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20211115 - CC Packet
Sign up to receive automatic notification of Council agendas At ccagenda-subscribe@hastingsmn.gov or by calling 651-480-2350 City Council packets can be viewed in searchable format on the City’s website at https://www.hastingsmn.gov/city-government/city-council/city-council-documents-copy CITY OF HASTINGS CITY COUNCIL AGENDA Monday, November 15, 2021 7:00 p.m. I. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. ROLL CALL IV. DETERMINATION OF QUORUM Presentation: Preservation Awards V. APPROVAL OF MINUTES Approve Minutes of the City Council regular meeting on November 1, 2021. VI. COMMENTS FROM THE AUDIENCE Comments from the audience may include remarks about items listed on the Consent Agenda. VII. COUNCIL ITEMS TO BE CONSIDERED VIII. CONSENT AGENDA The items on the Consent Agenda are items of routine nature or no perceived controversy to be acted upon by the City Council in a single motion. There will be no discussion on these items unless a Councilmember so requests, in which event the items will be removed from the Consent Agenda to the appropriate Department for discussion. 1. Pay Bills as Audited 2. Resolution: Approve New Massage Therapist and Establishment Licenses – Amanda Kaeding, Traveling Hands Massage LLC 3. Authorize Submittal of the Dakota County Community Waste Abatement Grant Program 4. Resolution: Acceptance and Appreciation of a Donation to the Parks & Recreation Department from the Edgar Family 5. 1st Reading\Order Public Hearing: Amend City Code - Zoning - Definition of Family 6. Resolution: Terminating and Approving New Contract - NJS Development - Stencil 7. Approve Change Order No. 1 to the 2021 Sanitary Sewer Lining Program 8. Approve Pay Estimate No. 6 for 2021 Neighborhood Infrastructure Improvements – McNamara Contracting, Inc. ($290,359.42) 9. Residential Solid Waste and Recycling Collection Contract Renewal with Tennis Sanitation, LLC (2022-2024). 10. Collective Bargaining Agreement with local 49ers (2022-2023). 11. 3rd Quarter 2021 Financial Statements 12. Delinquent Utility Billing Certification 13. Termination of 2021 Watering Ban 14. Resolution: Authorizing Signature for Contract with ISG, Inc 15. PSAC appointment: Victoria Baukol 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 Sign up to receive automatic notification of Council agendas At ccagenda-subscribe@hastingsmn.gov or by calling 651-480-2350 City Council packets can be viewed in searchable format on the City’s website at https://www.hastingsmn.gov/city-government/city-council/city-council-documents-copy 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. Public Hearing: Comprehensive Plan Amendment #2021-45 - Mixed Use High Residential. 2. Public Hearing: Amend City Code - DC Zoning District X. REPORTS FROM CITY STAFF These items are intended primarily for Council discussion and action. It is up to the discretion of the Mayor as to what, if any, public comment will be heard on these agenda items. A. Public Works B. Parks and Recreation C. Community Development 1. Resolution: Approve Comprehensive Plan Amendment #2021-45 - Mixed Use High Residential. 2. 2nd Reading\Adopt Ordinance: Amend City Code - DC Zoning District 3. Resolution: Variance #2021-38 - Sideyard Setback - Matthew Heiman (502 6th St E) 4. Resolution: Authorize Placement of Septic System in the MUSA - Daniel Bauer (NW Corner of Pleasant and Co Rd 46) D. Public Safety E. Administration 1. Amendment of Final CARES Act Report 2. Closed meeting pursuant to Minn. Stat. 13D.05 subd. 3(a) to discuss the performance evaluation of the City Administrator XI. UNFINISHED BUSINESS XII. NEW BUSINESS XIII. REPORTS FROM CITY COMMITTEES, OFFICERS, COUNCILMEMBERS XIV. ADJOURNMENT Next Regular City Council Meeting: Monday, December 6, 2021 7:00 p.m. Sign up to receive automatic notification of Council agendas At ccagenda-subscribe@hastingsmn.gov or by calling 651-480-2350 City Council packets can be viewed in searchable format on the City’s website at https://www.hastingsmn.gov/city-government/city-council/city-council-documents-copy Hastings, Minnesota City Council Meeting Minutes November 1, 2021 The City Council of the City of Hastings, Minnesota met in a regular meeting on Monday, November 1, 2021 at 7:00 p.m. in the Council Chambers at the Hastings City Hall, 101 East 4th Street, Hastings, Minnesota. Members Present: Mayor Fasbender, Councilmembers Braucks, Folch, Fox, Leifeld Lund and Vaughan Staff Present: City Administrator Dan Wietecha Assistant City Administrator Kelly Murtaugh City Attorney Korine Land Community Development Director John Hinzman Approval of Minutes Mayor Fasbender asked if there were any additions or corrections to the minutes of the City Council regular and workshop meetings on October 18, 2021. Minutes were approved as presented. Consent Agenda 1. Pay Bills as Audited 2. Approve Lease Agreements for Wireless Carrier Generator Installations – T-Mobile 3. Accept Proposal and Authorize Work – Public Works Cold Storage Building (ISG) 4. Approve Assessment Abatement for 2020 & 2021 Neighborhood Infrastructure Improvement Projects 5. 1st Reading\Order Public Hearing: Amend City Code - DC Zoning District 6. Meal Policy 7. Resolution No. 11-01-21: Implement Parking Restrictions on Portions of Southview Drive between Louis Ln and Southview Ct 8. Resolution No. 11-02-21: Acceptance and Appreciation for a Donation to the Parks and Recreation Department from Community Businesses and Individuals 9. Resolution No. 11-03-21: Acceptance and Appreciation for a Donation to the Fire Department from Hastings Rivertown Lions Club 10. Declare Surplus Property and Authorize Public Sale: Police Department 11. Approve Route Amendment to Gobble Gait Councilmember Fox motioned to approve as presented, seconded by Councilmember Leifeld. Ayes 7; Nays 0. Public Hearing, 2nd Reading\Adopt Ordinance 2021-12: Amend City Code - Commercial Building Rehab Hinzman discussed the proposed amendments to the City Code regarding the Commercial Building Rehabilitation Program. Mayor Fasbender opened the public hearing at 7:03 p.m. and hearing no comments closed the public hearing. Sign up to receive automatic notification of Council agendas At ccagenda-subscribe@hastingsmn.gov or by calling 651-480-2350 City Council packets can be viewed in searchable format on the City’s website at https://www.hastingsmn.gov/city-government/city-council/city-council-documents-copy Councilmember Fox motioned to approve as presented, seconded by Councilmember Vaughan. Ayes 7; Nays 0. Liquor License Fees As a carryover from the previous Council meeting, Wietecha sought Council direction whether on-sale type liquor licenses should be charged the second fee payment and noted that staff has not received the results of the Chamber of Commerce’s survey. He discussed a possible ordinance amendment if Council chose to waive fees. Council discussed fee reinstatement, the Chamber survey, direct communication with the on-sale type liquor license holders and the reinstatement of other City fees. 2022 Proposed Budget Wietecha discussed the remaining portion of the 2022 Property Tax Levy including a summary of the Finance Committee’s recommendations in preparation for the Truth in Taxation hearing December 6. Mayor Fasbender and Councilmembers made the following announcements: Announcements • Compost your pumpkin at our free Pumpkin Dropoff on Sunday, November 7, from 3 to 8 pm at the Dakota County Maintenance Shop. Please remove paint, candles, wax or other non-organic material. • A Concert to Honor Our Veterans, featuring Hastings’ own River Valley Band and special guests the 204th Army Band will play at 1 pm on Sunday, November 7, at the Hastings Middle School Auditorium. • City Offices will be closed on Thursday, November 11 in observance of Veterans Day. • The Lyle Russell VFW Post 1210 will host this year’s Veterans Day dinner and program on November 13 at the 2nd Street Depot. The guest speaker will be Dale Hoogeveen, Minnesota VFW Department Senior Vice Commander. Meetings • Planning Commission meeting on Monday, Nov 8, 2021 at 7:00 pm • Parks & Recreation Commission meeting on Tuesday, Nov 9, 2021 at 7:00 pm • HEDRA meeting on Wednesday, Nov 10, 2021 at 6:00 pm • City Council workshop meeting on Monday, Nov 15, 2021 at 5:30 pm • City Council meeting on Monday, Nov 15, 2021 at 7:00 pm Councilmember Leifeld motioned to adjourn the meeting at 7:25 p.m., seconded by Councilmember Folch. Ayes 7; Nays 0. ____________________________ ______________________________ Mary Fasbender, Mayor Kelly Murtaugh, City Clerk City Council Memorandum To: Mayor Fasbender & City Councilmembers From: Justin Fortney, City Planner Date: November 15, 2021 Item: Annual Preservation Awards City Council Action Requested: Join the HPC in congratulating the property owners who will be presented with preservation award plaques. Background Information: Each year the HPC looks throughout the city, nominates, and votes for a number of good examples of properly maintained or restored properties. The HPC has enjoyed presenting these awards with the City Council for 19 years. Due to the pandemic, the preservation awards were canceled 2020. The current awards were rescheduled from May for the same reason. This year, metal century home plaques will also be awarded to the three winners of the general preservation category. An HPC Commissioner will ask the recipients to come to the podium for their plaques and then walk below the dais to stand with the City Council and other recipients. Recognized properties 705 3rd Street West- Lisa Duban 623 Tyler Street - Marci Sadler with Kenmar LLC 320 7th Street West - Dayna Dattilo Street, and the investor - Gary LaChance Midcentury Modern Award: 1120 Tyler Street - David and Sheila Hubley Stewardship Award: 307 Sibley Street Paul & Teresa Kranz / Robert Krippner Advisory Commission Discussion: The HPC selected these properties at its August meeting. Council Committee Discussion: None Financial Impact: None Attachments: General photos of recipients City Council Memorandum To: Mayor Fasbender & City Council Members From: Connie Lang – Accountant Date: 11/10/2021 Item: Disbursements Council Action Requested: Staff requests: Council review of October 2021 CenterPoint & Xcel payments. Council review of weekly routine disbursements issued 11/09/2021. Council approval of routine disbursements, capital purchases and employee reimbursements to be issued 11/16/2021. 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: Oct 2021 Xcel Payments $ 49,499.03 Oct 2021 CenterPoint Payments $ 3,565.66 Disbursement Checks, EFT on 11/09/2021 $ 276,317.61 Disbursement Checks & EFT to be issued on 11/16/2021 $ 554,249.76 Advisory Commission Discussion: N/A Council Committee Discussion: N/A Attachments: ● Disbursement Reports VIII-01 Police 101-140-1403-6345 53.74 City Hall 101-140-1404-6345 127.48 City Storage 101-140-1407-6345 55.00 Alt Learning Ctr 101-401-4143-6345 25.50 Parks 200-401-4440-6345 61.07 Jt Maint 200-401-4447-6345 61.67 Pool 201-401-4240-6345 1,912.40 Fire 213-210-2100-6345 95.00 Le Duc 220-450-4160-6345 55.00 Water 600-300-3300-6345 107.17 Water 600-300-3302-6345 94.59 Garage 601-300-3400-6345 47.16 Arena 615-401-4103-6345 869.88 TOTAL 3,565.66 CENTERPOINT ENERGY October Pymt VIII-01 Xcel Acct #Amount Date Paid Account # 51-6960213-7 2,579.12 27-Oct 101-140-1403-6343 51-6960208-0 1,632.34 8-Oct 101-140-1404-6343 51-8110141-1 794.75 12-Oct 101-140-1407-6343 51-6960219-3 54.93 7-Oct 101-201-2016-6343 51-6960210-4 167.98 8-Oct 101-300-3100-6343 51-6960210-4 839.88 8-Oct 101-301-3200-6343 51-0011278454-9 81.68 8-Oct 101-302-3201-6343 51-0263715-0 415.31 12-Oct 101-302-3201-6343 51-6960218-2 13,161.82 19-Oct 101-302-3201-6343 51-0010048093-4 14.78 8-Oct 200-401-4440-6343 51-0011082067-5 187.70 8-Oct 200-401-4440-6343 51-6960215-9 1,418.98 7-Oct 200-401-4440-6343 51-6960220-6 1,060.31 7-Oct 200-401-4447-6343 51-6960209-1 291.06 26-Oct 201-401-4240-6343 51-6960214-8 1,327.78 7-Oct 213-210-2100-6343 51-7216831-9 569.81 8-Oct 220-450-4160-6343 51-6960210-4 671.90 8-Oct 600-300-3300-6343 51-6960216-0 13,043.17 28-Oct 600-300-3300-6343 51-6960216-0 4,275.77 28-Oct 600-300-3302-6343 51-6960217-1 1,228.97 7-Oct 601-300-3400-6343 51-6960212-6 5,680.99 1-Oct 620-300-3500-6343 Total 49,499.03 Oct 2021 Xcel Payments VIII-01 11-05-2021 01:00 PM Council Report NOV 9TH PYMTS, 2021 PAGE: 1 DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_ COUNCIL & MAYOR GENERAL CENTURY LINK PHONES 8.06_ TOTAL: 8.06 ADMINISTRATION GENERAL INNOVATIVE OFFICE SOLUTIONS, LLC OFFICE SUPPLIES 93.36 CENTURY LINK PHONES 167.26_ TOTAL: 260.62 CITY CLERK GENERAL I/O SOLUTIONS, INC. FAX SHEETS FOR SCORING 20.00 CENTURY LINK PHONES 24.18 GOODHIRE OCT 2021 SERVICE 282.00 AWARDS NETWORK 2021 EMPLOYEE RECOGNITION 2,911.40_ TOTAL: 3,237.58 FINANCE GENERAL CENTURY LINK PHONES 64.48_ TOTAL: 64.48 FACILITY MANAGEMENT GENERAL CENTURY LINK PHONES 110.84 VIKING AUTOMATIC SPRINKLER CH 540.00_ TOTAL: 650.84 COMMUNITY DEVELOPMENT GENERAL CENTURY LINK PHONES 24.18_ TOTAL: 24.18 I.T. GENERAL OFFICE OF MN.IT SERVICES SEPT 2021 WAN/USAGE 515.15 CENTURY LINK PHONES 24.18 CENTURY LINK #612-E10-0514-020 911 88.68_ TOTAL: 628.01 POLICE GENERAL CENTURY LINK PHONES 184.39 SOUTH METRO SWAT CROSS TRAINING - FT MCCOY 292.62 STREICHERS WEAPONRY-LESS LETHAL BEAN 1,189.79_ TOTAL: 1,666.80 BUILDING & INSPECTIONS GENERAL CENTURY LINK PHONES 40.30 PHONES 8.06_ TOTAL: 48.36 PUBLIC WORKS GENERAL CENTURY LINK PHONES 40.30 NINE EAGLES PROMOTIONS WOLFE CLOTHING 220.00_ TOTAL: 260.30 PUBLIC WORKS STREETS GENERAL ASTLEFORD INTERNATIONAL TRUCK BELT FAN 58.58 WSB & ASSOCIATES INC TH 316 INSPECTION 5,477.25 CENTURY LINK PHONES 137.52 HOMETOWN ACE HARDWARE WASHERS, NUTS, FASTENERS 44.56 SUPPLIES 30.09 SUPPLIES 18.47 FASTENERS 2.25 CUSTOM SAWDUST LLC NOVEMBER BUILDING RENTAL 3,650.00 MACQUEEN EQUIPMENT, INC. HOSES 207.62 TERRYS HARDWARE, INC. ACCESS FITTING 3.79 ULTRA OIL 21.95_ TOTAL: 9,652.08 PUBLIC WORKS STR. LIGH GENERAL CENTURY LINK LEVEE PARK BROADBAND 142.91_ TOTAL: 142.91 VIII-01 11-05-2021 01:00 PM Council Report NOV 9TH PYMTS, 2021 PAGE: 2 DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_ PARKS & RECREATION GENERAL GREEN ACRES TREE MOVING TREES AT JAYCE PARK 1,000.00_ TOTAL: 1,000.00 PARKS & RECREATION PARKS VALLEY WELDING & MACHINE SIGN WELDING 220.00 CENTURY LINK PHONES 222.68 HOMETOWN ACE HARDWARE RUBBER GLOVES 7.43 AIR FILTER FOR LEVEE 35.32 TRAILER REPAIR PRODUCTS 37.18 SPIN CITY LAUNDROMAT, LLC. TABLE CLOTHES 10.00 NAPA AUTO PARTS SENSOR FOR DUMP TRUCK 15.26 ACE TRAILER SALES TRAILER REPAIR 3,090.85 GERLACH OUTDOOR POWER EQUIP AIR FILTER FOR PUMP 47.40 MN RECREATION /PARK ASSOC MRPA CONFERENCE - JENKINS 250.00 NINE EAGLES PROMOTIONS TESSIER - CLOTHING 250.00 TERRYS HARDWARE, INC. MISC SUPPLIES 24.76 SHOP SUPPLIES 20.16_ TOTAL: 4,231.04 PARKS & RECREATION AQUATIC CENTER CENTURY LINK PHONES 159.20_ TOTAL: 159.20 CABLE CABLE ACCESS HASTINGS ACCESS CORP. Q3 2021 ACCESS SUPPORT 89,309.32_ TOTAL: 89,309.32 HERITAGE PRESERVATION HERITAGE PRESERVAT CENTURY LINK PHONES 8.06_ TOTAL: 8.06 FIRE FIRE & AMBULANCE IMAGE TREND, INC. MONTHLY FEE 675.00 MONTHLY HOSTING FEE 273.19 CENTURY LINK PHONES 398.01 ROLLNRACK LLC F PLUG FOR ROLL N RACK 24.00 MN FIRE SERVICE CERT.BRD FAO CERT EXAM - USSATIS 145.00 NORTHERN SAFETY TECHNOLOGY EMERGENCY LIGHTS-STAFF VEH 658.88 TERRYS HARDWARE, INC. ITEMS FOR TENDOR #1 31.24 WRENCH FOR ENG. #4 46.99 ZEP MANUFACTURING CO. CLEANING SUPPLIES 273.30_ TOTAL: 2,525.61 AMBULANCE FIRE & AMBULANCE BOUND TREE MEDICAL LLC MEDICAL SUPPLIES 694.66 MEDICAL SUPPLIES 9.12 MEDICAL SUPPLIES 35.75 MEDICAL SUPPLIES 35.75 MEDICAL SUPPLIES 181.30 LINDE GAS & EQUIPMENT INC. OXYGEN 1,113.05_ TOTAL: 2,069.63 INVALID DEPARTMENT 2021 IMPROVEMENTS WSB & ASSOCIATES INC 2021-1 CONSTRUCTION INSPEC 6,900.75_ TOTAL: 6,900.75 DEBT 2020A GO DEBT U.S. BANK 2020A FISCAL AGENT FEE 500.00_ TOTAL: 500.00 NON-DEPARTMENTAL WATER MISCELLANEOUS V ANDERSON, KAREN 03-217000-02 117.21 HUSMAN WOODFORD, MAR 09-047560-03 47.46 CHAPMAN, ANGELA 10-296000-03 28.77 SPAGNOLETTI, JOSEPH 10-411000-01 36.37 VIII-01 11-05-2021 01:00 PM Council Report NOV 9TH PYMTS, 2021 PAGE: 3 DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_ GITZEN, KIMBERLY 13-740000-03 28.60 SEEGER, EMMA 14-223000-02 108.39 WASVICK, BRADY 16-515000-02 87.14 MCNAMARA, PATRICIA 16-633200-02 35.72 LLAMAS, AMANDA 17-626000-05 61.27 OBRIEN, MICHAEL 29-719000-05 241.05_ TOTAL: 791.98 PUBLIC WORKS WATER IN CONTROL, INC. ENGINEERING SERVICES 219.00 CENTURY LINK PHONES 129.46 HOMETOWN ACE HARDWARE FASTENERS 17.23 COVERS 2.78 COVER CREDIT 2.78- THERMOSTAT 21.38 ADVANCED ENGINEERING & ENVIRONMENTAL S AWIA RRA / ERP 1,148.75 GRAPHIC DESIGN UTILITY BILLING STMTS 276.34 UTILITY BILLING STMTS 1,290.83 NINE EAGLES PROMOTIONS KIEFFER - CLOTHING 390.00 JOSH SIRINEK - CLOTHING 100.00 NORTHWESTERN POWER EQUIPMENT CO REPAIR KITS, IDICATOR, INS 5,820.96 TERRYS HARDWARE, INC. PRESSURE GUAGE 7.79 VALLEY SALES OF HASTINGS CAP 7.81_ TOTAL: 9,429.55 PUBLIC WORKS WASTEWATER GRAPHIC DESIGN UTILITY BILLING STMTS 276.33_ TOTAL: 276.33 PUBLIC WORKS STORM WATER UTILIT CEMSTONE PRODUCTS CO. CONCRETE 135.50 GRAPHIC DESIGN UTILITY BILLING STMTS 276.33_ TOTAL: 411.83 PARKS & RECREATION ARENA WATSON COMPANY CONCESSION SUPPLIES 34.97 CONCESSION SUPPLIES 714.37 HUEBSCH LAUNDRY CO. ENTRY TUG SERVICE 35.28 CENTURY LINK PHONES 71.55 ZAMBONI COMPANY USA, INC ZAMBONI ICE RESURFACER 136,157.05 R & R SPECIALTIES, INC. ICE PAINT & LABOR 2,056.25 TERRYS HARDWARE, INC. HARDWARE 13.20 HANGER FOR CORDS 4.79 HARDWARE 2.10_ TOTAL: 139,089.56 PUBLIC WORKS HYDRO ELECTRIC HOMETOWN ACE HARDWARE SUPPLIES 103.17_ TOTAL: 103.17 MISCELLANEOUS INSURANCE FUND LEAGUE OF MN CITIES INS TRST CLAIM 66.61_ TOTAL: 66.61 NON-DEPARTMENTAL ESCROW - DEV/ENG/T WSB & ASSOCIATES INC HBC ROW INSPECTION SERVICE 487.50 HERITAGE RIDGE 2ND ADDN IN 813.25 KLM ENGINEERING, INC. ANTENNA DRAWING REVIEW 1,500.00_ TOTAL: 2,800.75 VIII-01 11-05-2021 01:00 PM Council Report NOV 9TH PYMTS, 2021 PAGE: 4 DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_ =============== FUND TOTALS ================ 101 GENERAL 17,644.22 200 PARKS 4,231.04 201 AQUATIC CENTER 159.20 206 CABLE ACCESS 89,309.32 210 HERITAGE PRESERVATION 8.06 213 FIRE & AMBULANCE 4,595.24 481 2021 IMPROVEMENTS 6,900.75 580 2020A GO DEBT 500.00 600 WATER 10,221.53 601 WASTEWATER 276.33 603 STORM WATER UTILITY 411.83 615 ARENA 139,089.56 620 HYDRO ELECTRIC 103.17 705 INSURANCE FUND 66.61 807 ESCROW - DEV/ENG/TIF-HRA 2,800.75 -------------------------------------------- GRAND TOTAL: 276,317.61 -------------------------------------------- TOTAL PAGES: 4 VIII-01 11-10-2021 09:27 AM Council Report NOV 16TH PYMTS, 2021 PAGE: 1 DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_ FIRE FIRE & AMBULANCE CITYGATE ASSOCIATES, LLC DOWN PAYMENT FD STUDY 737.63_ TOTAL: 737.63 =============== FUND TOTALS ================ 213 FIRE & AMBULANCE 737.63 -------------------------------------------- GRAND TOTAL: 737.63 -------------------------------------------- TOTAL PAGES: 1 VIII-01 11-10-2021 08:49 AM Council Report NOV 16TH PYMTS, 2021 PAGE: 1 DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_ NON-DEPARTMENTAL GENERAL METROPOLITAN COUNCIL ENVIRONMENTAL SER OCT 21 SAC 12,300.75_ TOTAL: 12,300.75 ADMINISTRATION GENERAL INNOVATIVE OFFICE SOLUTIONS, LLC OFFICE SUPPLIES 34.67_ TOTAL: 34.67 FACILITY MANAGEMENT GENERAL TOTAL FILTRATION SERVICES INC PD 523.42_ TOTAL: 523.42 I.T. GENERAL PARAGON DEVELOPMENT SYSTEMS INC CATALYST SERVER 14,163.00 CATALYST SERVER AND SWITCH 3,727.18 CATALYST SERVER AND SWITCH 1,367.07_ TOTAL: 19,257.25 POLICE GENERAL SCHOWALTER, BRYAN SCHOWALTER - PER DIEM 140.50 DAKOTA COMMUNICATIONS CENTER DCC FEE DEC 2021 28,008.00 DCC FEE DEC 2021 946.00- LOGIS/LOCAL GOVERNMENT INFORMATION SYS APPL/MDC POLICE & FIRE 3,119.00 TRANSLANGUAGES LLC INTERPRETER SERVICES 180.00 THE BPAD GROUP, INC. BPAD TESTING 120.00 BRYAN SCHAFER SCHAFER - PER DIEM 188.11 SHRED RIGHT SHREDDING 15.00 DAVID WILSKE WILSKE - PER DIEM 140.50 RIVER BLUFF HUMANE SOCIETY ANIMAL CONTROL 724.25 GUARDIAN TRACKING, LLC GUARDIAN TRACKER 2,086.00 LYNN LEMBCKE CONSULTING BWC AUDIT 1,250.00 GUARDIAN SUPPLY LLC COMMANDER UNIFORM ALLOWANC 219.28 HARRITY - UNIFORMS 52.99 PATRICK DIEDRICH DIEDRICH - PER DIEM 74.01 DAKOTA ELECTRIC ASSN ELECTRIC 18.13 JOHNSON FITNESS & WELLNESS FITNESS ROWER 950.00_ TOTAL: 36,339.77 PUBLIC WORKS GENERAL FOCUS ENGINEERING, INC. MONTHLY RETAINER +ADD HOUR 8,573.06 FLEET FARM 113.00_ TOTAL: 8,686.06 PUBLIC WORKS STREETS GENERAL RCM SPECIALTIES, INC. RUBBER HOSE 737.52 FOCUS ENGINEERING, INC. MONTHLY RETAINER +ADD HOUR 3,810.25 HOMETOWN ACE HARDWARE CONCRETE SEALER, ASPHALT F 38.64_ TOTAL: 4,586.41 PUBLIC WORKS STR. LIGH GENERAL DAKOTA ELECTRIC ASSN ELECTRIC 2,749.95_ TOTAL: 2,749.95 PARKS & RECREATION PARKS INNOVATIVE OFFICE SOLUTIONS, LLC OFFICE SUPPLIES, PARKS 60.33 COPY PAPER 40.98 BRADY ENDRES ENDRES - CLOTHING 249.96 GORDY'S GLASS, INC. GLASS CLEANER CASE 56.56 NIEBUR TRACTOR & EQUIPMENT, INC. FAN & JOINT 517.36 THE TREE HOUSE EROSION CONTROL 133.46 BLACK DIRT 67.00 BLACK DIRT 50.20_ TOTAL: 1,175.85 FIRE FIRE & AMBULANCE DAKOTA COMMUNICATIONS CENTER DCC FEE DEC 2021 14,004.00 VIII-01 11-10-2021 08:49 AM Council Report NOV 16TH PYMTS, 2021 PAGE: 2 DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_ DCC FEE DEC 2021 946.00- LOGIS/LOCAL GOVERNMENT INFORMATION SYS APPL/MDC POLICE & FIRE 305.00 HEIMAN FIRE EQUIPMENT INC NAPPER- FF BOOT 357.50 KUSSMAUL ELECTRONICS CO INC AIR EJECT, RESCUE 1 318.71 ZEP MANUFACTURING CO. CLEANING SUPPLIES 116.26_ TOTAL: 14,155.47 AMBULANCE FIRE & AMBULANCE McKESSON MEDICAL-SURGICAL GOV. SOLUTIO MEDICAL SUPPLIES 225.82 MISCELLANEOUS V RONALD KORNECK RONALD KORNECK : AMB REFUN 2,239.20 LINDE GAS & EQUIPMENT INC. OXYGEN 263.66 OXYGEN 167.42_ TOTAL: 2,896.10 POLICE-DUI ENFORCEMENT DUI ENFORCEMENT/EQ CAMPBELL KNUTSON, P.A. CASE 21-000531 FORFEITURE 482.75_ TOTAL: 482.75 PARKS & RECREATION PARKS CAPITAL PROJ ISG LAKE ISABEL DESIGN & ENG 4,814.00 BITUMINOUS ROADWAYS INC. 2021 TRAIL RECONSTRUCTION 134,633.00_ TOTAL: 139,447.00 INVALID DEPARTMENT 2021 IMPROVEMENTS MCNAMARA CONTRACTING INC 2021-1 PAY EST 6 290,359.42_ TOTAL: 290,359.42 DEBT 2010 GO Improvemen COMPUTERSHARE TRUST CO. 2010B FISCAL AGENT FEE 375.00_ TOTAL: 375.00 DEBT 2013 GO IMPROVEMEN COMPUTERSHARE TRUST CO. 2013B FISCAL AGENT 750.00_ TOTAL: 750.00 Debt Service 2016 GENERAL OBLIG GOVERNMENT CAPITAL SECURITIES CORP 2016B ARBITRAGE 7,400.00_ TOTAL: 7,400.00 PUBLIC WORKS WATER HAWKINS INC CHLORINE CYLINDER 10.00 FOCUS ENGINEERING, INC. MONTHLY RETAINER +ADD HOUR 2,857.69 ALEX KIEFFER KIEFFER - BOOTS 200.00 DAKOTA ELECTRIC ASSN ELECTRIC 54.57 MCNAMARA WILLIAM MCNAMARA- RURAL WATER 150.00_ TOTAL: 3,272.26 PUBLIC WORKS WASTEWATER FOCUS ENGINEERING, INC. MONTHLY RETAINER +ADD HOUR 2,857.69 DAKOTA ELECTRIC ASSN ELECTRIC 108.41 ELECTRIC 56.79_ TOTAL: 3,022.89 PUBLIC WORKS STORM WATER UTILIT FOCUS ENGINEERING, INC. MONTHLY RETAINER +ADD HOUR 952.56_ TOTAL: 952.56 PARKS & RECREATION ARENA O'REILLY AUTOMOTIVE MOTOR OIL 35.94 DALCO CLEANING SUPPLIES 891.73 FARMER BROS CO. ARENA CONCESSIONS 998.06 R & R SPECIALTIES, INC. BLADE SHARPENING 110.00 BLADE BOLTS 50.50 SYSCO, MINNESOTA CONCESSION SUPPLIES 694.07 TERRYS HARDWARE, INC. SOAP, WAX, SURGE PROTECTOR 43.25_ TOTAL: 2,823.55 VIII-01 11-10-2021 08:49 AM Council Report NOV 16TH PYMTS, 2021 PAGE: 3 DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_ NON-DEPARTMENTAL ESCROW - DEV/ENG/T FOCUS ENGINEERING, INC. SOUTH OAKS 4TH ADD 226.00 HERITAGE RIDGE DEV 56.50 VILLAS AT PLEASANT 310.75 HERITAGE RIDGE 2ND 762.75 VERMILLION ACRES 395.50 WALLIN 19TH 113.00 QUALITY ONE WOODWORKING 56.50_ TOTAL: 1,921.00 =============== FUND TOTALS ================ 101 GENERAL 84,478.28 200 PARKS 1,175.85 213 FIRE & AMBULANCE 17,051.57 222 DUI ENFORCEMENT/EQUIP S.R 482.75 401 PARKS CAPITAL PROJECTS 139,447.00 481 2021 IMPROVEMENTS 290,359.42 570 2010 GO Improvement Bonds 375.00 573 2013 GO IMPROVEMENT BONDS 750.00 576 2016 GENERAL OBLIGATION 7,400.00 600 WATER 3,272.26 601 WASTEWATER 3,022.89 603 STORM WATER UTILITY 952.56 615 ARENA 2,823.55 807 ESCROW - DEV/ENG/TIF-HRA 1,921.00 -------------------------------------------- GRAND TOTAL: 553,512.13 -------------------------------------------- TOTAL PAGES: 3 VIII-01 City Council Memorandum To: Mayor Fasbender & City Councilmembers From: Erica Henderson Date: November 15, 2021 Item: Massage Therapist and Establishment Licenses for Amanda Kaeding, Traveling Hands Massage LLC Council Action Requested: Approve the attached resolution approving a Massage Therapist License for Amanda Kaeding and a Massage Establishment License for Traveling Hands Massage LLC. Background Information: Amanda Kaeding, massage therapist and owner of Traveling Hands Massage LLC completed the necessary paperwork for Massage Therapist and Massage Establishment Licenses and has passed the Hastings Police Department background check. Traveling Hands Massage LLC is active and in good standing with the Office of the Minnesota Secretary of State. The establishment will be located inside Unlimited Chiropractic, 220 Sibley Street, Suite 110. Notification was mailed to property owners, businesses and residents within 350 feet of the location. As to date, no comments have been received. Approval and issuance of the Massage Establishment license is contingent upon the establishment passing the Fire Marshal’s inspection. Financial Impact: All associated fees have been paid. Advisory Commission Discussion: N/A Council Committee Discussion: N/A Attachments: • Resolution VIII-02 CITY OF HASTINGS DAKOTA COUNTY, MINNESOTA RESOLUTION 11 - - 21 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS APPROVING MASSAGE THERAPY & ESTABLISHMENT LICENSES FOR AMANDA KAEDING, TRAVELING HANDS MASSAGE LLC WHEREAS, Amanda Kaeding has made application for a massage therapy license; and WHEREAS, Ms. Kaeding has made application for a massage establishment license, Traveling Hands Massage LLC to operate at Unlimited Chiropractic, 220 Sibley Street, Suite 110; and WHEREAS, Ms. Kaeding has successfully passed the Hastings Police Department background check; and WHEREAS, approval and issuance of the Massage Establishment license is contingent upon the establishment passing the Fire Marshal’s inspection. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Hastings that Amanda Kaeding be licensed as a massage therapist for the licensing period ending December 31, 2021, unless revoked by City Council; and NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Hastings that Traveling Hands Massage LLC be a licensed massage establishment for the licensing period ending December 31, 2022, unless revoked by City Council. ADOPTED BY THE CITY COUNCIL OF HASTINGS, MINNESOTA THIS 15th DAY OF NOVEMBER 2021. Mary D. Fasbender, Mayor ATTEST: Kelly Murtaugh, Clerk VIII-02 City Council Memorandum To: Mayor Fasbender & City Council Members From: Paige Marschall Bigler, Recreation Programming Specialist (City Recycling Coordinator) Date: November 15, 2021 Item: Dakota County Community Waste Abatement Grant Program Council Action Requested: It is recommended that the City Council authorize the submittal of the 2022 Dakota County Community Waste Abatement Grant Program Application. Background Information: Each year the City receives funding from Dakota County to assist with the promotion, activities and administration of the Community Waste Abatement Grant Program, formerly known as the Community Funding Grant and JPA. Currently, the administration of this program rests with the Parks and Recreation Department. Financial Impact: The expected grant dollars for reimbursement is $32,898.40 in 2022. Dakota County re-formatted the grant in 2019-2020 and no longer provides the funding to cities upfront; instead Dakota County will require two reports and reimbursement requests in July 2022 and January 2023. Advisory Commission Discussion: N/A Council Committee Discussion: N/A Attachments: • 2022 Community Waste Abatement Grant Agreement • 2022 Community Waste Abatement Grant Program Guidelines • 2022 Community Waste Abatement Grant Program Application • 2022 Insurance Terms VIII-03 Dakota County Contract #C0034609 2022 Grant Agreement Page | 1 of 5 COMMUNITY WASTE ABATEMENT 2022 GRANT AGREEMENT This Community Waste Abatement Grant Agreement (Agreement) is made and entered into by and between the County of Dakota, acting through its Environmental Resources Department (County) and City of Hastings (Grantee). WHEREAS, Metropolitan counties are responsible for waste management policy and programs (Minn. Stat. §115A.551); and WHEREAS, Dakota County Solid Waste Ordinance 110 requires each municipality in the County to have a solid waste abatement program that is consistent with the Dakota County Solid Waste Master Plan (Master Plan); and WHEREAS; the Dakota County Solid Waste Master Plan (Master Plan) governs all solid waste management in the County (Minn. Stat. § 115A.46); and WHEREAS, municipalities may not develop or implement a solid waste management activity that is inconsistent with the Master Plan (Minn. Stat. § 115A.46); and WHEREAS, the Master Plan supports performance-based funding for municipalities to develop and implement waste abatement programs, education, and outreach; and WHEREAS, by Resolution No. 19-577 (June 18, 2019), the Dakota County Board of Commissioners approved the Community Waste Abatement Grant Program; and WHEREAS, funding amounts are established by the County Board each year as part of the Environmental Resources Department (Department) budget; and WHEREAS, the Grantee agrees to perform all activities described in this Agreement and Dakota County Waste Abatement Community Grant Program Exhibits 1 (Guidelines) and 2 (Application) (collectively referred to as the “Exhibits”) to the satisfaction of the County. NOW THEREFORE, in reliance on the above statements and in consideration of the mutual promises and covenants contained in this Agreement, the County and the Grantee agree as follows: AGREEMENT 1. PURPOSE. The purpose of this Agreement is to provide grant funding to eligible municipalities to implement solid waste abatement activities as described in this Agreement and the Exhibits. 2. ELIGIBILITY. Eligible municipalities include Apple Valley, Burnsville, Eagan, Farmington, Hastings, Inver Grove Heights, Lakeville, Lilydale, Mendota, Mendota Heights, Rosemount, South St. Paul, Sunfish Lake and West St. Paul. 3. PARTIES. The parties to this Agreement are the County and Grantee, collectively referred to as the “parties”. 4. TERM. Notwithstanding the dates of signatures of the parties to this Agreement, this Agreement shall commence on January 1, 2022, through December 31, 2022, (grant calendar year) to complete activities identified in Exhibit 2 and shall continue until April 1, 2023, for reimbursement, unless earlier terminated by law or according to the provisions of this Agreement. 5. GRANTEE OBLIGATIONS. The Grantee shall: A. Develop, implement, and operate a local comprehensive landfill abatement program that complies with the Master Plan, Dakota County Solid Waste Ordinance 110, this Agreement, and the Exhibits. B. Fulfill all responsibilities for Base and, if applicable, for Supplemental Funding as outlined in Exhibit 1. C. Report time, expense, and performance pursuant to responsibilities set forth in this Agreement using County report forms (Exhibit 2) and additional agreed-upon reporting tools provided by the County Liaison. 6. ELIGIBLE AND INELIGIBLE EXPENSES. Grantee may use allocated funds only on eligible items as identified in Exhibit 1 and completed within the calendar year of this Agreement. Other waste abatement expenses may be eligible with prior written approval from the County Liaison. VIII-03 Dakota County Contract #C0034609 2022 Grant Agreement Page | 2 of 5 7. FUNDING AMOUNT. Grantees receive performance-based funding in part from a pass-through grant from the State. Funding amounts are contingent upon available State and County funds and reflect the funding levels approved by the County Board as part of the annual budget. Base Funding is allocated for administration, residential communications, municipal facilities best management verification and employee education, and special collections. Optional Supplemental Funding is allocated for multifamily recycling, additional special collections or reduce/reuse activities, in-person education, event recycling/organics, and to meet funding gaps in eligible grant categories. The allocated funding for the Grantee, or the fiscal agent of a legal entity acting on its behalf, shall be in the total amount not to exceed $32,898.40, as set forth in Exhibit 2. 8. FUNDING MATCH. Grantees shall provide a 25% match of the total reimbursed grant funding amount through a cash match, in-kind contribution, or combination thereof, to pay for any new or ongoing activities that are instituted by the grant (i.e., any eligible expenses, whether new or ongoing). 9. FUNDING SOURCE ACKNOWLEDGEMENT. Provide funding source credit on all print materials, written as: Partially funded by Dakota County and the Minnesota Pollution Control Agency. 10. RECORDS. The Grantee shall maintain financial and other records and accounts in accordance with requirements of the County and the State of Minnesota. The Grantee shall manage funds in a dedicated bank account, maintain strict accountability of all funds and maintain records of all receipts and disbursements. Such records and accounts shall be maintained in a form which will permit the tracing of funds and program income to final expenditure. All records and accounts shall be retained as provided by law, but in no event for a period of less than five years from the last receipt of payment from the County pursuant to this Agreement. 11. PERFORMANCE REPORTING AND REIMBURSEMENT. Grantees shall report performance of responsibilities set forth in this Agreement and the Exhibits on a report form provided by the County. Grantees may request reimbursement for eligible expenses, less revenues or other funds received, incurred in connection with the performance of activities in accordance with this Agreement and the Exhibits on a reimbursement form provided by the County. Reimbursement requests must be submitted to the County Liaison by July 15 of the grant calendar year and by January 15 following the grant calendar year. The Grantee must certify that the requested reimbursements are accurate, appropriate and eligible in accordance with this Agreement, that the Grantee has submitted complete documentation of the actual expenditures for which reimbursement is sought, and that such expenditures have not been otherwise reimbursed. Reimbursement requests must be supported by documentation such as vendor invoices, receipts, or detailed financial reports produced using municipal accounting software, itemizing all expenses related to the grant, including salary and benefits. Any reimbursement request for multiple municipalities must separately itemize the request for reimbursement for each individual municipality. Reimbursement request payment will not be made for activities with incomplete documentation. Complete reimbursement requests are reviewed by the County Liaison. Payment for approved reimbursement requests will be made to the Grantee within 30 calendar days of approved reimbursement request submissions. Reimbursements will be made for approved expenditures incurred within the grant calendar year. No reimbursements will be made for reimbursement requests received after February 15 following the grant calendar year. 12. FAILURE TO PERFORM. Upon review of each Grantee report, the County Liaison will notify the Grantee in writing of any unsatisfactory performance. Reimbursements will be authorized only for activities performed to the satisfaction of the County within the terms of this Agreement. 13. AMENDMENTS. The Dakota County Environmental Resources Director (Director) shall have the authority to approve modifications to the Funding Amount as requested by the Grantee, as long as the amount payable does not exceed the amount allocated in Section 7 and so long as the proposed modifications are consistent with the Agreement and Exhibits. The County Liaison shall have the authority to approve modifications to the Application activities and related expenses within a funding category as requested by the Grantee, so long as the proposed modifications are consistent with the Agreement and Exhibits. 14. PROPERTY. Upon termination of this Agreement or unless otherwise specified, any eligible infrastructure purchased by the Grantee or by the County and provided to the Grantee to fulfill Grant obligations shall be the sole property of the Grantee. VIII-03 Dakota County Contract #C0034609 2022 Grant Agreement Page | 3 of 5 15. INDEMNIFICATION. Each party to this Agreement shall be liable for the acts of its officers, employees or agents and the results thereof to the extent authorized by law and shall not be responsible for the acts of the other party, its officers, employees or agents. The provisions of the Municipal Tort Claims Act, Minn. Stat. Ch. 466 and other applicable laws govern liability of the County and Grantee. The provisions of this section shall survive the expiration or termination of this Agreement. 16. AUTHORIZED REPRESENTATIVES: The following named persons are designated as the Authorized Representatives of the Parties for purposes of this Agreement. These persons have authority to bind the party they represent and to consent to modifications, except that the Authorized Representatives shall have only the authority specifically granted by their respective governing boards. The parties shall provide written notification to each other of any change to the Authorized Representative. Notice required to be provided pursuant this Agreement shall be provided to the following named persons and addresses unless otherwise stated in this Agreement, or in a modification of this Agreement. TO THE COUNTY TO THE GRANTEE Georg T. Fischer, Director, or successor Mary Fasbender, or successor Environmental Resources Department Mayor 14955 Galaxie Avenue Apple Valley, MN 55124 920 10th Street West Hastings, MN 55033 17. LIAISONS. To assist the parties in the day-to-day performance of this Agreement, to ensure compliance, and provide ongoing consultation, a liaison shall be designated by the County and the Grantee. The County and the Grantee shall keep each other continually informed, in writing, of any change in the designated liaison. At the time of execution of this Agreement, the following persons are the designated liaisons: COUNTY LIAISON GRANTEE LIAISON Gena Gerard Paige Marschall Bigler Environmental Specialist Recreation Program Specialist 952-891-7021 651-480-2365 gena.gerard@co.dakota.mn.us pmarschall@hastingsmn.gov 18. TERMINATION, GENERAL. Either party may terminate this Agreement for cause by giving seven days’ written notice or without cause by giving thirty (30) days’ written notice, of its intent to terminate, to the other party. Such notice to terminate for cause shall specify the circumstances warranting termination of the Agreement. Cause shall mean a material breach of this Agreement and any supplemental agreements or amendments thereto. Notice of Termination shall be made by certified mail or personal delivery to the Authorized Representative of the other party. In addition, notification to the County or the Grantee regarding termination of this Agreement by the other party shall be provided to the Office of the Dakota County Attorney, Civil Division, 1560 Highway 55, Hastings, MN 55033. Termination of this Agreement shall not discharge any liability, responsibility or right of any party, which arises from the performance of or failure to adequately perform the terms of this Agreement prior to the effective date of termination. 19. TERMINATION BY COUNTY FOR LACK OF FUNDING. Notwithstanding any provision of this Agreement to the contrary, the County may immediately terminate this Agreement if it does not obtain funding from the Minnesota Legislature, Minnesota Agencies, or other funding source, or if its funding cannot be continued at a level sufficient to allow payment of the amounts due under this Agreement. Written notice of termination sent by the County to the Grantee by email or facsimile is sufficient notice under this section. The County is not obligated to pay for any services that are provided after written notice of termination for lack of funding. The County will not be assessed any penalty or damages if the Agreement is terminated due to lack of funding. 20. USE OF CONTRACTORS. The Grantee may engage contractors to perform activities funded pursuant to this Agreement. However, the Grantee retains primary responsibility to the County for performance of the activities and the use of such contractors does not relieve the Grantee from any of its obligations under this Agreement. If the Grantee engages any contractors to perform any part of the activities, the Grantee agrees that the contract for such services shall include the following provisions: VIII-03 Dakota County Contract #C0034609 2022 Grant Agreement Page | 4 of 5 A. The contractor must maintain all records and provide all reporting as required by this Agreement. B. The contractor must defend, indemnify, and hold harmless and save the County from all claims, suits, demands, damages, judgments, costs, interest, and expenses arising out of or by reason of the performance of the contracted work, caused in whole or in part by any negligent act or omission of the contractor, including negligent acts or omissions of its employees, subcontractors, or anyone for whose acts any of them may be liable. C. The contractor must provide and maintain insurance through the term of this Agreement in amounts and types of coverage as set forth in the Insurance Terms, which is attached and incorporated as Exhibit 3, and provide to the County, prior to commencement of the contracted work, a certificate of insurance evidencing such insurance coverage. D. The contractor must be an independent contractor for the purposes of completing the contracted work. E. The contractor must acknowledge that the contract between the Grantee and the contractor does not create any contractual relationship between County and the contractor. F. The contractor shall perform and complete the activities in full compliance with this Agreement and all applicable laws, statutes, rules, ordinances, and regulations issued by any federal, state, or local political subdivisions having jurisdiction over the activities. G. The contractor must use County toolkits (i.e., text, content, images) and follow the County’s Waste Abatement Education and Outreach Style Guide to provide standardized messaging. 21. COMPLIANCE WITH LAWS/STANDARDS. The County and Grantee agree to abide by all federal, state or local laws, statutes, ordinances, rules and regulations now in effect or hereafter adopted pertaining to this Agreement or to the facilities, programs and staff for which either party is responsible, including but not limited to Minn. Stat. § 115A, which requires cities to collect recyclable materials at all facilities under their control, wherever trash is collected, and to transfer the recyclable materials to a recycler. 22. EXCUSED DEFAULT – FORCE MAJEURE. Neither party shall be liable to the other party for any loss or damage resulting from a delay or failure to perform due to unforeseeable acts or events outside the defaulting party's reasonable control, providing the defaulting party gives notice to the other party as soon as possible. Acts and events may include acts of God, acts of terrorism, war, fire, flood, epidemic, acts of civil or military authority, and natural disasters. 23. CONTRACT RIGHTS CUMULATIVE NOT EXCLUSIVE. A. In General. All remedies available to either party for breach of this Agreement are cumulative and may be exercised concurrently or separately, and the exercise of any one remedy shall not be deemed an election of such remedy to the exclusion of other remedies. The rights and remedies provided in this Agreement are not exclusive and are in addition to any other rights and remedies provided by law. B. Waiver. Any waiver is only valid when reduced to writing, specifically identified as a waiver, and signed by the waiving party’s Authorized Representative. A waiver is not an amendment to the Contract. The County’s failure to enforce any provision of this Contract does not waive the provision or the County’s right to enforce it. 24. RECORDS RETENTION AND AUDITS. Each party’s bonds, records, documents, papers, accounting procedures and practices, and other records relevant to this Agreement are subject to the examination, duplication, transcription and audit by the other party, the Legislative Auditor or State Auditor under Minn. Stat. § 16C.05, subd. 5. If any funds provided under this Agreement use federal funds these records are also subject to review by the Comptroller General of the United States and his or her approved representative. Following termination of this Agreement, the parties must keep these records for at least six years or longer if any audit-in-progress needs a longer retention time. 25. MODIFICATIONS. Any alterations, variations, modifications, or waivers of the provisions of this Agreement shall only be valid when they have been reduced to writing and signed by the authorized representatives of the County and Grantee. 26. ASSIGNMENT. Neither party may assign any of its rights under this Agreement without the prior written consent of the other party. Consent under this section may be subject to conditions. VIII-03 Dakota County Contract #C0034609 2022 Grant Agreement Page | 5 of 5 27. GOVERNMENT DATA PRACTICES. For purposes of this Agreement, all data on individuals collected, created, received, maintained or disseminated shall be administered consistent with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13. 28. MINNESOTA LAW TO GOVERN. This Agreement shall be governed by and construed in accordance with the substantive and procedural laws of the State of Minnesota, without giving effect to the principles of conflict of laws. All proceedings related to this Agreement shall be venued in Dakota County, Minnesota or U.S. District Court, District of Minnesota. The provisions of this section shall survive the expiration or termination of this Agreement. 29. MERGER. This Agreement is the final expression of the agreement of the parties and the complete and exclusive statement of the terms agreed upon and shall supersede all prior negotiations, understandings, or agreements. There are no representations, warranties, or provisions, either oral or written, not contained herein. 30. SEVERABILITY. The provisions of this Agreement shall be deemed severable. If any part of this Agreement is rendered void, invalid, or unenforceable, such rendering shall not affect the validity and enforceability of the remainder of this Agreement unless the part or parts that are void, invalid or otherwise unenforceable shall substantially impair the value of the entire Agreement with respect to either party. 31. ELECTRONIC SIGNATURES. Each party agrees that the electronic signatures of the parties included in this Contract are intended to authenticate this writing and to have the same force and effect as wet ink signatures. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date(s) indicated below. FOR DAKOTA COUNTY (I represent and warrant that I am authorized to execute this contract on behalf of Dakota County.) By: _____________________________________ Georg T. Fischer, Director Environmental Resources Department Date of signature:__________________________ APPROVED AS TO FORM: /s/ Helen R. Brosnahan 11/2/21 Assistant County Attorney/Date KS-21-293.002 Dakota County Contract #C0034609 County Board Res. No. 19-577 FOR THE GRANTEE (I represent and warrant that I am authorized by law to execute this contract and legally bind the Grantee.) By: _____________________________________ Signature line Printed Name:_______________________ Title: ______________________________ Telephone:_________________________ Date of signature:_______________________ Attest: ________________________ Title: ______________________________ Date: ______________________________ VIII-03 Dakota County Community Waste Abatement Grant Program 2022 Guidelines I. Grant Overview A. Municipalities in Dakota County have responsibilities to establish and maintain comprehensive local waste abatement programs. Dakota County provides educational, financial, and technical assistance to municipal governments to aid local waste abatement programs. The Dakota County Community Waste Abatement Grant Program (Program) assists municipalities with waste abatement expenses. II. Grant Eligibility A. Dakota County municipalities are eligible for the Program, excluding Dakota County townships and the cities of Coates, Hampton, Miesville, New Trier, Randolph and Vermillion. B. Municipalities with fewer than 1,000 households are eligible for limited funding in specific categories. C. To be eligible for Municipal Facilities Verification and Education funding, municipality must have at least one municipal facility to verify or at least one employee to educate, other than the municipal Liaison. D. To be eligible for Multifamily Recycling funding, municipality must have multifamily housing. E. To be eligible for Reduce/Reuse funding, municipality must have best waste management practices in place at all municipal/park facilities. III. Grant Funding Allocation and Match A. Funding amounts are determined annually by the County Board of Commissioners. B. Base Funding: Base Funding is allocated for required grant activities, including administration, residential communications, municipal facilities/parks verification and employee education, and special collections. C. Supplemental Funding: Optional Supplemental Funding is allocated for multifamily recycling, additional special collections, reduce/reuse activities, in-person education, event recycling, and gap funding. D. Matching Funds: Cities must provide a 25% match of the total reimbursed grant funding amount (Base Funding plus Supplemental Funding) through a cash match, in-kind contribution, or combination thereof, to pay for any activities that are instituted by the grant (i.e., any eligible expenses, whether new or ongoing). Any expenses that are not listed in the Guidelines as Eligible Expenses are ineligible for matching funds unless pre-approved by the County Liaison. E. Fund Eligibility Limits and Flexibility: a fund allocation maximum is set for each Base and Supplemental Funding grant category to align funding levels with Master Plan priorities, diversion potential, and other criteria, as defined in the Fund Allocation document. Fund allocations may be adjusted across grant categories, up to 10%, while not exceeding the total fund allocation for a given year, with prior written approval from the County Liaison. Dakota County Contract #C0034609 Exhibit 1 - Page 1 of 10 VIII-03 IV.Grant Application Instructions A.Complete all pages of the Application, excluding shaded areas for reporting. B.If multiple municipalities submit one Application, the Application must itemize descriptions, costs, and funding requests for each municipality. Insert additional rows as needed. C.Submit Application by October 1, 2021 to Dakota County for review. Email to: gena.gerard@co.dakota.mn.us. D.Finalize Application and collect signature of authorized representative (i.e., authorized contract signatory). E.Submit signed Application to Dakota County for approval. Email to: gena.gerard@co.dakota.mn.us. F.Obtain Grant Agreement from Dakota County. G.Execute Grant Agreement. H.Complete all shaded areas for the mid-year and final reports as described in Guidelines Section VII. V.Funding Requests Part 1: Base Funding Request (Required) 1.Grant Administration Minimum Grant Requirements a.Fulfill responsibilities necessary for effective grant administration and demonstrate performance of waste abatement programs. b.Identify and ensure new municipal Liaison(s) is properly trained to fulfill responsibilities by attending the Dakota County Master Recycler/Composter class or equivalent as approved by the County Liaison. c.Participate in solid waste management training (e.g., Association of Recycling Managers [ARM] regional meetings, ARM workshops, RAM/SWANA conference) to support effective implementation of responsibilities. d.Ensure municipal Liaison(s) attends at least four of the six Program meetings hosted by the County Liaison. e.Refer persons, groups, and organizations as appropriate to County Programs (e.g., business, multifamily, school). f.Provide reasonable support to implement the Solid Waste Master Plan, as requested by the County. g.Maintain current waste management information on the municipal website: i.Describe city solid waste collection requirements for haulers; ii.Describe city solid waste collection requirements for generators, including commercial generators, events, multifamily properties; iii.Post the County’s standardized messages for residential recycling materials (i.e., the yes/no “what to recycle” list); and iv.Link to Dakota County website pages for Dakota County Recycling Requirements, the Recycling Guide, The Recycling Zone, Residential Recycling, Business Recycling, Multifamily Recycling, School Recycling, Event Recycling, and Environmental Education Resources. h.Demonstrate Program compliance and waste abatement metrics in mid-year and final reports that include information for all Base and Supplemental funded projects, as described in Reporting and Reimbursement below. Dakota County Contract #C0034609 Exhibit 1 - Page 2 of 10 VIII-03 i. Submit reimbursement requests by County deadlines with substantiating documentation, as described in Reporting and Reimbursement below. Eligible Expenses a. Salary, benefits, and mileage of personnel, full-time and temporary, working on the planning, implementing, promoting, and reporting of eligible activities. b. Solid waste training and professional memberships to support effective implementation of Base Funding or Supplemental Funding activities, excluding out-of-state travel and lodging. c. Consultant/contract services or stipend for an organization or group to provide assistance. d. Other expenses to administer grant-funded activities, with prior written approval from the County Liaison. 2. Residential Communications Minimum Grant Requirements a. Provide written waste abatement information to all residents of single-family and multifamily dwellings by including County standardized messaging articles and images in Municipality-mailed newsletters on each of the following topics, with full pages preferred as resources allow: i. Curbside recycling; ii. Residential services at the Recycling Zone; iii. Residential organics drop-off site(s); and iv. Local reuse opportunities for residents (e.g., local donation and exchange options, County online Dakota County Reduce & Reuse Map, County Fix-It Clinics). b. Promote County staff-developed electronic media messages (e.g., website, social media, e-news) about solid waste and household hazardous waste management, including all priority waste abatement topics listed above using County messaging standards. c. Serve as a resource to residents on waste abatement-related inquiries (e.g., email, phone). d. Provide funding source credit on all print materials, written as: Partially funded by Dakota County and the Minnesota Pollution Control Agency. e. Submit written residential waste abatement information to County Liaison for review at least three business days before printing. Eligible Expenses a. Salary, benefits, and mileage for municipality personnel, full-time and temporary, working on the planning, implementing, promoting, and reporting of eligible activities. b. Percentage of cost for design, production, and postage for municipality newsletter devoted to waste abatement articles on topics listed in Requirements above using County standardized messaging articles and images. c. Outreach media usage fees (e.g., advertisements, videos, billboards, radio, video, theater, television, e-news, and social media) for waste abatement standardized messaging. d. Consultant/contract services or stipend for an organization or group to provide assistance. e. Other expenses to administer grant-funded activities, with prior written approval from the County Liaison. 3. Municipal Facilities/Parks Verification and Education Minimum Grant Requirements a. Ensure collected recyclables and organics generated at municipal facilities/parks are delivered to the respective licensed facility, or to another facility approved by the County Liaison. Dakota County Contract #C0034609 Exhibit 1 - Page 3 of 10 VIII-03 b. Provide monitoring and verification of best waste management practices at least once annually, by: i. Visually inspecting waste management at all municipality-controlled facilities, including parks; and ii. Reporting on status of compliance with Dakota County Ordinance 110 using the Municipal Recycling Tracking Tool or another tool provided by Dakota County, to verify recycling programs for facilities under the municipality’s control collect the Designated List of Recyclables wherever trash is collected and follow best waste management practices. c. Provide County standardized solid waste abatement messaging in print or electronic format to each municipal employee, volunteer, tenant, and custodial/housekeeping staff annually, and other people responsible for sorting, collecting, or transporting waste to external carts or dumpsters, within 30 days of a new hire or new tenant, and within 30 days of a substantive change to your recycling or waste program. Eligible Expenses a. Salary, benefits, and mileage for municipality personnel, full-time and temporary, working on the planning, implementing, promoting, and reporting of eligible activities. b. Copying and printing waste abatement education materials for municipal employees and vendors, such as signs, trainings and mass communication using County messaging standards. c. Consultant/contract services or stipend for an organization or group to provide assistance. d. Other expenses to administer grant-funded activities, with prior written approval from the County Liaison. 4. Special Collections Minimum Grant Requirements a. Implement one or more drop-off collection days, events, curbside collections, permanent drop-off collection sites, or combination thereof to collect specific traditional and non-traditional solid waste materials from residents for reuse or recycling. b. Collect all of the following materials from residents for reuse or recycling or organics composting, with preference given to reuse: i. Confidential paper for shredding ii. Mattresses and box springs iii. Pumpkins c. The following optional materials may also be collected from residents for reuse or recycling, with preference given to reuse: i. Bicycles ii. Cardboard iii. Carpet iv. CFLs v. Furniture vi. Holiday lights vii. Scrap metal viii. Textiles ix. Other materials as pre-approved by the County Liaison. d. Obtain confirmation that collected materials are delivered to a reuse location or to a licensed recycling/organics facility, or to another facility approved by the County Liaison. e. Obtain and report weights for each material collected. f. Promote special collection opportunities to all single-family and multifamily residents using County messaging standards. Dakota County Contract #C0034609 Exhibit 1 - Page 4 of 10 VIII-03 g. Submit promotional communications to County Liaison for review at least three business days before publication. h. Ensure special collection opportunities are conveniently located and scheduled, with an independent collection opportunity for each municipality having 1,000 households or more; a municipality with fewer than 1,000 households may coordinate with a neighboring municipality for co-collection. Eligible Expenses a. Salary, benefits, and mileage for municipality personnel, full-time and temporary, working on the planning, implementing, promoting, and reporting of eligible activities (i.e., for collection of materials listed above). b. Vendor services, less resident fees, to collect materials listed above at a residential drop-off day or event with confirmed delivery to a reuse, recycling, or organics facility. c. Up to 25% costs for vendor services, less resident fees, to collect materials listed above at a permanent residential collection drop-off site with confirmed delivery to a reuse, recycling, or organics facility. d. Up to 25% costs for vendor services, less resident fees, to collect materials listed above through a curbside collection with confirmed delivery to a reuse, recycling, or organics facility. e. Print media copying/printing to promote special collection opportunities and permanent drop-off sites to residents (e.g., posters, flyers, signs) using County messaging standards. f. Consultant/contract services or stipend for an organization or group to provide assistance. g. Other expenses to administer grant-funded activities with prior written approval from the County Liaison. Part 2: Supplemental Funding Request (Optional) 5. Multifamily Recycling Minimum Grant Requirements a. Conduct any of the following activities: i. Take or maintain an inventory of all multifamily properties in the Municipality, create a list or directory, and provide a copy to Dakota County. ii. Develop new or strengthen existing points of contact (“touchpoints” such as business license renewals, rental license renewals, rental inspections, fire inspections, and property manager meetings) to implement city requirements. iii. Send a mailing to property managers and owners about recycling resources, in coordination with County staff. iv. Identify, strengthen, or both: municipal planning and construction procedures to support recycling and organics in new or remodeled buildings (e.g., internal chutes; adequate internal and external space). v. Work with County Liaison to identify and provide technical assistance for up to three multifamily properties enrolled in the Dakota County Multifamily Recycling Program to implement best waste management practices by: 1. First attending Dakota County Multifamily Recycling Program technical assistance training; 2. Providing on-site needs assessments to systematically evaluate and document opportunities to enhance recycling and waste prevention, and to meet best practices, using County materials; Dakota County Contract #C0034609 Exhibit 1 - Page 5 of 10 VIII-03 3. Using needs assessments to complete applications for the Dakota County Multifamily Recycling Program in collaboration with property managers to request County-supplied containers, labels, signage, education materials, staff and resident education as needed, and other technical assistance; 4. Implementing approved plans in coordination with property managers, haulers, County staff, and other partners; 5. Providing targeted on-site employee and resident education about recycling and waste prevention, including the recycling system within the building, in partnership with the County Liaison, using County messaging standards; 6. Promoting reuse and bulky waste collection opportunities for multifamily tenants at move-in/move-out; 7. Collaborating with the County Liaison for culturally specific needs such as translation and interpretation; 8. Following all Dakota County Multifamily Recycling Program protocols for outreach and technical assistance, best waste management practices, and education, using County messaging standards; and 9. Tracking and reporting on outcomes for each participating property, using forms or tools provided by the County Liaison. Eligible Expenses a. Salary, benefits, and mileage for municipality personnel, full-time and temporary, working on the planning, implementing, promoting, and reporting of eligible activities. b. Consultant/contract services or stipend for an organization or group to provide assistance. c. Other expenses to administer grant-funded activities, with prior written approval from the County Liaison. 6. Additional Special Collections and Reduce/Reuse Activities Minimum Grant Requirements a. Provide updates to the County’s online Dakota County Reduce & Reuse Map. b. Implement any of the following three activities: 1. Implement one or more additional Special Collection drop-off days, events, curbside collections, permanent drop-off collection sites, or combination thereof to collect specific (see Section 4.c.) traditional and non-traditional solid waste materials from residents for reuse or recycling. 2. Coordinate with County Liaison to implement one or more residential reduce/reuse activities: i. Host residential swap events. ii. Implement a reusable bag exchange at specific location(s) (e.g., local store, farmer’s market, co-op). iii. Host or facilitate a lending library for tools, lawn and gardening equipment, kitchenware, crafting, camping equipment, or other items as pre-approved by the County Liaison. iv. Host residential reduce or reuse education classes (e.g., simple mending, how to downsize). v. Add material reuse at existing collections (e.g., cleanup days). vi. Leverage existing residential activities to plan or start reuse activities (e.g., coordinate with realtors to promote reuse prior to home sales; coordinate with a local repair business to host a repair event). vii. Facilitate changes to municipality codes, policies, and practices that are barriers to reuse (e.g., clothing drop box prohibitions). Dakota County Contract #C0034609 Exhibit 1 - Page 6 of 10 VIII-03 viii. Other reduce/reuse activities as pre-approved by the County Liaison. 3. Facilitate changes to internal policies and practices to reuse supplies and equipment (e.g., furniture, computers, pens) when they are no longer needed, for both internal and external reuse. i. Attend Minnesota Pollution Control Agency Green Team meetings. Eligible Expenses a. Salary, benefits, and mileage for municipality personnel, full-time and temporary, working on the planning, implementing, promoting, and reporting of eligible activities described in Requirements above). b. Vendor services, less resident fees, to collect materials listed above at a residential drop-off day or event with confirmed delivery to a reuse, recycling, or organics facility. c. Up to 25% costs for vendor services, less resident fees, to collect materials listed above at a permanent residential collection drop-off site with confirmed delivery to a reuse, recycling, or organics facility. d. Up to 25% costs for vendor services, less resident fees, to collect materials listed above through a curbside collection with confirmed delivery to a reuse, recycling, or organics facility. e. Print media copying/printing to promote special collection opportunities and permanent drop-off sites to residents (e.g., posters, flyers, signs) using County messaging standards. f. Consultant/contract services or stipend for an organization or group to provide assistance. g. Reduce/reuse activity expenses with prior written approval (e.g., start-up supplies). h. Other expenses to administer grant-funded activities with prior written approval from the County Liaison. 7. In-Person Education Minimum Grant Requirements a. Provide in-person waste abatement education for adults and youth through face-to-face interactions during presentations or at booths, events, or gatherings to educate 1% or more of the Municipality’s population through a direct learning experience, on the following topics: i. Curbside recycling (required) ii. Residential organics drop site(s) (optional) iii. Residential services at the Recycling Zone (optional) iv. Local reuse opportunities for residents (optional) b. Use County materials for promotional and distribution handouts. c. Review display and education materials with County liaison in advance of in-person education. d. If conducting online education, provide a live format with interactive opportunities (i.e., no pre- recorded videos). e. Use messaging standards on County website for verbal education. f. Coordinate with County Liaison for any education requests in schools, businesses, and multifamily residences. g. Track and report on outcomes using County forms, on an annual basis or more often as requested, including monitoring presentation attendance (e.g., sign-in sheet or head count), online webinar attendance (e.g., number of people who log on), booth interactions (e.g., clicker or tally sheet), and game interactions (e.g., clicker or tally sheet). Eligible Expenses a. Salary, benefits, and mileage for municipality personnel, full-time and temporary, while working on the planning, implementing, promoting, and reporting of eligible activities (i.e., only activities Dakota County Contract #C0034609 Exhibit 1 - Page 7 of 10 VIII-03 described in Requirements above; does not include brochure distribution, or any activities lacking an educational face-to-face interaction and direct learning experience). b. Printing or copying of promotional or distribution pieces (e.g., posters, flyers, guides) complying with County messaging standards and approved in advance by County Liaison, if not duplicative of existing County publications. c. Event, booth, and room rental fees. d. Fees for County-approved professional educators and performers who help implement required education activities on topics listed above and comply with County messaging standards. e. County-approved promotional items up to $500 in value that create minimal waste and contribute to waste abatement education. f. Consultant/contract services or stipend for an individual, organization or group to provide assistance. g. Other expenses to administer grant-funded activities, with prior written approval from the County Liaison. 8. Event Recycling and Organics Collection Minimum Grant Requirements a. Implement recycling, back-of house organics collection, or both, at events. i. Contact and assist event coordinators to plan and implement recycling collection, back-of-house organics collection, or both. ii. Assist with obtaining temporary containers, proper bags, signage, hauler services for collection, and as appropriate, recruit waste station staffing. iii. Assist with applying best waste management practices for standardized messaging to vendors, volunteers, and custodial staff; labeled and an appropriate number of co-located recycling and trash containers in strategic locations to prevent overflow; and delivery to a licensed/permitted facility. iv. For recyclables collection, prioritize events on public property that generate at least one ton (8cy) of trash (e.g., community events, athletic tournaments, fairs, markets, concerts, etc.). v. For organics collection, prioritize events of at least 300 people that generate back-of-house organics and at least one ton (8 cy) of trash. vi. Obtain confirmation that collected materials are delivered to a licensed or otherwise approved recycling/organics facility if grant funds are being used for hauling services at city events. b. Coordinate with the County Liaison to develop or update municipal permits and agreements to require recycling/back-of-house organics with best waste management practices at events, tournaments, and festivals (e.g., event permit, event vendor agreement, facility rental agreement, event hauler agreement), consistent with city codes and County Ordinance 110. Eligible Expenses a. Salary, benefits, and mileage for municipality personnel, full-time and temporary, while working on the planning, implementing, promoting, and reporting of eligible activities. b. X-frame containers, grabbers, green 5-gallon buckets, signage, X-Frame bags for recyclables and organics, promotion and other materials necessary for successful project implementation at large events. Purchased assets are the property of the city for use at events. c. Recycling/organics hauling services of collected materials from city events/tournaments/festivals, with confirmed delivery to a licensed recycling/composting facility, or to another facility approved by the County Liaison. d. Consultant/contract services or stipend for an organization or group to provide assistance, prioritizing large events. Dakota County Contract #C0034609 Exhibit 1 - Page 8 of 10 VIII-03 e. Other expenses to administer grant-funded activities, with prior written approval from the County Liaison. 9. Gap Funding Minimum Grant Requirements a. Complete, or make progress toward completing, one or more waste abatement projects included in eligible grant categories above, for which additional funding is needed, with first priority given to filling funding gaps in Base Funding categories, and second priority given to filling gaps in Supplemental Funding categories. Eligible Expenses a. Salary, benefits, and mileage for municipality personnel, full-time and temporary, while working directly on the planning, implementing, promoting, and reporting of eligible activities. b. Expenses for completion of projects that are eligible, as defined in Grant Requirements and Eligible Expenses sections above. c. Other expenses to administer grant-funded activities with prior written approval from the County Liaison. VI. Ineligible Expenses The following expenses are ineligible for funding: a. Expenses that are not specified as an eligible expense above, unless written approval has been obtained from the County Liaison. b. Expenses related to non-waste abatement waste issues (e.g., energy, water, sustainability). c. Expenses related to land disposal of materials, and collection and management of banned materials, trash, hazardous and household hazardous waste and business waste, unless specifically identified above (e.g., residential compact fluorescent bulb collection, multi-stream containers). d. Expenses related to city code amendments and enforcement (e.g., code compliance administration, programming and communications; inspections). e. Municipality-generated waste management. f. Food or refreshments unless approved by the County Liaison as compliant with Dakota County Policy 2740. g. Design/print of education and communications print materials not described above, unless prior written approval has been obtained from the County Liaison. h. Out-of-state meals, travel, and lodging. i. Office supplies and equipment including phone charges and website fees. j. Waste collection containers and lids, unless specifically identified above (e.g., X-frames for events). VII. Reporting and Reimbursement Grant Requirements a. By July 15, 2022, Municipality shall submit a mid-year report and reimbursement request form for the first six months of 2022, on forms provided by the County Liaison. b. By January 15, 2023, Municipality shall submit a final report and reimbursement request form for the last six months of 2022, on forms prescribed by the County Liaison. Dakota County Contract #C0034609 Exhibit 1 - Page 9 of 10 VIII-03 c. Mid-year and final reports shall include time spent on each category, and for each city if applicable, for municipality personnel, full-time and temporary, while working directly on the planning, implementing, promoting, and reporting of eligible activities during the reimbursement period. d. Report and reimbursement request forms must be signed by the Authorized Representative (i.e., contract signatory) for the grant agreement, or by other designee who is independent of municipality personnel who work directly on the planning, implementing, promoting, and reporting of eligible activities. e. Reimbursement requests must be for eligible expenses, less revenues or other monies received, incurred in connection with the performance of grant activities. f. Reimbursement requests must be supported by documentation such as vendor invoices, receipts, or detailed financial reports produced using municipal accounting software, itemizing all expenses related to the grant, including salary and benefits. Any reimbursement request for multiple municipalities must separately itemize the request for reimbursement for each individual municipality. g. Salary and benefits cannot exceed the total amount budgeted for salary and benefits in the Application unless reasonable justification is provided and approved by County Liaison in advance. Dakota County Contract #C0034609 Exhibit 1 - Page 10 of 10 VIII-03 D a k o t a C o u n t y C o n t r a c t # C 0 0 3 4 6 0 9 E x h i b i t 2 - P a g e 1 o f 1 2 V I I I - 0 3 D a k o t a C o u n t y C o n t r a c t # C 0 0 3 4 6 0 9 E x h i b i t 2 - P a g e 2 o f 1 2 V I I I - 0 3 D a k o t a C o u n t y C o n t r a c t # C 0 0 3 4 6 0 9 E x h i b i t 2 - P a g e 3 o f 1 2 V I I I - 0 3 D a k o t a C o u n t y C o n t r a c t # C 0 0 3 4 6 0 9 E x h i b i t 2 - P a g e 4 o f 1 2 V I I I - 0 3 D a k o t a C o u n t y C o n t r a c t # C 0 0 3 4 6 0 9 E x h i b i t 2 - P a g e 5 o f 1 2 V I I I - 0 3 D a k o t a C o u n t y C o n t r a c t # C 0 0 3 4 6 0 9 E x h i b i t 2 - P a g e 6 o f 1 2 V I I I - 0 3 D a k o t a C o u n t y C o n t r a c t # C 0 0 3 4 6 0 9 E x h i b i t 2 - P a g e 7 o f 1 2 V I I I - 0 3 D a k o t a C o u n t y C o n t r a c t # C 0 0 3 4 6 0 9 E x h i b i t 2 - P a g e 8 o f 1 2 V I I I - 0 3 D a k o t a C o u n t y C o n t r a c t # C 0 0 3 4 6 0 9 E x h i b i t 2 - P a g e 9 o f 1 2 V I I I - 0 3 D a k o t a C o u n t y C o n t r a c t # C 0 0 3 4 6 0 9 E x h i b i t 2 - P a g e 1 0 o f 1 2 V I I I - 0 3 D a k o t a C o u n t y C o n t r a c t # C 0 0 3 4 6 0 9 E x h i b i t 2 - P a g e 1 1 o f 1 2 V I I I - 0 3 D a k o t a C o u n t y C o n t r a c t # C 0 0 3 4 6 0 9 E x h i b i t 2 - P a g e 1 2 o f 1 2 V I I I - 0 3 INSURANCE TERMS Contractor agrees to provide and maintain at all times during the term of this Contract such insurance coverages as are indicated herein and to otherwise comply with the provisions that follow. Such policy(ies) of insurance shall apply to the extent of, but not as a limitation upon or in satisfaction of, the Contract indemnity provisions. The provisions of this section shall also apply to all Subcontractors, Sub-subcontractors, and Independent Contractors engaged by Contractor with respect to this Contract, and Contractor shall be entirely responsible for securing the compliance of all such persons or parties with these provisions. APPLICABLE SECTIONS ARE CHECKED 1.Workers Compensation. Workers' Compensation insurance in compliance with all applicable statutes including an All States or Universal Endorsement where applicable. Such policy shall include Employer's Liability coverage in an amount no less than $500,000. If Contractor is not required by Statute to carry Workers’ Compensation Insurance, Contractor agrees: (1) to provide County with evidence documenting the specific provision under Minn. Stat. § 176.041 which excludes Contractor from the requirement of obtaining Workers’ Compensation Insurance; (2) to provide prior notice to County of any change in Contractor’s exemption status under Minn. Stat. § 176.041; and (3) to hold harmless and indemnify County from and against any and all claims and losses brought by Contractor or any subcontractor or other person claiming through Contractor for Workers’ Compensation or Employers’ Liability benefits for damages arising out of any injury or illness resulting from performance of work under this Contract. If any such change requires Contractor to obtain Workers’ Compensation Insurance, Contractor agrees to promptly provide County with evidence of such insurance coverage. 2.General Liability. "Commercial General Liability Insurance" coverage (Insurance Services Office form title), providing coverage on an "occurrence" rather than on a "claims made" basis, which policy shall include, but not be limited to, coverage for Bodily Injury, Property Damage, Personal Injury, Contractual Liability (applying to this Contract), Independent Contractors, "XC&U" and Products-Completed Operations liability (if applicable). Such coverage may be provided under an equivalent policy form (or forms), so long as such equivalent form (or forms) affords coverage which is at least as broad. An Insurance Services Office "Comprehensive General Liability" policy which includes a Broad Form Endorsement GL 0404 (Insurance Services Office designation) shall be considered to be an acceptable equivalent policy form. Contractor agrees to maintain at all times during the period of this Contract a total combined general liability policy limit of at least $1,500,000 per occurrence and aggregate, applying to liability for Bodily Injury, Personal Injury, and Property Damage, which total limit may be satisfied by the limit afforded under its Commercial General Liability policy, or equivalent policy, or by such policy in combination with the limits afforded by an Umbrella or Excess Liability policy (or policies); provided, that the coverage afforded under any such Umbrella or Excess Liability policy is at least as broad as that afforded by the underlying Commercial General Liability policy (or equivalent underlying policy). Such Commercial General Liability policy and Umbrella or Excess Liability policy (or policies) may provide aggregate limits for some or all of the coverages afforded thereunder, so long as such aggregate limits have not, as of the beginning of the term or at any time during the term, been reduced to less than the total required limits stated above, and further, that the Umbrella or Excess Liability policy provides coverage from the point that such aggregate limits in the underlying Commercial General Liability policy become reduced or exhausted. An Umbrella or Excess Liability policy which "drops down" to respond immediately over reduced underlying limits, or in place of exhausted underlying limits, but subject to a deductible or "retention" amount, shall be acceptable in this regard so long as such deductible or retention for each occurrence does not exceed the amount shown in the provision below. Contractor's liability insurance coverage may be subject to a deductible, "retention" or "participation" (or other similar provision) requiring the Contractor to remain responsible for a stated amount or percentage of each covered loss; provided, that such deductible, retention or participation amount shall not exceed $25,000 each occurrence. Such policy(ies) shall name Dakota County, its officers, employees and agents as Additional Insureds thereunder. 3.Professional Liability. Professional Liability (errors and omissions) insurance with respect to its professional activities to be performed under this Contract. This amount of insurance shall be at least $1,500,000 per occurrence and aggregate (if applicable). Coverage under such policy may be subject to a deductible, not to exceed $25,000 per occurrence. Contractor agrees to maintain such insurance for at least one (1) year from Contract termination. It is understood that such Professional Liability insurance may be provided on a claims-made basis, and, in such case, that changes in insurers or insurance policy forms could result in the impairment of the liability insurance protection intended for Dakota County hereunder. Contractor therefore agrees that it will not seek or voluntarily accept any such change in its Professional Liability insurance coverage if such impairment of Dakota County's protection could result; and further, that it will exercise its rights under any "Extended Reporting Period" ("tail coverage") or similar policy option if necessary or appropriate to avoid impairment of Dakota County's protection. Contractor further agrees that it will, throughout the one (1) year period of required coverage, immediately: (a) advise Dakota County of any intended or pending change of any Professional Liability insurers or policy forms, and provide Dakota County with all pertinent information that Dakota County may reasonably request to determine compliance with this section; and (b) immediately advise Dakota County of any claims or threats of claims that might reasonably be expected to reduce the amount of such insurance remaining available for the protection of Dakota County. Dakota County Contract #C0034609 Exhibit 3 - Page 1 of 2 VIII-03 4. Automobile Liability. Business Automobile Liability insurance covering liability for Bodily Injury and Property Damage arising out of the ownership, use, maintenance, or operation of all owned, non-owned and hired automobiles and other motor vehicles utilized by Contractor in connection with its performance under this Contract. Such policy shall provide total liability limits for combined Bodily Injury and/or Property Damage in the amount of at least $1,500,000 per accident, which total limits may be satisfied by the limits afforded under such policy, or by such policy in combination with the limits afforded by an Umbrella or Excess Liability policy(ies); provided, that the coverage afforded under any such Umbrella or Excess Liability policy(ies) shall be at least as broad with respect to such Business Automobile Liability insurance as that afforded by the underlying policy. Unless included within the scope of Contractor's Commercial General Liability policy, such Business Automobile Liability policy shall also include coverage for motor vehicle liability assumed under this contract. Such policy, and, if applicable, such Umbrella or Excess Liability policy(ies), shall include Dakota County, its officers, employees and agents as Additional Insureds thereunder. 5. Additional Insurance. Dakota County shall, at any time during the period of the Contract, have the right to require that Contractor secure any additional insurance, or additional feature to existing insurance, as Dakota County may reasonably require for the protection of their interests or those of the public. In such event Contractor shall proceed with due diligence to make every good faith effort to promptly comply with such additional requirement(s). 6. Evidence of Insurance. Contractor shall promptly provide Dakota County with evidence that the insurance coverage required hereunder is in full force and effect prior to commencement of any work. At least 10 days prior to termination of any such coverage, Contractor shall provide Dakota County with evidence that such coverage will be renewed or replaced upon termination with insurance that complies with these provisions. Such evidence of insurance shall be in the form of the Dakota County Certificate of Insurance, or in such other form as Dakota County may reasonably request, and shall contain sufficient information to allow Dakota County to determine whether there is compliance with these provisions. At the request of Dakota County, Contractor shall, in addition to providing such evidence of insurance, promptly furnish Contract Manager with a complete (and if so required, insurer- certified) copy of each insurance policy intended to provide coverage required hereunder. All such policies shall be endorsed to require that the insurer provide at least 30 days’ notice to Dakota County prior to the effective date of policy cancellation, nonrenewal, or material adverse change in coverage terms. On the Certificate of Insurance, Contractor's insurance agency shall certify that he/she has Error and Omissions coverage. 7. Insurer: Policies. All policies of insurance required under this paragraph shall be issued by financially responsible insurers licensed to do business in the State of Minnesota, and all such insurers must be acceptable to Dakota County. Such acceptance by Dakota County shall not be unreasonably withheld or delayed. An insurer with a current A.M. Best Company rating of at least A:VII shall be conclusively deemed to be acceptable. In all other instances, Dakota County shall have 15 business days from the date of receipt of Contractor's evidence of insurance to advise Contractor in writing of any insurer that is not acceptable to Dakota County. If Dakota County does not respond in writing within such 15 day period, Contractor's insurer(s) shall be deemed to be acceptable to Dakota County. 8. Noncompliance. In the event of the failure of Contractor to maintain such insurance and/or to furnish satisfactory evidence thereof as required herein, Dakota County shall have the right to purchase such insurance on behalf of Contractor, which agrees to provide all necessary and appropriate information therefor and to pay the cost thereof to Dakota County immediately upon presentation of invoice. 9. Loss Information. At the request of Dakota County, Contractor shall promptly furnish loss information concerning all liability claims brought against Contractor (or any other insured under Contractor's required policies), that may affect the amount of liability insurance available for the benefit and protection of Dakota County under this section. Such loss information shall include such specifics and be in such form as Dakota County may reasonably require. 10. Release and Waiver. Contractor agrees to rely entirely upon its own property insurance for recovery with respect to any damage, loss or injury to the property interests of Contractor. Contractor hereby releases Dakota County, its officers, employees, agents, and others acting on their behalf, from all claims, and all liability or responsibility to Contractor, and to anyone claiming through or under Contractor, by way of subrogation or otherwise, for any loss of or damage to Contractor's business or property caused by fire or other peril or event, even if such fire or other peril or event was caused in whole or in part by the negligence or other act or omission of Dakota County or other party who is to be released by the terms hereof, or by anyone for whom such party may be responsible. Contractor agrees to effect such revision of any property insurance policy as may be necessary in order to permit the release and waiver of subrogation agreed to herein. Contractor shall, upon the request of Dakota County, promptly provide a Certificate of Insurance, or other form of evidence as may be reasonably requested by Dakota County, evidencing that the full waiver of subrogation privilege contemplated by this provision is present; and/or, if so requested by Dakota County, Contractor shall provide a full and complete copy of the pertinent property insurance policy(ies). K/CM/Exh/Insure-No-Prof-Liability-CM.doc Revised: 10/07 Dakota County Contract #C0034609 Exhibit 3 - Page 2 of 2 VIII-03 CITY OF HASTINGS DAKOTA COUNTY, MINNESOTA RESOLUTION - A RESOLUTION EXPRESSING ACCEPTANCE OF AND APPRECIATION OF A DONATION TO THE PARKS AND RECREATION DEPARTMENT WHEREAS, The Edgar Family has presented to the City Parks & Recreation Department a donation of $800.00 and has designated that this donation be used for a memorial bench in a City Park or on a City Trail; and WHEREAS, the City Council is appreciative of the donation and commends The Edgar Family for their civic efforts, NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Hastings, Minnesota; 1. That the donation is accepted and acknowledged with gratitude; and 2. That the donation will be appropriated for a memorial bench to be placed in a City Park or on a City Trail; and Adopted this 15th day of November, 2021 ________________________________ Mary Fasbender, Mayor Attest: ____________________________ Kelly Murtaugh, City Clerk VIII-04 City Council Memorandum To: Mayor Fasbender & City Councilmembers From: John Hinzman, Community Development Director Date: November 15, 2021 Item: 1st Reading\Order Public Hearing: City Code Amendment – Zoning - Definition of Family Council Action Requested: Consider 1st Reading and schedule a public hearing of the attached amendment to Hastings City Code Chapters 150.02 pertaining to the definition of “family”. Upon action by the City Council, the public hearing, 2nd reading, and final action would be scheduled for the December 6th City Council Meeting. Approval requires a simple majority of the City Council. Background Information: The following change is proposed: FAMILY. A group of individuals living under 1 roof. An individual, or two (2) or more persons related by blood, marriage, guardianship, adoption; or a group of not more than four (4) persons not so related, living together as a single housekeeping unit using common household, common cooking, and kitchen facilities. Financial Impact: N\A Advisory Commission Discussion: At the November 8, 2021 Planning Commission Meeting a motion to approve the amendment failed on a 3-4 vote (aye - Messina, King, and Matzke; nay - Romens, Teiken, Peters, and Halberg). During the public hearing one individual provided comment questioning the need of the amendment and its effect on affordability of housing. An email message with similar concerns was also received. Commissioners discussed potential unintended consequences of the change pertaining to number of children, foster care situations, and group homes. Council Committee Discussion: The Planning Committee of City Council (Chair Folch, Leifeld, and Vaughan) reviewed the item on September 8, 2021 and were supportive of changing the definition. Attachments: • Draft Ordinance Amendment • Planning Commission Report - November 8, 2021 VIII-05 City Council 1st Reading - November 15, 2021 CITY OF HASTINGS, MINNESOTA ORDINANCE NO. 2021-___ An Ordinance of the City of Hastings amending City Code Section 155.02 - Zoning Code - Definition of Family BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HASTINGS: SECTION 1. Hastings City Code Section 155.02 - Zoning Code - Definitions is hereby amended as follows (strikethrough language is deleted): FAMILY. A group of individuals living under 1 roof. An individual, or two (2) or more persons related by blood, marriage, guardianship, adoption; or a group of not more than four (4) persons not so related, living together as a single housekeeping unit using common household, common cooking, and kitchen facilities. SECTION 2. EFFECTIVE DATE. This Ordinance shall be effective upon seven (7) days after its passage and publication. Adopted by the Hastings City Council on this 6th day of December 2021, by the following vote: Ayes: Nays: Absent: CITY OF HASTINGS ____________________________________ Mary Fasbender, Mayor ATTEST: _________________________________ Kelly Murtaugh City Clerk VIII-05 I hereby certify that the above is a true and correct copy of the Ordinance presented to and adopted by the City of Hastings, County of Dakota, Minnesota, on the 6th day of December 2021, as disclosed by the records of the City of Hastings on file and of record in the office. _____________________________ Kelly Murtaugh City Clerk VIII-05 To: Planning Commission From: John Hinzman, Community Development Director Date: November 8, 2021 Item: City Code Amendment - Definition of Family Planning Commission Action Requested Hold a public hearing and consider an amendment to City Code Chapter 155.02 - Zoning Code Definitions modifying the definition of “Family”. Proposed Amendment FAMILY. A group of individuals living under 1 roof. An individual, or two (2) or more persons related by blood, marriage, guardianship, adoption; or a group of not more than four (4) persons not so related, living together as a single housekeeping unit using common household, common cooking, and kitchen facilities. Rationale for Amendment The current definition allows an unlimited number of individuals to reside in any residential unit. The City has seen an increased number of requests to rent out individual rooms that increase the activity and vehicles that is beyond what is normally expected within residential neighborhoods. Staff’s intent for the change is not to over-regulate the changing nature of what constitutes a family, but to limit the number of unrelated individuals living within a single unit. Staff worked with the City Attorney to review the definition of family in surrounding communities. Definitions share a common theme of limiting the number of individuals within a residential unit that are not related by blood, marriage, domestic partnership, foster care, guardianship, adoption, civil unions, etc. (generally termed “unrelated individuals”). The number of unrelated individuals within a unit generally varies from 3-5 people. Planning Committee of City Council Review On September 8, 2021, the Planning Committee of City Council (Chair Folch, Leifeld, and Vaughan) reviewed the issue and supported consideration of a change to the code. Attachments • Draft Ordinance Amendment Planning Commission Memorandum VIII-05 Planning Commission Review - November 8, 2021 CITY OF HASTINGS, MINNESOTA ORDINANCE NO. 2021-___ An Ordinance of the City of Hastings amending City Code Section 155.02 - Zoning Code - Definition of Family BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HASTINGS: SECTION 1. Hastings City Code Section 155.02 - Zoning Code - Definitions is hereby amended as follows (strikethrough language is deleted): FAMILY. A group of individuals living under 1 roof. An individual, or two (2) or more persons related by blood, marriage, guardianship, adoption; or a group of not more than four (4) persons not so related, living together as a single housekeeping unit using common household, common cooking, and kitchen facilities. SECTION 2. EFFECTIVE DATE. This Ordinance shall be effective upon seven (7) days after its passage and publication. Adopted by the Hastings City Council on this 6th day of December 2021, by the following vote: Ayes: Nays: Absent: CITY OF HASTINGS ____________________________________ Mary Fasbender, Mayor ATTEST: _________________________________ Kelly Murtaugh City Clerk VIII-05 I hereby certify that the above is a true and correct copy of the Ordinance presented to and adopted by the City of Hastings, County of Dakota, Minnesota, on the 6th day of December 2021, as disclosed by the records of the City of Hastings on file and of record in the office. _____________________________ Kelly Murtaugh City Clerk VIII-05 City Council Memorandum To: City Council From: Eric Maass, AICP, EDFP - Economic Development Coordinator Date: November 10, 2021 Item: Consider Resolution Terminating and Cancelling the Contract for Private Redevelopment with NJS Development LLC Dated September 20, 2021 and Approving the New Contract for Private Redevelopment with NJS Development LLC REQUEST: Staff is requesting that Council approve termination of the existing contract for Private Development with Nate Stencil, President of NJS Development, LLC (Stencil Group) and Approve the New Contract for Private Development with NJS Development, LLC. The following actions are requested: 1)Adopt Resolution terminating and cancelling the contract for private redevelopment with NJS Development LLC dated September 20, 2021 and approving the new contract for private redevelopment with NJS Development, LLC. RECOMMENDATION: HEDRA will consider the same action at its meeting on November 10th. Staff will provide the HEDRA recommendation at the City Council meeting. BACKGROUND INFORMATION: History: Community Development Staff sought out developers looking for sites to develop multifamily housing projects in support of additional life cycle housing within the City of Hastings. Following the completion of a successful project in Northfield, Stencil Group was provided an introduction and discussions were held regarding potential sites. Stencil Group showed interest in the UBC site and Staff has worked on a project for that site since that time. HEDRA held a public hearing regarding the land sale at their meeting on September 9, 2021. New Private Development Agreement Details The previous agreement referred only to the properties owned by HEDRA. The proposed project will however include a piece of private property located generally at 404 VIII-06 3rd Street E (PID 19-32150-17-030) which NJS Development, LLC has acquired to support the proposed project. The contract for private redevelopment needs to include all properties which will be involved with the project. The City Attorney has recommended that due to the number of property references in the existing development contract that it was cleaner to cancel the existing agreement and adopt a new one than amend the existing contract. No other changes are proposed with the new contract. The Developer is aware of this proposed action and is supportive. Financial Impact: Sale of the property will generate $175,000 in HEDRA land sale revenue. The developer has estimated an approximate investment of $11,000,000 which would yield approximately $160,000 in total annual taxes. Advisory Commission Discussion: The Hastings Economic Development and Redevelopment Authority (HEDRA) will consider the same action at its meeting on November 10th, 2021. Council Commission Discussion: N/A ATTACHMENTS: • Location Map • Resolution • Purchase and Development Agreement VIII-06 LOCATION MAP Si t e L o c a t i o n VIII-06 1 HASTINGS CITY COUNCIL RESOLUTION NO. A RESOLUTION TERMINATING AND CANCELLING THE CONTRACT FOR PRIVATE REDEVELOPMENT WITH NJS DEVELOPMENT LLC DATED SEPTEMBER 20, 2021 AND APPROVING THE NEW CONTRACT FOR PRIVATE REDEVELOPMENT WITH NJS DEVELOPMENT LLC Council member ________________ introduced the following resolution and moved its adoption: WHEREAS, on September 20, 2021, by and through Resolution No. 09-13-21, the City Council approved the Contract for Private Redevelopment (“Original Development Agreement”) by and between the Hastings Economic Development and Redevelopment Authority and the City of Hastings and NJS Development LLC (“Developer”) for the real property legally described on Exhibit A (the “HEDRA Property”) for a redevelopment project (“Project”); and WHEREAS, the Developer will be constructing the Project on the real property legally described on Exhibit B (the “Property”); and WHEREAS, the Original Development Agreement inadvertently omitted a parcel that is necessary for the Project; and WHEREAS, the parties mutually desire to terminate and cancel the Original Development Agreement to clarify all parcels in the Project; and WHEREAS, the parties mutually desire to enter into a new Contract for Private Redevelopment (“New Development Agreement”), which includes all of parcels in the Project. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Hastings as follows: 1. The Original Development Agreement is hereby terminated and canceled. 2. The New Development Agreement is hereby approved, subject to minor modification as approved by the City Attorney, and the appropriate officials are authorized to take such action as to effectuate its execution and implementation. Council member ________________ moved a second to this resolution and upon being put to a vote it was adopted by the Council Members present. Adopted by the Hastings City Council on November 15, 2021, by the following vote: Ayes: Nays: Absent: VIII-06 2 Mary Fasbender, Mayor ATTEST: Kelly Murtaugh, City Clerk (City Seal) I HEREBY CERTIFY that the above is a true and correct copy of the resolution presented to and adopted by the City of Hastings, County of Dakota, Minnesota, on the 15th day of November, 2021, as disclosed by the records of the City of Hastings on file and of record in the office. Kelly Murtaugh, City Clerk (Seal) VIII-06 A-1 EXHIBIT A LEGAL DESCRIPTION OF HEDRA PROPERTY Real property in Dakota County, Minnesota legally described as follows: PID: 19-32150-17-020 (Abstract Property) All of Lot One (1), Block Seventeen (17) in the Town of Hastings, excepting therefrom, however, all that portion lying northeasterly of a line 25 feet southwesterly of, measured at right angles and parallel with, the centerline of Chicago, Milwaukee, St. Paul, and Pacific Railroad Company’s spur track as now there laid across Bailey Street in said Town of Hastings, Dakota County, Minnesota; and ALSO All of Lot Two (2), Block Seventeen (17), Town of Hastings, excepting therefrom the West two-thirds (W 2/3) of the North half (N 1/2) of said Lot Two (2) and further excepting therefrom the West one-third (W 1/3) of the South half (S 1/2) of said Lot Two (2), Town of Hastings, Dakota County, Minnesota. PID: 19-32150-17-021 (Abstract Property) The North 1/2 of the West 1/2 of the East 2/3 of Lot 2 and the West 1/3 of Lot 2, Block 17, Town of Hastings, Dakota County, Minnesota. PID: 19-32150-17-080 (Abstract Property) Lots 7 and 8, Block 17, Town of Hastings, Dakota County, Minnesota. VIII-06 B-1 EXHIBIT B LEGAL DESCRIPTION OF PROPERTY Real property in Dakota County, Minnesota legally described as follows: PID: 19-32150-17-030 (Abstract Property) Lot Three (3) in Block Seventeen (17) in the Town (now city) of Hastings, according to the plat thereof now on file and of record in the office of the County Recorder in and for Dakota County, Minnesota. PID: 19-32150-17-020 (Abstract Property) All of Lot One (1), Block Seventeen (17) in the Town of Hastings, excepting therefrom, however, all that portion lying northeasterly of a line 25 feet southwesterly of, measured at right angles and parallel with, the centerline of Chicago, Milwaukee, St. Paul, and Pacific Railroad Company’s spur track as now there laid across Bailey Street in said Town of Hastings, Dakota County, Minnesota; and ALSO All of Lot Two (2), Block Seventeen (17), Town of Hastings, excepting therefrom the West two- thirds (W 2/3) of the North half (N 1/2) of said Lot Two (2) and further excepting therefrom the West one-third (W 1/3) of the South half (S 1/2) of said Lot Two (2), Town of Hastings, Dakota County, Minnesota. PID: 19-32150-17-021 (Abstract Property) The North 1/2 of the West 1/2 of the East 2/3 of Lot 2 and the West 1/3 of Lot 2, Block 17, Town of Hastings, Dakota County, Minnesota. PID: 19-32150-17-080 (Abstract Property) Lots 7 and 8, Block 17, Town of Hastings, Dakota County, Minnesota. VIII-06 CONTRACT FOR PRIVATE DEVELOPMENT By and Between HASTINGS ECONOMIC DEVELOPMENT AND REDEVELOPMENT AUTHORITY And THE CITY OF HASTINGS And NJS DEVELOPMENT LLC VIII-06 2 DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT (this “Agreement”) is made and entered into as of the day of , 2021 (the “Effective Date”), by and between the Hastings Economic Development and Redevelopment Authority, a public body corporate and politic organized under the laws of Minnesota (“HEDRA”), the City of Hastings, a Minnesota municipal corporation, and NJS Development LLC, a South Dakota limited liability company (“Developer”). RECITALS Recital No. 1. HEDRA was created pursuant to Minn. Stat. §§469.090 to 469.1082, and was authorized to transact business and exercise its powers by a resolution of the City Council of the City of Hastings (“City”). Recital No. 2. HEDRA is the owner of certain real property located in Hastings, Dakota County, Minnesota, legally described on Exhibit A (the “HEDRA Property”). Recital No. 3. HEDRA will sell the HEDRA Property to Developer on the terms and conditions of this Agreement. Recital No. 4. Developer desires to purchase the HEDRA Property from HEDRA. Recital No. 5. Developer has entered into a purchase agreement for the purchase of portions of the Property, not owned by HEDRA within the City that are necessary for Developer’s Minimum Improvements, subject to any approval by the City for all rezoning, conditional use permits and variances necessary for Developer’s redevelopment of the Property for the Minimum Improvements. Recital No. 6. Developer desires to develop the Property under the terms and conditions of this Agreement. Recital No. 7. HEDRA and the City believe that the development of the Property pursuant to and in general fulfillment of this Agreement is in the vital and best interests of the City, will promote the health, safety, morals, and welfare of its residents, and will be in accord with the public purposes and provisions of the applicable State and local laws and requirements. NOW, THEREFORE, in consideration of the covenants and the mutual obligations contain herein, the parties hereby covenant and agree with each other as follows: 1. Definitions. In this Agreement, unless a different meaning clearly appears from the context: A. “Agreement” means this Agreement, as the same may be modified, amended, or supplemented, in writing, by mutual agreement of both parties. VIII-06 3 B. “Certificate of Completion” means the certificate, in the form contained in Exhibit D attached hereto, which will be provided to Developer pursuant to Section 10.7 of this Agreement. C. “City” means the City of Hastings, Minnesota. D. “Closing” means the closing of the purchase and sale contemplated by this Agreement. E. “Closing Date” means on or before February 28, 2022, unless otherwise agreed to by the parties. F. “Construction Plans” means the final plans for construction of the Minimum Improvements to be submitted by Developer to the City. G. “Contingency Date” shall mean one hundred fifty (150) days from the Effective Date. H. “County” means Dakota County. I. “Deed” means the general warranty deed in the form attached hereto as Exhibit E, by which HEDRA will convey the HEDRA Property to Developer. J. “Developer” means NJS Development LLC, a South Dakota limited liability company. K. “Earnest Money” means $10,000, which shall be payable to Title Company within 3 business days after this Agreement is approved. L. “Effective Date” means the date this Agreement was executed by HEDRA and the City Council, whichever occurs last. M. “Event of Default” means an action by Developer or HEDRA listed in Section 11 of this Agreement. N. “HEDRA” means the Hastings Economic Development and Redevelopment Authority, a public body corporate and politic organized under the laws of Minnesota. O. “HEDRA Property” means the real property legally described on Exhibit A of this Agreement. P. “Minimum Improvements” means the construction of an approximately 85- unit market rate apartment building and related improvements, generally depicted on Exhibit C. VIII-06 4 Q. “Permitted Encumbrance” means any matters reflected on the Title Evidence which are not objected to by Developer within such time period or waived by Developer in accordance with Section 6.1 (other than such consensual liens). R. “Property” means the real property upon which the Minimum Improvements will be constructed, which property is legally described on Exhibit B attached hereto. S. “Purchase Price” means One Hundred Seventy-Five Thousand Dollars ($175,000.) T. “Sale” means any sale, conveyance, lease, exchange, forfeiture other transfer of the Developer’s interest in the Minimum Improvements or the Property, whether voluntary or involuntary. U. “Title Company” means DCA Title, 7373 - 147th Street West, Suite 161, Apple Valley, MN 55124. V. “Unavoidable Delays” means delays beyond the reasonable control of the party seeking to be excused, which are the direct result of strikes, other labor troubles, weather, fire, or other casualty to the Minimum Improvements; litigation commenced by third parties which, by injunction or other similar judicial action, results in delays, or acts of any federal, state or local governmental unit (other than HEDRA in exercising its rights under this Agreement) that result in delays. 2. Sale. Subject to the compliance with the terms and provisions of this Agreement, HEDRA shall sell the HEDRA Property to Developer for the Purchase Price, and Developer shall purchase the same from HEDRA. 3. Available Surveys, Tests, and Reports. Within ten (10) days of the Effective Date, HEDRA shall cause to be delivered to Developer (a) copies of any surveys, easement documents, property tax information (including any appeals), soil tests, environmental or engineering reports, wetland delineations, and any other studies and/or site analyses previously conducted on the HEDRA Property and in the possession of HEDRA and (b) copies of existing title work for the HEDRA Property and in the possession of HEDRA (the “Due Diligence Materials”). HEDRA makes no representations or warranties regarding the accuracy of the Due Diligence Materials. If Developer so request, HEDRA shall request the preparers of any such surveys, soil tests, environmental reports, and any other studies and/or site analyses to re-issue or re-certify the same for the direct benefit of Developer, at Developer’s expense, so that Developer may rely on such site analyses or surveys as if prepared for Developer in the first instance, but HEDRA makes no representation as to whether any such reissuance or recertification will be available. 4. Developer’s Investigations. For a period of up to the Contingency Date, HEDRA shall allow Developer and Developer’s agents access to the HEDRA Property without charge and at all times for the purpose of Developer’s investigation and testing of the HEDRA Property, VIII-06 5 including surveying and testing of soil and groundwater (“Developer’s Investigations”); provided, however, Developer shall not perform any invasive testing unless (a) HEDRA gives its prior written approval of Developer’s consultant that will perform the testing, which approval shall not be unreasonably withheld, conditioned or delayed, and (b) Developer gives HEDRA reasonable prior notice of such testing. HEDRA shall have the right to accompany Developer during any of Developer’s Investigations of the HEDRA Property. Developer shall provide to HEDRA copies of all third-party, non-confidential written test results and reports conducted as part of Developer’s Investigations. Developer agrees to pay all of the costs and expenses associated with Developer’s Investigations, to cause to be released any lien on the HEDRA Property arising as a result of Developer’s Investigations and to repair and restore, at Developer’s expense, any damage to the HEDRA Property caused by Developer’s Investigations which, however, shall not include any duty by Developer to remediate any pre-existing environmental conditions discovered or disturbed at the HEDRA Property. Developer shall indemnify and hold HEDRA and the HEDRA Property harmless from all costs and liabilities, including, but not limited to, reasonable attorneys’ fees, arising from Developer’s Investigations. The indemnification obligations provided herein shall survive the termination or cancellation of this Agreement. 5. Insurance; Risk of Loss. HEDRA assumes all risk of destruction, loss or damage to the HEDRA Property prior to the Closing Date. If, prior to the Closing Date, all or any portion of the HEDRA Property or access thereto is condemned, taken by eminent domain, or damaged by cause of any nature, HEDRA shall immediately give Developer notice of such condemnation, taking or damage. After receipt of notice of such condemnation, taking or damage (from HEDRA or otherwise), Developer shall have the option (to be exercised in writing within thirty (30) days) either (a) to require HEDRA to (i) convey the HEDRA Property at Closing to Developer in its damaged condition, upon and subject to all of the other terms and conditions of this Agreement without reduction of the Purchase Price, (ii) assign to Developer at Closing all of HEDRA’s right, title and interest in and to any claims HEDRA may have to insurance proceeds, condemnation awards and/or any causes of action with respect to such condemnation or taking of or damage to the HEDRA Property or access thereto, and (iii) pay to Developer at Closing by certified or official bank check all payments made prior to the Closing Date under such insurance policies or by such condemning authorities, or (b) to terminate this Agreement by giving notice of such termination to HEDRA, whereupon this Agreement shall be terminated, and thereafter neither party shall have any further obligations or liabilities to the other, except for such obligations as survive termination of this Agreement. If the right to terminate this Agreement is not exercised in writing within such thirty (30) day period, such right shall be deemed to have been waived. HEDRA shall not designate counsel, appear in, or otherwise act with respect to the condemnation proceedings without Developer’s prior written consent, which consent shall not be unreasonably withheld. 6. Contingencies. 6.1. Developer’s Contingencies. A. Unless waived by Developer in writing, Developer’s obligation to proceed to Closing shall be subject to (a) performance by HEDRA of its obligations hereunder, (b) the continued accuracy of HEDRA’s representations and warranties provided in Section 14.1, and (c) Developer’s satisfaction, in Developer’s sole VIII-06 6 discretion, as to the contingencies described in this Section 6.1 within the time periods set forth below: (1) On or before the Contingency Date, the City has vacated a portion of the right of way between 3rd Street and 4th Street that bisects the HEDRA Property. (2) On or before the Contingency Date, the City has removed all structures from the HEDRA Property. (3) On or before the Contingency Date, Developer shall have determined, in its sole discretion, that it is satisfied with (a) the results of and matters disclosed by Developer’s Investigations, surveys, soil tests, engineering inspections, hazardous substance and environmental reviews of the Property and all other inspections and due diligence regarding the Property, including any Due Diligence Materials. (4) On or before the Contingency Date, Developer shall have determined the acceptability of the Property for its intended use and incidental uses thereto (collectively, the “Proposed Use”). All costs and expenses related to applying for and obtaining any governmental permits and approvals for the Property for the Proposed Use shall be the responsibility of the Developer. (5) On or before the Contingency Date, Developer shall have received tax increment financing from the City. (6) On or before the Contingency Date, Developer shall have obtained all appropriate approvals and permits necessary for the Proposed Use on the Property, which approvals may include, without limitation, platting or replatting, zoning approvals and/or rezoning of the Property, conditional use permits, access permits, signage permits, building permits, required licenses, site plan approvals and architectural approvals (the “Approvals”). All costs and expenses related to the preparation of any documentation necessary to create any plans, specifications or the like shall be the responsibility of the Developer. (7) On or before the Contingency Date, and without limitation of the terms of Section 6.1(A)(3), Developer shall be satisfied that they may develop the Property in accordance with a site plan, architectural plan, building plan, grading and drainage plan and other plans and specifications satisfactory to Developer in their sole discretion. (8) On or before the Contingency Date, Developer shall have satisfied themselves, in Developer’s sole discretion, that access to and from roads and the Property is adequate for the Proposed Use, including without VIII-06 7 limitation, access to the Property from the adjacent road, median cuts and curb cuts. (9) On or before the Contingency Date, Developer shall have satisfied themselves, in Developer’s sole discretion, that water and gas mains, electric power lines, sanitary and storm sewers and other utilities are available to the Property and are adequate for the Proposed Use, such that only service lines must be extended to service the Property for water, gas, electric, sanitary and storm sewer and other utilities. (10) On or before the Closing Date Developer shall have received from Title an irrevocable commitment to issue a title insurance policy for the HEDRA Property in a form and substance satisfactory to Developer in Developer’s sole discretion, not disclosing any encumbrance not acceptable to Developer in Developer’s sole discretion (the “Approved Commitment”). (11) On or before the Closing Date, Developer shall have received from Title an irrevocable commitment to issue a title insurance policy for the HEDRA Property in the form of the Approved Commitment, subject only to such changes in title as are Permitted Encumbrances or as are acceptable to Developer in Developer’s sole discretion. (12) On or before the Closing Date, HEDRA shall have obtained releases of the HEDRA Property from any and all mortgages or other monetary liens affecting any of the HEDRA Property. (13) On or before the Contingency Date, Developer shall review and approve the books and records in HEDRA’s possession, if any, including site plans, surveys, engineering or environmental reports associated with the HEDRA Property. (14) On or before the Contingency Date, Developer shall secure financing that is satisfactory to Developer in Developer’s sole discretion for the purpose of acquiring and constructing the Minimum Improvements for Developer’s intended use. (15) On or before the Closing Date, Developer shall approve the forms of all closing documents. The foregoing contingencies are for Developer’s sole and exclusive benefit and one (1) or more may be waived in writing by Developer in their sole discretion. HEDRA shall reasonably cooperate with Developer’s efforts to satisfy such contingencies, at no out of pocket cost to HEDRA or assumption of any obligation or liability by Developer. Developer shall bear all cost and expense of satisfying Developer’s contingencies. If any of the foregoing contingencies have not been satisfied on or before the applicable date, then this Agreement may be terminated, at Developer’s option, by written notice from VIII-06 8 Developer to HEDRA. Such written notice must be given on or before the applicable date, or Developer’s right to terminate this Agreement pursuant to this Section shall be waived. Upon termination, neither party shall have any further rights or obligations against the other regarding this Agreement or the Property, except for such obligations as survive termination of this Agreement. B. If Developer elects not to exercise any of the contingencies set out herein, such election may not be construed as limiting any representations or obligations of HEDRA set out in this Agreement, including without limitation any indemnity or representations with respect to environmental matters. 6.2. HEDRA’s Contingencies. HEDRA’s obligation to proceed to Closing shall be subject to the satisfaction, on or before to the Closing Date, of each of the following conditions: A. Approval of Sale. HEDRA approving the sale of the HEDRA Property for the Purchase Price at a public hearing. B. Approval of Agreement by the City Council. The City Council approves the Development Agreement. C. Developer Performance. Developer shall have performed and satisfied all agreements, covenants and conditions required pursuant to this Agreement to be performed and satisfied by or prior to the Closing Date. D. Developer’s Representations. All representations and warranties of Developer contained in this Agreement shall be accurate as of the Closing Date. E. No Default. There shall be no uncured default by Developer of any of Developer’s obligations under this Agreement as of the Closing Date. If any contingency contained in this Section has not been satisfied on or before the date described therein, and if no date is specified, then the Closing Date, then this Agreement may be terminated by written notice from HEDRA to Developer and no party shall have any further rights or obligations with respect to this Agreement or the Property, except for such obligations as survive termination of this Agreement. All contingencies in this Section are for the benefit of HEDRA, and HEDRA may in its sole discretion waive any of the conditions precedent set out in this Section by written notice to Developer. 7. Closing. The Closing shall occur on the Closing Date, unless otherwise agreed to by the parties. All documents and instruments required for the Closing shall be delivered to the Title Company prior to or on the Closing Date. HEDRA agrees to deliver legal and actual possession of the HEDRA Property to Developer on the Closing Date. 7.1. HEDRA’s Closing Documents and Deliveries. HEDRA shall execute and/or deliver, as applicable, to Developer the following: VIII-06 9 A. General Warranty Deed. A general warranty deed conveying title to the HEDRA Property to Developer, free and clear of all encumbrances, except the Permitted Encumbrances, in the form attached hereto as Exhibit E. The Deed shall include as a covenant running with the land the condition of Minn. Stat., Sections 469.090 to 469.1082 relating to the use of the HEDRA Property. If the covenant is violated the authority may declare a breach of the covenant and seek a judicial decree from the district court declaring a forfeiture and a cancellation of the Deed. B. Bring Down Certificate. HEDRA shall provide Developer with a certificate certifying that the representations and warranties of HEDRA contained in this Agreement are true as of the Closing Date. C. FIRPTA Affidavit. An affidavit of HEDRA certifying that HEDRA is not a “foreign person”, “foreign partnership”, foreign trust”, “foreign estate” or “disregarded entity” as those terms are defined in Section 1445 of the Internal Revenue Code of 1986, as amended. D. HEDRA’s Affidavit. A standard owner’s affidavit (ALTA form) from HEDRA which may be reasonably required by Title Company to issue an owner’s policy of title insurance with respect to the HEDRA Property with the so-called “standard exceptions” deleted. E. Settlement Statement. A settlement statement with respect to this transaction. F. Copies of Resolutions. HEDRA shall provide Developer with copies of the resolutions for the various HEDRA and/or City public meetings showing HEDRA and/or various City commissions and/or councils have approved this transaction, the Approvals, if required by Title Company. G. General Deliveries. All other documents reasonably determined by Title Company to be necessary to transfer the HEDRA Property to Developer and to evidence that HEDRA (a) has satisfied all monetary indebtedness with respect thereto, (b) has obtained such termination statements or releases from such secured creditors as may be necessary to ensure that the HEDRA Property is subject to no monetary liens, (c) has obtained all consents from third parties necessary to effect HEDRA’s performance of the terms of this Agreement, including, without limitation, the consents of all parties holding an interest in the HEDRA Property, (d) has provided such other documents as are reasonably determined by Title Company to be necessary to issue policies of title insurance to Developer with respect to the HEDRA Property with the so-called “standard exceptions” deleted, and (e) has duly authorized the transactions contemplated hereby. VIII-06 10 7.2. Developer Closing Documents and Deliveries. Developer shall execute and/or deliver, as applicable, to HEDRA the following: A. Payment of Purchase Price. Developer shall pay the Purchase Price on the Closing Date, subject to those adjustments, pro-rations and credits described in this Agreement, in certified funds or by wire transfer pursuant to instructions from HEDRA or Title Company. B. Bring Down Certificate. Developer shall provide HEDRA with a certificate, signed by an authorized officer of Developer, certifying that the representations and warranties of the Developer contained in this Agreement are true as of the Closing Date. C. Settlement Statement. A settlement statement with respect to this transaction. D. FIRPTA Affidavit. An affidavit of Developer certifying that Developer is not a “foreign person,” “foreign partnership,” “foreign trust,” “foreign estate” or “disregarded entity” as those terms are defined in Section 1445 of the Internal Revenue Code of 1986, as amended. E. Developer’s Affidavit. A standard owner’s affidavit (ALTA form) from Developer which may be reasonable required by Title to issue an owner’s policy of title insurance with respect to the HEDRA Property with the so-called “standard exceptions” deleted. F. Evidence of Authority. Developer shall provide HEDRA with copies of the resolutions showing Developer has met with necessary requirements to acquire the HEDRA Property in accordance with this Agreement together with such proceedings, instruments and documents as may be reasonably required Title Company as a condition precedent to issuing the Title Policy in Developer’s name. G. General Deliveries. All other documents reasonably determined by Title Company to be necessary to evidence that Developer has duly authorized the transactions contemplated hereby and evidence the authority of Developer to enter into and perform this Agreement and the documents and instruments required to be executed and delivered by Developer pursuant to this Agreement, or may be required of Developer under applicable law, including any purchaser’s affidavits or revenue or tax certificates or statements. 8. Prorations. HEDRA and Developer agree to the following prorations and allocation of costs regarding this Agreement: 8.1. General real estate taxes applicable to any of the HEDRA Property due and payable in the year of Closing shall be prorated between Developer and HEDRA on a daily basis as of 12:00 a.m. CT on the Closing Date based upon a calendar fiscal year, with VIII-06 11 HEDRA paying those allocable to the period prior to the Closing Date and Developer being responsible for those allocable to the Closing Date and subsequent thereto. HEDRA shall pay in full all special assessments (and charges in the nature of or in lieu of such assessments) levied, pending, postponed or deferred with respect to any of the HEDRA Property as of the Closing Date. Developer shall be responsible for any special assessments that are levied or become pending against the HEDRA Property after the Closing Date, including, without limitation, those related to Developer’s development of the HEDRA Property. 8.2. The Developer may obtain and pay for an ALTA Survey (“ALTA Survey”). 8.3. HEDRA shall pay all title charges for the issuance of the Title Commitment. 8.4. Developer shall pay all premiums for any title insurance policy it desires with respect to the HEDRA Property. 8.5. Developer shall pay all costs of recording the Deed, this Agreement and the Exchange. 8.6. HEDRA shall pay for the cost of recording any other documents necessary to convey the HEDRA Property as required by this Agreement. 8.7. HEDRA shall pay all state deed tax regarding the Deed. 8.8. Developer and HEDRA shall each pay one-half (1/2) of any reasonable closing fee or charge imposed by Title Company. 8.9. Developer shall be solely responsible for any commission agreed upon pursuant to any Listing Agreement it entered. 8.10. HEDRA and Developer shall each pay their own attorneys’ fees incurred in connection with this transaction. 8.11. The obligations set forth in this Section 8 survive the Closing. 9. Title Examination. HEDRA shall, at HEDRA’s expense, provide to Developer a commitment for an owner’s title insurance policy (ALTA Form 2006) issued by Title Company for the HEDRA Property, and copies of all encumbrances described in the commitment (the “Commitment”); and if desired, (ii) Developer shall obtain, at Developer’s expense, an ALTA-certified survey bearing the legal description of the Property, and showing the area, dimensions and location of the Property and the matters shown in the Commitment (the “Survey,” together with the Commitment, shall mean the “Title Evidence”). 9.1. Developer’s Objections. Within ten (10) days after Developer’s receipt of the last of the Title Evidence, Developer may make written objections (“Objections”) to the form or content of the Title Evidence. The Objections may include without limitation, VIII-06 12 any easements, restrictions or other matters which may interfere with the Proposed Use of the Property or matters which may be revealed by the Survey. Any matters reflected on the Title Evidence which are not objected to by Developer within such time period or waived by Developer in accordance with Section 9.2(B) shall be deemed to be Permitted Encumbrances. Notwithstanding the foregoing, the following items shall be deemed Permitted Encumbrances: (a) Covenants, conditions, restrictions (without effective forfeiture provisions) and declarations of record which do not interfere with the Proposed Use, if any; (b) Reservation of minerals or mineral rights by the State of Minnesota, if any; (c) Utility and drainage easements which do not interfere with the Proposed Use; and (d) Applicable laws, ordinances, and regulations. Developer shall have the renewed right to object to the Title Evidence as the same may be revised or endorsed from time to time. 9.2. HEDRA’s Cure. HEDRA shall be allowed twenty (20) days after the receipt of Developer’s Objections to cure the same but shall have no obligation to do so. If such cure is not completed within said period, or if HEDRA elects not to cure such Objections, Developer shall have the option to do any of the following: A. Terminate this Agreement with respect to all of the Property. B. Waive one or more of its objections and proceed to Closing. If Developer so terminates this Agreement, neither HEDRA nor Developer shall be liable to the other for any further obligations under this Agreement (except for such obligations as survive termination of this Agreement). If Developer raises Objections, then the Closing Date shall be extended to a date agreed to by the parties in writing. 10. Construction of Minimum Improvements. 10.1. Construction of Minimum Improvements. No later than January 10, 2022, Developer shall submit Construction Plans to the City. The Construction Plans shall provide for the construction of Minimum Improvements. All Minimum Improvements constructed on the Property shall be constructed, operated and maintained in accordance with the terms of the Construction Plans, this Agreement, the Comprehensive Plan, and all local, Minnesota and federal laws and regulations (including, but not limited to, Environmental Controls and Land Use Regulations). Developer will use commercially reasonable efforts to obtain, or cause to be obtained, in a timely manner, all required permits, licenses and approvals, and will use commercially reasonable efforts to meet, in a timely manner, the requirements of applicable Environmental Controls and Land Use Regulations which must be met before Developer’s Minimum Improvements may be lawfully constructed. 10.2. Grading/Drainage Plan and Easements. Developer shall construct drainage facilities adequate to serve the Minimum Improvements in accordance with the Construction Plans. Developer agrees to grant to the City all easements reasonably necessary for the preservation of the drainage system, for drainage basins, and for utility service as required by the City. The grading and drainage plan shall include any measures VIII-06 13 reasonably necessary to conform to the overall City storm sewer plan, including but not limited to such considerations as lot and building elevations, drainage swales, storm sewer, catch basins, erosion control structures and ponding areas. The grading of the site shall be completed in conformance with the Construction Plans. All storm sewer facilities, sanitary sewer and water lines shall be private unless located within the City’s right of way, in which case, that portion of the facilities shall be public. 10.3. Street Maintenance, Access, and Repair. Developer shall clear, on a daily basis, any soil, earth or debris from the existing streets within or adjacent to this Minimum Improvements resulting from the grading or building on the land within the Minimum Improvements by Developer or its agents, and shall restore to the City’s specifications any gravel base contaminated by mixing construction or excavation debris or earth in it, and repair to the City’s specifications any damage to bituminous surfacing resulting from the use of construction equipment. 10.4. Erosion Control. Developer shall provide and follow a plan for erosion control in accord with the Best Management Practices (BMP) as delineated by the Minnesota Pollution Control Agency. Such plan shall be detailed on the Construction Plans and shall be subject to approval of the City. Developer shall install and maintain such erosion control structures as appear necessary under the Construction Plans or become necessary subsequent thereto. Developer shall be responsible for all damage caused as the result of grading and excavation within the Minimum Improvements including, but not limited to, restoration of existing control structures and clean-up of public right-of-way. As a portion of the erosion control plan, Developer shall re-seed or sod any disturbed areas in accordance with the Construction Plans. 10.5. Zoning; Other Approvals. The parties agree that the development of the Minimum Improvements is in the public interest, will provide significant and important benefits to the City and its residents, and is a desirable and appropriate use of the Property. Developer may elect to seek certain Approvals as defined in Section 6.1(A)(3) in order for Developer to develop the Property for the Proposed Use. HEDRA, at no out-of-pocket cost to HEDRA, or the assumption of any obligations or liabilities by HEDRA, will reasonably cooperate with Developer’s efforts to obtain the Approvals at or prior to Closing. HEDRA hereby grants Developer the right to file and prosecute applications and petitions for the Approvals and any special use permits and variances desired by Developer; provided, however, any land use applications shall (a) be contingent on the occurrence of the Closing and shall not be binding upon HEDRA or the Property unless and until the Closing occurs, or (b) be approved in writing in advance by HEDRA. HEDRA, at no out- of-pocket cost to HEDRA, or the assumption of any obligations or liabilities by HEDRA, agrees to cooperate with Developer in the filing and prosecution of such applications and petitions, including the filing of the same in HEDRA’s name, if required. 10.6. Commencement and Completion of Construction. Subject to Unavoidable Delays, Developer shall commence construction of the Minimum Improvements no later than April 1, 2022. “Commence Construction” shall mean the start of site grading and installation of utilities. Subject to Unavoidable Delays, Developer shall have substantially VIII-06 14 completed the construction of the Minimum Improvements no later than September 30, 2023. All work with respect to the Minimum Improvements to be constructed or provided by Developer on the Property shall be in substantial conformity with the Construction Plans and Developer will not modify the size or exterior appearance of the Minimum Improvements without the consent of HEDRA and the City, which consent shall not be unreasonably withheld. 10.7. Certificate of Completion. A. After substantial completion of the Minimum Improvements in accordance with the Construction Plans and all terms of this Agreement, HEDRA will furnish Developer with a Certificate of Completion in the form of Exhibit D hereto. Such certification by HEDRA shall be a conclusive determination of satisfaction and termination of the agreements and covenants in this Agreement and in the Deed with respect to the obligations of Developer to construct the Minimum Improvements and the dates for the beginning and completion thereof. The Certificate of Completion shall only be issued after issuance of a certificate of occupancy by the City. B. The Certificate of Completion provided for in this Section 10.7 shall be in such form as will enable it to be recorded in the proper county office in Dakota County, Minnesota for the recordation of deeds and other instruments pertaining to the HEDRA Property. If HEDRA shall refuse or fail to provide such certification in accordance with the provisions of this Section 10.7, HEDRA shall, within thirty (30) days after written request by Developer, provide Developer with a written statement, indicating in adequate detail in what respects Developer have failed to complete the Minimum Improvements in accordance with the provisions of the Agreement, or is otherwise in default of a material term of this Agreement, and what measures or acts will be necessary, in the reasonable opinion of HEDRA, for Developer to take or perform in order to obtain such certification. C. Reconstruction of Minimum Improvements. If the Minimum Improvements are damaged or destroyed before completion thereof and issuance of a Certificate of Completion, to the extent payment is actually made to Developer under a valid and collectible insurance policy in connection with such specific claim, issue or matter, Developer agrees, for itself and its successors and assigns, to begin reconstruction of the Minimum Improvements within one (1) year of the date of the damage or destruction. The Minimum Improvements shall be reconstructed in accordance with the approved Construction Plans, or such modifications thereto as may be requested by Developer and approved by HEDRA in accordance with Section 10 of this Agreement, which approval will not be unreasonably withheld. Developer’s obligation to reconstruct the Minimum Improvements pursuant to this Section 10.7(C) shall end when the Certificate of Completion is issued. VIII-06 15 11. Insurance and Condemnation. 11.1. Required Insurance. Developer agrees to provide and maintain or cause its general contractor to provide and maintain at all times during the process of constructing the Minimum Improvements and, from time to time at the request of HEDRA, furnish HEDRA with proof of payment of premiums on: A. Builder’s risk insurance, written on the so-called “Builder’s Risk -- Completed Value Basis,” in an amount equal to one hundred percent (100%) of the insurable value of the Minimum Improvements at the date of completion, and with coverage available in nonreporting form on the so-called “all risk” form of policy; and B. Comprehensive general liability insurance (including operations, contingent liability, operations of subcontractors, completed operations and contractual liability insurance) together with an owner’s contractor’s policy with limits against bodily injury and property damage of not less than $1,000,000 for each occurrence (to accomplish the above required limits, an umbrella excess liability policy may be used); and C. Workers’ compensation insurance, with statutory coverage. The policies of insurance required pursuant to clauses (A) and (B) above shall be in form and content reasonably satisfactory to HEDRA and shall be placed with financially sound and reputable insurers licensed to transact business in Minnesota. The policy of insurance delivered pursuant to clause (A) above shall contain an agreement of the insurer to give not less than thirty (30) days’ advance written notice to HEDRA in the event of cancellation of such policy or change affecting the coverage thereunder. 11.2. Evidence of Insurance. All insurance required in this Section 11.2 shall be taken out and maintained in responsible insurance companies selected by Developer which are authorized under the laws of Minnesota to assume the risks covered thereby. Until the Certificate of Completion is issued, Developer agrees to deposit annually with HEDRA copies of policies evidencing all such insurance, or a certificate or certificates or binders of the respective insurers stating that such insurance is in force and effect. Unless otherwise provided in this Section 11.2, each policy shall contain a provision that the insurer shall not cancel nor materially modify it without giving written notice to Developer and HEDRA at least thirty (30) days before the cancellation or modification becomes effective. Not less than fifteen (15) days prior to the expiration of any policy, Developer shall furnish HEDRA evidence satisfactory to HEDRA that the policy has been renewed or replaced by another policy conforming to the provisions of this Section 11.2, or that there is no necessity therefor under the terms of this Agreement. In lieu of separate policies, Developer may maintain a single policy, blanket or umbrella policies, or a combination thereof, having the coverage required herein, in which event Developer shall deposit with HEDRA a certificate or certificates of the respective insurers as to the amount of coverage in force upon the Minimum Improvements. VIII-06 16 11.3. Condemnation. In the event that title to and possession of the Minimum Improvements or any material part thereof shall be taken in condemnation or by the exercise of eminent domain authority by any governmental body or other person (except HEDRA) after Closing but prior to the Commencement of Construction, as defined in Section 10.6, Developer shall, with reasonable promptness after such taking, notify HEDRA as to the nature and extent of such taking. Upon receipt of any condemnation award and subject to the rights of the first mortgagee, Developer shall use the entire condemnation award to reconstruct the Minimum Improvements (or, in the event only a part of the Minimum Improvements have been taken, then to reconstruct such part) within the Property. 12. Prohibition Against Sale; Encumbrances. 12.1. Prohibition Against Sale of Minimum Improvements for Five (5) Years. Developer represent and agree that their use of the HEDRA Property and other undertakings pursuant to the Agreement, are, and will be, for the purpose of development of the HEDRA Property and not for speculation in land holding. Developer further recognizes that in view of the importance of the construction of the Minimum Improvements on the HEDRA Property to the general welfare of the City and the substantial assistance that has been made available by HEDRA for the purpose of making such development possible, the fact that any act or transaction involving or resulting in a significant change in the identity of Developer are of particular concern to HEDRA. Developer further recognizes that it is because of such qualifications and identity that HEDRA is entering into the Agreement with Developer, and, in so doing, is further willing to accept and rely on the obligations of Developer for the faithful performance of all undertakings and covenants hereby by it to be performed. For the foregoing reasons, Developer represent and agree that, prior to the issuance of the Certificate of Completion, there shall be no sale of the HEDRA Property or the Minimum Improvements by Developer for five (5) years from the Closing Date nor shall Developer suffer any such sale to be made, without the prior written approval of HEDRA. A. As security for the obligations of Developer under this Agreement, Developer represents and agrees that prior to the issuance of the Certificate of Completion, Developer will maintain its existence as a South Dakota limited liability company and shall not consolidate with or merge into another entity and shall not dissolve or otherwise dispose of all or substantially all of its assets except as permitted by this Agreement. Nothing herein shall prevent Developer from selling or issuing additional membership interests in Developer. Developer and any entity succeeding to all or part of Developer’s rights in the Minimum Improvements or any part under this Section (“Successor Developer”) may consolidate with or merge into another entity or sell or otherwise transfer to a company or limited liability company, or other legal entity, or an individual, all or any part of its interest in this Agreement and the Minimum Improvements and thereafter be discharged from liability hereunder to the extent of the interest so transferred, if Developer or such Successor Developer, as applicable, is not in VIII-06 17 default of any of its material obligations under this Agreement, if the transferee company, limited liability company, entity or individual enters into a written agreement assuming all of the obligations of Developer under this Agreement not retained by Developer, if any, with respect and to the extent of the interest so transferred, in form and substance reasonably acceptable to HEDRA, and the transferee company, limited liability company, entity or individual is financially capable of and has experience in performing the obligations of Developer under this Agreement and is approved by HEDRA. In the event of a consolidation, merger or sale in accordance with this subsection, Developer or other transferor shall not be liable for any actions of the Successor Developer or purchaser or have any liability under this Agreement with respect to matters arising subsequent to such consolidation, merger or sale which relate to the interest so transferred. B. Developer or any Successor Developer may not sell, transfer, lease or convey the HEDRA Property and its rights and obligations under this Agreement with respect to such parcel to another entity, whether or not such Successor Developer is under common management and control with Developer, or is related to Developer, except in accordance with the terms of this Agreement. Except as provided in Section 12.1 no such sale, transfer, conveyance or lease shall be effective or recognized for any purpose hereunder, unless: (1) The Successor Developer will assume all of Developer’s obligation under any agreement relative to a credit provider and the Successor Developer is approved by the credit provider and enters into a written assumption agreement reasonably acceptable to the credit provider; and (2) The Successor Developer will assume all of Developer’s financial obligations to HEDRA and the Successor Developer is approved by HEDRA and enters into a written assumption agreement in form and substance reasonably acceptable to HEDRA. 12.2. Limitation Upon Encumbrance of HEDRA Property. Prior to the issuance of the Certificate of Completion, except for financing approved by HEDRA pursuant to Section 6.1(A)(11), Developer agrees not to engage in any financing creating any mortgage or other encumbrance or lien upon the HEDRA Property or the Minimum Improvements, whether by express agreement or operation of law, or suffer any encumbrance or lien to be made on or attached to the HEDRA Property or the Minimum Improvements, other than the liens or encumbrances directly and solely related to construction of the Minimum Improvements and approved by HEDRA, which approval shall not be withheld or delayed unreasonably if HEDRA determines that such lien or encumbrance will not threaten its security in the HEDRA Property or the Minimum Improvements. 13. Events of Default. 13.1. Events of Default Defined. Each and every one of the following shall be an VIII-06 18 Event of Default under this Agreement: A. Failure by HEDRA or Developer to proceed to Closing on the HEDRA Property after compliance with or the occurrence of all conditions precedent to Closing; B. Failure by Developer to commence and complete construction of the Minimum Improvements pursuant to the terms, conditions and limitations of Section 10 of this Agreement, including the timing thereof, unless such failure is caused by an Unavoidable Delay; C. Failure by Developer to pay real estate taxes or special assessments on the HEDRA Property and Minimum Improvements as they become due; D. Use by Developer or others of the Minimum Improvements for purposes other than those contemplated and permitted by this Agreement; E. Transfer or Sale of the HEDRA Property or the Minimum Improvements or any part thereof by Developer in violation of Section 12.1 of this Agreement and without the prior written permission by HEDRA; F. If Developer shall file a petition in bankruptcy, or shall make an assignment for the benefit of its creditors or shall consent to the appointment of a receiver; or G. Failure by any party to observe or perform any material covenant, condition, obligation or agreement on its part to be observed or performed under this Agreement. 13.2. Remedies on Default. Whenever any Event of Default referred to in Section 13.1 of this Agreement occurs, the non-defaulting party may take any one or more of the following actions after providing thirty (30) days’ written notice to the defaulting party of the Event of Default, but only if the Event of Default has not been cured within said thirty (30) days or, if the Event of Default is by its nature incurable within thirty (30) days, the defaulting party does not provide assurances to the non-defaulting party reasonably satisfactory to the non-defaulting party that the Event of Default will be cured and will be cured as soon as reasonably possible: A. Suspend its performance under this Agreement, including refusing to close on the HEDRA Property, until it receives assurances from the defaulting party, deemed adequate by the non-defaulting party, that the defaulting party will cure its default and continue its performance under this Agreement; B. Terminate or rescind this Agreement; C. If the default occurs prior to completion of the Minimum VIII-06 19 Improvements and remains uncured following the cure period, HEDRA may withhold the Certificate of Completion; D. Take whatever action, including legal or administrative action, which may appear necessary or desirable to the non-defaulting party to collect any payments due under this Agreement, or to enforce performance and observance of any obligation, agreement, or covenant of the defaulting party under this Agreement. 13.3. Revesting Title in HEDRA on Failure to Commence Construction Subsequent to Conveyance to Developer. Pursuant to Minn. Stat. §469.105 subd. 5, if Developer fails to commence construction pursuant to this Agreement within one (1) year from the Closing Date, HEDRA shall have the right to re-enter and take possession of the HEDRA Property and to terminate the estate conveyed in the Deed to Developer, it being the intent of this provision that the conveyance of the HEDRA Property to Developer shall be made upon and a deed containing a condition subsequent to the effect that in the event that Developer fails to commence construction pursuant to this Agreement and fails to request and receive additional time for commencement, HEDRA at is option, may declare a termination in favor of HEDRA of the title and of all the rights and interests in and to the HEDRA Property conveyed to Developer. In such circumstances, all title, rights and interests of Developer and any assigns or successors in interest to and in the HEDRA Property, shall revert to HEDRA. If Developer does commence construction pursuant to this Agreement within one year from the Closing Date, a Release of Right to Re-enter and Revest shall be filed with Office of the County Recorder in and for the County of Dakota and State of Minnesota memorializing the commencement of Minimum Improvements and releasing Developer from HEDRA’s right to re-enter and take possession of the parcel and to terminate the estate conveyed in the Deed to Developer pursuant to Minn. Stat. §469.105, subd. 5, although all additional covenants and provisions of this Agreement and the Deed shall remain in effect. 13.4. Resale of Reacquired HEDRA Property; Disposition of Proceeds. Upon the revesting in HEDRA of title to and/or possession of the HEDRA Property or any part thereof as provided above, HEDRA shall, pursuant to its responsibilities under law, use its best efforts to sell the HEDRA Property or part thereof as soon and in such manner as HEDRA shall find feasible to a qualified and responsible party, who will assume the obligation of making or completing Minimum Improvements or such other improvements in their stead as shall be satisfactory to HEDRA in accordance with the uses specified for such parcel or part thereof. During any time while HEDRA has title to and/or possession of a parcel obtained by reverter, HEDRA will not disturb the rights of any tenants under any leases encumbering such parcel. Upon resale of the HEDRA Property or any part thereof, the proceeds thereof shall be applied: A. First, to reimburse HEDRA for all reasonable costs and expenses incurred by HEDRA, including but not limited to brokerage fees, all taxes, assessments and water and sewer charges accrued with respect to the HEDRA Property or part thereof prior to revesting of title; any payments made or necessary VIII-06 20 to be made to discharge any encumbrances or liens existing on the HEDRA Property or part thereof at the time of revesting of title thereto in HEDRA or to discharge or prevent from attaching or being made any subsequent encumbrances or liens due to obligations, defaults or acts of Developer, or Successor Developer; any expenditures made or obligations incurred by HEDRA with respect to the making or completion of the Minimum Improvements; and any amounts otherwise owing HEDRA by Developer or its Successor Developer; and B. Second, to reimburse Developer or Successor Developer, up to the amount equal to (i) the Purchase Price paid by Developer; plus (ii) the amount actually invested by it in making any of the subject improvements on the HEDRA Property or part thereof, less (iii) any gains or income withdrawn or made by it from the Agreement or the HEDRA Property. C. Any balance remaining after such reimbursements shall be retained by HEDRA as its property. Nothing in this Section 13 shall in any way affect or diminish Developer’s right to terminate this Agreement in accordance with Section 6.1. 13.5. No Remedy Exclusive. No right or remedy herein conferred upon or reserved to the parties is intended to be exclusive of any other available right or remedy herein or provided by law, but each and every such remedy shall be cumulative and shall be in addition to every other right or remedy given under this Agreement or now or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. In order to entitle HEDRA or Developer to exercise any remedy reserved to it, it shall not be necessary to give notice, other than such notice as may be required in Section 13.2 of this Agreement. 13.6. No Additional Waiver Implied by One Waiver. In the event any covenant or agreement contained in this Agreement should be breached by either party and thereafter waived by the other party, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other concurrent, previous or subsequent breach hereunder. 14. Warranties and Representations. 14.1. By HEDRA. HEDRA warrants and represents the following to Developer, and acknowledges that Developer has relied on such representations and warranties in agreeing to enter into this Agreement: A. This Agreement has been duly executed and delivered and constitutes the legal, valid and binding obligation of HEDRA enforceable in accordance with its terms. HEDRA has been duly formed under the laws of the VIII-06 21 State of Minnesota and is in good standing under the laws of the jurisdiction in which the HEDRA Property is located, is duly qualified to transact business in the jurisdiction in which the HEDRA Property is located, and has the requisite power and authority to enter into and perform this Agreement and the documents and instruments required to be executed and delivered by HEDRA pursuant hereto. This Agreement and the documents and instruments required to be executed and delivered by HEDRA pursuant hereto have each been duly authorized by all necessary action on the part of HEDRA and such execution, delivery and performance does and will not conflict with or result in a violation of HEDRA’s organizational agreement or any judgment or order. B. The execution, delivery and performance by HEDRA of this Agreement will not (a) violate any provision of any law, statute, rule or regulation or any order, writ, judgment, injunction, decree, determination or award of any court, governmental agency or arbitrator presently in effect having applicability to HEDRA, or (b) result in a breach of or constitute a default under any indenture, loan or credit agreement or any other agreement, lease or instrument to which HEDRA is a party or by which it or any of its properties may be bound. C. To HEDRA’s knowledge, except as contemplated herein, no order, consent, approval, license, authorization or validation of, or filing, recording or registration with, or exemption by, any governmental or public body or authority, or any other entity, is required on the part of HEDRA to authorize, or is required in connection with, the execution, delivery and performance of, or the legality, validity, binding effect or enforceability of, this Agreement, except for Developer obtaining all the Approvals. D. To HEDRA’s knowledge, there are no actions, suits or proceedings pending or threatened against or affecting HEDRA or any of its properties, before any court or arbitrator, or any governmental department, board, agency or other instrumentality which in any of the foregoing (a) challenges the legality, validity or enforceability of this Agreement, or (b) if determined adversely to HEDRA, would have a material adverse effect on the ability of HEDRA to perform its obligations under this Agreement. E. HEDRA has not received written notice, and has no knowledge, of (a) any pending or contemplated annexation or condemnation proceedings, or purchase in lieu of the same, affecting or which may affect all or any part of the HEDRA Property, (b) any proposed or pending proceeding to change or redefine the zoning classification of all or any part of the HEDRA Property, (c) any proposed changes in any road patterns or grades which would adversely and materially affect access to the roads providing a means of ingress or egress to or from all or any part of the HEDRA Property, or (d) any uncured violation of any legal requirement, restriction, condition, covenant or agreement affecting all or any part of the HEDRA Property or the use, operation, maintenance or management of all or any part of the HEDRA Property. VIII-06 22 F. To HEDRA’s knowledge, there are no wells or sewage treatment systems located on any portion of the HEDRA Property. To HEDRA’s knowledge, there has been no methamphetamine production on or about any portion of the HEDRA Property. To HEDRA’s knowledge, the sewage generated by the HEDRA Property, if any, goes to a facility permitted by the Minnesota Pollution Control Agency and there is no “individual sewage treatment system” (as defined in Minn. Stat. § 115.55, Subd. 1(g)) located on the HEDRA Property. G. HEDRA is not a “foreign person,” “foreign corporation,” “foreign trust,” “foreign estate” or “disregarded entity” as those terms are defined in Section 1445 of the Internal Revenue Code. H. To HEDRA’s knowledge, except as may be disclosed as part of the Due Diligence Materials, (i) no condition exists on the HEDRA Property that may support a claim or cause of action under any Environmental Law (as defined below) and there are no Hazardous Substances (as defined below) on the HEDRA Property, (ii) there has been no release, spill, leak or other contamination or otherwise onto the HEDRA Property, and (iii) there are no restrictions, clean ups or remediation plans regarding the HEDRA Property. To HEDRA’s knowledge, except as may be disclosed as part of the Due Diligence Materials, there is no buried waste or debris on any portion of the HEDRA Property. “Environmental Law” shall mean (a) the Comprehensive Environmental Response Compensation and Liability Act of 1980, 42 U.S.C. § 9601-9657, as amended, or any similar state law or local ordinance, (b) the Resource Conservation and Recovery Act of 1976, 42 U.S.C. § 6901, et seq., (c) the Federal Water Pollution Control Act, 33 U.S.C. § 1251 et seq., (d) the Clean Air Act, 42 U.S.C. § 7401, et seq., (e) the Toxic Substances Control Act, 15 U.S.C. § 2601 et seq., (f) the Safe Drinking Water Act, 42 U.S.C. § 300(f) et seq., (g) any law or regulation governing aboveground or underground storage tanks, (h) any other federal, state, county, municipal, local or other statute, law, ordinance or regulation, including, without limitation, the Minnesota Environmental Response and Liability Act, Minn. Stat. § 115B.01, et seq., (i) all rules or regulations promulgated under any of the foregoing, and (j) any amendments of the foregoing. “Hazardous Substances” shall mean polychlorinated biphenyls, petroleum, including crude oil or any fraction thereof, petroleum products, heating oil, natural gas, natural gas liquids, liquefied natural gas or synthetic gas usable for fuel, and shall include, without limitation, substances defined as “hazardous substances,” “toxic substances,” “hazardous waste,” “pollutants or contaminants” or similar substances under any Environmental Law. I. To HEDRA’s knowledge, there are no leases, tenancies unrecorded agreements or other contracts of any nature or type relating to, affecting or serving the HEDRA Property that will not be terminated as of the Closing Date. J. There will be no indebtedness or sums due attributable to the HEDRA Property which will remain unpaid after the Closing Date. VIII-06 23 As used in this Agreement, the term “to HEDRA’s knowledge” shall mean and refer to only the current actual knowledge of the designated representative of HEDRA and shall not be construed to refer to the knowledge of any other partner, officer, manager, member, director, agent, authorized person, employee or representative of HEDRA, or any affiliate of HEDRA, or to impose upon such designated representative any duty to investigate the matter to which such actual knowledge or the absence thereof pertains, or to impose upon such designated representative any individual personal liability. As used herein, the term “designated representative” shall refer to HEDRA’s Director. The representations, warranties and other provisions of this Section 14.1 shall survive Closing; provided, however, HEDRA shall have no liability with respect to any breach of a particular representation or warranty if Developer shall fail to notify HEDRA in writing of such breach within two (2) years after the Closing Date, and provided further that HEDRA shall have no liability with respect to a breach of the representations and warranties set forth in this Agreement if Developer has actual knowledge of HEDRA’s breach thereof prior to Closing and Developer consummates the acquisition of the HEDRA Property as provided herein. Developer acknowledges and agrees that, except as expressly specified in this Agreement and/or in any documents executed and delivered by HEDRA at Closing, HEDRA has not made, and HEDRA hereby specifically disclaims, any representation, warranty or covenant of any kind, oral or written, expressed or implied, or rising by operation of law, with respect to the HEDRA Property, including but not limited to, any warranties or representations as to the habitability, merchantability, fitness for a particular purpose, title, zoning, tax consequences, physical or environmental condition, utilities, valuation, governmental approvals, the compliance of the HEDRA Property with governmental laws, the truth, accuracy or completeness of any information provided by or on behalf of HEDRA to Developer, or any other matter or item regarding the HEDRA Property. Developer agrees that except as expressly specified in this Agreement and/or in any documents executed and delivered by HEDRA at Closing, Developer shall accept the HEDRA Property and acknowledges that the sale of the HEDRA Property as provided for herein is made by HEDRA on an “AS IS,” “WHERE IS,” and “WITH ALL FAULTS” basis. Developer is an experienced purchaser of property such as the HEDRA Property and Developer has made or will make its own independent investigation of the Property. The limitations set forth in this paragraph shall survive the Closing and shall not merge in the Deed. 14.2. By Developer. Developer warrants and represents the following to HEDRA, and acknowledges that HEDRA has relied on such representations and warranties in agreeing to enter into this Agreement: A. Developer is a limited liability company, duly organized and in good standing under the laws of the state of South Dakota and is not in violation of any provisions of its company documents or its operating agreement. Developer has all requisite authority to enter into this Agreement and to perform all of its obligations under this Agreement. VIII-06 24 B. The execution, delivery and performance by Developer of this Agreement will not (a) violate any provision of any law, statute, rule or regulation or any order, writ, judgment, injunction, decree, determination or award of any court, governmental agency or arbitrator presently in effect having applicability to Developer, (b) violate or contravene any provision of the articles of organization or bylaws of Developer, or (c) result in a breach of or constitute a default under any indenture, loan or credit agreement or any other agreement, lease or instrument to which Developer is a party or by which it or any of its properties may be bound. C. Developer have received no notice or communication from any local, state or federal official that the activities of the Developer or HEDRA on the HEDRA Property may be or will be in violation of any environmental law or regulation. Developer is aware of no facts, the existence of which would cause it to be in violation of any local, state, or federal environmental law, regulation or review procedure or which give any person a valid claim under any of the foregoing. D. Developer will complete the Minimum Improvements in accordance with all local, state, federal laws or regulations. E. Developer will obtain, in a timely manner, all required permits, licenses, insurance, and approvals, and will meet, in a timely manner, all requirements of all applicable local, state, and federal laws and regulations which must be obtained or met before the Minimum Improvements may be lawfully constructed or acquired. F. Developer shall have satisfied the terms and conditions contained in this Agreement prior to the Closing Date or posted surety bonds for future fulfillment of all requirements contained in this Agreement. G. Developer shall cooperate with HEDRA with respect to any litigation, other than litigation in which HEDRA and Developer are adverse parties, commenced with respect to the Minimum Improvements. H. Whenever any Event of Default occurs and HEDRA employs attorneys or incurs other expenses for the collection of payments due or to become due or for the enforcement or performance or observance of any obligation or agreement on the part of Developer under this Agreement, Developer agree that Developer shall, within ten (10) days of written demand by HEDRA, pay to HEDRA the reasonable fees for attorneys and consultants and other expenses so incurred by HEDRA, including those costs incurred in the negotiation, preparation and implementation of this Agreement. The requirements of this provision shall survive any termination of this Agreement. The representations, warranties and other provisions of this Section 14.2 shall survive Closing. VIII-06 25 15. Other Obligations of Developer. 15.1. Building Permit Fees. Developer acknowledges that building permit fees will be payable by Developer or Successor Developer for Minimum Improvements. 15.2. Administrative Costs. HEDRA has incurred and will continue to incur administrative costs in reviewing, analyzing, negotiating and studying the Minimum Improvements and this Agreement. In consideration of the time, effort and expenses to be incurred in pursuing the undertakings set forth herein, on or before execution of this Agreement, Developer agrees to pay a $600 deposit for the costs of certain consulting fees, including planning, financial, attorneys, engineering, testing and any special meetings. If the obligations of Developer under this Agreement result in a complete depletion of the $600 cash deposit, then the balance owed shall be due and payable at Closing. If, after completion of the tasks contemplated by this Agreement and if, after appropriate payment to HEDRA, there remains on deposit any sum, then such sum shall be paid over to Developer by HEDRA within 30 days after such completion and payment. If Developer terminates this Agreement because of HEDRA’s default, Developer shall be entitled to payment of any remaining balance. If HEDRA terminates this Agreement because of Developer’s default, the deposit shall be retained by HEDRA. 15.3. Miscellaneous Requirements. Any additional requirements as specified by HEDRA are incorporated herein. 15.4. Developer Fees. On or before issuance by the City of a building permit to Developer, Developer shall pay all development fees, administrative costs and provide a landscaping letter of credit in the amount of 150% of the value of the landscaping improvements. Upon completion of the landscaping improvements and approval by the City, the letter of credit shall be reduced to 50% of the initial value and retained for a one- year warranty period. Upon completion of the one-year warranty period the City will reinspect the landscaping improvements, at which time the letter of credit can be released upon final approval by the City. 16. Additional Provisions. 16.1. Commissions. Each party represents that all negotiations on its behalf relative to this Agreement and the transactions contemplated by this Agreement have been carried on directly between the parties, without the intervention of any party as broker, finder or otherwise, and that there are no claims for brokerage commissions or finders’ fees in connection with the execution of this Agreement. 16.2. Notice. Except as otherwise provided in this Agreement, any notice to be given by one party hereto shall be personally delivered (including messenger delivery) or be sent by registered or certified mail, or by a nationally recognized overnight courier which issues a receipt, in each case postage prepaid, to the other party at the addresses in this Section (or to such other address as may be designated by notice given pursuant to this VIII-06 26 Section), and shall be deemed given upon personal delivery, three (3) days after the date postmarked or one (1) business day after delivery to such overnight courier. If to HEDRA: Hastings Economic Development and Redevelopment Authority Attn: John Hinzman 101 4th Street East Hastings, MN 55033 with a copy to: Korine L. Land LeVander, Gillen & Miller, P.A. 633 South Concord Street, Suite 400 South St. Paul, MN 55075 If to Developer: NJS Development LLC Attn: Nathan Stencil P.O. Box 89624 Sioux Falls, SD 57109 16.3. HEDRA Representatives Not Individually Liable. No member, official, or employee of HEDRA shall be personally liable to Developer, or any successor in interest, in the event of any default or breach by HEDRA or for any amount which may become due to Developer or successor or on any obligations under the terms of the Agreement. 16.4. Restrictions on Use. Developer, for itself and its successors and assigns, agrees to devote the Property and Minimum Improvements only to such land use or uses as may be permissible under the City’s land use regulations. 16.5. Entire Agreement; Modification. This written Agreement constitutes the complete agreement between the parties with respect to this transaction and supersedes any prior oral or written agreements between the parties regarding this transaction. There are no verbal agreements that change this Agreement and no waiver of any of its terms will be effective unless in writing executed by the parties. 16.6. Binding Effect; Survival. The provisions of this Agreement and the representations, warranties and indemnities contained herein shall survive the execution and delivery of the Deed and the conveyance thereunder, shall not be merged therein, and shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. 16.7. Disclaimer of Relationships. Developer acknowledge that nothing contained in this Agreement nor any act by HEDRA or Developer shall be deemed or construed by Developer or by any third person to create any relationship of third-party beneficiary, principal and agent, limited or general partner, or joint venture between HEDRA and Developer. VIII-06 27 16.8. Developer’s Assignment. Developer may assign this Agreement with the prior written consent of HEDRA. No assignment shall relieve Developer from its obligations under this Agreement. 16.9. Governing Law. The provisions of this Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. 16.10. Rules of Interpretation. The words “herein” and “hereof” and words of similar import, without reference to any particular section or subdivision, refer to this Agreement as a whole rather than any particular section or subdivision hereof. References herein to any particular section or subdivision hereof are to the section or subdivision of this Agreement as originally executed. 16.11. Counterparts; Facsimiles. This Agreement may be executed in any number of counterparts, and all of the signatures to this Agreement taken together shall constitute one and the same agreement, and any of the parties hereto may execute such agreement by signing any such counterpart. Facsimile or “PDF” signatures on this Agreement shall be treated as originals until the actual original signatures are obtained. 16.12. Represented by Counsel. Each party confirms that it has had the opportunity to be represented and advised by counsel in this transaction. 16.13. Titles of Sections. Any titles of the sections, or any subsections, of the Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. 16.14. Recording. The parties agree that this document shall be recorded against the Property at the Dakota County Recorder’s Office. 16.15. Time of the Essence. Time is of the essence of this Agreement. 16.16. Like Kind Exchange. Developer may consummate the purchase or sale of the HEDRA Property as part of a like kind exchange (the “Exchange”) pursuant to §1031 of the Internal Revenue Code of 1986, as amended (the “Code”), provided that: (i) the Closing shall not be delayed or affected by reason of the Exchange nor shall the consummation or accomplishment of the Exchange be a condition precedent or condition subsequent to either party’s obligations under this Agreement; (ii) the Developer shall effect the Exchange through an assignment of this Agreement, or its rights under this Agreement, to a qualified intermediary; and (iii) HEDRA shall not be required to take an assignment of the Agreement for the relinquished property or be required to acquire or hold title to any real property for purposes of consummating the Exchange. HEDRA shall not by this Agreement or acquiescence to the Exchange (1) have its rights under this Agreement affected or diminished in any manner or (2) be responsible for compliance with or be deemed to have warranted to the Developer that the Exchange in fact complies with §1031 of the Code. VIII-06 28 IN AGREEMENT, the parties hereto have hereunto set their hands as of the Effective Date. HEDRA: HASTINGS ECONOMIC DEVELOPMENT AND REDEVELOPMENT AUTHORITY By ________________________________ Dennis Peine Its President By ________________________________ Eric Maass Its Secretary STATE OF MINNESOTA ) ) ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this ____ day of ____________, 2021 by Dennis Peine and Eric Maass, the President and Secretary respectively, of the Hastings Economic Development and Redevelopment Authority, a public body corporate and politic organized and existing under the Constitution and laws of Minnesota, on behalf of HEDRA. Notary Public VIII-06 29 CITY: CITY OF HASTINGS By: Mary Fasbender Its Mayor By: Kelly Murtaugh Its City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF DAKOTA ) On this ___ day of ______________________, 2021, before me a Notary Public within and for said County, personally appeared Mary Fasbender and Kelly Murtaugh, to me personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and City Clerk of the City of Hastings, the municipality named in the foregoing instrument, and that the seal affixed to said instrument was signed and sealed on behalf of said municipality by authority of its City Council and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipality. Notary Public VIII-06 30 DEVELOPER: NJS DEVELOPMENT LLC By Its: STATE OF ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this ____ day of __________________, 2021 by ______________________, the ______________________ of NJS Development LLC, a South Dakota limited liability company, on behalf of said limited liability company. Notary Public This instrument was drafted by and after recording return to: Korine L. Land, #262432 LeVander, Gillen & Miller, P.A. 633 South Concord Street, Suite 400 South St. Paul, MN 55075 651-451-1831 VIII-06 A-1 EXHIBIT A LEGAL DESCRIPTION OF HEDRA PROPERTY Real property in Dakota County, Minnesota legally described as follows: PID: 19-32150-17-020 (Abstract Property) All of Lot One (1), Block Seventeen (17) in the Town of Hastings, excepting therefrom, however, all that portion lying northeasterly of a line 25 feet southwesterly of, measured at right angles and parallel with, the centerline of Chicago, Milwaukee, St. Paul, and Pacific Railroad Company’s spur track as now there laid across Bailey Street in said Town of Hastings, Dakota County, Minnesota; and ALSO All of Lot Two (2), Block Seventeen (17), Town of Hastings, excepting therefrom the West two-thirds (W 2/3) of the North half (N 1/2) of said Lot Two (2) and further excepting therefrom the West one-third (W 1/3) of the South half (S 1/2) of said Lot Two (2), Town of Hastings, Dakota County, Minnesota. PID: 19-32150-17-021 (Abstract Property) The North 1/2 of the West 1/2 of the East 2/3 of Lot 2 and the West 1/3 of Lot 2, Block 17, Town of Hastings, Dakota County, Minnesota. PID: 19-32150-17-080 (Abstract Property) Lots 7 and 8, Block 17, Town of Hastings, Dakota County, Minnesota. AFTER VACATION OCCURS, THE LEGAL DESCRIPTION WILL BE: Real property in Dakota County, Minnesota legally described as follows: PID: 19-32150-17-020 (Abstract Property) All of Lot One (1), Block Seventeen (17) in the Town of Hastings, excepting therefrom, however, all that portion lying northeasterly of a line 25 feet southwesterly of, measured at right angles and parallel with, the centerline of Chicago, Milwaukee, St. Paul, and Pacific Railroad Company’s spur track as now there laid across Bailey Street in said Town of Hastings, Dakota County, Minnesota; and ALSO All of Lot Two (2), Block Seventeen (17), Town of Hastings, excepting therefrom the West two-thirds (W 2/3) of the North half (N 1/2) of said Lot Two (2) and further excepting therefrom the VIII-06 A-2 West one-third (W 1/3) of the South half (S 1/2) of said Lot Two (2), Town of Hastings, Dakota County, Minnesota, together with those parts vacated and accruing thereto by virtue of the vacations thereof. PID: 19-32150-17-021 (Abstract Property) The North 1/2 of the West 1/2 of the East 2/3 of Lot 2 and the West 1/3 of Lot 2, Block 17, Town of Hastings, Dakota County, Minnesota, together with those parts vacated and accruing thereto by virtue of the vacations thereof. PID: 19-32150-17-080 (Abstract Property) Lots 7 and 8, Block 17, Town of Hastings, Dakota County, Minnesota, together with those parts vacated and accruing thereto by virtue of the vacations thereof. VIII-06 B-1 EXHIBIT B LEGAL DESCRIPTION OF PROPERTY Real property in Dakota County, Minnesota legally described as follows: PID: 19-32150-17-030 (Abstract Property) Lot Three (3) in Block Seventeen (17) in the Town (now city) of Hastings, according to the plat thereof now on file and of record in the office of the County Recorder in and for Dakota County, Minnesota. PID: 19-32150-17-020 (Abstract Property) All of Lot One (1), Block Seventeen (17) in the Town of Hastings, excepting therefrom, however, all that portion lying northeasterly of a line 25 feet southwesterly of, measured at right angles and parallel with, the centerline of Chicago, Milwaukee, St. Paul, and Pacific Railroad Company’s spur track as now there laid across Bailey Street in said Town of Hastings, Dakota County, Minnesota; and ALSO All of Lot Two (2), Block Seventeen (17), Town of Hastings, excepting therefrom the West two- thirds (W 2/3) of the North half (N 1/2) of said Lot Two (2) and further excepting therefrom the West one-third (W 1/3) of the South half (S 1/2) of said Lot Two (2), Town of Hastings, Dakota County, Minnesota. PID: 19-32150-17-021 (Abstract Property) The North 1/2 of the West 1/2 of the East 2/3 of Lot 2 and the West 1/3 of Lot 2, Block 17, Town of Hastings, Dakota County, Minnesota. PID: 19-32150-17-080 (Abstract Property) Lots 7 and 8, Block 17, Town of Hastings, Dakota County, Minnesota. AFTER VACATION OCCURS, THE LEGAL DESCRIPTION WILL BE: Real property in Dakota County, Minnesota legally described as follows: PID: 19-32150-17-030 (Abstract Property) Lot Three (3) in Block Seventeen (17) in the Town (now city) of Hastings, according to the plat thereof now on file and of record in the office of the County Recorder in and for Dakota County, Minnesota. VIII-06 B-2 PID: 19-32150-17-020 (Abstract Property) All of Lot One (1), Block Seventeen (17) in the Town of Hastings, excepting therefrom, however, all that portion lying northeasterly of a line 25 feet southwesterly of, measured at right angles and parallel with, the centerline of Chicago, Milwaukee, St. Paul, and Pacific Railroad Company’s spur track as now there laid across Bailey Street in said Town of Hastings, Dakota County, Minnesota; and ALSO All of Lot Two (2), Block Seventeen (17), Town of Hastings, excepting therefrom the West two-thirds (W 2/3) of the North half (N 1/2) of said Lot Two (2) and further excepting therefrom the West one-third (W 1/3) of the South half (S 1/2) of said Lot Two (2), Town of Hastings, Dakota County, Minnesota, together with those parts vacated and accruing thereto by virtue of the vacations thereof. PID: 19-32150-17-021 (Abstract Property) The North 1/2 of the West 1/2 of the East 2/3 of Lot 2 and the West 1/3 of Lot 2, Block 17, Town of Hastings, Dakota County, Minnesota, together with those parts vacated and accruing thereto by virtue of the vacations thereof. PID: 19-32150-17-080 (Abstract Property) Lots 7 and 8, Block 17, Town of Hastings, Dakota County, Minnesota, together with those parts vacated and accruing thereto by virtue of the vacations thereof. VIII-06 C-1 EXHIBIT C MINIMUM IMPROVEMENTS The Construction Plans, as amended and approved by the City, on file with the City. VIII-06 D-1 EXHIBIT D FORM OF CERTIFICATE OF COMPLETION WHEREAS, the Hastings Economic Development and Redevelopment Authority (the “Grantor”), by a deed dated _____________, _________, and recorded in the office of the County Recorder in Dakota County, Minnesota, as Document No. ________________, has conveyed to NJS Development LLC, a South Dakota limited liability company (the “Grantee”), the following described land in County of Dakota and State of Minnesota, to-wit: PID: 19-32150-17-020 (Abstract Property) All of Lot One (1), Block Seventeen (17) in the Town of Hastings, excepting therefrom, however, all that portion lying northeasterly of a line 25 feet southwesterly of, measured at right angles and parallel with, the centerline of Chicago, Milwaukee, St. Paul, and Pacific Railroad Company’s spur track as now there laid across Bailey Street in said Town of Hastings, Dakota County, Minnesota; and ALSO All of Lot Two (2), Block Seventeen (17), Town of Hastings, excepting therefrom the West two-thirds (W 2/3) of the North half (N 1/2) of said Lot Two (2) and further excepting therefrom the West one-third (W 1/3) of the South half (S 1/2) of said Lot Two (2), Town of Hastings, Dakota County, Minnesota, together with those parts vacated and accruing thereto by virtue of the vacations thereof. PID: 19-32150-17-021 (Abstract Property) The North 1/2 of the West 1/2 of the East 2/3 of Lot 2 and the West 1/3 of Lot 2, Block 17, Town of Hastings, Dakota County, Minnesota, together with those parts vacated and accruing thereto by virtue of the vacations thereof. PID: 19-32150-17-080 (Abstract Property) Lots 7 and 8, Block 17, Town of Hastings, Dakota County, Minnesota, together with those parts vacated and accruing thereto by virtue of the vacations thereof. (the “Deed”); and WHEREAS, said Deed was executed pursuant to that certain Development Agreement by and between the Grantor and Grantee, dated _________________, ___________and recorded in the office of the County Recorder in Dakota County, Minnesota, as Document No. ________________, which Development Agreement contained certain covenants and restrictions regarding completion of the Minimum Improvements; and VIII-06 D-2 WHEREAS, said Grantee has performed said covenants and conditions in a manner deemed sufficient by the Grantor to permit the execution and recording of this certification. NOW, THEREFORE, this is to certify that all construction of the Minimum Improvements specified to be done and made by the Grantee has been completed and the covenants and conditions in the Development Agreement have been performed by the Grantee therein, and the County Recorder in Dakota County, Minnesota, are hereby authorized to accept for recording and to record the filing of this instrument, to be a conclusive determination of the satisfactory termination of the covenants and conditions relating to completion of the Minimum Improvements and the removal of the conditions, restrictions and limitations found in Sections 1 and 2 of the Deed. Dated: ______________, ____. HEDRA: HASTINGS ECONOMIC DEVELOPMENT AND REDEVELOPMENT AUTHORITY By ________________________________ Dennis Peine Its President By ________________________________ Eric Maass Its Secretary STATE OF MINNESOTA ) ) ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this ____ day of ____________, 2021 by Dennis Peine and Eric Maass, the President and Secretary respectively, of the Hastings Economic Development and Redevelopment Authority, a public body corporate and politic organized and existing under the Constitution and laws of Minnesota, on behalf of HEDRA. Notary Public This instrument was drafted by and after recording return to: Korine L. Land, #262432 LeVander, Gillen & Miller, P.A. 633 South Concord Street, Suite 400 South St. Paul, MN 55075 651-451-1831 VIII-06 E-1 EXHIBIT E FORM OF DEED WARRANTY DEED eCRV number: DEED TAX DUE: $ DATE: THIS INDENTURE, between the Hastings Economic Development and Redevelopment Authority, a public body corporate and politic organized and existing under the constitution and laws of Minnesota (the “Grantor”), and NJS Development LLC, a South Dakota limited liability company (the “Grantee”). WITNESSETH, that Grantor, in consideration of the sum of $175,000.00 and other good and valuable consideration, the receipt whereof is hereby acknowledged, does hereby grant, bargain, warrant and convey to the Grantee, its heirs, successors and assigns forever, all the tract or parcel of land lying and being in the County of Dakota and State of Minnesota described as follows, to-wit (such tract or parcel of land is hereinafter referred to as the “Property”): PID: 19-32150-17-020 (Abstract Property) All of Lot One (1), Block Seventeen (17) in the Town of Hastings, excepting therefrom, however, all that portion lying northeasterly of a line 25 feet southwesterly of, measured at right angles and parallel with, the centerline of Chicago, Milwaukee, St. Paul, and Pacific Railroad Company’s spur track as now there laid across Bailey Street in said Town of Hastings, Dakota County, Minnesota; and ALSO All of Lot Two (2), Block Seventeen (17), Town of Hastings, excepting therefrom the West two-thirds (W 2/3) of the North half (N 1/2) of said Lot Two (2) and further excepting therefrom the West one-third (W 1/3) of the South half (S 1/2) of said Lot Two (2), Town of Hastings, Dakota County, Minnesota, together with those parts vacated and accruing thereto by virtue of the vacations thereof. PID: 19-32150-17-021 (Abstract Property) The North 1/2 of the West 1/2 of the East 2/3 of Lot 2 and the West 1/3 of Lot 2, Block 17, Town of Hastings, Dakota County, Minnesota, together with those parts vacated and accruing thereto by virtue of the vacations thereof. PID: 19-32150-17-080 (Abstract Property) VIII-06 E-2 Lots 7 and 8, Block 17, Town of Hastings, Dakota County, Minnesota, together with those parts vacated and accruing thereto by virtue of the vacations thereof. To have and to hold the same, together with all the hereditaments and appurtenances thereunto belonging in now or hereafter pertaining, to the said Grantee, their heirs and assigns, forever, Provided: SECTION 1 It is understood and agreed that this Deed is subject to the covenants, conditions, restrictions and provisions of an agreement entered into between the Grantor and Grantee on the _______ day of __________________, 2021 identified as “Development Agreement” (hereinafter referred to as the “Agreement”) and that the Grantee shall not convey the Property, or any part thereof, without the consent of the Grantor, until a Certificate of Completion of this Agreement as to the Property or such part thereof then to be conveyed, has been placed of record with Dakota County. This provision, however, shall in no way prevent the Grantee from mortgaging this Property in order to obtain funds for the purchase of Property hereby conveyed and from erecting improvements in conformity with the Agreement, any applicable redevelopment plan and applicable provisions of the Zoning Ordinance of the City of Hastings, Minnesota. It is specifically agreed that the Grantee shall promptly begin and diligently prosecute to completion the redevelopment of the Property through the construction of the Minimum Improvements thereon, as provided in the Agreement. Promptly after completion of the improvements in accordance with the provisions of the Agreement, the Grantor will furnish the Grantee with an appropriate instrument so certifying. Such certification by the Grantor shall be (and it shall be so provided in the certification itself) a conclusive determination of the satisfaction and termination of the agreements and covenants of the Agreement and of this Deed with respect to the obligation of the Grantee, and their heirs and assigns, to construct the improvements and the dates for the beginning and completion thereof. Such certification and such determination shall not constitute evidence of compliance with or satisfaction of any obligation of the Grantee to any holder of a mortgage, or any insurer of a mortgage, securing money loaned to finance the purchase of the Property hereby conveyed or the improvements, or any part thereof. All certifications provided for herein shall be in such form as will enable them to be recorded with the County Recorder in Dakota County, Minnesota. If the Grantor shall refuse or fail to provide any such certification in accordance with the provisions of the Agreement and this Deed, the Grantor shall, within thirty (30) days after written request by the Grantee, provide the Grantee with a written statement indicating in adequate detail in what respects the Grantee has failed to complete with the improvements in accordance with the provisions of the Agreement or is otherwise in default, and what measures or acts will be necessary, in the opinion of the Grantor, for the Grantee to take or perform in order to obtain such certification. VIII-06 E-3 SECTION 2 In the event the Grantee herein shall, prior to the recording of the Certificate of Completion: a. Fail to begin construction of the improvements provided for in this Deed and the Agreement in conformity with the Agreement and such failure is not due to Unavoidable Delays and is not cured within thirty (30) days after written notice to do so, or such other amount of time as may be commercially reasonable; or b. Default in or violate its obligations with respect to the construction of the improvements provided for in this Deed and the Agreement, or shall abandon or substantially suspend construction work, and such default, violation or failure is not due to Unavoidable Delays and any default or violation, abandonment or suspension is not cured, ended or remedied within thirty (30) days after written demand by the Grantor to do so; or c. Fail to pay real estate taxes or assessments on the Property or any part thereof when due, or shall place thereon any encumbrance or lien unauthorized by the Agreement with the Grantor, or shall suffer any levy or attachment to be made, or any mechanic’s liens, or any other unauthorized encumbrances or liens to attach, and such taxes or assessments shall not have been paid or the encumbrance or lien removed or discharged, or provisions satisfactory to the Grantor made for such payments, removal or discharge, within 30 days after written demand by the Grantor to do so; provided, that if the Grantee shall first notify the Grantor of his intention to do so, it may in good faith contest any mechanic’s or other lien filed or established and in such event the Grantor shall permit such mechanic’s or other lien to remain undischarged and unsatisfied during the period of such contest and any appeal, but only if the Grantee provides the Grantor with a bank letter of credit or other security in the amount of the lien, in a form satisfactory to the Grantor pursuant to which the bank will pay to the Grantor the amount of any lien in the event that the lien is finally determined to be valid and during the course of such contest the Grantee shall keep HEDRA informed respecting the status of such defense; or d. Cause, in violation of the Agreement or of this Deed, any transfer of the Property or any part thereof, and such violation shall be not cured within sixty (60) days after written demand by the Grantor to the Grantee; or e. Fail to comply with any of its other covenants under the Agreement and fail to cure any such noncompliance within thirty (30) days after written demand to do so; or f. Default under the terms of a mortgage loan authorized by the Agreement and the holder of the mortgage exercises any remedy provided by the mortgage documents or exercises any remedy provided by law or equity in the event of a default in any of the terms or conditions of the mortgage; then the Grantor shall have the right to re-enter and take possession of the Property and to terminate and revest in the Grantor the estate conveyed by this Deed to the Grantee, its heirs, successor or VIII-06 E-4 successors in interest, but only if the events stated in Section 2(a-f) have not been cured within the time periods provided above, or if the events cannot be cured within such time periods, and the Grantee does not provide assurances to HEDRA, reasonably satisfactory to HEDRA, that the events will be cured as soon as reasonably possible. The Grantor certifies that the Grantor does not know of any wells on the described real property. SECTION 3 The Grantee agrees for itself and its heirs, successors and assigns to or of the Property or any part thereof, hereinbefore described, that the Grantee and such heirs and assigns shall not discriminate on the basis of race, color, creed, national origin, age or sex in the sale, lease, rental or in the use or occupancy of the Property or any improvements erected or to be erected thereon, or any part thereof. It is intended and agreed that the above and foregoing agreements and covenants shall be covenants running with the land, and that they shall, in any event, and without regard to technical classification or designation, legal or otherwise, and except only as otherwise specifically provided in this Deed, be binding, to the fullest extent permitted by law and equity for the benefit and in favor of, and enforceable by, the Grantor against the Grantee, its heirs, successors and assigns, in interest to the Property, or any part thereof or any interest therein, and any party in possession or occupancy of the Property or any part thereof. In amplification, and not in restriction of, the provisions of the preceding section, it is intended and agreed that the Grantor shall be deemed beneficiary of the agreements and covenants provided herein. Such agreements and covenants shall run in favor of the Grantor without regard to whether the Grantor has at any time been, remains, or is an owner of any land or interest therein to, or in favor of, which such agreements and covenants relate. The Grantor shall have the right, in the event of any breach of any such agreement or covenant to exercise all the rights and remedies, and to maintain any actions or suits at law or in equity or other proper proceedings to enforce the curing of such breach of agreement or covenant, to which it or any other beneficiaries of such agreement or covenant may be entitled. Grantor shall be entitled to recover the costs for such enforcement, including attorneys’ fees. SECTION 4 This Deed is also given subject to: a. Provision of the ordinances, building and zoning laws of the City of Hastings, state and federal laws and regulations in so far as they affect this real estate. b. Taxes payable subsequent to the date of this conveyance. [Remainder of page intentionally blank] VIII-06 E-5 IN WITNESS WHEREOF, the Grantor has caused this Deed to be duly executed in its behalf by its President and Secretary and has caused its corporate seal to be hereunto affixed this _______ day of ___________________, 2021. HASTINGS ECONOMIC DEVELOPMENT AND REDEVELOPMENT AUTHORITY By: ____________________________________ Dennis Peine Its: President By: ____________________________________ Eric Maass Its: Secretary STATE OF MINNESOTA ) ) ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this ____ day of ____________, 2021 by Dennis Peine and Eric Maass, the President and Secretary respectively, of the Hastings Economic Development and Redevelopment Authority, a public body corporate and politic organized and existing under the Constitution and laws of Minnesota, on behalf of HEDRA. Notary Public This instrument was drafted by: Korine L. Land, #262432 LeVander, Gillen & Miller, P.A. 633 South Concord Street, Suite 400 South St. Paul, MN 55075 651-451-1831 TITLE NOT EXAMINED SEND TAX STATEMENT TO: NJS Development LLC P.O. Box 89624 Sioux Falls, SD 57109 VIII-06 City Council Memorandum To: Mayor Fasbender & City Council Members From: Ryan Stempski – City Engineer Date: Item: November 10, 2021 Approve Change Order #1 to the 2021 Sanitary Sewer Lining Program COUNCIL ACTION REQUESTED Council is requested to approve Change Order #1 to the 2021 Sanitary Sewer Lining Program which modifies the scope of areas planned for improvement. BACKGROUND INFORMATION Following the original scoping and bidding of the 2021 Sanitary Sewer Lining Program two key factors influencing the proposed improvement areas changed: 1.The originally planned lining areas along portions of Highland Drive, Brittany Road, and 17th Street West were identified as needing street reconstruction within our 5-Year Capital Improvement Plan. As to avoid disturbing these areas twice in a short window of time, staff concluded that the sanitary sewer in these areas can be delayed for improvement until the CIP program reaches these streets in the near future. 2.To take advantage of good bid pricing and maximize the available budget for 2021 sanitary sewer lining, staff identified the trunk sewer line that loops from 15th Street West through the Hastings Golf Club as the the preferred alternative. This loop has historically been difficult to maintain as any cleaning or maintenance must be closely coordinated with golf course operations. Also, this loop is in close proximity to the sewer lining already planned for in the golf course between Hilltop Lane and Valley Lane making this a cost-effective time to complete lining operations in this area. FINANCIAL IMPACT If approved by Council, the net cost to the City to modify the improvement areas as described is $19,735.22. This additional cost is well within our project budget and still leaves sufficient contingency for other unforeseen costs if they occur during construction. A summary of the 2021 Lining Program’s current budget outlook: • Total Project Budget: $332,000 • Original Bid Amount: $272,855.90 • Net Increase Change Order #1: $19,735.22 • Revised Bid Amount: $292,591.12 • Remaining Project Contingency: $39,408.88 (13.4%) ATTACHMENTS • Signed Copy of Change Order #1 by Contractor and City Engineer • Original 2021-2 Lining Program Project Map • Revised 2021-2 Lining Program Project Map (following updates from Change Order #1) VIII-07 November 10, 2021 VIII-07 Dakota Pines Golf Club Pl e a s a n t D r We s t v i e w D r 20th St W 21st St W 22nd St W Pleasant Dr Park St Phillips Lutheran Church Hillto p L n Valley Ln 17th St W 19th St W 18th St W O l d B r i d g e L n 15th St W Hi g h l a n d D r Br i t t a n y R d 25th St W 2021 Sanitary Sewer Lining Program City Project 2021-2 Sanitary Sewer Mains to be Lined µ VIII-07 Dakota PinesGolf Club P l e a s a n t D r W e s t v i e w D r 20th St W 21st St W 22nd St W Pleasant Dr Park St Phillips Lutheran Church Hilltop Ln Valley Ln 19th St W 18th St W O l d B r i d g e L n 15th St W 25th St W 2021 Sanitary Sewer Lining ProgramCity Project 2021-2 Sanitary Sewer Mains to be Lined µ VIII-07 City of Hastings Pay Voucher Vendor #: 48420 Date:11/8/2021 Vendor name: MCNAMARA CONTRACTING INC Department:ENG Remittance Address:16700 CHIPPENDALE AVE Ordered by:ENG ROSEMOUNT, MN 55068 Authorized by: (Signature Required) Invoice # Project # Inv Date Invoice Sub Total Invoice Grand Total Account # 6 91 10/31 290,359.42 290,359.42 480-300-3628-6311 - - - - - - - - - - Voucher Total:290,359.42 Signed: IN BUDGET:YES City Administrator (over $5,000)NO Description (40 Characters) 2021-1 PAY ESTIMATE 6 VIII-08 Quantity Unit Price Amount Quantity Amount Quantity Amount Pay Estimate #6 Quantity Amount 1 CLEARING TREE 12 $425.00 5,100.00$ 12 5,100.00$ 12 5,100.00$ -$ 2 GRUBBING TREE 12 $275.00 3,300.00$ 12 3,300.00$ 12 3,300.00$ -$ 3 ABANDON MANHOLE EA 1 $800.00 800.00$ 1 800.00$ 1 800.00$ -$ 4 REMOVE MISCELLANEOUS STRUCTURE EA 1 $1,000.00 1,000.00$ 1 1,000.00$ 1 1,000.00$ -$ 5 REMOVE GATE VALVE EA 17 $85.00 1,445.00$ 17 1,445.00$ 17 1,445.00$ -$ 6 REMOVE HYDRANT & GATE VALVE EA 10 $275.00 2,750.00$ 10 2,750.00$ 10 2,750.00$ -$ 7 SALVAGE HYDRANT & GATE VALVE EA 1 $415.00 415.00$ 1 415.00$ 1 415.00$ -$ 8 REMOVE STORM SEWER STRUCTURE (ALL DEPTHS & SIZES)EA 41 $275.00 11,275.00$ 41 11,275.00$ 41 11,275.00$ -$ 9 REMOVE SANITARY MANHOLE EA 9 $535.00 4,815.00$ 9 4,815.00$ 9 4,815.00$ -$ 10 SAWING BITUMINOUS PAVEMENT LF 840 $2.00 1,680.00$ 572 1,144.00$ 572 1,144.00$ -$ 11 SAWING CONCRETE PAVEMENT LF 580 $2.00 1,160.00$ 678 1,356.00$ 678 1,356.00$ -$ 12 REMOVE CONCRETE CURB & GUTTER LF 9700 $3.50 33,950.00$ 9700 33,950.00$ 9700 33,950.00$ -$ 13 REMOVE STORM SEWER PIPE (ALL DEPTHS & SIZES)LF 3200 $13.00 41,600.00$ 3200 41,600.00$ 3200 41,600.00$ -$ 14 REMOVE SANITARY SEWER PIPE (ALL DEPTHS & SIZES)LF 77 $16.00 1,232.00$ 77 1,232.00$ 77 1,232.00$ -$ 15 REMOVE CONCRETE SIDEWALK SY 2100 $5.00 10,500.00$ 2100 10,500.00$ 2100 10,500.00$ -$ 16 REMOVE CONCRETE DRIVEWAY PAVEMENT SY 1290 $9.00 11,610.00$ 1300 11,700.00$ 1300 11,700.00$ -$ 17 REMOVE BITUMINOUS DRIVEWAY PAVEMENT SY 590 $8.00 4,720.00$ 146 1,168.00$ 146 1,168.00$ -$ 18 SALVAGE BRICK PAVERS SF 250 $5.00 1,250.00$ 554 2,770.00$ 554 2,770.00$ -$ 19 COMMON EXCAVATION (EV) (P)CY 5930 $31.00 183,830.00$ 5930 183,830.00$ 4115 127,565.00$ 1815 56,265.00$ 20 COMMON EXCAVATION TRAIL (EV)CY 20 $60.00 1,200.00$ 13 780.00$ 13 780.00$ -$ 21 COMMON EXCAVATION SIDEWALK (EV)CY 440 $35.00 15,400.00$ 145 5,075.00$ 145 5,075.00$ -$ 22 ROCK EXCAVATION (EV)CY 50 $75.00 3,750.00$ 14 1,050.00$ 14 1,050.00$ -$ 23 SUBGRADE EXCAVATION (EV)CY 100 $50.00 5,000.00$ 578 28,900.00$ 578 28,900.00$ -$ 24 GRANULAR BORROW (LV)CY 50 $45.00 2,250.00$ -$ -$ -$ 25 SALVAGE AGGREGATE FROM CITY STOCKPILE (MILLINGS)CY 100 $40.00 4,000.00$ 100 4,000.00$ -$ 100 4,000.00$ 26 AGGREGATE BASE CLASS 5 (STREET)TON 10800 $12.00 129,600.00$ 9180 110,160.00$ 9180 110,160.00$ -$ 27 AGGREGATE BASE CLASS 4 (TRAIL)TON 20 $60.00 1,200.00$ 10 600.00$ 10 600.00$ -$ 28 MILL BITUMINOUS PAVEMENT SY 21850 $3.00 65,550.00$ 21850 65,550.00$ 21850 65,550.00$ -$ 29 BITUMINOUS JOINT SAWING AND SEALING LF 4500 $2.50 11,250.00$ 4500 11,250.00$ -$ 4500 11,250.00$ 30 JOINT ADHESIVE LF 10300 $0.65 6,695.00$ 10300 6,695.00$ -$ 10300 6,695.00$ 31 BIT MATERIAL FOR TACK COAT GAL 1800 $2.00 3,600.00$ 1800 3,600.00$ 985 1,970.00$ 815 1,630.00$ 32 BITUMINOUS DRIVEWAY SPWEB240B/SPNW230B SY 490 $42.00 20,580.00$ 267 11,214.00$ 31 1,302.00$ 236 9,912.00$ 33 BIT WEAR COURSE MIX SPWEB340C (STREET)TON 2350 $49.00 115,150.00$ 2132 104,468.00$ -$ 2132 104,468.00$ 34 BIT WEAR COURSE MIX: SPWEB340B 1.5 INCHES (TRAIL)TON 15 $250.00 3,750.00$ 16 4,000.00$ 16 4,000.00$ -$ 35 BIT NON WEAR COURSE MIX SPNWB330C (STREET)TON 4750 $49.00 232,750.00$ 4476 219,324.00$ 4476 219,324.00$ -$ 36 BIT NON WEAR COURSE MIX: SPNWB330B 1.5 INCHES (TRAIL)TON 15 $250.00 3,750.00$ 11 2,750.00$ 11 2,750.00$ -$ 37 GRANULAR PIPE BEDDING (LV)CY 50 $30.00 1,500.00$ -$ -$ -$ 38 12" RCP DES 3006 CL V LF 87 $40.00 3,480.00$ 87 3,480.00$ 87 3,480.00$ -$ 39 15" RCP DES 3006 CL V LF 1477 $42.00 62,034.00$ 1477 62,034.00$ 1477 62,034.00$ -$ 40 18" RCP DES 3006 CL V LF 345 $44.00 15,180.00$ 345 15,180.00$ 345 15,180.00$ -$ COMPLETED Total To Date Previously Complete This Pay Period Request For Payment Date: 10/31/2021 Project: 2021 Neighborhood Infrastructure Improvements Contractor: McNamara Request Number: 6 Payment Period: 10/1/2021 - 10/31/2021 ITEM NO.DESCRIPTION UNIT ORIGINAL BID Hastings Project 2021-1 2021 Neighborhood Infrastructure Improvements Page 1 of 4 VIII-08 Quantity Unit Price Amount Quantity Amount Quantity Amount Pay Estimate #6 Quantity Amount 1 CLEARING TREE 12 $425.00 5,100.00$ 12 5,100.00$ 12 5,100.00$ -$ 2 GRUBBING TREE 12 $275.00 3,300.00$ 12 3,300.00$ 12 3,300.00$ -$ 3 ABANDON MANHOLE EA 1 $800.00 800.00$ 1 800.00$ 1 800.00$ -$ 4 REMOVE MISCELLANEOUS STRUCTURE EA 1 $1,000.00 1,000.00$ 1 1,000.00$ 1 1,000.00$ -$ 5 REMOVE GATE VALVE EA 17 $85.00 1,445.00$ 17 1,445.00$ 17 1,445.00$ -$ 6 REMOVE HYDRANT & GATE VALVE EA 10 $275.00 2,750.00$ 10 2,750.00$ 10 2,750.00$ -$ 7 SALVAGE HYDRANT & GATE VALVE EA 1 $415.00 415.00$ 1 415.00$ 1 415.00$ -$ 8 REMOVE STORM SEWER STRUCTURE (ALL DEPTHS & SIZES)EA 41 $275.00 11,275.00$ 41 11,275.00$ 41 11,275.00$ -$ 9 REMOVE SANITARY MANHOLE EA 9 $535.00 4,815.00$ 9 4,815.00$ 9 4,815.00$ -$ 10 SAWING BITUMINOUS PAVEMENT LF 840 $2.00 1,680.00$ 572 1,144.00$ 572 1,144.00$ -$ 11 SAWING CONCRETE PAVEMENT LF 580 $2.00 1,160.00$ 678 1,356.00$ 678 1,356.00$ -$ 12 REMOVE CONCRETE CURB & GUTTER LF 9700 $3.50 33,950.00$ 9700 33,950.00$ 9700 33,950.00$ -$ 13 REMOVE STORM SEWER PIPE (ALL DEPTHS & SIZES)LF 3200 $13.00 41,600.00$ 3200 41,600.00$ 3200 41,600.00$ -$ 14 REMOVE SANITARY SEWER PIPE (ALL DEPTHS & SIZES)LF 77 $16.00 1,232.00$ 77 1,232.00$ 77 1,232.00$ -$ 15 REMOVE CONCRETE SIDEWALK SY 2100 $5.00 10,500.00$ 2100 10,500.00$ 2100 10,500.00$ -$ 16 REMOVE CONCRETE DRIVEWAY PAVEMENT SY 1290 $9.00 11,610.00$ 1300 11,700.00$ 1300 11,700.00$ -$ 17 REMOVE BITUMINOUS DRIVEWAY PAVEMENT SY 590 $8.00 4,720.00$ 146 1,168.00$ 146 1,168.00$ -$ 18 SALVAGE BRICK PAVERS SF 250 $5.00 1,250.00$ 554 2,770.00$ 554 2,770.00$ -$ 19 COMMON EXCAVATION (EV) (P)CY 5930 $31.00 183,830.00$ 5930 183,830.00$ 4115 127,565.00$ 1815 56,265.00$ 20 COMMON EXCAVATION TRAIL (EV)CY 20 $60.00 1,200.00$ 13 780.00$ 13 780.00$ -$ 21 COMMON EXCAVATION SIDEWALK (EV)CY 440 $35.00 15,400.00$ 145 5,075.00$ 145 5,075.00$ -$ 22 ROCK EXCAVATION (EV)CY 50 $75.00 3,750.00$ 14 1,050.00$ 14 1,050.00$ -$ 23 SUBGRADE EXCAVATION (EV)CY 100 $50.00 5,000.00$ 578 28,900.00$ 578 28,900.00$ -$ 24 GRANULAR BORROW (LV)CY 50 $45.00 2,250.00$ -$ -$ -$ 25 SALVAGE AGGREGATE FROM CITY STOCKPILE (MILLINGS)CY 100 $40.00 4,000.00$ 100 4,000.00$ -$ 100 4,000.00$ 26 AGGREGATE BASE CLASS 5 (STREET)TON 10800 $12.00 129,600.00$ 9180 110,160.00$ 9180 110,160.00$ -$ 27 AGGREGATE BASE CLASS 4 (TRAIL)TON 20 $60.00 1,200.00$ 10 600.00$ 10 600.00$ -$ 28 MILL BITUMINOUS PAVEMENT SY 21850 $3.00 65,550.00$ 21850 65,550.00$ 21850 65,550.00$ -$ 29 BITUMINOUS JOINT SAWING AND SEALING LF 4500 $2.50 11,250.00$ 4500 11,250.00$ -$ 4500 11,250.00$ 30 JOINT ADHESIVE LF 10300 $0.65 6,695.00$ 10300 6,695.00$ -$ 10300 6,695.00$ 31 BIT MATERIAL FOR TACK COAT GAL 1800 $2.00 3,600.00$ 1800 3,600.00$ 985 1,970.00$ 815 1,630.00$ 32 BITUMINOUS DRIVEWAY SPWEB240B/SPNW230B SY 490 $42.00 20,580.00$ 267 11,214.00$ 31 1,302.00$ 236 9,912.00$ 33 BIT WEAR COURSE MIX SPWEB340C (STREET)TON 2350 $49.00 115,150.00$ 2132 104,468.00$ -$ 2132 104,468.00$ 34 BIT WEAR COURSE MIX: SPWEB340B 1.5 INCHES (TRAIL)TON 15 $250.00 3,750.00$ 16 4,000.00$ 16 4,000.00$ -$ 35 BIT NON WEAR COURSE MIX SPNWB330C (STREET)TON 4750 $49.00 232,750.00$ 4476 219,324.00$ 4476 219,324.00$ -$ 36 BIT NON WEAR COURSE MIX: SPNWB330B 1.5 INCHES (TRAIL)TON 15 $250.00 3,750.00$ 11 2,750.00$ 11 2,750.00$ -$ 37 GRANULAR PIPE BEDDING (LV)CY 50 $30.00 1,500.00$ -$ -$ -$ 38 12" RCP DES 3006 CL V LF 87 $40.00 3,480.00$ 87 3,480.00$ 87 3,480.00$ -$ 39 15" RCP DES 3006 CL V LF 1477 $42.00 62,034.00$ 1477 62,034.00$ 1477 62,034.00$ -$ 40 18" RCP DES 3006 CL V LF 345 $44.00 15,180.00$ 345 15,180.00$ 345 15,180.00$ -$ COMPLETED Total To Date Previously Complete This Pay Period Request For Payment Date: 10/31/2021 Project: 2021 Neighborhood Infrastructure Improvements Contractor: McNamara Request Number: 6 Payment Period: 10/1/2021 - 10/31/2021 ITEM NO.DESCRIPTION UNIT ORIGINAL BID Hastings Project 2021-1 2021 Neighborhood Infrastructure Improvements Page 1 of 4 VIII-08 Quantity Unit Price Amount Quantity Amount Quantity Amount Pay Estimate #6 Quantity Amount 41 21" RCP DES 3006 CL III LF 691 $51.00 $35,241.00 691 35,241.00$ 691 35,241.00$ -$ 42 24" RCP DES 3006 CL III LF 175 $58.00 $10,150.00 175 10,150.00$ 175 10,150.00$ -$ 43 27" RCP DES 3006 CL III LF 257 $75.00 $19,275.00 257 19,275.00$ 257 19,275.00$ -$ 44 30" RCP DES 3006 CL III LF 100 $84.00 $8,400.00 100 8,400.00$ 100 8,400.00$ -$ 45 CONNECT TO EXISTING STORM SEWER STRUCTURE EA 3 $1,000.00 $3,000.00 3 3,000.00$ 3 3,000.00$ -$ 46 CONNECT TO EXISTING STORM SEWER EA 3 $1,000.00 $3,000.00 3 3,000.00$ 3 3,000.00$ -$ 47 CONST DRAINAGE STRUCTURE 24" X 36"EA 22 $2,300.00 $50,600.00 22 50,600.00$ 22 50,600.00$ -$ 48 CONST DRAINAGE STRUCTURE 48-4020 EA 10 $3,100.00 $31,000.00 10 31,000.00$ 10 31,000.00$ -$ 49 CONST DRAINAGE STRUCTURE 60-4020 EA 4 $4,300.00 $17,200.00 4 17,200.00$ 4 17,200.00$ -$ 50 REPLACE EXISTING STORM SEWER CASTING EA 3 $900.00 $2,700.00 3 2,700.00$ 1 900.00$ 2 1,800.00$ 51 CHIMNEY SEAL EA 14 $145.00 $2,030.00 14 2,030.00$ -$ 14 2,030.00$ 52 CONSTRUCT MH OR CB RISER LF 5 $370.00 $1,850.00 -$ -$ -$ 53 CONCRETE STEPS - VERTICAL SURFACE ONLY SF 20 $50.00 $1,000.00 -$ -$ -$ 54 4" CONC SIDEWALK SF 19670 $4.50 $88,515.00 19353 87,088.50$ 13543 60,943.50$ 5810 26,145.00$ 55 6" CONC SIDEWALK SF 3700 $6.50 $24,050.00 4217 27,410.50$ 2872 18,668.00$ 1345 8,742.50$ 56 B618 CONC CURB & GUTTER LF 9800 $13.50 $132,300.00 9800 132,300.00$ 9800 132,300.00$ -$ 57 6" CONC DRIVEWAY PAVEMENT SY 1290 $57.00 $73,530.00 1384 78,888.00$ 1058 60,306.00$ 326 18,582.00$ 58 8" CONC DRIVEWAY PAVEMENT SY 60 $84.00 $5,040.00 -$ -$ -$ 59 CONCRETE PEDESTRIAN CURB RAMP EA 12 $935.00 $11,220.00 12 11,220.00$ 8 7,480.00$ 4 3,740.00$ 60 INSTALL PAVERS SF 250 $15.00 $3,750.00 580 8,700.00$ 580 8,700.00$ -$ 61 TRAFFIC CONTROL LS 1 $9,700.00 $9,700.00 1 9,700.00$ 1 7,275.00$ 0.25 2,425.00$ 62 CONIFEROUS TREE 6' HT B & B TREE 1 $675.00 $675.00 -$ -$ -$ 63 DECIDUOUS TREE 2" CAL B & B TREE 1 $675.00 $675.00 -$ -$ -$ 64 SILT FENCE, TYPE MS LF 500 $3.00 $1,500.00 -$ -$ -$ 65 STORM DRAIN INLET PROTECTION EA 36 $125.00 $4,500.00 38 4,750.00$ 38 4,750.00$ -$ 66 EROSION & SEDIMENT CONTROL LS 1 $1,500.00 $1,500.00 1.00 1,500.00$ 1 1,125.00$ 0.25 375.00$ 67 LOAM TOPSOIL BORROW (LV)CY 600 $44.00 $26,400.00 884 38,896.00$ 884 38,896.00$ -$ 68 EROSION CONTROL BLANKETS CATEGORY 4 SY 750 $4.00 $3,000.00 140 560.00$ -$ 140 560.00$ 69 SEEDING, BLOWN COMPOST SY 8500 $3.50 $29,750.00 8500 29,750.00$ -$ 8500 29,750.00$ 70 4" SOLID LINE PAINT LF 9050 $0.35 $3,167.50 11080 3,878.00$ -$ 11080 3,878.00$ 71 12" SOLID LINE PAINT LF 350 $2.50 $875.00 606 1,515.00$ -$ 606 1,515.00$ 72 24" SOLID WHITE PAINT LF 130 $3.50 $455.00 130 455.00$ -$ 130 455.00$ 73 4" BROKEN LINE PAINT LF 1000 $0.35 $350.00 800 280.00$ -$ 800 280.00$ 74 CROSSWALK PAINT SF 72 $2.00 $144.00 72 144.00$ -$ 72 144.00$ 75 CONNECT TO EX MANHOLE EA 1 $1,600.00 $1,600.00 1 1,600.00$ 1 1,600.00$ -$ 76 CONNECT TO EX SAN SEWER (MAIN TO EX MAIN OR EX MAIN TO NEW STRUCT)EA 6 $850.00 $5,100.00 6 5,100.00$ 6 5,100.00$ -$ 77 CONNECT TO EX SAN SEWER (SERV TO EX MAIN)EA 51 $750.00 $38,250.00 51 38,250.00$ 51 38,250.00$ -$ 78 BULKHEAD EXISTING SAN SEWER EA 2 $100.00 $200.00 3 300.00$ 3 300.00$ -$ 79 4" ON 8" PVC WYE EA 34 $145.00 $4,930.00 33 4,785.00$ 33 4,785.00$ -$ 80 6" ON 8" PVC WYE EA 1 $251.00 $251.00 -$ -$ -$ ITEM NO.DESCRIPTION UNIT ORIGINAL BID COMPLETED Total To Date Previously Complete This Pay Period Hastings Project 2021-1 2021 Neighborhood Infrastructure Improvements Page 2 of 4 VIII-08 Quantity Unit Price Amount Quantity Amount Quantity Amount Pay Estimate #6 Quantity Amount 81 4" X 8" TEE/WYE UNIVERSAL CONNECTOR EA 51 $300.00 $15,300.00 53 15,900.00$ 53 15,900.00$ -$ 82 REMOVE & DISPOSE EXISTING TRANSITE SAN SEWER SERVICE LF 638 $42.00 $26,796.00 -$ -$ -$ 83 LINING SEWER PIPE 8"LF 1366 $33.00 $45,078.00 1366 45,078.00$ 1366 45,078.00$ -$ 84 LINING SEWER PIPE 15"LF 850 $57.00 $48,450.00 850 48,450.00$ 850 48,450.00$ -$ 85 LINING SEWER PIPE 18"LF 92 $118.00 $10,856.00 92 10,856.00$ 92 10,856.00$ -$ 86 4" PVC SDR 26 (FOR SERVICES)LF 2550 $25.00 $63,750.00 2550 63,750.00$ 2550 63,750.00$ -$ 87 6" PVC SDR 26 (FOR SERVICES)LF 60 $60.00 $3,600.00 -$ -$ -$ 88 8" DIP SANITARY SEWER LF 20 $100.00 $2,000.00 13 1,300.00$ 13 1,300.00$ -$ 89 8" PVC SDR 35 0'-10'LF 710 $32.00 $22,720.00 710 22,720.00$ 710 22,720.00$ -$ 90 8" PVC SDR 35 10'-12'LF 845 $32.00 $27,040.00 851 27,232.00$ 851 27,232.00$ -$ 91 15" PVC SDR 26 LF 55 $75.00 $4,125.00 67 5,025.00$ 67 5,025.00$ -$ 92 24" PVC SDR 35 LF 35 $110.00 $3,850.00 46 5,060.00$ 46 5,060.00$ -$ 93 TELEVISE SANITARY SEWER LF 1645 $3.50 $5,757.50 -$ -$ -$ 94 CONSTRUCT 8" OUTSIDE DROP LF 12 $310.00 $3,720.00 12 3,720.00$ 12 3,720.00$ -$ 95 CONSTRUCT 18" OUTSIDE DROP LF 4 $750.00 $3,000.00 4 3,000.00$ 4 3,000.00$ -$ 96 REPLACE EXISTING SANITARY SEWER CASTING EA 11 $1,000.00 $11,000.00 11 11,000.00$ -$ 11 11,000.00$ 97 48" DIA SSMH EA 7 $7,000.00 $49,000.00 7 49,000.00$ 7 49,000.00$ -$ 98 72" DIA SSMH EA 1 $12,100.00 $12,100.00 1 12,100.00$ 1 12,100.00$ -$ 99 EXTRA DEPTH MH 10'+LF 29 $170.00 $4,930.00 29 4,930.00$ 29 4,930.00$ -$ 100 SANITARY MANHOLE CEMENTITOUS COATING LF 10 $520.00 $5,200.00 -$ -$ -$ 101 CONNECT TO EXISTING WATERMAIN EA 10 $1,100.00 $11,000.00 10 11,000.00$ 10 11,000.00$ -$ 102 1" CORP STOP EA 85 $220.00 $18,700.00 85 18,700.00$ 85 18,700.00$ -$ 103 1" CURB STOP AND BOX EA 85 $325.00 $27,625.00 85 27,625.00$ 85 27,625.00$ -$ 104 HYD 7.5' BURY W/GATE VALVE EA 11 $5,900.00 $64,900.00 11 64,900.00$ 11 64,900.00$ -$ 105 CURB STOP COVER CASTING EA 9 $175.00 $1,575.00 9 1,575.00$ 9 1,575.00$ -$ 106 ADJUST EXISTING GATE VALVE BOX EA 1 $700.00 $700.00 -$ -$ -$ 107 6" GV W/BOX EA 1 $1,900.00 $1,900.00 1 1,900.00$ 1 1,900.00$ -$ 108 8" GV W/BOX EA 12 $2,700.00 $32,400.00 12 32,400.00$ 12 32,400.00$ -$ 109 10" GV W/BOX EA 5 $3,700.00 $18,500.00 5 18,500.00$ 5 18,500.00$ -$ 110 CURB STOP BOX REPAIR/EXTENSION EA 3 $115.00 $345.00 18 2,070.00$ 18 2,070.00$ -$ 111 ABANDON EX CURB STOP BOX EA 3 $156.00 $468.00 -$ -$ -$ 112 CURB STOP EXTRA DEPTH LF 10 $30.00 $300.00 35 1,050.00$ 35 1,050.00$ -$ 113 CONSTRUCT TEMPORARY WATERMAIN & SERVICES LF 9600 $6.00 $57,600.00 9600 57,600.00$ 9600 57,600.00$ -$ 114 HYDRANT RISER LF 3 $1,100.00 $3,300.00 -$ -$ -$ 115 1" TYPE K COPPER W/FITTINGS LF 2810 $30.00 $84,300.00 2380 71,400.00$ 2380 71,400.00$ -$ 116 6" C-900 PVC W/FITTINGS LF 210 $35.00 $7,350.00 189 6,615.00$ 189 6,615.00$ -$ 117 8" C-900 PVC W/FITTINGS LF 3590 $38.00 $136,420.00 3590 136,420.00$ 3590 136,420.00$ -$ 118 10" C-900 PVC W/FITTINGS LF 1530 $47.00 $71,910.00 1530 71,910.00$ 1530 71,910.00$ -$ 119 2" INSULATION 4'X8' SHEET SY 30 $35.00 $1,050.00 -$ -$ -$ $2,595,590.00 ORIGINAL BID ITEM NO.DESCRIPTION UNIT ORIGINAL BID COMPLETED Total To Date Previously Complete This Pay Period SUBTOTALS:$2,502,712.00 $2,197,070.50 $305,641.50 TOTAL TO DATE PREVIOUSLY COMPLETE CURRENT PERIOD PROJECTS:This Period Total to Date 2021-1 Neighborhood Infrastructure Improvements $305,641.50 $2,502,712.00 Hastings Project 2021-1 2021 Neighborhood Infrastructure Improvements Page 3 of 4 VIII-08 1 1 / 8 / 2 0 2 1 V I I I - 0 8 City Council Memorandum To: Mayor Fasbender & City Councilmembers From: Chris Jenkins, Parks & Recreation Director Date: November 8, 2021 Item: Residential Solid Waste and Recycling Collection Contract Renewal Council Action Requested: Extend the current Residential Solid Waste and Recycling Collection Contract with Tennis Sanitation for 2022-2024. Background Information: The current contract began January 1, 2019 and expires December 31, 2021. During the RFP process in 2018, the Utilities Committee of Council unanimously recommended Tennis Sanitation for these services and recommended the ability to extend the contract up to two additional three- year terms (2022-2024 and 2025-2027). Financial Impact: Tennis Sanitation has indicated no rate increases for 2022, but has indicated an anticipated rate increase in 2023 based on preliminary information received from Red Wing Solid Waste Campus. Tennis Sanitation will submit rates for 2023 and 2024 to the City Administrator no later than September 1, 2022. Advisory Commission Discussion: None Council Committee Discussion: None Attachments: ▪ First Extension Resolution VIII-09 1 FIRST EXTENSION TO CITY OF HASTINGS RESIDENTIAL SOLID WASTE AND RECYCLING COLLECTION CONTRACT WITH TENNIS SANITATION, L.L.C. This First Extension to City of Hastings Residential Solid Waste and Recycling Collection Contract with Tennis Sanitation, L.L.C. (“First Extension”) is made this day of November, 2021 by and between the City of Hastings, a Minnesota municipal corporation (“City”), and Tennis Sanitation, L.L.C. (“Tennis”), a Minnesota limited liability company. RECITALS WHEREAS, the City and Tennis entered into the City of Hastings Residential Solid Waste and Recycling Collection Contract January 1, 2019 to December 31, 2021 (“Contract”) in which Tennis agreed to provide residential solid waste and recycling collection services for the City; and WHEREAS, pursuant to Section 2 of the Contract the initial term was a 3-year term, however, the Contract provides for two 3-year extensions; and WHEREAS, the parties mutually desire to exercise the first 3-year extension. NOW, THEREFORE, in consideration of the mutual promises and covenants of each to the other contained in this First Extension and other good and valuable consideration, receipt of which is hereby acknowledged, the parties hereto do covenant and agree as follows: 1. Section 2 of the Contract entitled Term of Agreement is hereby deleted in its entirety and hereby replaced as follows: 2. Term of Agreement. The initial term of the Contract expires December 31, 2021. The term of the First Extension shall be for a period of three (3) years, commencing on January 1, 2022 and expiring on December 31, 2024. The City may choose to initiate a new competitive RFP process no later than the first quarter of 2024 or the City may renew the term of the Contract for one additional three-year extension through December 31, 2027. 2. The rates for the First Extension shall remain unchanged for calendar year 2022. Tennis shall submit rates for 2023 and 2024 to the City Administrator no later than Sept. 1, 2022. 3. Tennis agrees to continue to service the list of City Facilities with garbage receptacles the size and frequency of which is listed on Exhibit A to the Contract. 4. General Terms. a. Except as provided for above, the terms and provisions of the Contract shall remain in full force and effect. VIII-09 2 b. This First Extension and all disputes or controversies arising out of or relating to this First Extension or the transactions contemplated hereby shall be governed by, and construed in accordance with, the internal laws of the State of Minnesota, without regard to the laws of any other jurisdiction that might be applied because of the conflicts of laws principles of the State of Minnesota. c. Nothing contained herein shall be deemed a waiver by the City of any governmental immunity defenses, statutory or otherwise. Further, any and all claims brought by Developer or its successors or assigns, shall be subject to any governmental immunity defenses of the City and the maximum liability limits provided by Minnesota Statutes, Chapter 466. d. This First Extension may be executed in two or more counterparts, all of which shall be considered one and the same instrument and shall become effective when one or more counterparts have been signed by the parties and delivered to the other parties. e. This First Extension shall not be amended, modified or supplemented, except by a written instrument signed by an authorized representative of each party. [remainder of page intentionally blank] VIII-09 3 CITY OF HASTINGS By: Mary Fasbender, Mayor By: Kelly Murtaugh, City Clerk VIII-09 4 TENNIS SANITATION, L.L.C. By: William J. Tennis, President VIII-09 City Council Memorandum To: Mayor Fasbender & City Councilmembers From: Dan Wietecha, City Administrator Date: November 15, 2021 Item: 2022-2023 Local 49ers Union Contract Council Action Requested: Approve the 2022-2023 union contract for Local 49ers. Background Information: It is recommended that the Council act approving the 2022-2023 collective bargaining agreement for the Local 49er’s union. The contract term is for January 1, 2022 – December 31, 2023. Proposed changes include: • 3.0% cost of living adjustment on January 1, 2022 and January 1, 2023. • Language amendments related to license renewal. • Increase LEO, Parkkeeper II by $1.70 per hour. • Removal of Article XXIX – Heavy Equipment. • Renewal of Memorandum of Understanding for Commercial Driver’s License. • Renewal of Memorandum of Understanding for Alternative Work Week. All other provisions of the contract will remain unchanged. Financial Impact: Wage adjustments are included in the 2022 budget. Other increases are minimal. Advisory Commission Discussion: N/A Council Committee Discussion: N/A Attachments: International Union of Operating Engineers Local No. 49 Collective Bargaining Agreement VIII-10 LABOR AGREEMENT Between CITY OF HASTINGS And INTERNATIONAL UNION OF OPERATING ENGINEERS LOCAL No. 49 AFL-CIO Effective January 1, 2022 through December 31, 2023 VIII-10 Contents Article I- Purpose of Agreement………………………………………………………………………….. 4 Article II- Recognition…………………………………………………………………………….……… 4 Article III- Union Security………………………………………………………………………..……… 4 Article IV – Employer Security .................................................................................................................. 5 Article V – Employer Authority .................................................................................................................. 5 Article VI – Employee Rights—Grievance Procedure ................................................................................ 6 Article VII - Definitions .............................................................................................................................. 9 Article VIII – Savings Clause ..................................................................................................................... 9 Article IX – Work Schedules, Overtime/Compensatory Time .................................................................... 9 9.1 Work Schedules .................................................................................................... 9 9.2 Work Schedule Changes ..................................................................................... 10 9.3 Overtime Pay [Except for Shift Changes] ........................................................... 10 9.4 Compensatory Time ............................................................................................ 11 9.5 Shift Differential ................................................................................................. 11 9.6 Call Back ............................................................................................................. 11 Article X - Holidays .................................................................................................................................. 12 Article XI – Wage Rates and Incentives ................................................................................................... 12 11.1 Classification ....................................................................................................... 12 Article XII – Legal Defense ...................................................................................................................... 15 Article XIII – Right of Subcontract........................................................................................................... 15 Article XIV - Discipline ............................................................................................................................ 15 Article XV - Seniority ............................................................................................................................... 15 Article XVI – Probationary Periods .......................................................................................................... 16 Article XVII – Safety and Clothing Allowance ........................................................................................ 16 Article XVIII – Job Posting ...................................................................................................................... 17 Article XIX - Insurances ........................................................................................................................... 17 19.1 Eligibility ......................................................................................................................... 17 19.2 Health Insurance .............................................................................................................. 17 19.3 Life Insurance .................................................................................................................. 18 19.4 Long-Term Disability…………………………………………………………………..…15 19.5 Dental Insurance .............................................................................................................. 18 19.6 Insurance Committee ....................................................................................................... 18 19.7 Post-Retirement Health Insurance Coverage .................................................................... 18 Article XX – Lunch Period and Rest Breaks ............................................................................................ 19 Article XXI – Vacation ............................................................................................................................. 19 Article XXII – Sick Leave and Other Leaves of Absence ......................................................................... 20 VIII-10 22.1 Sick Leave ........................................................................................................... 20 22.2 Personal Leave .................................................................................................... 20 Article XXIII – Severance Pay ................................................................................................................. 21 Article XXIV – Leave of Absence ............................................................................................................ 21 Article XXV - Waiver ............................................................................................................................... 21 Article XXVI – Injured on Duty ............................................................................................................... 22 Article XXVII – Drug Testing Policy/Drug Free Workplace ................................................................... 22 Article XXVIII - Duration ........................................................................................................................ 22 Article XXIX – Seasonal Temporary Employees: .................................................................................... 22 Memorandum of Understanding: Commercial Driver’s License............................................................... 24 Memorandum of Understanding: Alternative Work Week ....................................................................... 26 VIII-10 4 LABOR AGREEMENT Between THE CITY OF HASTINGS And INTERNATIONAL UNION OF OPERATING ENGINEERS LOCAL No. 49 AFL-CIO Article I – Purpose of Agreement This Agreement is entered into between the City of Hastings hereinafter called EMPLOYER, and Local No. 49, International Union of Operating Engineers hereinafter called the UNION. The intent and purpose of this AGREEMENT is to: 1.1 Establish certain hours, wages and other conditions of Employment; 1.2 Establish procedures for the resolution of disputes concerning this AGREEMENT’S interpretation and/or application; 1.3 Specify the full and complete understanding of the parties; and 1.4 Place in written form the parties’ agreement upon terms and conditions of employment for the duration of this AGREEMENT. The EMPLOYER and the UNION, through this AGREEMENT, continue their dedication to the highest quality of public service. Both parties recognize this AGREEMENT as a pledge of this dedication. Article II - Recognition The EMPLOYER recognizes the UNION as the exclusive representative for all employees of the City of Hastings Public Works, Parks, TRAC, and Facilities Maintenance departments who are public employees within the meaning of Minnesota Statute, 179A.03, Subd. 14, excluding clerical, supervisory, and confidential employees. Article III – Union Security In recognition of the UNION as the exclusive representative, the EMPLOYER shall: 3.1 Request for Dues Checkoff—The Employer agrees that it will make deductions from each paycheck covering membership dues and initiation fees that may hereafter become due to the union for any of the employees covered under this agreement; provided the Union requests such deductions and accompany such requests with properly and legally executed assignments authorizing such deductions in accordance with applicable law. The Union will inform the Employer as to the amount of membership dues and initiation fees. Initiation fees, dues, other assessments or Fair Share Fee in accordance with M.S. 179.55, Subd. 2 shall commence no later than 31 days from the date of employment. VIII-10 5 3.2 Remit such deduction to the appropriate designated officer of the UNION. 3.3 The UNION may designate certain employees from the bargaining unit to act as stewards and shall inform the EMPLOYER in writing of such choice. 3.4 The UNION agrees to indemnify and hold the EMPLOYER harmless against any and all claims, suits, orders, or judgments brought or issued against the City as a result of any action taken or not taken by the City under the provisions of this Article. Article IV – Employer Security 4.1 The UNION agrees that during the life of this AGREEMENT it will not cause, encourage, participate in or support any strike, slow down or any other interruption of or interference with the normal functions of the EMPLOYER. 4.2 Any employee who engages in a strike may have their appointment terminated by the EMPLOYER effective the date the violation first occurs. Such termination shall be effective upon written notice served upon the employee. 4.3 An employee who is absent from any portion of their work assignment without permission, or who abstains wholly or in part from the full performance of their duties without permission from their EMPLOYER on the date or dates when a strike occurs is prima fascia presumed to have engaged in a strike on such date or dates. 4.4 An employee who knowingly strikes and whose employment has been terminated for such action may, subsequent to such violation, be appointed or reappointed or employed or reemployed, but the employee shall be on probation for two (2) years with respect to such civil service status, tenure of employment, or contract of employment, as they may have theretofore been entitled. 4.5 No employee shall be entitled to any daily pay, wages, or per diem for the days on which he (she) engaged in a strike. Article V – Employer Authority 5.1 The EMPLOYER retains the full and unrestricted right to operate and manage all manpower, facilities, and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct, and determine the number of personnel; to establish work schedules, to perform any inherent managerial function not specifically limited by this AGREEMENT. VIII-10 6 5.2 Any term and condition of employment not specifically established or modified by this AGREEMENT shall remain solely within the discretion of the EMPLOYER to modify, establish, or eliminate. Article VI – Employee Rights—Grievance Procedure 6.1 Definition of a Grievance—A grievance is defined as a dispute or disagreement as to the interpretation or application of the specific terms and conditions of this AGREEMENT. 6.2 Union Representatives—The EMPLOYER will recognize representatives designated by the UNION as the grievance representatives of the bargaining unit having the duties and responsibilities established by this Article. The UNION shall notify the EMPLOYER in writing of the names of such UNION representatives and of their successors when so designated. 6.3 Processing of a Grievance—It is recognized and accepted by the UNION and the EMPLOYER that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the EMPLOYEES and shall therefore be accomplished during normal working hours only when consistent with such EMPLOYEE duties and responsibilities. The aggrieved EMPLOYEE and the UNION REPRESENTATIVE shall be allowed a reasonable amount of time without loss in pay when a grievance is investigated and presented to the EMPLOYER during normal working hours provided the EMPLOYEE and the UNION REPRESENTATIVE have notified and received the approval of the designated supervisor who has determined that such absence is reasonable and would not be detrimental to the work programs of the EMPLOYER. 6.4 Procedure—Grievances, as defined by Section 6.1 shall be resolved in conformance with the following procedures: Step 1. An EMPLOYEE claiming a violation concerning the interpretation or application of this AGREEMENT shall, within ten (10) calendar days after such alleged violation has occurred, present such grievance to the EMPLOYEE’S supervisor as designated by the EMPLOYER. The EMPLOYER designated representative will discuss and give an answer to such Step 1 grievance within five (5) calendar days after receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall be placed in writing setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the AGREEMENT allegedly violated, and the remedy requested and shall be appealed to Step 2 within five (5) calendar days after the EMPLOYER designated representative’s final answer in Step 1. Any grievance not appealed in writing to VIII-10 7 Step 2 by the UNION within five (5) calendar days shall be considered waived. Step 2. If appealed, the written grievance shall be presented by the UNION and discussed with the EMPLOYER designated Step 2 representative. The EMPLOYER designated representative shall give the UNION the EMPLOYER’S Step 2 answer in writing within five (5) calendar days after receipt of such Step 2 grievance. A grievance not resolved in Step 2 may be appealed to Step 3 within five (5) calendar days following the EMPLOYER designated representative’s final answer in Step 2. Any grievance not appealed in writing to Step 3 by the UNION within five (5) calendar days shall be considered waived. Step 3. If appealed, the written grievance shall be presented by the UNION and discussed with the EMPLOYER designated Step 3 representative. The EMPLOYER designated representative shall give the UNION the EMPLOYER’S answer in writing within five (5) calendar days after receipt of such Step 3 grievance. A grievance not resolved in Step 3 may be appealed to Step 4 within five (5) calendar days following the EMPLOYER designated representative’s final answer in Step 3. Any grievance not appealed in writing to Step 4 by the UNION within five (5) calendar days shall be considered waived. Step 4. If the grievance is still unsettled, the UNION may within ten (10) calendar days after the reply of the Step 3 Representative was due, by written notice to the EMPLOYER, petition the Bureau of Mediation Services for assistance in settling through mediation. If either party determines during the mediation process that further mediation would serve no purpose, the UNION within ten (10) calendar days by written notice to the EMPLOYER, may request arbitration of the dispute. Step 5. A grievance unresolved in Step 4 and appealed to Step 5 shall be submitted to arbitration subject to the provisions of the Public Employment Labor Relations Act of 1971. The selection of an arbitrator shall be made in accordance with the “Rules Governing the Arbitration of Grievances” as established by the Public Employment Relations Board. 6.5 Arbitrator’s Authority VIII-10 8 A. The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the terms and conditions of this AGREEMENT. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the EMPLOYER and the UNION, and shall have no authority to make a decision on any other issue not so submitted. B. The arbitrator shall be without power to make decisions contrary to, or inconsistent with, or modifying or varying in any way the application of laws, rules, or regulations having the force and effect of law. The arbitrator’s decision shall be submitted in writing within thirty (30) days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be binding on both the EMPLOYER and the UNION and shall be based solely on the arbitrator’s interpretation or application of the express terms of this AGREEMENT and to the facts of the grievance presented. C. The fees and expenses for the arbitrator’s services and proceedings shall be borne equally by the EMPLOYER and UNION provided that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. If both parties desire a verbatim record of the proceedings the cost shall be shared equally. 6.6 Waiver—If a grievance is not presented within the time limits set forth above, it shall be considered “waived.” If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof, it shall be considered settled on the basis of the EMPLOYER’S last answer. If the EMPLOYER does not answer a grievance or an appeal thereof within the specified time limits, the UNION may elect to treat the grievance as denied at that step and immediately appeal the grievance to the next step. The time limit in each step may be extended by mutual agreement of the EMPLOYER and the UNION. 6.7 Choice of Remedy If, as a result of the written EMPLOYER response in Step 4, the grievance remains unresolved, and if the grievance involves the suspension, demotion, or discharge of an employee who has completed the required probationary period, the grievance may be appealed either to Step 5 of ARTICLE V or a procedure such as: Civil Service, Veteran’s Preference, or Fair Employment. If appealed to any procedure other than Step 5 of ARTICLE V the grievance is not subject to the arbitration procedure as provided in Step 5 of ARTICLE V. VIII-10 9 The aggrieved employee shall indicate in writing which procedure is to be utilized - Step 5 of ARTICLE VI or another appeal procedure, and shall sign a statement to the effect that the choice of any other hearing precludes the aggrieved employee from making a subsequent appeal through Step 5 of ARTICLE VI. Article VII - Definitions 7.1 Union: The International Union of Operating Engineers, Local No. 49, AFL-CIO. 7.2 Employer: The individual municipality designated by this AGREEMENT. 7.3 Union Member: A member of the International Union of Operating Engineers, Local No. 49. 7.4 Employee: A member of the exclusively recognized bargaining unit. 7.5 Base Pay Rate: The employee’s hourly pay rate exclusive of longevity or any other special allowances. 7.6 Seniority: Length of continuous service with the EMPLOYER. 7.7 Severance Pay: Payment made to an employee upon honorable termination of employment. 7.8 Strike: Concerted action in failing to report for duty, the willful absence from one’s position, the stoppage of work, slowdown, or abstinence in whole or in part from the full, faithful and proper performance of duties of employment for the purposes of inducing, influencing or coercing a change in the conditions or compensation or the rights, privileges or obligations of employment. Article VIII – Savings Clause This AGREEMENT is subject to the laws of the United States, the State of Minnesota, and the signed municipality. In the event any provision of this AGREEMENT shall be held to be contrary to law by a court of competent jurisdiction from whose final judgment or decree no appeal has been taken within the time provided, such provision shall be voided. All other provisions of this AGREEMENT shall continue in full force and effect. The voided provision may be renegotiated at the request of either party. Article IX – Work Schedules, Overtime/Compensatory Time 9.1 Work Schedules A. The sole authority in work schedules is the EMPLOYER. The normal workday for an employee shall be eight (8) hours. The normal workweek shall be forty (40) hours, Monday through Friday. VIII-10 10 B. Service to the public may require the establishment of regular shifts for some employees on a daily, weekly, seasonal, or annual basis other than the normal 7:00 a.m. - 3:00 p.m. day. C. Service to the public may require the establishment of regular workweeks that schedule work on Saturdays and/or Sundays. D. In order that emergency work is done effectively and safely, the EMPLOYER reserves the right to work with different departments for backup purposes, such as snow removal; flood conditions, tree damage, etc. The EMPLOYER agrees to pay higher hourly rates when appropriate. All extra time shall be overtime and not compensatory time. In the case of snow removal, a minimum training period shall be 8 hours whereby backup personnel will be trained by Street Department personnel. It is also not the intent to take overtime from one group to give to another. 9.2 Work Schedule Changes 1. The EMPLOYER will give seventy-two (72) hour advance notice to the employees affected by the establishment of work days different from the employee’s normal eight (8) hour work day. 2. In the event that work is required because of unusual circumstances such as (but not limited to) fire, flood, snow, sleet, or breakdown of municipal equipment or facilities, no advance notice need be given. 3. Winter Season Snow or Ice Removal—During the period of November 15 to March 15, if work is required because of snow or ice removal, the employee may be required to report early with no advance notice given. Snow removal on Saturday will be paid at the overtime rate. (this provision shall be effective December 31, 2010) 4. The employer shall provide the employees with the opportunity to work an additional two hours of overtime, and each employee has an obligation to work overtime if requested, unless unusual circumstances prevent them from so working. In cases where an employee reports early to remove snow or ice and subsequently works overtime during that same shift, the first hour of overtime worked shall be taken as pay. If an employee is required to work more than one hour of overtime that same day, those additional hours may be taken as either compensatory time or overtime pay. 5. In situations where additional hours outside the normal work are prescheduled, employees will be allowed to switch shifts with other qualified employees, provided the switch does no result in any additional premium and/or overtime pay. 9.3 Overtime Pay [Except for Shift Changes] A. Overtime: Work performed at the express authorization of the EMPLOYER in excess of either eight (8) hours within a twenty-four (24) hour period (except for shift changes) or more than forty (40) hours within a seven (7) day period. VIII-10 11 B. It is not required that an employee working other than the normal work day be scheduled to work more than eight (8) hours; however, each employee has an obligation to work overtime or call backs if requested unless unusual circumstances prevent them from so working. Scheduled overtime such as work by the utilities personnel will not be included in this one and one-half (1-½) times rate of pay provision. C. Overtime will be distributed as equally as practicable. D. Overtime refused by employees will be considered as unpaid overtime worked for record purposes E. For the purpose of computing overtime compensation, overtime hours worked shall not be pyramided, compounded, or paid twice for the same hours worked. F. Work on Sundays, which is unscheduled (callout), shall be paid at the one and one-half (1 ½) times rate of pay. Specifically, this will refer to any time that is unanticipated such as water main breaks, snow removal, and storm damage. Scheduled overtime such as work by the utilities personnel will not be included in this one and one-half (1 ½ ) times rate of pay provision. 9.4 Compensatory Time 1. Hours worked in excess of eight hours in one day and 40 hours in a week may be paid as overtime at 1 ½ times the employee’s hourly rate of pay or be banked as compensatory time earned at 1 ½ times the number of excess hours worked. 2. Compensatory time off may be accrued to a maximum of eighty hours, which will be paid out to the employee at time of separation of employment. 3. The employee must request use of compensatory time off in the same manner as they request vacation. 4. Compensatory time off that has been approved will be done so on a seniority basis. 9.5 Shift Differential 1. For Park Department employees only, all hours worked between the hours of 6:00 p.m. to 6:00 a.m. shall receive fifty cents ($.50) per hour shift differential in addition to their regular straight time hourly rate. 2. The employees shall not collect both time and one-half (1-½) and shift differential for the same hours. 9.6 Call Back 1. A call back is when an employee is required to return to work other than their normal scheduled shift. If called back, the employee will be compensated for a minimum of two (2) hours pay at one and one-half (1½) times the employee’s base pay rate. VIII-10 12 Article X - Holidays The EMPLOYER will provide the employees twelve (12) paid holidays to be as follows: • New Year’s Day January 1 • Martin Luther King Day 3rd Monday in January • Presidents Day 3rd Monday in February • Memorial Day Last Monday in May • Independence Day July 4 • Labor Day 1st Monday in September • Veteran’s Day November 11 • Thanksgiving Day 4th Thursday in November • Day After Thanksgiving • Christmas Day December 25 • Two (2) Floating Holidays 10.1 When a holiday falls on a Sunday, the following Monday shall be celebrated as the holiday. When a holiday falls on a Saturday, the preceding Friday shall be celebrated as the holiday. 10.2 Any premium pay for hours worked for holiday pay shall be based on the actual holiday, rather than the observed holiday. 10.3 All hours worked on actual holidays shall be paid in cash at the rate of one and one-half (1½) times the straight time rate of pay. On Christmas, New Year’s, 4th of July, Thanksgiving, and the Friday after Thanksgiving, the employee shall receive double time (2x) the rate of pay. Article XI – Wage Rates and Incentives 11.1 Classification January 1, January 1, 2022 2023 Electrician $38.30 $39.45 HEO/Mechanic $35.07 $36.12 VIII-10 13 HEO $34.66 $35.70 LEO $33.66 $34.67 Maintenance III $33.90 $34.92 Parkkeeper/Forester $34.65 $35.69 Parkkeeper II $34.19 $35.22 Parkkeeper I/Arena $31.50 $32.45 Senior Eng. Tech. $37.03 $38.14 Eng. Aide II $35.68 $36.75 Eng Aide I $34.41 $35.44 PT Building Services $26.87 $27.68 Notes: ***Parkkeeper I working without a Supervisor at the Civic Arena, during Arena operation months only, will receive the Parkkeeper/Assistant Arena Manager wage: Monthly wages for new employees: Start 70% After 12 Months 80% of Parkkeeper I and L.E.O., After 24 Months 90% Engineering Aide I, Parkkeeper/Assistant After 36 Months 100% Arena Manager, Part-time Building Services Worker whichever department employee is hired. 11.2 Public Works Operator Wages January 1, January 1, 2022 2023 Step 1(minimum) $28.73 $29.59 Step 2 30.31 $31.22 Step 3 32.23 $33.20 Step 4** 34.32 $35.35 Step 5 35.69 $36.76 Step 6 36.99 $38.10 **Not eligible for license incentive pay All new employees will be hired as a Public Works Operator. The City agrees to meet with the union to discuss creation of a step program for Parks Operators and Engineering Technician positions. Current employees have the option, at any time, to move to the Public Works Operator position, at the appropriate step, once requirements for that step have been met. The City will pay for training and testing one time per license. Employees shall not be denied advancement because of non-funding to receive license or school reimbursement. VIII-10 14 11.3 Senior Operator Wages January 1, January 1, 2022 2023 Start: $35.08 $36.13 6 months: 35.69 $36.76 12 months 36.35 $37.44 24 months 37.61 $38.74 The preceding wage schedules shall not constrain the Employer from hiring an employee at any step in the schedule. Out of Class Pay—Any employee working above their classification shall be paid the rate of the classification. Said employee shall accumulate 8 hours before payment shall be made for the higher classification. The minimum of Class D License shall be required for all Maintenance I and Maintenance II workers, except for those employees employed as of January 1, 1985. Incentive Pay—Incentive increases for Water and Sewer personnel after voluntary State Certification shall be automatic. Class D Waterworks Operator - $30.00 per month Class C Waterworks Operator - $40.00 per month Class B Waterworks Operator - $65.00 per month All CS Wastewater Licenses to be paid at a rate of $10.00 per month when in an addition to any Waterworks Operators License and up to $20.00 per month when it is held singularly. DOT Inspection License - $30.00/month for up to two (2) staff Playground Inspection Certification - $18.00 per month 11.4 License Fees—The City will pay for the additional, incremental cost above the regular license renewal fee for any required Water, Wastewater or Commercial Driver’s License (CDL) renewal. The City will also pay the costs associated with acquiring required Water, Wastewater, Commercial Driver’s Licenses, and the license examination fee. Employees will be required to reimburse the City for the cost of said required water, wastewater and/or CDL licenses in the event they leave the City within twelve (12) months of acquiring or renewing the license. 11.5 Longevity Pay—Longevity shall be payable as follows: VIII-10 15 After 5 years employment 1% monthly base pay After 10 years employment 2% monthly base pay After 15 years employment 3% monthly base pay 11.6 Lead Operator Pay Effective June 1, 2006, a Lead Operator may be appointed at the discretion of the Parks and Recreation Director or Parks Superintendent, to serve as a temporary supervisor, assigning duties and managing daily activities and reporting to the Parks and Recreation Director or Parks Superintendent. The Lead Operator shall be compensated $2.00 per hour above the existing Park Keeper/Forester position. The lead operator rotating position in Public Works will be eliminated and replaced with a regular, full-time Senior Operator position. 11.7 Stand by Pay Monday – Thursday $55.00/day Friday $80.00/day Saturday, Sunday & $85.00/day Holidays (as defined in Article X) Article XII – Legal Defense 12.1 Employees involved in litigation because of negligence, ignorance of Laws, non- observance of Laws, or as a result of employee judgmental decision may not receive legal defense by the municipality. 12.2 Any employee who is charged with a traffic violation, ordinance violation, or criminal offense arising from acts performed within the scope of his/her employment, when such act is performed in good faith and direct order of his/her supervisor, shall be reimbursed for reasonable attorney’s fees and court costs actually incurred by such employee in defending against such charge. Article XIII – Right of Subcontract Nothing in this AGREEMENT shall prohibit or restrict the right of the EMPLOYER from subcontracting work performed by employees covered by this AGREEMENT. Article XIV - Discipline The EMPLOYER will discipline employees only for just cause. Article XV - Seniority Seniority will be the determining criterion for transfers, promotions, layoffs, and recalls only when all other qualification factors are equal. VIII-10 16 15.1 The EMPLOYER shall issue notice of layoff or recall from layoff to the Union and affected permanent employees, in writing, to the last known address of any such employees as shown by the EMPLOYER’S records, at least fourteen (14) calendar days in advance of the effective date of the layoff or recall from layoff. 15.2 Laid off employees may be recalled from layoff on the basis of seniority for a period of up to one year. Employees who are offered their former position and refuse it shall be considered resigned. Laid off employees for a period of longer than one year shall be considered dismissed. Article XVI – Probationary Periods 16.1 All newly hired or rehired employees will serve a twelve (12) month probationary period at the negotiated contract rate. 16.2 All employees will serve a twelve (12) month probationary period in any job classification in which the employee has not served a probationary period. 16.3 At any time during the probationary period a newly hired or rehired employee may be terminated at the sole discretion of the EMPLOYER. 16.4 At any time during the probationary period a promoted or reassigned employee may be demoted or reassigned to the employee’s previous position at the sole discretion of the EMPLOYER. Article XVII – Safety and Clothing Allowance 17.1 The EMPLOYER and the UNION agree to jointly promote safe and healthful working conditions, to cooperate in safety matters and to encourage employees to work in a safe manner. 17.2 The City will provide each employee an annual clothing allowance which will allow employees to purchase jackets, bibs, t-shirts, Polos, sweat shirts, winter hats, gloves and jeans. 17.3 The City will provide a standard work glove. If the employee prefers an alternative glove it will be paid for out of their clothing allowance. 17.4 Employees shall not be eligible for safety equipment or uniform clothing reimbursement during the 30 period prior to voluntary separation of employment. Clothing Allowance: $335.00 per year VIII-10 17 17.5 Employees will be required to be in uniform each workday, with the uniforms in good condition, free from tears, rips or fraying, including lettering that distinguishes the employee as working for the City of Hastings. Article XVIII – Job Posting 18.1 The EMPLOYER and the UNION agree that permanent job vacancies within the designated bargaining unit shall be filled based on the concept of promotion and/or transfers from within provided that applicants: • Have the necessary qualifications to meet the standards of the job vacancy; and • Have the ability to perform the duties and responsibilities of the job vacancy. 18.2 Employees filling a higher job class based on the provisions of this ARTICLE shall be subject to the conditions of ARTICLE XVI [PROBATIONARY PERIODS]. 18.3 The Employer has the right to consider an internal candidate’s disciplinary and/or performance record when considering transfer and promotions. 18.4 Job vacancies within the designated bargaining unit shall first be posted internally for five (5) working days so that members of the bargaining unit can be considered for such vacancies prior to posting externally. Article XIX - Insurances 19.1 Eligibility To be eligible for health, life, long-term disability, or other insurance coverage offered and paid by the EMPLOYER, an employee must be a regular full-time employee who is regularly scheduled for a minimum of thirty (30) hours per week. Regular, union part-time employees are not eligible for insurance benefits for which the City contributes a part or all of the monthly premium. Regular, union part-time employees are eligible to participate in the group insurance policies that are offered by the City of Hastings where there is no City contribution to the premium 19.2 Health Insurance The City will agree to pay the cost of single health insurance coverage, if such coverage is elected by the employee. Eligible employees may not waive single coverage. VIII-10 18 The City will agree to contribute a percentage of premium as established by the City Council, towards coverage other than single as offered by the City and elected by the Employee. For 2022-2023 the City will contribute 70% towards the premium of family plans and 65% towards the premium of employee plus spouse and employee plus child(ren) plans. Employees will be responsible for paying the remaining percentage of the premium, which will be done through payroll deduction. 19.3 Life Insurance All regular full-time employees will receive a $50,000 Life Insurance Policy with the full cost of the basic life premium to be paid by the EMPLOYER. Employees may elect additional life insurance coverage at their own cost. 19.4 Long-Term Disability All regular full-time employees will receive a long-term disability insurance policy. The City will pay for long-term disability premiums. 19.5 Dental Insurance All regular, full-and part-time employees may participate in the EMPLOYER’S dental insurance program at their own cost. 19.6 Insurance Committee The EMPLOYER shall establish an Insurance Committee to review the insurance policy in the event of a carrier or policy change. Members of the bargaining unit are eligible to participate in the Insurance Committee. 19.7 Post-Retirement Health Insurance Coverage The EMPLOYER shall provide paid health insurance for employees and their dependents, for those employees until they reach the age of 65 years or the qualifying age of Medicare, whichever is less, who meet the following qualification requirements. A) Hired prior to January 1, 1993 B) Retirement from the department after at least ten (10) years C) Is at least 55 years of age or PERA qualifying age. D) Have provided a minimum of four (4) months prior written notification of their intent to retire; and E) Are enrolled for family health insurance coverage for a minimum of six (6) months prior to the planned date of retirement. In the event an eligible retiree does not enroll in family health coverage six (6) months prior to their retirement day, the City will only pay the premium for single VIII-10 19 coverage. Should the employee wish to maintain family coverage, the retiree is responsible for the timely payment of the difference between the single and family monthly premium. The City will pay the premium of the plan to which the employee is enrolled in at six months prior to the planned date of retirement. Regular full-time employees hired after December 31, 1992 are not eligible for the paid early retirement health insurance benefits. Employees hired after January 1, 1993, who are retiring, may remain on the City’s group health insurance indefinitely, at their own expense. The employee shall pay the City in advance on a monthly basis for the cost. The City will then remit payment to the insurance company. When the former employee reaches age 65, the City may transfer the former employee and covered dependents to a non-active employee pool. This indefinite continuation is made available under Minnesota Statute §471.61, which is also known as Chapter 488. Article XX – Lunch Period and Rest Breaks Covered employees have agreed to use their two, paid 15-minute rest breaks in a 30- minute block of time. Covered employees have also agreed to take their 30-minute, unpaid lunch break at the end of their shift. Article XXI – Vacation 21.1 The employees shall be granted the following vacation schedule: Years of Service Days Vacation Hours Vacation 1 5 40 2 to 5 12 96 6 13 104 7 14 112 8 15 120 9 16 128 10 17 136 11 18 144 12 19 152 13 20 160 14 21 168 15 22 176 20 or more 25 200 21.2 All vacation pay shall be accrued. Maximum carry-over provisions for vacation are as follows: 0 - 5 years of employment 120 hours maximum VIII-10 20 6 - 10 years of employment 180 hours maximum 11+ years of employment 300 hours maximum In the event an employee’s employment is terminated for any reason, the employee shall receive upon their termination the vacation pay to which the employee is entitled at the time on a prorated basis. No more than four consecutive weeks of vacation can be taken at any one time. All vacations, in excess of three (3) days, must be arranged at least thirty (30) days in advance, and the times of such vacation shall be subject to the approval of the department head. 21.3 In computing vacation pay, length of service shall be figured from the anniversary date of the employee. 21.4 Additional vacation can be accrued per ARTICLE 22.1-Sick Leave Article XXII – Sick Leave and Other Leaves of Absence 22.1 Sick Leave All employees of the EMPLOYER shall be entitled to accumulate one day of sick leave for each month of employment. The maximum accumulation of sick leave is one hundred twenty (120) days. Employees shall bank an additional one-half (½) day per month of sick leave after the accumulation of the 120 days to be used only in cases of very prolonged illnesses. Employees shall also accrue an additional one-half (½) day per month of vacation leave after the accumulation of the 120 days sick leave mentioned above. The one-half (½) day vacation shall be added to the current accumulation of vacation leave. Sick leave will be granted for employee sickness, on the job personal injury, employee temporary physical disability and quarantine, or serious illness in the immediate family [i.e., spouse, and children] when the attending physician certifies that the employee’s attendance and assistance to the member of the family who is ill is required. The EMPLOYER may require a doctor’s certificate on any sick leave claim that exceeds three (3) days in length. 22.2 Personal Leave All full time employees of the EMPLOYER shall be entitled to 40 hours personal leave per occurrence. Personal leave for purposes of this paragraph includes and is limited to death in the immediate family. Immediate family is defined as the employee’s spouse, parent, child(ren)/step/foster, brother/sister, sister/brother-in- law, mother/father-in-law, grandparents/spouse’s grandparents, grandchildren, step-parents, legal guardians. Part-time employees are eligible for up to 20 hours per occurrence. VIII-10 21 Article XXIII – Severance Pay If an employee, after ten (10) years of service: • Retires at age 65 (or otherwise provided by law); or • Is forced to retire due a physical condition, including death, not allowing him/her the employee to continue gainful employment; or • Voluntarily terminates employment with the City after due notice, with the consent of the City but not if discharged or resigns by the request of the City, they or their descendants will receive fifty percent (50%) of unused sick leave. Employees will be allowed to draw from both the sick leave and extended sick leave banks as severance pay, up to a maximum severance payout of 640 hours. Under no circumstances will an employee receive more than 640 hours as a severance payout. Article XXIV – Leave of Absence 24.1 Employees subpoenaed as witnesses or called and selected for jury duty, when such time served will coincide with any regularly scheduled work period(s) shall receive their regular compensation and other benefits for their employment with the EMPLOYER less the witness stipend received for each time served. 24.2 The UNION stewards may be present during discussions regarding problems involving employees when their presence has been requested by the employee. 24.3 The EMPLOYER agrees to grant necessary time off without pay to any employee designated by the UNION to attend a labor convention or to serve in any other official UNION capacity. Article XXV - Waiver 25.1 Any and all prior agreements, resolutions, practices, policies, rules and regulations regarding terms and conditions of employment, to the extent inconsistent with the provisions of this AGREEMENT, are hereby superseded. 25.2 The parties mutually acknowledge that during the negotiations that resulted in this AGREEMENT, each had the unlimited right and opportunity to make demands and proposals with respect to any term or condition of employment not removed by law from bargaining. All agreements and understandings arrived at by the parties are set forth in writing in this AGREEMENT for the stipulated duration of this AGREEMENT. The EMPLOYER and the UNION each voluntarily and unqualifiedly waive the right to meet and negotiate regarding any and all terms and conditions of employment referred to or covered in this AGREEMENT or with respect to any term or condition of employment not specifically referred to or covered by this AGREEMENT, even though such terms or conditions may not VIII-10 22 have been within the knowledge or contemplation of either or both parties at the time this contract was negotiated or executed. Article XXVI – Injured on Duty 26.1 Employees injured while on duty will receive full pay for a maximum of thirty (30) working days while unable to work due to such injury. The first seven (7) working days lost due to an injury on duty will be charged to the employee’s sick leave account. An employee with no sick leave accumulated will not receive payment for the first seven (7) working days lost. 26.2 Any compensation payable to the employee under Workers’ Compensation insurance will be reported to the EMPLOYER. The EMPLOYER shall make supplementary payments to the employee (not to be charged to the employee’s accumulated sick leave) to make up the difference between Workmen’s Compensation and their normal rate of pay. 26.3 Any employee who claims an absence from work due to an injury sustained on the job shall provide if requested by the EMPLOYER a statement from the employee’s attending physician as to the nature of the injury. 26.4 Any employee who claims an absence from work due to an injury sustained on the job is subject to an examination to be made in behalf of and paid for by the EMPLOYER by a person competent to perform the same and as is designated by the EMPLOYER. Article XXVII – Drug Testing Policy/Drug Free Workplace 27.1 The EMPLOYER and the UNION agree to continue the Drug Testing Program for those employees required to possess a valid Commercial Driver’s License as required by federal and state drug testing regulations. 27.2 All employees will maintain a drug free workplace in accordance with the Drug Free Workplace Policy for the City of Hastings’ employees. Article XXVIII - Duration This AGREEMENT shall be effective as of January 1, 2022 and shall remain in full force and effect until December 31, 2023. Article XXIX – Seasonal Temporary Employees: Public Employees covered under this AGREEMENT who are hired on a seasonal or temporary basis for 180 days per calendar year or less, are not eligible for any benefits of the LABOR AGREEMENT. No seasonal or temporary employees shall operate any equipment requiring a Commercial Driver’s License or any heavy equipment. VIII-10 23 No seasonal employees will be hired while any bargaining unit members are in layoff status. Seasonal employees will not be paid more than 60% of the lowest base union compensation rate. Approved by the Hastings City Council: Date: ____________________ Approved by the IUOE Local No. 49 Date: ___________________ FOR THE CITY OF HASTINGS: FOR THE INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL No. 49: Mary Fasbender, Mayor Jason George, Business Manager Dan Wietecha, City Administrator Jonathan Turner, Area Business Representative Kelly Murtaugh, City Clerk Josh Sirinek, Steward Robert Clark, Steward Tim Tessier, Steward VIII-10 24 CITY OF HASTINGS AND I.U.O.E., LOCAL No. 49 Memorandum of Understanding: Commercial Driver’s License The purpose of this Memorandum of Understanding is to assist both Labor and Management in dealing with Commercial Driver’s License (CDL) rules and the pending changes to those rules. The following conditions will apply to employees in the Local 49 Bargaining Unit. A. If an employee temporarily loses his/her driver’s license and CDL, the Employer may choose, on a case-by-case basis, to accommodate the employee by assigning him/her to duties that do not require a driver’s license/CDL, not to exceed twelve (12) months during the employee’s tenure with the City, and/or not to exceed two (2) revocations as a result of driving violations. B. If the temporary loss of a driver’s license is the result of an alcohol-related offense, the employee will be required to comply with the recommendations of a licensed Substance Abuse Professional. Proof of compliance with the Substance Abuse Professional recommendations will be provided to the Employer before an employee will be permitted to return to work. C. The application of this agreement will begin for an individual as of the date of his/her license revocation regardless of subsequent procedures contesting the revocation. D. This Memorandum of Understanding applies to driving violations outside the workplace. E. This Memorandum of Understanding does not include positive test results from applicable state or federal required testing procedures, including but not limited to random testing. F. A $2.00 per hour decrease in pay will begin as of the revocation date. Any hourly wages not paid to an employee during the revocation of the employee’s driver’s license/CDL will not be reimbursed regardless of the outcome of any subsequent contesting of the revocation. This Memorandum will remain in effect from January 1, 2022, through December 31, 2023. This agreement may be terminated by either party’s request with 90 days written notification. As of January 1, 2022, this Memo may be extended, modified, or eliminated at either party’s request. Approved by the Hastings City Council: Date: _________________ Approved by the IUOE Local No. 49 Date: _________________ VIII-10 25 FOR THE CITY OF HASTINGS: FOR THE INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL No. 49: Mary Fasbender, Mayor Jason George, Business Manager Dan Wietecha, City Administrator Jonathan Turner, Area Business Representative Kelly Murtaugh, City Clerk Josh Sirinek, Steward Robert Clark, Steward Tim Tessier, Steward VIII-10 26 CITY OF HASTINGS AND I.U.O.E., LOCAL No. 49 Memorandum of Understanding: Alternative Work Week I. Purpose: The purpose of this Memorandum of Understanding is to provide for a change in overtime payments under the current Labor Agreement. Whenever the City of Hastings and I.U.O.E. Local 49 agree that employees may work a schedule different than the ones outlined in the contract, the requirements of Article XI, Section 11.1, shall be modified. II. Alternative Work Week Schedules a. In the event that the City of Hastings establishes a work week of four (4) consecutive ten (10) hours days (7:00 a.m. to 5:00 p.m.), Monday through Thursday or Tuesday through Friday, overtime will be paid only after ten (10) hours of work in one day or forty (40) hours of work in one week. b. In the event that the City of Hastings establishes a work week of four (4) consecutive nine (9) hour days (7:00 a.m. to 4:00 p.m.) and one (1) four (4) hour day (7:00 a.m. to 11:00 a.m.), Monday through Friday, overtime will be paid only after nine (9) hours of work in one (1) day or forty (40) hours in one week. c. In the event that the City of Hastings establishes a work week of four (4) consecutive eight (8) hour and fifteen (15) minute days (6:45 a.m. to 3:00 p.m.) and one (1) seven (7) hour day (6:45 a.m. to 1:45 p.m.) Monday through Friday, overtime will be paid only after eight (8) hours and fifteen (15) minutes of work in one day or (40) hours in one week. III. Holidays a. For a week with a holiday, employees working a “four-10’s” shift will work three (3) ten (10) hour days, be paid for eight (8) hours of holiday pay, and use two (2) hours of vacation or compensatory time to account for their weekly hours. b. For a week with a holiday, employees working a “four-9’s and one 4” shift will work be paid for eight (8) hours of holiday pay and use one (1) hour of vacation or compensatory time to account for their weekly hours. c. For a week with a holiday, employees working a “four 8 and 15’s and one 7” will be paid for (8) hours of holiday pay, and use fifteen (15) minutes of vacation or compensatory time to account for their weekly hours. IV. Use of Leave a. Any use of vacation, sick, or compensatory time will be accounted for as ten (10) hours per day of usage. b. Any use of vacation, sick, or compensatory time will be accounted for as either nine (9) or four (4) hours per day of usage, depending on the employee’s schedule. c. Any use of vacation, sick or compensatory time will be accounted for as either eight (8) hours and fifteen (15) minutes or seven (7) hours per day of usage, depending on the employee’s schedule. VIII-10 27 V. Effective This Memorandum will remain in effect during the current Labor Agreement. This agreement may be terminated by either party’s request with 7 days written notification. Termination of the Memorandum of Understanding is not cause for grievance. This Memo may be extended, modified, or eliminated at either party’s request. Approved by the Hastings City Council: Date: __________________ Approved by the IUOE Local No. 49 Date: __________________ FOR THE CITY OF HASTINGS: FOR THE INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL No. 49: Mary Fasbender, Mayor Jason George, Business Manager Dan Wietecha, City Administrator Jonathan Turner, Area Business Representative Kelly Murtaugh, City Clerk Josh Sirinek, Steward Robert Clark, Steward Tim Tessier, Steward VIII-10 City Council Memorandum To: Mayor Fasbender & City Council Members From: Chris Eitemiller, Finance Manager and Ashley Bertrand, Senior Accountant Date: November 15, 2021 Item: 2021 3rd Quarter Financial Report Council Action Requested: Review and approve the attached third quarter financial report. Background Information: The third quarter financial report is a quarterly update of 2021 activity through September 30, 2021. Consistent with past practice, some numbers in the report are adjusted to take into consideration the effects of year-end accruals and year-to-year allocation differences. Detail of the City’s investments holdings is provided in Appendix A. Detail of the City’s capital infrastructure projects is provided in Appendix B. Financial Impact: N/A Advisory Commission Discussion: N/A Council Committee Discussion: N/A Attachments: 2021 3rd Quarter Financials Appendix A – 2021 Investment Holdings as of September 30, 2021 Appendix B – 2021 Capital Infrastructure Projects as of September 30, 2021 VIII-11 2021 3rd Quarter Financial Update 2 | P a g e 2021 3rd Quarter Financial Update Government Funds General Fund Revenue Summary: The largest source of revenue is property tax levy. The City received the first-half settlement in July. The second-half will be paid in two payments; we will receive an advance in December, and the remainder in January, 2022. Our investments are not performing well due to the COVID-19 Pandemic. City Clerk revenues are low due to waiving first-half license fees. VIII-11 2021 3rd Quarter Financial Update 3 | P a g e General Fund Expense Summary: Legal expenses are running higher than prior years after a change in attorneys. The 2022 budget is anticipating this trend will continue. VIII-11 2021 3rd Quarter Financial Update 4 | P a g e Parks - Fund 200 Joint Facility revenue is lower than anticipated; we are awaiting the third quarter payment. VIII-11 2021 3rd Quarter Financial Update 5 | P a g e Aquatic Center – Fund 201 This year’s pool operations were very strong, after being closed in 2020 in response to the pandemic. VIII-11 2021 3rd Quarter Financial Update 6 | P a g e Heritage Preservation – Fund 210 Fire & Ambulance – Fund 213 The City received large State and Federal Stimulus payments for Medicare patients, which explains the large amount in the percentage of budget in the grant revenue line item. The rural fire contact is paid bi-annually item, so 50% is appropriate. Charges for Services revenue item is Ambulance revenue, which has increased since the second quarter financial update. The Miscellaneous category is higher, which consist of equipment sales, donations, and insurance recoveries. VIII-11 2021 3rd Quarter Financial Update 7 | P a g e Fire & Ambulance – Fund 213 continued Police Reserve – Fund 221 VIII-11 2021 3rd Quarter Financial Update 8 | P a g e Arena – Fund 615 VIII-11 2021 3rd Quarter Financial Update 9 | P a g e Enterprise Funds The Enterprise funds consist of our three utility funds and the hydro plant. Water – Fund 600 Water Revenue is steady with 65% collected as of September 30th. VIII-11 2021 3rd Quarter Financial Update 10 | P a g e Sewer – Fund 601 Storm Water – Fund 603 VIII-11 2021 3rd Quarter Financial Update 11 | P a g e Hydro – Fund 620 Lower water levels during the summer impacted the hydro plant’s production. This is reflected in the lower revenue amount generated through third quarter. For the final quarter of 2021, the plant is expected to be producing at a higher capacity, which should improve the year’s revenue. With fewer breakdowns this year, even if revenues stay at current trend, the plant should stay within budget for the year. Debt Service expenditures are as anticipated. The principal payment due date is February 1st; all principal payments were made as of the end of the first quarter. Interest payments are made on February 1st as well as August 1st. VIII-11 2021 3rd Quarter Financial Update 12 | P a g e Transfers 2021 Transfers Quarterly transfers are made for administrative charges, internal funding, and savings needs. Transfers posted for 3rd quarter 2021 were all budgeted transfers or budgeted use of stabilization funds. VIII-11 2021 3rd Quarter Financial Update 13 | P a g e Cash and Investments Balances Cash balances fluctuate throughout the year based on planned spending, receipt of fund revenues and the timing of property tax payments. The cash balance within a fund can be one indicator of the health of the fund. FUND DESCRIPTION September 30, 2020 September 30, 2021 General Fund 5,926,696 6,519,194 Parks 927,888 1,265,617 Aquatic Center 286,722 306,145 Cable TV 113,122 111,762 Cable Access 39,340 39,423 Heritage Preservation 81,003 84,122 Fire & Ambulance 748,327 983,543 LeDuc Historical Estate Operations 160,696 174,633 Police Reserves 8,925 17,981 DUI Enforcement & Forfeitures 32,590 37,227 Drug Awareness & Forfeitures 12,336 12,339 2015 Equipment Certificates 41,057 6,883 2016 Equipment Certificates 43,575 47,881 Aquatic Center Debt Service 16,426 16,425 Parks Facility Bonds 373,998 323,179 2013 Equipment Certificates 77,852 85,370 2014 Equipment Certificates 61,668 16,461 Parks Capital Projects 75,743 260,903 Budget Stabilization Fund 332,085 345,232 Guardian Angels - TIF (099) 18,248 19,690 HEDRA 706,979 1,369,161 NAPA-TIF (116) (11,005) 6,431 Downtown Redevelopment TIF (007) (19,870) (20,543) TIF 7 Hudson Sprayers 0 7,455 2020 Improvements (1,261,032) (242,410) 2021 Improvements 0 (9,632) 2022 Improvements 0 (2,867) Debt Redemption 1,076,724 1,016,100 2016A GO TIF (quasi refunding) Bonds 177,772 176,237 2009A GO Improvement Bonds 105,359 13,783 2010B GO Improvement Bonds 148,859 136,759 2011 GO Improvement Bonds 323,197 148,217 2012 GO Improvement Bonds 134,737 125,680 2013 GO Improvement Bonds 96,832 84,976 2014 GO Improvement Bonds 168,234 172,463 2015 GO Improvement Bonds 168,523 169,116 2016 GO Improvement Bonds 283,790 267,930 2017 GO Improvement Bonds 126,826 108,544 2018 GO Improvement Bonds 148,134 20,274 2019 GO Improvement Bonds 946,285 981,000 2020 GO Improvement Bonds 0 79,701 2021 GO Improvement Bonds 0 0 Water 2,435,792 3,016,737 Wastewater 999,945 2,055,014 Storm Water 723,186 1,011,317 VIII-11 2021 3rd Quarter Financial Update 14 | P a g e Arena 503,433 569,990 Hydro Electric (246,451) 127,672 Retiree Health 215,433 64,680 Compensated Absences 192,075 60,645 Vehicle & Equipment Fund 554,996 235,492 Insurance Fund 109,496 242,942 Escrow -Dev/Eng/TIF-HRA 219,974 723,317 Ruth Doffing Trust Fund-Library 97,927 93,948 C. Simmons Trust 221,578 221,625 C. Simmons Residuary 32,713 1,060 VIII-11 2021 3rd Quarter Financial Update 15 | P a g e Investments The City’s total investment portfolio was valued at $16,751,656 as of September 30, 2021. Allocation of the City’s portfolio is as follows. Additional detail is available in Appendix A. Additional Information Further detail of the information presented here may be obtained by contacting the Finance Department. The Finance Manager may be reached for questions at 651-480-2347 or CEitemiller@Hastingsmn.gov. The Senior Accountant may be reached at 651-480-2354 or ABertrand@Hastingsmn.gov. VIII-11 2021 3rd Quarter Financial Update 16 | P a g e Appendix A – Investment Holdings Detail of Municipal Bonds, Agencies and CDs VIII-11 2021 3rd Quarter Financial Update 17 | P a g e VIII-11 2021 3rd Quarter Financial Update 18 | P a g e Appendix B – Capital Infrastructure Status Through the third quarter in 2021 the Mill & Overlay, Crack Seal and Seal Coat Programs, Parks Trail Improvements, and the 21st Street Water Quality programs have been completed. The Water Meter Replacement program, traffic marking program, 2021 Neighborhood Infrastructure and Sanitary Sewer Lining Programs are all still in process. VIII-11 City Council Memorandum To: Mayor Fasbender & City Councilmembers From: Chris Eitemiller, Finance Manager and Ashley Bertrand, Senior Accountant Date: November 15, 2021 Item: Delinquent Utility Billing Certification Council Action Requested: The Council is requested to authorize the Finance Department to certify delinquent utilities to Dakota County. Background Information: On June 15, 2020, City Council approved a process change regarding collecting delinquent utilities. This process-change resulted in eliminating disconnecting water service for delinquent residents, and instead certifying delinquent utilities to the residents’ property taxes. Per this process change, delinquent utility amounts will be certified to Dakota County annually. A list of utility accounts with a delinquent balance was compiled and notices dated October 15, 2021 were mailed. These customers were informed of their delinquent status and were asked to make payment of the delinquent balance by November 15, 2021. Utility accounts with unpaid delinquent balance are being certified to Dakota County to be added to property taxes payable in 2022. The certification amount is equal to the unpaid delinquent balance. Due to the COVID-19 Pandemic Emergency Order, penalties and fees were waived in 2020. The $50 certification fee will be included in this year’s process. Financial Impact: N/A Advisory Commission Discussion: N/A Council Committee Discussion: N/A Attachments: List of delinquent utility accounts to be certified to Dakota County. VIII-12 2021 Delinquent UB Certifications ADMIN PID Delinq Bal FEE TOTAL 193215003214 157.05 50.00 207.05 193215103040 49.44 50.00 99.44 193215110040 67.66 50.00 117.66 193215116070 134.23 50.00 184.23 193215116010 286.93 50.00 336.93 191050019180 488.00 50.00 538.00 193215025030 390.04 50.00 440.04 193215019021 340.41 50.00 390.41 193215018070 305.10 50.00 355.10 191050027170 194.51 50.00 244.51 191050024170 117.35 50.00 167.35 193215034070 39.98 50.00 89.98 193215039081 364.33 50.00 414.33 191050041090 254.32 50.00 304.32 193215050041 369.18 50.00 419.18 193215053030 330.36 50.00 380.36 191050045070 363.94 50.00 413.94 191050042110 389.01 50.00 439.01 191050043100 666.21 50.00 716.21 193190003130 662.07 50.00 712.07 191320004101 253.55 50.00 303.55 193215067050 133.36 50.00 183.36 193215069030 75.68 50.00 125.68 191125014063 80.17 50.00 130.17 193195005010 101.15 50.00 151.15 195750004010 81.56 50.00 131.56 193195019050 125.53 50.00 175.53 193210007030 106.25 50.00 156.25 191830003080 30.81 50.00 80.81 196330000267 538.45 50.00 588.45 196330000160 418.97 50.00 468.97 196330000165 125.89 50.00 175.89 198375000360 523.77 50.00 573.77 198375000450 521.20 50.00 571.20 191360007020 118.33 50.00 168.33 198375000120 123.65 50.00 173.65 198375000270 127.35 50.00 177.35 192580001010 249.74 50.00 299.74 190380010020 337.15 50.00 387.15 194120001060 266.02 50.00 316.02 196360001010 241.73 50.00 291.73 191320008140 217.89 50.00 267.89 190270055010 99.25 50.00 149.25 194470102030 125.89 50.00 175.89 VIII-12 2021 Delinquent UB Certifications ADMIN PID Delinq Bal FEE TOTAL 195770101030 480.13 50.00 530.13 196660102023 199.63 50.00 249.63 197700005110 55.48 50.00 105.48 197700004020 187.42 50.00 237.42 197700002070 667.82 50.00 717.82 191950106020 162.34 50.00 212.34 197100102010 412.07 50.00 462.07 197100103010 794.58 50.00 844.58 197332000030 58.22 50.00 108.22 198324101060 214.75 50.00 264.75 191630002031 255.94 50.00 305.94 191470001132 519.58 50.00 569.58 191470302030 403.69 50.00 453.69 198170005050 323.14 50.00 373.14 191750114050 513.92 50.00 563.92 197102601020 310.29 50.00 360.29 197102602010 77.37 50.00 127.37 197102602020 77.37 50.00 127.37 197102602030 77.37 50.00 127.37 197102602050 77.37 50.00 127.37 197102602070 77.37 50.00 127.37 197102602090 77.37 50.00 127.37 197102602100 77.37 50.00 127.37 197102602110 77.37 50.00 127.37 197102602120 77.37 50.00 127.37 197102603130 42.54 50.00 92.54 191640401080 559.58 50.00 609.58 191640402100 508.19 50.00 558.19 191640402340 314.54 50.00 364.54 191640402350 619.56 50.00 669.56 191640301090 7.88 50.00 57.88 197320501030 295.44 50.00 345.44 196437505126 13.58 50.00 63.58 196437702203 181.82 50.00 231.82 196437501100 1,116.55 50.00 1,166.55 196438002030 887.68 50.00 937.68 197102602060 77.37 50.00 127.37 196438204170 77.37 50.00 127.37 196438204160 77.37 50.00 127.37 196438204150 77.37 50.00 127.37 196438103180 42.54 50.00 92.54 196438103170 42.54 50.00 92.54 197122001020 77.37 50.00 127.37 193120001080 51.32 50.00 101.32 VIII-12 2021 Delinquent UB Certifications ADMIN PID Delinq Bal FEE TOTAL 193120001030 246.56 50.00 296.56 198430010109 212.14 50.00 262.14 197105104070 520.28 50.00 570.28 197105802010 77.37 50.00 127.37 197105802020 77.37 50.00 127.37 197105802030 77.37 50.00 127.37 197105802040 77.37 50.00 127.37 197105802050 77.37 50.00 127.37 197105802060 77.37 50.00 127.37 197105802070 77.37 50.00 127.37 197105802110 77.37 50.00 127.37 197105801050 77.37 50.00 127.37 197105801060 77.37 50.00 127.37 197105801070 77.37 50.00 127.37 197105801080 77.37 50.00 127.37 197105801090 77.37 50.00 127.37 197105801100 77.37 50.00 127.37 197105801120 77.37 50.00 127.37 197105801130 77.37 50.00 127.37 193200002012 84.59 50.00 134.59 193200002012 162.91 50.00 212.91 192970203310 178.49 50.00 228.49 190350091011 19.92 50.00 69.92 190410030010 58.22 50.00 108.22 190410038016 58.22 50.00 108.22 196438200010 77.37 50.00 127.37 196438209010 77.37 50.00 127.37 197122000010 77.37 50.00 127.37 197102600011 77.37 50.00 127.37 197105800010 77.37 50.00 127.37 197105600011 77.37 50.00 127.37 Totals 25,562.87 5,950.00 31,512.87 VIII-12 City Council Memorandum To: Mayor Fasbender & City Council Members From: Ryan Stempski – City Engineer Date: November 10, 2021 Item: Termination of 2021 Watering Ban Council Action Requested: The Council is requested to approve the attached resolution terminating the water sprinkling and other exterior water usage restrictions implemented in 2021. Background Information: On July 15, 2021, the metro was declared a moderate drought and the Minnesota Department of Natural Resources strongly recommended actions to reduce summer demands on municipal water supplies. On July 19, 2021, the City Council restricted the exterior watering of properties by passing Resolution No. 07-12-21. This resolution remains in effect until terminated by the City Council, therefore as a formality we have attached a resolution for this action. During high heat, water evaporates quickly. To encourage water conservation and wise irrigation habits, it is recommended that the City Council review a permanent time of day restriction prior to the summer of 2022. Financial Impact: Not applicable Attachments: Resolution Terminating the Water Sprinkling and Other Exterior Water Usage Restrictions VIII-13 CITY OF HASTINGS DAKOTA COUNTY STATE OF MINNESOTA RESOLUTION NO. A RESOLUTION TERMINATING THE WATER SPRINKLING AND OTHER EXTERIOR WATER USAGE RESTRICTIONS WHEREAS, on July 15, 2021, the metro area was declared a “Moderate Drought” according to a map published by the National Oceanic and Atmospheric Administration; and WHEREAS, to ensure that the needs of households and businesses were met, on July 19, 2021, the City Council adopted Resolution No. 07-12-21 pursuant to City Code Section 51.05 G.2, which restricted the exterior watering of properties; and WHEREAS, such Resolution is still in effect until terminated by the City Council; and WHEREAS, due to the time of year, such exterior water usage restrictions are no longer necessary. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Hastings hereby terminates Resolution No. 07-12-21 and such watering restrictions contained therein shall no longer be in effect. Passed the 15th day of November, 2021. Mary Fasbender, Mayor Attest: Kelly Murtaugh, City Clerk VIII-13 City Council Memorandum To: Mayor Fasbender & City Council Members From: Ryan Stempski – City Engineer Date: November 10, 2021 Item: Authorize Signature of Contract for Design, Bidding, and Construction Services – New Unheated Storage Building Council Action Requested: The Council is requested to approve the attached resolution to authorize signature of a professional services contract with ISG, Inc. to perform design, bidding, and the construction support of a new unheated storage facility to be located on the Public Works Building site. Background Information: On November 1, 2021, the Council approved a proposal from ISG, Inc. to perform professional design and construction phase services for the new unheated storage facility to be located on the Public Works Building site. We are now including a resolution and contact for signature. Financial Impact: The estimated total cost for design, bidding, and construction services to complete a new unheated storage facility is $96,065. Attachments: Resolution Authorizing Signature of Contract with ISG, Inc. for Professional Services Related to Design and Construction Support for the Public Works Unheated Storage Facility ISG CONTRACT for Design, Bidding, and Construction Services for a New Unheated Storage Facility VIII-14 CITY OF HASTINGS DAKOTA COUNTY STATE OF MINNESOTA RESOLUTION NO. A RESOLUTION AUTHORIZING SIGNATURE OF CONTRACT WITH ISG, INC. FOR PROFESSIONAL SERVICES RELATED TO DESIGN AND CONSTRUCTION SUPPORT FOR THE PUBLIC WORKS UNHEATED STORAGE FACILITY WHEREAS, on November 1, 2021, the City Council authorized ISG, Inc. to perform design, bidding, and construction services to complete a new unheated storage facility; and WHEREAS, the total estimated cost for these services is $96,065 as detailed in the ISG proposal dated October 18, 2021; and WHEREAS, a professional services contract has now been received by ISG, Inc. NOW THEREFORE BE IT RESOLVED that the City Council of the City of Hastings approves the contract, subject to minor modification as approved by the City Attorney and the appropriate officials are authorized to take such action as to effectuate its execution and implementation. Passed the 15th day of November, 2021. Mary Fasbender, Mayor Attest: Kelly Murtaugh, City Clerk VIII-14 VIII-14 VIII-14 VIII-14 VIII-14 VIII-14 VIII-14 VIII-14 VIII-14 VIII-14 VIII-14 VIII-14 VIII-14 VIII-14 VIII-14 VIII-14 VIII-14 VIII-14 VIII-14 VIII-14 VIII-14 VIII-14 VIII-14 VIII-14 O C T O B E R 1 8 , 2 0 2 1 Ryan Stempski City Engineer City of Hastings 1225 Progress Drive Hastings, MN 55033 651.480.2368 rstempski@hastingsmn.gov 7900 International Drive + Suite 550 + Bloomington, MN 55425 952.426.0699 + ISGInc.com Architecture + Engineering + Environmental + Planning RE: PROFESSIONAL BUILDING DESIGN SERVICES PROPOSAL FOR NEW PUBLIC WORKS STORAGE BUILDING HASTINGS , MN Ryan, As the City of Hastings looks to break ground on a new 12,000 square foot unheated storage facility for its Public Works department, ISG stands eager to assist. Backed by 350+ multi-disciplinary professionals and a sound project understanding, ISG proposes to provide the following services to design and construct the pre-engineered metal structure. SCOPE OF SERVICES Task 1 – Site Design + Construction Documents SITE DEVELOPMENT PLANS Utilizing the survey, base files and overall site plan documents provided by the City of Hastings, ISG will further develop the overall plan and prepare development plans for the entire development including utility designs, grading and stormwater management plans. ISG will provide the following development services for City submittal and approval: • Existing Conditions Plan • Site Grading + Drainage Plans • Utility Plans • Paving, Curb, and Gutter Plan • Site Signage, Striping, and Traffic Control Plan • Stormwater Pollution Prevention Plan • Landscaping Plans • Site Lighting + Photometrics Plan ISG will update site plans from the City approval process into construction documents for the project. This will include coordination and preparation of a final set of construction documents for construction of the project. ISG will prepare construction specifications as required for the civil and landscape architecture site plans. All necessary specifications from the City, County, and Department of Transportation will be incorporated or referenced as applicable. Task 2 – Building Design Services ARCHITECTURE Based on the approved building program and conceptual site plans, ISG will develop architectural schematic design, design development, and construction documents including floor plans, roof plans, exterior building elevations and sections, interior elevations and details, ceiling plans, wall types and sections, door and hardware schedules, finish schedules, miscellaneous details, and specifications. All required plans, details and specifications will be provided for design, approvals, and construction. ISG will also provide a code analysis, code record plan, the required plan review submittals, and any necessary responses to the local code official. All plan review fees will remain the responsibility of the Owner. VIII-14 Page 2 of 4 952.426.0699 + ISGInc.com STRUCTURAL ENGINEERING ISG will prepare footing and foundation design in accordance with the soils identified in the geotechnical report, as well as provide appropriate floor slab design and plan, wall and roof framing design, miscellaneous structural steel design, lintel design, concrete and masonry design, and applicable sections, details, and specifications. Special inspections can be coordinated on an hourly basis if requested. MECHANICAL ENGINEERING (HVAC + PLUMBING) ISG will provide HVAC plans and equipment specifications, sizing, and location needed to serve the facility, as well as prepare a fire suppression performance specification and provide coordination with the selected fire suppression contractor. ISG will also prepare and coordinate the required plumbing plan submittal to the applicable review agencies, and provide plumbing design, including water and sanitary sewer, piping layout and design, plumbing isometrics, miscellaneous details, schedules, and specifications. Associated review and permit fees will be the responsibility of the Owner. ELECTRICAL ENGINEERING ISG will provide electrical plans and specifications for building and site electrical needs including the following: • New electric service • Power distribution (new or revised based on application) • Panelboard layout schedules • General Interior and site lighting • Fire alarm system • Wiring diagrams ASSUMPTIONS FOR BUILDING DESIGN SERVICE S • No photorealistic rendering will be provided as part of basic services o 3D renderings would be provided on T+M basis Task 3 – Permitting, Approvals, and Coordination (If Required) PERMIT APPLICATIONS, SUBMITTALS , PRESENTATIONS, AND REPRESENTATION ISG is prepared to assist with coordination and navigation of the local permitting and approvals processes. It is anticipated that this will involve submitting plans and preparing the necessary applications and supplemental information as required for City review, and watermain construction and sanitary extension permitting as required by the Minnesota Pollution Control Agency (MPCA) and Minnesota Department of Health (MDH). Site Development review through the City of Hastings as well as any other permit applications that will be required to facilitate development of the site will also be included within this work. This will also include meeting and coordination with Dakota County as needed to facilitate entitlements. We will also provide representation on your behalf and prepare other requested items including project letters, narratives, and other supplemental information required by state and local reviewing agencies. It is anticipated that the Owner will be responsible for required application, review, permitting, and related fees. This phase assumes that attendance at all required meetings including a pre-application meeting, plan review meetings, watershed district meetings, Planning Commission meetings, and City Council meetings. VIII-14 Page 3 of 4 952.426.0699 + ISGInc.com PROJECT STATUS + REVIEW MEETINGS ISG will work closely with City leadership throughout the design process and preparation of construction documents. Progress prints will be submitted to the Owner and pertinent local government units to keep everyone apprised of the progress and decisions made during the design process. Task 4 – Construction Phase Services (If Required) BID ADMINISTRATION ISG will prepare an advertisement for bids to assist with solicitation of competitive general contractor bids. We are prepared respond to contractor questions and issue clarifications via addendum if necessary. We will also provide assistance with bid evaluation, issuance of a recommendation of award, and preparation of the Notice to Proceed and Agreement between the Owner and Contractor. CONSTRUCTION ADMINSTRATION SERVICES ISG can provide construction support services on a Time and Materials basis as needed for the project. This will involve construction phase services such as shop drawing and submittal review, review and approval of change orders and payment requests, and project close-out, which includes a site walk-through and preparation of a final punchlist as well as 10 month warranty walkthrough and closeout. It is anticipated this phase will also include an on-site visit once every two (2) weeks, along with weekly online meetings. However, ISG will work with City staff to limit these services if they are not needed and/or modify involvement as requested. COMPENSATION ISG proposes to provide the scope of services described within this proposal for compensation as outlined in the following table: Various Fees + Reimbursable Expenses Anticipated reimbursable expenses such as travel, mileage, and printing are included within the compensation listed. The developer will be responsible for any costs related to review, permitting, televising, and other related fees not otherwise outlined within this proposal. SERVICE COMPENSATION Task 1 – Site Design and Construction Documents $18,000 Task 2 – Building Design Services Itemized Below Architecture + Interior Design $35,000 Structural Engineering $10,500 Mechanical Engineering (HVAC + Plumbing) $7,500 Electrical Engineering $5,000 Task 3 – Permitting, Approvals, and Coordination (If Required) T+M Est. $2,500 Task 4 – Construction Phase Services Itemized Below Bid Administration $3,500 Construction Administration T+M Est. $14,065 VIII-14 Page 4 of 4 952.426.0699 + ISGInc.com ADDITIONAL SERVICES Upon request, ISG is able to provide additional services to meet the needs of your project. These additional services can include additional design or construction related services for the development, if required to meet the needs of the project. A subsequent proposal for these services will be provided upon request. Please contact me at 952.426.0699 or via email at Andy.Brandel@ISGInc.com with any questions regarding our services or this proposal. Sincerely, Andy Brandel, PE Senior Vice President Andy.Brandel@ISGInc.com ACKNOWLEDGEMENT OF ACCEPTANCE Accepted this _____ day of ______________, 2021 For: By: Title: This proposal is valid for 30 days. VIII-14 Architecture + Engineering + Environmental + Planning ISGInc.com Firm 2021 Standard Hourly Rates Rates effective as of January 1, 2021, and are subject to change on an annual basis. Administrative I - IV $66-124 Applied Technology Specialist I - Senior $91-136 Architect I - Senior $109-190 Architectural Designer I - Senior $100-142 Business Developer I - Senior $124-187 Business Writer I - Senior $93-103 Civil Engineer I - Senior $123-190 Civil Designer I - Senior $96-138 Community Resource Planner I - Senior $112-165 Construction Administrator I - Senior $99-140 Drone Specialist I - Senior $91-136 Electrical Engineer I - Senior $121-190 Electrical Designer I - Senior $99-179 Environmental Scientist/ Engineer/Specialist I - Senior $109-170 GIS Specialist I - Senior $109-169 Graphic Designer I - Senior $88-108 IT Specialist I - Senior $108-160 Interior Designer I - Senior $110-170 Land Surveyor I - Senior $101-180 Land Survey Specialist I - Senior $91-136 Landscape Architect I - Senior $117-187 Landscape Designer I - Senior $102-139 Marketing Consultant/Specialist I - Senior $103-160 Mechanical Engineer I - Senior $121-190 Mechanical Designer I - Senior $99-136 Project Coordinator I - IV $111-145 Project Manager I - Senior $124-190 Refrigeration Designer I - Senior $105-160 Refrigeration Engineer I - Senior $125-210 Senior Finance Consultant $160 Structural Engineer I - Senior $118-190 Technical Writer I - Senior $124-139 Technology Designer I - Senior $99-179 Technology Engineer I - Senior $121-190 Visualization Specialist I - Senior $145-176 Videographer $124 Water/Wastewater Designer I - Senior $96-143 Water/Wastewater Engineer I - Senior $123-190 Water/Wastewater Project Manager I - Senior $124-190 Equipment Expenses 3D Laser Scanner $63 All-Terrain Vehicle $25 Drone $125 Mapping Grade GPS $19 Survey Grade GPS/Robotics $56 Traffic Counter $11 Mileage is billed at the IRS allowable rate Consultant subcontracts are billed at cost +10% Hourly RateEmployee Type Hourly RateEmployee Type Hourly RateEmployee Type VIII-14 City Council Memorandum To: Mayor Fasbender & City Council Members From: Bryan D. Schafer, Chief of Police Date: November 15, 2021 Item: Public Safety Advisory Commissioner Appointment Council Action Requested: Council is asked to appoint Victoria Baukol to fill the remainder of a two-year term on the Public Safety Advisory Commission previously held by Steve Holmes. Background Information: Baukol participated in an oral interview before a panel consisting of PSAC Chair Dolores Pemble, City Administrator Dan Wietecha, and Police Chief Bryan Schafer. At the conclusion of the interview, the panel unanimously recommended Baukol. Vicky will serve the balance of a 2-year term previously held by Steve Holmes commencing 01/01/2020 to 12/31/2021 and anticipate re-appointing her at the end of the year for another term. Financial Impact: None Advisory Commission Discussion: Public Safety Advisory Commission Chair, Pemble. Council Committee Discussion: N /A Attachments: Advisory Commission Interest Form VIII-15 V I I I - 1 5 V I I I - 1 5 City Council Memorandum To: Mayor Fasbender & City Councilmembers From: John Hinzman, Community Development Director Date: November 15, 2021 Item: Public Hearing\Resolution: Comprehensive Plan Amendment #2021-45 - Mixed Use High Residential Council Action Requested: Hold a public hearing and consider adoption of the attached resolution amending the 2040 Comprehensive Plan as follows: 1) Creation of a Mixed Use High Residential (MUHR) Land Use Category - Increases the number of dwelling units to 85 units per acre. Uses and potential zoning districts similar to the existing Mixed Use Land Use Category. 2) Designation of Property to MUHR - Property located west of Bailey Street between 2nd and 4th Street would be redesignated to MUHR. Properties include the proposed Stencil Group apartment building and the Red Rock Corridor Commuter Parking Lot. Approval requires a simple majority of the City Council. Background Information: The amendment is necessary to accommodate the proposed NJS Stencil Development of the former UBC North site into apartments. Financial Impact: The amendment allows for development of HEDRA property to increase the tax base. Advisory Commission Discussion: The Planning Commission voted 7-0 to recommend adoption of the proposed amendment at the November 8, 2021 meeting with limited discussion. No one spoke for or against the item during the public hearing. Council Committee Discussion: N\A Attachments: • Resolution • Planning Commission Staff Report - October 25, 2021 IX-01 & X-C-01 HASTINGS CITY COUNCIL RESOLUTION NO._________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS AMENDING THE CITY OF HASTINGS 2040 COMPREHENSIVE PLAN Councilmember ___________________________ introduced the following Resolution and moved its adoption: WHEREAS, The City of Hastings, owner of the property described below, has petitioned for an amendment to the 2040 Comprehensive Plan to create the Mixed Use High Residential (MUHR) Land Use Category and to redesignate property to the MUHR Land Use Category as depicted on Exhibit A. WHEREAS, On November 8, 2021 the Hastings Planning Commission recommended approval of the amendment as presented; and WHEREAS, The City Council has reviewed the request and concurs with the recommendation of the Planning Commission. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HASTINGS AS FOLLOWS: That the City Council hereby approves the amendment as presented to the City Council subject to the following conditions: 1. Approval by Metropolitan Council. Council member ______________________ moved a second to this resolution and upon being put to a vote adopted by those present. Adopted by the Hastings City Council on November 15, 2021, by the following vote: Ayes: Nays: Absent: IX-01 & X-C-01 ATTEST: __________________________ Mary Fasbender, Mayor ________________________________ Kelly Murtaugh, City Clerk (City Seal) 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 15th day of November, 2021, as disclosed by the records of the City of Hastings on file and of record in the office. ________________________________ Kelly Murtaugh, City Clerk This instrument drafted by: City of Hastings (JH) 101 4th St. E. Hastings, MN 55033 IX-01 & X-C-01 EXHIBIT A - COMPREHENSIVE PLAN AMENDMENT AMENDMENT CITY OF HASTINGS 2040 COMPREHENSIVE PLAN CREATION OF MIXED USE HIGH DENSITY (MUHD) LAND USE CATEGORY AND DESIGNATION OF PROPERTIES TO MUHD Chapter 4 - Land Use of the 2040 Hastings Comprehensive Plan, Future Land Use Objectives and Policies, Objective 3: Future Land Use Map and Future Land Use Categories shall be amended as follows: 1. Future Land Use Categories (Pages 4-40 & 4-41) - Add a new Plan Map Category termed “Mixed Use High Density” to the table as follows (note all language under “Land Uses” and “Potential Zoning Districts” is identical to the Mixed Use category with the exception of density): Plan Map Category Land Uses Potential Zoning Districts Mixed Use High Density Commercial retail or service businesses, offices and high-density housing. Commercial and residential development may be combined vertically in the same building. Parking may be in structures to maximize land development intensity. Park space should be small and intimate and may occur in the form of plazas. It is anticipated that 75% of acreage guided for mixed use will consist of high density residential uses and 25% will be guided towards commercial uses. In Downtown Hastings’ this land use category allows and promotes high-intensity office, retail, housing hospitality, public land uses, preferably in mixed-use buildings with strong pedestrian orientations and historic character. The density is expected to be no more 85 units per net acre. RMU - Residential Mixed Use or DC Downtown Core IX-01 & X-C-01 2. Future Land Use Map (Page 4-39) - The “Mixed Use High Density” Land Use Category shall be added to the map. The following properties generally located south of 2nd Street, west of Bailey Street\CP Railroad, and north of 4th Street shall be designated Mixed Use High Density: a. Lots 1,2,3,7, and 8, TOWN OF HASTINGS, Dakota County, Minnesota (currently guided Medium Residential) b. Block 16, TOWN OF HASTINGS, Dakota County, Minnesota (currently guided Mixed Use) IX-01 & X-C-01 To: Planning Commissioners From: John Hinzman, Community Development Director Date: November 8, 2021 Item: Comprehensive Plan Amendment - Creation of Mixed Use High Residential Land Use Category and Designation of Property Planning Commission Action Requested Review and make recommendation to the City Council on the attached amendment to the 2040 Comprehensive Plan including the following: 1) Creation of a Mixed Use High Residential (MUHR) Land Use Category - Increases the number of dwelling units to 85 units per acre. Uses and potential zoning districts similar to the existing Mixed Use Land Use Category. 2) Designation of Property to MUHR - Property located west of Bailey Street between 2nd and 4th Street would be redesignated to MUHR. Properties include the proposed Stencil Group apartment building and the Red Rock Corridor Commuter Parking Lot. BACKGROUND 2040 Comprehensive Plan The Comprehensive Plan serves as a roadmap for the future development of Hastings. The Plan establishes goals and objectives to guide future development decisions relating to land use and development. The 2040 Plan was adopted by the City Council in 2020 and is updated every ten years. The full Comprehensive Plan is hosted on our website at https://www.hastingsmn.gov/city- government/city-departments/planning-zoning/planning-documents/comprehensive-plan. Difference between the Comprehensive Plan and Zoning The Comprehensive Plan serves as a guiding document for future land use and includes a Future Land Use Map identifying desired land uses. The Zoning Ordinance is the legal mechanism for regulating land use and includes the zoning map which identifies zoning districts and permitted uses. The Future Land Use Map of the Comprehensive Plan is used to guide decisions on rezonings. Planning Commission Memorandum IX-01 & X-C-01 Adjacent Zoning and Land Use The following land uses abut the properties: Stencil Apartment - Former UBC North Property Medium Residential to Mixed Use High Residential Direction Use Comp Plan District Zoning District North 3rd Street Red Rock Corridor Commuter Parking Lot Mixed Use (Proposed Mixed Use High Residential) Downtown Core East CP Railroad Highway\Rail ROW R-2 Med Density South 4th Street UBC South - City Storage Medium Density Residential I-1 - Industrial Park West Mississippi Terrace Senior Housing & Residential Mixed Use RMU - Residential Mixed Use & R-2 Medium Density Residence Red Rock Corridor Commuter Parking Lot Mixed Use to Mixed Use High Residential Direction Use Comp Plan District Zoning District North 2nd Street Artspace Hastings Lofts Mixed Use Downtown Core East CP Railroad - Depot Highway\Rail ROW R-2 Med Density South 3rd Street Proposed Stencil Apartment Medium Density Residential (Proposed Mixed Use High Residential) I-1 - Industrial Park West Tyler Street Commercial and Future Siewert Apartments Mixed Use C-3 Community Regional Commerce and DC Downtown Core Public Notification Notification of the meeting was sent to all property owners within 350 feet of the proposed property. As of the writing of this report one phone call was received with questions on the change. Analysis • Creation of the Mixed Use High Residential Zone is necessary to accommodate the proposed Stencil Apartment Building on the former UBC North Property. IX-01 & X-C-01 • The downtown development pattern of buildings encompassing the majority of a given lot creates a higher percentage of lot coverage and increases the ratio of dwelling units to acre. A similarly sized building located outside of the downtown would have a greater lot of size and more open space that would lead to much lower ratio of dwelling units to acre. • Properties would be subject to height limits within the zoning code. Areas north of 3rd Street are limited to 47 feet in height. Areas south of 3rd Street are limited to 57 feet in height. ATTACHMENTS • Comprehensive Plan Amendment IX-01 & X-C-01 City Council Memorandum To: Mayor Fasbender & City Councilmembers From: John Hinzman, Community Development Director Date: November 15, 2021 Item: Public Hearing-2nd Reading\Adopt Ordinance: City Code Amendment – DC Zoning District Bulk Standards Council Action Requested: Hold a public hearing and consider 2nd Reading adopting the attached amendment to Hastings City Code Chapter 155.31, Subd. E.3 - Bulk Standards within the Downtown Core (DC) Zoning District. The City Council considered 1st Reading and ordered the public hearing at the November 1, 2021 meeting. Approval requires a simple majority of the City Council. Background Information: The amendment allows a maximum height of 57 feet for properties within the DC District south of 3rd Street. A 47 foot height limit would remain for areas north of 3rd Street. Financial Impact: N\A Advisory Commission Discussion: The Planning Commission voted 7-0 to recommend adoption of the proposed amendment at the October 25, 2021 meeting with limited discussion. No one spoke for or against the item during the public hearing. Council Committee Discussion: N\A Attachments: • Ordinance Amendment • Planning Commission Staff Report - October 25, 2021 IX-02 & X-C-02 CITY OF HASTINGS, MINNESOTA ORDINANCE NO. 2021-___ An Ordinance of the City of Hastings amending City Code Section 155.31 - Zoning Code Downtown Core Zoning District BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HASTINGS: SECTION 1. Hastings City Code Section 155.31, Subd. E.3 - Zoning Code - Downtown Core Zoning District Bulk Standards is hereby amended as follows (strikethrough language is deleted): (3) Maximum Building Height (a) Properties located north of 3rd Street: 47 feet or 756.5 feet above sea level; whichever is greater. Maximum of 4 stories in height. (b) Properties located south of 3rd Street: 57 feet. SECTION 2. EFFECTIVE DATE. This Ordinance shall be effective upon seven (7) days after its passage and publication. Adopted by the Hastings City Council on this 15th day of November 2021, by the following vote: Ayes: Nays: Absent: CITY OF HASTINGS ____________________________________ Mary Fasbender, Mayor ATTEST: _________________________________ Kelly Murtaugh City Clerk IX-02 & X-C-02 I hereby certify that the above is a true and correct copy of the Ordinance presented to and adopted by the City of Hastings, County of Dakota, Minnesota, on the 15th day of November 2021, as disclosed by the records of the City of Hastings on file and of record in the office. _____________________________ Kelly Murtaugh City Clerk IX-02 & X-C-02 To: Planning Commission From: John Hinzman, Community Development Director Date: October 25, 2021 Item: City Code Amendment - Bulk Standards - Downtown Core Zoning District Planning Commission Action Requested Hold a public hearing and review an amendment to Hastings City Code Chapter 155.31, Subd. E.3 – Bulk Standards within the Downtown Core (DC) Zoning District. Maximum height and story limitations within the DC District would differ for areas north and south of 3rd Street. Regulations for areas north of 3rd Street would not change. Areas zoned DC south of 3rd Street would have a maximum height of 57 feet. Downtown Core District The DC District was established in 2003 to establish uses, standards, and site design that were consistent with the Heart of Hastings Downtown Master Plan. Building height and story limits were established to ensure new buildings constructed along 2nd Street and the riverfront would not be out of scale with the existing historic landscape. Buildings could not exceed the height of the tallest building on 2nd Street (Finch Building). Properties Zoned DC Areas presently zoned DC are located downtown and include The Confluence, Block 1 (Art Space), Block 2 (Graphic Design), the larger parking lot next to the depot, and the recently approved Siewert Apartment building (colored purple on the map below). All existing areas are zoned DC are north of 3rd Street and would not be affected by the change. Planning Commission Memorandum IX-02 & X-C-02 Future Building Plans The City is reviewing conceptual plans for an apartment building on property to be zoned DC south of 3rd Street. The building would be slightly taller than the existing DC height limit and would be 4 stories of residential over first floor parking that would be slightly submerged. Analysis Areas south of 3rd Street are separate from the mass of connected buildings along 2nd Street and are home to buildings of greater heights. The effect of taller buildings south of 3rd street on the historic downtown is diminished because of their distance from 2nd Street. Attachments: • Ordinance Amendment IX-02 & X-C-02 Planning Commission Review CITY OF HASTINGS, MINNESOTA ORDINANCE NO. 2021-___ An Ordinance of the City of Hastings amending City Code Section 155.31 - Zoning Code Downtown Core Zoning District BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HASTINGS: SECTION 1. Hastings City Code Section 155.31, Subd. E.3 - Zoning Code - Downtown Core Zoning District Bulk Standards is hereby amended as follows (strikethrough language is deleted): (3) Maximum Building Height (a) Properties located north of 3rd Street: 47 feet or 756.5 feet above sea level; whichever is greater. Maximum of 4 stories in height. (b) Properties located south of 3rd Street: 57 feet. SECTION 2. EFFECTIVE DATE. This Ordinance shall be effective upon seven (7) days after its passage and publication. Adopted by the Hastings City Council on this 15th day of November 2021, by the following vote: Ayes: Nays: Absent: CITY OF HASTINGS ____________________________________ Mary Fasbender, Mayor ATTEST: _________________________________ Kelly Murtaugh City Clerk IX-02 & X-C-02 I hereby certify that the above is a true and correct copy of the Ordinance presented to and adopted by the City of Hastings, County of Dakota, Minnesota, on the 15th day of November 2021, as disclosed by the records of the City of Hastings on file and of record in the office. _____________________________ Kelly Murtaugh City Clerk IX-02 & X-C-02 City Council Memorandum To: Mayor Fasbender & City Councilmembers From: Justin Fortney, City Planner Date: November 15, 2021 Item: Variance #2021-38 – Side Yard Setback – 502 6th Street East – Matt Heiman Council Action Requested: Review and take action on the attached resolution denying the following variance request: 1. A variance to the ten-foot minimum street side yard setback in the R-2 Zoning District for an accessory structure as stipulated in Hastings City Code 155.05, Subd. D(11) A vote of 75% (6 of 7) of the entire City Council is required to effect any variation in the application of the zoning code. Background Information: Detached accessory buildings may be up to 5-feet from rear and interior side property lines and 10-feet from property lines along a side street. The additional setback along side streets is to reduce the visibility of accessory structures and provide a uniform streetscape. Staff and the Planning Commission concluded that the proposed improvement can be accomplished within the required setback requirements, albeit less convenient for the applicant. Please see the attached November 8, 2021 Planning Commission staff report for additional information. Financial Impact: N/A Advisory Commission Discussion: The Planning Commission voted 7-0 to recommend denial of the request at the November 8, 2021 meeting. The Planning Commissioners expressed concern over approving a variance for connivance rather than necessity. They also mentioned that X-C-03 other property owners that have been (or will be) in similar situations and met the requirements when faced with similar inconveniences. Only the applicant spoke to the proposal. Council Committee Discussion: N\A Attachments: • Resolution for denial • Planning Commission memo – November 8, 2021 • 7-page packet provided to the Planning Commission at the November 8, 2021 meeting X-C-03 HASTINGS CITY COUNCIL RESOLUTION NO. ______________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS SITTING AS THE BOARD OF ADJUSTMENT AND APPEALS DENYING THE REQUEST OF MATTHEW HEIMAN TO VARY FROM THE MINIMUM SIDE YARD SETBACK REQUIREMENTS OF HASTINGS CITY CODE 155.05(D)(11) AT 502 6TH STREET EAST Council member ___________________________ introduced the following Resolution and moved its adoption: WHEREAS, Matt Heiman, property owner, has petitioned for a five foot variance from the ten foot minimum R-2 Side Yard setback requirement of Hastings City Code 155.05(D)(11) to allow construction of an accessory structure on property generally located at 502 6th Street East, legally described as Lot 4, Block 134, Including portions of vac Bailly St and alley, Town of Hastings BLKS 100 Thru 199, Dakota County, Minnesota (the “Subject Property”); and WHEREAS, variances to the Hastings City Code may be considered by the Board of Zoning Adjustment and Appeals upon determination of supporting evidence as stipulated in Hastings City Code 30.02(F); and WHEREAS, The City Council acts as the Board of Adjustment and Appeals in accordance with Hastings City Code 30.02(A), and WHEREAS, on November 8, 2021, the Planning Commission of the City of Hastings serving in advisory to the Board of Zoning Adjustment and Appeals reviewed the petition as required by state law, city charter and city ordinance; and WHEREAS, The Planning Commission voted to recommend denial of the petition consistent with findings of fact and conclusions included in this resolution; and WHEREAS, The City Council sitting as the Board of Adjustment and Appeals has reviewed the petition and concurs with the recommendation of the Planning Commission. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HASTINGS AS FOLLOWS: X-C-03 That the City Council hereby denies the variance request as presented based on the following findings of fact and conclusions: 1) The physical surroundings, shape and topographical conditions of the Subject Property are not distinctive and do not differ greatly from other properties within the vicinity or zoning district. The denial of the variance may result in inconvenience to the property owner but would not rise to the level of a practical difficulty. 2) The conditions upon which the variance request is based are not unique to the Subject Property and are applicable, generally, to many other properties within the same zoning classification and those in the surrounding neighborhood. 3) The purpose of the variance request does not appear to be exclusively based on the desire to increase the value or income potential of the Subject Property. 4) The granting of the variance would be detrimental to the public welfare and would be injurious to other land and improvements in the vicinity because the five-foot extension of the garage in to the required ten-foot setback could negatively impact future transportation options and esthetics if the adjacent right- of-way were reconfigured in the future. 5) The proposed variance would not impair an adequate supply of light or air to property. However, there would be a decrease to the separation of trains and structures with this proposed variance. This could elevate the potential for property damage and fire hazard. 6) The request is not in harmony with purposes and intent of the ordinance. The purpose of the side yard setback is to keep side yards free of structures and the intent is to provide a uniform development pattern, which assures that adjacent side yards will have adequate open space and separation from the street, sidewalks, and rail roads. The propose of the variance reduction from ten-feet to five-feet constitutes a reduction of half the required setback. 7) The proposed variance is neither consistent nor inconsistent with the comprehensive plan. 8) The proposal to construct a detached garage is certainly a reasonable improvement and the setback doesn’t change the use of the property. 9) The difficulties in complying with the minimum setback as noted in the variance application were created solely by the Applicant or previous owners, such as the location of the driveway and transferring rights, title, and interest in the southwest corner to the railroad. 10) Granting the variance would alter the essential character of the locality by deviating from the standard requirement that no structures may be placed within ten feet of the property line. X-C-03 11) The variance is not needed to provide adequate access to direct sunlight for solar energy systems. 12) Granting the variance in absence of a unique condition or hardship could confer similar rights on other properties. Council member _____________________ moved a second to this resolution, and upon being put to a vote it was unanimously adopted by all Council members present. Adopted by the Hastings City Council on November 15, 2021, by the following vote: Ayes: Nays: Absent: ATTEST: ______________________________ Mary Fasbender, Mayor _____________________________________ Kelly Murtaugh (City Seal) 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 15th day of November1, 2021, as disclosed by the records of the City of Hastings on file and of record in the office. ______________________________ Kelly Murtaugh, City Clerk (SEAL) This instrument drafted by: City of Hastings (JJF) 101 4th Street East Hastings, Minnesota 55033 X-C-03 To: Planning Commissioners From: Justin Fortney, City Planner Date: November 8, 2021 (updated) Item: Variance #2021-38 – Shoreland lot size and width – 502 6th Street East – Matt Heiman Planning Commission Action Requested Review and make a recommendation to the City Council on the following request: 1) A variance to the ten-foot minimum street side yard setback in the R-2 Zoning District for an accessory structure as stipulated in Hastings City Code 155.05, Subd. D(11) Background Information Detached accessory buildings may be up to 5-feet from rear and interior side property lines and 10-feet from property lines along a side street. The additional setback along side streets is to reduce the visibility of accessory structures and provide a uniform streetscape. The side of the subject property is adjacent to the Bailly Street right-of-way, which includes a narrow one-way road, paved path, and railroad track, which is under 5-feet from the property. Due to these unique attributes of the right-of-way, the actual property line is currently further from the actual street than normal. However, the future could see any number of changes to the current transportation configurations. When the railroad was installed in the 1870’s, there was about 33-feet of right-of-way between the railroad and the current property. That right-of-way buffer was later vacated and presumably acquired by the property owner and railroad as they are described today. Planning Commission Memorandum X-C-03 Subject Proposal The applicant proposes to build a new detached garage on the west side of the property at the end of the current driveway. Placing the garage near the west property line would allow the garage door to align fairly well with the existing driveway. The proposed garage setback would be 5-feet from the property line. This would place the garage just over 8-feet from the east rail of the track. Public Notification Notification of the variance request was sent to property owners within 350-feet of the property, including Canadian Pacific Railway. Staff has not received any comments. VARIANCE REVIEW Variance Definition Variances are deviations from strict compliance of City Code provisions. The Board of Adjustment and Appeals may issue a variance upon determination of findings of fact and conclusions supporting the variance as established in Chapter 30.02, Subd. F of the City Code. Board of Zoning Adjustment and Appeals Hastings City Code Chapter 30.02 establishes the Board of Zoning Adjustment and Appeals and appoints the City Council and Planning Commission to facilitate the Board’s roles and duties. Applications for Variances require Board of Zoning Adjustment and Appeals review. Variance Review City Code Chapter 30.02(F) establishes the requirement for granting variances. The Planning Commission (acting in part as the Board of Adjustment and Appeals) may consider variances to the Zoning Code that are not contrary to the public interest where owing to special conditions, and where a literal enforcement of the provision of the City Code would result in practical difficulties. Variances may be granted providing the following has been satisfied (staff review appears in bold italics): (1) Because of the particular physical surroundings, shape or topographic conditions of the land involved, a practical difficulty to the owner would result, as distinguished from a mere inconvenience, if the strict letter of the regulations were to be carried out; There are no existing physical conditions precluding the proposal from being constructed to the strict letter of the regulations. Locating the proposed garage to meet the regulations could easily be accomplished, but may result in a mere inconvenience of a garage and driveway at differing degrees, or realignment of the existing driveway. Both of these inconveniences are routinely bore by other homeowners. X-C-03 (2) The conditions upon which the petition for a variance is based are unique to the tract of land for which the variance is sought and not applicable, generally, to other property with the same zoning classification; The conditions upon which the petition for a variance is based is commonly encountered by owners of similar properties. It is a fairly common for property owners to replace an existing garage built with a nonconforming setback. The new garages in those situations must meet the current setback regulations, which often require realignment of the driveway or approach angle. (3) The purpose of the variance is not based exclusively upon a desire to increase the value or income potential of the parcel of land; The owner doesn’t seek to obtain the variance exclusively to increase the value or income potential of the lot, as the variance would likely not affect the property value because the improvement could be made regardless. (4) The granting of the variance will not be detrimental to the public welfare or injurious to other land or improvements in the vicinity in which the tract of land is located; Granting of the variance would allow for the construction of a garage very close to the street side property line and an active, but currently low volume railroad track. This may not cause any detriment to the public or area improvements presently. However, the future transportation requirements in the adjacent right-of-way could change in the future, which could lead to detrimental impacts. (5) The proposed variance will not impair an adequate supply of light and air to property, or substantially increase the congestion of the public streets, or increase the danger of fire, or endanger the public safety or substantially diminish or impair property values within the vicinity; There certainly would be a decrease to the separation of trains and structures with this proposed variance. This could elevate the potential for property damage and fire hazard. (6) The variance is in harmony with the purposes and intent of ordinance; The purpose and intent of the ordinance is to preserve the streetscape, setback, and aesthetics of structures along the right-of-way. While the variance would not negatively affect it at present, any future right-of-way layouts could be adversely impacted. (7) The variance is consistent with the comprehensive plan; The property is guided for low density residential development, which would not be altered by the proposal. (8) The proposal puts the property to use in a reasonable manner; The construction of a detached garage is certainly a reasonable improvement and the setback doesn’t change the use of the property. X-C-03 (9) There are practical difficulties in complying with the official control. “Practical difficulties”, as used in connection with the granting of the variance means that: (a) The property owner proposes to use the property in a reasonable manner not permitted by an official control; The construction of the garage is a reasonable use of the property. (b) The practical difficulty is caused by the provisions of this chapter and has not been created by any persons presently or formerly having an interest in the parcel of land; - All of the practical difficulties were cause by previous homeowners or plans of the current applicant. The existing driveway location was placed in close proximity to the property line and the transfer of the southwest corner of the property to the railroad were done by previous owners. The current owner intends to demolish and rebuild an attached garage onto the house thereby having an even greater opportunity to design the improvements in such a way that would be even more accommodating to the proposed detached garage. Realignment of the drive way and some alternative garage placements could impact existing trees. 1. A practical difficulty is not present if the proposal could be reasonably accomplished under the current Ordinance requirements. The applicant could accomplish the proposal under the current ordinance requirements. The purpose of the request is to best align the garage with the driveway and not waste space with the required setback. The applicant provided an illustration showing that the garage could be located on the property within the required setback, although it is not the applicant’s ideal layout. (c) The variance, if granted, will not alter the essential character of the locality. Initially, the essential character of the locality would probably not be impacted because the actual street is placed far to the opposite side of the ROW. However, any major changes to the existing improvements in the right-of-way could highlight this proposed improvement as out of character with the locality. (d) Economic considerations alone do not constitute practical difficulties. The applicant has not stated any financial reasoning for the variance. (e) Practical difficulties include inadequate access to direct sunlight for solar energy systems. Not applicable. X-C-03 RECOMMENDATION Denial of the variance is recommended based on the above findings of fact in the Variance Review. Granting a variance based on the present conditions and lack of practical difficulties could easily confer similar justification to other properties. Furthermore, with little inconvenience, the proposed improvement could be located in the general location with full compliance of city codes. ATTACHMENTS • Location Map and Site Photo • Plans and diagrams provided by the applicant X-C-03 X-C-03 City of Hastings Community Development Department Land Use Application Address or PID of Property: ___________________________________________________________ Applicant Name: _______________________ Property Owner: ________________________ Address: ______________________________ Address: _______________________________ _______________________________________ ________________________________________ Phone: ________________________________ Phone: _________________________________ Fax: __________________________________ Fax: ____________________________________ Email: ________________________________ Email: __________________________________ Description of Request: ________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ If requesting site plan review of multi-family units (three or more attached), are the units intended to be for sale or rental units? ___________________________________________________ Check Applicable Line(s) Please Note: All Fees and Escrows are due at time of application. ___ Rezone $500 ___ Minor Subdivision $500 ___ Final Plat $600 ___ Special Use Permit $500 ___ Variance $250 ___ Comp Plan Amend. $500 ___ Vacation $400 ___ Lot Split/Lot Line Adj. $50 ___ House Move $500 ___ Annexation $500 plus legal expenses ___ Prelim Plat $500 + escrow ___ EAW $500 + $1,000 escrow ___ Site Plan $500 + escrow ___ Interim Use Permit $500 Total Amount Due: $ _____________ Make checks payable to City of Hastings. Credit cards also accepted. Please ensure that all copies of required documents are attached. _______________________________________ _____________________________________ Applicant Signature Date Owner Signature Date _______________________________________ _____________________________________ Applicant Name and Title – Please Print Owner Name – Please Print OFFICIAL USE ONLY File # ____________________ Rec’d By: ____________________ Date Rec’d: __________________ Fee Paid: _________________ Receipt # ____________________ App. Complete _______________ 502 6th st e Matt Heiman Matt & Sandra Heiman 502 6 502 6th st e Hastings, MN 55033 Hastings, MN 55033 651-329-1340 651-329-1340 matthew.heiman@gsa.gov matthew.heiman@gsa.gov Request for variance of Corner lot street side set back of 10ft to no less thatn 5ft. Currently working with surveyor to determin exact location of property line in relation to Rail Road Right of way. Due to the angle that the RR intersects the Western side of the lot, and the layout of the existing driveway. The proposed garage works best at aproximatly 5deg off square, and parallell to the RR. Improving access, asthetics, and reducing unusable space between the RR and the proposed garge. The RR Set back 8.5' from CL of tracks per MN219.46 8.5' will be strickley adhered to. And the 14ft RREasment will not be encroched upon. X 250.00 09/16/2021 09/16/2021 Matt Heiman Matt Heiman Matthew J Heiman Digitally signed by Matthew J Heiman Date: 2021.09.16 09:53:54 -05'00'Matthew J Heiman Digitally signed by Matthew J Heiman Date: 2021.09.16 09:54:09 -05'00' X-C-03 Maximizes use of land while still meeting state RR set back requirments Improved access to second door Large area of unusable land Limits vehicle access Most vehicles size and turning radius will not allow access to this door Improved access to second door Allows nearly dirct access to larger door. Esier to back in a trailer or larger truck. Requires realignment before accessing larger door. Difficult to back in a trailer or larger truck. X-C-03 X-C-03 Property Map Sources: Esri, HERE, Garmin, Intermap, increment P Corp., GEBCO, USGS,FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, EsriJapan, METI, Esri China (Hong Kong), swisstopo, © OpenStreetMapcontributors, and the GIS User Community Parcels Tax Parcel Dedicated Right of Way Water March 29, 2018 0 0.045 0.090.0225 mi 0 0.075 0.150.0375 km 1:2,771 Dakota CountyDakota County X-C-03 X - C - 0 3 X-C-03 X-C-03 X - C - 0 3 X - C - 0 3 X-C-03 X-C-03 City Council Memorandum To: Mayor Fasbender & City Councilmembers From: John Hinzman, Community Development Director Date: November 15, 2021 Item: Resolution: Authorize Placement of an on-site sewer within the MUSA - Daniel Bauer - NW Corner of Pleasant and Co Rd 46 Council Action Requested: Consider adoption of the attached resolution authorizing the placement of an on-site sewer (septic system) within the Metropolitan Urban Service Area (MUSA) on a 10.5 acre parcel owned by WRB, LLC (Bauer) generally located northwest of Pleasant Drive and Co Rd 46. A simple majority is necessary for action. Ordinance Requirement: City Code Chapter 50.05, Subd. D.3 establishes requirements for on-site sewer (septic system), stating: No private on-site sewer system shall be permitted without approval by the City Council. City Council may deny approval of an on-site sewer on property situated within the MUSA due to the pending availability of City sanitary sewer service. Proposed Use: Construction of a single family home\hobby estate served by private well and septic system. Existing Condition: The property is currently used and zoned for agriculture and subject to a minimum lot size of 10 acres. The 2040 Comprehensive Plan guides the property for Medium Residential Development. Adjacent Zoning and Land Use The following land uses abut the properties: Direction Use Comp Plan District Zoning District North Vermillion River Single Family Homes Flood Plain\Low Residential Flood Plain R-1 Low Density East Pleasant Drive Agriculture High Residential A - Agriculture South Co Rd 46 Agriculture Commercial Marshan Township West Agriculture Medium Residential A - Agriculture X-C-04 Municipal Sewer Availability Sanitary sewer is located nearly ½ mile from the site near the intersection of Co Rd 46 and Village Trail. The 2040 Comprehensive Plan identifies future construction of a 36” sanitary sewer line along County Road 46 to serve properties for future development. The cost of future extension would be the responsibility of benefitting developers. City staff has spoken to the landowners located between the subject site and the existing sewer line and they do not plan development in the near future. The cost of extending a sanitary sewer for a single home is prohibitively expensive. Recommendation Approval is recommended. The size of the property is large enough to support a septic system along with primary and secondary drainfields. Development of a single family home would still allow for further development intensification upon the extension of municipal sanitary sewer. Extension of sanitary sewer to serve the property does not appear likely in the near future. Per City Code Chapter 50.03 connection to municipal sanitary sewer would be required within one year of such time as service becomes available to a property boundary. Financial Impact: Allow construction of a single family home\hobby farm to increase the tax value. Advisory Commission Discussion: N\A Council Committee Discussion: N\A Attachments: Resolution Location Map Request - Dan Bauer - WRB, LLC X-C-04 HASTINGS CITY COUNCIL RESOLUTION NO._________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS ALLOWING CONSTRUCTION OF AN ON-SITE SEWER WITHIN THE METROPOLITAN URBAN SERVICE AREA Councilmember ___________________________ introduced the following Resolution and moved its adoption: WHEREAS, WRB, LLC is owner of a +/- 10.5 acre parcel of land (“SUBJECT PROPERTY”) generally located northwest of Pleasant Drive and County Road 46 (PID 19-03200-82-011) and legally described as follows: The south 3,016.86 feet of the east 1,155 feet of the West Half of the East Half of Section 32, Township 115, Range 17, Dakota County, Minnesota located west of Pleasant Drive; except that portion platted as OLD BRIDGE 1ST ADDITION, and except that part located north of OLD BRIDGE 1ST ADDITION WHEREAS, WRB seeks permission to construct an on-site sewer system on the SUBJECT PROPERTY to serve one single family home\hobby farm; and WHEREAS, the SUBJECT PROPERTY is within the Metropolitan Urban Service Area (“MUSA”) for connection to municipal sanitary sewer service; and WHEREAS, City Code Chapter 50.05 establishes requirements for the construction of on-site sewer systems, including the City Council approval of on-site sewer systems; and WHEREAS, existing municipal sanitary sewer service is nearly ½ mile from the property boundary, and not planned for extension in the near term; and WHEREAS, the SUBJECT PROPERTY is zoned A-Agriculture and exceeds the minimum size requirement for construction of a single family home within the zoning district. X-C-04 NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HASTINGS AS FOLLOWS: That the City Council hereby approves the request to allow construction of a singular on- site sewer system subject to the following conditions: 1) Connection to municipal sanitary sewer service within one year of such time as service becomes available to the property boundary. 2) Abandonment of the on-site sewer system upon connection to municipal sewer. Council member ______________________ moved a second to this resolution and upon being put to a vote adopted by those present. Adopted by the Hastings City Council on November 15, 2021, by the following vote: Ayes: Nays: Absent: ATTEST: __________________________ Mary Fasbender, Mayor ________________________________ Kelly Murtaugh, City Clerk (City Seal) X-C-04 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 15th day of November, 2021, as disclosed by the records of the City of Hastings on file and of record in the office. ________________________________ Kelly Murtaugh, City Clerk This instrument drafted by: City of Hastings (JH) 101 4th St. E. Hastings, MN 55033 X-C-04 LOCATION MAP Existing Sewer Location X-C-04 REQUEST - DAN BAUER - WRB, LLC Hi John, Per your discussions with our agent, Brent Hislop from Synergy Land Company, we are requesting permission to construct an on-site well and sewer system on the parcel of land located at the intersection of 160th St and Pleasant Avenue. The property is currently zoned Agriculture which would allow for a housing unit. We are not asking for further subdivision of the parcel, just for reasonable use. At 10+ acres, a single family home/hobby estate on well/septic is reasonable and does not materially limit its ability to re- subdivide further once City sewer/water is provided. If the City had city water/sewer utilities available now, the Family would not be requesting the well/septic for a single home. We understand that this parcel may not fit the typical current day planning/zoning “norm” for parcels within the City. For this reason, we ask the City for flexibility in supporting our request. We also understand that the property would be subject to hooking up to City Sewer and Water within a year of availability provided the hookup is within a reasonable distance of 100 feet or less for the connection. We appreciate your help in finding a path forward on this topic. Please let us know if you need additional information. Thanks for your understanding. Daniel J Bauer X-C-04 City Council Memorandum To: Mayor Fasbender & City Councilmembers From: Chris Eitemiller, Finance Manager and Ashley Bertrand, Senior Accountant Date: November 15, 2021 Item: Amend Final CARES Act Report and apply for FEMA funding Council Action Requested: The Council is requested to authorize the Finance Department to amend the final CARES Act report submitted to the State of Minnesota, and also to apply for assistance from FEMA. Background Information: During the COVID-19 pandemic, the Council approved pandemic-related spending funded by the federal government’s CARES Act. As part of the process, Finance submitted reports to the State of Minnesota’s MMB Office. The final report was submitted on November 24, 2020, for spending through the grant period ending November 15, 2020. Since submitting the final CARES Act report, the Federal Emergency Management Agency (FEMA) has broadened the definition of what qualifies under its Public Assistance program. Because of these changes, some costs incurred by the City while responding to the pandemic that were not previously eligible for FEMA funding are now believed to qualify. Because of this change, Finance staff is requesting Council approval to revise the final CARES report. The City will still retain the full CARES Act allocation by including more public safety salaries that are eligible for CARES reimbursement. Staff will then apply to FEMA to reimburse the City for these costs. Eligible costs for this program must be directly related to responding to a declared emergency. Personal Protective Equipment (PPE) and sanitization equipment and supplies are examples of costs that staff believes to be eligible. By making these changes, the City hopes to gain additional federal resources to cover pandemic-related spending. Pending review by FEMA, Finance staff hopes to receive up to $37,300 of additional funding. X-E-01 Financial Impact: N/A Advisory Commission Discussion: N/A Council Committee Discussion: N/A Attachments: N/A X-E-01