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HomeMy WebLinkAbout20250317 - CC PacketSign up to receive automatic notification of Council agendas At ccagenda-subscribe@hastingsmn.gov or by calling 651-480-2350 City Council packets can be viewed in searchable format on the City’s website at https://www.hastingsmn.gov/city-government/city-council/city-council-documents-copy CITY OF HASTINGS CITY COUNCIL AGENDA Monday, March 17,2025 7:00 p.m. I.CALL TO ORDER II.PLEDGE OF ALLEGIANCE III.ROLL CALL IV.DETERMINATION OF QUORUM New Employee Introductions Charlotte King Anna Henn Lucas Knoll Presentation: Hastings Environmental Protectors V.APPROVAL OF MINUTES Approve Minutes of the City Council workshop on March 1 and regular meeting on March 3, 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: Accept Donation from Tina Foster to the Fire Department 3.Resolution: Accept Donation from the Miesville Lions Club to the Fire Department 4.Resolution: Accept Donation from the Plaisted Family to the Police Department 5.Resolution: Accept Donation from the Hastings Youth Athletic Association (HYAA) to the Parks and Recreation Department 6.Resolution: Approve Lawful Gambling Premises Permit Renewals 7.Resolution: Approve New Lawful Gambling Premises Permit for Hastings Hockey Boosters at Flingin Pies LLC dba Broadway Bar & Pizza, 909 Vermillion Street 8.Approve Second Amendment to City of Hastings Legal Services Agreement with LeVander, Gillen & Miller, PA. 9.Approve 2nd Reading and Adoption: Ordinance Amendments a.City Code Chapter 34.03 –Fees b.City Code Chapter 112 –Tobacco Regulations 10.Resolution: Authorize Signature of a Cooperative Construction Agreement No. 1056949 MnDOT Highway 55 Signal Replacements Project S.P. 1910-57 Sign up to receive automatic notification of Council agendas At ccagenda-subscribe@hastingsmn.gov or by calling 651-480-2350 City Council packets can be viewed in searchable format on the City’s website at https://www.hastingsmn.gov/city-government/city-council/city-council-documents-copy 11.Authorize Signature: Joint Powers Agreement for Use of LAHA Funds –Dakota County Community Development Agency 12.Approve Special Event Designation for Run for the Roses 13.2024 Budget Adjustments: Parks Department 14.Resolution: Cooperative Agreement with DNR for Extension of Lake Rebecca Fishing Pier IX.AWARDING OF CONTRACTS AND PUBLIC HEARING These are formal proceedings that give the public the opportunity to express their concern, ask questions, provide additional information, or support on a particular matter. Once the public hearing is closed, no further testimony is typically allowed and the Council will deliberate amongst itself and with staff and/or applicant on potential action by the Council. X.REPORTS FROM CITY STAFF These items are intended primarily for Council discussion and action. It is up to the discretion of the Mayor as to what, if any, public comment will be heard on these agenda items. A.Public Works B.Parks and Recreation C.Community Development 1.Adopt Hwy 55 and Jacob Avenue Growth Area Plan D.Public Safety E.Administration 1.Community Investment Fund 2.Red Rock Corridor & Great River Rail Joint Powers Agreements XI.UNFINISHED BUSINESS XII.NEW BUSINESS XIII.REPORTS FROM CITY COMMITTEES, OFFICERS, COUNCILMEMBERS XIV.ADJOURNMENT Next Regular City Council Meeting: Monday, April 7, 2025 7:00 p.m. Hastings, Minnesota City Council Workshop March 1, 2025 The City Council of the City of Hastings, Minnesota met in a workshop/retreat on Saturday, March 1, 2025,at 8:00 a.m. at the Hastings Golf Club, 2015 Westview Dr., 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 Community Development Director John Hinzman Police Chief Dave Wilske Public Works Director Ryan Stempski Communications Coordinator Dawn Skelly Finance Manager Chris Eitemiller Fire Chief John Townsend Mayor Fasbender called the workshop/retreat to order at 8:00 a.m.and welcomed Councilmembers and Management Team members. Council and Management Team staff members had completed the Gallup StrengthsFinder assessment prior to the retreat. Council and staff discussed their strengths from the Gallup StrengthsFinder assessment, reviewing individual and team impact of strengths. Following these activities, there was a discussion about the roles and responsibilities of Council and staff and where they intersect. The current Rules of Procedure/Decorum (adopted in 2018) were reviewed for updating. Based on the roles and responsibilities that Council and staff identified,important components to be included in the updated Rules of Procedure/Decorum were generated. Finally, Council and staff revisited the results from the Community Survey completed by residents in 2024 –specifically the overall confidence in Hastings’ governance. This discussion led to further discussion about the Strategic Plan outcome of enhanced community engagement. Council and staff identified several areas that could contribute to enhanced community engagement. ADJOURNMENT Retreat adjourned at 12:15 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 March 3, 2025 The City Council of the City of Hastings, Minnesota met in a regular meeting on Monday, March 3, 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 City Engineer Cody Mathisen Police Chief David Wilske Proclamation: Declaring to Drive Out Hunger During MN FoodShare for Hastings Family Service Proclamation: Multiple Sclerosis Week Approval of Minutes Mayor Fasbender asked if there were any additions or corrections to the minutes of the City Council workshop and regular meeting on February 18, 2025. Minutes were approved as presented. Comments from the Audience Janet Stotko, 2320 Timber View Dr, relayed her experience being struck from behind by an e- bike, the recovery and impact to her physically and mentally. She advocated for an ordinance regulating e-bikes. Liz Biskupski, 2309 Connelly Cir, Burnsville, Stotko’s daughter provided her perspective of her mother’s story also advocating for an ordinance regulating e-bikes. Charlie Egeberg, 106 River St, presented on experience with family motorcycle and scooter business as an advocate for legislation, training, licensing for motorcycles. He is an advocate for an endorsement on driver’s licenses for e-bikes, like motorcycles. Cory Likes, 2900 4th St. E, expressed appreciation for the Mayor and Councilmembers listening to resident concerns about the interest and need for a perimeter at the Gores Pool #3 WMA. Dan Mace, 1440 21st St. W, as a neighbor to Stotko, walking the same areas, has had to often step aside for e-bikes and encourages support of an e-bike ordinance. Jackie Rother, 1505 Brooke Ct, indicated that when she is walking, she cannot hear e-bikes approaching and she must be defensive by moving to the grass. She supports an e-bike ordinance. Consent Agenda Councilmember Pemble motioned to approve the Consent Agenda as presented, seconded by Councilmember Vihrachoff. 7 Ayes, 0 Nays. 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 1.Pay Bills as Audited 2.Resolution No. 03-01-25: Approve Temporary One-Day Gambling and Temporary One-Day Liquor License for Hastings Family Service 3.Resolution No. 03-02-25: Approve Temporary One-Day Gambling Permit for the Hastings Catholic Education Foundation 4.Resolution No. 03-03-25: Accept Donation from the Minnesota Jaycees Charitable Foundation to the Fire Department 5.Resolution No. 03-04-25: 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 2025 Neighborhood Infrastructure Improvements and Authorize Advertisement for Bids Conduct Public Hearing Resolution No. 03-05-25: Consider Approving Plans and Specifications Mathisen provided an overview of the project goals related to infrastructure projects, a summary of the proposed improvements, connection to city-approved plans, project cost and timeline. Mathisen indicated that the public hearing regarding assessments will be addressed at the April 7, 2025, Council meeting. Council was requested to conduct a public hearing and consider the resolution approving plans and specifications for the 2025 Neighborhood Infrastructure Improvements and Authorize Advertisement for Bids. Mayor Fasbender opened the public hearing at: 7:41 p.m. Lee Anderson, 1125 1st Street W, requested that speed signs be reinstalled as part of the project. Mayor Fasbender closed the public hearing at: 7:42 p.m. Council discussion on appreciation for work with Allina/Regina. Council asked questions regarding traffic calming strategies and what it could do for the area. Mathisen shared vehicles tend to travel faster in wider roadways, hoping that by narrowing roadways it would encourage vehicles to travel at a slower speed. Councilmember Pemble motioned to approve as presented, seconded by Councilmember Haus. 7 Ayes, 0 Nays. 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 Gores Pool #3 Wildlife Management Area Remove from Table Councilmember Pemble motioned to remove from the table, seconded by Councilmember Vihrachoff. Resolution: No. 03-06-25: Requesting the Minnesota Department of Natural Resources Provide a Buffer and Improved Signage Wilske reviewed key talking points from a presentation to Council in December. Wilske reviewed the current 2008 Memorandum of Understanding (MOU) with the Department of Natural Resources (DNR) which allowed for hunting within City limits for small game, wild turkey, and archery hunting for deer. Wilske indicated the original MOU agreed that a 200-foot buffer would be instituted for two properties during a special deer management hunt, but a special hunt has never been instituted. The neighborhood affected by Gores Pool #3 has changed over the years and the request to add a buffer for certain properties has been requested by homeowners. Wilske indicated the DNR has acquired additional land with Wildlife Management Area Funds and is interested in discussions about amending the original MOU to incorporate the newly acquired land and buffer discussion. Council discussion on appreciation for the work done by Chief Wilske and the Public Safety Advisory Commission. Council noted safety concerns expressed by neighboring residents and expressed interest in extending the buffer to 500’ from all occupied buildings. Council clarification on the next steps and that the decision goes to the Department of Natural Resources and encouraged residents to continue to call the police to address issues in the area. Council expressed gratitude for the effort to address this safety issue. Councilmember Vihrachoff motioned to approve as amended to a 500-foot buffer from all occupied buildings, seconded by Councilmember Leifeld. 7 Ayes, 0 Nays. UTV/ATV Ordinance Recommendations Wilske provided an overview of the request to accept recommendations regarding ATV/UTV on City streets as provided by the Public Safety Advisory Commission (PSAC). On September 3, 2024, City Council voted 4-2 in favor of revising the ordinance to allow use of special vehicles on City streets. City Council requested the PSAC to review and provide recommendations. Wilske shared that the PSAC reviewed neighboring jurisdictions ordinances and state statute language regarding the topic. Wilske shared specifics of the Commission’s recommendations. PSAC does not support a change in the ordinance 70.02. Wilske indicated that if Council did move forward on expanding the ordinance, PSAC had specific recommendations outlined. Council discussion on appreciation to Chief Wilske and the PSAC. Council posed questions regarding the enforcement workload. Wilske indicated that enforcement will be challenging but would begin with an education component to help constituents understand the ordinance. PSAC Chair Theresa Auge` indicated the age requirement recommendation is due to the ability to hold the operator responsible for compliance. Councilmembers voiced their support in not amending the ordinance. Council discussion the current UTV/ATV experiences and impact of the Hwy 61 reconstruction project. Council posed a clarifying question on what the current ordinance is for an age requirement. Chief Wilske indicated the specific requirements of the current ordinance. Councilmember Leifeld motioned to approve for no changes to the existing ordinance, seconded by Councilmember Lawrence. 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 6 Ayes, 1 Nay (Vihrachoff). E-Bike Ordinance Recommendations Wilske provided an overview of the request to accept recommendations regarding Electric Bikes as provided by the Public Safety Advisory Commission (PSAC) and request the City Attorney to draft ordinance revisions. Wilske shared that the PSAC reviewed neighboring jurisdictions ordinances and state statute language regarding the topic. Wilske shared specifics of the Commission’s recommendations. Council expressed gratitude to the Public Safety Advisory Commission (PSAC) for their work on the recommendations and gratitude for resident participation in the Council meeting. Council discussed addressing a wider scope of micromobility vehicles than just E-Bikes as other electric mobility devices are built to operate and increasing speeds.Council posed questions regarding multi-use trails.Council discussion on the consequences of violating ordinance and next steps in the process. Councilmember Haus motioned to approve moving forward with ordinance recommendations as presented, with other motorized mobility vehicles revert to PSAC for future amendment recommendations, seconded by Councilmember Vihrachoff. 7 Ayes, 0 Nays. PFAS PFAS Update Letter to Co-Trustees: Prioritize Clean Drinking Water Wietecha presented the PFAS Update. In January 2025, both Senator Seeberger and Representative Dippel have indicated strong support for our project. Representative 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 fully fund the remaining $16.6M costs for the Eastern WTP, one through the capital budget and the other as a general cash appropriation. Senator Seeberger has signed on to these two. On February 27, City staff had a hearing with the House Capital Investment Committee on the capital budget request (HF1192). Wietecha is scheduling a City Council workshop in near future for discussion of financing for the Water Treatment Plants. Wietecha indicated staff will have design plans for the Central WTP in the next few weeks to share with the residents through an Open House. Wietecha indicated that within the settlement funds, the State has access to $20M for restoring aquatic habitat and enhancing recreational opportunities. Wietecha has drafted a letter to the co-trustees encouraging prioritizing funds for drinking water rather than recreational opportunities. Council discussion on federal funding delays and impact on water treatment construction. Wietecha indicated we do not have a definitive answer if funding will be affected. Councilmember Pemble motioned to approve as presented, seconded by Councilmember Lawrence. 7 Ayes, 0 Nays. 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 2nd 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 second 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. No Council discussion. Councilmember Lawrence motioned to approve as presented, seconded by Councilmember Haus. 7 Ayes, 0 Nays. Announcements •Happy Birthday to the City of Hastings: incorporated as a city 168 years ago on March 7, 1857. •First review of Community Investment Fund applications will be Monday, March 10. •Coffee with a Cop will be on Tuesday, March 25, at Froth & Cork. Please meet with Police to ask questions, voice concerns, and get to know one another. Meetings •Finance Committee Meeting on Monday, March 10,2025 at 7:00 p.m. •Planning Commission Meeting on Monday, March 10, 2025 at 7:00 p.m. •Heritage Preservation Commission Meeting on Tuesday, March 11, 2025 at 7:00 p.m. •Arts & Culture Commission Meeting on Wednesday, March 12, 2025 at 6:00 p.m.–Cancelled •HEDRA Meeting on Thursday, March 13, 2025 at 6:00 p.m. •City Council Workshop on Monday, March 17, 2025 at 5:30 p.m. •City Council Meeting on Monday, March 17,2025 at 7:00 p.m. Councilmember Leifeld motioned to adjourn the meeting at 8:53 PM, seconded by Councilmember Vihrachoff.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: 03/13/2025 Item: Disbursements Council Action Requested: Staff requests: Council review of Feb 2025 automatic payments. Council review of weekly routine disbursements issued 03/11/2025. Council approval of routine disbursements, capital purchases and employee reimbursements to be issued 03/18/2025. 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: Feb 2025 Auto Payments $ 302,789.42 Disbursement checks, ACH issued on 03/11/2025 $ 622,146.71 Disbursement checks, ACH to be issued on 03/18/2025 $ 323,876.03 Advisory Commission Discussion: N/A Council Committee Discussion: N/A Attachments: ● Council Reports VIII-01 VIII-01 VIII-01 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 Council Members From:John Townsend, Fire Chief Date:March 17, 2025 Item:Accept a Donation from Tina Foster in Memory of Earl Foster Council Action Requested:Council is asked to accept a donation in the amount of $100.00, made to the fire department,and to adjust the fire donation account #213-2100-5815 in the same amount. Background Information:Tina Foster has made this donation, in memory of Earl Foster to be used towards the current needs of the fire department and ambulance service. Financial Impact:Increase fire donation account by $100.00 Advisory Commission Discussion:N/A Council Committee Discussion:N/A Attachment:Resolution VIII-02 CITY OF HASTINGS DAKOTA COUNTY, MINNESOTA RESOLUTION ____________ A RESOLUTION EXPRESSING ACCEPTANCE OF AND APPRECIATION OF DONATIONS TO THE HASTINGS FIRE DEPARTMENT WHEREAS,Tina Foster made a donation to be designated to the fire department; and WHEREAS,the City Council is appreciative of the donation and commends Tina Foster for her civic efforts, NOW, THEREFORE BE IT RESOLVED,by the City Council of the City of Hastings, Minnesota;That the donation is accepted and acknowledged with gratitude; and Adopted this 17th day of March, 2025. ________________________________ Mary Fasbender, Mayor Attest: ____________________________ Kelly Murtaugh, City Clerk VIII-02 City Council Memorandum To: Mayor Fasbender & City Council Members From:John Townsend, Fire Chief Date:March 17, 2025 Item:Accept a Donation from Miesville Lions Club Council Action Requested:Council is asked to accept a donation in the amount of $500.00, made to the fire department,and to adjust the fire donation account #213-2100-5815 in the same amount. Background Information:The Miesville Lions has made this donation to be used towards fire department needs. Financial Impact:Increase the fire donation account by $500.00 Advisory Commission Discussion:N/A Council Committee Discussion:N/A Attachments:Resolution Mayor Thank You Letter VIII-03 CITY OF HASTINGS DAKOTA COUNTY, MINNESOTA RESOLUTION ___________ A RESOLUTION EXPRESSING ACCEPTANCE OF AND APPRECIATION OF DONATIONS TO THE HASTINGS FIRE DEPARTMENT WHEREAS,the Miesville Lions Club made a donation to be designated to the fire department; 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;That the donation is accepted and acknowledged with gratitude; and Adopted this 17th day of March, 2025. ________________________________ Mary Fasbender, Mayor Attest: ____________________________ Kelly Murtaugh, City Clerk VIII-03 City Council Memorandum To: Mayor Fasbender & City Council Members From:David D. Wilske, Chief of Police Date:March 17th,2025 Item:Donation to Hastings Police Department Council Action Requested: Accept donation of $600 from Allen and Kathy Plaisted to continue our outreach efforts at community events. Background Information: Allen and Kathy Plaisted are interested in donating $600 to Hastings Police Department to support our outreach efforts during community events this year. The department has made it a priority to have a presence at community events and provide giveaways to the children and adult members of our community.The money will go towards purchasing giveaway items, often referred to as swag, to those that participate in police programs and other events we are present at. Financial Impact: Positive Advisory Commission Discussion: None Council Committee Discussion: None Attachments: •Resolution •Thank You VIII-04 CITY OF HASTINGS DAKOTA COUNTY, MINNESOTA RESOLUTION _____________ A RESOLUTION EXPRESSING ACCEPTANCE OF AND APPRECIATION OF A DONATION TO THE HASTINGS POLICE DEPARTMENT WHEREAS,Allen and Kathy Plaisted have donated to the Hastings Police Department $600; and WHEREAS,this donation will be used to purchase giveaways and swag items for Hastings Police Department public events;and WHEREAS,the City Council is appreciative of the donation and commends Allen and Kathy Plaisted 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 with community events and giveaways for residents of Hastings. Adopted this 17th day of March, 2025, _______________________________ Mary Fasbender, Mayor Attest: _____________________ Kelly Murtaugh, City Clerk VIII-04 City Council Memorandum To:Mayor Fasbender &City Councilmembers From:Jessica Urbach, Parks and Recreation Office Assistant Date:March 17, 2025 Item:Accept Donation to the Parks and Recreation Department Council Action Requested:Council is asked to accept a donation in the amount of $1,000.00, made to the Parks and Recreation Department and has designated that this donation be used for a Memorial Bench in a City Park or on a City Trail. Background Information:The Hastings Youth Athletic Association (HYAA)has made this donation to be used for a Memorial Bench in a City Park or on a City Trail. Financial Impact: Increase the Parks and Recreation donation account by $1,000.00 Advisory Commission Discussion: N/A Council Committee Discussion: N/A Attachments:•Resolution VIII-05 CITY OF HASTINGS DAKOTA COUNTY, MINNESOTA RESOLUTION ____________ A RESOLUTION EXPRESSING ACCEPTANCE OF AND APPRECIATION OF A DONATION TO THE PARKS AND RECREATION DEPARTMENT WHEREAS,the Hastings Youth Athletic Association (HYAA) has presented to the City Parks & Recreation Department a donation of $1,000.00 and has designated that this donation be used for a Memorial Bench in a City Park or on a City Trail; and WHEREAS,the City Council is appreciative of the donation and commends the Hastings Youth Athletic Association (HYAA) for their civic efforts, NOW, THEREFORE BE IT RESOLVED,by the City Council of the City of Hastings, Minnesota; 1.That the donation is accepted and acknowledged with gratitude; and 2.That the donation will be appropriated for a memorial bench to be placed in a City Park or on a City Trail; and Adopted this 17th day of March, 2025. __________________________ Mary D. Fasbender, Mayor ATTEST: __________________________ Kelly Murtaugh, City Clerk VIII-05 City Council Memorandum To: Mayor Fasbender & City Council Members From:Emily King, Deputy City Clerk Date: March 17, 2025 Item: Approve Lawful Gambling Premises Permit Renewals Council Action Requested: Approve the attached resolution approving Lawful Gambling Premises Permit Renewals for the organizations listed below. American Legion Post 47 American Legion, 50 Sibley Street AmVets Post 1 of Mendota 3475 Vermillion Street Climb Theatre Pub 55, 880 Bahls Drive The Bar Draft House, 2101 Vermillion Street Hastings Hockey Boosters Me & Julio, 350 33rd Street West Quarry Taphouse, 106 2nd Street East Hill-Murray Father’s Club Hastings Tavern, 111 3rd Street East Miesville Lions Club Bierstube, 109 11th Street W. Minnesota Jaycees The Busted Nut, 118 2nd Street East Spiral Bridge Eagles Club, 1120 Vermillion Street Saint Thomas Academy Alumni Association Applebee’s Neighborhood Grill & Bar, 2000 Vermillion Street VFW Post 1210 2nd Street Depot, 320 2nd Street E Background Information: The organizations above have submitted requests to renew their Lawful Gambling Premises Permits. Financial Impact: Permit fees included in budget. Advisory Commission Discussion: N/A Council Committee Discussion: N/A Attachments: •Resolution VIII-06 CITY OF HASTINGS DAKOTA COUNTY, MINNESOTA RESOLUTION ______________ RESOLUTION APPROVING LAWFUL GAMBLING PREMISES PERMIT RENEWALS WHEREAS, the City has received and reviewed application for the renewal of premises permits; and WHEREAS, approval and issuance of approval are contingent upon the City receiving all fees and required documents. NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Hastings, that the following renewals are approved for April 1, 2025 –March 31, 2026. American Legion Post 47 American Legion, 50 Sibley Street AmVets Post 1 of Mendota 3475 Vermillion Street Climb Theatre Pub 55, 880 Bahls Drive The Bar Draft House, 2101 Vermillion Street Hastings Hockey Boosters Me & Julio, 350 33rd Street West Quarry Taphouse, 106 2nd Street East Hill-Murray Father’s Club Hastings Tavern, 111 3rd Street East Miesville Lions Club Bierstube, 109 11th Street W. Minnesota Jaycees The Busted Nut, 118 2nd Street East Spiral Bridge Eagles Club, 1120 Vermillion Street Saint Thomas Academy Alumni Association Applebee’s Neighborhood Grill & Bar, 2000 Vermillion Street VFW Post 1210 2nd Street Depot, 320 2nd Street E ADOPTED BY THE CITY COUNCIL OF HASTINGS, MINNESOTA THIS 17TH DAY OF MARCH,2025. ______________________________________________________________ Kelly Murtaugh, City Clerk Mary D. Fasbender, Mayor VIII-06 City Council Memorandum To: Mayor Fasbender & City Council Members From: Emily King, Deputy City Clerk Date: March 17, 2025 Item: Approve Lawful Gambling Premise Permits for Hastings Hockey Boosters at Flingin Pies LLC dba Broadway Bar & Pizza, 909 Vermillion Street Council Action Requested: Approve the attached resolution approving a Lawful Gambling Premise Permits for Hastings Hockey Boosters at Flingin Pies LLC dba Broadway Bar & Pizza, 909 Vermillion Street. Background Information: The Hastings Hockey Boosters have submitted the required application for a Lawful Gambling Premise Permit at Flingin Pies LLC dba Broadway Bar & Pizza, 909 Vermillion Street. Financial Impact: N/A Advisory Commission Discussion: N/A Council Committee Discussion: N/A Attachments: • Resolution VIII-07 CITY OF HASTINGS DAKOTA COUNTY, MINNESOTA RESOLUTION ____________ RESOLUTION APPROVING THE LAWFUL GAMBLING PREMISE PERMIT APPLICATION BY HASTINGS HOCKEY BOOSTERS WHEREAS, Hastings Hockey Boosters have made the application for a Lawful Gambling Premise Permit at Flingin Pies LLC dba Broadway Bar & Pizza, 909 Vermillion Street; and WHEREAS, Hastings Hockey Boosters shall comply with all applicable laws governing lawful gambling. 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 17TH DAY OF MARCH, 2025. ATTEST: ______________________________ ________________________________ Kelly Murtaugh, City Clerk Mary D. Fasbender, Mayor VIII-07 SECONDAMENDMENTTO CITY OF HASTINGS LEGALSERVICESAGREEMENT THIS SECOND AMENDMENT TO LEGAL SERVICES AGREEMENT (this “Second Amendment”)is entered into as of March 17,2025 (the “Effective Date”),by and between the City of Hastings (“City”),a Minnesota municipal corporation,and LeVander,Gillen &Miller,P.A. (“LeVander”),a Minnesota professional association. RECITALS A.The City entered into a Legal Services Agreement with LeVander on February 16,2021, which was amended by the First Amendment on September 5,2023,(together the “Agreement”). B.The City and LeVander desire to amend the Agreement to modify the responsible attorney. NOW,THEREFORE,in consideration of the mutual promises and covenants of each to the other contained in this Second Amendment and other good and valuable consideration,receipt of which is hereby acknowledged,the parties hereto do covenant and agree as follows: 1.The entireAgreement is hereby incorporated into this Second Amendment,except as modified below. 2.Section III of the Agreement is hereby removed and replaced in its entirety as follows: HI.Services Provided LeVander shall provide civil legal representation on behalf of the City during the term of this Agreement.Greta Bjerkness will be the principal responsible attorney for all matters,any of the shareholders,associates,legal assistants or staff will also be available.LeVander will not provide Criminal Prosecution Services on behalf of the City.“Criminal Prosecution Services”shall mean those matters involving the enforcement of laws of the State of Minnesota or the ordinances of the City through the use of the criminal justice system. 3.Except as provided for above,the terms and provisions of the Agreement shall remain in full force and effect. 4.This Second Amendment and all disputes or controversies arising out of or relating to this Second Amendment,or the transactions contemplated hereby shall be governed by,and construed in accordance with,the internal laws of the State of Minnesota,without regard to the laws of any other jurisdiction that might be applied because of the conflicts of laws principles of the State of Minnesota. VIII-08 5.This Second Amendment may be executed in two or more counterparts,all of which shall be considered one and the same instrument and shall become effective when one or more counterparts have been signed by the parties and delivered to the other parties. 6.This Second Amendment shall not be amended,modified or supplemented,except by a written instrument signed by an authorized representative of each party. LEVANDER,GILLEN &MILLER,P.A. CITY OF HASTINGS By: Mary Fasbender Mayor By: Kelly Murtaugh City Clerk VIII-08 City Council Memorandum To: Mayor Fasbender & City Councilmembers From: Kelly Murtaugh, Assistant City Administrator Date: March 17, 2025 Item:2nd Reading: Ordinance Amendment –City Code Chapter 34.03 –Fee Schedule and Chapter 112 –Tobacco Regulations Council Action Requested: Consider Second Reading of the amendments to Hastings City Code Chapter 34.03 –Fee Schedule and Chapter 112 –Tobacco Regulations. Background Information: City staff 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, Council members 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.Since the first reading on March 3, 2025 modest changes were made to clarify language regarding license transfers. Financial Impact: N/A Advisory Commission Discussion: N/A Council Committee Discussion: Recommendation 02/10/2025 Attachments: •Second Reading Ordinance Amendment: Chapter 34.03 –Fee Schedule •Second Reading Ordinance Amendment: Chapter 112 –Tobacco Regulations VIII-09 (a,b) Page 1 CITY OF HASTINGS ORDINANCE NO.2025-03 AN ORDINANCE FOR 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 “City Clerk”of the Hastings Municipal Code is hereby amended as follows: A M EN D M E N T City Clerk Tobacco License $250.00 Annual (July 1 -June 30)2025 Investigation Fee $100.00 Annual 2025 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 , 2025 modifies City Ordinance Section 34.03 –Fee Schedule of the City Code increasing the annual tobacco licensing fee and enacts 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. Passed this day of ,2025. Mary D. Fasbender,Mayor,City of Kelly Murtaugh, City Clerk, City of Hastings Hastings VIII-09 (a,b) Page 1 CITY OF HASTINGS ORDINANCE NO.2025-04 AN ORDINANCE FOR THE CITY OF HASTINGS, MINNESOTA, AMENDING HASTINGS CITY CODE CHAPTER 112 REGARDING TOBACCO REGULATIONS The City Council of the City of Hastings,Dakota County,Minnesota,does hereby ordain as follows: SECTION 1:AMENDMENT “112.02 Definitions And Interpretations”of the Hastings Municipal Code is hereby amended as follows: A M EN D M E N T 112.02 Definitions And Interpretations Except as otherwise 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. CHILD-RESISTANT PACKAGING.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 Regulations,title 16, section 1700.20, as in effect on January 1, 2015. COMPLIANCE CHECKS. 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. COMPLIANCE CHECKS may involve the use of persons under the age of 21 as authorized by this chapter. COMPLIANCE CHECKS shall also mean the use of persons under the age of 21 who attempt to purchase licensed products for education, research and training purposes as authorized by state and federal laws. ELECTRONIC DELIVERY DEVICE. Any product containing or delivering nicotine, lobelia,or any other substance,whether natural or synthetic,intended for human consumption through the inhalation of aerosol or vapor from the product. ELECTRONIC DELIVERY DEVICE 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. ELECTRONIC DELIVERY DEVICE includes any component part of a product,whether or not marketed or sold separately.ELECTRONIC DELIVERY DEVICE does not include any product that has been approved or certified by the U.S. Food and Drug Administration for sale as a tobacco-cessation product,as a tobacco-dependence product,or for other medical purposes,and is marketed and sold for such an approved purpose. VIII-09 (a,b) Page 2 INDOOR AREA. All space between a floor and a ceiling that is bounded by walls, doorways, or windows, whether 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. LICENSED PRODUCTS.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. MOVABLE PLACE OF BUSINESS.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. NICOTINE OR LOBELIA DELIVERY PRODUCT. Any 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. NICOTINE OR LOBELIA DELIVERY PRODUCT does not include any product that has been approved or otherwise certified for legal sale by the U.S.Food and Drug Administration 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. RETAIL ESTABLISHMENT.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. SALE.Any transfer of goods for money,trade,barter,or other consideration. SELF-SERVICE MERCHANDISING.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. SMOKING.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. TOBACCO. Means any product containing, made, or derived from tobacco that is intended for human consumption, whether 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-09 (a,b) Page 3 granulated,plug cut,crimp cut,ready rubbed,and other smoking tobacco;snuff;snuff flour; cavendish;plug and twist tobacco;fine-cut and other chewing tobacco;shorts;refuse scraps, clippings, cuttings and sweepings of tobacco, and other kinds and forms of tobacco. TOBACCO excludes any tobacco product that has been approved by the United States Food and Drug Administration 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. Ord. No. 2011-12, 3rd Series, passed 06-06-11 TOBACCO-RELATED DEVICE. Any rolling papers, wraps, pipes, or other device intentionally designed or intended to be used with tobacco products.TOBACCO-RELATED DEVICE includes components of tobacco-related devices or tobacco products,which may be marketed or sold separately. TOBACCO-RELATED DEVICES may or may not contain tobacco. TOBACCO STORE.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 which the sale of other products is merely incidental. This definition does not include an accessory tobacco section of any business establishment meeting the definition of Retail Establishment in this section. VENDING MACHINE. Any mechanical, electrical or electronic, or other type of device which 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. SECTION 2:AMENDMENT “112.03 License”of the Hastings Municipal Code is hereby amended as follows: A M EN 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 City of Hastings. B.Application.An 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 applicant intends to use to educate employees and any additional information the city deems necessary.Upon receipt of completed application,the City Clerk shall forward the application to the Council for action at a City Council meeting. If the Clerk determines an application is incomplete,the Clerk shall return the application to the applicant with 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.All liability and insurance policies required herein shall provide that there shall be no cancellation VIII-09 (a,b) Page 4 of the policy for any cause,by the insured or by the insurance company,without first giving 10-days'written notice to the City,addressed to the City Clerk.Tobacco sales by a licensee without 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 forwarded to the Council. The Clerk shall forward the application to the Police Department within a reasonable period of time. The application and investigation results will be forwarded to the Council for action.If the Council approves the license,the Clerk 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 when the license was originally issued.Thereafter, all licenses eligible for renewal, will be renewed for one (1)year. All tobacco licensees,despite when the license is issued,will be subject to an annual compliance check. F.Revocation Or Suspension.Any license issued under this chapter may be revoked or suspended as provided in this chapter. G.Transfers.All licenses issued under this chapter shall be issued only for the premises to which the license was issued and only for the person to whom the license was issued. H.Movable Place Of 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 renewal of a license issued under this section shall be handled in the same manner as the original application.The request for a renewal 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 Not A Right.The issuance of a license is a privilege and does not entitle the license holder to an automatic renewal of the license. L.Smoking.Smoking shall not be permitted and no person shall smoke within the indoor area of any establishment with a retail tobacco license. Smoking for the purposes of sampling licensed products is prohibited. M.Samples.No person shall distribute samples of any licensed product free of charge or at a nominal cost. N.Restriction on the number of licenses.The number of Tobacco Store Licenses within 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 will not issue any new Tobacco Store Licenses after March 17, 2025 if the cap defined in 112.03N is satisfied. b.The City will only renew existing Tobacco Store Licenses that were issued prior to March 17,2025.A license is only eligible for renewal by the same natural person who holds the license on March 17,2025, or a license held by a partnership,LLC,corporation or other business organization is only eligible for renewal provided there has not been a VIII-09 (a,b) Page 5 change of 50% or more of the owners, shareholders or partners in place on March 17, 2025, and provided there has been no change in location of the licensed premises. SECTION 3:AMENDMENT “112.05 Basis For Denial Of A License”of the Hastings Municipal Code is hereby amended as follows: A M EN D M E N T 112.05 Basis For Denial Of A License A.Generally. The following shall be grounds for denying issuance or a renewal 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 renewal of the license. If a license is mistakenly issued or renewed to a person, it shall be revoked upon discovery the person was ineligible for the license under this section. The city will 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 within 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 within 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-09 (a,b) Page 6 SECTION 4: 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 , 2025 amends the City Ordinance to allow the City to regulate tobacco licenses within the City of Hastings. SECTION 5:EFFECTIVE DATE.This ordinance shall be in full force and effect from and after its passage and publication according to law. Passed this day of ,2025. Attest Mary D.Fasbender,Mayor,City of Hastings Kelly Murtaugh,City Clerk,City of Hastings VIII-09 (a,b) City Council Memorandum To: Mayor Fasbender & City Council Members From:Cody Mathisen –City Engineer Date:March 17,2025 Item:Approve Resolution and Authorize Signature -Cooperative Construction Agreement No. 1056949 -MnDOT Highway 55 Signal Replacements Project S.P. 1910-57 COUNCIL ACTION REQUESTED Attached for Council consideration is a resolution to approve the City’s entry into a Municipal Cooperative Construction Agreement with MnDOT for the Highway 55 Signal Replacements Project. The agreement outlines the upfront project cost and eventual maintenance responsibilities that the City and MnDOT will have for the project. BACKGROUND INFORMATION On September 3rd, 2024, City Council adopted a resolution of support for the proposed Highway 55 Traffic Signal Replacements. Key features of this project will include: •Replacement of two traffic signal systems located at the intersections of Pleasant Drive and Westview Drive along Highway 55 where the existing signals are 41 and 38 years old respectively. •Improvement of intersection lighting in conjunction with the installation of new traffic signal poles. •ADA Sidewalk enhancements at the project intersections and adjoining frontage roads. •Minor storm sewer repairs. •Mill and Overlay of the Pleasant Drive and Westview Drive intersections upon completion of all other project activities. The long-term maintenance responsibilities of the City that are outlined in the Municipal Cooperative Construction Agreement are in alignment with practices and procedures that are being performed along our MnDOT highways today. Generally, the City is responsible for routine maintenance items on traffic signals within our municipal limits such as any painting, cleaning, and light fixture replacement needs that arise which is consistent with MnDOT’s standards across the state. FINANCIAL IMPACT The cost share for the City to complete this project is currently estimated to be $616,305.15 as outlined in the attached agreement. This includes replacement of the existing signals, relocations of City owned electric facilities for street lighting, and minor storm sewer repairs. It is important to note that this estimate is being provided in advance of bids being received. The actual costs to be incurred will be adjusted after a bid has been accepted. VIII-10 FINANCIAL IMPACT (CONTINUED) The majority of project costs are eligible to be paid for out of the City’s Municipal State Aid Street (MSAS) funds which currently has an account balance of nearly $3,000,000. The approximately $25,000 of costs not anticipated to be eligible for MSAS funds are related to the relocation of City utilities, including storm sewer and city-owned lighting, which will be funded by a combination of utility enterprise accounts and the general fund. STAFF RECOMMENDATION Staff and City Attorney Greta Bjerkness have reviewed the language of the agreement and worked through minor revisions with MnDOT. Staff is recommending that the City Council adopt the attached resolution to approve Municipal Cooperative Construction Agreement No. 1056949. ATTACHMENTS •Resolution •Municipal Cooperative Construction Agreement No. 1056949 VIII-10 CITY OF HASTINGS DAKOTA COUNTY,MINNESOTA RESOLUTION NO. RESOLUTION FOR APPROVAL OF MNDOT MUNICIPAL COOPERATIVE CONSTRUCTION AGREEMENT NO.1056949 FOR THE MNDOT HIGHWAY 55 SIGNAL REPLACEMENTS –S.P.1910-57 WHEREAS, in the late summer of 2025, the Minnesota Department of Transportation (MnDOT) will begin a project to replace traffic signals along Trunk Highway 55 at the intersections of Pleasant Drive and Westview Drive along with other minor improvements, and WHEREAS, per MnDOT’s cost participation policy, the City of Hastings must fund part of the project, including a share of the new signal and lighting systems based upon the presence of City street intersections with the MnDOT highway, and WHEREAS,the City of Hastings will be required to provide ongoing routine maintenance to several elements of said project, and WHEREAS,Municipal Cooperative Construction Agreement No. 1056949 has been assembled to provide the City’s anticipated share of construction costs that will be paid to the State for the work proposed upon, along, and adjacent to Trunk Highway 55 at the intersections of Pleasant Drive and Westview Drive under State Project No. 1910-57 (T.H. 55=053), and to delineate the long-term maintenance responsibilities of MnDOT and the City on the project elements. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HASTINGS AS FOLLOWS;that The City Council hereby approves entry into Agreement No. 1056949 between the City of Hastings and the Minnesota Department of Transportation and authorizes the Mayor and City Clerk to sign said agreement. ADOPTED BY THE CITY COUNCIL OF HASTINGS, MINNESOTA, THIS 17TH DAY OF MARCH, 2025. Ayes: Nays: Mary D. Fasbender, Mayor ATTEST: Kelly Murtaugh, City Clerk SEAL VIII-10 MnDOT Contract: 1056949 -1- Receivable Standard with Signal (Cooperative Agreements) STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION AND CITY OF HASTINGS COOPERATIVE CONSTRUCTION AGREEMENT State Project Number: 1910-57 Trunk Highway Number: 55-053 State Aid Project Number: 139-010-015 Federal Project Number: NHPP 0055(322) Lighting Feed Point:City Signal System A ID: 18858208 Signal System B ID:18858209 Estimated Amount Receivable $616,305.15 This Agreement is between the State of Minnesota, acting through its Commissioner of Transportation ("State") and the City of Hastings, acting through its City Council ("City"). Recitals 1.The State will perform grading, bituminous surfacing, ADA improvements, and signals construction and other associated construction upon, along, and adjacent to Trunk Highway (TH)55 at Pleasant Drive and at Westview Drive according to State-prepared plans, specifications, and special provisions designated by the City as State Aid Project (SAP) 139-010-015 and by the City and the State as State Project (SP)1910-57 (TH 55=053) ("Project"); and 2.The City has requested the State include in its Project municipal utility and lighting construction; and 3.The City will participate in the costs of the municipal utility, lighting, and signals construction and associated construction engineering; and 4.Agreement 1058371 between the State and the City and Agreement 1058372 between the State and Dakota County will address the project’s detour; and 5.Minnesota Statutes § 161.45, subdivision 2, allows for City-owned utility relocation to be included in a State construction contract, and payment by the City for such relocation according to applicable statutes and rules for utilities on trunk highways; and 6.Minnesota Statutes § 161.20, subdivision 2 authorizes the Commissioner of Transportation to make arrangements with and cooperate with any governmental authority for the purposes of constructing, maintaining, and improving the trunk highway system. Agreement 1.Term of Agreement; Survival of Terms; Plans; Incorporation of Exhibits 1.1.Effective Date. This Agreement will be effective on the date the State obtains all signatures required by Minnesota Statutes § 16C.05, subdivision 2. 1.2.Expiration Date. This Agreement will expire when all obligations have been satisfactorily fulfilled. 1.3.Survival of Terms.All clauses which impose obligations continuing in their nature and which must survive in order to give effect to their meaning will survive the expiration or termination of this Agreement, VIII-10 MnDOT Contract: 1056949 -2- Receivable Standard with Signal (Cooperative Agreements) including, without limitation, the following clauses: 3.Maintenance by the City;9.Liability; Worker Compensation Claims; 11.State Audits; 12.Government Data Practices; 13.Governing Law; Jurisdiction; Venue; and 15. Force Majeure.The terms and conditions set forth in Article 4. Signal Systems and Emergency Vehicle Preemption Systems Operation and Maintenance will survive the expiration of this Agreement, but may be terminated by another Agreement between the parties. 1.4.Plans, Specifications,and Special Provisions. Plans, specifications,and special provisions designated by the State as State Project 1910-57 (TH 55=053)are on file in the office of the Commissioner of Transportation at Saint Paul, Minnesota, and incorporated into this Agreement by reference ("Project Plans"). 1.5.Exhibits. The Preliminary Schedule "I"is on file in the office of the City Administrator and attached and incorporated into this Agreement. 2.Construction by the State 2.1.Contract Award.The State will advertise for bids and award a construction contract to the lowest responsible bidder according to the Project Plans. 2.2.Direction, Supervision,and Inspection of Construction. A.Supervision and Inspection by the State. The State will direct and supervise all construction activities performed under the construction contract, and perform all construction engineering and inspection functions in connection with the contract construction.All contract construction will be performed according to the Project Plans. B.Inspection by the City.The City participation construction covered under this Agreement will be open to inspection by the City.If the City believes the City participation construction covered under this Agreement has not been properly performed or that the construction is defective, the City will inform the State District Engineer's authorized representative in writing of those defects.Any recommendations made by the City are not binding on the State.The State will have the exclusive right to determine whether the State's contractor has satisfactorily performed the City participation construction covered under this Agreement. 2.3.Plan Changes, Additional Construction, Etc. A.The State will make changes in the Project Plans and contract construction, which may include the City participation construction covered under this Agreement, and will enter into any necessary addenda and change orders with the State's contractor that are necessary to cause the contract construction to be performed and completed in a satisfactory manner.The State District Engineer's authorized representative will inform the appropriate City official of any proposed addenda and change orders to the construction contract that will affect the City participation construction covered under this Agreement. B.The City may request additional work or changes to the work in the plans as part of the construction contract.Such request will be made by an exchange of letter(s) with the State.If the State determines that the requested additional work or plan changes are necessary or desirable and can be accommodated without undue disruption to the project, the State will cause the additional work or plan changes to be made. 2.4.Satisfactory Completion of Contract. The State will perform all other acts and functions necessary to cause the construction contract to be completed in a satisfactory manner. VIII-10 MnDOT Contract: 1056949 -3- Receivable Standard with Signal (Cooperative Agreements) 2.5.Permits. The City will submit to the State's Utility Engineer an original permit application for all utilities owned by the City to be constructed hereunder that are upon and within the Trunk Highway Right-of-Way. Applications for permits will be made on State form "Application For Utility Permit On Trunk Highway Right-of-Way" (Form 2525). 2.6.Utility Adjustments. Adjustments to certain City-owned facilities, including but not limited to, valve boxes and frame and ring castings, may be performed by the State's contractor under the construction contract. The City will furnish the contractor with new units and/or parts for those in place City-owned facilities when replacements are required and not covered by a contract pay item, without cost or expense to the State or the contractor, except for replacement of units and/or parts broken or damaged by the contractor. 3.Maintenance by the City Upon completion of the project, the City will provide the following without cost or expense to the State: 3.1.Storm Sewers. Routine maintenance of any storm sewer facilities construction.Routine maintenance includes, but is not limited to, removal of sediment, debris, vegetation and ice from grates and catch basins,and any other maintenance activities necessary to preserve the facilities and to prevent conditions such as flooding, erosion, or sedimentation, this also includes informing the District Maintenance Engineer of any needed repairs. 3.2.Municipal Utilities.Maintenance of any municipal-owned utilities construction, without cost or expense to the State. 3.3.Sidewalks.Maintenance of any sidewalk construction, including stamped and colored concrete sidewalk (if any) and pedestrian ramps.Maintenance includes, but is not limited to, snow, ice and debris removal, patching, crack repair, panel replacement, cross street pedestrian crosswalk markings, vegetation control of boulevards (if any),and any other maintenance activities necessary to perpetuate the sidewalks in a safe, useable, and aesthetically acceptable condition. 3.4.Lighting. Maintenance and ownership of any lighting facilities construction. Maintenance of electrical lighting systems includes everything within the system, from the point of attachment to the power source or utility, to the last light on the feed point, including but not limited to re-lamping of lighting units or replacing of Light-emitting Diode (LED)luminaires, repair or replacement of all damaged luminaire glassware, loose connections, luminaires when damaged or when ballasts fail, photoelectric control on luminaires, defective starter boards or drivers, damaged fuse holders, blown fuses, knocked down poles including wiring within the poles, damaged poles, pull boxes, underground wire, damaged foundations, equipment pad, installation of approved splices or replacement of wires, repair or extending of conduit, lighting cabinet maintenance including photoelectric cell, electrical distribution system, Gopher State One Call (GSOC) locates,and painting of poles and other equipment. The City will be responsible for the hook up cost and application to secure an adequate power supply to the service pad or pole and will pay all monthly electrical service expenses necessary to operate the lighting facility. 3.5.Additional Drainage.No party to this Agreement will drain any additional drainage volume into the storm sewer facilities constructed under the construction contract that was not included in the drainage for which the storm sewer facilities were designed, without first obtaining written permission to do so from the other party. 3.6.Right-of-Way Access. The State authorizes the City to enter upon State Right-of-Way to perform the maintenance activities described in this Agreement. The City must notify and coordinate with the State’s District Maintenance Engineer prior to accessing State Right-of-Way. While the City is occupying the State's VIII-10 MnDOT Contract: 1056949 -4- Receivable Standard with Signal (Cooperative Agreements) Right-of-Way, they must comply with the approved traffic control plan and with applicable provisions of the Work Zone Field Handbook (http://www.dot.state.mn.us/trafficeng/workzone/index.html). All City personnel occupying the State's Right-of-Way must be provided with required reflective clothing and hats. 3.7.Environmental. The City shall not dispose of any materials regulated by any governmental or regulatory agency onto the ground or into any body of water or into any container on the State’s Right-of-Way. In the event of spillage of regulated materials, the City shall immediately notify the State’s Authorized Representative in writing and shall provide for cleanup of the spilled material and any materials contaminated by the spillage in accordance with all applicable federal, state, and local laws and regulations, at the sole expense of the City. 4.Signal Systems and Emergency Vehicle Preemption Systems Operation and Maintenance Operation and maintenance responsibilities will be as follows for the following Signal Systems and Emergency Vehicle Preemption (EVP)Systems and for the Interconnect on TH 55 from Westview Drive to Pleasant Drive: •Signal System A System ID 18858208 TH 55 at Pleasant Drive •Signal System B System ID 18858209 TH 55 at Westview Drive 4.1.City Responsibilities A.Power.The City will be responsible for the hook-up cost and application to secure an adequate power supply to the service pad(s) or pole(s) and will pay all monthly electrical service expenses necessary to operate the Signal Systems, EVP Systems,and Interconnect. B.Minor Signal System Maintenance.The City will provide for the following, without cost to the State. i.Maintain the signal pole mounted LED luminaires, including replacing the luminaires when necessary. The LED luminaire must be replaced when it fails or when light levels drop below recommended American Association of State Highway and Transportation Officials (AASHTO)levels for the installation. ii.Replace the Signal Systems’LED indications.Replacing LED indications consists of replacing each LED indication when it reaches end of life per the MnDOT Traffic Engineering Manual or fails or no longer meets Institute of Traffic Engineers (ITE) standards for light output. iii.Clean the Signal Systems’controller cabinet and service cabinet exteriors. iv.Clean the Signal Systems and luminaire mast arm extensions. v.Paint and maintain the cross street pedestrian crosswalk markings. 4.2.State Responsibilities. A.Interconnect; Timing; Other Maintenance. The State will maintain the Interconnect and signing, and perform all other Signal System, Accessible Pedestrian Signals (APS),and signal pole luminaire circuit maintenance without cost to the City.All Signal System timing will be determined by the State, and no changes will be made without the State's approval. B.EVP Systems Operation.The EVP Systems will be installed, operated, maintained, and removed according to the following conditions and requirements: VIII-10 MnDOT Contract: 1056949 -5- Receivable Standard with Signal (Cooperative Agreements) i.All maintenance of the EVP Systems must be done by State forces. ii.Emitter units may be installed only on authorized emergency vehicles, as defined in Minnesota Statutes § 169.011, Subdivision 3.Authorized emergency vehicles may use emitter units only when responding to an emergency.The City will provide the State's District Engineer or their designated representative a list of all vehicles with emitter units, if requested by the State. iii.Malfunction of the EVP Systems must be reported to the State immediately. iv.In the event the EVP Systems or its components are, in the opinion of the State, being misused or the conditions set forth in Paragraph ii. above are violated, and such misuse or violation continues after the City receives written notice from the State, the State may remove the EVP Systems.Upon removal of the EVP Systems pursuant to this Paragraph, all of its parts and components become the property of the State. v.All timing of the EVP Systems will be determined by the State. 4.3.Right-of-Way Access. Each party authorizes the other party to enter upon their respective public right-of-way to perform the maintenance activities described in this Agreement. 4.4.Related Agreements. This Agreement will supersede and terminate the operation and maintenance terms of any previous agreements between the parties for the Signal Systems at the intersections of TH 55 and Pleasant Drive and TH 55 and Westview Drive. 5.Basis of City Cost 5.1.Schedule "I".The Preliminary Schedule "I"includes anticipated City participation construction items, State Furnished Materials lump sum amounts,and the construction engineering cost share covered under this Agreement and is based on engineer's estimated unit prices. 5.2.City Participation Construction. The City will participate in the following at the percentages indicated.The construction includes the City's proportionate share of item costs for mobilization and traffic control. A.100 Percent will be the City's rate of cost participation in all of the municipal utility and lighting construction as shown on Sheet 3 of the Preliminary Schedule "I". B.100 Percent will be the City's rate of cost participation in all of the traffic control signal system construction as shown on Sheet 2 of the Preliminary Schedule "I". 5.3.State Furnished Materials. The State will furnish cabinets, video detection systems, and PTZ cameras ("State Furnished Materials"), according to the Project Plans, to operate the traffic control signal systems covered under this Agreement.The City's lump sum share for State Furnished Materials is $95,942.44.The City's cost share for State Furnished Materials will be added to the City's total construction cost share as shown in the Schedule "I". 5.4.Construction Engineering Costs.The City will pay a construction engineering charge equal to 8 percent of the total City participation construction costs covered under this Agreement. 5.5.Plan Changes, Additional Construction, Etc.The City will share in the costs of construction contract addenda and change orders that are necessary to complete the City participation construction activities covered under this Agreement,including any City requested additional work and plan changes. The State reserves the right to invoice the City for the cost of any additional City requested work and plan changes, construction contract addenda, change orders,and associated construction engineering before the completion of the contract construction. VIII-10 MnDOT Contract: 1056949 -6- Receivable Standard with Signal (Cooperative Agreements) 5.6.Liquidated Damages. All liquidated damages assessed the State's contractor in connection with the construction contract will result in a credit shared by each party in the same proportion as their total construction cost share covered under this Agreement is to the total contract construction cost before any deduction for liquidated damages. 6.City Cost and Payment by the City 6.1.City Cost. $616,305.15 is the City's estimated share of the costs of the contract construction, State Furnished Materials and the 8 percent construction engineering cost share as shown in the Preliminary Schedule "I".The Preliminary Schedule "I"was prepared using anticipated construction items and estimated quantities and unit prices and may include any credits or lump sum costs.Upon award of the construction contract,the State will prepare a Revised Schedule "I"based on construction contract construction items, quantities, and unit prices, which will replace and supersede the Preliminary Schedule "I"as part of this Agreement. 6.2.Conditions of Payment. The City will pay the State the City's total estimated construction and construction engineering cost share, as shown in the Revised Schedule "I", after the following conditions have been met: A.Execution of this Agreement and transmittal to the City, including a copy of the Revised Schedule "I". B.The City's receipt of a written request from the State for the advancement of funds. 6.3.Acceptance of the City's Cost and Completed Construction. The computation by the State of the amount due from the City will be final, binding and conclusive.Acceptance by the State of the completed contract construction will be final, binding,and conclusive upon the City as to the satisfactory completion of the contract construction. 6.4.Final Payment by the City. Upon completion of all contract construction and upon computation of the final amount due the State's contractor, the State will prepare a Final Schedule "I"and submit a copy to the City.The Final Schedule "I"will be based on final quantities, and include all City participation construction items and the construction engineering cost share covered under this Agreement.If the final cost of the City participation construction exceeds the amount of funds advanced by the City, the City will pay the difference to the State without interest.If the final cost of the City participation construction is less than the amount of funds advanced by the City, the State will refund the difference to the City without interest. The State and the City waive claims for any payments or refunds less than $5.00 according to Minnesota Statutes § 15.415. 7.Authorized Representatives Each party's Authorized Representative is responsible for administering this Agreement and is authorized to give and receive any notice or demand required or permitted by this Agreement. 7.1.The State's Authorized Representative will be: Name, Title: Malaki Ruranika, Cooperative Agreements Engineer (or successor) Address: 395 John Ireland Boulevard, Mailstop 682, Saint Paul, MN 55155 Telephone: (651) 366-4634 Email: malaki.ruranika@state.mn.us VIII-10 MnDOT Contract: 1056949 -7- Receivable Standard with Signal (Cooperative Agreements) 7.2.The City's Authorized Representative will be: Name, Title: Dan Wietecha, City Administrator (or successor) Address: 101 4th Street East, Hastings, MN 55033 Telephone: (651) 480-2326 Email: dwietecha@hastingsmn.gov 8.Assignment; Amendments; Waiver; Contract Complete 8.1.Assignment. No party may assign or transfer any rights or obligations under this Agreement without the prior consent of the other party and a written assignment agreement, executed and approved by the same parties who executed and approved this Agreement, or their successors in office.The foregoing does not prohibit the City from contracting with a third-party to perform City maintenance responsibilities covered under this Agreement. 8.2.Amendments. Any amendment to this 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 Agreement, or their successors in office. 8.3.Waiver. If a party fails to enforce any provision of this Agreement, that failure does not waive the provision or the party's right to subsequently enforce it. 8.4.Contract Complete. This Agreement contains all prior negotiations and agreements between the State and the City. No other understanding regarding this Agreement, whether written or oral, may be used to bind either party. 9.Liability; Worker Compensation Claims 9.1.Each party is responsible for its own acts, omissions and the results thereof to the extent authorized by law and will not be responsible for the acts and omissions of others and the results thereof.Minnesota Statutes §3.736 and other applicable law govern liability of the State.Minnesota Statutes Chapter 466 and other applicable law govern liability of the City. 9.2.Each party is responsible for its own employees for any claims arising under the Workers Compensation Act. 10.Nondiscrimination Provisions of Minnesota Statutes § 181.59 and of any applicable law relating to civil rights and discrimination are considered part of this Agreement. 11.State Audits Under Minnesota Statutes § 16C.05, subdivision 5, the City's books, records, documents, accounting procedures, and practices relevant to this Agreement are subject to examination by the State and the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this Agreement. 12.Government Data Practices The City and State must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided under this Agreement, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the City under this Agreement. The civil remedies of Minnesota Statutes §13.08 apply to the release of the data referred to in this clause by either the City or the State. VIII-10 MnDOT Contract: 1056949 -8- Receivable Standard with Signal (Cooperative Agreements) 13.Governing Law; Jurisdiction; Venue Minnesota law governs the validity, interpretation,and enforcement of this Agreement.Venue for all legal proceedings arising out of this Agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 14.Termination; Suspension 14.1.By Mutual Agreement. This Agreement may be terminated by mutual agreement of the parties. 14.2.Termination for Insufficient Funding. The State may immediately terminate this Agreement if it does not obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued at a level sufficient to allow for the performance of contract construction under the Project. Termination must be by written or fax notice to the City. 14.3.Suspension.In the event of a total or partial government shutdown, the State may suspend this Agreement and all work, activities,and performance of work authorized through this Agreement. 15.Force Majeure No party will be responsible to the other for a failure to perform under this Agreement (or a delay in performance) if such failure or delay is due to a force majeure event.A force majeure event is an event beyond a party's reasonable control, including but not limited to, unusually severe weather, fire, floods, other acts of God, labor disputes, acts of war or terrorism, or public health emergencies. [The remainder of this page has been intentionally left blank.] VIII-10 MnDOT Contract: 1056949 -9- Receivable Standard with Signal (Cooperative Agreements) CITY OF HASTINGS The undersigned certify that they have lawfully executed this contract on behalf of the Governmental Unit as required by applicable charter provisions, resolutions, or ordinances. By: Title: Date: By: Title: Date: DEPARTMENT OF TRANSPORTATION Recommended for Approval: By: (District Engineer) Date: Approved: By: (State Design Engineer) Date: COMMISSIONER OF ADMINISTRATION By: (With Delegated Authority) Date: INCLUDE COPY OF RESOLUTION APPROVING THE AGREEMENT AND AUTHORIZING ITS EXECUTION. VIII-10 PRELIMINARY SCHEDULE "I" Agreement 1056949 City of Hastings SP 1910-57 Preliminary: February 18, 2025 SAP 130-010-015 Federal Project NHPP 0055(322) Grading, bituminous surfacing, ADA improvements, and signals construction located on TH 55 at Pleasant Drive and at Westview Drive to start approximately June 9, 2025 underState Contract ____ with ____ CITY COST PARTICIPATION SP 1910-57 Work Items From Sheet 2 24,707.17 SAP 130-101-015 Work Items From Sheet 3 450,003.31 State Furnished Materials From Sheet 3 95,942.44 Subtotal $570,652.92 Construction Engineering (8%)45,652.23 (1)Total City Cost $616,305.15 (1) Amount of advance payment as described in Article 6 of the Agreement (estimated amount) Data is considered Non-public prior to project award under the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13.- 1 - VIII-10 1056949(1) 100% CITY FUNDS ITEM SP 1910-57 UNIT QUANTITY UNIT PRICE COST NUMBER WORK ITEM (1) 2021.501 MOBILIZATION LUMP SUM 0.01 135,383.71 1,353.84 2104.502 REMOVE LIGHT FOUNDATION EACH 1.00 390.68 390.68 2104.503 REMOVE SEWER PIPE (STORM)LIN FT 10.00 23.58 235.80 2104.503 REMOVE DIRECT BURIED LIGHTING CABLE LIN FT 900.00 1.40 1,260.00 2503.503 18" RC PIPE SEWER DESIGN 3006 CLASS III LIN FT 10.00 97.42 974.20 2503.602 CONNECT TO EXISTING STORM SEWER EACH 1.00 1,157.60 1,157.60 2503.602 CONNECT INTO EXISTING DRAINAGE STRUCTURE EACH 1.00 1,498.05 1,498.05 2506.602 CONCRETE COLLAR EACH 1.00 1,195.83 1,195.83 2545.502 UNDERGROUND CABLE SPLICE EACH 3.00 307.64 922.92 2545.502 HANDHOLE EACH 1.00 2,169.42 2,169.42 2545.503 2" NON-METALLIC CONDUIT LIN FT 300.00 7.67 2,301.00 2545.503 2" NON-METALLIC CONDUIT (DIRECTIONAL BORE)LIN FT 100.00 17.62 1,762.00 2545.503 UNDERGROUND WIRE 1/C 4 AWG LIN FT 1,400.00 2.76 3,864.00 2545.503 DIRECT BURIED LIGHTING CABLE 4/C 4 AWG LIN FT 300.00 11.86 3,558.00 2545.602 ADJUST HANDHOLE EACH 2.00 703.72 1,407.44 2563.601 TRAFFIC CONTROL LUMP SUM 0.01 65,638.56 656.39 TOTAL 24,707.17 (1)100% CITY 24,707.17 Data is considered Non-public prior to project award under the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13.- 2 - VIII-10 1056949(2) 100% CITY (STATE AID) FUNDS ITEM SAP 130-010-015 UNIT QUANTITY UNIT PRICE COST NUMBER WORK ITEM (2) 2021.501 MOBILIZATION LUMP SUM 0.21 135,383.71 28,430.58 2563.601 TRAFFIC CONTROL LUMP SUM 0.21 65,638.56 13,784.10 2565.501 EMERGENCY VEHICLE PREEMPTION SYSTEM A LUMP SUM 0.50 11,695.34 5,847.67 2565.501 EMERGENCY VEHICLE PREEMPTION SYSTEM B LUMP SUM 0.50 11,957.09 5,978.55 2565.516 TRAFFIC CONTROL SIGNAL SYSTEM A SYSTEM 0.50 416,804.29 208,402.15 2565.516 TRAFFIC CONTROL SIGNAL SYSTEM B SYSTEM 0.50 375,120.51 187,560.26 TOTAL 450,003.31 (2)100% CITY (STATE AID)450,003.31 (3) 50% STATE, 50% CITY (STATE AID) FUNDS ITEM SAP 130-010-015 UNIT QUANTITY UNIT PRICE COST NUMBER WORK ITEM (3) ATC CABINET 350 EACH 2.00 58,841.46 117,682.92 GRIDSMART VIDEO DETECTION SYSTEM (INCLD. 1 CAMERA)EACH 2.00 25,354.12 50,708.24 ADDITIONAL GRIDSMART CAMERA EACH 2.00 6,539.50 13,079.00 PTZ CAMERA EACH 2.00 5,207.36 10,414.72 TOTAL 191,884.88 (3)50% STATE 95,942.44 50% CITY (STATE AID)95,942.44 *** LUMP SUM AMOUNT *** Data is considered Non-public prior to project award under the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13.- 3 - VIII-10 City Council Memorandum To:Mayor Fasbender and City Council From:John Hinzman, Community Development Director Date:March 17, 2025 Item:Authorize Signature: Local Affordable Housing Aid (LAHA) Agreement –Dakota CDA Action Requested: Authorize signature of the attached Local Affordable Housing Aid (LAHA) Agreement establishing the terms and conditions for the Dakota County Community Development Agency (CDA)to administer LAHA funds. On October 21, 2024 the City Council adopted a resolution approving CDA to administer LAHA funding for a Home Improvement Loan Program and Radon Testing and Mitigation Grant Program until December 31, 2027. A simple majority of Council is necessary for action. LAHA: In 2024, Metro Area counties and cities began to receive two installments of sales tax dollars that are dedicated to constructing, maintaining, and providing affordable housing options. Two annual payments are scheduled for July 20th and December 26th. The funding comes from a 0.25% sales tax and the amount distributed to each county and city is determined by a “distribution factor”. The City’s distribution factor is 0.7257% of the total revenue from that tax. The total 2024 payment is estimated to be $114,387.44 which represents tax revenue collected for five months between October and February. The annual amount in forthcoming years will be higher. Funds must be spent by December 31 of the fourth year that the aid was received. Dakota County CDA: The CDA currently provides several housing programs and aid for communities within the County including Hastings. Programs identified by the CDA for potential use of the City’s LAHA dollars are summarized below. Home Improvement Loan Program Purpose: “Provide low-and moderate-income households the means to maintain the safety and integrity of existing homes, to remove architectural barriers in homes to allow independent living for the handicapped, and to reduce lead-based paint hazards.” •Program started early 1980s •Current program: 0% interest, deferred loan to qualified low-and moderate-income homeowners o Max loan = $35,000 o Min loan = $15,000 •Loan payable when property homeowner no longer occupies, sold, refinanced o CDA puts 30-year mortgage against property to retain legal rights •Repayment is required Radon Mitigation Grant •Pair with Enhanced Home Improvement Loan Program •HUD now requires radon testing for all federally funded programs o Radon mitigation required if test is over 4 pCi/L o Dakota County has higher than average radon, many homes over the limit •~$3,000-$3,500 for testing and mitigation system Attachments: •Resolution Approving Dakota CDA to Administer Funds •LAHA Agreement VIII-11 HASTINGS CITY COUNCIL RESOLUTION NO. ________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS APPROVING THE DAKOTA COUNTY COMMUNITY DEVELOPMENT AGENCY TO ADMINISTER CITY LOCAL AFFORDABLE HOUSING AID FUNDS WHEREAS, the City of Hastings is a recipient of newly created sales taxed-funded Local Affordable Housing Aid (LAHA) dollars from the State of Minnesota; and WHEREAS,the purpose of LAHA is to develop and preserve affordable housing and help persons experience homelessness find housing; and WHEREAS,the City’s first annual allocation of LAHA funds were received in 2024; and WHEREAS, the City has three years to commit the funding (no later than December 31 of the third year) and must spend the funds by December 31st of the fourth year; and WHEREAS, if the City’s LAHA funds are not committed or spent the in the required timeframe, funds will be returned to Minnesota Housing Finance Agency for statewide housing needs; and WHEREAS,the Dakota County Community Development Agency (CDA) is the housing and economic development authority for the County that has well established, successful housing programs that are LAHA eligible; and WHEREAS,the CDA has formally requested to partner with the City (and other Dakota County communities) on the administration of LAHA funds for two CDA programs: 1) the Home Improvement Loan Program, and 2) the Radon Mitigation Grant Program (together “the Programs”); and WHEREAS, the CDA has requested a formal response from the City by December 2, 2024, on whether the City agrees to partner with the CDA on the administration of the City’s LAHA funds and the allocation of those funds on the Programs. NOW THEREFORE BE IT RESOLVED by HEDRA hereby approves the following: 1.The Dakota County CDA is designated as the entity to carry out certain administrative duties related to the local Affordable Housing Aid (LAHA) program on behalf of the City of Hastings, subject to a future joint power agreement to be executed between the two parties 2.The City wishes to commit its entire LAHA funds for an initial period of three years, ending December 31, 2027 3.The City wishes to allocate its LAHA funds to two CDA programs in the minimum percentages listed below: i.Home Improvement Loan Program, 50% ii.Radon Mitigation Grant Program, 25% 4.HEDRA is authorized to execute the joint powers agreement related to partnership with the Dakota County CDA ADOPTED BY THE HASTINGS CITY COUNCIL THIS 21ST DAY OF OCTOBER 2024 10-16-24 Kelly Murtaugh,City Clerk Mary Fasbender,Mayor VIII-11 LOCAL AFFORDABLE HOUSING AID AGREEMENT between CITY of HASTINGS and DAKOTA COUNTY COMMUNITY DEVELOPMENT AGENCY THIS LOCAL AFFORDABLE HOUSING AID AGREEMENT (the “Agreement”) is entered into as of the ________ day of , 2025 by and between the City of Hastings,Minnesota (the “City”), 101 East 4th Street, Hastings, Minnesota 55033, a municipal corporation and political subdivision of the state of Minnesota, and the Dakota County Community Development Agency (the “CDA”), 1228 Town Centre Drive, Eagan, Minnesota 55123, a public body politic and corporate; also referred to as “Party” or “Parties.” WHEREAS, the State of Minnesota created Local Affordable Housing Aid (“LAHA”) under Minnesota Statutes, Section 477A.35, as may be amended, which established distributions to metropolitan area counties and tier I cities located in a metropolitan county for qualifying projects as defined in Section 477A.35, subd. 4 (“Qualifying Projects”). WHEREAS, the City desires to engage the CDA to receive the City’s LAHA funds and administer Qualifying Projects on behalf of the City. WHEREAS,the CDA desires to serve in this role with its experience in and staffing of housing finance, preservation, and development. NOW, THEREFORE, in consideration of the mutual covenants and promises contained in this Agreement, the sufficiency is hereby acknowledged, it is agreed by and between the Parties as follows: 1.TERM. This Agreement shall commence as of the date written above and shall continue until all duties are fulfilled, unless sooner terminated under the terms of the Agreement. 2.DUTIES OF THE CDA. 2.1 Authorized to Act on Behalf of the City.The CDA shall act as the agent for the City to administer LAHA funds according to state statutes, laws, and rules.The CDA shall assume all duties and obligations that would otherwise be imposed upon the City, specifically: a.Spending the funds received under this Agreement on Qualifying Projects, including disbursements to the CDA, eligible individuals and subrecipients, as well as to contractors, affordable housing developers, and vendors, all after determining that the use meets all requirements of Qualifying Projects. 2 b.Maintaining complete and accurate records of funds received and all disbursements. c.Ensuring timely expenditure of LAHA funds by December 31 in the fourth year following the allocation of the funds by the Minnesota Department of Revenue. If funds cannot be spent on Qualifying Projects by the deadline due to factors outside of the control of the CDA, the CDA will work with the City to transfer funds to a local housing trust fund. d.Preparing an annual report, as required starting December 1, 2025, under Minnesota Statutes, Section 477A.35, subd. 6(b). 2.2 Compliance.The CDA shall comply with all applicable state and local LAHA requirements. 2.3 Identification and Use of LAHA Funds. a.All LAHA funds received and expended under this Agreement will be spent solely on Qualifying Projects defined under Minnesota Statutes, Section 477A.35, subd. 4. b.CDA will be responsible for the administration of those Qualifying Projects identified in Exhibit A, in a manner satisfactory to the City and consistent with any required standards. 3.USE OF FUNDS. 3.1 Qualifying Projects. Per Minnesota Statutes, Section 477A.35, a broad list of LAHA uses are defined as Qualifying Projects. The CDA has offered to administer on behalf of the City the LAHA collaboration Qualifying Projects identified in Exhibit A.Exhibit A will be amended if there are changes to the list of Qualifying Projects in Minnesota Statutes or the CDA and the City agree to changes in the Qualifying Projects. 3.2 Allocation of LAHA Funds to CDA. The City will annually take formal action by resolution to allocate LAHA funds to the CDA for one, two, or all LAHA collaboration Qualifying Projects. These changes will be reflected in Exhibit B, which the CDA will update annually and deliver to the City. The CDA reserves the right to update the adjustment of the LAHA collaboration Qualifying Projects, as needed, including ongoing activities from previous fiscal years. 4.TRANSFER OF FUNDS. 4.1 Transfer by the City.The City shall transfer the LAHA funds received from the State to the CDA. Upon receipt of the annual authorizing City resolution, the CDA will submit a written request for the LAHA funds to the City. The 3 Parties shall cooperate and mutually agree upon the amount, timing,and transfer of LAHA funds to the CDA. 4.2 Retention of Funds.The CDA shall deposit and maintain the LAHA funds received under this Agreement in a separate internal account. The CDA shall maintain appropriate records of LAHA funds.The CDA shall administer and disburse all LAHA funds in accordance with this Agreement. 4.3 Program Income. Program income is the gross income received by the CDA that was generated from the use of the City’s LAHA funds. The primary example is the payment of principal on loans made using LAHA funds. Any program income generated from LAHA funds will be classified and distributed based on rules and guidance issued from the State as it becomes available. Any program income on hand at the end of the expiration of this Agreement or received after expiration of this Agreement shall be paid over to the City unless the City and the CDA have entered into subsequent agreements. 4.4 Funding Contingency.The CDA’s obligations under this Agreement are specifically contingent upon the disbursement of LAHA funds by the State and the City’s transfer of LAHA funds to the CDA. 4.5 CDA Expenses.Unless allowable as a Qualifying Project, administrative and salary expenses incurred by the CDA will be paid by the CDA’s special benefit levy and/or program service fees. If/when administrative and salary expenses are eligible, such costs will be assessed proportionally amongst the City and other CDA LAHA collaboration parties. 5.RECORDS AND REPORTS. 5.1 Records. The CDA shall maintain complete and accurate records of LAHA funds received and all disbursements. 5.2 Reports. The CDA shall prepare quarterly progress reports on the Qualifying Projects regarding project pipeline, project start and completion dates, amount spent on Qualifying Projects, and other information as requested. Identifying data for individual clients will be aggregated.The CDA shall prepare the annual report for the City to submit to the Minnesota Housing Finance Agency. 5.3 Access to Records. The CDA agrees to provide the City, its designated auditors, or any of its authorized representatives access to any financial reports, documents, papers, and records of the CDA that are directly pertinent to this Agreement for the purposes of making audits, examinations, excerpts, and transcriptions. 4 5.4 Record Retention. Pursuant to Minnesota Statutes, Section 16C.05, subd.5, Minnesota Statutes, Section 16B.98, subd. 8 and applicable requirements, the CDA shall maintain records under this Agreement for a minimum of six (6) years from the end of this Agreement. 6.INDEMNIFICATION. 6.1 The CDA agrees to hold harmless, indemnify, and defend the City, its officials, agents,and employees against any and all third-party claims of whatever nature, expenses (including attorneys’ fees), losses, damages or lawsuits for damages that arise as a result of the willful misconduct, negligent acts, errors, and/or omissions of the CDA in the performance of this Agreement. 6.2 Nothing in this Agreement (including, but not limited to, indemnification or insurance provisions) shall be deemed a waiver by either Party of the limits of liability set forth in Minnesota Statutes, Section 466.04 or a waiver of any available immunities or defenses. The CDA’s obligation to hold and save harmless in this Agreement shall be limited by the limitations on liability set forth in Minnesota Statutes, Section 466.04, as may be amended from time to time. 6.3 The CDA shall notify the City within five (5) business days of actual receipt of any of the potential claims against the CDA that may arise as a consequence of any of the work or services performed or furnished by the CDA under the terms of this Agreement. 7.TERMINATION.If the CDA materially fails to fulfill its obligations under this Agreement, the City may suspend or terminate this Agreement upon written notice to the CDA specifying the reason for termination.If the Agreement is terminated, the CDA shall pay over any unexpended funds and program income to the City. The CDA shall no longer be responsible for reporting on LAHA funds. 8.DATA PRIVACY.All data collected, created, received, maintained, disseminated, or used for any purposes in the course of the CDA’s performance under this Agreement is governed by the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13 or any other applicable state statutes and any state rules adopted to implement LAHA, as well as state statutes and federal regulations on data privacy. The CDA agrees to abide by these statutes, rules, and regulations as they may be amended. 9.DISPUTE RESOLUTION.In the event that a dispute arises between the Parties as to the interpretation or performance of this Agreement, then upon written request of either Party, representatives with settlement authority for each Party shall meet and confer in good faith to resolve the dispute. If the Parties are unable to resolve the dispute, they shall make every effort to settle the dispute through mediation or other alternative dispute resolution methods. If the Parties are unable 5 to resolve the dispute through these methods, either Party may commence an action in Dakota County District Court. 10.GENERAL PROVISIONS. 10.1 Compliance with Laws. The Parties shall abide by all applicable federal, state, or local laws, statutes, ordinances, rules, and regulations now in effect or hereunder adopted pertaining to activities governed by this Agreement. The CDA shall be responsible for the performance of any contractors unless otherwise agreed in writing. 10.2 Minnesota Law to Govern.This Agreement shall be governed by and construed in accordance with the substantive and procedural laws of the State of Minnesota, without giving effect to the principles of conflict of laws. 10.3 Independent Contractor. The CDA is an independent contractor and nothing herein shall be construed to create the relationship of employer and employee or joint venture between the City and the CDA. The CDA shall at all times be free to exercise initiative, judgment,and discretion as to how best to provide the services pursuant to this Agreement. The CDA acknowledges and agrees that the CDA is not entitled to receive any of the benefits received by City employees and is not eligible for workers or reemployment compensation benefits. 10.4 Modifications.Any alternations, variations, modifications,or waivers of the provisions of this Agreement shall only be valid when they have been reduced to writing and signed by authorized representatives of the Parties. 10.5 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 or enforceability of the remainder of this Agreement unless the part or parts which are void, invalid, or otherwise unenforceable shall substantially impair the value of the entire Agreement with respect to either Party. 10.6 Survival of Terms.The following components of this Agreement will survive the termination or expiration of this Agreement:4.4, 5.1, 5.2, 5.3, 6, 7, and 8. 10.7 Assignment.Neither Party may assign any interest in this Agreement without prior written consent of the other Party. Any non-approved transfer, assignment or conveyance shall be void. 10.8 Certification and Signatures. a.Each Party certifies and warrants that it has the legal authority to enter into and perform under this Agreement and that its governing 6 body has authorized the execution and acceptance of this Agreement. b.Each person executing this Agreement on behalf of a Party certifies and warrants that such person is duly and validly authorized to legally execute and bind the Party to the terms of this Agreement. c.The Parties agree that electronic signatures to this Agreement shall be as valid as original signatures of the Parties and shall be effective to bind the Parties to this Agreement. 10.9 Rights and Remedies.All rights and remedies available to either the City or the CDA under the terms of this Agreement or by law are cumulative and may be exercised concurrently or separately, and the exercise of any one remedy shall not be deemed an election of such remedy to the exclusion of other remedies. 10.10 Notices.Notices required to be provided pursuant to this Agreement shall be provided to the following named persons and address unless otherwise stated in this Agreement or in an amendment to this Agreement. 10.11 Liaison.To assist the Parties in the day-to-day performance of this Agreement, liaisons shall be designated by the City and the CDA. The Parties shall keep each other continually informed. At the time of the execution of this Agreement, the following persons are the designated liaisons: For the City: John Hinzman, Community Development Director 101 East 4th Street Hastings, MN 55033 jhinzman@hastingsmn.gov (651) 480-2378 For the CDA: Lisa Alfson Director of Community & Economic Development 1228 Town Centre Drive Eagan, MN 55123 lalfson@dakotacda.org (651) 657-4467 7 IN TESTIMONY WHEREOF, the Parties hereto have caused these presents to be executed. City of Hastings, Minnesota By:Dated: By:Dated: Dakota County Community Development Agency By:Dated: Chair, Board of Commissioners By:Dated: Executive Director 8 EXHIBIT A TO SUBRECIPIENT AGREEMENT DAKOTA COUNTY COMMUNITY DEVELOPMENT AGENCY (CDA) AND THE CITY OF HASTINGS (City) Local Affordable Housing Aid (LAHA) funds will be committed to the following Qualifying Projects. CDA has offered to administer the following LAHA Collaboration Qualifying Projects on behalf of the City. 1.Expanded Single-Family Home Improvement Loan Program. Increase the number of loans made through the CDA’s Home Improvement Loan Program, which provides zero percent, deferred loans up to $35,000 for home improvement projects that prioritize health, safety, and structural integrity concerns. LAHA funds will be administered in accordance with the Home Improvement Loan Program policy and procedures handbook, as periodically amended. Households at or below 80% of the Area Median Income (AMI) will be prioritized. If/when there are no priority households on the waiting list to be served, the CDA will then consider serving households above 80% AMI to the maximum LAHA income limit of 115% AMI. 2.Radon Testing and Mitigation Grant Program. This grant program will provide free testing services to clients of the CDA’s Home Improvement Loan Program and will provide free mitigation systems for those clients whose homes have radon levels exceeding allowable levels, as determined by the US Environmental Protection Agency. The CDA will discuss with City the expansion of the program to other eligible homeowners if there is interest and CDA staff capacity. As the Home Improvement Loan Program and the Radon Testing and Mitigation Grant Program serve the same clients, the CDA reserves the right to combine the funding for these two programs into one account to best serve the needs of clients. 3.Residential Preservation and New Construction Gap Financing Program. This program will expand the existing CDA-administered gap financing resources for affordable residential multi-family and single-family preservation and new construction. The CDA will work with the City to identify potential projects that need gap financing. 9 EXHIBIT B TO SUBRECIPIENT AGREEMENT DAKOTA COUNTY COMMUNITY DEVELOPMENT AGENCY (CDA) AND THE CITY OF HASTINGS Local Affordable Housing Aid (LAHA) funds will be committed to the following Qualifying Projects. Exhibit B will be amended on an annual basis, or as needed, through the term of this Agreement. CURRENT YEAR ALLOCATION –2024 All funds must be committed by December 31, 2027, and fully expended by December 31, 2028 ➢Qualifying Project 1: HOME IMPROVEMENT LOAN PROGRAM –Administered by CDA •Description:The Home Improvement Loan Program assists low and moderate- income homeowners in improving and maintaining their homes in a decent, safe, and sanitary condition. The program offers deferred loans up to $35,000 with zero percent interest rates to homeowners earning 115 percent or below area median income, and prioritizing homeowners with incomes at or below 80 percent area median income. •Schedule:Ongoing •Budget:$57,193.72 (50 percent of City’s certified total LAHA amount) ➢Qualifying Project 2: RADON TESTING AND MITIGATION GRANT PROGRAM – Administered by CDA •Description:The Radon Testing and Mitigation Grant Program assists clients of the Home Improvement Loan Program with free radon testing and installation of a mitigation system, if needed. Clients will receive free radon tests to be performed by professional radon testing providers. Clients whose homes have radon levels greater than 4.0 pCi/L (picocuries of radon per liter of air) will receive a mitigation system. Every effort will be made to ensure the radon levels in the subject homes post-mitigation will not exceed 2.0 pCi/L. •Schedule:Ongoing •Budget:$28,596.86 (25 percent of City’s certified total LAHA amount) City Council Memorandum To:Mayor Fasbender & City Councilmembers From:Paige Marschall Bigler, Recreation Program Specialist Date:March 17, 2025 Item:Special Event Designation –Run for the Roses 5k & Family Day Council Action Requested: Designate the Run for the Roses 5k & Family Day as Special Events with the following conditions recommended by City staff. Background Information: This Old Horse, Inc. is planning to host their 5k and Family Day at Levee Park and the Mississippi River Trail (MRT)on Saturday, May 3rd,10:00 AM –2:00 PM. The event will start with the 5k on the MRT and end with activities, vendors, and awards at Levee Park. Event organizers anticipate 200 attendees. This is the first year they will host their event in downtown Hastings. General Conditions: •All vendors must obtain a vendor license at least 10 business days before the event; the cost of the licensure is the responsibility of the event organizer or vendor. Licenses can be obtained on the City of Hastings Website and submitted to the Deputy City Clerk. •The event organizer must obtain a Dakota County Trail Permit for use of the Mississippi River Trail (MRT) through Dakota County Parks before the event. The trail must stay open for general public use. •Event Organizers must submit a Certificate of Insurance naming the City of Hastings as an additional insured. •Levee Park restrooms will be cleaned and stocked Saturday morning by Parks Department Staff. Restrooms are on an automated timer and are unlocked 7:00 a.m. –10:00 p.m. daily unless an issue arises. •Event organizers are required to work with a portable bathroom vendor to alleviate the overuse of indoor facilities at Levee Park. •Event organizers are required to work with a trash and recycling hauler to provide containers onsite. Containers must be paired side-by-side and visually labeled as trash and recycling. All waste generated from the event must be hauled off-site. •Any tents must be anchored with weights. No stakes due to underground irrigation and bedrock. •Decorations must be adhered with rope, zip ties, or other materials that do not leave marks on the facilities. •No unauthorized vehicles on city trails or parked in Levee Park VIII-12 •All event supplies and equipment must be removed by event organizers directly following the end of their event. •Event organizers agree the site will be left in at least the condition it was pre-event. •Any other reasonable conditions as determined by staff to ensure a successful and safe event. Financial Impact: This event, although requesting a designation as a Special Event, will also be subject to a Park Rental Fee by the City’s fee schedule for exclusive use of areas. •Rotary Pavilion, Amphitheater and surrounding area: $370.00 Advisory Commission Discussion: n/a Council Committee Discussion: n/a Attachments: ▪Run for the Roses Special Event Application ▪Run for the Roses Map & Route VIII-12 Special Event Permit Application Page 1 of 10 Special Event Permit Application Parks & Recreation Department 920 10th Street West Hastings, MN 55033 651-480-6175 A Special Event Permit is required for events who wish to exclusively use City Property and/or require City services to ensure safety and coordination. A Special Event is defined as any race, concert, community celebration, fundraiser, dance, car show, large assembly, or other Special Event on City property that has received City Council approval. Please see our Special Event Policy for additional information at www.hastingsmn.gov APPLICATION CHECKLIST: Application must be submitted at least sixty (60) days prior to the event. It is our goal to provide event organizers guidance in planning safe and successful events. Special Event Permit Application Site Map of Proposed Areas of Impact ▪Run/Walk Routes, Parade Routes, Downtown Event, Concert/Performance Staging, etc. Certificate of Insurance ▪Please see section regarding insurance on page 8. APPLICATION PROCESS: Submit the completed application packet to the Parks & Recreation Department. Allow 14 business days after application has been received for review. If additional information is required, the applicant will be contacted by City Staff. Once initial review is complete, all supporting documents must be submitted by event organizer. Once all queries are concluded, the application must go before City Council for final approval. Throughout the City Staff review process, the Event Coordinator will work with the Deputy City Clerk for additional required licensing in conjunction with the event. CONTACT INFORMATION: Paige Marschall Bigler,Recreation Programming Specialist pmarschall@hastingsmn.gov 651-480-6182 -Special Event Application -Park Rentals Emily King,Deputy City Clerk eking@hastingsmn.gov 651-480-2343 -Additional Licensing -Mobile Food Units, Temporary Liquor Licensing, Temporary Gambling Licensing, Temporary Vendors VIII-12 Special Event Permit Application Page 2 of 10 Organization Information (if applicable) Organization: Primary Phone Number: Website Address: Event Organizer Name and Title: Mailing Address: Primary Phone Number: Email Address: On-Site Contact: Primary Phone Number: Email Address: General Event Information Event Name: Type of Event: Race/Run/Walk Downtown Event Concert/Performance Fundraiser Other: ______________________________________________________________________________ Event Description in Detail: ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ Is this an annual event? ______ Yes _____ No Is this a multi-day event? ______ Yes _____ No Event Start Date: _________________________ Event End Date: ____________________________ Is the event open to the public or private? Public Private This Old Horse, Inc. 6514371889 www.thisoldhorse.org Jeanne Klein 19025 Coates Blvd., Hastings, MN 55033 612 801 3679 jklein@thisoldhorse.org Jeanne Klein 612 801 3679 jklein@thisoldhorse.org Run for the Roses 5k and Family Day Kentucky Derby- themed 5k walk/ run with an 'infield' social activity area for vendors, games, awards , etc. 5/3/25 5/3/25 VIII-12 Special Event Permit Application Page 3 of 10 Is there an admission fee? ______ Yes ______ No What is the anticipated attendance? What was the previous year’s attendance? Where will the event be located? ___________________________________________________________________________________________ ___________________________________________________________________________________________ A Park Rental Permit is required for events located within a City Park. Contact the City of Hastings Parks and Recreation Department for park facility availability information: 651-480-6175. Event Set-Up and Tear Down How many days will your organization require to: Set-Up: ____________ Tear Down: _____________ Event Set-Up Date: __________________________Event Set-Up Time: __________ to ___________ Event Start Date: ____________________________Event Start Time: _______________ Event End Date: ____________________________Event End Time: _______________ Event Tear Down Date: ______________________Event Tear Down Time: _________ to __________ Staging Details The following items will be used at the event (please mark all that apply): Amplified Sound / Music / Live Entertainment Tents/Canopies Stage(s) Parking Details Please describe Public Parking Arrangements for attendees, staff & volunteers. (Please indicate location(s) on Site Plan / Map) __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ Other ____________________________________________________________________________ If any of the above items will be used, please indicate their location on your attached Site Plan / Map. Use of the above items may require the Event Organizer to meet ADA Regulations. VIII-12 Special Event Permit Application Page 4 of 10 Portable Restrooms Event Organizers are responsible for the event cleaning of existing on-site portable restrooms as well as the rental and fees associated of any additional portable restrooms and/or hand-washing stations with a vendor of their choice to support their event. Use of these items may require the Event Organizers to meet ADA Regulations. (Please indicate locations(s) of portable restrooms on Site Plan / Map) Company Name: Contact Phone Number & Email: Waste Removal Company Name: Contact Phone Number & Email: Organics 1.Will the event have at least 300 attendees?______ Yes ______ No 2.Will the event generate at least 1 ton (8 cubic yards) of trash per location (e.g. each sporting tournament location?)?______ Yes ______ No 3.Will the event generate food scraps back-of-house (e.g. non-public food-prep areas)?______ Yes ______ No What will vendors use for back-of-house food scraps collection? Dakota County has collection resources available. How are food scraps collected from vendors for delivery to an organics facility? If yes to all three organics criteria, the event is required to collect food scraps. Please contact the Solid Waste & Recycling Coordinator, Violet Penman, violet.penman@rosemountmn.gov or 612-268-9097 to discuss the following: Event Organizers are responsible for arranging the removal of all waste related to the event and related fees. This includes but is not limited to, emptying of trash bins and removal of waste from the event site.Event organizers must work with a vendor to support their event.(Please indicate locations(s) of waste removal bins on Site Plan / Map) All paper and cardboard, cartons, glass bottles and jars, metal cans, and plastics labeled #1, #2 and #5 must be properly sorted and recycled. Each trash container must have a recycling container within 10 feet. The City of Hastings has portable recycling and trash containers that can be checked out for free of charge. Please email violet.penman@rosemountmn.gov for more information. Applicant must educate all event staff, volunteers, event vendors, and housekeeping/custodial contractors using the enclosed Recycle Right Guide. VIII-12 Special Event Permit Application Page 5 of 10 Fire Department Services Event Organizers are responsible for coordinating event safety and emergency coverage with the Hastings Fire Department. The Fire Department will determine if and how many fire resources will be required at an event. All Fire Department costs associated with the event are at the responsibility of the event organizer. Event will include tents and/or canopies: Tents and Canopies over 200 square feet Other _______________________________________________________________________ Event will host the use of: Fireworks/Pyrotechnics (a firework display permit is required) Other _______________________________________________________________________ Police Department Services Event Organizers are responsible for coordinating event security and emergency coverage with the Hastings Police Department. The Police Department will determine if and how many police resources will be required at any event. All Police Department costs associated with the event are at the responsibility of the event organizer. Event will require traffic control: Event ingress/egress Street Closures Other _______________________________________________________________________ Notice of Temporary Street Closure The City of Hastings requires that all affected residents/businesses both on adjacent to a proposed street closure be notified of such a street closure. A notification letter may be required to be sent to businesses and residents in the affected event areas. Site Plan / Map Instructions All site plans/maps must be submitted along with the application. •Site plans/maps must include a directional sign showing North, South, East, and West. •Site plans/maps must also include a key showing the use of symbols for people, vehicles, tent(s)/canopies, stage(s), platform(s), barricades, Mobile Food Unit and Vendor staging, Portable Restrooms, Waste Collection, etc. •Site plan/map should also show any proposed signage. VIII-12 Special Event Permit Application Page 6 of 10 Street Closures Please keep in mind that streets/sidewalks must be closed from intersection to intersection; street cannot be closed mid-block. Event Organizer is responsible for posting Temporary ‘No Parking’ signs according to requirements. Please list the streets/sidewalks, from intersection to intersection; you are requesting to close for your event. Your Site Plan/Map must show all streets and closures. Street closures are subject to review and approval by the Hastings Police and Public Works Departments. Space is provided for four (4) entries. If you need more space, please attach an additional sheet of paper with the requested information. (1)Street Name: _________________________________________________________________ From (cross street): ____________________________________________________________ To (cross street): ______________________________________________________________ Type of Closure: Street Closure Sidewalk Closure Closure Start Date: ________________________ Closure Start Time: _______________ Closure End Date: _________________________ Closure End Time: _______________ (2)Street Name: _________________________________________________________________ From (cross street): ____________________________________________________________ To (cross street): ______________________________________________________________ Type of Closure: Street Closure Sidewalk Closure Closure Start Date: ________________________Closure Start Time: _______________ Closure End Date: _________________________ Closure End Time: _______________ (3)Street Name: _________________________________________________________________ From (cross street): ____________________________________________________________ To (cross street): ______________________________________________________________ Type of Closure: Street Closure Sidewalk Closure Closure Start Date: ________________________ Closure Start Time: _______________ Closure End Date: _________________________ Closure End Time: _______________ (4)Street Name: _________________________________________________________________ From (cross street): ____________________________________________________________ To (cross street): ______________________________________________________________ Type of Closure: Street Closure Sidewalk Closure Closure Start Date: ________________________ Closure Start Time: _______________ Closure End Date: _________________________ Closure End Time: _______________ VIII-12 Special Event Permit Application Page 7 of 10 Barricade Equipment Does the Host Organization have its own barricade equipment? Yes No If not, please indicate how the Host Organization will meet all required barricade requirements. *The companies listed below are barricade providers and not recommendations of the City* Host Organization will rent barricade equipment from a private company from the list below. (In alphabetical order) Host Organization will set-up and tear down barricade equipment. Private company will set-up and tear down barricade equipment. Geyer Signal https://www.constructionequipme nt.com/company/geyer-signal-st- cloud-inc Phone: 320-253-9005 4205 Roosevelt Road St. Cloud, MN 56301 Safety Signs of MN https://www.safetysigns- mn.com/ Phone: 952-469-6700 19784 Kenrick Avenue Lakeville, MN 55044 Warning Lites https://www.warninglitesmn.com/ Phone: 612-521-4200 4700 Lyndale Avenue North Minneapolis, MN 55430 Miscellaneous _____The event organizer(s) will be applying to serve intoxicating liquor. ➢Please complete the supplemental form on page 9. _____ The event organizer(s) will be applying for a temporary gambling permit. _____ This event will have vendors selling goods, wares, products, merchandise, etc. _____ This event plans to have a petting zoo, pony rides, etc. ➢Please indicate the location on the Site Map. It will also be required that the event provides a portable hand-washing station. VIII-12 Special Event Permit Application Page 8 of 10 Indemnification Agreement Host Organization and/or Event Organizer agree, in consideration of the granting of this application and Special Event Permit for: ___________________________________ to be held on ______________________________________ Event Name Event Date(s) by ___________________________________ of ____________________________________________ Event Organizer/Primary Applicant Host Organization Host Organization and/or Event Organizer(s) hereby agrees to defend, indemnify and hold harmless the City of Hastings (“City”), and the City’s employees, officers, managers, agents, council members, and volunteers from and against any and all losses, damages, claims for damage, liability, lawsuits, judgement expense and cost(s) however caused, resulting from, arising out of, or in any way related to the Applicant’s event as herein described,from any injury of death to any person or damage to any property including all reasonable costs for investigation and defense thereof (including, but not limited to, attorney fees, costs and expert fees) arising out of or attributed to the issuance of Applicant’s Special Event Permit regardless of where the injury, death, or damage may occur, unless injury, death, or damage is caused by the sole negligence of willful misconduct of the City. Nothing in this Agreement is to be construed as a waiver by the City of any immunities, defenses, or other limitations on liability to which the City is entitled to by law, including, but not limited to, the maximum monetary limits on liability established by Minnesota Statutes, Chapter 466. Host Organization and/or Event Organizer(s), at their sole cost and expense, agrees that it will maintain in full force and effect,for the duration of the event and term of this Agreement, liability insurance with a minimum per occurrence liability limit of $2,000,000. The City must be named as an additional insured on the insurance policy, and the policy must contain a stipulation that the Applicant’s insurer will provide ten (10) days’ prior written notice to the City of a cancellation of the required insurance policy.The insurance shall be carried by a solvent and responsible insurance company that is licensed to do business in the State of Minnesota.A certificate of insurance, signed by the authorized representative of the insurance company, evidencing compliance with the required liability insurance amount must be provided to the City by the Applicant prior to the event.The City reserves the right to modify the insurance requirements at its sole discretion based on the nature and scope of the Applicant’s proposed event. _____________________________ __________________________________ Print Name Title ________________________________ ___________________________________ Signature Date VIII-12 Special Event Permit Application Page 9 of 10 Applicant Agreement Please read each statement. Initialing next to each statement indicates your understanding and agreement ot the statement. _____ Host Organization and/or Event Organizer(s) agrees upon request to provide a Liability Insurance Certificate providing evidence of general liability insurance coverage in a minimum of $1,000,000 combined single limit and a minimum $2,000,000 aggregate limit, If food or non- alcoholic beverages are sold or provided at the event the insurance policy shall also include an endorsement for product liability in an amount not less than $1,000,000. _____ Host Organization and/or Event Organizer(s) agrees, upon request, to submit a Security Plan setting forth the proposed security measures to be taken to protect the health, safety, and welfare of the participants, spectators, bystanders, and passerby. This plan will be reviewed by the Hastings Police Department who may require alterations to the plan. Security measures may include but are not limited to the hiring of Hastings Police Officers at the expense of the Event Organizer. _____ Host Organization and/or Event Organizer(s) agrees, upon request, to provide a copy of their Determination Letter, as issued by the Internal Revenue Service of the United States, if the application is made on behalf of any organization representing iteself as a tax-exempt, non-profit and/or charitable organization. _____ Host Organization and/or Event Organizer(s) agrees to notify all residents and businesses that will be affected by street/sidewalk closures and/or amplified sound. _____ Host Organization and/or Event Organizer(s) agree to supply ‘No Parking’ signs, barricades, cones, and/or warning signs and to situtate them in such a position that the street closure may be maintained in a safe and orderly manner. _____Host Organization and/or Event Organizer(s) agree to work with City Staff to ensure appropriate licensure is completed for the event including: Park Rental(s), Mobile Food Units, Vendors, Intoxicating Liquor, Temporary Gambling, etc. _____ Host Organization and/or Event Organizer(s) agree that any false statement or material misrepresentation made in support of this application and permit is cause for denial of issuance of a Special Event Permit. Applicant also agrees that failure to adhere to the policies and procedures established by the City of Hastings or any conditions or restrictions imposed upon the permit by the City of Hastings, is cause for revocation of the Special Event Permit. By signing below, Host Organization and/or Event Organizer indicate understanding and agreement to the above statements. ________________________________________________________________ Print Name Title ________________________________________________________________ Signature Date VIII-12 Special Event Permit Application Page 10 of 10 SUPPLEMENTAL INTOXICATING LIQUOR FORM PLEASE COMPLETE IF INTOXICATING LIQUOR WILL BE SERVED AT THE EVENT Intoxicating Liquor (please check one) An establishment within the City of Hastings holding an active Caterer’s Permit will be providing and serving liquor. -The establishment must provide a current copy of their certificate of insurance including sales off premises. The City of Hastings must be listed as additional insured. -Please note if an establishment plans to serve liquor under their caterer’s permit, they must also serve food at the event. Establishment / Permit Holder: __________________________________________________ A Temporary Intoxicating Liquor License will be requested. -Only issued to charitable, religious, or nonprofit organizations in existence for at least three (3) years. -Application must be submitted at least 60 –days prior to the event. -Must be approved by City Council. -Liquor Liability insurance is required. Additional information listed below. Special Event Liquor License Requirements 1.Area. Alcohol may be served by the Applicant within the Premises, at a location designated on the site map attached to the application. Liquor shall be confined to a specified area and the applicant must provide delineation and signage stating “No Alcohol Beyond This Point” between the specified area and the additional event space to discourage taking alcohol outside of the specified area. 2.Compliance Inspection.The applicant acknowledges that as a liquor license holder for the event, it is subject to Hastings City Code §111.13, subd. B, subd. 6, which authorizes that all premises from which intoxicating liquor is offered at on-salt, are subject to inspection for alcohol compliance by any peace officers or health officers. 3.Identification Bracelets. The applicant shall provide at no charge liquor identification bracelets in the area as required by City Staff. The applicant will permit no one to consume liquor unless they are wearing an identification bracelet, and will be responsible for the issuance of bracelets. The bracelets will be issued only to those who are legally entitled to consume intoxicating liquor. 4.Insurance. The City requires any function selling / serving intoxicating liquor through a temporary liquor license must provide Liquor Liablity insurance for the day(s) of the event in the form and amounts as required by M.S. §340A. Proof of insurance must include the use of the facility or any parking lot used for alcohol service.The certificate must list the City of Hastings as an additional insured. 5.Law Enforcement Officer. The Police Department will determine if and how many police resources will be required at any event. All Police Department costs associated with the event are at the responsibility of the event organizer. 6.Exclusions. Glass beverage containers are not allowed within City Parks. VIII-12 5k Trail Route Hastings;Regina... DISTANCE 5.00 km Help ® Mississippi R'' US Lock and Dam ’^^^Lake'Rebecca Park’ VIII-12 VIII-12 City Council Memorandum To:Mayor Fasbender &City Councilmembers From:Chris Eitemiller,Finance Manager Date:March 17, 2025 Item:2024 Parks Budget Amendments Council Action Requested: Staff requests Council approval to create 2024 budget adjustments in the Parks department for three projects.The first change will increase the Mighty Ducks grant amount and add 2024 bond proceeds and expenses for the Arena renovation project. The other amendments will add expenses and revenue associated with the Mississippi River Boat Launch and recognize Dakota County’s contribution to the Riverbank Erosion project. These adjustments will bring all of these projects’2024 budget in line with actual expenditures. Background Information: For the Civic Arena renovation project, an additional $41,628 has been added to the City’s Mighty Ducks grant. The new grant total is $207,995 and will contribute to the new refrigeration system. This was part of the 2024 bond issuance, and the project’s share has been allocated to the Arena special revenue fund. This adjustment will add budget authority for both these bond proceeds and the project’s expenses totaling $5.4 million. The next project is a new boat launch on the Mississippi River. The State of MN DNR has awarded a grant that will fund all expenses for this addition. This amendment will recognize the grant and expenses, each totaling $17,226. The Parks Department previously received Council approval for a Riverbank Stabilization project, with expenses of $76,815. Dakota County is responsible for 40% of these costs, which equals $30,726. The City recently invoiced the County for this payment. This budget amendment will recognize this contribution. Financial Impact: The increase to the Mighty Ducks and MN DNR grant, as well as Dakota County’s contribution, will replenish City resources that have already been spent on these projects. As previously stated, bond proceeds have already been allocated to the Arena fund for this project and this entry simply adjusts the budget to reflect actual revenues and expenditures. Advisory Commission Discussion: N/A Council Committee Discussion: N/A Attachments: N/A VIII-13 City Council Memorandum To:Mayor Fasbender & City Councilmembers From:Chris Jenkins, Parks & Recreation Director Date:March 17, 2025 Item:Cooperative Agreement: Lake Rebecca Fishing Pier Council Action Requested:Approve cooperative agreement and resolution to receive an extension for the Lake Rebecca Fishing Pier. Background Information:The existing fishing pier at Lake Rebecca Park was a cooperative effort between the City and MN DNR. It was identified that an extension to the pier would better serve the location and the fishing public, so staff from both agencies propose the attached agreement and resolution to provide an extension for the pier. This extension will be installed as part of the larger Lake Rebecca project. Financial Impact:No cost to the City, the pier extension is funded by the MN DNR. Advisory Commission Discussion:N/A Council Committee Discussion:N/A Attachments: ▪Agreement ▪Resolution VIII-14 Page 1 of 8 State of Minnesota Cooperative Agreement REBECCA LAKE PUBLIC FISHING PIER LAND USE, OPERATIONS, AND MAINTENANCE COOPERATIVE AGREEMENT BETWEEN THE STATE OF MINNESOTA AND CITY OF HASTINGS This Cooperative Agreement (“Agreement”is between the State of Minnesota, acting through its Commissioner of the Department of Natural Resources (“State”) and City of Hastings,(“City”). Recitals The Commissioner of Natural Resources has the authority, duty, and responsibility under Minnesota Statutes Section 97A.141 to provide public water access on lakes and rivers, where access is inadequate; and Under Minnesota Statutes § 471.59, subd. 10, the State is empowered to engage such assistance as deemed necessary; and The State and City have determined that a fishing pier site on Rebecca Lake is of high priority under the state public water access program; and The fishing pier extension will be located on City owned land at Sec. 21, T115 N, R17 W,described as Lake Rebecca Park, and used for fishing, observation, and other compatible uses (“Fishing Pier”), and The State and the City desire to cooperate in the installation and maintenance of the Fishing Pier extension on Rebecca Lake; and The City Council has authorized the City to enter into this Agreement. Agreement Term of Agreement Effective Date: March 21, 2025,or the date the State obtains all required signatures under Minn. Stat. § 16C.05, subd. 2, whichever is later. Expiration Date: December 31, 2045, or until all obligations have been satisfactorily fulfilled, whichever occurs first. Agreement between the Parties State’s Duties and Responsibilities. The State shall: a.Encumber funds for the facility through the standard internal purchasing process including, but not mi MINNeSOTA 1. 1.2 2. 2.1 VIII-14 Page 2 of 8 limited to, a separate requisition request. b.Review and approve any signs before they are placed at the facility by the City. c.Retain ownership of the Fishing Pier extension through the expiration date of the Agreement and retain the authority to relocate and/or remove the Fishing Pier extension if the site, identified as Exhibit A,is determined to be inadequate or if the City fails to comply with the terms of the Agreement. Before such removal or relocation, the State shall consult with the City. d.The State reserves the right to inspect the Fishing Pier to ensure that the City complies with the terms of this Agreement. City’s Duties and Responsibilities. The City shall: a.Comply with all local, state and federal laws, regulations, rules and ordinances which may apply to the management, operation, and maintenance of the Fishing Pier extension. b.Obtain any permit or license which may be required for the Fishing Pier extension. c.Provide a hard surfaced, accessible route/sidewalk/pathway which meets accessible requirements of less than a 5% gradient, 2% cross slope connecting the Fishing Pier to an accessible parking space. The City agrees to complete this portion of the project as soon as possible and within one (1) year of the effective date of this Agreement. The City agrees to comply with the Americans with Disabilities Act (ADA) of 1990 (42 U.S.C. 12101 et seq.) and all applicable regulations and guidelines. d.Provide personnel and equipment to install the Fishing Pier extension, and request assistance from the State as needed. e.Keep the Fishing Pier and related facilities free and open every day during open water season in conjunction with the City’s established operational months and hours for a facility of this type. The City may close the Fishing Pier for emergencies, or for other reasons, without prior written consent of the State. The City shall notify the State within seventy-two (72)hours of the closing of the Fishing Pier for emergency reasons or if the facility will remain closed longer than seventy-two (72)hours. f.Provide free and adequate parking in the vicinity for the Fishing Pier including at least one (1) designated accessible space for persons with disabilities. g.Provide police protection and patrols for the Fishing Pier in accordance with the City’s established police department policies for a facility of this type. h.Install appropriate signage for the site as approved by the State. i.Maintain the Fishing pier extension and facilities and keep them in good and sanitary order in accordance with the City's established practices for maintenance of City facilities. Additionally, the City shall provide all necessary routine maintenance and minor repairs to the Fishing Pier extension including, but not limited to, the repair or replacement of decking and railings. The State shall assist the City with major structural repairs subject to the availability of funding according to the provisions of Article II. j.Take action no earlier than October 15th of each year to protect the Fishing Pier from damage caused by ice action. This may include moving the fishing pier to a protected location or disconnecting it from shore.The City shall return the Fishing Pier to its original location in a usable condition no later than May 1st of each year or after floodwaters recede, whichever is later. k.Follow Minnesota Department of Natural Resource’s (DNR)Operational Order 113, which requires 2.2 VIII-14 Page 3 of 8 preventing or limiting the introduction, establishment and spread of invasive species during activities on public waters and DNR-administered lands. Operational Order 113 is incorporated into this Agreement by reference and can be found at https://files.dnr.state.mn.us/assistance/grants/habitat/heritage/oporder_113.pdf Duties listed are in Operational Order 113 under Sections II and III (p. 5-8). a.The City shall prevent invasive species from entering or spreading within a project site by cleaning equipment and clothing prior to arriving at the project site. b.If equipment or clothing arrives at the project site with soil, aggregate material, mulch, vegetation (including seeds) or animals, it shall be cleaned with tools or equipment furnished by the City (such as brush/broom, compressed air,or pressure washer) at the staging area. c.The City shall dispose of material and debris cleaned from equipment and clothing at an appropriate location. If the material cannot be disposed of onsite, then the material must be secured prior to transport (such as a sealed container, covered truck, or wrap with tarp) and legally dispose of offsite. d.The City shall ensure that all equipment and clothing used for work in public waters has been adequately decontaminated for aquatic invasive species. All equipment and clothing including but not limited to waders, vehicles and boats that are exposed to any public water of the state must be thoroughly cleaned and drained of all water before transport to another location. l.Follow pollinator best management practices and habitat restoration guidelines pursuant to Minn. Stat. § 84.973 for all habitat restorations and enhancements conducted on DNR lands and prairie restorations on state lands or on any lands using state funds. Practices and guidelines ensure an appropriate diversity of native species to provide habitat for pollinators through the growing season. Funding The State shall provide funding for its responsibilities under Article II of this Agreement through the standard internal purchasing process including, but not limited to a separate requisition in which funds will be encumbered. The total cost of the Fishing Pier extension shall be borne by the State. The total obligation of the State for its responsibilities under Article II of this Agreement shall be limited to the amount of funds legislatively appropriated and administratively allocated to this project. No additional funding will be provided, unless agreed upon by all parties and an amendment to this Agreement is completed and executed. Authorized Representatives The State’s Authorized Representative, or their successor: TJ DeBates Minnesota DNR East Metro Fisheries Supervisor 1200 Warner Road, Saint Paul, MN 55106 Timothy.Debates@state.mn.us | 651.259.5770 The City’s Authorized Representative, or their successor: Chris Jenkins City of Hastings Parks and Recreation 920 West 10th Street, Hastings, MN 55033 CJenkins@hastingsmn.gov | 651.480.6176 3. 4. VIII-14 Page 4 of 8 Assignment, Amendments, Waiver, and Contract Complete. Assignment. The City may neither assign nor transfer any rights or obligations under this Agreement without the prior consent of the State and a fully executed assignment Agreement, executed and approved by the authorized parties or their successors. Amendments. Any amendment to this Agreement must be in writing and will not be effective until it has been executed and approved by the authorized parties or their successors. Waiver. If the State fails to enforce any provision of this Agreement, that failure does not waive the provision or its right to enforce it. Contract Complete. This Agreement contains all negotiations and Agreements between the State and the City. No other understanding regarding this Agreement, whether written or oral, may be used to bind either party. Liability Each party agrees that it will be responsible for its own acts and the results thereof to the extent authorized by law and shall not be responsible for the acts of the other party and the results thereof. The State’s liability shall be governed by the provisions of the Minnesota Tort Claims Act, Minnesota Statutes Section 3.736, and other applicable law. The City’s liability shall be governed by Minnesota Statutes Sections 466.01 -466.15, and other applicable law. State Audits. Under Minn. Stat. §16C.05, subd. 5, the City’s books, records, documents, and accounting procedures and practices relevant to this Agreement are subject to examination by the State, the State Auditor, or Legislative Auditor, as appropriate, for a minimum of six years from the expiration or termination of this Agreement. Government Data Practices. The City and State must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, (or, if the State contracting party is part of the Judicial Branch, with the Rules of Public Access to Records of the Judicial Branch promulgated by the Minnesota Supreme Court as the same may be amended from time to time) as it applies to all data provided by the State under this Agreement, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the City under this Agreement. The civil remedies of Minn. Stat. §13.08 apply to the release of the data governed by the Minnesota Government Practices Act, Minn. Stat. Ch. 13, by either the City or the State. If the City receives a request to release the data referred to in this clause, the City must immediately notify and consult with the State’s Authorized Representative as to how the City should respond to the request. The City’s response to the request shall comply with applicable law. Publicity and Endorsement. Publicity. Any publicity regarding the subject matter of this Agreement must identify the State as the sponsoring agency and must not be released without prior written approval from the State’s Authorized Representative. For purposes of this provision, publicity includes notices, informational pamphlets, press releases, information posted on corporate or other websites, research, reports, signs, and similar public notices prepared by or for the City individually or jointly with others, or any 5. 5.1 5.2 5.3 5.4 6. 7. 8. 9. 9.1 VIII-14 Page 5 of 8 subcontractors, with respect to the program, publications, or services provided resulting from this Agreement. All publicity shall be provided in an accessible format per Minnesota Statute 16E.03, sub. 9. State of Minnesota guidelines for creating accessible electronic documents can be found at the following URL: https://mn.gov/mnit/programs/accessibility/. Endorsement.The City must not claim that the State endorses its products or services. Venue Venue for all legal proceedings out of this Agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. Termination Termination. The State or the City may terminate this Agreement at any time, with or without cause, upon thirty (30)days’ written notice to the other party. Termination for Insufficient Funding.The State may immediately terminate this Agreement if it does not obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued at a level sufficient to allow for the payment of the services covered here. Termination must be by written or fax notice to the City. The State is not obligated to pay for any services that are provided after notice and effective date of termination. However, the City will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the extent that funds are available. The State will not be assessed any penalty if the Agreement is terminated because of the decision of the Minnesota Legislature, or other funding source, not to appropriate funds. The State must provide the City notice of the lack of funding within a reasonable time of the State’s receiving that notice. Force Majeure Neither party shall be responsible to the other or considered in default of its obligations within this Agreement to the extent that performance of any such obligations is prevented or delayed by acts of God, war, riot, disruption of government, or other catastrophes beyond the reasonable control of the party unless the act or occurrence could have been reasonably foreseen and reasonable action could have been taken to prevent the delay or failure to perform. A party relying on this provision to excuse performance must provide the other party prompt written notice of inability to perform and take all necessary steps to bring about performance as soon as practicable. E-Verify Certification (in accordance with Minn. Stat. §16C.075). For services valued in excess of fifty-thousand dollars ($50,000), the City certifies that as of the date of services performed on behalf of the State, City and all its subcontractors will have implemented or be in the process of implementing the federal E-Verify Program for all newly hired employees in the United States who will perform work on behalf of the State. The City is responsible for collecting all subcontractor certifications and may do so utilizing the E-Verify Subcontractor Certification Form available at http://www.mmd.admin.state.mn.us/doc/EverifySubCertForm.doc. All subcontractor certifications must be kept on file with Contractor and made available to the State upon request. 9.2 10. 11. 11.1 11.2 12. 13. VIII-14 Page 6 of 8 Exhibits. The following Exhibits are attached and incorporated into this Agreement. In the event of a conflict between the terms of this Agreement and its Exhibits, or between Exhibits, the order of precedence is first the Agreement, and then in the following order: Exhibit A: Fishing Pier Location Map Exhibit B: City Council Meeting Minutes or Council Resolution (The remainder of this page intentionally left blank.) 14. VIII-14 Page 7 of 8 1.State Encumbrance Verification Individual certifies that funds have been encumbered as required by Minn. Stat. §§ 16A.15 and 16C.05 Print Name:___________________________________ Signature:_____________________________________ Title:Date:______________ SWIFT Contract No._____________________________ 2.City Print Name:___________________________________ Signature:_____________________________________ Title:Date:______________ Print Name:___________________________________ Signature:_____________________________________ Title:Date:______________ 3.State Agency With delegated authority Print Name:___________________________________ Signature:_____________________________________ Title:Date:______________ 4.Commissioner of Administration As delegated to The Office of State Procurement Print Name:___________________________________ Signature:_____________________________________ Title:Date:______________ Admin ID:_____________________________________ This is a draft for approval only, Do Not Sign.Signing will be done in order, by email through DocuSign. VIII-14 Page 8 of 8 Exhibit A MississippiRationalRiver and Recreaton Area " Minneapolis Saint Paul Hastings Rebecca Lake Fishing Pier Extension 2025 Coordmare System:NAD 1983ITM Zone 15N Countyof Dakota,Metropolitan Council,MetroGIS,Esri,TomTom,Garmin, FAO,NOAA.USGS,EPA,NTS,USFWS Mapby:JimLevin,February2025 0.04 0.05 0.07=1Mi Z3Km0.1 *7; VIII-14 CITY OF HASTINGS DAKOTA COUNTY, MINNESOTA RESOLUTION ____________ A RESOLUTION AUTHORIZING CITY OF HASTINGS TO ENTER INTO A COOPERATIVE AGREEMENT WITH THE MINNESOTA DEPARTMENT OF NATURAL RESOURCES FOR THE LAKE REBECCA FISHING PIER EXTENSION PROJECT WHEREAS,the authorizing authority approves of the attached application for the Lake Rebecca fishing pier extension project; and WHEREAS,the authorizing authority agrees to be reimbursed costs associated with this project as outlined in the cooperative agreement. NOW, THEREFORE BE IT RESOLVED,that the authorizing authority of the City of Hastings does adopt this resolution. WHEREUPON SAID RESOLUTION ____________ WAS DECLARED DULY PASSED AND ADOPTED THIS ______ DAY OF ______________. ______________________________ Mary D. Fasbender, Mayor ATTEST: ______________________________ Kelly Murtaugh, City Clerk VIII-14 City Council Memorandum To: Mayor Fasbender & City Councilmembers From: Alex Menke, Economic Development Coordinator John Hinzman, Community Development Director Date: March 17, 2025 Item: Adopt Plan: Highway 55 and Jacob Growth Area Plan Council Action Requested: Adopt the attached Highway 55 and Jacob Growth Area Plan. A simple majority is necessary for action. Background Information: The Plan presents a vision for future development for over 400 acres on the western edge of the City. This is not a plan for the City to actively seek annexation, but one that prepares the City when individual property owners decide to develop their land and request annexation. The Plan follows consultation with property owners, public comment, and joint meeting review by the Council and Planning Commission. Advisory Commission Discussion: The Planning Commission voted 6-0 to recommend adoption of the plan at the March 10, 2025 meeting with limited discussion. Council Commission Discussion: N\A Attachments: • Planning Commission Memo • Highway 55 and Jacob Growth Area Plan 堭䌭〱 Planning Commission Memorandum To: Hastings Planning Commission From: Alex Menke, Economic Development Coordinator Date: March 10, 2025 Item: Recommend Highway 55 + Jacob Avenue Small Area Plan for Adoption by City Council Planning Commission Action Requested: The Planning Commission is asked to review and recommend adoption of the Highway 55 + Jacob Avenue Small Area Plan to the City Council. Background Information: In 2024, Staff was contacted by multiple property owners that had land holdings just outside of the western limit of the City. They expressed interest in developing but wanted to know what type of developments the City wanted to see in the area. This led to Staff executing a contract with HKGi to create a concept area plan for just over 400 acres of undeveloped land surrounding Highway 55 and Jacob Avenue. This is not a plan for the City to actively seek annexation, but one that prepares the City when individual property owners decide to develop their land and request annexation. The plan was grounded in market realities through an economic analysis performed by LOCi consulting. This gives us confidence that the proposed designs have a high likelihood of success should landowners decide to develop their properties. In addition to the economic realities, the infrastructure layout was a large consideration as well. Another subcontractor, SEH, analyzed our current and future infrastructure plans to identify what capacities exist today to service development needs and what would need to be done to “unlock” the development potential of the entire study area. Using the economic and infrastructure analyses as a foundation, HKGi was able to use those to put together a draft layout of proposed land uses in the area. After two workshop sessions with Planning Commission and City Council, the draft plan was then made available for comment by the public by means of an interactive website that collected feedback. These comments were reviewed and synthesized and are available in the report. The final proposed design envisions an extension of the Commercial corridor along Highway 55 with a small Mixed-Use area and flex Employment area interspersed. Surrounding the Commercial areas are a mix of housing uses of varying densities, from 堭䌭〱 single family detached to multi-family apartments. In addition, there are considerations of siting new parks and trails that link with existing systems. The estimated timeframe for the entire study area to be developed is on the scale of 25 – 30 years and is heavily dependent on the development interests of existing property owners and the availability of City utility infrastructure. Attachments: • Small Area Plan 堭䌭〱 1 ACKNOWLEDGEMENTS HWY 55+JACOB AVEGROWTH AREA PLAN City of Hastings, Minnesota March 17th, 2025 X-C-01 2 HWY 55+JACOB AVEGROWTH AREA PLAN 01 PROJECT OVERVIEW 5 Introduction 5 The Planning Process 6 Assemble the Master Plan 6 Converge on a Preferred Plan 6 Understand the Context 6 Explore Alternatives 6 Confirm Project Objectives 6 02 BACKGROUND INFORMATION 9 Existing Conditions Mapping 9 Existing Land Use 10 Future Land Use (2040 Comprehensive Plan) 11 Land Suitability 12 Infrastructure Considerations 13 Market Scan 16 Key Market Findings 17 Market Recommendations 17 Stakeholder Engagement 18 Property Owner Engagement 18 Community Engagement 19 CONTENTS 03 RECOMMENDATIONS 21 Project Concepts 21 Preferred Concept 22 Proposed Land Uses 24 Proposed Park/Trail/Open Space + Stormwater Improvements 25 Proposed Transportation 26 Sanitary Sewer Improvements 27 Watermain 28 04 IMPLEMENTATION 29 Keys to Implementation 29 Patience 29 Commitment 30 Financial Reality 30 Strategic Investments 30 Coordination Efforts 31 City of Hastings 31 Business and Property Owners 31 Planning Commission and City Council 31 Community-At-Large 31 Phasing 32 Immediate Availability 32 Next Phase 32 Long-Term Phase 32 05 APPENDIX 33 Market Analysis Presentation 33 X-C-01 3 ACKNOWLEDGEMENTS ABOUT The Highway 55 and Jacob Avenue Growth Area Plan (GAP) focuses on a portion of land west of the current City of Hastings boundary. The study area is focused around the intersection of Highway 55 and Jacob Avenue, stretching north to 140th Street East, and south past 150th Street East (near the Heritage Ridge Neighborhood). Much of the land area is undeveloped, or in larger rural residential land use with a few homesteads and small businesses. TIMELINE CITY COUNCIL • Mary Fasbender, Mayor • DawnMarie Vihrachoff • Mya Beck • Lisa Leifeld • Tim Lawrence • Angie Haus • Dave Pemble ACKNOWLEDGEMENTS CITY PLANNING STAFF • Justin Fortney, City Planner • John Hinzman, Community Development Director • Alex Menke, Economic Development Coordinator CONSULTING TEAM • SEH | Engineering • Loci Consulting | Market Scan/Analysis • HKGi | Planning and Design X-C-01 4 HWY 55+JACOB AVEGROWTH AREA PLAN X-C-01 5 PROJECT OVERVIEW PROJECT OVERVIEWINTRODUCTION The project study area encompasses approximately 400 acres, within Nininger Township; focused around the intersection of Highway 55 and Jacob Avenue, which includes several properties under different private ownerships. Much of the land area is undeveloped, or partially developed within larger rural residential land uses including a few homesteads and small businesses. X-C-01 6 HWY 55+JACOB AVEGROWTH AREA PLAN Evaluating options for land use and development patterns for the remaining parcels of land that have yet to develop Planning park/ trail/open space patterns that serve the study area and potentially areas beyond Incorporating storm water management solutions Evaluating ways of providing access to remaining parcels of land Ensuring a financially and feasible development solution UNDERSTAND THE CONTEXTDuring this phase of the project a base of common understanding including existing land use and physical conditions, planned improvements, and an understanding of historical planning for the focus area CONFIRM PROJECT OBJECTIVESThis project phase involved working to respond to both the needs and wants of all involved parties, balancing opinions and perspectives on both variable/subjective and non-variable components. Multiple staff, stakeholder, and community engagement opportunities were tailored to receive feedback. EXPLORE ALTERNATIVESThe consulting team will explore up to three alternative site plan concepts with differentiating focuses. Site plans were evaluated based on access and circulation, infrastructure needs, land use impacts, and financial and market feasibility. CONVERGE ON A PREFERRED PLANThe design team will work through a process to evaluate and converge on a preferred plan direction. ASSEMBLE THE MASTER PLANBased on the technical review of the alternatives and the engagement process, a master plan report was prepared for consideration by the City of Inver Grove Heights. THE PLANNING PROCESS The purpose of this plan is to help the City understand development implications and outline a feasible development plan for the project area. The City aims to balance property owner desires with a strategic growth planning approach utilizing the information compiled and analyzed throughout the project. Key elements involved in this study included expanding on previous planning efforts such as the People Movement Plan (2021), 2040 Comprehensive Plan, and the current Zoning Ordinance. A market analysis and community engagement were facilitated throughout the process to inform the study that led to the creation of development concepts and final recommendations for the project area. X-C-01 7 PROJECT OVERVIEW Figure 1.1 People Movement Plan Network Graphic X-C-01 8 HWY 55+JACOB AVEGROWTH AREA PLAN X-C-01 9 BACKGROUND INFORMATION BACKGROUND INFORMATIONEXISTING CONDITIONS MAPPING This particular area was selected because of policy guidance from the 2040 Comprehensive Plan to understand where and how much land might be needed for future growth. Highway 55 and Jacob Ave are the main western corridors into the City and the planning process includes market analysis and preparing concept designs to supplement the guidance of the comprehensive plan. The study and preparation of this growth area plan is important to ensure the following: • Focus on growth opportunities toward the west and south to reduce pressure on the sensitive resources on the eastern side of the community. • Carefully plan for contiguous properties on the western fringe of the City perimeter within the major roadway corridors. • Plan for and confine urban growth over the 2018-2040 time period to the area just west of Jacob Avenue on the west, just north of 170th Street on the south. • Solidify the City’s rational and position on land use and urban design to build consensus and guide land owners and developers. • Grow by investing in carefully planned areas by providing attractive public amenities and protecting environmental resources. Figure 2.1 Site Boundary Map X-C-01 10 HWY 55+JACOB AVEGROWTH AREA PLAN 0 0.25 0.50.13 Miles Legend Study Area Hastings City Limits Existing Land Use Agriculture Agriculture Preserve Agriculture Green Acres Residential Commercial Commercial - Preferred Institutional - School Much of the land is currently zoned agricultural, which supports large areas of land dedicated to farming and homesteads. The three main agricultural land use categories listed: Agriculture, Agriculture Green Acres, and Agriculture Preservation are used to differentiate and provide tax relief for qualifying farmland. Property owners must meet specific qualifications for the Agriculture Green Acres and Agriculture Preservation programs to limit market value increases that would impact property taxes due to development pressure. With the majority of the project area currently designated to agricultural use presents a favorable “blank slate” or “green field” opportunity for potential development driven by property owner or market interests. EXISTING LAND USE Figure 2.2 Property Ownership Map X-C-01 11 BACKGROUND INFORMATION On the other hand, future land use, as established by the 2040 Comprehensive Plan, illustrates a generalized pattern envisioned for Hastings and its surrounding area. This growth area plan communicates refined desired development types, potential land uses, and identifies suitable infrastructure needs on a more detailed scale for this project area based on the future land use map. FUTURE LAND USE (2040 COMPREHENSIVE PLAN) Figure 2.3 Future Land Use Map X-C-01 12 HWY 55+JACOB AVEGROWTH AREA PLAN Analyzing the current land topography can help identify if and where there are any development constraints. The slopes (contours) throughout the project study area indicate that there is generally a consistent grade throughout many of the parcels. With the most notable grade changes located North of Highway 55. This area may be a strong potential for utility upgrades, such as a water tower, sanitary sewer treatment facility, and additional infrastructure placement. Landscape and soil data reveal no designated sensitive areas or habitats, with most land identified as upland soils- cropland, indicating minimal constraints for future development. LAND SUITABILITY Figure 2.4 Land Suitability Map X-C-01 13 BACKGROUND INFORMATION INFRASTRUCTURE CONSIDERATIONS Future development will drive increased infrastructure needs, particularly for stormwater, sanitary sewer treatment, and water services, which the City intends to monitor and maintain. An engineering analysis, provided by SEH evaluated the contours, and ensured alignment with Dakota County and MnDNR watershed maps to identify grade breaks where each type of infrastructure could be located and serve for future development. STORMWATER Potential stormwater flow directions and proposed ponding areas are highlighted at the lowest elevation points (2-3 feet). Actual BMPs and pond sizes would be determined when a formal development plan is submitted. Locations are based on pre-development low points and are for reference only. The map depicts a heat layer overlaid with contours showing elevation differences. No storm structures or pipes are included in this analysis at this time, as this is also development- dependent. Figure 2.5 Stormwater Map X-C-01 14 HWY 55+JACOB AVEGROWTH AREA PLAN Figure 2.6 Water Main Map WATER MAIN The 2040 Comprehensive Plan identifies a future water tower and looped water main, with additional pipe loops for the next contiguous 40-acre areas to be developed. The proposed water tower location is flexible but should be established within the highest contour in the area. The proposed water tower should proceed development in order to establish sufficient pressure and dire flows for the project area prior to development. There are three connections to the existing water main system which are shown at 1st Street W, 4th St W, and 15th St W on the map above. The entire study area is assumed to be part of a future high- pressure zone. X-C-01 15 BACKGROUND INFORMATION SANITARY SEWER As for sanitary sewer there are several points in the policy guidance from the 2040 Comprehensive Plan that provide the layout and routes of the main trunk lines and potential upgrades to inform this project study area. Key areas include: • Jacob Ave upgraded to a General Sieben Lift Station, continuing northeast to the treatment facility. • A small portion of the area NE of the Jacob/Highway 55 intersection may be served by extending the 4th St. W. sanitary sewer west to the ridgeline. This would be based on development type, intensity, and elevations. ?ØA@ 4TH ST W GENERAL SIEBEN DR WYN D H A M HILL DR STEEPLE LN GREYSTONERD RO S E WA Y HIGHWAY 55 15TH ST W TIERNEYDR SIE R R A DR SE T O N CT 14TH ST W SUNSETDR CARLETON DR OAKHILLDR NORTHRIDGEDR CARRIAGE HILLCT DELLRIDGECT OC O N N E L L D R SOUTH FRONTAGE RD CA R L E T O N PL 14THCTW FAL LBROOKEDR UNNAMED ST RIDGEPOIN T E D R BRANDLEWOODCT COB B LESTONE CT 150TH STE NORTH FRONTAGE RD 140TH ST E PR I N G L E C T WOODCLIFFE TRL WESTPO IN TEDR ER I C K S O N D R 13THSTW MARKET BLVD JA C O B A V E 145TH ST E 9 6 0 950 94 0 92 0 91 0 90 0 88 0 940 920 91 0 900 880 940 930 920 910 900 930 920 880 870 850 840 91 0 90 0 900 890 890 8 8 0 87 0 860 910 900 910 900 890 8 7 0 910 91 0 900 88 0 8 8 0 860 8 9 0 850 93 0 930 9 4 0 91 0 910 940 95 0 94 0 920 930 910 900 9 1 0 910 900 900 900 900 900 900 89 0 89 0 880 880 890 870870 83 0 9 0 0 Dakota County, Maxar F 0 0.25 0.50.13 Miles Legend Sanitary Districts North West West Central Sewer Manholes Lift Station Sewer Gravity Main Minor Watersheds Major Watershed StudyArea Hastings City Limits 10' Contours Proposed Sanitary Features Lift Station Manhole Proposed Sanitary Lines Gravity Main Force Main Figure 2.7 Sanitary Sewer Map • The area NW of Jacob/Highway 55, has higher elevations, therefore, using a lift station and force main to push past the intersection is recommended. An alternative route could follow low points and connect at Highway 55, west of Jacob Ave. • The area south of Highway 55 follows low points with two trunk lines collecting at the upgraded General Sieben Lift Station. ?ØA@ 4TH ST W GENERAL SIEBEN DR WYN D H A M HIL L DR STEEPLE LN GREYSTONERD RO S E WA Y HIGHWAY 55 15TH ST W TIERNEYDR SIE R R A DR SE T O N CT 14TH ST W SUNSETDR CARLETON DR OAKHILLDR NORTHRIDGEDR CARRIAGE HILLCT DELLRIDGECT OC O N N E L L D R SOUTH FRONTAGE RD CA R L E T O N PL 14THCTW FAL LBROOKEDR UNNAMED ST RIDGEPOIN T E D R BRANDLEWOODCT COB B LESTONE CT 150TH STE NORTH FRONTAGE RD 140TH ST E PR I N G L E C T WOODCLIFFE TRL WESTP O INTEDR ER I C K S O N D R 13THSTW MARKET BLVD JA C O B A V E 145TH ST E 9 6 0 950 94 0 92 0 91 0 90 0 88 0 940 920 91 0 900 880 940 930 920 910 900 930 920 880 870 850 840 91 0 90 0 900 890 890 8 8 0 87 0 860 910 900 910 900 890 8 7 0 910 91 0 900 88 0 8 8 0 860 89 0 850 93 0 930 9 4 0 91 0 910 940 95 0 94 0 920 930 910 900 9 1 0 910 900 900 900 900 900 900 89 0 89 0 880 880 890 870870 83 0 9 0 0 Dakota County, Maxar F 0 0.25 0.50.13 Miles Legend Sanitary Districts North West West Central Sewer Manholes Lift Station Sewer Gravity Main Minor Watersheds Major Watershed StudyArea Hastings City Limits 10' Contours Proposed Sanitary Features Lift Station Manhole Proposed Sanitary Lines Gravity Main Force Main X-C-01 16 HWY 55+JACOB AVEGROWTH AREA PLAN MARKET SCAN This section summarizes the findings and recommendations from the market analysis prepared by Loci Consulting. The full market analysis can be found in the document appendix. The analysis guided the growth area concept maps and land use planning by evaluating demographics, market trends, site constraints, traffic patterns, land use demands, and more. Understanding market elements and changes helps identify key trends, opportunities, and challenges for current and future economic conditions in Hastings. The primary market area (PMA) is within a 15-minute drive radius of the project area, highlighting economic activity in Hastings and nearby areas. Using Census data and stakeholder insights, projections were made to 2029. Hastings’ development progression and potential for economic opportunities are detailed in the strengths and weaknesses table below, followed by key findings and recommendations. WEAKNESSES The larger parcels could have longer development timelines Jacob Avenue is currently unpaved which could be viewed as an added expense and there is limited connectivity to County Road 46 Development areas further south and north of Highway 55 are not favorable for commercial Interchange at County Road 46 and Highway 52 is more intuitive for traffic flow than Highway 55 and Highway 52 near growth area STRENGTHS Large, vacant parcels create an open opportunity for adaptable development Highway 55 is a direct connection and gateway to Hastings and the metro Existing (unpaved) County Road 46 along Jacob Ave shows potential for future connectivity Recent housing on the edge of the city limits near growth area poses natural residential expansion Growth area could be a gateway district into Hastings Existing strong retail node along Highway 55, high school, and Dakota County Government Center poses opportunities for higher density residential development The land mass in the growth area offers opportunities for buffering along residential uses HWY 55 + Jacob Ave Growth Area Plan Market AnalysisPrepared for HKGi and the City of HastingsSeptember 4, 2024 11 Primary Market Area (PMA) for the HWY 55 & Jacob Ave Growth Area Cities and townships included: Hastings Nininger township Coates Douglas township Empire township Hampton Hampton township Marshan township HWY 55 + Jacob Ave Source: ESRI; Maxfield Research Inc.; LOCi Consulting LLC Miesville New Trier Ravenna township Rosemount Vermillion Vermillion township Welch township Primary Market Area X-C-01 17 BACKGROUND INFORMATION KEY MARKET FINDINGS Considering Hastings' current assets and market conditions, unveiled that accommodating for residential, commercial, and industrial uses align with market trends. RESIDENTIAL • Overall, the growth area would work well for residential development. • Absorption of single-family dwellings and townhomes has been steady, despite market swings, interest rate spikes, etc. • Developers have brought several new rental projects to the market, where absorption has been strong. RESTAURANT AND RETAIL • Retail would work well at parcels immediately adjacent to the Highway 55 and Jacob Ave intersection and related uses nearby. • Overall, the market for retail, or draw for retail development, has been slow in the Primary Market Area INDUSTRIAL • Sites closer to County Road 46 outside of the Growth Area are better candidates sites for industrial. MARKET RECOMMENDATIONS • Focus initial development on residential projects closer to but not immediately adjacent to the Highway 55 and Jacob Ave intersection and city boundaries. • Guide parcels immediately adjacent to the the Highway 55 and Jacob Ave intersection for retail development. • Look for opportunities to develop higher density residential uses closer to existing and planned commercial areas. • Improve Jacob Ave to enhance connectivity through the project area. • Understand that project area as a long-term buildout - 20+ years. • Take the opportunity to preserve and develop trail and park systems through the project area. • Expect near-term industrial demand to be maintained by planning for additional available industrial parcels in the existing business park. • Plan for long-term industrial development to occur outside of the growth area on parcels immediately adjacent to County Road 46. X-C-01 18 HWY 55+JACOB AVEGROWTH AREA PLAN STAKEHOLDER ENGAGEMENT PROPERTY OWNER ENGAGEMENT The scale of this growth area plan allows for a more focused approach on targeted stakeholders. All property owners within the project area were contacted and encouraged to participate, helping to inform them of the market impacts that feed into the land use concepts being developed for the phasing and design of the project area including roadways, utilities, traffic, and other infrastructure needs. The property ownership map helps understand property owner goals and opens a cooperative dialogue with the City. Figure 2.1 Property Ownership Map X-C-01 19 BACKGROUND INFORMATION • Mixed reactions regarding attracting businesses and expanding employment opportunities to drive job creation and economic activity. • A prominent need for affordable housing options, but concerns were raised that more mixed-use and high-density housing could disadvantage the community. There is a desire to maintain the small-town feel, with a preference for single-family homes and neighborhoods with nearby parks. • Questions and concerns were mentioned about the location of future water towers and treatment facilities, and how future development would impact water pressure issues. • An emphasis on preserving natural resources, incorporating more trail connections and maintaining the current agricultural land use to continue to allow for hunting and farming. • Suggestions for improving traffic management and road safety, as development would increase traffic. 678 Total Site Visits 553 Individual Visitors 86 Total Contributions 49 IndividualContributors Project website leading to online social map for community engagement opportunities COMMUNITY ENGAGEMENT Public engagement was also conducted to gauge community feedback on the proposed concept direction of this growth area. A public project website was created to provide background information, status updates, and mapping activities, ensuring consistent input was gathered to inform the development of the growth area plan. Key takeaways from the community engagement include: * Full list of comments can be found on the City’s project webpage X-C-01 20 HWY 55+JACOB AVEGROWTH AREA PLAN We need to attract and support businesses as they’re a primary driver of job creation, tax revenue, and overall economic activity. Without a healthy business landscape, Hastings will struggle to expand and improve its quality of life for residents. I think all of this is great! Hastings needs to expand commercially and the need for AFFORDABLE housing is a necessity! This all looks great to me! The best way to preserve our natural resources is to maintain the current land use. Landowners throughout Nininger Township are protecting our soil and water through modern agricultural practices, including both livestock and crop production. This approach also supports ample wildlife habitats across the township. Commercial and residential expansion would jeopardize these efforts. This is land that needs to stay land we need to leave Hastings alone the small town is what we love about it Why is there a commercial area being added in residential?Hastings already has a Downtown, midtown, Westview, south the town on 316, and at Highway 55 and General Sieben. Add a commercial on Highway 55 Expanding out into this area would be detrimental to the farms and wildlife in the area. Hastings is a smaller city, it does not need to expand this much into farmland. This intersection is a scary one to turn left on (55 to Jacob), especially heading as the hill partially blocks your view. Turning onto 55 People unfortunately speed along this road as well. There would need to be some sort of plan other than a stop sign for this and any potential future intersections. More parks! Consider adding a few more - even in commercial areas to boost appeal and value of the area. It provides a green space for people to relax, exercise, and socialize. Add bike trail/sidewalk from High school west on 140th, north on Jacob, bridge/tunnel under 132nd ST E (to eliminate crossing of busy road), and route to connect to the Mississippi River Regional Trail at 125th ST E/Isadore Ave. This will provide a safe route to school if the area north of 140th becomes more heavily residential. I would be interested in seeing a trail system as well in this area to connect the valley. It would allow a safe area for pedestrians, as well as encouraging tree preservation in the area. There would be potential for the trail to connect to the trail along the Vermillion river. Based on the current plan, this area will increase traffic to several quiet streets as it appears to be one of the 3 entrances into this new “neighborhood”. This is unwelcome. Preserve the small town feel of Hastings. Also, the HDR and MDR are plentiful in this town. If there is expansion that needs to happen, single family homes with decent yards will be attractive rather than more apartments and townhomes.Will Jacob Ave be paved all the way through (55 to 46)? Who will pay for this? Should keep area rural. If not, how will you make the folks that this will impact whole? Seems only input from major land owners are considered. What about those who are minor land owners? I have read that it will not be “imminent domain” but it might as well be when you take away the rural area from those who choose to live here. There was a 20 year plan at some point that had a “494”type loop for traffic heading to redwing or the island. With the significant developments happening in East Rosemount. High likely hood of increased traffic through town. Good for business, but congestion is already an issue. Either design it to accommodate through traffic. Or to discourage it as a short cut to CR46/47. I love the idea of a park here - Hastings needs more parks!This should be a through street that is paved all of the way down Jacob Ave to 46 to ease the pressure on General Sieben and Vermillion\61 through town. This will allow people going to the cities or to completely bypass downtown and residential streets. A roundabout on 46 and 55 is highly recommended at Jacob Ave. Then a bypass from 46 to 61 and 316 is needed. “Concerns“Ideas“I Like ThisComment Categories: SOCIAL MAP SNAPSHOT Below is a high-level snapshot of select comments received on the project social map. A more comprehensive list of community comments received can be found on the City’s project webpage. X-C-01 21 RECOMMENDATIONS RECOMMENDATIONSPROJECT CONCEPTS The project concepts are the staple of this growth area plan. This visual plan details the consensus of land use, infrastructure needs, public amenities, and more built from this planning process. Three concepts were developed and narrowed down to one preferred concept based on feedback from staff, stakeholders, and the community. While this preferred plan doesn’t not necessarily define the exact development patterns and specific sites that will develop in the future. It will help the city guide any decision making and potential development projects that come forward to align as closely as possible to this desired planning direction. Buffer/Stormwater (SW) X-C-01 22 HWY 55+JACOB AVEGROWTH AREA PLAN PREFERRED CONCEPT The preferred concept emphasizes incorporating mostly low-density residential development to maintain Hastings’ small town character. Commercial concentration is featured as recommended from the market analysis to be located along Highway 55 and Jacob Ave, the key thoroughfares of this project area. Minimal high-density residential areas are identified on specific sites near the commercial land uses to support the housing need and provide foot traffic for the commercial areas. While medium-density residential areas buffer both the commercial and high-density residential uses from the low-density residential areas to reduce the impact of these use intensities and maintain the area’s intended character. Some commercial areas highlight opportunities for potential mixed-use to allow flexibility for multiple land uses either horizontal or vertical to accommodate market demands. There was also intentional acknowledgement to showcase an area reserved for employment- based industrial jobs, allowing for sufficient building square footage flexibility if needed. Additionally, the concept map demonstrates areas best supported for parks, open spaces, and stormwater locations to capture the suburban-urban park feel of this growth area. This design incorporates the People Movement Plan (2021) trail connections, favored transportation routes, and offers ideas for landscape buffering, creating a well-planned and protective urban environment that reflects the community’s desires and character. Medium Density Residential (MDR) Low Density Residential (LDR) High Density Residential (HDR) Mixed Use (MU) Precedent Images Commercial (C) Vertical Mixed Use (MU)Tech/Employment X-C-01 23 RECOMMENDATIONS Figure 3.1 Preferred Concept LAND USE ACERAGE % OF TOTAL LAND AREA Low Density Residential (LDR)+/- 290 Acres 47% Medium Density Residential (MDR)+/- 55 Acres 9% High Density Residential (HDR)+/- 25 Acres 4% Commercial (C)+/- 155 Acres 25% Existing School Property +/- 7 Acres 7% Employment +/- 35 Acres 6% Utility +/- 6 Acres 1%Park (NPSA) Table 3.1 Preferred Concept Land Use Table X-C-01 24 HWY 55+JACOB AVEGROWTH AREA PLAN PROPOSED LAND USES As the market scan indicated, the predominate land use in the growth area at nearly 50% is low-density residential. Single family homes are typical within the low-density residential category of land use and are shown both north and south of Highway 55. Along the Highway 55 corridor commercial uses are identified to take advantage of the traffic and visibility form the major roadway. High density residential and medium density residential surround the commercial areas. The plan also identifies two areas for neighborhood parks south of Highway 55. Two unique opportunities are identified in the land use plan. The first is a mixed-use area in the northeast quadrant of the Highway 55 and Jacob Avenue intersection. Here vertical and or horizontally mixed residential and commercial uses would exist in a tighter, more urban, and walkable development pattern. Secondly, an area of employment is identified in the northwest quadrant of the Highway 55 and Jacob Avenue intersection. Here, there is an opportunity to develop more of a tech/flex development for employment more of a critical mass of jobs with a higher jobs per square foot. This area is a gateway to the community and the plan envisions more of a higher quality architecture for the buildings in this area. The plan also suggests that areas in the quadrant may have the ability to flex between commercial and employment uses based on market conditions. City ofHastings JA C O B A V E JA C O B A V E 140TH STREET E140TH STREET E HASTINGS TRLHASTINGS TRL JA C O B A V E JA C O B A V E W 8TH STW 8TH ST55555555 S FRONTAGE RDS FRONTAGE RD 150TH S E150TH S E NOR T H R I D G E D R NOR T H R I D G E D R 4TH ST W4TH ST W 150TH S E150TH S E Low Density Residential (LDR) LEGEND Medium Density Residential (MDR) High Density Residential (HDR) Mixed Use (MU) Commercial/Retail (C) Stormwater (SW) Neighborhood ParkSearch Area (NPSA) Tree Preservation onSlopes School Property Study Area Boundary Commercial/Employment Employment Figure 3.2 Land Use Diagram Precedent Images Tech/Employment Commercial (C) X-C-01 25 RECOMMENDATIONS Figure 3.3 Parks, Trails, Open Space + Stormwater Diagram PROPOSED PARK/TRAIL/OPEN SPACE + STORMWATER IMPROVEMENTS The network of parks trails and opens spaces for the growth area are highlighted above. Two neighborhood parks are planned south of Highway 55 to support the surrounding development. Additionally, a small neighborhood green is envisioned to provide opens space needs for the mixed-use area in the NW quadrant of Highway 55 and Jacob Avenue. The collector roadway network throughout the development provides the network of trails to connect people to parks and other destinations, as well as tie back to the Scenic Circuit trail loop throughout Hastings. On the far western edge of the growth area steeper topography exists along a broad valley. The plan envisions preservation of natural resources and vegetation along the steep slopes, integrating a multi-use trail along the lower sections of the preserve and connecting this trail to neighborhood parks and underneath of Highway 55 with a grade separated trail crossing of the busy roadway. Stormwater treatment approach responds to the existing topography on the site and seeks to balance development phasing with an incremental approach to stormwater ponds. The plan shows approximate locations for stormwater treatment based on property ownership, planned roadways, and anticipated land uses. Greenway Connections with Stormwater Treatment Neighborhood Park While the study area doesn’t have a regional, state, or greenway trail in direct proximity, the City of Hastings has a number of them within and surrounding its boundaries that pose a unique opportunity for future connections. The City’s 10-mile Scenic Loop (established in the City of Hasting’s People Movement Plan) is close to the project site, and links up with many of these other trail systems. X-C-01 26 HWY 55+JACOB AVEGROWTH AREA PLAN PROPOSED TRANSPORTATION Highway 55 Highway 55 is a state highway with jurisdictional control by MNDOT. The plan anticipates a full movement access intersection at Highway 55 and Jacob Avenue as well as ¾ access intersections approximately ¼ mile east and west of Jacob Avenue. These ¾ access points allow for controlled left turns into commercial development but prohibit left turn movements out of the development areas for safety reasons. The 3/4 access movements are desired, but are pending MNDOT approval. Additionally, the plan anticipates the extension of the 4-lane section of Highway 55 near General Seiben Drive to extend further west as development occurs in this area over time. Jacob Avenue Jacob Avenue plays an important role both local and regional transportation patterns. Regionally, this north/south corridor connects Highway 55 to County Road 46 to the south, and overtime will help alleviate traffic on General Sieben Drive. The section above illustrates how this roadway would be designed to accommodate the traffic volumes, provide left turn lanes and landscape medians, and include multi-use trails and sidewalks for cyclists and pedestrians. 16’ Driving Lane & Shoulder10’ Sidewalk 20’ Median/Turn Lane ROW 95 -100’ 10’ Blvd 10’ Blvd 10’ Sidewalk16’ Driving Lane & Shoulder Figure 3.5 Jacob Ave Section JA C O B A V E JA C O B A V E 140TH STREET E140TH STREET E HASTINGS TRLHASTINGS TRL JA C O B A V E JA C O B A V E W 8TH STW 8TH ST5555 S FRONTAGE RDS FRONTAGE RD 150TH S E150TH S E NOR T H R I D G E D R NOR T H R I D G E D R 150TH S E150TH S E 4TH ST W4TH ST W 5555 F 3/43/4 4 Lanes 4 Lanes2 Lanes F The extension of 1st Street W. (north of the High School), 4th Street W. (south of the High School), the South Frontage Road (behind Cub Foods), 15th Street, and Northridge Drive at the very south of the growth area provide additional east/ west connections and create the framework collector roadways for the growth area. Each of these roadways would have sidewalks and multi-use trails to support multi-modal activity. Additional north/south collector sized roadways are planned to connect the ¾ intersections of Highway 55 through the commercial development area and to connect to other east/west collector roadways to create multiple circulation routes for traffic. Figure 3.4 Transportation Diagram *3/4 Access or Roundabout Access Pending MnDOT Approval X-C-01 27 RECOMMENDATIONS ?ØA@ 4TH ST W GENERALSIEBEN DR WYN D H A M HIL L DR STEEPLE LN GREYSTONERD RO S E WAY HIGHWAY 55 15TH ST W TIERNEYDR SIE R R A DR SE T O N CT 14TH ST W SUNSETDR CARLETON DR OAKHILLDR NORTHRIDGEDR CARRIAGE HILLCT DELLRIDGECT OC O N N E L L D R SOUTHFRONTAGERD CA R L E T O N PL 14THCTW FALLBROOKEDR UNNAMED ST RIDGEPOIN TE DR BRANDLEWOODCT COBBLE ST ONECT 150THSTE NORTH FRONTAGE RD 140TH ST E PR I N G L E C T WOODCLIFFETRL WESTPOINTE DR ERI C K S O N D R 13THSTW MARKET BLVD JA C O B A V E 145TH ST E 9 6 0 950 940 92 0 91 0 90 0 880 940 920 91 0 900 880 940 930 920 910 900 930 920 880870 850 840 91 0 90 0 900 890 890 8 8 0 87 0 860 910 900 910 900 890 87 0 910 910 900 88 0 88 0 860 89 0 850 93 0 930 9 4 0 91 0 910 940 95 0 94 0 920 930 910 900 91 0 910 900 900 900 900 900 900 89 0 89 0 880 880 890 870870 83 0 9 0 0 Dakota County, Maxar F 0 0.25 0.50.13 Miles Legend Sanitary Districts North West West Central Sewer Manholes Lift Station Sewer Gravity Main Minor Watersheds Major Watershed StudyArea Hastings City Limits 10' Contours Proposed Sanitary Features Lift Station Manhole Proposed Sanitary Lines Gravity Main Force Main SANITARY SEWER IMPROVEMENTSIMMEDIATE AVAILABILITY • The area identified for immediate development, as shown on the previous map, can connect to the existing sanitary sewer system in one of three areas. -Proposed connection 1 would be at the 4th Street Connection (1), at the east side of the proposed study area limits. Proposed development will need to consider downstream capacity as part of that planning effort. The proposed sanitary sewer could be extended to serve the majority of the area east of Jacob Avenue between Highway 55 and 4th St W. The intent of this connection point is to show that it is possible serve a smaller scale development area separated from the remainder of the sewershed area by the existing ridge immediately to the west. -Proposed connection 2 would be a connection at either South Frontage Road (2A) or 13th St W (2B), at the east side of the proposed study area limits. No current modeling information is available for the downstream sanitary system in this area. The proposed sanitary sewer could be extended to temporarily serve a small area east of Jacob Avenue between 150th St. E and 14th St. W, pending modeling analysis. At some point during area development and trunk sewer construction, flows would be bulkheaded and rerouted south with the trunk sewer to eliminate prolonged impacts to the 13th street sewer caused by initial development. It should be noted that this sewer is privately owned and maintained and that the comprehensive plan did not anticipate extending sewer from this area. -Proposed connection 3 would be a connection at 14th St W (3A), 15th St W (3B), or a combination of both, at the east side of the proposed study area limits. Based on existing system analysis done by WSB for the Augustine property, the downstream system has 300 REU capacity remaining downstream. The proposed sanitary sewer could be extended to serve the area east of Jacob Avenue between 150th St E and 14th St W. • The sanitary system developed during this phase would serve as the basis for the following phase of development. Figure 3.6 Sanitary Sewer Diagram NEXT PHASE • After review of existing contours and connectivity to the current sanitary system, this area is proposed to be served with a gravity sewer system. The majority of this area is separated from the downstream area by higher elevation topography. This downstream end of the system would be served by a lift station at a location similar to what is shown in the map where wastewater would be pumped to the next downstream manhole in the sanitary sewer system. LONG-TERM PHASE • The long-term phase development, as it relates to sanitary sewer, would need to be completed between the upgraded General Sieben lift station north to the first phase sanitary sewer system where flow could be switched based on planning and depth of this phase of the trunk sanitary sewer. A secondary trunk sanitary sewer would extend west and north from the upgraded General Sieben lift station (4) in order to capture flows from the remaining areas to be serviced. As noted in the 2020 Comprehensive Sanitary Sewer Plan, additional analysis is required to determine available downstream interceptor capacity needs along with any upsizing needs. ?ØA@ 4TH ST W GENERALSIEBEN DR WYN D H A M HILL DR STEEPLE LN GREYSTONERD RO S E WA Y HIGHWAY 55 15TH ST W TIERNEYDR SIE R R A DR SE T O N CT 14TH ST W SUNSETDR CARLETONDR OAKHILLDR NORTHRIDGEDR CARRIAGE HILLCT DELLRIDGECT OC O N N E L L D R SOUTHFRONTAGE RD CA R L E T O N PL 14THCTW FALL BROOKEDR UNNAMED ST RIDGEPOIN TE D R BRANDLEWOODCT COBBLESTO N E C T 150THSTE NORTH FRONTAGE RD 140TH ST E PR I N G L E C T WOODCLIFFE TRL WESTPOINTE DR ER I C K S O N D R 13THSTW MARKET BLVD JA C O B A V E 145TH ST E 9 6 0 950 94 0 92 0 91 0 90 0 88 0 940 920 91 0 900 880 940 930 920 910 900 930 920 880870 850 840 91 0 90 0 900 890 890 8 8 0 87 0 860 910 900 910 900 890 8 7 0 910 91 0 900 88 0 8 8 0 860 89 0 850 93 0 930 9 4 0 91 0 910 940 95 0 94 0 920 930 910 900 91 0 910 900 900 900 900 900 900 89 0 89 0 880 880 890 870870 83 0 9 0 0 Dakota County, Maxar F 0 0.25 0.50.13 Miles Legend Sanitary Districts North West West Central Sewer Manholes Lift Station Sewer Gravity Main Minor Watersheds Major Watershed StudyArea Hastings City Limits 10' Contours Proposed Sanitary Features Lift Station Manhole Proposed Sanitary Lines Gravity Main Force Main ?ØA@ 4TH ST W GENERALSIEBEN DR WYN D H A M HILL DR STEEPLE LN GREYSTONERD RO S E WA Y HIGHWAY 55 15TH ST W TIERNEYDR SIE R R A DR SET O N CT 14TH ST W SUNSETDR CARLETONDR OAKHILLDR NORTHRIDGEDR CARRIAGE HILLCT DELLRIDGECT OCO N N E L L D R SOUTHFRONTAGERD CA R L E T O N PL 14THCTW FALLBROOKEDR UNNAMED ST RIDGEPOINT E D R BRANDLEWOODCT COBBLESTONECT 150THSTE NORTH FRONTAGE RD 140TH ST E PR I N G L E C T WOODCLIFFE TRL WESTPO INTEDR ER I C K S O N D R 13THSTW MARKET BLVD JA C O B A V E 145TH ST E 9 6 0 950 94 0 92 0 91 0 90 0 88 0 940 920 91 0 900 880 940 930 920 910 900 930 920 880870 850 840 910 90 0 900 890 890 88 0 87 0 860 910 900 910 900 890 87 0 910 910 900 88 0 8 8 0 860 89 0 850 93 0 930 94 0 91 0 910 940 95 0 94 0 920 930 910 900 9 1 0 910 900 900 900 900 900 900 89 0 89 0 880 880 890 870870 83 0 90 0 Dakota County, Maxar F 0 0.25 0.50.13 Miles Legend Sanitary Districts North West West Central Sewer Manholes Lift Station Sewer Gravity Main Minor Watersheds Major Watershed StudyArea Hastings City Limits 10' Contours Proposed Sanitary Features Lift Station Manhole Proposed Sanitary Lines Gravity Main Force Main X-C-01 28 HWY 55+JACOB AVEGROWTH AREA PLAN WATERMAINIMMEDIATE AVAILABILITY • As shown in the figure, it is recommended that the initial water main loops are constructed as shown. It is recommended that a 0.5 MG High Zone Tower and a High Zone Booster Station precedes construction of any water main in the first phase of development. While a small portion of development may occur in the northeast quadrant of the highway 55/Jacob Ave. intersection presently, the addition of the water tower will unlock further development by supplying the necessary water pressure and fire flows. A proposed 10-inch connection is shown near the 4th St W water tower as well as at 15th St W. NEXT PHASE • Next Phase water main loops would be constructed during the next phase of development and include northern loops and 10” connection as shown in the figure.LONG-TERM PHASE • Long-term water main construction would coincide with sanitary trunk sewer construction in the remaining development areas as noted in the figure. ?ØA@ Text CONNECT TOEXISTING 10"WATER MAIN CONNECT TOEXISTING 18"WATER MAIN CONNECT TOEXISTING 10"WATER MAIN PROPOSED 0.5 MGHIGH ZONE TOWER 4TH STREETWATER TOWER FUTUREWELL #9 4TH ST W GENERALSIEBEN DR WYN D H A M HIL L DR STEEPLE LN GREYSTONE RD RO S E WA Y HIGHWAY 55 15TH ST W TIERNEYDR SIE R R A DR SE T O N CT 14TH ST W SUNSETDR CARLETON DR OAKHILLDR NORTHRIDGEDR CARRIAGE HILLCT DELLRIDGECT OC O N N E L L D R SOUTHFRONTAGE RD CA R L E T O N PL 14THCTW F ALLBROOKEDR UNNAMED ST RIDGEPOINTE DR BRA NDLEWOODCT COBBLE S TO NE CT 150THSTE NORTH FRONTAGE RD 140TH ST E PR I N G L E C T WOODCLIFFE TRL W ESTPOINTEDR ER I C K S O N D R 13THST W MARKET BLVD JA C O B A V E 145TH ST E Dakota County, Maxar F 0 0.25 0.50.13 Miles Legend Existing Water Tower Water Mains Proposed Well Proposed Water Tower Proposed Water Main Main Pressure Zone Study Area Hastings City Limits Figure 3.7 Watermain Diagram ?ØA@ Text CONNECT TOEXISTING 10"WATER MAIN CONNECT TOEXISTING 18"WATER MAIN CONNECT TOEXISTING 10"WATER MAIN PROPOSED 0.5 MGHIGH ZONE TOWER 4TH STREETWATER TOWER FUTUREWELL #9 4TH ST W GENERALSIEBEN DR WYN D H A M HIL L DR STEEPLE LN GREYSTONERD RO S E WA Y HIGHWAY 55 15TH ST W TIERNEYDR SI E R R A DR SE T O N CT 14TH ST W SUNSETDR CARLETON DR OAKHILLDR NORTHRIDGEDR CARRIAGE HILLCT DELLRIDGECT OC O N N E L L D R SOUTHFRONTAGE RD CA R L E T O N PL 14THCTW FALLBROOKE DR UNNAMED ST RIDGEPOINTE DR BRANDLEWOODCT COBB LESTONE CT 150TH STE NORTH FRONTAGE RD 140TH ST E PR I N G L E C T WOODCLIFFE TR L WES T POINTEDR ER I C K S O N D R 13TH STW MARKET BLVD JA C O B A V E 145TH ST E Dakota County, Maxar F 0 0.25 0.50.13 Miles Legend Existing Water Tower Water Mains Proposed Well Proposed Water Tower Proposed Water Main Main Pressure Zone Study Area Hastings City Limits X-C-01 29 IMPLEMENTATION IMPLEMENTATIONKEYS TO IMPLEMENTATION Successfully realizing the vision for this growth area plan involves several key factors, regardless of any of the property development timeline or form it will likely span many years to decades. This plan will likely need updates or decision making should adjust to changes in market conditions, consumer preferences, land ownership, and broader community goals. However, it is crucial to outline the vision from short-term opportunities that could compromise the long-term goals. With the planning outlined in this growth area plan, consistent policy implementation of previous planning efforts, and commitment to the vision, future development will naturally reach successes. This section provides an overview of the roles, actions, and investments required to achieve the full build-out of the growth area. PATIENCE Transformation of the Highway 55 + Jacob Avenue Growth Area Plan will not be implemented overnight. The time-frame for implementation reflects its evolutionary nature, looking forward over a period of years. The desired change often requires the patience to wait for the right things to happen, rather than making changes simply to be seen as doing something. X-C-01 30 HWY 55+JACOB AVEGROWTH AREA PLAN COMMITMENT Commitment to the growth area and patience go hand-in-hand. This study does more Than simply seek to attract new development to shovel ready sites in the City of Hastings, it provides a road map to enhance the entire growth area. Commitment to the Growth Area Plan means the willingness to actively promote public and private investments that align with the objectives of the study. It also requires the willingness by decision makers to deter developments which do not meet the objectives of the Growth Area Plan. Not all of these decisions will be easy or will they occur exactly as analyzed in this document. FINANCIAL REALITY Implementing the Growth Area Plan requires careful investment of public funds, but the private side of the financial equation must not be overlooked. New development and existing businesses will pay for their portion of the improvements called for in the plan. The Growth Area Plan seeks to balance the investment in public initiatives with the creation of a financial environment that sustains successful businesses and strong neighborhoods. STRATEGIC INVESTMENTS If financial support for the plan was unlimited, the need for strategic decisions would be less important. With limited funds, every expenditure is crucial. It is not possible to immediately undertake all of the initiatives described in the Growth Area Plan. Needs and opportunities not contemplated in the plan may arise in the future. Every investment must be evaluated for its impact on enhancing the overall growth area. X-C-01 31 IMPLEMENTATION BUSINESS AND PROPERTY OWNERS While the City influences the physical setting, the HWY 55 + Jacob Ave Growth Area Plan will become a place for commercial, employment, and mixed residential uses. Property owners interested in development will determine the type of retail, employment, and residential developments that meet the land use guidance provided in the growth area plan. Property owners will decide how to approach development of their property and carry forward their proposal to the City of Hastings. CITY OF HASTINGS The ultimate responsibility for implementing the recommendations of Growth Area Plan rests with the City of Hastings. The Planning Commission and City Council will provide direction on staff resources, review proposed development projects, and approve public investments. Responsibility for managing on-going development in the growth area will primarily fall on the Planning, Engineering, and Parks and Recreation Departments. COORDINATION EFFORTS While the City’ initiated this plan and its primary goal is to ensure this plan is properly implemented it should not be the sole responsibility of the City. There are many other authorities and resources that will need to be involved to undertake the actions prescribed in the plan. Achieving this will require ongoing collaboration of both public and private stakeholders including: PLANNING COMMISSION AND CITY COUNCIL The Planning Commission has the lead responsibility for evaluating the application of land use controls needed to implement the growth area plan. The Planning Commission advises the City Council on issues involving the establishment of and compliance with the Comprehensive Plan and the zoning, subdivision, shoreland, tree preservation, and sign ordinances. The Planning Commission also reviews residential, commercial, and industrial development proposals and makes recommendations to the City Council according to the goals and objectives of the Comprehensive Plan. COMMUNITY-AT-LARGE The community of Hastings must stay involved as development continues over time. The community must work together with decision-makers and provide the necessary input on any new development proposals. The community should provide comment on whether the proposed project meets the vision set forth in the growth area plans while respecting existing land owners’ desires. Ultimately, the community must: • Provide a singular focus for the plan. The knowledge gained from the planning process will allow members of the community to comment on development proposals efficiently and effectively. • Continue public involvement. Continue to attend public meetings, or provide comments and suggestions to proposals as they come forward. The City Council sets the foundation for implementing the growth area plan consistent with the overall mission of the City. While other bodies play key roles in the implementation process, important development powers reside with the City Council. Among the powers that may be needed to undertake public initiatives in the growth area are: • Allocate money in the annual budget to capital improvements. • Approve the establishment of potential tax increment financing (TIF) districts. • Levy of special assessments for public improvements. • Issuance of general obligation bonds to finance development and improvement projects. X-C-01 32 HWY 55+JACOB AVEGROWTH AREA PLAN PHASING The ultimate phasing of development in this area will be dependent on a variety of factors based on the specific geographic location that development is projected to happen in the near term and a number of infrastructure improvements that will need to be made in this area to allow development to occur. Individual projects will have their own lateral infrastructure improvements such as local roads, water, sanitary sewer and storm sewer systems. ?ØA@ CONNECTION 1 CONNECTION 2A CONNECTION 2B CONNECTION 3A CONNECTION 3B 4TH ST W GENERALSIEBENDR TIERNEY DR WYN D H A M HIL L DR STEEPLE LN GREYSTONERD ROSE WAY HIGHWAY 55 15TH ST W SIERR A DR CARLETONDR OAKHILLDR NORTHRIDGEDR CARRIAGE HILLCT DELLRIDGECT SOUTHFRONTAGERD CA R L E T O N PL 14THCTW FALLBROOKEDR UNNAMED ST RIDGEPOIN TE D R BRANDLEWOODCT COBB LE STONE CT 150TH STE NORTH FRONTAGE RD 140TH ST E PR I N G L E C T WOODCLIFFE TRL WEST POINTEDR ER I C K S O N D R JA C O B A V E 145TH ST E 9 6 0 950 94 0 92 0 91 0 90 0 880 940 920 91 0 900 880 940 930 920 910 900 930 920 880 870 850 840 910 900 900 890 890 8 8 0 87 0 860 910 900 910 900 890 8 7 0 910 910 900 88 0 880 89 0 850 93 0 930 9 4 0 91 0 910 940 95 0 94 0 920 930 910 900 9 1 0 910 900 900 900 900 900 900 89 0 89 0 880 880 890 870870 83 0 9 0 0 Dakota County, Maxar F 0 0.25 0.50.13 Miles Legend Sanitary Districts North West West Central Sewer_Manholes Lift Station Sewer Gravity Main Sewer_Force_Main Minor Watersheds Major Watershed StudyArea Hastings City Limits 10' Contours Proposed Sanitary Features Lift Station - Next Phase Lift Station - Long-Term Phase Manhole - Immediate Availability Manhole - Next Phase Manhole - Long-Term Phase Proposed Force Main - NextPhase Proposed Force Main - Long-Term Phase Proposed Gravity Main -Immediate Availability Proposed Gravity Main - NextPhase Gravity Main - Long-Term Phase Immediate Availability Long Term Phase Next Phase IMMEDIATE AVAILABILITY • Commercial/Mixed Use area north of Hwy. 55 • Some Commercial and up to approximately 300 units of residential south of Hwy. 55 NEXT PHASE • Sanitary sewer upgrade is needed along with extension of trunk sewer to the north from the southern boundary of the St. Elizabeth Ann Seton Catholic Church site as well as a lift station to General Sieben Drive. This will open up a larger portion of the southern half of the growth area LONG-TERM PHASE • Sanitary sewer lift station and force main on the north side of Hwy. 55 will be needed to pump back to the previous phase • Additional Water Tower needed with development in this area Figure 4.1 Phasing Diagram ?ØA@ CONNECTION 1 CONNECTION 2A CONNECTION 2B CONNECTION 3A CONNECTION 3B 4TH ST W GENERALSIEBEN DR TIERNEY DR WYN D H A M HILL DR STEEPLE LN GREYSTONERD ROSE WAY HIGHWAY 55 15TH ST W SIERRADR CARLETONDR OAKHILLDR NORTHRIDGEDR CARRIAGE HILLCT DELLRIDGECT SOUTHFRONTAGERD CA R L E T O N PL 14THCTW FAL LBROOKEDR UNNAMED ST RIDGEPOIN T E D R BRANDLEWOODCT COBBLEST O N E C T 150TH STE NORTH FRONTAGE RD 140TH ST E PR I N G L E C T WOODCLIFFE TRL WESTPOINTEDR ER I C K S O N D R JA C O B A V E 145TH ST E 9 6 0 950 94 0 92 0 91 0 90 0 88 0 940 920 91 0 900 880 940 930 920 910 900 930 920 880870 850 840 91 0 90 0 900 890 890 88 0 87 0 860 910 900 910 900 890 87 0 910 91 0 900 88 0 880 89 0 850 93 0 930 9 4 0 91 0 910 940 95 0 94 0 920 930 910 900 9 1 0 910 900 900 900 900 900 90 0 89 0 89 0 880 880 890 870870 83 0 9 0 0 Dakota County, Maxar F 0 0.25 0.50.13 Miles Legend Sanitary Districts North West West Central Sewer_Manholes Lift Station Sewer Gravity Main Sewer_Force_Main Minor Watersheds Major Watershed StudyArea Hastings City Limits 10' Contours Proposed Sanitary Features Lift Station - Next Phase Lift Station - Long-Term Phase Manhole - Immediate Availability Manhole - Next Phase Manhole - Long-Term Phase Proposed Force Main - NextPhase Proposed Force Main - Long-Term Phase Proposed Gravity Main -Immediate Availability Proposed Gravity Main - NextPhase Gravity Main - Long-Term Phase Immediate Availability Long Term Phase Next Phase X-C-01 33 IMPLEMENTATION APPENDIXMARKET ANALYSIS PRESENTATION Market Analysis for theHWY 55 + Jacob Ave Growth Area Plan Prepared for HKGi and the City of Hastings September 4, 2024 HWY 55 + Jacob Ave Growth Area Plan Market AnalysisPrepared for HKGiand the City of HastingsSeptember 4, 2024 2 Key Findings and Recommendations X-C-01 34 HWY 55+JACOB AVEGROWTH AREA PLAN HWY 55 + Jacob Ave Growth Area Plan Market AnalysisPrepared for HKGi and the City of HastingsSeptember 4, 2024 3 Key Findings and Recommendations from the Market Analysis Focus initial development on residential projects closer to but not immediately adjacent to the Highway 55 and Jacob Ave intersection Set aside parcels immediately adjacent to the intersection for retail development Look for opportunities to develop higher density residential uses nearer to existing and planned commercial areas Improve Jacob Ave to enhance connectivity through the site Plan for long-term buildout of area—20+ years Take opportunity to develop trail and park system through the area Expect near-term industrial demand to be satisfied by available industrial parcels in the existing business park Plan for long-term industrial development to occur outside of the Growth Area on parcels immediately adjacent to County Road 46 Recommendations Residential Overall, the site would work well for residential development Absorption of single-family/townhomes has been steady, despite market swings, interest rate spikes, etc. Developers have brought several new rental projects to the market, but absorption has been strong Restaurant and Retail Retail would work well at parcels immediately adjacent to the Highway 55 and Jacob Ave intersection Retail absorption has been slow in the PMA Industrial Sites closer to County Road 46 outside of the Growth Area are better candidates for industrial Key Findings HWY 55 + Jacob Ave Growth Area Plan Market AnalysisPrepared for HKGi and the City of HastingsSeptember 4, 2024 4 Demand Estimates for HWY 55 + Jacob Ave Growth Area Density 2025-2030 2030-2040 Single-Family Homes 3.0 units per acre 140 – 150 units47.0 – 50.0 acres 170 – 180 units57.0 – 60.0 acres Townhomes and Twinhomes 12.0 units per acre 60 – 70 units 5.0 – 6.0 acres 75 – 85 units 6.3 – 7.0 acres Apartments 25.0 units per acre 140 – 150 units 5.6 – 6.0 acres 170 – 180 units 6.8 – 7.2 acres Restaurant and Retail 10,000 sq. ft. per acre 15,000 – 20,000 sq. ft. 1.5 – 2.0 acres 18,000 – 24,000 sq. ft. 1.8 – 2.4 acres X-C-01 35 IMPLEMENTATION HWY 55 + Jacob Ave Growth Area Plan Market AnalysisPrepared for HKGi and the City of HastingsSeptember 4, 2024 5 Market Analysis for HWY 55 + Jacob Ave Growth Plan HWY 55 + Jacob Ave Growth Area Plan Market AnalysisPrepared for HKGi and the City of HastingsSeptember 4, 2024 6 Market Analysis for HWY 55 + Jacob Ave Growth Area Plan Purpose Provide market analytics to guide HWY 55 + Jacob Ave Growth Area Plan Market Analysis Single-family homes Townhomes and twinhomes Multifamily apartment buildings Restaurant and retail space Industrial and office X-C-01 36 HWY 55+JACOB AVEGROWTH AREA PLAN HWY 55 + Jacob Ave Growth Area Plan Market AnalysisPrepared for HKGi and the City of HastingsSeptember 4, 2024 7 HWY 55 + Jacob Ave Area Defined The red boundary marks the study area on the edge of the city of Hastings HWY 55 + Jacob Ave Growth Area HWY 55 + Jacob Ave Growth Area Plan Market AnalysisPrepared for HKGi and the City of HastingsSeptember 4, 2024 8 Site Analysis: Traffic Counts in and near HWY 55 + Jacob Ave Area Highway 55, east of the HWY 55 + Jacob Ave Area: 14,900 vehicles per day Highway 55, east of the HWY 55 + Jacob Ave Area: 12,200 vehicles per day Source: ESRI; LOCi Consulting LLC X-C-01 37 IMPLEMENTATION HWY 55 + Jacob Ave Growth Area Plan Market AnalysisPrepared for HKGi and the City of HastingsSeptember 4, 2024 9 Site Analysis: HWY 55 + Jacob Ave Growth Area Strengths Large, vacant parcels create open opportunity for development Highway 55 provides excellent connectivity to Minneapolis and southeastern suburbs Existing (unpaved) connectivity to County Road 46 along Jacob Ave. New housing growth already on the edge of the development Could be gateway district to Hastings Close to strong retail node along Highway 55, and high school and Dakota County Government Center Deeper development creates buffered opportunities for residential Weaknesses Size means longer development timeline Jacob Avenue is currently unpaved–connectivity to County Road 46 is limited Deeper areas of development south and north of Highway 55 are not good for commercial Interchange at County Road 46 and Highway 52 is more intuitive than Highway 55 and Highway 52 HWY 55 + Jacob Ave Growth Area Plan Market AnalysisPrepared for HKGi and the City of HastingsSeptember 4, 2024 10 Drive-Time Rings around HWY 55 + Jacob Ave Area Primary Market Area (PMA) is generally defined using a 15-minute drive time For residential demand, it is assumed that 10% of demand would come from outside of the PMA For retail demand, it is estimated that 20% of retail spend generated within the PMA is lost to retailers outside of the PMA (often called “leakage”) HWY 55 + Jacob Ave Source: ESRI; LOCi Consulting LLC X-C-01 38 HWY 55+JACOB AVEGROWTH AREA PLAN HWY 55 + Jacob Ave Growth Area Plan Market AnalysisPrepared for HKGi and the City of HastingsSeptember 4, 2024 11 Primary Market Area (PMA) for the HWY 55 & Jacob Ave Growth Area Cities and townships included: Hastings Nininger township Coates Douglas township Empire township Hampton Hampton township Marshan township HWY 55 + Jacob Ave Source: ESRI; Maxfield Research Inc.; LOCi Consulting LLC Miesville New Trier Ravenna township Rosemount Vermillion Vermillion township Welch township HWY 55 + Jacob Ave Growth Area Plan Market AnalysisPrepared for HKGi and the City of HastingsSeptember 4, 2024 12 Demographics: Population and Population Growth The population of the PMA is about 64,000 in 2024 The city of Hastings population is about 22,000 The population growth rate of the PMA overall is higher than city of Hastings, the Metro Area, and the state 1 Population and Population Growth Census Census Estimate Forecast 2010 2020 2024 2029 2010-2024 2024-2029 Trade Area 55,912 60,578 63,608 68,380 0.9%1.5% Drive Time Ring Areas 5-Minute Drive Time 10,900 10,605 10,620 10,544 -0.2%-0.1% 10-Minute Drive Time 23,668 23,685 24,030 24,821 0.1%0.6% 15-Minute Drive Time 52,228 56,066 58,674 61,994 0.8%1.1% Comparison Areas City of Hastings 22,176 22,154 22,477 23,149 0.1%0.6%Dakota County 398,552 439,882 453,908 466,612 0.9%0.6%Twin Cities Metro Area 3,333,633 3,690,261 3,790,663 3,894,503 0.9%0.5%United States 308,745,538 331,449,281 338,440,954 344,873,411 0.7%0.4% * Twin Cities Metro Area is Minneapolis-St. Paul-Bloomington CBSA.. Source: US Census Bureau; ESRI; LOCi Consulting LLC Annual Growth Rate X-C-01 39 IMPLEMENTATION HWY 55 + Jacob Ave Growth Area Plan Market AnalysisPrepared for HKGi and the City of HastingsSeptember 4, 2024 13 Demographics: Households and Household Growth The PMA has about 24,000 households in 2023 The PMA is projected to add about 1,700 new households Based on the drive-time rings, higher growth is projected in areas of the PMA farther from the site 2 Households and Household Growth Census Census Estimate Forecast 2010 2020 2024 2029 2010-2024 2024-2029 Trade Area 20,511 22,617 23,626 25,356 1.0%1.4% Drive Time Ring Areas 5-Minute Drive Time 4,410 4,495 4,484 4,470 0.1%-0.1% 10-Minute Drive Time 9,284 9,653 9,780 10,126 0.4%0.7% 15-Minute Drive Time 19,945 21,706 22,519 23,747 0.9%1.1% Comparison Areas City of Hastings 8,737 9,129 9,260 9,584 0.4%0.7% Dakota County 152,060 168,008 173,920 179,637 1.0%0.6%Twin Cities Metro Area 1,293,601 1,434,315 1,479,626 1,530,379 1.0%0.7%United States 116,716,292 126,817,580 130,716,571 134,930,577 0.8%0.6% * Twin Cities Metro Area is Minneapolis-St. Paul-Bloomington CBSA.. Source: US Census Bureau; ESRI; LOCi Consulting LLC Annual Growth Rate HWY 55 + Jacob Ave Growth Area Plan Market AnalysisPrepared for HKGi and the City of HastingsSeptember 4, 2024 14 Demographics: Long-Term Population, Household, and Employment Projections 3 Long-Term Population, Household, and Employment Projections Census Census Estimate Forecast2020203020402050 2020-2030 2030-2040 2040-2050 Population Primary Market Area 60,317 68,030 71,690 80,281 7,713 3,660 8,591 City of Hastings 22,154 23,567 24,655 26,523 1,413 1,088 1,868 Households Primary Market Area 22,517 25,893 27,904 31,382 3,376 2,011 3,478 City of Hastings 9,129 9,843 10,485 11,330 714 642 845 Employment Primary Market Area 16,791 21,385 23,945 28,472 4,594 2,560 4,527 City of Hastings 6,972 8,187 8,581 9,027 1,215 394 446 * Proposed Forecasts issued 8/12/2024. Source: Metropolitan Council; LOCi Consulting LLC Projected Change Metropolitan Council has preliminary estimates available for projected population, households, and employment, 2020 to 2050 Growth is projected to slow somewhat between 2030-2040 Demand forecasts account for this projected slow down X-C-01 40 HWY 55+JACOB AVEGROWTH AREA PLAN HWY 55 + Jacob Ave Growth Area Plan Market AnalysisPrepared for HKGi and the City of HastingsSeptember 4, 2024 15 Demographics: Consumer Expenditure 4 Consumer Spending in Retail Categories In the PMA Estimate Forecast Growth202420292024-2029 Apparel and Accessories $69,222,656 $75,136,782 $5,914,126 Electronics $50,075,747 $54,190,779 $4,115,032 Pets $29,658,589 $32,153,026 $2,494,437 Toys $5,267,924 $5,699,239 $431,315Sporting Goods $9,998,444 $10,929,136 $930,692Books$3,979,168 $4,300,033 $320,865Groceries$208,329,641 $225,591,017 $17,261,376Restaurants$116,188,807 $126,227,831 $10,039,024Liquor$18,714,001 $20,275,280 $1,561,279 Pharmacy $21,036,827 $22,712,446 $1,675,619 Furniture and Home Improvement $79,702,968 $86,507,498 $6,804,530 Household and Personal Care $42,109,235 $45,616,318 $3,507,083 Total $654,284,007 $709,339,384 $55,055,377 * Data is shown in 2024 Dollars, adjusted from ESRI projection. ESRI assumes 2.5% inflation. Source: US Census Bureau; ESRI; LOCi Consulting LLC HWY 55 + Jacob Ave Growth Area Plan Market AnalysisPrepared for HKGi and the City of HastingsSeptember 4, 2024 16 Demographics: Grocery and restaurants are projected to see the highest growth 5 Forecasted Growth in Consumer Spending in the PMA, 2024-2029 * Data is shown in 2024 Dollars, adjusted from ESRI projection. ESRI assumes 2.5% inflation. Source: US Census Bureau; ESRI; LOCi Consulting LLC $0 $5,000,000 $10,000,000 $15,000,000 $20,000,000 $25,000,000 Apparel and Accessories Electronics Pets Toys Sporting Goods Books Groceries Restaurants Liquor Pharmacy Furniture and Home Improvement Household and Personal Care X-C-01 41 IMPLEMENTATION HWY 55 + Jacob Ave Growth Area Plan Market AnalysisPrepared for HKGi and the City of HastingsSeptember 4, 2024 17 Building Permits: Hastings is averaging 114 housing unit permits and three commercial building permits per year since 2019 6 Building Permit in the City of Hastings, 2019-2023 2019 2020 2021 2022 2023 Total Housing Units 74 21 40 228 207 Single-Family Structures 14 21 39 33 23 Townhomes and Twinhomes 0 0 0 0 2 Multifamily Units 60 0 1 195 182 Commercial Buildings 1 2 3 5 2 Source: Minnesota Department of Labor and Industry; LOCi Consulting LLC 0 50 100 150 200 250 2019 2020 2021 2022 2023 Total Housing Units Commercial Buildings HWY 55 + Jacob Ave Growth Area Plan Market AnalysisPrepared for HKGi and the City of HastingsSeptember 4, 2024 18 Residential Market: With rising interest rates, existing home sales have cooled slightly in Hastings, following national trends 7 Residential Real Estate Transactions in Hastings Source: Multiple Listing Service; LOCi Consulting LLC 416 425 434 406 325 2019 2020 2021 2022 2023 8 Median Sales Price of Home Sales in Hastings *2024 YTD is rolling 12-months from Julty 2024. Source: Multiple Listing Service; LOCi Consulting LLC $244,000 $260,000 $295,000 $311,150 $295,000 $330,000 2019 2020 2021 2022 2023 2024 YTD 9 Average Days on the Market for Home Sales in Hastings *2024 YTD is rolling 12-months from Julty 2024. Source: Multiple Listing Service; LOCi Consulting LLC 45 45 20 22 31 32 2019 2020 2021 2022 2023 2024 YTD X-C-01 42 HWY 55+JACOB AVEGROWTH AREA PLAN HWY 55 + Jacob Ave Growth Area Plan Market AnalysisPrepared for HKGi and the City of HastingsSeptember 4, 2024 19 Residential Market: Recently Marketing or Sold For-Sale Home Developments in the PMA Source: MLS, websites, interviews, LOCi Consulting LLC Development Units Square Footage Price Points Estimated Units per Acre Heritage Ridge Single-Family &Detached Townhomes2021 79 (50 sold)1,296 – 3,354 $391,900 - 584,900 3.0 (26.6-acre development) Villas at Pleasant Detached Townhomes 2021 32 (25 Sold)1,418 - 2,832 $500,000+3.2 (9.9-acre development) HWY 55 + Jacob Ave Growth Area Plan Market AnalysisPrepared for HKGi and the City of HastingsSeptember 4, 2024 20 Residential Market: New rental product developed in the market has pushed the vacancy rate up, but rents are still seeing growth 10 Vacancy Rates for Market-Rate Rental Housing in the PMA * Data is Q1 2018 to Q2 2024 Source: CoStar; LOCi Consulting LLC 11 Average Rent for Market-Rate Rental in the PMA * Data is Q1 2018 to Q2 2024 Source: CoStar; LOCi Consulting LLC X-C-01 43 IMPLEMENTATION HWY 55 + Jacob Ave Growth Area Plan Market AnalysisPrepared for HKGi and the City of HastingsSeptember 4, 2024 21 Residential Market: The PMA has seen an average rental unit absorption of about 60 units per year since 2018 12 Annual Aborption of Units for Market-Rate Rental in the PMA * Data is Q1 2018 to Q2 2024 Source: CoStar; LOCi Consulting LLC HWY 55 + Jacob Ave Growth Area Plan Market AnalysisPrepared for HKGi and the City of HastingsSeptember 4, 2024 22 Residential Market: Recently Constructed Rental in the PMA—Since 2019 Source: Websites, interviews, Costar, LOCi Consulting LLC Development Units Vacancies Square Footages Rents Estimated Units per Acre Current 33325 33rd St W 2024 216 16 530 - 1,195 $1,230 - 2,248 20.0(10.8-acre development) Isabelle Flats Apartments 412 3rd St. E. 2024 89 25 555 - 1,114 $1,177 - 2,035 27.8(3.2-acre development) Vermillion Shores II 950 31st St. W.2020 60 0 750 - 1,157 $995 - 1,495 10.9 (5.48-acre development) Voyager Estates2400 Voyageur Parkway2019 88 4 973 – 1,285 $946 - $2,000 18.6(4.74-acre development) X-C-01 44 HWY 55+JACOB AVEGROWTH AREA PLAN HWY 55 + Jacob Ave Growth Area Plan Market AnalysisPrepared for HKGi and the City of HastingsSeptember 4, 2024 23 Retail Market: Vacancy rates for retail are generally higher than the Metro Area (6.3% vs. 2.5%) and absorption over the last 10 years has been relatively flat 14 Average Lease and Vacancy Rates for Retail Space in the PMA * Data is Q1 2018 to Q2 2024. Rents are average for NNN leases. Source: CoStar; LOCi Consulting LLC 15 Net 12-Month Absorption for Retail Space in the PMA * Data is Q1 2018 to Q2 2024 Source: CoStar; LOCi Consulting LLC Restaurants and Retail Businesses in the Hastings Area HWY 55 + Jacob Ave Growth Area X-C-01 45 IMPLEMENTATION HWY 55 + Jacob Ave Growth Area Plan Market AnalysisPrepared for HKGi and the City of HastingsSeptember 4, 2024 25 Retail Market: New Retail Constructed in Hastings since 2014 Development Year Built Square Footage Acreage Floor Area Ratio 1726 Vermillion St – Kentucky Fried Chicken 2023 2,500 0.67 0.09 1217 Vermillion St—Jersey Mike’s 2022 2,000 0.31 0.15 1465 N Frontage Rd—Aspen Dental 2018 4,513 0.64 0.16 1316 S Frontage Rd—Auto Zone 2015 6,587 1.03 0.15 1630 Vermillion St—Kwik Trip 2015 7,846 0.95 0.19 1411 Vermillion St—CVS 2014 13,225 1.77 0.17 Source: Costar, Dakota County GIS, websites, interviews, LOCi Consulting LLC HWY 55 + Jacob Ave Growth Area Plan Market AnalysisPrepared for HKGi and the City of HastingsSeptember 4, 2024 26 Industrial Market: Vacancy rates are very low in the PMA. Lower rents show increasing distribution uses. Absorption has averaged 18K sf per year (2014+) 16 Average Lease and Vacancy Rates for Industrial Space in the PMA * Data is Q1 2018 to Q2 2024. Includes industrial and flex space. Average rents are NNN. Source: CoStar; LOCi Consulting LLC 17 Net 12-Month Absorption for Industrial Space in the PMA * Data is Q1 2018 to Q2 2024. Includes industrial and flex space. Source: CoStar; LOCi Consulting LLC X-C-01 46 HWY 55+JACOB AVEGROWTH AREA PLAN HWY 55 + Jacob Ave Growth Area Plan Market AnalysisPrepared for HKGi and the City of HastingsSeptember 4, 2024 27 Industrial Market: New Industrial and Flex Constructed in the PMA since 2021 Source: Costar, Dakota County GIS, websites, interviews, LOCi Consulting LLC Development Year Built Square Footage Acreage Floor Area Ratio 3855 145th St E, Rosemount - FedEx 2024 548,000 97.05 0.13 12335 Margo Ave S, Hastings 2023 14,976 2.5 0.14 16555 Clayton Ave E, Rosemount 2023 36,728 20.39 0.04 3180 165TH St E, Rosemount 2023 28,800 10.02 0.07 523 31st St E, Hastings 2021 5,000 1.33 0.09 HWY 55 + Jacob Ave Growth Area Plan Market AnalysisPrepared for HKGi and the City of HastingsSeptember 4, 2024 28 Appendix: Demand Estimates X-C-01 47 IMPLEMENTATION HWY 55 + Jacob Ave Growth Area Plan Market AnalysisPrepared for the City of HastingsSeptember 4, 2024 A.1 For-Sale Housing Demand in the Growth Area, 2024 to 2029 Households in 2024 Households in 2029 Projected growth of the market Estimated percentage that will choose new for-sale housing Units needed to meet demand from household growth in the PMA Estimated number of households that own in the PMA in 2024 Pct. that will seek new for-sale housing between 2024 and 2029 Pct. that will choose new for-sale housing Units needed to meet demand from turnover in PMA Estimated demand from outside PMA Total Demand for For-Sale Housing in the PMA Units needed in the PMA Estimated demand in the Growth Area Source: LOCi Consulting LLC Demand in the PMA by Housing Type 1 Single-Family Townhomes 70%30% 1,416 607 Demand from Outside the PMA 10% 2,022 10% 61142 10% 1. Based on distribution of MLS listed new construction sold between 2020 and 2024. Demand from For-Sale Housing Turnover in the PMA 82% 1,426 25,356 1,730 Capturable by Growth Area Demand from Household Growth in the PMA 19,479 20% 10% 394 23,626 A.2 Rental Housing Demand in the Growth Area, 2024 to 2029 Households in 2024 Households in 2029 Projected growth of the market Estimated percentage that will choose new rental housing Units needed to meet demand from household growth in the PMA Estimated number of households that rent in the PMA in 2024 Pct. that will seek new rental housing between 2024 and 2029 Pct. that will choose new for-sale housing Units needed to meet demand from turnover in PMA Estimated demand from outside PMA Total Demand for For-Sale Housing in the PMA Estimated demand in the Growth Area Source: LOCi Consulting LLC 10% 146 Capturable by Growth Area 10% 1,460 20% 1,010 Demand from Outside the PMA 304 Demand from For-Sale Housing Turnover in the PMA 10,718 47% 25,356 1,730 18% Demand from Household Growth in the PMA 23,626 HWY 55 + Jacob Ave Growth Area Plan Market AnalysisPrepared for the City of HastingsSeptember 4, 2024 X-C-01 48 HWY 55+JACOB AVEGROWTH AREA PLAN A.3 Retail Space Demand in the Growth Area, 2024-2029 Increase in Consumer Demand in 2023 Dollars, 2023 to 2028 Percent of Consumer Demand Spent at Brick and Mortar Retail Demand from Brick-and-Mortar Retail in PMA Minus Leakage Sales to Outside of the PMA (Net of E-Commerce Sales) Equals Consumer Demand for Retail Sales in PMA Divided by Average Sales per Square Foot $450 -$550 Equals Demand for New Retail Space in PMA 68,000 -83,000 Estimated Percentage Capturable by Downtown Newport 20%-25%Equals Demand for New Retail Space in Downtown Newport 13,600 -20,750 Source: ESRI; LOCi Consulting LLC $55,055,377 20% $37,437,600 85% $46,797,000 HWY 55 + Jacob Ave Growth Area Plan Market AnalysisPrepared for the City of HastingsSeptember 4, 2024 HWY 55 + Jacob Ave Growth Area Plan Market AnalysisPrepared for HKGi and the City of HastingsSeptember 4, 2024 32 Data Resources and Study Limitations The data in this preliminary market analysis are compiled from a variety of sources, including interviews with city officials, property managers, and real estate salespeople, along with secondary demographic, economic, and competitive resources. Sources are identified in the tables and figures. LOCi Consulting believes that these sources are reliable. However, there is no way to authenticate this data and information. LOCi Consulting does not guarantee the data and assumes no liability for any errors in fact, analysis, or judgement. The data in this analysis includes the most recent information available at the time of this analysis. The findings, conclusions, and recommendations in this demand analysis are based on the best judgements and analysis at the time of the study. LOCi Consulting makes no guarantees or assurances that the projections or conclusions will be realized as stated. X-C-01 49 IMPLEMENTATION HWY 55 + Jacob Ave Growth Area Plan Market AnalysisPrepared for HKGi and the City of HastingsSeptember 4, 2024 33 Contact Information: Grant Martin Principal LOCi Consulting LLC 651-888-8464 grant@lociconsult.com https://www.lociconsult.com/ Services: •Market studies •Demographic analysis •Customer segmentation •Market identification •Market sizing •Competitive analysis •Geographic Information Systems (GIS) and site selection •Data analytics Thank you! X-C-01 City Council Memorandum To:Mayor Fasbender & City Councilmembers From:City Administrator Dan Wietecha Date:March 17, 2025 Item:Community Investment Fund Council Action Requested: Approve funding for one CIF project as outlined in this memo. Background Information: The City established the Community Investment Fund (CIF) four years ago to encourage community-driven project, foster collaboration with community organizations, and leverage financial support for projects. This year, three applications were received by the initial review deadline. The Finance Committee reviewed them 3/10/25 and recommended funding the following projects: •Dakota County Historic Society: $13,000 for signage, chicken feed dispenser, display cases, and furniture restoration at the LeDuc Estate. DCHS is providing $3,000 in matching funds and in-kind labor. •The Quarry Taphouse $30,000 for portable a mural on a prominent wall entering the downtown. The Quarry would provide $20,000. Owners of The Quarry are unable to attend the City Council meeting on March 17 and requested having this project on Council’s April 7 meeting, so they could attend and answer questions. They also had a question about whether they could apply about $2,400 of CIF previously awarded for design of the mural as additional funds towards the mural itself. The Finance Committee did not recommend funding the following project as presented: •BR4R: $10,000 for site selection and testing for Brown’s Chapel Memorial and Hastings Black History Trail. The Committee agreed these are vitally important projects for the community. The Committee was concerned that the City has funded two rounds of planning already. It would be very helpful for the application to include specific steps and X-E-01 a timeline for how this will move toward actually installing the projects. The itemized budget should specifically address items in the workplan and timeline. The Committee encouraged BR4R to reapply with a clear and detailed workplan for the next CIF review May 12. Financial Impact: Allocation of $13,000 is within the 2024 Budget. Applicant is matching this allocation with approximately $3,000 and in-kind labor to complete this project. Commission Discussion: Finance Committee (Vihrachoff*, Beck, Leifeld) reviewed applications 3/10/2025 Attachments: DCHS application X-E-01 1 Community Investment Fund City of Hastings PROGRAM INFORM ATI ON,GUIDELINES AND APPLI CATI ON INSTRUCTI ONS Contact: Parks & Recreation Director Chris Jenkins 651-480-6175 cjenkins@hastingsmn.gov updated 1/30/2025 X-E-01 2 HASTINGS COMMUNITY INVESTMENT FUND PROGRAM INFORMATION,GUIDELINES AND APPLICATION INSTRUCTIONS SECTION 2:ELIGIBILITY CONSIDERATIONS A.Location Eligibility for the Community Investment Fund is for projects within Hastings city limits and on public property. B.Eligible Projects Projects should be community-supported public amenities. Examples include (but not limited to): a.Streetscape beautification and walkability. b.Enhancements to parks or athletic facilities. c.Trails and non-motorized infrastructure. d.Public art. e.Improved access to public amenities. f.Tourism amenities. g.Historic preservation or commemoration. h.Studies to investigate otherwise eligible projects. i.Seed funding for pilot projects. SECTION 1:GENERAL PROVISIONS A.Purpose This is about community partnership. The City will use the Community Investment Fund (CIF) to create vibrant, community-supported, public projects.Vibrant projects contribute to a strong quality of life, sense of place, and Hastings’ identity. Community-supported projects demonstrate public awareness,civic engagement,and/or local momentum.Public projects are open and available for public use and enjoyment. B.Funding Amount The City of Hastings has budgeted $100,000 for this program in 2025.Applications will be accepted on an ongoing basis.First review will be March 10, 2025.Subsequent reviews will occur on May 12, August 12, and November 24, 2025 as funds are available.There is not a maximum grant award; however, the City may limit grants in order to fund multiple project applications. Matching dollars are not required by the CIF program but will help demonstrate community support, as well as help the CIF funds go further to partner with multiple projects. The City may carry-over any unused CIF funds to the following year, and the City may budget additional funding to the CIF. X-E-01 3 SECTION 3:APPLICATION PROCEDURES Applications will be accepted on an ongoing basis.First review will be March 10, 2025. Subsequent reviews will occur on May 12, August 12, and November 24, 2025 as funds remain available. Incomplete applications will not be accepted. A.Preliminary Meeting Prior to submission of an application, the potential applicant is encouraged to meet with City staff to discuss the proposed project and CIF requirements.Contact Parks & Recreation Director Chris Jenkins with questions (651-480-6175 or cjenkins@hastingsmn.gov). B.Application Format Applicants shall submit a CIF application package consisting of the following: a.Completed CIF Application form,including any supplementary information. b.Documentation of community engagement or support (such as surveys, letters of support, or funding commitments). C.Application Submittal The completed application and all required attachments shall be submitted electronically to: Parks & Recreation Director Chris Jenkins cjenkins@hastingsmn.gov SECTION 4:REVIEW PROCESS A.Review and Recommendation City staff will review the application for completeness and verification that the proposed project meets the standards and eligibility requirements of the program.Incomplete or ineligible applications will be denied, and the applicant will be notified. Once an application is deemed complete,staff will schedule the grant application for review by the Finance Committee of the Council.Depending on the nature of the proposed project, other City commissions may also review. For example, the Parks Commission may review proposals for park or athletic facilities.Applicants are encouraged to attend the meeting(s) to provide additional information and/or answer any questions by committee members. C.Ineligible Projects Examples of ineligible projects: 1.Projects not located within Hastings city limits. 2.Projects not located on City-owned property. 3.Projects that won’t be completed by December 31,2026. 4.Direct support of a private business. 5.Ongoing operating expenses. 6.Expenses incurred prior to application/approval. X-E-01 4 B.Evaluation Criteria The Finance Committee will consider the following criteria in its review: •Defined and focused project –Has the project been thought-through and ready to proceed? Is the application complete? •Impact on community –How would the project contribute to a strong quality of life, sense of place, and/or Hastings’ identity? •Demonstrated community engagement and support –What public awareness, civic engagement, and/or local momentum does the project have? This may include letters of support and may include financial or in-kind commitments.Matching dollars are not required by the CIF program but will help demonstrate community support. •Partnership –Does the project strengthen community collaboration and partnership? •Budget –Is the project’s budget thought-through and realistic? •Ongoing operation/maintenance –Have ongoing operation and maintenance costs been reasonably estimated? •Timeline –Is the project’s timeline realistic, including significant milestones and completion date (no later than December 31,2025)? •Project location –The project must be located within Hastings city limits and must be located on public property. •City Compliance –The project must follow City codes and obtain city permits before commencement of work and disbursement of funds. C.Formal Review The City Council will consider the project application with recommendations from the Finance Committee of the Council and any City commissions.The City Council will decide funding awards and grant agreement, as well as siting on City property or ongoing ownership and responsibility by the City.Applicants are encouraged to attend the meeting(s)to provide additional information and/or answer any questions. SECTION 5:DISTRIBUTION OF FUNDS TO APPROVED APPLICANTS A.Evidence of Expenditures and Disbursement of Funds CIF disbursements will be negotiated between the City and the Applicant. Depending on the nature of the approved project, disbursements might be structured as a reimbursement, advance funding, direct payment by the City, or the project managed by the City. In any case, use of CIF funds is expected to comply with purchasing policies, competitive pricing, and documentation. X-E-01 5 CITY OF HASTINGS COMMUNITY INVESTMENT FUND APPLICATION SECTION 1:PROJECT CONTACT INFORMATION Applicant Organization Name: Dakota County Historical Society Address: 130 3rd Avenue N City / State / Zip: South St. Paul, MN 55075 Primary Contact Person (name and title): Matt Carter, Executive Director Primary Contact Phone: 651-552-7548 Primary Contact Email: matthew.carter@co.dakota.mn.us SECTION 2: PROPERTY INFORMATION Project Site Address: LeDuc Historic Estate - 1629 Vermillion St, Hastings, MN 55033 SECTION 3: PROJECT BUDGET CIF Funds Requested: $ 13,000 Matching Contribution (if in-kind, please describe): $ 3,000 Total Project Costs: $ 16,000 Please provide a project budget, including all sources and uses. Letters of support or funding commitments may be used to supplement the application. We request $13,000 to offset the costs of multiple projects at the LeDuc Estate.Funds will provide exterior signage throughout the grounds that visitors can read even when the site is not open.DCHS will provide matching costs to this project by doing all of the research,writing,and design for the signage on the grounds.We also will get a chicken feed dispenser that will allow visitors to purchase small amounts of chicken feed and all revenue generated will offset the cost of maintaining the chickens onsite.We will also purchase new display cases for the LeDuc artifacts that have returned to the site and allow us to show these safely to visitors on tours.With the remaining funds we will attempt to restore Williams' original desk chair and determine a safe way to incorporate his desk and chair safely into the library's Object Theater. X-E-01 6 SECTION 4: PROJECT DESCRIPTION –please provide a narrative proposal that answers the following questions in this order. Please provide a brief summary of the proposed project, including its impact on the community. Please describe the project’s community engagement and support.Surveys, letters of support, or funding commitments may be used to supplement the application. Please provide a brief summary of the proposed project implementation, including timeline and milestones. Please describe the need for and impact of CIF funds. SECTION 5:AGREEMENT I/We certify that all information provided in this application (and its attachments) is true and correct to the best ofmy/our knowledge. I/We agree to provide any addition information as may be requested by the City of Hastings. APPLICATION SIGNATURE: PRINTED NAME & TITLE: DATE: 3/5/2025 These grant funds will allow us to do multiple projects that are needed, but ones that we could not do all at once, or at all. As we operate the site, we prioritize the site's needs and many of these items are luxuries that we could not complete as we work on other areas of needs. These grants funds will allow us to accomplish all of these projects at once. The end result would be better access to the city's site, more informational text and history to engage with, and be able to see LeDuc artifacts that have not been seen by the public before. Matt Carter, Executive Director Our project will provide interpretation and access to visitors throughout the site.By adding signage to the site,it will provide new ways for visitors to interact with the site's history.It will also provide more details on the natural aspect of the site,with information related to the plants and gardens.With so many hours dedicated to these areas by volunteers,it will also provide a way to showcase their amazing work to the public.The beloved chickens on the grounds are a community favorite,with many people just coming to sit and interact/watch them.By adding a way to feed small amounts of food to them,it will provide residents of all a^es another way to interact with them.At the same time,the money raised through dispensing the food will offset the ongoing costs of maintaining and caring for the chickens. Lastly,by obtaining display cases and restoring William's desk chair,we will find a way to display the items brought back to the site on a continuous basis.This will provide access to artifacts and a site that the community already has a deep appreciation for. We have letters of support from the volunteers that work on the site to provide the time and energy to maintain the exterior grounds.These letters show the public's desire to see informational signs throughout the grounds,but at the same time,have their hard work recognized.Additionally,the Hastings Area Historical Society has provided letters supporting the work needed to ensure the LeDuc artifacts brought back to the site are accessible and viewable by the public.In total,these projects will accomplish all of these desires:provide more informational text for visitors and recognizes the work being done,while also preserving the site's history and making it accessible to the public. This project will be completed within 6-10 months of the grant awarded to DCHS.We will have DCHS staff provide in-kind hours to conduct research needed and then draft the text for the panels,complete graphic design work and prep for printing.We will then work on getting them installed throughout the grounds by Fall/Winter 2025.At the same time,we will get estimates for restoration and whether we can utilize the LeDuc desk in the library safely.We expect these to be quick and completed by Spring 2026.With delays,we anticipate having no issues meeting the deadline set for project completion. X-E-01 7 SECTION 6: NOTICES OF DATA PRACTICES Notice of Data Practices THE MINNESOTA DATA PRACTICES ACT requires that we inform you of your rights about the private data we are requesting on this form. Private data is available to you, but not to the public. We are requesting this data to determine your eligibility for CIF funding through the City of Hastings. Providing the data may disclose information that could cause your application to be denied. You are not legally required to provide the data; however, refusing to supply the data may cause your application not to be processed. Your signature on this application indicates you understand these rights. Your address and telephone number will be considered public data unless you request this information to be private and provide an alternate address and telephone number. Please sign below to indicate you have read this notice: Signature _____________________________________________________ Date __3/5/2025_____ I request that my address and telephone number be considered private data. My alternative business address and telephone number are as follows: Address __________________________________________ Phone Number ___________________ X-E-01 Spencer Johnson, President Hastings Area Historical Society 101 4th Street EHastings, MN 55033 March 10, 2025 Chris JenkinsCommunity Investment Fund City of Hastings101 4th Street E Hastings, MN 55033 Dear Chris, As President of the Hastings Area Historical Society (HAHS), I am writing this letter of support for the Dakota County Historical Society’s application to the Community Investment Fund Grant. The HAHS has worked closely with the Dakota County Historical Society for the past 20 years, since they began operations of the LeDuc Historic Estate. While they have managed the city’s LeDuc Estate, we have provided numerous volunteer hours and support on various projects throughout the site and community. This letter also supports the volunteers that spend hours on the grounds in varying capacities. It is our belief that the CIF request submitted by DCHS is worthy of your support because it will bring new opportunities for the public to interact with city’s site, and history. In addition to the outdoor signage that is needed onsite, the preservation and presentation of artifacts will help the public truly appreciate the gem that is the LeDuc Estate. While more than 1,600 artifacts returned to the site from the Minnesota Historical Society, not every item can be safely displayed onsite. These priceless items need to be protected from the public at the same time they need to be displayed for them. The DCHS application will allow for display cases to be purchased in order to show more of these sensitive items to the public during the tour seasons and special events. The biggest item that should be displayed is William LeDuc’s body armor that he had made during the Civil War. This unique piece is something that visitors cannot believe until they see it. However, due to it’s size, a special display case will be needed to properly and safely display it. At the same time, William’s original desk and chair are back at the site. In order to properly show these, DCHS will need to have the chair restored as it is in very rough condition and currently not presentable to the public. Once that is done, DCHS will need to work with the designer of the Object Theater to determine if they can safely place William’s desk back in the library, which is where he originally had it. For these reasons we fully support this project and encourage you to fully consider their grant application for the Community Investment Fund Grant. Sincerely, Spencer Johnson X-E-01 City Council Memorandum To:Mayor Fasbender & City Councilmembers From:City Administrator Dan Wietecha Date:March 17, 2025 Item:Red Rock Corridor and Great River Rail Joint Powers Agreements Council Action Requested: Discussion items. Background Information: Hastings has been a non-financial member of two transit related Joint Powers Agreements (JPAs). The Red Rock Corridor Commission was created in 1998 to address transportation needs in the Red Rock Corridor between Minneapolis and Red Wing, including advocating for expanded commuter bus service and planning for commuter rail. Recent meetings have focused much more on the northern end of the corridor in Washington County. The Great River Rail Commission was created in 2009 (then as the Minnesota High Speed Rail Commission, renamed to GRRC in 2019) to advocate for a second train daily between the Twin Cities and Chicago. The second train began operation in spring 2024. GRRC has continued meeting to advocate for the rail corridor and as well as multi-modal connections. Councilmember Pemble is the City’s representative of both JPAs and has recommended withdrawing membership from both with one JPA focusing on other portions of the corridor from Hastings and the other JPA largely accomplished. If the City desires to withdraw, both JPA require 90 days notice, by formal resolution. Financial Impact: Not applicable Committee Discussion: Council briefly discussed this topic on January 6 and indicated further discussion would be appropriate. Attachments: Red Rock Corridor “Metro Transit’s Network Now” (Sept 2024) Red Rock Corridor JPA, 2004 Great River Rail “About the Commission” and Final 2025 Work Plan and Budget (Aug 2024) Great River Rail (High Speed Rail) JPA, 2017 X-E-02 Agenda Item #6 SB RED ROCKW^^SOUTHEAST CORRIDOR DATE:September 30,2024 TO:Red Rock Corridor Commission FROM:Staff RE:Metro Transit's Network Now Overview Adam Harrington,Director of Service Development for Metro Transit,will present on Metro Transit's Network Now,a vision for transit service in the region through 2027. Action Information X-E-02 GMetroTransit Network Now:Draft Concept Plan Red Rock Corridor Commission September 30,2024 Why Network Now? Pivotal time in our history •Ridership dropped 50%between 2019 and 2020 but is now growing again •30%less service,with 60+routes suspended Travel patterns are changing Workforce is a top priority Metro Transit is growing X-E-02 Orange ©MetroTransit OrangeLine New high frequency service on Gold Line,Green Line Extension,B Line,E Line,G Line, Routes 4,14,17, 22,58,64,68,515, and 724 MetroTransitServiceBoundary High Frequency Routes TransitNetwork Metro Micro Project Expansion December 2024 Rosedale -Gold Line - A Line Woodbury 2 projects/year 2025-2027 -Orange Line -98th St Station -Starlite Transit Center -Northtown Transit Center -Minnetonka -Green Line Ext./Opus Station -Maplewood Mall Transit Center -Dakota Co.Service Center 10 GMetroTransit X-E-02 2027 Concept Plan Results •Adapt service to travel patterns -Key Express Network all day service -15”service during highest ridership of rush hours -Service to all major highway corridors Key Express Network Routes 94 250 270 355 673 768 850 ©MctrnTransit Commuter Oriented Service Network 2027 Concept Plan Results •Adapt service to travel patterns -40+routes restructured or adjusted -53 suspended routes officially discontinued -8 routes restored GMetroTransit X-E-02 Oley SHU Medina Rams-' Maplewood Minnetonka adbury ParkandRide WeeklyTripsbyRoute <30 31-100 101-200««201-500 501-1,000 1,001-1,600 DiscontinuedServiceLakeville MetromicroZone iS3MetroTransit ServiceBoundary 5 Miles ?•V Mer.doJHelEm VadnoisHsighto ConceptPlanExpress,LRT, Hwy/GuidewayBRT rmerGreveHeights UirwaapoluS.PjuI NorthMetro Lakeville Commuter Oriented Service proposed offers robust access Change in Commuter Oriented Service Access TransitNetwork Br^okly 275 801262 Skating -270- Mcdrna 272 766758Park&Rke 261-756 O-ono ’6-7-2‘643-67916723Texas Center 375' 6-77' 111664j Woodbury 670 Aton]3614176868 Chanhass?^558 !EdenPrairie' O ClosedPark&Rides EaganDiscontinuedRoutes 8Miles navaho'' VaJnaisHeights 1WestStPadSportsComplex BauwvcGtsvo Mendo]hmM tlakeCenter inverGroveHeights LittleCanadaMunicipalr [-394aCMitts£Parka NormandaleVillage 865765 7HSZ.6^ PlymouthIRoadPark-/aRide , —219F294- RichardsonParisParkaNUde MinnetonkaBlvdaSteeleStParkaRide ShoreviewCommunityCenterParkaRide Upper 17thStreetParkaRide Horncpin 554 553 qrcioPines•or.3*cn 612 ^146' WayzataBlvdaBarryAveParkaRide _ RunningAcesParkaRide MinnetonkiBlvda_B5ker"RdPaiXErR>de DiscontinuedSegmentsol ConceptPlanRoutes MetroTransitServiceBoundary ,PaulParkway7Park&Ride S88850X NorthMetro Discontinuing service to meet travel demand and strengthen network Transit Network Discontinued Routes,Segments,and Facilities X-E-02 Red Rock Corridor Stats •Service in St.Paul (Hwy 61corridor),St.Paul Park,Newport,Cottage Grove and Hastings •2 new routes (301,354) •1route with frequency improvements (363) •4 express routes will be discontinued (350,361,364,365) •METRO Gold Line opening March 2025 •1new micro zone in Woodbury OMetrolransit Network Now Concept Plan Routes -Red Rock Corridor OKe X-E-02 WHEREAS,the Red Rock Corridor is defined as the transitway corridor originating in Hastings in Dakota County,through Washington County,Ramsey County,and terminating in downtown Minneapolis in Hennepin County with connections to other multi-modal transportation options;and WHEREAS,the Red Rock Corridor has significant transportation,safety,and land use issues; and WHEREAS,there are opportunities for a variety of multi-modal transportation improvements in the Red Rock Corridor,including highway commuter and freight line,bus rapid transit,multi-use paths,recreational trails including bicycle trails,and Intelligent Transportation Systems (ITS);and WHEREAS,the parties wish to collaboratively plan for multi-modal transportation improvements to the Red Rock Corridor and for the related land use and development impacts,and WHEREAS,the COMMISSION has completed a commuter rail feasibility study on the Red Rock Corridor and determined that planning for commuter rail in the Red Rock Corridor should continue;and WHEREAS,Minn.Stat.§174.80 et seq.grants authority and responsibility to the Minnesota Department of Transportation (MN-DOT)to design,develop,construct,and operate commuter rail in Minnesota and to enter into agreements with joint powers boards to carry out these responsibilities;and WHEREAS,the COMMISSION intends to work collaboratively with MN-DOT and the Metropolitan Council for the planning and development of commuter rail or other rail or rail beneficial related transit modes in the Red Rock Corridor;and WHEREAS,it is the desire of the parties hereto to amend and restate the March 1999,Joint Powers Agreement in this agreement. 69126 (4th/vers) -2 of 10- X-E-02 NOW,THEREFORE,IN CONSIDERATION OF the mutual promises and covenants herein,the parties hereto agree as follows: ARTICLE 1.DEFINITIONS Unless context otherwise requires,the terms defined in this section shall have the meanings stated herein: 1.Agreement means this Amended and Restated Joint Powers Agreement. 2.Commission shall mean the Joint Powers body established herein. 3.Effective Date shall be the date the last original signatory approves this AGREEMENT. 4.Financial Member means individually the Dakota County Regional Railroad Authority, Hennepin County Regional Railroad Authority,Ramsey County Regional Railroad Authority, or Washington County Regional Railroad Authority. 5.Original Signatory shall mean,individually,Dakota,Hennepin,Ramsey,Washington, Cottage Grove,Hastings,Newport,St.Paul Park,and Denmark. ARTICLE 2.PURPOSE The parties have entered into this agreement for the purpose of jointly exercising the powers granted to Regional Railroad Authorities organized under the provisions of Minn.Stat.Ch.398A,including but not limited to the acquisition and management of federal,state,and local funding in conjunction with the Minnesota Department of Transportation and the Metropolitan Council,and may perform any responsibilities delegated by the Commissioner of Transportation subject to the conditions that sufficient funds are received. ARTICLES.TERM This AGREEMENT shall be effective (EFFECTIVE DATE)when adopted by all ORIGINAL SIGNATORIES.The EFFECTIVE DATE of this AGREEMENT shall be the date on which the last ORIGINAL SIGNATORY approves the AGREEMENT by action of its governing board or council.This AGREEMENT shall remain in full force and effect until terminated by the parties pursuant to Article 9 of the AGREEMENT. The UNIVERSITY,MINNEAPOLIS,and ST.PAUL will become parties to this AGREEMENT on the later of the date approved by their governing body or the EFFECTIVE DATE herein stated. Provided,however,that if the UNIVERISTY,MINNEAPOLIS,or ST.PAUL,individually,fails to approve the AGREEMENT within one (1)year of the EFFECTIVE DATE,they will not become parties to this AGREEMENT except by amendment to this AGREEMENT. 69126 (4th/vers) -3 of 10- X-E-02 ARTICLE 4.JOINT POWERS BOARD There is hereby created a Joint Powers Board as a public entity,to be known as the Red Rock Corridor Commission.The COMMISSION shall be an entity separate from its member bodies and shall not be deemed an agent or partner of the member bodies,and the member bodies shall not be liable for the actions of the COMMISSION.The COMMISSION shall have full authority to exercise all powers stated herein. ARTICLES.MEMBERSHIP A.Each Financial Member shall appoint one (1)member and one (1)alternate to the COMMISSION.All other parties to this AGREEMENT shall appoint one (1)member and one (I)alternate to the COMMISSION. Commission members and alternates must be members of the party,which appoints them.If a Commission member ceases to be a member of such party,his or her membership on the Commission shall cease on the date of cessation of such membership,and the appointing party shall appoint a new member or alternate. Additional parties may become members of the COMMISSION by amendment to this AGREEMENT pursuant to Article 10 hereof. Members of the COMMISSION appointed by a Financial Member will have two (2)votes. All other members of the COMMISSION will have one (1)vote. B.COMMISSION membership terms shall commence on January 15 of a calendar year and end on January 14 of the next succeeding year,or until a successor is appointed. ARTICLE 6.POWERS OF COMMISSION The COMMISSION has such authority as is necessary and proper to make all decisions to carry out its purpose as described in Article 2.Such powers shall be subject to the provisions of Minn.Stat. §471.59 and will include,but not be limited to,any or all of the following powers to the extent provided by law or not otherwise limited by this AGREEMENT. A.Adopt an annual budget,together with a statement of the sources of funding and an estimate of the amounts required of each Financial Member. B.Enter into transactions,including contracts or leases,required in furtherance of this AGREEMENT and statutory mandate,and enforce such transactions to the extent available in equity or at law.The contracting and purchasing requirements of one party designated by the COMMISSION shall apply hereto.The COMMISSION may approve any contract relating to this AGREEMENT up to the amount approved in the annual budget,and may authorize the Chair of the COMMISSION to execute those contracts. 69126 (4th/vers) -4 Of 10- X-E-02 C.Adopt by-laws and any amendments consistent with this AGREEMENT required for the exercise of the powers and purposes stated in this AGREEMENT.The by-laws may provide for the appointment of ex officio,non-voting members to the COMMISSION by the COMMISSION.The by-laws shall be effective only if approved by unanimous vote of all Financial Members of the COMMISSION. D.Apply for and accept gifts,grants,loans of money,other property,or assistance on behalf of the contracting parties from the United States government,the State of Minnesota,or any person,association,or agency for any of its purposes,including any grant which may be available,enter into any agreement in connection therewith,and hold,use and dispose of such money,other property,and assistance in accordance with the terms of the gifts,grants,or loans relating thereto. E.Acquire and hold such real and personal property as may be required to accomplish the purposes of this AGREEMENT and,upon termination of this AGREEMENT^make distribution of such property as is provided for in this AGREEMENT. F.Employ agents and employees,and to fix the compensation and all other terms and conditions of employment thereof. G.Incur debts,liabilities,or obligations which do not constitute a debt of any of the parties.The Joint Powers Board does not have authority to incur debts,liabilities,or obligations which constitute a debt of any of the parties. H.Sue and be sued in its own name. All powers granted herein shall be exercised by the COMMISSION in accordance with the legal requirements applicable to the regional railroad authorities. ARTICLE 7.OFFICERS,EMPLOYEES,AND SERVICES A.The COMMISSION shall elect a Chair and Vice-Chair from its membership at its first regular meeting each year.The Chair and Vice-Chair shall be elected by the COMMISSION from its membership for a term of one (1)year.The Chair shall preside at all meetings of the COMMISSION,may establish such subcommittees as may be needed from time to time and shall perform other duties and functions as may be determined by the COMMISSION.The Vice-Chair shall preside over and act for the COMMISSION during the absence of the Chair. If both the Chair and Vice-Chair are absent,the COMMISSION may elect a temporary Chair to conduct its business,provided a quorum is present. Notwithstanding any provision to the contrary,following the EFFECTIVE DATE of this AGREEMENT,the term of the prior COMMISSION’S officers shall automatically expire and a special election shall be held to elect interim officers.The term of the interim officers commence upon election by the COMMISSION and continue until the first regular meeting of the following year,at which time elections will be held to elect permanent officers pursuant to this section who will serve a term according to this section. 69126 (4th/vers) -5 of 10- X-E-02 B.Executive Committee.The COMMISSION shall establish an Executive Committee of the COMMISSION consisting of one (1)representative of each Financial Member.The Executive Committee shall develop and make recommendations to the COMMISSION regarding the ongoing responsibilities of the COMMISSION,and shall have such other duties as set forth in the COMMISSION’S by-laws. C.Staff.Each party may provide staff support to the COMMISSION,subject to the approval of the COMMISSION. D.Vacancies.If an appointment of any COMMISSION member or alternate is vacated before the end of his or her term,the vacancy shall be filled by appointment by the appropriate appointing governing body.Vacancies shall be filled within thirty (30)days of their occurrence.A vacancy shall be deemed to have occurred when any of the conditions specified in Minn.Stat.§351.02 exist. E.Meetings.The COMMISSION shall meet at regular intervals at such times and places as the COMMISSION shall establish in its by-laws.Special meetings may be held on reasonable notice by the Chair or any two members upon terms and conditions as the COMMISSION may determine and that conform to the Minnesota Open Meeting Law,Minn.Stat.§13D. F.Committees.The COMMISSION may establish standing committees of the COMMISSION by providing for such committees by resolution.The Chair may establish ad hoc committees of the COMMISSION. ARTICLES.FUNDING A.Financial Partners’Contribution.Within sixty (60)days of the EFFECTIVE DATE,the COMMISSION shall review the budget for the calendar year in which the EFFECTIVE DATE occurs and determine the balance of unencumbered funds.The COMMISSION shall credit all unencumbered funds (BALANCE CREDIT)to the Dakota County Regional Railroad Authority,Ramsey County Regional Railroad Authority,and Washington County Regional Railroad Authority in proportion to their respective contributions.The COMMISSION shall thereafter modify or affirm the budget for the remainder of the calendar year,and shall assess the Financial Members their proportionate share of the budget as follows: 10.0%Dakota County Regional Railroad Authority 17.5%Hennepin County Regional Railroad Authority 37.5%Ramsey County Regional Railroad Authority 35.0%Washington County Regional Railroad Authority The assessment for Dakota,Ramsey,and Washington County Regional Railroad Authorities shall be deducted from their respective BALANCE CREDITS. -6 of 10- 69!26 (4th/vers) X-E-02 B.Annual Budget.For the calendar year next following the calendar year in which the EFFECTIVE DATE occurs and all subsequent years,the COMMISSION shall establish and approve a budget.Each Financial Member shall be assessed for its proportionate share of the budget according to the schedule above.The Dakota,Ramsey,and Washington County Regional Railroad Authorities’assessment shall be first deducted from any remaining BALANCE CREDIT,with any remainder due as in Section D hereof. C.Financial Members’Budget Approval.Adoption of the budget shall require unanimous approval of the Financial Members. D.Contribution Date.Except for any initial contribution required by this AGREEMENT, assessments made under the provisions of this article shall be paid by each Financial Member by January 3 of each year.The initial contribution shall be made within sixty (60)days of the adoption of the budget pursuant to Article 8(A)hereof. E.Budgeting,Accounting,Fiscal Agent,and Other Services.The COMMISSION may contract with any party to provide contract management,legal review,and budgeting and accounting services necessary or convenient for the COMMISSION and otherwise act as the COMMISSION’S fiscal agent.Such services shall include,but not be limited to,management of all funds,including contributions and grant monies,payment for contracted services,and relevant bookkeeping and record keeping.The contracting and purchasing requirements of the member so selected shall apply to transactions of the COMMISSION.Such member shall identify the staff person to work as liaison with the COMMISSION. F.Accountability for Funds.All funds shall be accounted for according to generally acceptable accounting principles.A report on all receipts and disbursements shall be forwarded to the COMMISSION on an annual basis.The parties have the authority to request reports pertaining to any and all budgeting and accounting services.All interest earned from established COMMISSION funds shall be credited back to that same fund. G.Cost Sharing Agreement.The Financial Members may enter into,but are not bound to enter into,cost sharing agreements with each other for the purpose of providing additional local funding to carry out the purposes of the commission,including,but not limited to,the following: 1)It is contemplated that the Financial Members will enter into a cost sharing agreement for the purposes of funding a local 20%share for a Red Rock Corridor alternatives analysis¬ scoping study to be matched by a federal 80%share from the federal Twin Cities Transitways Grant.By entering into this joint powers agreement,the Federal Members agree to enter into the cost sharing agreement. 2)It is contemplated that some or all of the Financial Members will also enter into a cost sharing agreement for the purposes of funding a local share for draft environmental impact statement to be matched by a federal funding share of draft environment impact statement at a future date. -7 of 10- 69126 (4th/vers) X-E-02 ARTICLE 9.WITHDRAWAL AND TERMINATION A.Withdrawal.Any party may withdraw from this AGREEMENT upon 90-days prior written notice evidenced by resolution of the party’s governing body to the COMMISSION.In the event of withdrawal by any party,this AGREEMENT shall remain in full force and effect as to all remaining parties. B.Effect of Withdrawal,Disposition of Property,Funds,and Obligations.A party withdrawing from this AGREEMENT shall,prior to such withdrawal,pay the full amount of any unpaid assessments to the COMMISSION as defined in Article 8.A party withdrawing from this AGREEMENT shall not receive a distribution of property or funds until such time as this AGREEMENT is terminated by all parties pursuant to this Article 9.Such disposition of property shall be in accordance with the provisions of Section D of this Article 9. Any member withdrawing shall be liable for any assessment in the year in which the withdrawal becomes final only for the period in such year that the party remains a party.The party’s assessment shall not exceed the sum of one-twelfth (1/12th)the full assessment multiplied by the number of months or fractions thereof in the year during which the party remains a party. C.Termination.This AGREEMENT shall terminate upon the occurrence of any one of the following events: (a)When necessitated by operation of law or as a result of a decision by a court of competent jurisdiction;or (b)When a majority of the parties agrees to terminate this AGREEMENT. D.Disposition of Property and Funds.At such time as this AGREEMENT is terminated,any property interest remaining in the COMMISSION,following discharge of all obligations owed by the COMMISSION,shall be disposed of and the proceeds of the property shall be returned to the parties in proportion to their contribution. E.Effect of Withdrawal of Financial Member on Budget.In the event a Financial Member withdraws,the unpaid assessment allocable to such member in the year of withdrawal and subsequent years shall be reallocated to the remaining Financial Members in proportion that the assessment allocations under Article 8(A)hereof bear to each other. ARTICLE 10.MISCELLANEOUS A.Amendments.This AGREEMENT may be amended by unanimous agreement of the parties as evidenced by resolutions adopted by the respective governing bodies. B.Records,Accounts,and Reports.The COMMISSION shall establish and maintain such funds and accounts as may be required by good accounting practices.The books and records 69126 (4th/vers) -8 of 10- X-E-02 of the COMMISSION shall be subject to the provisions of Minn.Stat.Ch.13,the Minnesota Government Data Practices Act,and Minn.Stat.§16C.05,subd.5.The COMMISSION, within one hundred twenty (120)days after the close of each fiscal year,which shall be January 1 to December 31,shall give a complete written report of all financial activities for such fiscal year to the parties. C.Counterparts.This AGREEMENT may be executed in two or more counterparts,each of which shall be deemed an original,but all of which shall constitute one and the same instrument. D.Severability.The provisions of this AGREEMENT are severable.If any paragraph,section, subdivision,sentence,clause,or phrase of the AGREEMENT is for any reason held to be contrary to law,or contrary to any rule or regulation having the force and effect of law,such decision shall not affect the remaining portions of this AGREEMENT. E.Entire Agreement.This AGREEMENT constitutes the entire agreement between the parties and supersedes all prior written or oral agreements relating to the COMMISSION. F.Alternative Dispute Resolution.In the event of a dispute arising under this AGREEMENT, the parties and the COMMISSION agree to attempt to resolve their dispute by following the process described below: (1)A party shall provide written notice to the COMMISSION describing perceived conflict,positions,and underlying reasons. (2)The COMMISSION or member shall provide written response to notice within seven (7)days of receipt of notice. (3)The parties shall meet within 14 days of receipt of response with a neutral facilitator. The neutral facilitator will be a representative from the Minnesota Office of Dispute Resolution.Costs of such facilitator shall be shared equally by all parties to the dispute. (4)At the first meeting,the neutral facilitator will assist the parties in identifying the appropriate parties and participants in the dispute resolution process,their concerns, a meeting agenda and design for any subsequent meetings.The parties shall agree .on a process for resolving the problem that would involve additional negotiations, mediation,or arbitration. (5)In developing the process,the parties will be guided by the following principles: (i)the parties will attempt in good faith to reach a negotiated settlement; (ii)the parties agree that there must be fair representation of the parties directly involved in the dispute; 69126 (4th/vers) -9 of 10- X-E-02 (iii)the parties will use legal proceedings as a last resort;and (iv)in the event the parties are unable to resolve the dispute,each party retains all rights,remedies,or defenses it had prior to entering the process. (6)The parties will report to the COMMISSION within 60-days of their first meeting on the resolution of the dispute or a recommendation to commence legal proceedings. IN WITNESS WHEREOF,the parties to this AGREEMENT have hereunto set their hands on the date written below. 69126 (4th/vers) -10 of 10- X-E-02 Approved as to form and-exeeutrom Georg^Ku^rian,Assistant County Attorney Date X-E-02 Ramsey County Regional Railroad Authority Date Approved as to form and execution: David MacMillan,Assistant County Attorney Date X:\Word\Red Rock CorridoARed Rock Corridor CommissionWgenda ltems\2004\JPA Signature Memo 5-19-O4.doc X-E-02 DAKOTA COUNTY REGIONAL RAILROAD AUTHORITY By: Willis E.Branning,Chair ^$4/D^te / Approved as to form: Karen Schaffer,As tant County Attorney X:\Word\Red Rock CorridoARed Rock Corridor Commission\Agenda ltems\2004\JPA Signature Memo 5-19-04.doc X-E-02 CITY OF NEWPORT Date r**\imcntt'CcH+i*^<TC'\ta*oti/*»r44^z*»irHt zxz**^l ^o^+iflr^cx\Ta<"rnrv»Ar'’lrn C11oot J l^O\IDA CirtAAliira H/V* X-E-02 CITY OF ST.PAUL PARK Attest: Barry Sittlow,City Administrator Date Date X:\Word\Red Rock Corridor\RedRock Corridor CommissionXAgenda ltems\2004\JPA Signature Memo 5-19-04.doc X-E-02 CITY OF HASTINGS Attest: Michael Werner,Mayor Melanie Mesko Lee,City Clerk Date N:\Word\Red Rock CorridoiARed Rock Corridor Commission\Agenda ltems\2004\JPA Signature Memo 5-19-04.doc X-E-02 DENMARK TOWNSHIP Attest: Date Tracy Fritze,Clerk/Treasurer Date X-E-02 Washington County Regional Railroad Authority es R.Schug,County/Administrator Date X-E-02 (iii)the parties will use legal proceedings as a last resort;and (iv)in the event the parties are unable to resolve the dispute,each party retains all rights,remedies,or defenses it had prior to entering the process. (6)The parties will report to the COMMISSION within 60-days of their first meeting on the resolution of the dispute or a recommendation to commence legal proceedings. IN WITNESS WHEREOF,the parties to this AGREEMENT have hereunto set their hands on the date written below. Approved as to form and executionAssista^^^tnty Attopney^ Date:7 /2-^y^ HENNEPIN COUNTY REGIONAL RAILROAI^UTHORITY ///STATE Qf\JV^NNp^H _By: Chair of Its Board 7^^^^^E^c^utive Director ATTEST:Z F-Deputy/Clerk of Authority Board 1/ 69126 (4th/vers) -10 of 10- X-E-02 CITY OF COTTAGE GROVE X:\Word\Red Rock CorndortRed Rock Corridor CommissionVAgenda ltems\2004'JPA Signature Memo 5-19-04.doc X-E-02 About the Commission In 1996,the Midwest Regional Rail Initiative began assessing the prospect of improving passenger rail infrastructure. Its comprehensive report indicated the potential success of high-speed train service between the Twin Cities and Chicago.The Minnesota Department of Transportation began an environmental analysis of high-speed rail and the Minnesota High-Speed Rail Commission was formed in June 2009 based on this potential. InJanuary 2018,Minnesota Department of Transportation suspended work on the high-speed rail project.In the fall 2018,the Minnesota High-Speed Rail Commission began the process of changing its name to the Great River Rail Commission to better fit its mission and purpose;advocating for faster,safer and more frequent passenger rail service between the Twin Cities and Chicago.The name change became official in September 2019. The Great River Rail Commission is one of the leading voices on passenger rail in Minnesota.Comprised of officials from 18 local and regional governments from St.Paul to La Crosse,the Commission advocates for the implementation of the Twin Cities-Milwaukee-Chicago (TCMC)Second Train project,a daily round trip passenger train between the Twin Cities and Chicago.The Commission's long-range vision is that the Second Train demonstrates demand for additional passenger rail service that leads to further investment in faster,safer more frequent passenger rail service. Commission Goals •To increase transportation alternatives by expanding passenger rail service between the Twin Cities and Chicago,serving three cities in Minnesota and 13 cities in total. •To increase freight rail capacity along the corridor. •To bolster economic development in the state of Minnesota,especially in the Minnesota portion of the corridor between the Twin Cities and La Crescent. •To increase safety for rail and highway users. Commission Role The commission seeks to accomplish its goals through: •Actively supporting project development as a financial partner. •Coordinating with the Minnesota Department of Transportation and other entities responsible for project development to ensure accountability. •Advocating for projects with local,state and federal governments. •Implementing a Strategic Communications Plan to raise awareness with River Route stakeholders. History of the Commission The Great River Rail Commission was originally known as the Minnesota High Speed Rail Commission (Commission). The Commission was a joint powers board established in 2009 under Minnesota Law that enabled the member X-E-02 parties to cooperatively advocate for,analyze the feasibility,environmental impacts,engineering,construction,and operation of an integrated rail transportation system in the Minnesota High Speed Rail Corridor that included passenger,high speed,commuter,and freight rail along with its associated land use and development impacts.In 2010,the Minnesota Department of Transportation (MnDOT)began work on a Tier 1 Environmental Impact Statement (EIS)for a high-speed passenger rail connection to Chicago,Illinois.The work included evaluation of route alternatives,preliminary conceptual engineering of needed capital improvements and simulations of operating up to six round-trips daily.Later in 2010,Wisconsin Governor Scott Walker rejected $800 million in federal stimulus funds intended to develop a high-speed rail connection between Milwaukee and Madison,Wisconsin.Work continued the Tier 1 EIS until 2017 when Minnesota legislators blocked the acceptance of federal fundingto continue the study. In 2015,Amtrak announced the completion of a feasibility study evaluating the addition of one round-trip passenger train between Chicago and the Twin Cities,travelling at conventional speeds of up to 79 miles per hour along the current Amtrak Empire Builder route.The study found that one additional round-trip could attract approximately 155,000 riders annually and was recommended for further study.With funding provided by Ramsey County Regional Railroad Authority,Wisconsin Department of Transportation and the La Crosse Area Planning Committee,work began in 2016 on the Twin Cities-Milwaukee-Chicago Intercity Passenger Rail Service Phase 1 Study.This study evaluated several service alternatives to determine how the additional round-trip can be operated most efficiently with freight trains on the Saint Paul to Chicago corridor and integrate with the Hiawatha schedule between Milwaukee and Chicago.The draft final report found that with infrastructure improvements near Winona,MN,La Crosse,Wl,and Columbus,Wl,two service alternatives could be implemented with no impact to rail freight traffic. The Commission has shifted its focus away from high-speed passenger rail and actively supported the Twin Cities- Milwaukee-Chicago Intercity Passenger Rail Service Phase 1 Study.In July 2017,theJoint Powers Agreement was amended to clarify the Commission's purpose as an advocacy organization that supports rail analysis and research for faster and more frequent passenger train service to Chicago,to revise its dues structure,and to memorialize the identification of the current membership. In fall 2018,the Minnesota High-Speed Rail Commission began the process of changing its name to the Great River Rail Commission to better fit its mission and purpose.The Commission voted on the name change inJanuary 2019; the formal name change process was completed by an amendment to the Commission by-laws in September 2019. Milestones •September 2019,Commission changes its name to the Great River Rail Commission to better fit its mission and purpose. •December 2019 -MnDOT completes Phase 1 of TCMC Second Train study. •July 2016 -MnDOT kicks off the Twin Cities-Milwaukee-Chicago Intercity Passenger Rail Service Study (Phase 1),and La Crosse Area Planning Committee joins the MN High-Speed Rail Commission. •July 2015 -Amtrak Feasibility Study of adding a second daily round trip is completed finding that additional service between Saint Paul and Chicago shows promise. •November 2011 -Alternatives Selection Report completed leading to selection by the Federal Railroad Administration and MnDOT of the River Route as the preferred route for high-speed rail between the Twin Cities and Chicago. •June 2009 -Minnesota High-Speed Rail Commission formed. Annua!Reports Meeting Documents Each year the Great River Rail Staj ntonallti .tiring nd informant Commission releases an annual report onmeetings surroundingGreat River Rail, activities around the project’s development and other relevant UpcomingMeetings passenger rail information.2024 MeetingSchedule X-E-02 Great River Rail Commission A Solid Commitment: The Great River Rail Commission is one of the leading voices on passenger rail in Minnesota.Made up of officials from local and regional governments from Saint Paul to La Crosse,the Commission advocates for passenger rail options along the Mississippi River Route,connecting the Twin Cities with Milwaukee and Chicago.The Commission's long range vision is that the Borealis train,launched in 2024,demonstrates demand for further investment in faster, more frequent passenger rail service. Vice-Chair Chris Meyer cmeyer@co.winona.mn.us Winona County Commissioner Susan Betcher susan.betcher@co.goodhue.mn.us Goodhue County Commissioner (Alternate)Linda Flanders Linda.flanders@co.goodhue.mn.us Goodhue County Executive Director Bob Gollnik rgollnik@lacrossecounty.org La Crosse Area Planning Committee Transportation Planner (Alternate)Erin Duffer eduffer@lacrossecounty.org La Crosse Area Planning Committee Commissioner Rafael Ortega Rafael.e.ortega@co.ramsey.mn.us Ramsey County Commissioner (Alternate)Bob Walkes bwalkes@co.wabasha.mn.us Wabasha County Commissioner Cheryl Key ckey@co.wabasha.mn.us Wabasha County Public Works Director Ryan Burfeind rburfeind@cottagegrovemn.gov City of Cottage Grove Councilmember Monique Garza Mgarza@cottagegrovemn.gov City of Cottage Grove Member Not Appointed City of Goodview Councilmember Dave Pemble dpemble@hastingsmn.gov City of Hastings Mayor Mark Nichols MNichols@ci.lake-city.mn.us City of Lake City Mayor Laurie Elliott lelliott.newport@gmail.com City of Newport Commissioner Daniel Derudder Daniel.derudder@piic.org Prairie Island Indian Community Mayor Mike Wilson Mike.wilson@ci.red-wing.mn.us City of Red Wing X-E-02 Commissioner Karla Bigham karla.bigham@co.washington.mn.us Washington County Commissioner (Alternate)Michelle Clasen Michelle.Clasen@co.washington.mn.us Washington County Commissioner (Alternate)Marcia Ward mward@co.winona.mn.us Winona County Councilmember Wayne Getz wm4grand@hbcsc.net City of Saint Charles Councilmember Rebecca Noecker ward2@ci.stpaul.mn.us City of St.Paul Councilmember Tim Conrad tconrad@stpaulpark.org City of St.Paul Park Mayor (Alternate)John Schaber jschaber@stcharlesmn.org City of Saint Charles Member Not Appointed City of Utica Supervisor John Plehal johnplehal.wacoutatownboard@gmail.com Wacouta Township Councilmember Steve Young syoung@ci.winona.mn.us City of Winona Councilmember (Alternate)Pam Eyden peyden@ci.winona.mn.us City of Winona X-E-02 TO:Great River Rail Commission FROM:Staff DATE:August 29,2024 RE:Final 2025 Work Plan and Budget. ACTION:Approval Page |25 Agenda Item #8 The Commission discussed a draft 2025 Work Plan and Budget at its June meeting.The Commission has typically been focused on advocating for funding and support of the Twin Cities-Milwaukee-Chicago Second Train.That service is up and running as the Borealis service and no new passenger rail projects in the River Route are underway,so the Commission's focus will shift toward promoting the Borealis service and watching the development of future routes:-Working with area business roundtable groups to promote passenger trains as convenient and affordable access to their communities. Developing a "speakers bureau"of Commission members and staff who are willing to make presentations to civic groups and others to share information and promote the Borealis service. Monitoring the Borealis quality of service,including support for local funding requests to improved infrastructure along the route and in and around stations,and provide community-level service suggestions to the states and Amtrak. Staying informed about several federal planning grants to develop additional passenger rail service that were awarded to Minnesota and Wisconsin. Following progress on the possible development of Long-Distance Service Study released by the Federal Railroad Administration in February 2024. The 2025 Work Plan and Budget includes:•More funds for materials,as the banners,fact sheet and pocket cards distributed at events are dated. •No funding for lobbying as there are no pressing legislative issues at this time.•Funding for communications and community outreach described in the work plan. •Funds for liability insurance estimated at 125%of the previous year amount,and •Contingency amount of 5%. At the May Commission meeting,staff was asked whether the fund balance amount of $11,424 could be applied to the 2025 budget to reduce the dues applied to the Financial Parties.Staff has prepared a budget that does apply the fund balance to offset dues for 2025,in addition to one that does not. 15 W.KELLOGG BLVD.,SUITE 210,ST.PAUL,MN 55102 •651-266-2790 •WWW.GREATRIVERRAIL.ORG X-E-02 Page |26 Great River Rail Commission 2025 Work Plan and Budget •Passenger and Freight Rail Advocacy Activities The Great River Rail Commission (Commission)will work with the Minnesota Department of Transportation,Amtrak,state and local government stakeholder partners,and others to continue the advancement and development of more frequent and faster passenger train service between Chicago and Saint Paul along the Borealis and Amtrak Empire Builder passenger rail corridor.To accomplish this,the Commission will do the following: •Facilitate meetings of the Business Roundtable groups in the Twin Cities,Red Wing,Winona,and La Crosse to assist in their development into a marketing and advocacy subcommittee to the Commission. •Monitor the quality of the Borealis service perhaps through the development of a dashboard of information regarding on time performance and other measures of service quality. •Monitor progress,offer guidance and provide a means for public engagement on the development and implementation of other passenger rail service initiatives and studies that would add service in the Borealis and Amtrak Empire Builder passenger rail corridor. •Monitor progress and offer guidance on freight rail studies that impact the Borealis and Amtrak Empire Builder passenger rail corridor and rail activities in the United States that could have an impact on the Borealis service. •Provide comments on the draft Minnesota State Rail Plan during its update cycle. General activities will be led by Commission staff working with agency staff to advise the Commission on when its involvement is needed. •Legislative Advocacy and Coordination As needed,the Commission will continue to develop policy positions and work cooperatively with the Minnesota Department of Transportation and other passenger rail stakeholders to continue the advancement and development of more frequent and faster passenger train service in Borealis and Amtrak Empire Builder passenger rail corridor. To accomplish this,the Commission will do the following: •Lobby the Minnesota legislature and the Governor's Office in support of Minnesota Department of Transportation passenger rail project and program funding requests and policy initiatives,or to write separate bills. •Develop advocacy materials and messaging to support Minnesota Department of Transportation passenger rail project and program funding requests and policy initiatives,or separate bills written by the Commission.•Lobby the Minnesota legislature and Governor's Office in opposition to funding cuts or policy initiatives that could be detrimental to the Commission's position on passenger rail in the Borealis and Amtrak Empire Builder passenger rail corridor.•Attend legislative hearings and arrange for Commission members to testify. •Advocate for rail crossing improvements and other improvements that improve speed,safety and reliability of passenger and freight trains.•Advocate for customer service staff and capital investments at stations to provide a better customer experience. 15 W.KELLOGG BLVD.,SUITE 210.ST.PAUL,MN 55102 •651-266-2790 •WWW.GREATRIVERRAIL.ORG X-E-02 Page |27 •Coordinate lobbying efforts and advocacy efforts with government affairs staff from the Minnesota Department of Transportation,Amtrak,state and local government stakeholder partners,and others. •Consider membership in similar advocacy organizations such as the Midwest Interstate Passenger Rail Commission and Rail Passengers Association. Advocacy and legislative coordination activities will be led by Commission staff working with the Chair to identify which items merit Commission involvement.If Commission involvement is merited and time allows,the items will be brought to the Commission for discussion.If time does not allow,the Chair will determine whether the Commission shall be involved.In all instances,the Chair shall be the first option as spokesperson for the Commission. •Public Engagement The Commission's public engagement activities will be developed to promote and increase public awareness of the Borealis and any future phases of work,the larger Midwest Regional Rail Plan as it connects to and complements passenger rail service in the Borealis and Amtrak Empire Builder passenger rail corridor,and the importance of investing in more frequent and faster passenger rail service.These activities will be separate from but often coordinated with the public engagement activities by Minnesota Department of Transportation,Amtrak and others.Specific Commission activities will include:•Promote awareness of the Borealis service to boost ridership. •Promote the implementation of proposed passenger rail service in the Borealis and Amtrak Empire Builder passenger rail corridor that is shown in the Federal Railroad Administration's Midwest Regional Rail Plan,Amtrak's Connects US plan and the Federal Railroad Administration's Long-Distance Service Study. •Maintain a Commission website and social media channels.Send e-newsletters to a list of key stakeholders and news releases to media. •Develop advocacy materials for distribution to legislators,key stakeholders,and the public. •Revise the Strategic Communications Plan as needed. •Assist in planning and holding special events,including presentations to civic and community groups throughout the. •Support for similar organizations (e.g.All Aboard Minnesota). •Media recognition of Commission meetings and events through print,radio,and public access television. Public engagement activities will be led by Commission staff working with the Commission's public communications consultant.Public engagement strategies will continue to be discussed with the Chair before being brought to the Commission. •Management,Policy,and Administrative Activities Commission activities will include but not be limited to the following: •Prepare and adopt the 2026 Work Plan and Budget. •Review insurance needs and procure appropriate insurance. •Provide Commission and staff administration.•Manage Commission finances and expenses. Management,policy,and administrative activities will be led by Commission staff.The deliverables will continue to be brought before the Commission for their approval. 15 W.KELLOGG BLVD.,SUITE 210,ST.PAUL,MN 55102 •651-266-2790 •WWW.GREATRIVERRAIL.ORG X-E-02 Page |28 2025 Budget/Expenditures Expenditure Category Amount Advocacy and Legislative Coordination -Materials $1,500 -Special Events/Mileage 1 $250 Subtotal $1,750 State Legislative Lobbying $0 Public Communications Assistance -Implement 2025 GRRC Work Plan $35,000 Management/Administration -Insurance $1,250 Contingency $2,000 Total $40,000 1 Travel to out of state events/conferences would be the responsibility of each individual member. Note:Multiple Financial Parties currently have contracts with federal and state lobbyists.These lobbyists may provide federal and state lobbying services as an in- kind contribution of the Financial Party members to the Commission. Note:As of August 28,2024,the Commission has $32,500.41 available in unspent revenue.This amount will be reduced by expenses incurred through December 31, 2024. 15 W.KELLOGG BLVD.,SUITE 210,ST.PAUL,MN 55102 •651-266-2790 •WWW.GREATRIVERRAIL.ORG X-E-02 Page |29 2025 Dues Revenue without offset Revenue Source Amount Federal Appropriations $0 State Appropriations $0 Financial Party Percentage 1 2025 Contribution Goodhue County 11.5%$4,600 La Crosse Area Planning Committee 14.7%$5,880 Ramsey County 41.0%$16,400 Winona County 12.9%$5,160 Wabasha County 4.7%$1,880 Washington County 15.2%$6,080 Total Dues Contributions 100.0%$40,000 1 Per the Amended and restated Joint Powers Agreement (adopted 2017)and rounded to the nearest tenth,the Financial Parties'contribution is based on the following formula:50%based on the proportionate share of population among all Financial Parties;10%based on the proportionate share of corridor mileage among all Financial Parties;31%based on the location of existing or planned high speed passenger rail stations within the Financial Parties'jurisdiction;and 9%allocated equally among the Financial Parties. 15 W.KELLOGG BLVD.,SUITE 210,ST.PAUL,MN 55102 •651-266-2790 •WWW.GREATRIVERRAIL.ORG X-E-02 Twin Cities-Milwaukee-Chicago I TCMC SECOND TRAIN Intercity Passenger Rail Service Project I OPERATING FUNDS REQUEST What is it? The Twin Cities-Milwaukee-Chicago Intercity Passenger Rail Service (TCMCSecond Train)is a proposed daily roundtrip passenger train between theTwinCities andChicago along the existing Amtrak EmpireBuilder route.Service may begin as soon as 2023.TheWisconsin Department of Transportation is theproject developmentlead,in association with theMinnesota andIllinois Departments of Transportation. 2023 Minnesota Legislative Request for TCMC Second Train,and Governor'sBudget Recommendations •$893,200 in FY24 for operating costs •$2,258,000 in FY25 for operating costs •$1,920,000 for capital improvements due to inflation ($940,000 in FY24,$980,000 in FY25) Governor's Budget Recommendations FY24 FY25 TCMC Operating Expenditure $893,200 $2,258,000 TCMCCapital Expenditure $940,000 $980,000 Source:Governor WalzTransportation 2024-25 Biennial Budget Recommendations,p.42,43 Notes •Capital funds needed dueto inflation -steel up 40%, switchesand signals up 25-40%. •Minnesota and Wisconsin areinnegotiation with Illinoisto pay 20-30%of annual operating costs. •Federal Restoration Enhancement Grant,already awarded, pays for 90%of operating costs in FY24,and 80%in FY25,up to a totalof $12,569,200. •A new Federal Restoration EnhancementGrant applicationis in process -it would pay aportion of operating expenses for approximately 3 additional years. •Amtrak will operatethe service and will leaserefurbished locomotives andcoaches to thestates revenues are unknown. •Anticipated service start dateislate 2023. •Fare revenue is expected to cover approximately 50%of operating cost when service begins Previous Funding Commitments •$53 millionfortrackandsignalcapitalimprovements,including$31.8millionfromthe federal government,$10 million fromMinnesota, $6.2millionfrom Wisconsin,$5 millionfrom Amtrak -funding providedbystates isproportionalto theamount ofconstructionin each state •$12,569 million for startup operatingcosts from thefederalgovernment •Capital upgrade ofthe Winona station platform from Amtrak ProducedbytheGreatRiverRailCommission.GreatRiverRail.org |info@GreatRiverRail.org |(651)266-2790 |www.dot.state.mn.us/passengerrail X-E-02 Project Benefits •Create jobs and generate economic growth •Provide safe,reliable,relaxing,productive,affordablealternativetodrivingorflying •Improve access to tourism,colleges,events,and more! •Improve freight trainspeed and efficiency •Improve safety at roadway crossings Support for TCMC Second Train •Fundingpartners:The Federal Railroad Administration, Amtrak,Ramsey County Regional Railroad Authority and the La Crosse Area Planning Committee •Canadian Pacific Railway,which owns the tracks to be used by the service,fully supported thefederal grant application forrail infrastructure improvements •Amtrak,which will operate the service •The States ofMinnesota,Wisconsin and Illinois AND CHICAGO •The FederalRailroad Administration •The Great River Rail Commission,16 counties,cities and planning agencies along the MississippiRiver Route •Multiple business organizations,businesses,community organizations,andadvocacy groupsthroughoutthe River Routeand thestate CONSTRUCTION SCHEDULE Construction Begins TCMC ServiceBegins PublicInvolvement Meeting WINONA,MN PublicInvolvement Meeting LA CROSSE,Wl X-E-02 St.Paul Red Wing TomahWinona La Crosse Wisconsin DellsNNESOTA ColumbusIOWA14 Milwaukee Milwaukee Ai WISCONSIN Sturtevant ILLINOIS Glenview Chicagc Minnesota Wisconsin Illinois id markers reflect major metropolitan city stations (left) oiler intermediate city stations (right). 4 CITIES-MILWAUKEE-CHICAGO RCITY PASSENGER RAIL SERVICE :STATIONS* X-E-02 AMTRAK'S BOREALIS (TWIN CITIES-MILWAUKEE-CHICAGO According to the GTFS data,this was intended tobevalid from 2024-05-21 through 2024-10-04.Always check Amtrak.com for precise times for your exact dateof travel.Timetables may change for holidays,special events,construction projects,and other reasons. Train #1333 Train #s7/27 Mile &Station Train #s8/28 Train #1340 Borealis EmpireBuilder EmpireBuilder Borealis Daily Daily Daily Daily ReadDown Read Down ReadUp Read Up Dp 1 1:05A 3:O5P[ft 0 6,CHICAGO,IL(CHI)-UnionStation W-; 4:45P(ft Ar 7:14P 1 1:27A R 3:29P 18 &Glenview,IL(GLN)M£U&\D 4:12P 6:46P 12:05P 63 &Sturtevant,Wl {SVT)6:08P 12:19P 78 &Milwaukee,Wl(MKA)-GeneralMitchell AirportTrains 5:55P Ar 12:34PDp12:39P R 4:45Pfh 86 &MILWAUKEE,Wl (MKE)-Downtown HOP D 2:57PiQ Dp 5:45PAr5:40P 1:41P 5:55P(ft 151 &Columbus,Wl (CBS)1:47P(Q)4:26P 2:13P 6;24P 179 &Portage,Wl(POG)1:17P 3:58P 2:33P 6:42P 196 &Wisconsin Dells,Wl(WDL)12:58P 3:40P 3;17P 7:20P 241 &Tomah,Wl(TOH)12:16P 2:57P 3:58P 8:04PO 282 &La Crosse,Wl(LSE)11:37A(ft 2:16P ArDp 4:36P 8:34P[ft8:40P 309 &Winona,MN(WIN)11:01Alft10:54A Dp 1:40PAr 5:40P 9:42P 372 &RedWing,MN (RDW)9:44A 12:35P Ar 6:29P 10:56P(ft 411 1 ST.PAUL-MINNEAPOLIS,MN(MSP) -UnionDepot METRO 8:50Aift Dp 11:50A Train #7 to Seattle Train #8 fromSeattle Train #27 to Portland Train #28 fromPortland &Platform and trainareaccessibletopeopleinwheelchairs —somestationservicesmay not be accessible. Platform and trainare not accessible topeoplein wheelchairs. (fil Checkedbaggageserviceavailable D Stops only to discharge passengers (mayleavebeforetimeshown) R Stops only to receivepassengers TZ Time zone:ET(EasternTime),CT (CentralTime),MT (MountainTime),or PT(PacificTime) Connecting trainsprovidedby:N&I&.Metra HOP The Hop streetcar METRO MetroTransit light rail This timetableisnot an official Amtrak product.Thistimetableis provided AS IS.No warranties are provided andallwarrantiesare disclaimed.It was produced as apublic service by Christopher Juckins https://juckins.net forRail Passengers Association,basedonGTFSdatareleasedtothepublic by Amtrak.and onotherdatasources. Timetable generatedon2024-05-08 by timetable_kit (https;//github.com/neroden/timetable„kit ).Material from timetable_kitinthistimetableissubject tothe CreativeCommonsCC-BY-4.0 license. Timetable_kit was written by NathanaelNerode.If you appreciate this timetable,please wear an N95 or Pl00 mask on the train.Nathanael's family is immunocompromisedandcan't take the train unless you wear masks. RAIL PASSENGERS ASSOCIATION X-E-02 VI-04 City Council Memorandum To:Mayor Hicks &City Council Members From:Melanie Mesko Lee,City Administrator Date:April 12,2017 Item:Minnesota High Speed Rail Commission Updated Joint Powers Agreement Council Action Requested: Approve a resolution and updated Joint Powers Agreement for the Minnesota High Speed Rail Commission.Hastings is a non-financial party to this collaborative. Background Information: From the commission's website (www.mnhiqhspeedrail.com): The Minnesota High-Speed Rail Commission is one of the leading authoritative voices on high-speed rail in Minnesota.Comprised of local elected officials,the Commission advocates for the development of Minnesota's first high-speed rail line within the federally designated high-speed rail corridor that connects the Twin Cities to Milwaukee and Chicago.The Commission is a strong proponent of bringing high-speed rail to the Midwest through the scenic upper Mississippi River valley.The Commission is a strong advocate of the TCMC Second Train.It's a first step towards a vision of faster, expanded service along the same route. About the Project Six to eight round-trip high-speed trains each day are envisioned between the Twin Cities,Milwaukee and Chicago along the existing Amtrak Empire Builder route.This expanded service is intended to provide a transportation alternative for business and leisure travelers who currently take more than 10 million trips annually by train,car and plane.Service would be expanded incrementally,beginning with a second round-trip passenger train,and increase as tracks are upgraded.Up to a dozen stations would serve a projected 2030 ridership of 1.7 million trips. The current Minnesota High-Speed Rail plan includes Hastings as a route in which passing trains will travel through but not stop in our downtown.Our city officials need to make sure safety is a number one priority.Councilmember Vaughan is the City's representative on this commission. X-E-02 Financial Impact:None Advisory Commission Discussion:N/A Council Committee Discussion:N/A Attachments:•Resolution•Updated Joint Powers Agreement VI-04X-E-02 VI-04 RESOLUTION 04--17 WHEREAS,The Minnesota High Speed Rail Commission (Commission)is a joint powers board under the provisions of Minnesota Statutes Section 471.59 and Chapter 398A and; WHEREAS,The Commission is established by a Joint Powers Agreement by and between Dakota County Regional Railroad Authority,Goodhue County Regional Railroad Authority,Ramsey County Regional Railroad Authority,Wabasha County Regional Railroad Authority,Winona County Regional Railroad Authority,La Crosse Area Planning Committee, City of Cottage Grove,City of Goodview,City of Hastings,City of Lake City,City of Red Wing,City of Saint Charles,City of Saint Paul,City of Saint Paul Park,City of Utica,City of Wabasha,City of Winona;and WHEREAS,The Commission is working to establish the Twin Cities-Milwaukee- Chicago second daily round-trip passenger train along the current Amtrak Empire Builder route in Minnesota (River Route),serving the current station stops in between;and WHEREAS,The Commission is working to establish high-speed intercity passenger rail service between Chicago and Saint Paul along the River Route,the federally designated high speed passenger rail route;and WHEREAS,The Commission voted to amend the Joint Powers Agreement to clarify the Commission’s purpose as an advocacy organization that supports rail system analysis and research to better advocate for rail system investments in the River Route;and WHEREAS,The Commission voted to amend the Joint Powers Agreement to remove commuter rail stations from the funding formula and to provide direction in adjusting the funding formula should a Financial Party withdraw from the Commission;and WHEREAS,The Commission voted to amend the Joint Powers Agreement to include Metropolitan Planning Organizations as eligible Financial Parties and allow the appointment of tlie executive director as its representative to tire Commission;and WHEREAS,The Commission voted to amend the Joint Powers Agreement to include its current member Parties and provide for a means to add new member Parties. NOW,THEREFORE,BE IT RESOLVED BY THE COUNCIL OF THE CITY OF HASTINGS,the Council approves the Amended and Restated Minnesota High Speed Rail Commission Joint Powers Agreement and authorizes the Chair and Chief Clerk to execute the Agreement. ADOPTED this 17th day of April,2017. Paul J.Hicks Julie Flaten Mayor City Clerk X-E-02 VI-04 AMENDED AND RESTATED JOINT POWERS AGREEMENT ESTABLISHING THEMINNESOTAHIGHSPEEDRAILCOMMISSION THIS AMENDED AND RESTATED JOINT POWERS AGREEMENT ("Amended JointPowersAgreement"),is entered into by and between the undersigned Regional RailroadAuthorities,Cities,and Metropolitan Planning Organizations,all being governmental units, pursuant to the authority contained in the Minn.Statutes§§471.59 or 398A. RECITALS A.The Minnesota High Speed Rail Commission Joint Powers Agreement (Agreement)was adopted and executed by the member Parties in 2009. B.The Agreement was amended to include the La Crosse Area Planning Committee,a Metropolitan Planning Organization,as a Financial Party in 2016. C.The Minnesota High Speed Rail Commission agreed to revisit the Agreement to clarify its mission,definitions of membership and funding formula. NOW THEREFORE in consideration of the foregoing Recitals and other technical corrections,the High Speed Rail Commission Joint Powers Agreement is amended and restated in its entirety as follows: WITNESSETH WHEREAS,the Minnesota High Speed Rail Corridor (Corridor)is defined as a Canadian Pacific Railway corridor from La Crescent to the Union Depot in St.Paul,Minnesota traveling along the Mississippi River;and WHEREAS,the Minnesota High Speed Rail Corridor will connect Minnesota to Chicago,and the greater Midwest Regional Rail System,a 3,000 mile,nine-state high speed rail network advocated for by the Midwest Interstate Passenger Rail Commission (MIPRC),and WHEREAS,the MIPRC estimated that connecting Minnesota to the Midwest Regional Rail System would generate over 1,500 permanent jobs and $1.2 billion in user benefit to Minnesota,and WHEREAS,the identified economic benefits will not be achieved without high speed rail, and WHEREAS,there are opportunities to build upon these economic benefits via a variety of rail transportation improvements to the Corridor,including passenger rail and high speed rail,and X-E-02 VI-04 WHEREAS,investments in the Corridor provide the opportunity to simultaneously advance other rail projects,and WHEREAS,the implementation of rail improvements allows for the maximization of public resources,and WHEREAS,the communities along the Corridor wish to collaboratively plan for the multiple rail transportation improvements and for the related land use and development impacts to maximize the public investment. NOW,THEREFORE,in consideration of the mutual promises and benefits that each party shall derive here from,the parties agree as follows; ARTICLE L DEFINITIONS Unless the context otherwise requires,the terms defined in this section shall for all purposes of this agreement have the meanings herein stated: Agreement means this Amended Joint Powers Agreement as it now exists and as it may hereafter be amended. Alternate means the individual appointed to the Commission as provided in Article 4 of this Agreement as a substitute to the appointed Member. Commission (Minnesota High Speed Rail Commission)shall mean the joint powers board herein established. Party shall mean any Regional Railroad Authority,City or Metropolitan Planning Organization identified in Article 6 of this Agreement as eligible to participate in this Agreement and which approves and executes this Agreement. Financial Party shall mean any Regional Railroad Authority or Metropolitan Planning Organization identified in Article 6 of this Agreement that has approved and executed this Agreement and is financially contributing to the Commission. Minnesota High Speed Rail Corridor shall be defined as the Canadian Pacific Railway corridor from La Crescent to the Union Depot in St.Paul,Minnesota traveling along the Mississippi River. Passenger Rail shall mean an electric or diesel powered railway that connects multiple regions and the cities in between.Service is focused on moving people between regional centers at speeds not exceeding 90 miles per hour. X-E-02 VI-04 High Speed Rail shall mean an electric or diesel powered railway that travels in excess of 90 miles per hour and connects metropolitan regions together. Member shall mean an individual appointed to the Commission as provided in Article 4 of this Agreement. Quorum shall consist of a majority of the Financial Parties to this Agreement as defined inArticle6thathaveapprovedandexecutedthisAgreementandatleasttwocitiesthathave approved and executed this Agreement or as otherwise defined in the Bylaws. Host Railroad shall mean the owner of the railroad track upon which Passenger Rail,or High Speed Rail will travel. ARTICLE 2.PURPOSE The purpose of this Agreement is to form a Joint Powers Board under the provisions of Minnesota Statutes Section 471.59 and 398.A to enable the Parties to cooperatively advocate for,and analyze the feasibility of,enhanced rail transportation options and an integrated rail transportation system in the Minnesota High Speed Rail Corridor that includes passenger,high speed,and freight rail along with associated land use and development impacts.To accomplish these activities the Joint Powers Board may acquire and manage federal,state,and local funding in conjunction with the Minnesota Department of Transportation,Metropolitan Council,La Crosse Area Planning Committee,and the Wisconsin Department of Transportation and the performance of any responsibilities delegated by the Commissioner of Transportation,Chair of the Metropolitan Council,Chair of the La Crosse Area Planning Committee,and/or the Secretary of Transportation subject to the conditions that sufficient funds are received. The Parties will communicate and coordinate the Commission's activities as necessary with Canadian Pacific Railway,Burlington Northern Santa Fe Railway,Union Pacific Railway, Amtrak,state agencies,counties,municipalities,the Federal Railroad Administration,other regulatory,planning,and funding agencies,tribal authorities,and other stakeholders for advancement of the Commission's purposes, ARTICLE 3.TERM This Agreement shall be effective (the Effective Date)and the joint powers board established herein may commence exercising the powers authorized in this Agreement on the date that the Agreement has been approved by resolution and duly executed by two (2) Financial Parties by action of their governing boards.This Agreement shall remain in full force and effect until terminated by the Parties pursuant to Article 10 of the Agreement. ARTICLE4.JOINT POWERS BOARD X-E-02 VI-04 A.There is hereby created a Joint Powers Board as a public entity;to be known as the Minnesota High Speed Rail Commission.The Commission shall be an entity separate from its member Parties and shall not be deemed an agent or partner of the member Parties and the member Parties shall not be liable for the actions of the Commission.The Commission shall have full authority to exercise all powers stated herein. B.The Commission shall consist of one Member and one Alternate appointed through resolution by each Party.Each Member or Alternate from a county railroad authority or city must be a member of the governing body,commission,or council which appoints him or her,and must remain so during his or her term. Metropolitan Planning Organizations may appoint their Executive Director as their Member or Alternate in place of a member of their governing body. C.Each Member and Alternate shall be appointed for one-year terms,beginning January 15,by resolution of the governing body,commission,or council.In the event that any Member or alternate shall not have been appointed by January 15 inanyyear,the incumbent Member shall serve until a successor has been appointed. Removal of any Member or alternate during the term for which the Member has been appointed may be done at any time,but shall be done only by resolution of the appointing governing body,commission,or council. ARTICLES-VOTING Board voting shall be as follows:Each Financial Party receives three (3)votes and each Party that is a non-Financial Party receives one (1)vote. A.In the event that the appointed Member is not present at a meeting,their alternate may cast all of their Party’s allocated votes.Alternates must be present at the Commission meeting to cast their Party’s vote(s). B.All actions of the Commission require both a simple majority vote of the Parties present and a simple majority vote of the Financial Parties present.However,for all actions involving the expenditure of funds and adoption of the budget,a simple majority of the whole Commission plus a super majority vote of all Financial Parties is required.A super majority vote is defined as at least 2/3 of the Financial Parties. ARTICLE 6.PARTIES Membership on the Commission is open to governmental units as defined in Minn.Stat. Sections 471.59 or 398A,that are in or near the Minnesota High Speed Rail Corridor as defined in Article 1.The governmental units that are eligible for participation in the Commission upon adoption of this Agreement by their respective governing body are: A.Financial Parties: a.Dakota County Regional Railroad Authority——- I X-E-02 VI-04 b.Goodhue County Regional Railroad Authority c.Ramsey County Regional Railroad Authority d.Wabasha County Regional Railroad Authority e.Winona County Regional Railroad Authority f.La Crosse Area Planning Committee,a Metropolitan Planning Organization B.Non-Financial Parties: a.City of Cottage Grove b.City of Goodview c.City of Hastings d.City of Lake City e.City of Red Wing f.City of St.Charles g.City of St.Paul h.City of St Paul Park i.City of Utica j.City of Wabasha k.City of Winona C.Following the initial term,Commission Members terms shall commence on January 15 of a calendar year and end on January 14 of the next succeeding year,or until asuccessorisappointed. ARTICLE 7.POWERS OF COMMISSION The Commission has such authority as is necessary and proper to make all decisions tocarryoutitspurposeasdescribedinArticle2.Such powers shall be subject to the provisions of Minn.Stat §471.59 and 398.A and will include,but not be limited to,any or all of the following powers to the extent provided by law or not otherwise limited by this Agreement. A.Adopt an annual budget,together with a statement of the sources of funding and an estimated amount required of each Financial Party. B,For the purpose of advocacy and analysis as established and as provided in Article 2 above,enter into transactions,including contracts or leases,required in furtherance of this Agreementand statutory mandate,and enforce such transactions to the extent available in equity or at law.The contracting and purchasing requirements oftheCommission's designated fiscal agent as identified in Article 9 E shall apply hereto.The Commission may approve any contract relating to this Agreement up to the amount approved in the annual budget,and may authorize the Chair of the Commission to execute those contracts. C.The Commission shall have the power to adoptsuch by-laws that it may deem necessary or desirable for the conduct of its business.Such by-laws shall be X-E-02 VI-04 consistent with this Agreement and any applicable laws or regulations.The by-laws may provide for the appointment by the Commission of ex-officio,non-voting members to the Board,including but not limited to the appointment of representatives from the Prairie Island Indian Community to serve as ex-officio non¬ voting members,and may establish such conditions as it deems appropriate for such appointment.Approval of the by-laws shall be in accordance with Article 5 of this Agreement. D.Apply for and accept gifts,grants,and loans of money,other property,or assistance from the United States government,the State of Minnesota and its political subdivisions,the State of Wisconsin and its political subdivisions,the Prairie Island Indian Community,or any person,corporation,partnership,association,or agency, public or private for any of its purposes;enter into any agreement in connection therewith,to hold,use and dispose of such money,other property,and assistance in accordance with the terms of the gifts,grants,or loans relating thereto. E.Acquire and hold personal property as may be required to accomplish the advocacy and analysis purposes of this Agreement as established and as provided in Article 2 above,and,upon termination of this Agreement,make distribution of such propertyasisprovidedforinthisAgreement. F.Employ agents and employees,and to fix the compensation and all other terms and conditions of employment thereof. G.Incur debts,liabilities,or obligations which do not constitute a debt of any of the parties.The Joint Powers Board does not have authority to incur debts,liabilities,or obligations which constitute a debt of any of the parties. H.For the purposes of advocacy and analysis as established and as provided in Article 2 above,enter into agreements and non-binding memoranda of understanding between the Commission and the Prairie Island Indian Community,Host Railroads including Canadian Pacific Railway,Burlington Northern Santa Fe Railway,Union Pacific Railway,and Amtrak in accordance with applicable law. I.Sue and be sued in its own name. J.Purchase such insurance in its own name as the Commission deems necessary K.The Commission agrees to indemnify and defend any Party against any and all liability,costs,damages,and expenses sustained or incurred by the Party pursuant to this agreement.Furthermore,pursuant to Minnesota Statute 471.59 subd la.,the Parties and each one of them hereby affirmatively declare that they will not be responsible for the acts or omissions of any other Party under this agreement. All powers granted herein shall be exercised by the Commission in accordance with the legal requirements applicable to the regional railroad authorities. 6 1 X-E-02 VI-04 ARTICLE 8.OFFICERS,EMPLOYEES,AND SERVICES A.Chair and Vice-ChairTheCommissionshallelect a Chair and Vice-Chair from its membership at its first regular meetingeach year.The Chair and Vice Chair shall consist of at least one Financial Party member.The Chair and Vice-Chair shall be elected by the Commission for a term of one (1)year.The Chair shall preside at all meetings of the Commission,may establish such committees as may be needed from time to time and shall perform other duties and functions as may be determined by the Commission.The Vice-Chair shall assume the duties of the Chair during the absence of the Chair and perform such other duties as may be determined by the Commission.If both the Chair and Vice-Chair are absent,the Commission may elect a temporary Chair to conduct its business,provided a quorum is present. Notwithstanding any other provision of this Agreement,election of a temporary chair shall be by a simple majority vote of the quorum. B,Executive Committee; The Commission may establish an Executive Committee of the Commission consisting of one (1)representative of each Financial Party.The Executive Committee shall develop and make recommendations to the Commission regarding the ongoing responsibilities of the Commission,and shall have such other duties as set forth in the Commission's by-laws. C.Staff Each Party may provide staff support to the Commission,subject to the approval of the Commission. D.Vacancies If an appointment of any Member or alternate is vacated before the end of his or her term,the vacancy shall be filled by appointment by the appropriate Party pursuant to Articles 4 and 6 of this Agreement.Vacancies shall be filled within thirty (30) days of their occurrence.A vacancy shall be deemed to have occurred when any of the conditions specified in Minn.Stat.§351.02 exist. E.Meetings The Commission shall meet at regular intervals at such times and places as the Commission shall establish in its by-laws.Special meetings may be held on reasonable notice by the Chair or any two members upon terms and conditions as the Commission may determine and that conform to the Minnesota Open Meeting Law,Minn.Stat.§13D. F.Committees X-E-02 VI-04 The Commission may establish standing committees of the Commission by providing for such committees by resolution.The Chair may establish ad hoc committees of the Commission. ARTICLED funding; It is understood by the Parties that the activities and duties of the Commission may be funded primarily by grant monies from the United States Government,the State of Minnesota or any other association or agency.The Financial Parties identified in this Agreement agree to contribute funding,to the extent not covered by grant funds,to cooperatively advocate for,and analyze the feasibility of,enhanced rail transportation options and an integrated rail transportation system in the Minnesota High Speed Rail Corridor including passenger,high speed,and freight rail along with the associated land use and development impacts proportionatelyas provided in Article 9 A below. A.Funding Allocation Funding responsibility shall be allocated among the Financial Parties for the purpose of advocating for,and analyzing the feasibility of,enhanced rail transportation options and an integrated rail transportation system in the Minnesota High Speed Rail Corridorincludingpassenger,high speed,and freight rail along with the associated land use and development impacts as follows: 1.50%of the annual operating budget of the Commission shall be allocated among the Financial Parties on the basis of each Financial Party's proportionate share ofthetotalpopulationofallFinancialParties. 2.10%of the annual operating budget of the Commission shall be allocated among the Financial Parties on the basis of each Financial Party's proportionate share of Corridor Mileage for all Financial Parties. 3.31%of the annual operating budget of the Commission shall be allocated based upon high speed rail stations planned to be located within a Financial Party's jurisdiction as follows: A.Ramsey County Regional Railroad Authority a.High Speed Rail i.Union Depot 13% B.Dakota County Regional Railroad Authority a.High Speed Rail i.None 0% C.Goodhue County Regional Railroad Authority a.High Speed Rail i.Red Wing 6% D.Wabasha County Regional Railroad Authority a.High Speed Rail X-E-02 VI-04 i.None 0% E.Winona County Regional Railroad Authority a.High Speed Rail i.Winona 6% F.La Crosse Area Planning Committeea.High Speed Rail i.La Crosse 6% 4.9%of the annual operating budget of the Commission and any other funding requirements shall be allocated among the Financial Parties equally. 5.If a Financial Party withdraws from the Commission,such Financial Party's share of the Funding Allocation as calculated according to this Article 9A shall berecalculatedamongtheremainingFinancialParties.If a Financial Party that hasanallocationasdescribedinArticle9(3)withdraws from the Commission,thesharetotheremainingFinancialPartiesshallberecalculatedascloselytothe existing proportions as possible,rounded to the nearest 1%. 6.All percentages shall be rounded to the nearest .1%.If this rounding results in a total combined percentage from Article 9 (1),(2),(3),and [4]that is over 100% the overage shall be credited to one or more Financial Parties at the discretion of a majority vote of the Financial Parties. 7.Beginning with the budget allocation for the year 2012 and every four years thereafter,the Commission shall update the population estimates and reallocatethefinancialshareofeachFinancialParty. B.Annual Budget For the calendar year next following the calendar year in which the Effective DateoccursandallsubsequentyearsonorbeforeNovember15,the Commission shall establish and approve a budget.Each Financial Party shall be assessed for its proportionate share of the budget according to the schedule above. C.Financial Parties Budget Approval Adoption of the budget shall be in accordance with Article 5 of this Agreement. D.CQntnlnit.io.n DMQ Except for any initial contribution required by this Agreement,assessments made under the provisions of this article shall be paid by each Financial Parties within 60 days of receiving the request for payment by the Commission's fiscal agent. E.Budgeting,Accounting,Fiscal Agent,and OtherService The Commission may contract with any Financial Party to provide contract management,legal review,and budgeting and accounting services necessary or convenient for the Commission and otherwise act as the Commission’s fiscal agent Such services shall include,but not be limited to,management of all funds,including 9| X-E-02 VI-04 contributions and grant monies,payment for contracted services,and relevantbookkeepingandrecordkeeping.The contracting and purchasing requirements of the member so selected shall apply to transactions of the Commission.Such member shall identify the staff person to work as a liaison with the Commission. F.Accountability fenFundsAllfundsshallbeaccounted for according to generally acceptable accounting principles.A report on all receipts and disbursements shall be forwarded to the Commission on an annual basis.The Parties have the authority to request reports pertainingto any and all budgeting and accounting services.All interest earned from established Commission funds shall be credited back to that same fund. ARTICLE 10.WITHDRAWAL AND TERMINATION A.Withdrawal Any Party may withdraw from this Agreement upon 90-days prior written noticeevidencedbyresolutionoftheparty’s governing body to the Commission.In the event of withdrawal by any member Party,this Agreement shall remain in full force and effect as to all remaining Parties. B.Effect pf Withdrawal,Disposition pf Property,Funds,and_Qbligations A Party withdrawing from this Agreement shall,prior to such withdrawal,pay the full amount of any unpaid assessments to the Commission as defined in Article 9.A member Party withdrawing from this Agreementshall not receive a distribution of property or funds until such time as this Agreement is terminated by all Parties pursuant to this Article 10.Such disposition of property shall be in accordance with the provisions of Section D of this Article 10. Any Party withdrawing shall be liable for any assessment in the year in which thewithdrawalbecomesfinalonlyfortheperiodinsuchyearthatthememberParty remains a Party.The Party's assessment shall not exceed the sum of one-twelfth [l/12th]the full assessment multiplied by the number of months or fractions thereof in the year during which the Party remains a Party to this Agreement. C.Termination This Agreement shall terminate upon the occurrence of any one of the following events: a.When necessitated by operation of law or as a result of a decision by a court of competent jurisdiction;or b.When all the Financial Parties agree,by resolution adopted by the respective governing bodies,to terminate this Agreement and all obligations of the Commission shall have been paid or otherwise defeased in full. D.Disposition of Property and Funds X-E-02 VI-04 At such time as this Agreement is terminated,any property interest remaining in the Commission,following discharge of all obligations owed by the Commission,shall be disposed of and the proceeds of the property shall be returned to the member Parties in proportion to their contribution over the life of the agreement. E.Effect of Withdrawal of Financial Party on Budget In the event a Financial Party withdraws,the unpaid assessment allocable to such Party in the year of withdrawal and subsequent years shall be reallocated to the remaining Financial Parties in proportion that the assessment allocations underArticle9(A)hereof bear to each other.Any reallocated assessments to the remaining Financial Parties due to the withdrawal of a Financial Party(ies)are due within sixty (60)days of the reallocation. F.Effect of an Eligible Financial Party not joiningan Budget In the event a Financial Party chooses not to join the Agreement,the financial allocation allocable to such Financial Party in the year of their choosing not to joinandsubsequentyearsshallbereallocatedtotheremainingFinancialPartiesin proportion that theassessment allocations under Article 9(A)hereof bear to each other.Any reallocated assessments to the remaining Financial Parties due to the withdrawal of a Financial Party(ies)are due within sixty (60)days of the reallocation. ARTICLE 11.ADDITION OF NEW PARTIES In addition to the Financial Parties and Non-Financial Parties named in Article 6 above, membership on the Commission is open to governmental units,as defined in Minn.Stat. Sections 471.59 or in 398A,that are in or near the Minnesota High Speed Rail Corridor as defined in Article 1 upon invitation to the prospective Party by the Commission.To join the Commission,Prospective Parties must approve and execute this Agreement as evidenced by a signed resolution provided to the Commission.Upon receipt of the resolution and executed Agreement,the Commission shall recognize the new Party at its next scheduled meeting and recorded in the meeting minutes as the effective date of membership. Upon recognition by the Commission,the new Financial Party will be included in the funding allocation described in Article 9 and a dues assessment will be prepared and sentbytheCommission's fiscal agent.The new Financial Party will be part of subsequent Commission budgets. ARTICLE 12.MISCELLANEOUS A.Amendments This Agreement may be amended by unanimous agreement of the member Parties as evidenced by resolutions adopted by the respective governing bodies. B..Records,Accounts,and Reports111 X-E-02 VI-04 The Commission shall establish and maintain such funds and accounts as may be required by good accounting practices.The books and records of the Commission shall be subject to the provisions of Minn.Stat.Ch.13,the Minnesota Government Data Practices Act,and Minn.Stat.§16C.05,subd.5.The Commission,within one hundred twenty (120)daysafter the close of each fiscal year,which shall be January 1to December 31,shall give a complete written report of all financial activities forsuchfiscalyeartotheParties. C.Counterparts This Agreement may be executed in two or more counterparts,each of which shall be deemed an original,but all of which shall constitute one and the same instrument. D.Severability The provisions of this Agreement are severable.If any paragraph,section, subdivision,sentence,clause,or phrase of the Agreement is for any reason held to be contrary to law,or contrary to any rule or regulation having the force and effect of law,such decision shall not affect the remaining portions of this Agreement. E.Entire Agreement This Agreement constitutes the entire agreement between the member Parties and supersedes all prior written or oral agreements relating to the Commission. F.Alternate Dispute Resolution In the event of a dispute arising under this Agreement,the member Parties and the Commission agree to attempt to resolve their dispute by following the process described below: 1.A member Party or Parties shall provide written notice to the Commission describing perceived conflict,positions,and underlying reasons. 2.The Commission shall provide written response to notice within seven (7)days of receipt of notice. 3.The Parties and Commission shall meet within 14 days of receipt of response with a neutral facilitator.The neutral facilitator will be a representative from the Minnesota Office of Dispute Resolution.Costs of such facilitator shall be shared equally by all parties to the dispute. 4.At the first meeting,the neutral facilitator will assist the parties to the dispute in identifying the appropriate Parties and participants in the dispute resolution process,their concerns,a meeting agenda and design for any subsequent meetings.The Parties shall agree on a process for resolving the problem that would involve additional negotiations,mediation,or arbitration. 5.In developing the process,the parties will be guided by the following principles: 12 1 X-E-02 VI-04 i.the Parties will attempt in good faith to reach a negotiated settlement; ii.the Parties agree that there must be fair representation of the parties directly involved in the dispute; iii.the Parties will use legal proceedings as a last resort;and iv.in the event the Parties are unable to resolve the dispute,each party retains all rights,remedies,or defenses it had prior to entering the process. 6.The Parties will report to the Commission within 60-days of their first meeting on the resolution of the dispute or a recommendation to commence legal proceedings. G.Minnesota Laws Govern The Laws of the State of Minnesota shall govern all questions and interpretations concerning the validity and construction of this Agreement and the legal relations between the Parties and their performance and the appropriate venue and jurisdiction for any litigation regarding this Agreement shall be in State district court located within the County of Ramsey,State of Minnesota.Litigation,however, in the federal courts involving the Parties will be in the appropriate federal court within the State of Minnesota.If any provision of this Agreement is invalid,illegal, or unenforceable the remaining provisions will not be affected. IN WITNESS WHEREOF,the parties to this Agreement have hereunto set their hands on the date written below. X-E-02 VI-04 IN TESTIMONY WHEREOF the parties have duly executed this agreement by their duly authorized officers. CITY OF HASTINGS Paul J.Hicks Mayor Date Dan Fluegel City Attorney Date Melanie Mesko Lee City Administrator Date X-E-02