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CITY OF HASTINGS
CITY COUNCIL AGENDA
Monday, May 18, 2020 7:00 p.m.
I. CALL TO ORDER
II. PLEDGE OF ALLEGIANCE
III. ROLL CALL
IV. DETERMINATION OF QUORUM
Presentation: County Commissioner Mike Slavik
V. APPROVAL OF MINUTES
Approve Minutes of the Regular Meeting of the City Council on May 4, 2020.
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. Approve Personnel Policy Update to Appendix I – Drug & Alcohol Testing Policy
3. Resolution: Acceptance and Appreciation for a donation to the Hastings Police
Department K-9 Program from Steve and Carol Plan
4. Incentives for Solid Waste Collection
IX. AWARDING OF CONTRACTS AND PUBLIC HEARING
These are formal proceedings that give the public the opportunity to express their concern, ask
questions, provide additional information, or support on a particular matter. Once the public
hearing is closed, no further testimony is typically allowed and the Council will deliberate
amongst itself and with staff and/or applicant on potential action by the Council.
1. Resolution: Award Contract for 2020 Neighborhood Infrastructure Improvements
2. Resolution: Rejecting Bids for 2020 Mill & Overlay Program
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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. Community Development
1. Resolution: Temporary Changes for Businesses Effected by COVID-19
Restrictions
C. Parks & Recreation
1. Hastings Family Aquatic Center 2020 Season Cancellation
2. City of Hastings Playgrounds
D. Administration
1. Froth & Cork On-Sale 3.2% Malt Liquor and Wine Licenses
XI. UNFINISHED BUSINESS
XII. NEW BUSINESS
XIII. REPORTS FROM CITY COMMITTEES, OFFICERS, COUNCILMEMBERS
XIV. ADJOURNMENT
Next Regular City Council Meeting: Monday, June 1, 2020 7:00 p.m.
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Hastings, Minnesota
City Council Meeting Minutes
May 4, 2020
The City Council of the City of Hastings, Minnesota met in a regular meeting on Monday, May 4, 2020 at
7:00 p.m. via Zoom video conference.
Mayor Fasbender explained why and referenced various city, state and federal declarations and guidelines that
an in-person meeting was not practical or prudent due to the COVID-19 Pandemic.
Members Present: Mayor Fasbender, Councilmembers Braucks, Folch, Leifeld, Lund and Vaughan
Staff Present: City Administrator Dan Wietecha
Administrative Services Director Julie Flaten
City Attorney Dan Fluegel
Community Development Director John Hinzman
Finance Manager Melanie Lammers
Public Works Director Nick Egger
Moment of Silence: Bert Goderstad
Mayor Fasbender remarked that Goderstad was an active volunteer with the City and recognized his passing
with a moment of silence
Approval of Minutes
Mayor Fasbender asked if there were any additions or corrections to the minutes of the Regular
Meeting of the City Council on April 20, 2020.
Minutes were approved as presented.
Comments from the Audience
Mayor Fasbender stated comments received about items not on the agenda have been distributed to all
Councilmembers and are acknowledged.
Consent Agenda
1. Pay Bills as Audited
2. Declare sale of Surplus Property for the Police Department
3. Resolution No. 05-01-20: Approve a Massage Establishment License for Prime Chiropractic
4. Resolution No. 05-02-20: Approve a Massage Therapy License for Narate Keys
5. Resolution No. 05-03-20: Approve an In-Store Fireworks Sales License for Coborn’s
6. Resolution No. 05-04-20: Special Use Permit - Neighborhood Commercial Use - Kisby Ventures
(201 East 7th Street)
7. Emergency Ordinance No. 2020-08 for Pro-Rated Refund and Deferral of License Fees
8. Accept a Donation to the Parks & Recreation Department for Performance in the Parks Series from
the Metropolitan Regional Arts Council
9. Accept a Donation to the Parks & Recreation Department for Music in the Parks Series from the
Doffing Charitable Fund
Councilmember Braucks motioned to approve as presented, seconded by Councilmember Vaughan.
Roll Call: Ayes 6; Nays 0; Absent Balsanek.
Impact of Pandemic on City’s 2020 Budget
Wietecha discussed how the recently extended due date for property taxes and the possible loss of
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Local Government Aid may potentially impact cash flow and the 2020 budget and how this relates to City
projects. He explained the measures the City were implementing to help mitigate these potential effects.
Council clarified the reasons for delinquent taxes during Great Recession, indicators for 2020 property
tax collections, the County’s handling of late property tax payments and potential property tax revenue loss,
milestone dates for decision making, prioritization of budgeted items/projects not yet purchased, 2020 Mill and
Overlay/Northridge Drive/Trail/15th Street projects, hiring freeze, property assessment options, additional
abatement funds offered through the City, stimulus road funding, practices of previous State Administration in
creating rainy day fund, Federal assistance through CARES Act and importance of advocating for local
government.
Councilmember Balsanek joined the meeting at 7:28 p.m.
Bonding and Construction Projects Update
Lammers provided financing and special assessment options for the 2020 street construction project
and implications of each.
Council discussed abatement utilization rates, drawbacks of taking out debt due to the uncertainty of
the economic future, staff recommendation of preferred debt option and concerns about adding financial stress
to citizens through assessments.
Expansion Area for Downtown Businesses
Councilmembers Folch and Lund discussed how the City may consider assisting downtown businesses
in re-opening; including the Downtown Business Association (DBA) request to close 2nd Street so only
pedestrian traffic will be allowed and the footprint of businesses can be expanded.
Council discussed the City Council’s role and policy making in assisting businesses in re-opening,
willingness to listen to creative ideas and to possibly relaxing regulations, not all businesses are located in the
downtown area nor are they members of the DBA, examine more than restaurants and bars, encourage
residents to shop locally, asked businesses to develop a plan and bring forward to gain staff input, needs of the
residents and the greater community and it was suggested that Council meet and examine the overall needs of
community to treat all equitable.
Tatia Nelson, President of the Downtown Business Association, spoke to plans being worked on with
the DBA.
Councilmember Folch motioned to approve the request for a discussion with the Downtown Business
Association and other appropriate entities about creative solutions for potential business relief, seconded by
Councilmember Balsanek.
Councilmember Vaughan amended the motion to include all businesses in the City, not to those just
located in the downtown area, seconded by Councilmember Lund. Roll Call: 7 Ayes, 0 Nays
Roll Call Vote on the original motion as amended: 7 Ayes, 0 Nays
Mayor Fasbender and Councilmembers made the following announcements:
• HEDRA will conduct a Special Meeting on Tuesday, May 5 at 6:00 p.m.
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• Planning Commission will meet on Monday, May 11 at 7:00 p.m.
• Parks & Recreation Commission meeting on Tuesday, May 12 is cancelled.
• HEDRA will meet on Tuesday, May 14 at 6:00 p.m.
• City Council will conduct a workshop on the 2021 Budget on Monday, May 18 at 5:30 p.m.
Councilmember Braucks motioned to adjourn, seconded by Councilmember Balsanek. Roll Call: Ayes 7; Nays
0. The meeting was adjourned at 8:41 p.m.
____________________________ ______________________________
Mary Fasbender, Mayor Julie Flaten, City Clerk
City Council Memorandum
To: Mayor Fasbender & City Council Members
From: Connie Lang - Accountant
Date: 05/14/2020
Item: Disbursements
Council Action Requested:
Staff requests:
Council review of April 2020 Xcel payments.
Council review of weekly routine disbursements issued 05/12/2020.
Council approval of routine disbursements, capital purchases and employee reimbursements to be issued 05/19/2020.
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:
April 2020 Xcel Payments $ 53,463.51
Disbursement Checks, EFT, HEDRA issued on 05/12/2020 $ 185,263.70
Disbursement Checks & EFT, HEDRA to be issued on 05/19/2020 $ 244,750.19
Advisory Commission Discussion: N/A
Council Committee Discussion: N/A
Attachments: ● Disbursement Reports
VIII-01
XCEL AUTOMATIC PAYMENTS
Apr 2020 Payments
Xcel Acct #Amount Date Paid Account #
51-6960213-7 1,388.45 31-Mar 101-140-1403-6343
51-6960208-0 1,687.78 10-Apr 101-140-1404-6343
51-8110141-1 880.79 10-Apr 101-140-1407-6343
51-6960219-3 53.63 9-Apr 101-201-2016-6343
51-6960210-4 112.35 10-Apr 101-300-3100-6343
51-6960210-4 561.76 10-Apr 101-301-3200-6343
51-0011278454-9 58.50 10-Apr 101-302-3201-6343
51-0263715-0 526.23 13-Apr 101-302-3201-6343
51-6960218-2 13,147.07 20-Apr 101-302-3201-6343
51-0010048093-4 13.85 10-Apr 200-401-4440-6343
51-0011082067-5 166.12 10-Apr 200-401-4440-6343
51-6960215-9 1,615.71 16-Apr 200-401-4440-6343
51-6960220-6 750.87 9-Apr 200-401-4447-6343
51-6960209-1 379.64 28-Apr 201-401-4240-6343
51-6960214-8 820.52 9-Apr 213-210-2100-6343
51-7216831-9 376.77 10-Apr 220-450-4160-6343
51-6960216-0 9,083.27 1-Apr 600-300-3300-6343
51-6960210-4 449.41 10-Apr 600-300-3300-6343
51-6960216-0 3,239.72 1-Apr 600-300-3302-6343
51-6960217-1 937.80 8-Apr 601-300-3400-6343
51-6960211-5 10,553.05 1-Apr 615-401-4103-6343
51-6960212-6 6,660.22 31-Mar 620-300-3500-6343
53,463.51
VIII-01
05-12-2020 11:53 AM 10-02 COUNCIL REPORT PAGE: 1
DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_
NON-DEPARTMENTAL GENERAL MISCELLANEOUS V MATTHEW GENE LOTT MATTHEW GENE LOTT: RETURN 139.00
HASTINGS AREA CHAMBER/COM LODGING TAX 3,179.01_
TOTAL: 3,318.01
ADMINISTRATION GENERAL SUN LIFE ASSUANCE COMPANY OF CANADA JUNE 2020 LTD 22.10_
TOTAL: 22.10
CITY CLERK GENERAL SUN LIFE ASSUANCE COMPANY OF CANADA JUNE 2020 LTD 10.35
JUNE 2020 LTD 44.69
FORUM COMMUNICATIONS COMPANY ORDINANCE 2020-06 165.60
ORDINANCE 2020-05 48.30_
TOTAL: 268.94
FINANCE GENERAL SUN LIFE ASSUANCE COMPANY OF CANADA JUNE 2020 LTD 51.32_
TOTAL: 51.32
LEGAL GENERAL FLUEGEL LAW FIRM, PA 2020 EMERGENCY OPT. PLAN-P 12,163.50_
TOTAL: 12,163.50
FACILITY MANAGEMENT GENERAL SUN LIFE ASSUANCE COMPANY OF CANADA JUNE 2020 LTD 12.05
GERRYS FIRE & SAFETY INC. ANNUAL FIRE EXT. SERVICE-C 49.00
ANNUAL FIRE EXT. SERVICE-P 25.00
ANNUAL FIRE EXT. SERVICE-C 85.80
ANNUAL FIRE EXT. SERV.-PD 131.40_
TOTAL: 303.25
COMMUNITY DEVELOPMENT GENERAL SUN LIFE ASSUANCE COMPANY OF CANADA JUNE 2020 LTD 17.84
DAKOTA COUNTY PROPERTY RECORDS RECORDING FEE-VACATE-LIGHT 46.00_
TOTAL: 63.84
I.T. GENERAL COMCAST CABLE 84.90
TIERNEY BROTHERS INC. PD TRAINING ROOM 20,549.64
SUN LIFE ASSUANCE COMPANY OF CANADA JUNE 2020 LTD 44.63
CENTURY LINK #612-E10-0514-020 911 88.68
PRESIDIO NETWORKED SOLUTIONS GROUP LLC VMWARE & JUNIPER CONSULTIN 438.75
CDW GOVERNMENT INC REPLACEMENT DISKS 92.38_
TOTAL: 21,298.98
POLICE GENERAL DAKOTA COMMUNICATIONS CENTER DCC FEE/2020 JUNE CAP. PRO 21,783.00
GALLS LLC UNIFORMS-CHIEF ALLOWANCE 188.99
SUN LIFE ASSUANCE COMPANY OF CANADA JUNE 2020 LTD 536.77
DAKOTA ELECTRIC ASSN ELECTRICAL SERVICES 16.86
GRAPHIC DESIGN PRINTING-PROPERTY ROOM 126.00
MURR, LILLY CANCELED COURT TIME 79.54_
TOTAL: 22,731.16
BUILDING & INSPECTIONS GENERAL SUN LIFE ASSUANCE COMPANY OF CANADA JUNE 2020 LTD 59.65
JUNE 2020 LTD 13.92
MCMULLEN INSPECTING INC ELECTRICAL INSPECTIONS-APR 1,443.20_
TOTAL: 1,516.77
PUBLIC WORKS GENERAL SUN LIFE ASSUANCE COMPANY OF CANADA JUNE 2020 LTD 57.47_
TOTAL: 57.47
PUBLIC WORKS STREETS GENERAL SUN LIFE ASSUANCE COMPANY OF CANADA JUNE 2020 LTD 66.45
HOMETOWN ACE HARDWARE CHAIN OIL 8.34
VIII-01
05-12-2020 11:53 AM 10-02 COUNCIL REPORT PAGE: 2
DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_
FASTENERS, WIPES 13.00
FASTENERS 14.00
NAPA AUTO PARTS AIR FILTER, RETAINERS 74.24
TERRYS HARDWARE, INC. PAINT, TAPE 11.67
SCREWS 8.56_
TOTAL: 196.26
PUBLIC WORKS STR. LIGH GENERAL CRESCENT ELECTRIC SUPPLY COMPANY STREET LIGHT PARTS 253.93_
TOTAL: 253.93
PARKS & RECREATION PARKS CINTAS CORPORATION NO 2 JMF FIRST AID SUPPLIES 92.45
TRI-STATE BOBCAT, INC. FILTERS TOOL CART 335.89
SUN LIFE ASSUANCE COMPANY OF CANADA JUNE 2020 LTD 130.63
HOMETOWN ACE HARDWARE BALL VALVE 2 HOSES 33.44
CAPTAINS BAY MARINA LLC PUBLIC DOCK 1,250.00
NAPA AUTO PARTS OIL 9.98
OIL 59.88
LIGHT 14.95
PARMAN ENERGY GROUP 55 GALLON BARREL OF OIL 740.82
MISCELLANEOUS V THE LONGER TABLE THE LONGER TABLE: REFUND 90.00
DALCO PAPER TOWELS 229.86
GERLACH OUTDOOR POWER EQUIP BLADES FOR ZERO TURNS 120.00
GERRYS FIRE & SAFETY INC. ANNUAL FIRE EXT. SERVICE-P 329.50
HASTINGS TIRE & AUTO SVC TIRE REPAIR 14.49
NIEBUR TRACTOR & EQUIPMENT, INC. FILTERS & SAW PARTS 254.92
MOWER PARTS 8.79
TERRYS HARDWARE, INC. GAUGE & TUBE 9.13
MUD PAN 12.97_
TOTAL: 3,737.70
PARKS & RECREATION AQUATIC CENTER FERGUSON ENTERPRISES INC POOL REPAIR 29.35_
TOTAL: 29.35
CABLE CABLE TV SUN LIFE ASSUANCE COMPANY OF CANADA JUNE 2020 LTD 4.44_
TOTAL: 4.44
CABLE CABLE ACCESS HASTINGS ACCESS CORP. ACCESS SUPPORT 90,189.20_
TOTAL: 90,189.20
HERITAGE PRESERVATION HERITAGE PRESERVAT SUN LIFE ASSUANCE COMPANY OF CANADA JUNE 2020 LTD 4.14
DAKOTA COUNTY HISTORICAL SOCIETY SUSTAINING MEMBERSHIP-FORT 100.00_
TOTAL: 104.14
FIRE FIRE & AMBULANCE DAKOTA COMMUNICATIONS CENTER DCC FEE/2020 JUNE CAP. PRO 21,783.00
IMAGE TREND, INC. SERVICE BRIDGE MONTHLY FEE 675.00
PH 2 MONTHLY HOSTING FEE 265.23
SUN LIFE ASSUANCE COMPANY OF CANADA JUNE 2020 LTD 52.60
HOMETOWN ACE HARDWARE STATION HALLWAY SCONCE LIG 11.14
TERRYS HARDWARE, INC. ITEMS FOR FIRE ENGINE #4 88.31_
TOTAL: 22,875.28
AMBULANCE FIRE & AMBULANCE SUN LIFE ASSUANCE COMPANY OF CANADA JUNE 2020 LTD 204.81
BOUND TREE MEDICAL LLC MEDICAL SUPPLIES 75.76
PRAXAIR DISTRIBUTION-409 OXYGEN 93.95
OXYGEN 888.58
ZOLL MEDICAL CORP PAPER 59.04
VIII-01
05-12-2020 11:53 AM 10-02 COUNCIL REPORT PAGE: 3
DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_
ELECTRODES 1,164.00_
TOTAL: 2,486.14
LEDUC LEDUC HISTORIC EST SUN LIFE ASSUANCE COMPANY OF CANADA JUNE 2020 LTD 2.13
GERRYS FIRE & SAFETY INC. ANNUAL FIRE EXT. SERVICE-L 51.40_
TOTAL: 53.53
ECONOMIC DEVELOPMENT HEDRA SUN LIFE ASSUANCE COMPANY OF CANADA JUNE 2020 LTD 32.88_
TOTAL: 32.88
PUBLIC WORKS 2020 IMPROVEMENTS INNOVATIVE OFFICE SOLUTIONS, LLC SPEC BOOK PAPER, LABELS, E 52.62_
TOTAL: 52.62
PUBLIC WORKS WATER EXPRESS AUTO PARTS OIL 75.60
SUN LIFE ASSUANCE COMPANY OF CANADA JUNE 2020 LTD 63.66
HOMETOWN ACE HARDWARE BATTERIES 13.01
NAILS 6.13
BARR ENGINEERING CO. WHPP 2,192.00
CITY OF BLOOMINGTON BACT SAMPLING - APRIL 273.00
DAKOTA ELECTRIC ASSN ELECTRICAL SERVICES 87.66
GOPHER STATE ONE-CALL INC LOCATES - APRIL 330.75_
TOTAL: 3,041.81
PUBLIC WORKS WASTEWATER SUN LIFE ASSUANCE COMPANY OF CANADA JUNE 2020 LTD 47.21
DAKOTA ELECTRIC ASSN ELECTRICAL SERVICES 158.22
ELECTRICAL SERVICES 110.22_
TOTAL: 315.65
PUBLIC WORKS STORM WATER UTILIT SUN LIFE ASSUANCE COMPANY OF CANADA JUNE 2020 LTD 51.56_
TOTAL: 51.56
PARKS & RECREATION ARENA SUN LIFE ASSUANCE COMPANY OF CANADA JUNE 2020 LTD 28.41_
TOTAL: 28.41
PUBLIC WORKS HYDRO ELECTRIC SUN LIFE ASSUANCE COMPANY OF CANADA JUNE 2020 LTD 6.56
HOMETOWN ACE HARDWARE CUTOFF WHEELS, BUSHINGS 8.90_
TOTAL: 15.46
VIII-01
05-12-2020 11:53 AM 10-02 COUNCIL REPORT PAGE: 4
DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_
=============== FUND TOTALS ================
101 GENERAL 62,245.53
200 PARKS 3,737.70
201 AQUATIC CENTER 29.35
205 CABLE TV 4.44
206 CABLE ACCESS 90,189.20
210 HERITAGE PRESERVATION 104.14
213 FIRE & AMBULANCE 25,361.42
220 LEDUC HISTORIC ESTATE 53.53
407 HEDRA 32.88
480 2020 IMPROVEMENTS 52.62
600 WATER 3,041.81
601 WASTEWATER 315.65
603 STORM WATER UTILITY 51.56
615 ARENA 28.41
620 HYDRO ELECTRIC 15.46
--------------------------------------------
GRAND TOTAL: 185,263.70
--------------------------------------------
TOTAL PAGES: 4
VIII-01
05-13-2020 04:25 PM 10-02 COUNCIL REPORT PAGE: 1
DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_
NON-DEPARTMENTAL GENERAL METROPOLITAN COUNCIL ENVIRONMENTAL SER APRIL SAC 2,485.00_
TOTAL: 2,485.00
CITY CLERK GENERAL FORUM COMMUNICATIONS COMPANY ORDINANCE 2020-07 276.00
PHN 110.40
PHN 82.80
POSTPONEMENT OF PH-2020 IN 55.20
POSTPONEMENT OF PH-HWY 316 55.20
CANDIDATE FILING DATES 55.20
PHN 124.20
ORDINANCE 2020-08 331.20
LABORATORY CORP OF AMERICA HOLDING PRE-EMPLOYMENT 50.50_
TOTAL: 1,140.70
FINANCE GENERAL WASHINGTON COUNTY ASSESSOR 2020 ASSESSMENT FEES 144.57_
TOTAL: 144.57
LEGAL GENERAL FLUEGEL LAW FIRM, PA LEGAL FEES 13,041.86_
TOTAL: 13,041.86
FACILITY MANAGEMENT GENERAL GILBERT MECHANICAL CONTRACTORS, INC. INSTALL BOILER DAMPER ACT. 743.93_
TOTAL: 743.93
I.T. GENERAL OFFICE OF MN.IT SERVICES WAN/USAGE 125.00
CDW GOVERNMENT INC LAPTOP BATTERY 123.03
BACKUP TAPES 1,244.80
TRITECH SOFTWARE SYSTEMS MIGRATE CITATIONS 13,330.00_
TOTAL: 14,822.83
POLICE GENERAL LOGIS/LOCAL GOVERNMENT INFORMATION SYS POLICE MDC/APP & FIRE MDC/ 2,997.00
ENTRUST TOKEN-SECURITY 15.00
ADVANCED GRAPHIX SQUAD DECALS 62.00
ANCOM TECHNICAL CENTER, INC. EMERGENCY SIREN MAINT. CO 4,069.80
VITALS AWARE SERVICES, INC. MENTAL HEALTH PHONE RPP SE 2,166.67
MARIE RIDGEWAY LICSW LLC WELLNESS 150.00
HASTINGS VETERINARY CLINIC K-9 SUPPLIES 259.60
MN DEPT OF PUBLIC SAFETY TAB RENEWALS 14.25
TAB RENEWALS 14.25
TAB RENEWALS 14.25_
TOTAL: 9,762.82
BUILDING & INSPECTIONS GENERAL METROPOLITAN COUNCIL ENVIRONMENTAL SER APRIL SAC-1% ADMIN FEE 24.85-
TOTAL: 24.85-
PUBLIC WORKS STREETS GENERAL ASTLEFORD INTERNATIONAL TRUCK HOSE 34.30
TOWMASTER SWENSON RUBBER T-HANDLE 37.43
PRECISE MOBILE RESOURCE MGMT. LLC FLAT DATA PLAN 169.90
EXPRESS AUTO PARTS SHOP SUPPLIES 67.58
SHOP SUPPLIES 13.01
ARROW BUILDING CENTER LUMBER 51.03
BOYER FORD TRUCKS LONG STROK, GOVENOR 126.21
ZIEGLER, INC. ELEMENT, FILTERS 145.84_
TOTAL: 645.30
PUBLIC WORKS STR. LIGH GENERAL DAKOTA ELECTRIC ASSN ELECTRICAL SERVICES 2,584.04_
TOTAL: 2,584.04
VIII-01
05-13-2020 04:25 PM 10-02 COUNCIL REPORT PAGE: 2
DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_
PARKS & RECREATION GENERAL HASTINGS SCHOOL DISTRICT #200 MAY 2020 SR CENTER/TILDEN 2,500.00_
TOTAL: 2,500.00
PARKS & RECREATION PARKS CINTAS CORPORATION NO 2 HAND SANITIZER 86.95
SCHLOMKA'S PORTABLE RESTROOMS & MOBILE APRIL SERVICES 113.00
OVERHEAD DOOR CO. NORTH DOOR OPENER 2,079.75
HOMETOWN ACE HARDWARE SCREWS FOR ISABELLE DOCK 139.65
ARROW BUILDING CENTER 2X6X10 15.86
LUMBER FOR ISABELLE PIER 869.75
SHERWIN-WILLIAMS STAIN FOR LEVEE 50.48_
TOTAL: 3,355.44
FIRE FIRE & AMBULANCE LOGIS/LOCAL GOVERNMENT INFORMATION SYS POLICE MDC/APP & FIRE MDC/ 297.00
CASTLECRAFT, MARINE DIV OF CATLE EQUIP TRAILER FOR INFLATABLE BOA 2,351.00
EMERGENCY APPARATUS MAINT AIR COMPRESSOR FOR RESCUE 773.30_
TOTAL: 3,421.30
AMBULANCE FIRE & AMBULANCE EXPERT T BILLING INC. 144 ELECTRONIC AMB. BILLS 4,032.00
McKESSON MEDICAL-SURGICAL GOV. SOLUTIO MEDICAL SUPPLIES 51.35
MEDICAL SUPPLIES 345.40
BOUND TREE MEDICAL LLC MEDICAL SUPPLIES 1,149.39
BOYER FORD TRUCKS FILTERS FOR AMBULANCES 119.64
PRAXAIR DISTRIBUTION-409 OXYGEN 206.14_
TOTAL: 5,903.92
LEDUC LEDUC HISTORIC EST DAKOTA COUNTY HISTORICAL SOCIETY LEDUC-50%-1ST QTR TRUST RE 5,231.78_
TOTAL: 5,231.78
ECONOMIC DEVELOPMENT HEDRA FLUEGEL LAW FIRM, PA HEDRA GENERAL BUS.4/2-4/30 1,687.50_
TOTAL: 1,687.50
NON-DEPARTMENTAL WATER MISCELLANEOUS V MEHSIKOMER, JUEL 07-314000-03 122.21
KRECH, STEVEN/TRACY 05-041000-02 39.02_
TOTAL: 161.23
PUBLIC WORKS WATER KLM ENGINEERING, INC. TANK INSPECTION 3,000.00
NAPA AUTO PARTS WRENCH SET 4.00
CORE & MAIN LP METERS, MXU'S 19,502.28
GASKETS, TUBES, BOLTS 636.06
CEMSTONE PRODUCTS CO. REBAR, JOINTS 172.50
CRYSTEEL TRUCK EQUIPMENT ROLLER 132.47
GRAPHIC DESIGN UTILITY BILLING INSERT PRO 97.34
UTILITY BILLING INSERT PRO 1,289.10
VALLEY SALES OF HASTINGS LABOR, FREON, DYE, CONDENS 1,033.63_
TOTAL: 25,867.38
PUBLIC WORKS WASTEWATER HYDRO-KLEAN LLC 2019 SANITARY SEWER LINING 6,405.58
GRAPHIC DESIGN UTILITY BILLING INSERT PRO 97.33
MCES WASTEWATER SERV.-JUNE 2020 117,669.21_
TOTAL: 124,172.12
PUBLIC WORKS STORM WATER UTILIT GRAPHIC DESIGN UTILITY BILLING INSERT PRO 97.33_
TOTAL: 97.33
PARKS & RECREATION ARENA GERRYS FIRE & SAFETY INC. FIRE EXTINGUISHER INSPECTE 331.60
TERRYS HARDWARE, INC. PLUMBING PARTS 9.98
VIII-01
05-13-2020 04:25 PM 10-02 COUNCIL REPORT PAGE: 3
DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_
_______________
TOTAL: 341.58
PUBLIC WORKS HYDRO ELECTRIC PREMIUM WATERS, INC. WATER COOLER RENTAL 12.00
ARROW BUILDING CENTER LUMBER 43.52
LUMBER 427.59
L & S ELECTRIC MAIN SHAFT SEAL REPAIRS 17,749.54_
TOTAL: 18,232.65
MISCELLANEOUS INSURANCE FUND LEAGUE/MN CITIES INS TRST WC CLAIM 116.59
LEAGUE/MN CITIES INS TRST 1,184.87
WC CLAIM 1,651.05
WC CLAIM 1,279.25_
TOTAL: 4,231.76
NON-DEPARTMENTAL ESCROW - DEV/ENG/T KLM ENGINEERING, INC. ANTENNA INSP-VERIZON-W 4TH 4,200.00_
TOTAL: 4,200.00
=============== FUND TOTALS ================
101 GENERAL 47,846.20
200 PARKS 3,355.44
213 FIRE & AMBULANCE 9,325.22
220 LEDUC HISTORIC ESTATE 5,231.78
407 HEDRA 1,687.50
600 WATER 26,028.61
601 WASTEWATER 124,172.12
603 STORM WATER UTILITY 97.33
615 ARENA 341.58
620 HYDRO ELECTRIC 18,232.65
705 INSURANCE FUND 4,231.76
807 ESCROW - DEV/ENG/TIF-HRA 4,200.00
--------------------------------------------
GRAND TOTAL: 244,750.19
--------------------------------------------
TOTAL PAGES: 3
VIII-01
City Council Memorandum
To: Mayor Fasbender & City Councilmembers
From: Julie Flaten, Administrative Services Director
Date: May 18, 2020
Item: Update to Personnel Policy Appendix I – Drug & Alcohol Testing
Council Action Requested:
Approve Personnel Policy Appendix I update to the City’s Drug & Alcohol Testing
Policy.
Background Information:
Earlier this year the Federal Motor Carrier Safety Administration created a Commercial
Driver’s License Drug and Alcohol Clearinghouse with the goal of improving the safety
on the Nation’s roadways. This clearinghouse provides employers access to information
to make decisions about which employees to place in safety-sensitive functions, including
operating a commercial motor vehicle.
The City will be required to annually conduct a limited query on existing employees who
hold a commercial driver’s license (CDL). The City will also be required to conduct a full
query on applicants for positions which require a CDL. Both queries require consent.
The Clearinghouse also contains several reporting requirements the City will follow.
The City’s Drug & Alcohol Testing Policy needs to be updated to include the
Clearinghouse requirements.
Financial Impact:
N/A
Advisory Commission Discussion:
N/A
Council Committee Discussion:
N/A
Attachments:
▪ Drug & Alcohol Testing Policy Updates
VIII-02
City of Hastings
Employee Handbook
Appendix I
Drug and Alcohol Testing Policy
1. Introduction
The City of Hastings recognizes that safety problems are created when employees use or abuse illegal
drugs and/or alcohol. The City is concerned about providing a safe workplace for its employees with
the goal of attaining and maintaining a drug and alcohol free workplace.
The City also recognizes the concerns of employees if they are part of drug testing in the workplace.
In order to guard against inaccurate test results, the testing policies and procedures will conform to the
requirements of state law as set forth in Minnesota Statutes Chapter 181 and the Federal Drug-Free
Workplace Act of 1988. Employees are required to adhere to the responsibilities and requirements
outlined in Section 3.70, Drug Free Workplace.
2. Definitions
a. “Alcohol” means ethyl alcohol.
b. “Confirmatory Test” and “Confirmatory Retest” mean a drug or alcohol test that uses a
method of analysis allowed under the program listed in Minn. Stat. 181.953 Subd. 1.
c. “Drug” means a controlled substance as defined in Minn. Stat. 152.01, Subd. 4.
d. “Drug and Alcohol Testing” and “Drug or Alcohol Test” mean analysis of a body component
sample according to the standards established under one of the program(s) listed in Minn.
Stat.181.953, Subd. 1 for the purpose of measuring the presence or absence of drugs, alcohol,
or their metabolites in the sample tested.
e. “Drug Paraphernalia” has the meaning set forth in Minn. Stat. 152.01, Subd. 18.
f. “Employee” means a person employed by the City. This definition includes all employees
defined in the City Employee Handbook.
g. “Employer” means the City of Hastings.
h. “Initial Screening Test” means a drug or alcohol test which uses a method of analysis under
one of the programs listed in Section 181.953, Subd. 1 or alcohol in a sample.
i. “Job Applicant” means a person, who applies to become an employee of the City of Hastings,
and includes a person who has received a job offer made contingent on the person passing
drug and alcohol testing(s).
j. “Positive Test Result” means a finding of the presence of drugs, alcohol, or their metabolites
in the sample tested in the levels contained in the standards of one of the programs listed in
Minnesota Statutes 181.953, Subd. 1.
k. “Reasonable Suspicion” means a basis for forming a belief based on specific facts and
rational inferences drawn from those facts.
l. “Safety-Sensitive Position” means a job, including any supervisory or management position,
in which an impairment caused by drug or alcohol usage would threaten the health or safety of
any person; all sworn and non-sworn personnel, excluding clerical employees, in the Hastings
Police Department are safety-sensitive positions.
m. “Under The Influence” means having the presence of a drug or alcohol at or above the level
of a positive test result.
3. Employees subject to Drug or Alcohol Testing
No person will be tested for drugs or alcohol under this policy without the person’s consent. The City
will request or require an individual to undergo drug or alcohol testing only under the circumstances
described in this policy.
a. Job Applicants—job applicants may be requested or required to undergo drug and alcohol
testing after a job offer has been conditionally made and before commencing employment in
the position.
VIII-02
Appendix I: City of Hastings Employee Handbook
Drug & Alcohol Testing Policy Page 2 of 8
a. Beginning in 2020, an applicant whose job requires a Commercial Driver’s License
(CDL) must provide consent to the City, and successfully pass a full query of the Federal
Motor Carrier Safety Administration’s Clearinghouse. In addition, at least once a year, the
City will conduct a limited query of the Clearinghouse for each currently employed CDL
driver. If the limited query reveals that the Clearinghouse has information about resolved or
unresolved drug and alcohol program violations by a candidate or current employee, he or she
will be asked to provide electronic consent to a full query of the Clearinghouse (unless he or
she has previously provided electronic consent). In the event a full query of the Clearinghouse
reveals unresolved violation information for a candidate or current employee, the driver will
not be permitted to perform safety-sensitive functions, including the operation of a
Commercial Motor Vehicle and, in the case of a candidate, may have their conditional offer of
employment rescinded or, in the case of a current employee, may be subject to discipline.
b. Reasonable Suspicion Testing—The City may request or require an employee to undergo drug
and alcohol testing if there is a reasonable suspicion that the employee:
i. Is under the influence of drugs or alcohol while the employee is working; while the
employee is on the City’s premises; or operating City vehicles, machinery, or
equipment; or
ii. Used, possessed, sold or transferred drugs, alcohol, or drug paraphernalia while the
employee is working; while the employee is on City premises; operating City
vehicles, machinery, or equipment; (This is also a violation of the City’s Drug Free
Workplace Policy adopted on 11-18-96. See Section 3.70, on the City’s Drug Free
Workplace Policy); or
iii. Has sustained a work related personal injury as that term is defined in Minnesota
Statues 176.011, Subd. 16, or has caused another person to die or sustain personal
injury; or
iv. Has caused a work-related accident or was operating or helping to operate machinery,
equipment, or vehicles involved in a work-related accident resulting in total property
damage exceeding $1,000; or
v. Has discharged a firearm other than
1. on a target range, or
2. while conducting authorized ballistic tests, or
3. as authorized by City of Hastings Police Department General Order
concerning dangerous or suffering animals; or
vi. Has, as determined only by employee’s Department Head, or the City Administrator,
engaged in an act or omission related to the performance of the job, whether
committed on or off duty, that logically requires or justifies testing, revealed clear
and compelling necessity by the nature of the incident.
c. Required Random Drug and Alcohol Testing for City Employees with Commercial Drivers
Licenses—City of Hastings employees who are required to possess a valid commercial drivers
license as a condition of their employment position are subject to applicable State or Federal
random drug testing requirements as established and adopted by the City of Hastings.
d. Other Testing—The City may permit an employee who has requested a drug and alcohol test
to undergo testing in accordance with the procedures established by the policy or by State or
Federal Law.
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VIII-02
Appendix I: City of Hastings Employee Handbook
Drug & Alcohol Testing Policy Page 3 of 8
e. Treatment Program Testing—The City may request or require an employee to undergo drug
and alcohol testing if the employee has been referred by the City for chemical dependency
treatment or evaluation or is participating in a chemical dependency treatment program, in
which case the employee may be requested or required to undergo drug or alcohol testing
without prior notice during the evaluation or treatment period of up to two (2) years following
completion of any prescribed chemical dependency treatment program.
VIII-02
Appendix I: City of Hastings Employee Handbook
Drug & Alcohol Testing Policy Page 4 of 8
4. Refusal to Undergo Testing
a. Job Applicants—If a job applicant refuses to undergo drug or alcohol testing requested or
required by the City, no such test shall be given, and the job applicant shall be deemed to
have withdrawn the application for employment.
b. Employees—If any employee refuses to undergo drug or alcohol testing requested or required
by the City, no such test shall be given, and the appointing authority shall recommend that the
employee be discharged from employment on grounds of insubordination. In accordance with
the Federal Motor Carrier Safety Administration’s (FMCSA) Commercial Driver’s License
(CDL) Drug and Alcohol Clearinghouse reporting requirements, beginning January 6, 2020,
the City will report a driver’s refusal to submit to a DOT test for drug or alcohol use to the
Clearinghouse within three business days.
c. Refusal on Religious Grounds—No employee or job applicant who refuses to undergo drug or
alcohol testing of a blood sample upon religious grounds shall be deemed to have refused
unless the employee or job applicant also refuses to undergo drug or alcohol testing of a urine
sample.
5. Procedure for Testing
a. Notification Form—Before requesting an employee or job applicant to undergo drug or
alcohol testing, the City shall provide the individual with a form on which to:
i. Acknowledge that the individual has seen a copy of the City of Hastings drug and
alcohol testing policy, and
ii. Indicate consent to undergo the drug and alcohol testing.
b. Test Sample—the test sample shall be obtained in a private setting, and the procedures for
taking the sample shall ensure privacy to employees and with job applicant to the extent
practicable, consistent with preventing tampering with the sample, and may include a witness.
No test sample shall be taken on the City’s premises, except when deemed necessary, i.e.
after-hours, and done by a City authorized provider, and the test sample shall not be handled
by City of Hastings employees.
c. Identification of Samples—Each sample shall be sealed into a suitable container free of any
contamination that could affect test results. The sample shall be identified for processing by
the licensed testing laboratory.
d. Chain of Custody—the City shall use a testing laboratory that has established reliable chain-
of-custody procedures to ensure proper recordkeeping, handling, labeling, and identification
of the samples to be tested. The procedures must require the following:
i. Possession of a sample must be traceable to the employee from whom the sample is
collected through the time the sample is delivered to the laboratory;
ii. The sample must always be in the possession of, must always be in view of, or must
be placed in a secure area by a person authorized to handle the sample;
iii. A sample must be accompanied by a written chain-of-custody record; and
iv. Individuals relinquishing or accepting possession of the sample must record the time
the possession of the sample was transferred and must sign and date the chain of
custody record at the time of transfer.
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VIII-02
Appendix I: City of Hastings Employee Handbook
Drug & Alcohol Testing Policy Page 5 of 8
e. Laboratory—the City shall use the services of a testing laboratory that meets one of the
following criteria:
i. Drug Testing
1. Is certified by the National Institute on Drug Abuse as meeting the
mandatory guidelines published at 54 Federal Register 11970 to 11989,
April 11, 1988;
2. Is accredited by the College of American Pathologists, 325 Waukegan Road,
Northfield, Illinois, 60093-2750, under the forensic urine drug testing
laboratory program; or
3. Is licensed to test for drugs by the State of New York, Department of Health,
under Public Health Law, article 5, title V, and rules adopted under that law.
ii. Alcohol Testing
1. Licensed to test for drugs and alcohol by the state of New York, Department
of Health, under Public Health Law, article 5, title V, and the rules adopted
under that law; or
2. Accredited by the College of American Pathologists, 325 Waukegan Road,
Northfield, Illinois, 60093-2750, in the laboratory accreditation program.
f. Retention and Storage—All samples that produced a positive test result shall be retained and
properly stored for at least six (6) months.
g. Test Report—The testing laboratory shall prepare a written report indicating the drugs,
alcohol, or their metabolites tested for and whether the test produced negative or positive test
results. The testing laboratory shall disclose that report to the City within three (3) working
days after obtaining the final test results.
i. Notice of Test Results—Within three (3) working days after receipt of the test result
from the testing laboratory, the City shall inform an employee or job applicant who
has undergone drug or alcohol testing in writing of a negative test result on an initial
screening test of a negative test result or of a positive test result on a confirmatory
test. The City shall also inform an employee or job applicant to the following rights
pursuant to Minn. Stat. 181.953:
1. The right to request and receive from the City a copy of the test result report.
2. The right to request within five (5) working days after notice of a positive
test result a confirmatory test retest of the original sample at the employee’s
or applicant’s own expense. If a confirmatory retest is conducted in
accordance with Minn. Stat. 181.953, Subd. 1 by a licensed laboratory at the
same threshold detection levels as used in the confirmatory test, and the
confirmatory retest does not result in a positive test result, the City shall
reimburse the actual cost of the confirmatory retest in an amount not to
exceed $100.00.
3. The right to submit information to the City within three (3) working days
after a notice of a positive test result to explain that result.
4. The right of an employee, for whom a positive test result on a confirmatory
test was the first such result on a drug or alcohol test requested by the City,
not to be discharged unless the City has first given the employee an
opportunity to participate in either a drug or alcohol counseling or
rehabilitation program. Participation in a counseling or rehabilitation
VIII-02
Appendix I: City of Hastings Employee Handbook
Drug & Alcohol Testing Policy Page 6 of 8
program will be at the employee’s own expense or pursuant to coverage
under an employee’s benefit plan. The City may determine which type of
program is more appropriate for the employee after consultation with a
certified chemical use counselor or physician trained in the diagnosis of
chemical dependency. The employee may be discharged if they have either
refused to participate in the counseling or rehabilitation or has failed to
successfully complete the program. Withdrawal from the program before its
completion or a positive test result on a confirmatory test after completion of
the program will be considered evidence that the employee failed to
successfully complete the program.
5. The right to be reinstated with back pay if the outcome of the confirmatory
test or requested confirmatory retest is negative. Employees may be
temporarily suspended pending the results of a confirmatory test.
6. The right not to be discharged, disciplined, discriminated against, or required
to be rehabilitated on the basis of medical history information revealed to the
City concerning the reliability of, or explanation of, a positive test result
unless the employee or job applicant was under an affirmative duty to
provide the information before, upon, or after hire.
7. The right to access the information on the employee’s personnel file relating
to positive test result reports and other information acquired in the drug and
alcohol testing process including conclusions drawn from and actions taken
based on the reports or other acquitted information.
8. The right of an employee or a job applicant, who has received a job offer
made contingent on the applicant passing drug and alcohol testing, to not
have the offer withdrawn based on a positive test result from an initial
screening test that has not been verified by a confirmatory test..
6. Action After Test
a. Job Applicants—The appointing authority will not withdraw an offer of employment made
contingent on the job applicant passing drug and alcohol testing based on a positive test result
from an initial screening test that has not been verified by a confirmatory test. When there has
been a positive test result in a confirmatory test and in any confirmatory retest, the appointing
authority will withdraw the contingent offer of employment if the City determined in
accordance with the Minnesota Human Rights Act that alcohol or drug usage or abuse:
i. Prevents the job applicant from performing the essential functions of the job in
question; or
ii. Constitutes a direct threat to property or the safety of others; or
iii. Otherwise constitutes a bona fide occupational qualification.
b. Employees—The City will not discharge, discipline, discriminate against, or request or
require rehabilitation of an employee solely on the basis of a positive test result from an initial
screening test. Where there has been a positive test result in a confirmatory test and in any
confirmatory retest, the City may do the following:
i. First Positive Test Result—Give the employee an opportunity to participate in either
a drug or alcohol counseling or rehabilitation program, whichever is more
appropriate. The City may determine which program is more appropriate after
consultation with a certified chemical use counselor or physician trained in the
diagnosis and treatment of chemical dependency. Participation in a counseling or
rehabilitation program will be at the employee’s own expense or pursuant to coverage
VIII-02
Appendix I: City of Hastings Employee Handbook
Drug & Alcohol Testing Policy Page 7 of 8
under an employee’s own benefit plan. If the employee either refuses to participate
in the counseling or rehabilitation program or fails to successfully complete the
program, as evidenced by withdrawal from the program before its completion or by a
positive test result on a confirmatory test after completion of the program, and
alcohol or drug abuse prevents the employee from performing the essential functions
of the job in question or constitutes a direct threat to property or the safety of others
or otherwise constitutes a bona fide occupational qualification, the appointing
authority will recommend that the employee be disciplined; including but not limited
to, discharge from employment.
ii. Suspensions and Transfers—Notwithstanding any other provisions herein, the City
may temporarily suspend the tested employee with pay for up to ninety (90) days or
transfer that employee to another position at the same rate of pay pending the
outcome of the confirmatory retest, and, if requested, the confirmatory retest,
provided that the City believes that it is necessary to protect the health or safety of the
employee, co-employees, or the public.
iii. Other Misconduct—Nothing in this policy limits the right of the City to discipline or
discharge an employee on grounds other than a positive test result in a confirmatory
test, including for a violation occurring in the workplace.
7. Data Privacy—The City of Hastings will not disclose the test result reports and other information
acquired in the drug or alcohol testing process to another employee or to a third party individual,
governmental agency, or private organization without the written consent of the employee tested,
unless permitted by law or court order. Beginning in 2020, the City will be required to query and
report to the agency’s Commercial Driver’s License (CDL) Drug and Alcohol Clearinghouse prior to
hiring new drivers, will conduct annual checks of existing CDL-drivers, and will report certain
violations of the DOT drug and alcohol testing program for holders of CDL’s.
In accordance with the Federal Motor Carrier Safety Administration’s (FMSCA) Commercial Driver’s
License (CDL) Drug and Alcohol Clearinghouse reporting requirements beginning January 6, 2020,
the City will report the following information to the Clearinghouse within three business days:
a. A DOT alcohol confirmation test result with an alcohol concentration of 0.04 or greater;
b. A negative DOT return-to-duty test result;
c. The driver’s refusal to submit to a DOT test for drug or alcohol use;
d. Actual knowledge a driver has used alcohol or controlled substances, based on the employer’s
direct observation, information provided by the driver’s pervious employer(s), a traffic
citation for driving a CMV while under the influence of alcohol or controlled substances, or
an employee’s admission of alcohol or controlled substance abuse except as provided in §
382.121) of:
i. On duty alcohol use pursuant to §382.205;
ii. Pre-duty alcohol use pursuant to §382.207
iii. Alcohol use following an accident pursuant to §382.209
iv. Controlled substance use pursuant to §382.213
e. Employers will also report negative return-to-duty (RTD) test results and the successful
completion of a driver’s follow-up testing plan as ordered by a SAP.
8. Rights of Employees—An employee has the right to offer the City a written explanation of a positive
test result on a confirmatory test within three (3) working days after notice of the positive test result,
and has a right to request within five (5) working days after notice of a positive test result a
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VIII-02
Appendix I: City of Hastings Employee Handbook
Drug & Alcohol Testing Policy Page 8 of 8
confirmatory retest of the original sample at another licensed testing laboratory at the employee’s or
job applicant’s own expense.
9. Appeals Procedure—Concerning disciplinary actions taken pursuant to this drug and alcohol testing
policy, available appeal procedures may be taken:
a. Temporary Employees—Temporary employees shall have no right of appeal.
b. Non-Veterans on Probation—An employee who has not completed the probationary period
and who is not a veteran has no right of appeal.
c. Non-Veterans After Probation—A regular employee who has completed the review period
and who is not a veteran has a right to appeal. Disciplinary actions taken pursuant to his drug
and alcohol testing policy are appealable pursuant to the procedures established in the City’s
Grievance and Discipline policies.
d. Veterans—An employee who is a veteran has the right to appeal to the City Council a
permanent demotion (including salary decreases), or a discharge, if the employee submits a
notice of appeal within sixty (60) calendar days of the action, regardless of status with respect
to the review period. An employee who is a veteran may have additional rights under the
Veterans Preference Act, Minn. Stat. 197.46.
e. Employees Covered under Collective Bargaining Units Contracts—An employee who is
covered by a collective bargaining agreement may elect to seek relief under the terms of that
agreement by contacting the appropriate union and initiating grievance procedures in lieu of
taking up the grievance procedure outlined in the City Employment Handbook.
All notice of appeal not covered under a collective bargaining agreement must be submitted in
writing to the Hastings City Administrator, 101 4th Street East, Hastings, MN 55033.
10. Good Faith Effort—The City of Hastings will make a continuing good faith effort to maintain a
drug-free workplace through the implementation of its Drug and Alcohol Testing Policy.
VIII-02
City Council Memorandum
To: Mayor Fasbender & City Council Members
From: Bryan D. Schafer, Chief of Police
Date: May 18, 2020
Item: Donation to Hastings Police Department K-9 Program
Council Action Requested:
Accept a donation from Steve and Carol Plan in the amount of $1,004.88 for the purchase of a K-9
ballistic vest.
Background Information:
Carol and Steve Plan contacted the Hastings Police Department after they learned a new K-9 had been
acquired and was currently enrolled in a K-9 school. Carol expressed her love for dogs and wanted to
keep the new Hastings Police K-9 “Sonny” safe while working. The Plans then graciously offered to
purchase a ballistic vest specifically designed for military and law enforcement K-9’s, which will be
purchased with these funds.
The Hastings Police Department K-9 program has been in existence since 2004 and plays a vital role in
both public relations and daily patrol activities. Our new K-9 team, consisting of Officer Dan Vomastek
and “Sonny,” have been spending countless hours fine-tuning their skillset in the K-9 Academy and are
set to graduate at the end of the month. A K-9 handler team is an incredibly valuable asset to our law
enforcement agency and the City of Hastings. We are fortunate to have caring citizens such as Carol and
Steve Plan, whose donation is vital to not only the safety of K-9 “Sonny,” but to the existence of the K-9
program.
Financial Impact:
Positive budgetary impact
Advisory Commission Discussion:
None
Council Committee Discussion:
None
Attachments:
• Resolution
VIII-03
CITY OF HASTINGS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 05 - - 20
A RESOLUTION EXPRESSING ACCEPTANCE OF AND APPRECIATION OF
A DONATION TO THE HASTINGS POLICE DEPARTMENT
WHEREAS, Hastings residents, Carol and Steve Plan, have presented to the
Hastings Police Department a donation of $ 1,004.88; and
WHEREAS, this donation is for the purchase of a K-9 specific ballistic vest to be
utilized for the Hastings Police K-9 program; and
WHEREAS, the City Council is appreciative of the donation and commends
Carol and Steve Plan 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 was appropriated for the Hastings Police Department as
designated; and
3. That the appropriate budget adjustments be made.
Adopted this 18th day of May 2020,
_______________________________
Mary Fasbender, Mayor
Attest:
_____________________
Julie Flaten, City Clerk
VIII-03
City Council Memorandum
To: Mayor Fasbender & City Councilmembers
From: City Administrator Dan Wietecha
Date: May 18, 2020
Item: Incentives for Solid Waste Collection
Background:
This arises out of a Utilities Committee meeting on December 17, 2019. During this meeting, the
members agreed that they would like to discuss with Dakota County possible incentives for the
City of Hastings to continue its organized residential solid waste collection. On May 8,
Councilmember Folch and I met with Georg Fischer and Dave Magnuson of Dakota County
about the City’s request for an incentive from the County to offset local costs for solid waste
collection.
Under the Waste Management Act (Minnesota Statutes, Chapter 115A), residential solid waste
collected under an organized collection program is defined as municipal solid waste (MSW)
which is required to be processed at a resource recovery facility if one has capacity. Hastings and
Farmington are the only municipalities in Dakota County using organized collection.
Currently, the Red Wing Solid Waste Material Recover Facility (MRF) processes Hastings
MSW. The tipping fees at Red Wing MRF are $40 to $50 per ton higher than if the solid waste
were to go directly to a landfill. In 2019, the City generated over 5,300 tons of MSW that was
delivered by Tennis Sanitation to the Red Wing MRF.
Benefits to Dakota County:
Legal requirements for existing landfills at Pine Bend and Burnsville to expand will first require
all facilities in Metro area to be operating at capacity (certificate of need). Recently, all facilities
have been at capacity except Red Wing MRF. With Hastings, Farmington, and Waste
Management hauling to Red Wing MRF, it was now at capacity during first quarter 2020. The
alternative of expanding these landfills would be the costly siting of a new facility. Additionally,
a new facility would likely be further from the Metro area, resulting in greater hauling expenses.
VIII-04
Dakota County receives $8.2M in annual Host Fees from the landfills. About 50-60% of this
revenue comes from outside the County. The money is used for the Community Funding Grants
and environmental projects such as parks and trails. If these landfills don’t expand, close, and are
replaced by a new landfill further out, the County would lose these Host Fees.
By bringing MSW to Red Wing MRF, Hastings and Farmington are helping Dakota County
meet its objective of lowering its landfill disposal rates as identified in the Dakota County Solid
Waste Master Plan for 2018-2038.
Proposed Incentive:
With the completion of facility enhancements, Red Wing MRF’s resource recovery processing
capacity has been expanded in 2020. It is in the overall best interest of Dakota County for
Hastings to continue bringing its annual 5,300 tons of MSW to the Red Wing MRF to ensure that
its processing capacity is full.
We have proposed Dakota County provide an incentive of $30 per ton for the City of Hastings to
continue having its solid waste processed at Red Wing MRF.
Farmington also has its waste processed at Red Wing MRF, so Dakota County would consider
any incentive consistently for the two cities. Farmington and Hastings combined have about
12,000 to 15,000 tons of solid waste. At $30 per ton, the proposed cost to Dakota County would
be $360K to $450K, a sizable expense.
If approved, the incentive would be as a reimbursement – probably with the City submitting
quarterly tonnage data, possibly as an addendum to our existing Community Funding Grant. At
this time, the City has not discussed how it would utilize any incentive – for example, green
projects, environmental education, or offset of processing costs.
The incentive request would need to go through the County Board. As a matter of timing and
practicality, we proposed having the request be included in their 2021 budget process. County
staff agreed to include the proposal in their budget process but did not commit to any specific
dollar amount for the budget proposal. The County Board will not finalize its budget until
November.
VIII-04
City Council Memorandum
To: Mayor Fasbender & City Council Members
From: Nick Egger – Public Works Director
Date: May 14, 2020
Item: Contract Award for 2020 Neighborhood Infrastructure Improvements
COUNCIL ACTION REQUESTED
Council is requested to adopt the attached resolution to award a contract for the 2020 Neighborhood
Infrastructure Improvements project.
BACKGROUND INFORMATION
The City received four bids for this project on April 22nd. A summary of the bids is listed below.
Bidder Total Base Bid Bid Alternate
A-1 Excavating – Bloomer, WI $3,597,304.65
$36,119.75
McNamara Contracting – Rosemount, MN $3,920,981.97 $40,481.25
Geislinger & Sons – Watkins, MN $4,718,874.50 $36,605.00
Bituminous Roadways – Mendota Heights, MN $4,722,145.95 $47,050.00
All four bids were competitive, with the low bid coming in 13% under the engineer’s estimate. The engineer’s
construction cost estimate for the base bid work was $4,135,000. The Bid Alternate bid was also received
within the City’s budgetary constraints.
POST-BID CONTRACTOR QUALIFICATION REVIEW
Contractors who furnished a bid were required to include a completed questionnaire and to submit a variety of
company background and experience data to substantiate their ability to perform the work on this project.
Contractors’ proposals were also scored using objective criteria for the information being submitted. A score of
10 points being the minimum necessary to be considered qualified to perform the project work.
The qualification review for A-1 Excavating determined that their proposal score was 13 points, which meets
the minimum score necessary to be considered qualified to perform this project. It should also be noted that A-
1 Excavating was the Contractor for last year’s neighborhood improvements, in which they met our substantial
completion date and delivered the project on budget.
FINANCIAL IMPACT
As previously noted, the lowest two bids were competitive and below the construction cost estimate of $4.135
Million. The City would stand to take advantage by performing this work. Additionally, a substantial piece of
this project will be funded by the City’s Municipal State Aid for Local Transportation account balance (gas tax
dollars) for much of the 15th Street portion of the work and the total bonding that would be required for the
project is a bit lower than forecasted in the 2020 Budget.
TIMING AND SPECIAL ASSESSMENTS
Staff understands that the Council may have reservation with committing to a large project when that in turn
would require the adoption of associated special assessments, and that adopting any assessments in the midst
of the COVID 19 pandemic may pose personal financial concerns for some of the affected property owners. To
this point, Staff have discussed various means that could help ease this concern, and are presenting the
IX-01
following alternatives for consideration.
Construction in 2020, Adoption of Assessments in 2020 – this is the standard operating procedure
for these types of projects. Assessments adopted this year can be paid partially or entirely by
November 30, 2020 without any fees or interest on the amount paid. If not paid in full, whatever
balance remains is placed on the County property tax statement and is repayable for up to the next
10 years in annual installments, the first of which is due in Spring of 2021 with the May property tax
statement. Attached is an example of the repayment schedule for the average single-family
property assessment of $4,500 with an estimated interest rate of 3.25%.
Construction in 2020, Defer Adoption of Assessments to 2021 – the Council would hold the
assessment hearing in 2021 and act to adopt assessments then. Adoption of the assessments in
2021 would mean that anyone wishing to pay a portion or all of their assessment off before
certification to the county property tax statement would have until November 30, 2021 to do so.
For those assessments that are certified to the property tax statements, the first of the annual
installments would not be due until May 2022. This allows for up to nearly two years from this
point in time before any payment would have be made, and still preserves the 10-year payoff
period for those wishing to break repayment down into segments. Please see the attached
example of the repayment schedule for the average single-family property assessment of $4,500
with an estimated interest rate of 3.25%. It is essentially the same as for adopting assessments in
2020, but with a different starting date for repayment.
• This scenario does present the risk of increased number of grievances from property owners that
may like to tie any imperfect construction experiences to deserving of a reduced assessment
amount.
Postpone Construction and Adoption of Assessments to 2021 – Staff believes that the good bid
received is prudent to act upon and the work is performed in 2020. However, the Council is free to
consider postponement of the project. Postponing the project delays any onset of assessments
until the end of 2021, with the annual installment repayments beginning in spring 2022. However,
the project would have to be rebid. With this, there would be uncertainty about construction costs
and interest rates which cannot be predicted right now. Staff will also note that the City does have
a sizable number of construction project areas in the queue and 15th Street in particular has been in
a dilapidated condition for the last 15 years, being held together by extensive patching efforts.
From staff’s perspective it is long overdue for improvement. Holding off an additional year to do
this work will create additional maintenance needs to get it through until 2021, and put additional
pressure on an existing backlog of projects. Staff is not recommending this option.
Increase Length of Repayment Period - The City could choose to increase the length of the
repayment period from 10 to 15 years, allowing for the annual installments to be lower for each
property owner. However, the tradeoff is that there will be added interest costs for both the
homeowner and the City due to the elongation of the repayment period and the increased
likelihood of a higher interest rate under this type of schedule ($500+ for the average single-family
property). With these downsides, it is staff’s strong recommendation not to pursue this solution.
ASSESSMENT ABATEMENT PROGRAM REMAINS AVAILABLE
In addition to having all of the above alternatives at the City’s disposal to help soften the immediate impact of
special assessments, the City will continue to have use of the Assessment Abatement Program for this project,
with $71,000 available in Community Development Block Grant funds assigned towards assessment abatement
for low and moderate-income households through the traditional application process facilitated by the Dakota
County CDA.
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STAFF RECOMMENDATION
Staff is recommending that the City Council move forward in adopting the attached resolution awarding the
contract to A-1 Excavating, in the total amount of $3,633,424.40, which includes award of Bid Alternate No. 1.
The resolution has been written with flexibility for reflecting the Council’s final determination of the year in
which assessments will be considered and the length of term for payoff, and will be filled in accordingly.
ATTACHMENTS
• Resolution
• Examples of Assessment Repayment Scenarios
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Construction in 2020, Assessments Adopted in 2020, 10-Year Repayment Construction in 2020, Assessments Adopted in 2021 10-Year Repayment
Project-wide Average Assessment Amount - Single Family Property $4,500.00 Project-wide Average Assessment Amount - Single Family Property $4,500.00
Term (years)10 Term (years)10
3.25%3.25%
Year Principal Interest
County
Certification
Fee
Installment
Amount
New
Principal
Balance
Monthly
Amount
(Informational)Year Principal Interest
County
Certification
Fee
Installment
Amount
New
Principal
Balance
Monthly
Amount
(Informational)
2021 $450.00 $158.67 $5.00 $613.67 $4,050.00 $51.14 2022 $450.00 $158.67 $5.00 $613.67 $4,050.00 $51.14
2022 $450.00 $131.63 $5.00 $586.63 $3,600.00 $48.89 2023 $450.00 $131.63 $5.00 $586.63 $3,600.00 $48.89
2023 $450.00 $117.00 $5.00 $572.00 $3,150.00 $47.67 2024 $450.00 $117.00 $5.00 $572.00 $3,150.00 $47.67
2024 $450.00 $102.38 $5.00 $557.38 $2,700.00 $46.45 2025 $450.00 $102.38 $5.00 $557.38 $2,700.00 $46.45
2025 $450.00 $87.75 $5.00 $542.75 $2,250.00 $45.23 2026 $450.00 $87.75 $5.00 $542.75 $2,250.00 $45.23
2026 $450.00 $73.13 $5.00 $528.13 $1,800.00 $44.01 2027 $450.00 $73.13 $5.00 $528.13 $1,800.00 $44.01
2027 $450.00 $58.50 $5.00 $513.50 $1,350.00 $42.79 2028 $450.00 $58.50 $5.00 $513.50 $1,350.00 $42.79
2028 $450.00 $43.88 $5.00 $498.88 $900.00 $41.57 2029 $450.00 $43.88 $5.00 $498.88 $900.00 $41.57
2029 $450.00 $29.25 $5.00 $484.25 $450.00 $40.35 2030 $450.00 $29.25 $5.00 $484.25 $450.00 $40.35
2030 $450.00 $14.63 $5.00 $469.63 $0.00 $39.14 2031 $450.00 $14.63 $5.00 $469.63 $0.00 $39.14
Total $4,500.00 $816.80 $50.00 $5,366.80 Total $4,500.00 $816.80 $50.00 $5,366.80
Assessment Repayment Alternatives & Annual Installment Amounts - 2020 Neighborhood Infrastructure Improvements
Estimated Interest RateEstimated Interest Rate
IX-01
CITY OF HASTINGS
DAKOTA COUNTY, MINNESOTA
RESOLUTION NO.
RESOLUTION RECEIVING BIDS AND AWARDING CONTRACT FOR PROJECT 2020-1
2020 NEIGHBORHOOD INFRASTRUCTURE IMPROVEMENTS
WHEREAS, pursuant to an advertisement for bids for Project 2020-1, the 2020 Neighborhood Infrastructure
Improvements project, and bids were opened on April 22, 2020 and tabulated according to law, and the
following bids were received:
Bidder Total Base Bid Bid Alternate
A-1 Excavating – Bloomer, WI $3,597,304.65
$36,119.75
McNamara Contracting – Rosemount, MN $3,920,981.97 $40,481.25
Geislinger & Sons – Watkins, MN $4,718,874.50 $36,605.00
Bituminous Roadways – Mendota Heights, MN $4,722,145.95 $47,050.00
and
WHEREAS, each bidder was required to submit detailed information regarding their company’s ability to
perform said project, and said information was reviewed and scored through the use of objective criteria for the
purposes of determining bidder’s ability to perform the project work, and
WHEREAS, the lowest bidder, A-1 Excavating, met the minimum number of points in the bidder’s qualification
review to meet the requirements, and
WHEREAS, it appears that A-1 Excavating is the lowest responsible bidder.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HASTINGS AS FOLLOWS:
1. The Mayor and Clerk are hereby authorized and directed to enter into a contract with A-1
Excavating.
2. The total amount of the contract is hereby declared to be $3,633,424.40, which includes award of
the Base Bid and Bid Alternate No. 1.
3. The City will consider adoption of special assessments in ________ with a _________ year
assessment repayment schedule for property owners who choose for their assessment to be placed
on the County Property Tax statement.
ADOPTED BY THE CITY COUNCIL OF HASTINGS, MINNESOTA, THIS 18TH DAY OF MAY, 2020.
Ayes:
Nays:
Mary D. Fasbender, Mayor
ATTEST:
Julie Flaten, City Clerk
SEAL
IX-01
City Council Memorandum
To: Mayor Fasbender & City Council Members From: Nick Egger – Public Works Director Date: May 12, 2020 Item: Reject Bids – 2020 Mill & Overlay Program
Council Action Requested:
The council is requested to reject the bids received for the 2020 Mill & Overlay Program.
Background Information:
Six bids were received and opened for the 2020 Mill & Overlay Program on Thursday, March 26, 2020.
Financial Impact: The majority of work in this project was to be funded from general fund dollars. Although the bids were
competitive and in reasonbly close range to construction cost estimates, with much uncertainty as to
what impact the COVID-19 pandemic will have on the project’s primary funding source, staff is
recommending rejection of the bids at this time. Because the project was bid as a large package to
include uniform pricing for work items on the City’s local and State Aid streets, there is not a legally
available opportunity to reduce or modify the scope to carve out and separate only the work that could
be funded by other sources, such as the State Aid segments on West 15th Street or South Frontage Road.
Staff Recommendation: The bid bond that guarantees prices expires on May 26th, and due to the continuing financial
uncertainties that tie into the local sources of funding, staff recommends rejection of the bids. In
addition, staff recommends taking some time for the financial picture to come into better focus and to
look for possible opportunities for carrying out a portion of the work, such as 1) the event of a federal
stimulus program that seeks “shovel ready” projects, and/or 2) a revised project scope that includes
only streets on the State Aid system that can be funded purely with money from the City’s Municipal
State Aid account. In either case, a new solcitiation for bids would be required.
Attachments:
• Resolution
• Project Map
Bidder Amount Alternate
Bituminous Roadways $539,476.65 $22,148.13
McNamara Contracting $540,805.44 $23,804.81
Park Construction $557,313.83 $12,807.35
T.A. Schifsky & Sons $629,391.00 $20,712.47
Minnesota Paving & Materials $650,279.32 $14,437.94
Northwest Asphalt $668,463.70 $14,218.30
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CITY OF HASTINGS
DAKOTA COUNTY, MINNESOTA
RESOLUTION NO.
RESOLUTION RECEIVING AND REJECTING BIDS
2020 MILL & OVERLAY PROGRAM
WHEREAS, pursuant to an advertisement for bids for contracted pavement mill and overlay work, the
following bids were received on March 26, 2020, and tabulated according to law:
Bidder Base Bid
Add
Alternate
Bituminous Roadways $539,476.65 $22,148.13
McNamara Construction $540,805.44 $23,804.81
Park Construction $557,313.83 $12,807.35
T.A. Schifsky & Sons $629,391.00 $20,712.47
Minnesota Paving & Materials $650,279.32 $14,437.94
Northwest Asphalt $668,463.70 $14,218.30
and
WHEREAS, the City desires to complete this work, but remains uncertain as to impacts on local funding
resources specific to this project resulting from the COVID-19 pandemic.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HASTINGS AS FOLLOWS:
1. The City hereby rejects the bids.
2. Staff is directed to keep watch for the creation of new external funding
resources and to explore possible scope adjustments that would allow for a
new solicitation of bids in the future.
ADOPTED BY THE CITY COUNCIL OF HASTINGS, MINNESOTA, THIS 18TH DAY OF MAY 2020.
Ayes:
Nays:
Mary D. Fasbender, Mayor
ATTEST:
Julie Flaten, City Clerk
SEAL
IX-02
South Frontage Rd: General Sieben Dr to Pleasant Dr
15th St: General Sieben Dr to Wyndham Hill Dr
Northridge Dr: General Sieben Dr to Pleasant Dr
2020 Mill & Overlay Program
State Aid Eligible Segment
Local Funding Only
CSAH 46
HWY 55
15TH ST
S O U T H
NORTHRIDGE
D
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F R O NTAGE RD
GE
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A
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S
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B
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N
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PL
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A
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A
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D
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WY
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A
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D
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Pedestrian Ramp Improvements
µ
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REVISED REPORT
City Council Memorandum
To: Mayor Fasbender & City Councilmembers
From: John Hinzman, Community Development Director Date: May 18, 2020 Item: Resolution: Temporary Changes for Operation of Businesses Effected by COVID-19 Restrictions - REVISED REPORT
Revisions to Original Report - Final DBA Plan
The original staff report contained an earlier draft plan of the DBA Plan for Downtown. The Final DBA Plan has been included in the revision. I have included a summary of changes from the original request below. 1. Parklets
• Request ability to serve alcohol in parklets
• Square footage of parklets are given – locations are the same:
• Cost estimates given for parklets - $1,500-$2,000 for large parklets and $700-$1,000 given for parklets on Sibley and Tyler. City estimate for parklet cost is
around $8,600 for a 200 s.f. parklet (finished product including materials and labor)
• Added statement that City construction would provide uniformity
• Looking at using HEART Grant for construction.
2. Bumpouts
• Seek to use bumpouts for to-go alcohol consumption 3. Courtyard under Bridge
• Seek to use for to-go alcohol consumption
• Request additional trash receptacles. 4. Smoke Free Downtown
• No changes
City Role
• Increased traffic and safety presence
• Extra garbage cans near parklets
Maps
• Bumpout locations now noted.
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Additional City Attorney Review Additional review by the City Attorney has been incorporated into the text of
the document. New information and changes are noted in red
HEDRA Allocates Money for Parklets The Hastings Economic Development and Redevelopment Authority (HEDRA) voted to allocated $25,000 towards the construction of parklets at the May 14th
Meeting. Commissioners discussed the desire for funding to be disbursed as a
reimbursement rather than being constructed by the City. Funding is subject to City Council approval for parklets and the establishment of policies and permits for construction.
Council Action Requested:
Consider adoption of the attached resolution outlining temporary changes for business operation due to the effects of the COVID-19 pandemic. A simple majority is necessary for action.
Background Information:
Operation of commerce has been severely restricted through emergency orders issued by the governor to prevent the spread of COVID-19. Upon resumption of commerce, businesses will need to implement social distancing measures which limit the number of on-site customers. Businesses are looking at alternative ways to serve customers outside
the footprint of their building.
DBA Plan for Downtown Businesses The Downtown Business Association (DBA) has submitted a Plan for Downtown Businesses (attached) requesting the following:
1) Parklets. Parklets are the temporary conversion of on-street parking areas into private commercial areas for the use of neighboring businesses. They involve construction of a raised platform flush with the level of the curb with installation of barriers along the edges to demarcate the space. Parklets are generally used as
table space for restaurants and can be found throughout many larger cities.
• Request - City construction of the platforms for six parklets located within the downtown. Businesses could decorate and personalize the parklet to their liking.
List of businesses wanting parklets to be delivered to City on May 20th with
construction of base completed on May 22. Parklets would be removed by November 1st. Seek permission to serve alcohol in parklets. City construction would maintain uniformity. Seek to use HEART grant for expenditure. Seek additional garbage cans at parklets. Parklets would be located as follows:
Location Size DBA Cost Estimate 2nd Street - 4 parklets (2 per block) 3 parking spaces - 575 s.f. $1,500 - $2,000
Sibley Street (Onion Grill) 1 parking space - 200 s.f. $700 - $1,000
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Staff Analysis - Supportive of the concept, but more detail is needed prior to
permission being granted. The Council may choose to amend the resolution to
grant City Staff the authority to approve parklets upon development of procedures and addressing the following questions: o Parklets could not be used for the table service by restaurants under the
current Executive Order. A target date of June 1st has been established by
the Governor for allowance of restaurant service.
o Parklets could be used by the public at large to consume to-go orders under the current Executive Order, however alcohol consumption would not be allowed under City regulations banning alcohol consumption in the
public right-of-way.
o Alcohol service would not be allowed within parklets. Liquor licensing requires that there be a delineated “compact and contiguous” area that is covered by the liquor license and insurance. The physical separation of a sidewalk between the main establishment and the parklet would not allow
for alcohol service. Staff is aware that other cities may have allowed
alcohol service in parklets and has reached out to Minnesota Alcohol Gambling Enforcement Division (AGED) for clarification. At this time AGED has confirmed the requirement that alcohol service in outdoor areas must be contiguous.
o Use of a parklet exclusively by one restaurant should be accomplished
through the existing Sidewalk Café Ordinance including a license for new operators or amendment of an existing license. o City payment of parklets that are designated for exclusive use of a particular business use would not likely meet the public purpose
requirement for expenditure and is not expressly authorized in statutes or
elsewhere. HEDRA’s authorization is different and is allowable.
o Need to ensure safety of parklets from collision of motor vehicles. If a vehicle was driven into a parklet area causing injury or death to one or more individuals, the City would have significant risk of liability and the
decision of what barriers the City required would certainly be scrutinized
in a negligence claim.
• City estimate for parklet cost is around $8,600 for a 200 s.f. parklet (finished product including materials and labor)
o Use of HEART Grant for funding would be consistent with program
guidelines. The grant budget for a specific business would need to be modified to reflect the change. o How wide is support among downtown business owners o Social distancing requirements will limit the amount of use.
o Will need to have permission of neighboring effected businesses.
o Need to ensure a minimum level of appearance - aesthetics
o Prefer parklets to be completely privately constructed o Businesses would need to indemnify the City of Liability. o Need to ensure emergency ingress and egress to buildings. o Cannot extend any further out towards travel lanes than existing parking
stall distance from curb and preferably less to allow buffer space to moving vehicle traffic.
X-B-01
o Cannot be constructed over utility access panels, manhole covers, storm drains or fire hydrant shut off valves
1a) Use of Sidewalks for Commerce. Allow businesses to use a portion of the sidewalk in front of their business for the display of merchandise or to conduct commerce.
Staff Analysis - Recommend approval as follows:
o Council can grant special permission for use under City Code 90.11 a) Requirement that persons aggrieved by the use can petition City Council for a hearing. b) Would not include food or alcohol service (this is covered under
Sidewalk Café Ordinance).
c) Businesses must provide a corridor or no less than four (4) feet along the sidewalk, building entrances and ADA accessible ramps. d) Sidewalk display areas must be kept neat and tidy. e) City would create a simplified form (similar to the Sidewalk Café
License) to be completed by a user with correct and complete
business names of the building owners and operators, and the description of the area that will be used along with a waiver of indemnity from the business’ insurance.
2) Use of Bumpout Areas - Large Flower Planters. Bumpouts are the extended
sidewalk and plaza areas at street intersections within the downtown. Most of them contain a larger flower planters. Request that the planters be used as a base for a table and that the City provide\construct a tabletop. The tables would be used bistro dining. Seek permission to use for to-go alcohol consumption.
Staff Analysis - Recommend approval as follows:
o City payment for improvements that are designated for exclusive use of a particular business use would not likely meet the public purpose requirement for expenditure and is not expressly authorized in statutes or
elsewhere.
o Staff assumes bumpout areas would be open to the general public and not for the exclusive use an individual business. o Service of alcohol would be prohibited per City Code and AGED o City would not construct, but would allow private construction
a) Need a plan to ensure uniform design before construction could
begin. b) Cannot impair ingress and egress or ADA accessibility c) City\HEDRA could consider reimbursement for construction upon submittal of cost estimate from DBA.
d) Chairs and maintenance to provided privately.
e) Need to ensure permanent damage to the planters is avoided.
o Locations and number of flower planters to be identified 3) Courtyard Under the Bridge. Request city install additional tables, two portable toilets, and two handwashing stations in the plaza beneath the TH 61 Bridge.
Permission to consume alcohol requested.
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Staff Analysis - Recommend approval as follows:
o Placed to conform with social distancing best practices.
o Ensure adequate number of waste receptacles.
o No commercial activity. o Service of alcohol would be prohibited per City Code and AGED
4) Designation of a Smoke and Vape Free Downtown.
Staff Analysis: o Would require an amendment to the City Code o Not sure if this would fall under the emergency ordinance provisions.
5) Installation of Rubber Speed Bumps on 2nd Street. Staff Analysis: o Installation of temporary speed bumps\humps has not been implemented
in the past.
o Bumps will cause frustration for through traffic, which will translate into increased aggressiveness by motorists between them and between blocks. o Increase in activity through return of customers, extension of sidewalk use, and parklets will help to slow traffic.
Other Temporary Changes for Operation of Businesses In addition to the requests of the DBA Plan, staff recommends the adoption of the following temporary measures:
1) Increase the number of picnic tables along the riverfront and downtown
o Relocate other City tables to these areas
o Could ask public to “lend us their picnic table” for the summer o Restaurants could offer delivery of food to tables
2) Allow Conversion of Private Parking Lots into Outdoor Dining, Drive-thru, or pick-up and delivery area for take out orders
o Plan for conversion must be submitted to the Community Development Department. o Allow conversion of up to 25% of required parking into outdoor dining
areas
o Does not apply to public parking lots.
o Liquor license would need to be amended. 3) Enforcement of temporary signage requirements will be not be prioritized
o Signs cannot impair visibility at intersections
o Enforcement of the placement of numerous temporary signs in multiple locations throughout the City will continue. Financial Impact:
The DBA request for City participation in construction of parklet platforms,
tabletops on bumpout flower pots, and portable toilets\handwashing stations will involve City expense.
X-B-01
Advisory Commission Discussion:
The Hastings Economic Development and Redevelopment Authority (HEDRA) is scheduled to discuss potential contribution towards construction of parklets at the May 14th meeting.
Council Committee Discussion:
N\A Attachments:
• Resolution
• DBA Plan for Downtown Business
X-B-01
HASTINGS CITY COUNCIL RESOLUTION NO. _________________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS APPROVING TEMPORARY MEASURES FOR OPERATION OF COMMERCE Council member ___________________________ introduced the following
Resolution and moved its adoption:
WHEREAS, Minnesota Executive Order 20-01 Declaring a Peacetime Emergency and Coordinating Minnesota’s Strategy to Protect Minnesotans from COVID-19 was executed by the Governor on March 13, 2020 in response to the COVID-19
Pandemic; and
WHEREAS, subsequent Executive Orders executed by the Governor have restricted operation of commerce, causing financial hardship to the local economy; and
WHEREAS, on March 16, 2020 the City of Hastings declared a Public Health
Emergency resulting from imminent health conditions caused by the presence of the Coronavirus Disease (COVID-19); and WHEREAS, restrictions on the operation of commerce will be removed over
time; however, adherence to social distancing requirements are likely to remain for some
time; and WHEREAS, the City Council seeks to adopt temporary measures to provide additional opportunities for the operation of commerce that adhere to social distancing
requirements; and
WHEREAS, Hastings City Code Chapter 90.11 allows for the private use of public streets and parking lots including sidewalk areas.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HASTINGS AS FOLLOWS: That the City Council of the City of Hastings hereby approves the following temporary
measures:
1) Use of Sidewalks for Commerce. Businesses may use a portion of the public sidewalk in front of their business for the display of merchandise or to conduct commerce as outlined under Hastings City Code Chapter 90.11 under the
following conditions:
a) Any service of food and beverages must adhere to Hastings City Code Chapter 90.16 - Sidewalk Cafes. b) Businesses must provide a corridor or no less than four (4) feet along the
sidewalk, building entrances and ADA accessible ramps.
c) Sidewalk display areas must be kept neat and tidy. d) Must provide City with a waiver of indemnity from the businesses’ insurance.
X-B-01
e) Completion of a Sidewalk Use Form with correct and complete business names of the building owners and operators, and the description of the area
that will be used along with a waiver of indemnity from the business’
insurance. 2) Conversion of Public Downtown Planters to Table Seating. Large public planters located within the right-of-way may be converted by neighboring
business owners into a tabletop platform under the following conditions:
a) Construction would be done privately. b) Submittal of a plan to the City to ensure stability and design. c) Cannot impair site visibility at the intersection or ingress\egress consistent with the American with Disabilities Act (ADA)
d) Avoidance of permanent damage to the planter.
e) Consumption of alcohols shall be prohibited. 3) Use of TH 61 Bridge Plaza. City will install additional tables, portable toilets, and hand washing facility in the plaza area under the TH 61 bridge. The City will
determine if additional waste receptacles are needed. Use of the tables and space
for commercial activity shall be prohibited. Consumption of alcohols shall be prohibited. 4) Increase the number of picnic tables along the riverfront and downtown.
City staff will relocate picnic tables from other areas to the Mississippi Riverfront
and downtown to increase opportunities to enjoy take-out orders from restaurants. 5) Allow Conversion of Private Parking Lots into Outdoor Dining, Drive-thru, or pick-up and delivery area for take-out orders. Allow conversion of up to
25% of required parking into outdoor dining areas subject to the requirements of
City Code Chapter 90.16 - Sidewalk Cafes and upon submittal of a plan to the Community Development Department. 6) Enforcement of temporary signage requirements will be not be prioritized.
Signs cannot impair visibility at intersections. Enforcement of the placement of
numerous temporary signs in multiple locations throughout the City will continue. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF HASTINGS: The measures identified within this resolution shall expire on November
1, 2020 unless further extended by the City Council.
Council member _____________________ moved a second to this resolution, and upon being put to a vote it was adopted by all Council members present.
Adopted by the Hastings City Council on May 18, 2020, by the following vote: Ayes: Nays: Absent:
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______________________________
Mary Fasbender, Mayor
ATTEST:
_____________________________________
Julie Flaten, City Clerk
I HEREBY CERTIFY that the above is a true and correct copy of resolution presented to and adopted by the City of Hastings, County of Dakota, Minnesota, on the 18th day of May 2020, as disclosed by the records of the City of Hastings on file and of record in the office.
______________________________ Julie Flaten, City Clerk (SEAL)
This instrument drafted by: City of Hastings (JH) 101 4th St. East Hastings, MN 55033
X-B-01
Plan for Downtown Businesses
For City of Hastings review/approval on May 18 City Council Meeting
To: Hastings City Council
From: Hastings Downtown Business Association
Date:May 13, 2020
Subject: Downtown Businesses Plan in Response to the Impact of COVID-19
Background
During this unprecedented time as everyone deals with COVID-19 pandemic, small business owners have
suffered greatly. While being safe and not allowing to open doors to customers and clients, the economic
impact to small businesses is astounding. It’s imperative that the Hastings downtown businesses and other
businesses can open for business as soon as possible with the appropriate safety precautions in place. If
Hastings businesses succeed, the City of Hastings succeeds.
Proposal
According to Tripadvisor, visitors to Hastings like its quaint and cute downtown, the ease of parking, the
antique stores, and being able to shop and eat/drink. The Hastings Downtown Business Association (HDBA)
proposes a plan in response to the COVID-19 impact that includes an open concept allowing customers and
clients to sit outside of businesses, go inside businesses, and continue curb-side pickup. This would be
implemented via:
1.Parklets. Parklets are a unique concept that are getting more visibility in other cities with positive
reviews (see attached Minneapolis parklet review). Parklets allow businesses to extend their seating
and/or retail on the sidewalk in front of their stores and some continue as a patio into one or more
parking spaces. If the hosting business has a liquor license to serve alcohol to their customers, you
would be able to drink alcohol during their serving hours.
With the parklet concept in mind, Hastings downtown businesses would have the discretion of using the space
in front of their businesses for extra seating and/or retail, allowing for appropriate walking areas, and the option
to utilize three parking spaces in front of their businesses for parklets; handicapped parking spaces would
remain as is. Parklets would be for downtown businesses on Second St, Ramsey St to include The Onion
Grille, and Tyler St to include Artspace:
1 parklet = 3 parking spaces on 2nd Street roughly 575 sq feet; there would be 2 parklets per block on 2nd
Street
1 parklet = 1 parallel spot in front The Onion Grille on Sibley St, roughly 200 sq ft
1 parklet = 1 parallel spot in front of Artspace on Tyler St., roughly 200 sq ft
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Cost Estimate would be roughly $1500-$2000 for the large parklets on 2nd Street, and $700-$1000 for the
parklet on Sibley and Tyler Streets for base materials.
Attached is a map of the downtown indicating where the parklets would be.
Given the economic reality of downtown businesses, HDBA is requesting that the City waive fees and allow
businesses to extend their areas onto the sidewalk and parking spaces (for parklets). Fee forgiveness would
include any additional Sac and Wac Fees that come from additional outdoor seating.
In addition, businesses in other cities are being supported by their city governments as their city governments
are constructing the footprint of a parklet. This would involve the city setting up 2” x 4”s with cement blocks for
the businesses that would be utilizing parklets, this would also keep the parklets looking uniform if we have a
set design and are constructed by the same party. We are also looking into funding using the HEART Grant
program. The businesses can then decorate and personalize the parklet to their liking.
A list of businesses wanting parklets would be provided to the City by May 20 with the hopes of these
being in place by May 22 to have them in place for Memorial Day Weekend.
For those businesses wanting to extend into the sidewalk and not do a parklet, we envision something like this:
2.Best Usage of Bump Out Areas. The bump out areas on Second Street have been used to display
flowers in the large flower pots. We are in a different time now, and the businesses need to use that
valuable space for seating. The downtown businesses recommend that seating, like a bistro style, be
allowed in the bump out areas. That along with creating a covering for the flower pots so they can be
used as a base for a table constructed by the city, this would allow chairs to be used for additional
seating. This saves the city from planting and maintaining flowers for the summer. The HDBA will be
responsible for providing the seating in the bump out areas, cleaning/sanitizing, and a mechanism to
reduce theft. In addition to having these areas for take out seating we would like to allow customers of
local restaurants that choose to use the take out/curbside option the ability to enjoy their food and
contained alcoholic beverages that the state has allowed businesses to sell for take out/curbside in
these areas.
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3.Courtyard Park Under Bridge. This is a space that the City invested in with beautiful murals,
landscaping rock and pavers and virtually goes unused. The HDBA requests that the city appoints this
hidden gem as a park, move in some picnic tables so residents and tourists can have another space for
seating to enjoy take out for area restaurants or just get out of the sun during a hot summer day. In
addition to having this area designated as a park and having seating, we would like to allow customers
of local restaurants that choose to use the take out/curbside option the ability to enjoy their food and
contained alcoholic beverages that the state has allowed businesses to sell for take out/curbside in
these areas. The HDBA requests that the city provide picnic tables, Garbage receptacles, 2 portable
toilets and 2 handwashing stations for this area, this would help eliminate the use of business’
restrooms if customers choose to social distance and stay outside.
4.Designate our beautiful Historic Downtown as “Smoke & Vapor-Free Downtown”. We feel now is
the perfect time for another change and that means helping out our business’, let us keep our doors
open so customers feel welcome and safe but we can not do this without the smell of smoke that
comes along with it. This can only be accomplished if we designate our beautiful downtown as Smoke
free!
Downtown Business Role
●Appropriate liability insurance from the businesses that use the majority of a parklet and will be serving
food/beverage and also the Downtown Business Association.
●Keep the parklet and the surrounding area clean and clear of debris
●Maintain landscape, weeding, watering within parklets
●Secure furniture and other movable items as deemed appropriate after business hours
●Operation, management, maintenance of parklet
●Provide listing of businesses/locations where parklets would be by May 20
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City of Hastings Role
●Waive fees for extension of businesses onto sidewalk and for parklets, including any SAC/WAC fees.
●Coverage of the flowerpots to create a table.
●Construction of the 2”x4”s boards & concrete parklet, installation (on May 22) and removal of parklet
(on Nov 1)
●Picnic tables for courtyard under bridge
●2 portable toilets and 2 handwashing stations for courtyard under bridge
●rubber speed bump to help slow traffic throughout 2nd street
●Increased Traffic and safety presence
●Extra garbage cans by parklets
Timeframe
The HDBA believes that this concept would be throughout the summer and fall to give businesses the best
opportunity to try to regain lost business due to the COVID-19 closure. The plan would be in place as soon as
possible to incorporate Memorial Day weekend, beginning May 22 and ending Nov 1.
Disclaimer
All the downtown businesses are trying to survive and are looking for ways that will help bring business as well
as be unique and keep the momentum going that we have worked so hard to achieve after all the downtown
construction over the past few years. We understand that this is the first time to try something new and we
can’t possibly cover all the details. However, time is of the essence and we hope the City of Hastings will keep
this in mind and work with us to approve our proposal as soon as possible to help our downtown survive.
Thank you for your consideration.
Hastings Downtown Business Association
Attachments:
Minneapolis Parklet Review
Downtown Map
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100%
80%
100%
80%
100%
80%
recommend parklets
to another business or
organization
Five businesses hosted public parklets
in 2017. A post-season survey showed
broad support for the program.
agree the parklet
increased the visibility of
their business from the
street
agree the parklet was
well and actively used
agree the parklet
increased the likelihood
that patrons would visit
more often
agree the parklet
enhanced the street and
neighborhood identity
agree the parklet
provided valuable
benefits outweighing the
loss of parking spaces
Results of Host Survey
0 zero reported crashes
For more info on how to host a parklet, contact Kelsey Fogt at 612-673-3885 or kelsey.
fogt@minneapolismn.gov.
2017 Parklet Season Review
“Streetscapes get a big boost when parklets find a spot on the
road.”
“My contacts at the City and all other personnel were friendly,
professional, on time, and efficient."
“It gets people out....meeting place. Curiosity. Promotes walking.
Slows down traffic. Gives a sense of a Main Street."
“For a small business that has it's slower time in the summer, the
parklet changed everything for us. Our all-to-go place became a sit
down location. The added income balanced our year.”
“The Parklet program also made it possible for my small
business to have outdoor seating, something that is cost
prohibitive without underwriting or City support.”
"The City of Minneapolis' Public Parklet program adds beauty,
color, and vibrancy to the City streetscape.”
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City Council Memorandum
To: Mayor Fasbender & City Councilmembers
From: Chris Jenkins, Parks & Recreation Director
Date: May 18, 2020
Item: 2020 Hastings Family Aquatic Center Season
Council Action Requested: Consider canceling the 2020 Hastings Family Aquatic
Center Season.
Background Information: The Hastings Family Aquatic Center is a seasonally
operated outdoor aquatic facility which offers lap swim, open swim, swimming
lessons, private rentals and employment for 60+ individuals annually. HFAC is a
prominent feature in our Parks & Recreation System, and has many positive
impacts within our community.
The current pandemic has certainly given staff an opportunity to take pause and
thoroughly evaluate the feasibility of operating HFAC this summer. I believe we
have waited long enough and have contemplated more scenarios and possibilities
than we ever imagined in an effort to come to an informed decision.
For the following reasons, staff believe the best decision is to cancel the 2020
season at HFAC:
• Staff training: both pre-season and routine in-season trainings are rigorous
and require staff to be in contact with one another and instructors. We
cannot deliver the necessary training for our staff to be effective in their
duties.
• Staff safety: our staff execute 50+ active rescues each season. Rescues
require staff to enter the water, come face to face with a distressed patron,
physically take control of that patron and return them to safety out of the
water. There is no ability to protect staff from COVID-19 while they would
perform these job duties.
• Use of locker rooms and restrooms: could require a “one in – one out”
operation with staff sanitizing between each use. This is not
practical/feasible.
• Inability for patrons to shower prior to entering pool: this is a requirement
from Minnesota Department of Health, and would not be practical/feasible.
• Social distancing requirements: while it is possible the standard may
change, current requirements of 6ft between individuals will impact HFAC’s
operations drastically. Staff would be required to enforce social distancing,
likely requiring additional staff so that lifeguards are not distracted. The
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capacity of the facility would fall from approximately 800 people to just over
100 people. This severely impacts revenue potential. It is anticipated that
social distancing requirements will be in effect in MN throughout the
summer season.
• Pool slides, play structure, climbing wall, lily pads, diving board: these
amenities would not be available as they would require sanitation between
individual uses, which as noted earlier, is not practical or feasible.
• Financial feasibility: with severely limited occupancy it is not realistic to
propose that HFAC would be able to operate in a fiscally responsible
manner.
• Employee experience: we take great pride in providing a safe, fun, and
fulfilling environment for our many employees each season. With the many
variables, requirements, added risks and unknowns, we cannot confidently
provide our employees with the experience they deserve or the experience
we want them to have.
Financial Impact: HFAC would be facing an inability to generate revenue of
acceptable levels with the social distancing requirements and occupancy
limitations.
Advisory Commission Discussion: None
Council Committee Discussion: None
Attachments:
▪
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City Council Memorandum
To: Mayor Fasbender & City Councilmembers
From: Chris Jenkins, Parks & Recreation Director
Date: May 18, 2020
Item: City of Hastings Playgrounds
Council Action Requested: Discuss current playground closure, consider options
going forward.
Background Information: On April 1st, 2020, the decision to affirmatively close
Hastings’ playgrounds was made. This decision led staff to drive posts and surround
play structures with snow fence as well as removal of toddler swings, accessible swings,
and securing belt swings to the frame to disable them.
Many communities in Dakota County and across Minnesota implemented similar
closures around the same timeframe. Since that time, more and more communities
have chosen to reopen playgrounds in their communities. Some continue with closures,
and others have chosen to discourage use. Some who have opened or not closed at
all have chosen to advise the public that sanitation does not occur and playground
equipment should be used at their own risk.
To date, there has not been a Governor’s executive order requiring the closure of
playground equipment. What has been included in executive orders is the suggestion
to Minnesotans that they visit parks, trails, open spaces, etc. while maintaining social
distancing and good hygiene. Throughout the state, Parks & Recreation leaders
continually report greater than normal park and trail visitation and use. Cities who have
recently reopened playground report strong support and appreciation from their
residents, and also acknowledge there have been those who strongly oppose the
decision.
Below is a list of cities within or bordering Dakota County with their current status listed.
Staff wanted to provide this information to City Council in an effort to keep up to date
and well informed. Staff are not proposing a recommendation either way, rather want
to offer up to date information for Council to digest and discuss if desired.
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City Status If Open – Sign Option
Eagan Open
Lakeville Open Social Distance/Hygiene
Rosemount Open Social Distance/Hygiene
West St Paul Open Discourages Use
Cottage Grove Open
Apple Valley Open No Sign
South St. Paul Open
Burnsville Open
Farmington Closed No Sign
Hastings Closed No Sign
Inver Grove Heights Closed Closed
Mendota Heights Closed Closed
Dakota County Closed
Financial Impact: None
Advisory Commission Discussion: None
Council Committee Discussion: None
Attachments:
▪
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City Council Memorandum
To: Mayor Fasbender & City Councilmembers
From: City Administrator Dan Wietecha
Date: May 18, 2020
Item: Froth & Cork On-Sale 3.2% Malt Liquor and Wine Licenses
Council Action Requested:
Consider either approving or denying the request of Jim Biermaier to fully refund liquor license fees
paid for period of January 1 through June 30, 2020
Background Information
On-Sale 3.2% Malt Liquor and Wine Licenses for Froth & Cork, LLC were approved by the City
Council on January 6, 2020.
Per ordinance, the licenses run from July 1 to June 30 with annual fees of $300 for the On-Sale 3.2%
Malt Liquor License and $275 for the Wine License, for a total of $575. Per ordinance, licenses
approved after the first of the year are pro-rated in half, in this case $287.50. The City’s practice has
been to round pro-rated licenses down, so Froth & Cork’s fee was $285 for licenses running January
6 to June 30.
Froth & Cork did not open for business until mid-March, and in an awful coincidence of timing was
closed within days due the Governor’s executive order closing bars, restaurants, and other places of
public accommodation in response to the COVID-19 pandemic.
During its April 20 meeting, the City Council approved refunding license fees for businesses unable
to utilize City liquor, tobacco, massage, and pawn shop licenses due to the Governor’s executive
orders. For liquor licenses, the period was March 17 to June 30 (106 days). The City Council planned
for an emergency ordinance to formally approve the refunds during its next meeting on May 4.
In the meantime, City staff notified the 57 licensed businesses of the pending refunds. On April 28,
Jim Biermaier e-mailed me requesting that I refund the full amount of the license fees for Froth &
Cork. I explained that I did not have the authority to do so but would forward his request for the City
Council’s consideration. On May 3, Mr. Biermaier repeated his request through the City’s e-mail
portal for public comments, as follows:
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RE: FROTH & CORK Liquor license Fee’s
I’m asking for the city to give us a full refund (not just a prorated amount from 3/16-6/30) of
the full years Liq. License Fee’s due to COVID-19…here’s why;
We asked for our liquor license paperwork in Sept.-Oct. 2019 as we were told it could take a
couple of months to get everything completed and approved. We paid all the fee’s and
showed proof of insurance coverage. At that time, we were hoping to be open by January 1st,
2020 but with the lack of response with questions/resolution on WAC/SAC by the mayor and
the council, we were delayed. We finally opened on March 16th and closed the next day due
to the Governor’s orders, we have been closed since. The credit from 3/17-6/30 that
businesses are being given makes sense as they had an opportunity to operate from June-2019
to present (in some cases), our business has not. As I’ve mentioned before, our average ring
is too low to be categorized as a restaurant and it made no financial sense to try and do
curbside and off-sale liquor beer/wine sales.
I would propose the following;
Do not refund any fee’s to us but use the proceeds we paid in 2019 to cover our June 2020-
June 2021 liquor license expense.
Thank you for your time with this,
Jim R Biermaier Jr
FINANCIAL ADVISOR
Both e-mails were forwarded to the full City Council on May 4, prior to that evening’s meeting.
During the meeting, the emergency ordinance providing pro-rated refunds was approved as
presented. There was no exception made for the request brought by Froth & Cork to have a full
refund.
With 106 days applied on the license period of a full 365-day year, the refund for Froth & Cork was
calculated at $82.77 and was applied as a credit for Froth & Cork’s upcoming license renewal as
requested by Mr. Biermaier. Please note, however, the correct calculation should have been based on
the half year of these particular licenses; this amount is $165.54. This mistaken calculation will be
corrected with an additional credit for Froth & Cork’s upcoming renewal.
The morning after the City Council meeting, Councilmember Lund asked that Froth & Cork’s
request be placed on the agenda for the next City Council meeting. Please note that Mr. Biermaier’s
e-mail contained two requests: 1) a full refund of the license fees and 2) that the refund be applied as
a credit for the upcoming license renewal which has already been handled administratively.
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If the City Council is reconsidering the refund of license fees for Froth & Cork, some of the timeline
may assist the discussion:
• Froth & Cork initially applied and paid license fees for the liquor licenses on October 15 and
submitted its required proof of insurance about November 26.
• Noting that Froth & Cork had not progressed on requirements for a certificate of occupancy, I
pulled the approval of the liquor license from the December 16 City Council agenda.
Specifically, Froth & Cork had shown plans for building renovations to another agency but
had not yet applied for a building permit from the City. Once a liquor license is approved by
the City it is sent to the Alcohol Gambling Enforcement office, and they schedule an
inspection of the property. They will not conduct an inspection until renovations are a
minimum of 90% complete, and if food is being served, a Department of Health inspection
has been completed. Additionally, Mr. Biermaier had stated through e-mails to
councilmembers and staff that he would not pay required Sewer and Water Access Charges
(SAC/WAC).
• Mr. Biermaier and I met on December 20. Mr. Biermaier submitted the building permit
application on December 20. Mr. Biermaier paid the building permit application fees,
including the SAC/WAC on January 3. The liquor license application was approved by the
City Council during its next meeting on January 6.
As a matter of procedure, the amount of the license fees and the possibility of refund is governed by
City ordinance. If desired by the City Council, the City Attorney would draft an amendment to the
emergency ordinance already adopted on May 4 which can be considered at the Council’s June 1
meeting to provide a full refund of liquor license to Froth & Cork. As with all ordinances, subsequent
publication would also be required.
Financial Impact
A full refund of Froth & Cork’s license fees would include an additional credit of $123.46 being
applied toward their 2020-2021 renewal.
Advisory Commission Discussion:
N/A
Council Committee Discussion:
N/A
Attachments:
N/A
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