HomeMy WebLinkAboutIX-01 (a-d) Administrative Penalties and Special Charges for Diseased Tree Removals City Council Memorandum
To: Mayor Fasbender & City Council Members
From: Chris Eitemiller, Finance Manager & Ashley DeBernardi, Assistant Finance Manager
Date: November 3, 2025
Item: Certify Unpaid Administrative Penalties and Special Charges for Diseased Tree Removals
Council Action Requested:
Staff requests Council approval to certify special assessments for unpaid administrative penalties and
unpaid special charges for diseased tree removals. If approved, the Finance Department will certify these
balances to Dakota County.
Background Information:
In 2024, for the first time, the City was planning to assess unpaid balances for administrative penalties
and special charges for diseased tree removals. Late last year, it was determined that this would first
require a notice and public hearing in accordance with Minnesota Statutes Chapter 429 and Section 7.15
of the City Charter.
Because of the time required for this process, these balances were not assessed in 2024, to be added to
property taxes payable in 2025. Staff requests Council approval to now assess these listed unpaid
balances.
The City Council previously ordered a public hearing to be held on November 3, 2025. After the public
hearing, the City Council may approve the special assessments. Staff will certify the unpaid balances to
Dakota County to be added to property taxes payable in 2026. The final certification list will be adjusted
to reflect any payments received prior the deadline stated in the attached resolution.
Financial Impact:
Approximately $13,000 of unpaid administrative penalties and special charges for diseased tree removals
will be certified to Dakota County.
Advisory Commission Discussion:
N/A
Council Committee Discussion:
N/A
Attachments:
1. Resolution – requesting approval to assess unpaid administrative penalties and special charges
for diseased tree removals.
2. Attachment A – Current list of delinquent balances to be certified to Dakota County.
IX-01 (a-d)
CITY OF HASTINGS
DAKOTA COUNTY, MINNESOTA
RESOLUTION NO. _________
RESOLUTION CERTIFYING UNPAID ADMINISTRATIVE PENALTIES AND SPECIAL
CHARGES FOR DISEASED TREE REMOVALS
WHEREAS, the City Council has the authority to assess unpaid administrative penalties
pursuant to Section 7.15 of the City Charter and unpaid diseased tree removal invoices as
special charges pursuant to Minnesota Statutes Chapter 429, and
WHEREAS, property owners have received notice of the public hearing and have the
opportunity to speak with Council about these unpaid balances if desired.
WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met,
heard, and passed upon all objections to the proposed certifications of unpaid charges for unpaid
administrative penalties and special charges for diseased tree removals; and
WHEREAS, the amounts of bad debt have been minimized through diligent collection efforts by
staff.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
HASTINGS AS FOLLOWS; that
1. The certification of unpaid charges in Exhibit A, attached hereto and incorporated
herein, is hereby accepted and approved and shall constitute a lien against the property
listed.
2. The certification shall be payable over a period of one year on or before the first Monday
in January.
3. The owner of the affected property may, at any time prior to certification of unpaid
charges to the County Auditor, pay the whole of the certified unpaid charges on such
property, with interest accrued to date of payment, to the City Finance Department except
that no interest shall be charged if the entire certified amount is paid within thirty (30)
days from the adoption of this resolution. The taxpayer may at any time thereafter, pay
the City Finance Department or County Auditor, the entire amount certified and remaining
unpaid, with interest accrued to December 31 of the year in which payment is made. Such
payment must be made before November 15, or interest will be charged through
December 31 of the following year.
4. The City Clerk shall transmit a certified copy of this resolution with Exhibit A to the County
Auditor to be extended on the property tax list of Dakota County and the certified unpaid
charges shall be collected and paid over in the same manner as property taxes.
ADOPTED BY THE CITY COUNCIL OF HASTINGS, MINNESOTA, THIS 3rd DAY OF
NOVEMBER, 2025.
IX-01 (a-d)
Ayes:
Nays:
_________________________
Mary D. Fasbender, Mayor
ATTEST: ____________________________
Kelly Murtaugh, City Clerk
IX-01 (a-d)
EXHIBIT A
CERTIFICATION LISTING
The Property Identification Numbers and addresses of the parcels assessed are as follows:
Property ID
Balance if Paid by
November 14,
2025
192970301010 $20.00
193215091010 $400.00
191640009110 $400.00
196340005040 $1,456.00
196340005040 $1,290.00
198375000360 $400.00
198375000360 $200.00
193215087050 $220.00
190380010020 $220.00
198170003130 $200.00
193195008081 $320.00
193195008081 $220.00
193195008081 $220.00
191470101020 $400.00
191470101020 $220.00
191340005010 $1,409.38
193215040020 $288.75
193215022040 $640.00
197730001230 $200.00
198270001030 $40.00
193208001030 $482.47
193208001020 $35.89
191950001040 $200.00
197330000100 $400.00
198170003050 $200.00
191640402350 $200.00
193195018010 $220.00
191360007020 $220.00
191750038060 $220.00
198375100860 $440.00
198375100860 $880.00
191050019040 $220.00
191050019040 $440.00
IX-01 (a-d)
City Council Memorandum
To: Mayor Fasbender & City Council Members
From: Chris Eitemiller, Finance Manager & Ashley DeBernardi, Assistant Finance Manager
Date: November 3, 2025
Item: Remove Unpaid Administrative Penalties and Special Charges for Diseased Tree Removals from
Accounts Receivable for Select Properties.
Council Action Requested:
Approve removing four properties with outstanding Accounts Receivable balances related to delinquent
balances for unpaid administrative penalties and unpaid special charges for diseased tree removals.
Background Information:
In 2024, for the first time, the City was planning to assess unpaid balances for administrative penalties
and special charges for diseased tree removals. Late last year, it was determined that this would first
require a notice and public hearing in accordance with Minnesota Statutes Chapter 429 and Section 7.15
of the City Charter.
Because of the time required for this process, these balances were not assessed in 2024, to be added to
property taxes payable in 2025. Staff is in process to now assess these listed unpaid balances to be
added to property taxes payable in 2026.
However, there are four properties with unpaid balances for administrative penalties and special charges
for diseased tree removals that were sold prior to these balances being assessed to Dakota County.
Because of this, these four balances must be written off.
Financial Impact:
As mentioned above, there are four properties whose balances must be written off:
PID 19-17500-38-110 $400.00
PID 19-11250-14-063 $407.50
PID 19-32150-67-050 $150.00
PID 19-10500-43-100 $200.00
Total to be Written Off $1,157.50
Advisory Commission Discussion:
N/A
Council Committee Discussion:
N/A
Attachments:
Resolution – approving removal of balances related to four properties that were sold with unpaid
administrative penalties and special charges for diseased tree removals prior to those balances being
certified to Dakota County.
IX-01 (a-d)
CITY OF HASTINGS
DAKOTA COUNTY, MINNESOTA
RESOLUTION NO. ____________
RESOLUTION TO WRITE OFF UNPAID DELINQUENT ADMINISTRATIVE PENALTIES AND DISEASED TREE REMOVALS
AS UNCOLLECTABLE
WHEREAS, the City of Hastings The Unpaid Administrative Penalties and Special Charges for Diseased Tree
Removals, identified as Dakota County Property Identification Numbers (PIDs), are listed below:
PID 19-17500-38-110 $400.00
PID 19-11250-14-063 $407.50
PID 19-32150-67-050 $150.00
PID 19-10500-43-100 $200.00
Total to be Written Off $1,157.50
The Unpaid Administrative Penalties and Diseased Tree Removals total $1,157.50 to be written off, and
WHEREAS, The Unpaid Administrative Penalties and Special Charges for Diseased Tree Removals were not specially
assessed against the properties prior to each property’s sale, and
WHEREAS, the City may not assess these properties’ new owners for these costs post-sale, and
WHEREAS, the City Attorney has determined that the City should write off the value of these Unpaid penalties
and tree removal charges, and remove these balances from the City’s outstanding Accounts Receivable balances,
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HASTINGS AS FOLLOWS:
1. The Unpaid Administrative Penalties and Diseased Tree Removals totaling $1,157.50 against
PIDs 19-17500-38-110, 19-11250-14-063, 19-32150-67-050, and 19-10500-43-100 shall be
removed from the City’s Delinquent Accounts Receivable balances.
2. City staff are directed to update financial records accordingly.
ADOPTED BY THE CITY COUNCIL OF HASTINGS, MINNESOTA, THIS ______ DAY OF NOVEMBER, 2025.
Ayes:
Nays:
ATTEST:
______________
Kelly Murtaugh, City Clerk
Mary D. Fasbender, Mayor
SEAL
IX-01 (a-d)
City Council Memorandum
To: Mayor Fasbender & City Councilmembers
From: Chris Jenkins, Parks & Recreation Director
Date: November 3,2025
Item: Assessment Deferral Agreement 1833 Maple Street
Council Action Requested: Approve Assessment Deferral Agreement for
1833 Maple Street.
Background Information: The City of Hastings and Hastings City Council
approved the boulevard tree protection and removal program administered
by the City Forester and Parks and Recreation Department. An element of
that program allows residents to choose to have the cost of protection or
removal assessed to their property taxes and allow them to pay that balance
over time.
This is different than a resident not paying their bill for a tree removal and
does not incur any late or penalty fees.
The owners of 1833 Maple Street have chosen to have the cost of tree
removal assessed to their property taxes, and the attached agreement
memorializes that choice. The agreement was drafted by the City Attorney
and reviewed by Parks and Recreation staff.
Staff recommend approving the attached Assessment Deferral Agreement
as presented.
Financial Impact: The City has already paid the tree removal contractor to
remove the affected boulevard tree at 1833 Maple Street, and the property
owner will pay that cost over a period of 5 years. The assessment amount
is $752.25.
Advisory Commission Discussion: N/A
Council Committee Discussion: N/A
Attachments:
▪ Assessment Deferral Agreement for 1833 Maple Street
IX-01 (a-d)
1
CITY OF HASTINGS
ASSESSMENT DEFERRAL AGREEMENT
FOR 1833 MAPLE STREET
THIS AGREEMENT FOR DEFERRED ASSESSMENT (“Agreement”) is entered into
and effective as of the _____ day of __________, 2025 (“Agreement Date”), by and between the City
of Hastings, a Minnesota municipal corporation (“City”), and Deborah Grant and Richard Harris
(“Owner”).
WITNESSETH:
WHEREAS, the Owner is the fee simple Owner of property located at 1833 Maple Street,
Hastings, Dakota County, Minnesota, Dakota County PID 198375000450, legally described on the
attached Exhibit A (“Property”); and
WHEREAS, the Owner has been notified by the City that a pest infected tree is located on
the Property; and
WHEREAS, the City Code § 95.04 declares that an infested tree is a public nuisance and
provides the City with the authority to abate the public nuisance; and
WHEREAS, the Owner is willing to enter into this Agreement to reimburse the City for the
costs of the abatement over a period of time; and
WHEREAS, the City has a contractor available to remove the infected tree and stump for an
estimated cost of $752.25 (“Project”) and
WHEREAS, the Owner is willing to agree to the levy of the Project costs against the Property,
in an amount that equals the Assessment Waiver Amount for the Assessment Term with interest
accrual at the Assessment Interest Rate to pay for the cost of the Project; and
WHEREAS, the Owner is willing to waive their assessment appeal rights up to the
Assessment Waiver Amount which constitutes an estimated benefit pursuant to Minnesota Statutes,
Chapter 429 in the manner authorized by Minnesota Statutes § 462.3531 in return for the City’s
IX-01 (a-d)
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agreement to pay for the costs of the Project.
NOW, THEREFORE, in consideration of the mutual promises and covenants of each to the
other contained in this Agreement and other good and valuable consideration, receipt of which is
hereby acknowledged, the parties hereto do covenant and agree as follows:
ARTICLE I
THE AGREEMENT
Section 1.01 Purpose. The purpose of this Agreement is to memorialize the covenants and
agreements between the Owner and the City with regard to the Property and the Project including the
Owner’s waiver of assessment appeal rights up to the Assessment Waiver Amount which constitutes
an estimated benefit pursuant to Minnesota Statutes, Chapter 429 in the manner authorized by
Minnesota Statutes § 462.3531 in return for the City’s payment of the costs for the Project.
Section 1.02 Term. The term of this Agreement shall commence on the Agreement Date and
shall terminate upon the expiration of the Assessment Term (or upon prepayment of the levied
assessment).
ARTICLE II
DEFINITIONS
Section 2.01 Definitions. The following are terms used in this Agreement. The meanings as
used in this Agreement shall be expressly indicated below, unless the context of this Agreement
requires otherwise:
(a) Assessment Interest Rate: The special assessment levied against the Property shall
accrue interest at a rate of ____% per year for the Assessment Term.
(b) Assessment Term: The term of the special assessment levied against the Property shall
be five (5) years.
(c) Assessment Waiver Amount: The total Assessment Amount $752.25, which is
commensurate with the estimated special benefit of the Project to the Property.
ARTICLE III
COVENANTS AND AGREEMENTS
Section 3.01 Covenants and Agreements of the Owner. The Owner covenants and agrees
with the City that:
(a) Assessment Appeal Waiver: Owner hereby authorizes the City to certify to the Dakota
County Auditor/Property Tax Assessor a special assessment against the Property up
to the Assessment Waiver Amount for Project.
IX-01 (a-d)
3
The Owner hereby waives all rights to assessment notices, hearings and appeals, and
all other rights pursuant to Minnesota Statutes § 429.061, § 429.071 and § 429.081 for
the special assessment against the Property up to the Assessment Waiver Amount,
except as modified pursuant to Section 3.02(a). The Owner hereby waives any and all
procedural and substantive objections to the special assessment up to the Assessment
Waiver Amount against the Property, including, but not limited to, notice and hearing
requirements and any claim that any or all of the Assessment Waiver Amount against
the Property exceeds the benefit to the Property for the Project. The Owner
acknowledges and agrees that the benefit of the Project to the Property does in fact
equal or exceed the Assessment Waiver Amount. The Owner also acknowledges and
agrees that the Property receives a special benefit equal to or exceeding the
Assessment Waiver Amount.
The City and the Owner acknowledge and agree that the Owner’s waiver of
assessment appeal rights pursuant to Minnesota Statutes, Chapter 429, is capped at the
Assessment Waiver Amount by operation of Minnesota Statutes § 462.3531, except
as provided herein. The City and the Owner acknowledge and agree that the Owner
may appeal any special assessment above the Assessment Waiver Amount.
(b) Owner’s Covenant Not to Sue the City: Owner hereby covenants with the City not to
appeal or sue the City for a court to set aside, reduce, repeal, or invalidate the levied
assessment, or for other relief from the payment of the City’s levy of a special
assessment up to the Assessment Waiver Amount against the Property.
(c) Owner’s Covenant that Owner is the Fee Owner of the Property: Owner hereby
covenants and warrants with the City that Owner is seized in fee of the Property
and has good right to enter into this Agreement with the City.
Section 3.02 Covenants and Agreements of the City. The City covenants and agrees with
the Owner that:
(a) City to Pay for Project: The City agrees to pay for the costs of the Project directly to
the contractor upon proof of invoices from the contractor based on a pre-approved
amount that is no greater than the Assessment Waiver Amount. If the amount of the
invoices from the contractor is more or less than the Assessment Waiver Amount, then
the Assessment Waiver Amount shall be increased or reduced accordingly and the
parties agree that the Section 3.01(a) still applies, in that the Property receives a special
benefit equal to or exceeding the revised Assessment Waiver Amount.
(b) Assessment Waiver Amount: The City agrees that the City will certify/levy a special
assessment against the Property only up to the Assessment Waiver Amount for the
Project pursuant to this Agreement.
(c) City’s Covenant to Construct the Project: The City hereby covenants and warrants
IX-01 (a-d)
4
with the Owner that City will contract directly with a contractor to perform the
work for the Project.
(d) City Recording of this Agreement: The City will record this Agreement against the
Property and the costs of recording shall be included in the Assessment Waiver
Amount.
(e) Prepayment of Assessment: The City agrees that the Owner may prepay some or all
of the City’s assessment levy against the Property for the Project with no penalty and
only with interest accrual pursuant to Minnesota Statutes § 429.061.
ARTICLE IV
DEFAULT
Section 4.01 Default. If a party to this Agreement materially defaults in the due and timely
performance of any of its covenants, or agreements hereunder, the other party may give notice of
default of this Agreement. The notice shall specify with particularity the default or defaults on which
the notice is based. The notice shall specify a ten (10) day cure period within which the specified
default or defaults must be cured. If the specified defaults are not cured within the cure period, the
other party may pursue all remedies and sanctions available at law and in equity, including specific
performance.
Section 4.02 Attorneys’ Fees, Costs and Expenses. The Owner agrees to pay the City the
amount of the City’s assessment levy up to the Assessment Waiver Amount with accrued interest
together with the City’s attorneys’ fees, costs and expenses to defend the special assessment levy by
the City pursuant to this Agreement. The Owner acknowledges and agrees that the Owner would be
unjustly enriched if the City’s assessment levy pursuant to this Agreement was set aside, reduced,
repealed or invalidated by a court with jurisdiction over the Property since the Owner requested the
Project and this assessment financing for the Project. The Owner agrees that the court with jurisdiction
over the Property shall award the City the assessment levy up to the Assessment Waiver Amount with
accrued interest together with the City’s attorneys’ fees, costs and expenses for breach of the Owner’s
covenant not to appeal or sue the City pursuant to Article III, Section 3.01(b).
ARTICLE V
GENERAL PROVISIONS
Section 5.01 Notices. All notices, requests, demands or other communications required or
permitted by this Agreement shall be in writing and delivery shall be deemed to be sufficient if
delivered personally or by registered or certified mail, return receipt accepted, postage prepaid,
addressed as follows:
If to the City: City of Hastings
Attn: City Administrator
101 4th Street East
Hastings, MN 55033
IX-01 (a-d)
5
If to the Owner: Deborah Grant and Richard Harris
1833 Maple St.
Hastings, MN 55033
Section 5.02 Non-Assignability. Neither the City nor the Owner shall assign any interest in
this Agreement nor shall either party transfer any interest in the same without the prior written consent
of the other party.
Section 5.03 Binding Effect. This Agreement and the terms, conditions and covenants
contained herein and the transaction contemplated hereunder shall be binding upon and inure to the
benefit of the parties hereto and his respective successors, heirs, personal representatives, and
permitted assigns. This Agreement shall further be binding on subsequent purchasers of the Property
and shall run with the Property herein described.
Section 5.04 Severability. In the event any provision of this Agreement shall be held invalid
or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render
unenforceable any other provision hereof.
Section 5.05 Amendments, Changes and Modifications. This Agreement may be amended
or any of its terms modified or changed only by a written amendment authorized and executed by the
City and the Owner.
Section 5.06 Counterparts. This Agreement may be simultaneously executed in several
counterparts, each of which shall be an original and all of which shall constitute but one and the same
instrument.
Section 5.07 Entire Agreement. This Agreement shall constitute the entire agreement
between the parties and shall supersede all prior oral or written negotiations.
Section 5.08 Notice To Buyers. The Owner agrees to notify and provide any buyer of the
Property with an executed copy of this Agreement if the Owner sells any interest in the Property
following the execution of this Agreement by both the Owner and the City, but before the recording
of this Agreement with Dakota County Recorder and/or Registrar of Titles.
[remainder of page intentionally blank]
IX-01 (a-d)
6
IN WITNESS WHEREOF, the City and the Owner have caused this Agreement to be executed by
his duly authorized representatives.
CITY OF HASTINGS
By: ____________________________
Mary Fasbender
Mayor
By: ____________________________
Kelly Murtaugh
City Clerk
STATE OF MINNESOTA )
) ss.
COUNTY OF DAKOTA )
On this _____ day of _______________, 2025, before me a Notary Public within and for said
County, personally appeared Mary Fasbender and Kelly Murtaugh to me personally known, who
being each by me duly sworn, each did say that they are respectively the Mayor and the City Clerk of
the City of Hastings, the Minnesota municipal corporation named in the foregoing instrument, and
was signed on behalf of said municipal corporation by authority of its City Council and said Mayor
and City Clerk acknowledged said instrument to be the free act and deed of said municipal
corporation.
Notary Public
IX-01 (a-d)
7
OWNER
Deborah Grant
_____________________________
STATE OF MINNESOTA )
) ss.
COUNTY OF DAKOTA )
On this _____ day of _______________, 2025, before me a Notary Public within and for said
County, personally appeared Deborah Grant.
Notary Public
IX-01 (a-d)
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OWNER
Richard Harris
_____________________________
STATE OF MINNESOTA )
) ss.
COUNTY OF DAKOTA )
On this _____ day of _______________, 2025, before me a Notary Public within and for said
County, personally appeared Richard Harris.
Notary Public
This instrument drafted by and after recording please return to:
Greta Bjerkness #0390575
LeVander, Gillen & Miller, P.A.
1305 Corporate Center Drive, Suite 300
Eagan, Minnesota 55121
38000.08001
IX-01 (a-d)
A-1
EXHIBIT A
LEGAL DESCRIPTION
Lot 45, Westwood Addition First Section, Dakota County, Minnesota
PID: 198375000450
IX-01 (a-d)