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Home My WebLink About20220404 - CC PacketSign up to receive automatic notification of Council agendas At ccagenda-subscribe@hastingsmn.gov or by calling 651-480-2350 City Council packets can be viewed in searchable format on the City’s website at https://www.hastingsmn.gov/city-government/city-council/city-council-documents-copy CITY OF HASTINGS CITY COUNCIL AGENDA Monday, April 4, 2022 7:00 p.m. I. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. ROLL CALL IV. DETERMINATION OF QUORUM V. APPROVAL OF MINUTES Approve Minutes of the City Council regular meeting and workshop on March 21, 2022. VI. COMMENTS FROM THE AUDIENCE Comments from the audience may include remarks about items listed on the Consent Agenda. VII. COUNCIL ITEMS TO BE CONSIDERED VIII. CONSENT AGENDA The items on the Consent Agenda are items of routine nature or no perceived controversy to be acted upon by the City Council in a single motion. There will be no discussion on these items unless a Councilmember so requests, in which event the items will be removed from the Consent Agenda to the appropriate Department for discussion. 1. Pay Bills as Audited 2. Resolution: Accept Donation from Dakota Electric Association for the Parks and Recreation Department’s 2022 Annual Safety Camp 3. Approve Special Event Designation – MN Fire Engines Club – Pumpers on the Mississippi 4. Approve Special Event Designation – Downtown Business Association (DBA) – Historic Hastings Car Shows 5. Approve Sidewalk Café for 2nd Street Depot Bar & Grill 6. Approve Joint Powers Agreement: Shared Recycling Coordinator with Cities of Rosemount and Farmington 7. Authorize Signature: 2nd Amendment to Master Development Agreement – Wallin 8. Resolution: Approve Massage Therapy Establishment License for Amanda Kaeding, Traveling Hands, LLC 9. Resolution: Approve Massage Therapy Establishment License for Natalie Briones, Envision Therapy 10. Resolution: Re-Approve Precincts 11. Storage container loan to Carpenter Nature Center 12. Resolution: Supporting Application for Community Project Funding for FY 2023 IX. AWARDING OF CONTRACTS AND PUBLIC HEARING These are formal proceedings that give the public the opportunity to express their concern, ask questions, provide additional information, or support on a particular matter. Once the public hearing is closed, no further testimony is typically allowed and the Council will deliberate amongst itself and with staff and/or applicant on potential action by the Council. 1. 2022 Neighborhood Infrastructure Improvements a. Public Hearing b. Resolution 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 2. Resolution: Award of Contract – 2022 Mill & Overlay Program 3. Amend City Charter Ordinance – Section 1.03: Ward Boundaries a. Public Hearing b. 2nd Reading: and Adoption of Amendment to City Charter 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 1. 2nd Reading and Adoption of City Code Amendment – Chapter 51.05G – Water Conservation B. Parks and Recreation C. Community Development 1. Administrative Citations: a. 1st Reading: City Code Amendment Chapter 10 - General Provisions - Administrative Citations b. 1st Reading: City Code Amendment Chapter 95 - Health and Safety; Nuisances - Public Nuisances c. 1st Reading: City Code Amendment Chapter 32.04.A - Disposal of Abandoned Vehicles d. 1st Reading: City Code Amendment Chapter 158 - Property Maintenance e. 1st Reading: City Code Amendment Chapter 34.03 - Fee Schedule f. 1st Reading: City Code Amendment Chapter 91.30 - Dangerous Dogs g. 1st Reading: City Code Amendment - Repealing Criminal Penalties, Violations and Citations for Various City Code Sections. 2. Resolution: Site Plan – Public Works Storage Building (1225 Progress Drive) D. Public Safety E. Administration 1. Budget Amendment to Support Building Inspection Services 2. Resolution: Providing for Competitive Negotiated Sale of General Obligation Bonds, Series 2022A XI. UNFINISHED BUSINESS XII. NEW BUSINESS XIII. REPORTS FROM CITY COMMITTEES, OFFICERS, COUNCILMEMBERS XIV. ADJOURNMENT Next Regular City Council Meeting: Monday April 18, 2022 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 http://www.hastingsmn.gov/city-government/city-council/city-council-agendas-and-minutes Hastings, Minnesota City Council Meeting Minutes March 21, 2022 The City Council of the City of Hastings, Minnesota met in a regular meeting on Monday, March 21, 2022 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, Leifeld, Lund and Vaughan Members Absent: Councilmember Fox Staff Present: City Administrator Dan Wietecha Assistant City Administrator Kelly Murtaugh City Attorney Kori Land Community Development Director John Hinzman Interim Public Works Director/City Engineer Ryan Stempski Approval of Minutes Mayor Fasbender asked if there were any additions or corrections to the minutes of the regular City Council meeting and Council Workshop on March 7, 2022. Minutes were approved as presented. Consent Agenda 1. Pay Bills as Audited 2. Approve Special Event Designation – IDEA Pride Parade 3. Resolution: Accept Donation from Dakota Electric Association for the Summer Kick Off 4. Resolution: Approve Transfer of Liquor License from HafLiz, LLC DBA Pub 55 to LQCE LLC DBA Pub 55, 880 Bahls Drive 5. Approve Sidewalk Café Licenses 6. Approve Parklet Licenses 7. Resolution: Approve Electing the Standard Allowance for ARPA Standard Claim 8. Approve Work Order Under Master Partnership Contract – TH 61 Pre-Scoping Assessment 9. First Reading: City Code Amendment – Chapter 51.05 G – Water Conservation 10. Resolution: Adopt Precincts and Polling Places 11. Authorize Signature on Professional Services Agreement – 7 Minute Security 12. Declare Surplus Property and Authorize for Public Sale 13. Resolution: Accept Donation from Mr. & Mrs. Sauer for Hastings Fire Department 14. Approve Rainbow TreeCare (RTC) as the City’s 2022 Emerald Ash Borer – Preferred Vendor Councilmember Vaughan motioned to approve as presented, seconded by Councilmember Braucks. Ayes 6; Nays 0. 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 http://www.hastingsmn.gov/city-government/city-council/city-council-agendas-and-minutes Public Hearing, Amend City Code Chapter 155 – Parking for Apartments Hinzman presented on the ordinance amendment for City Code Chapter 155: Parking for Apartments. The amendment would establish a minimum parking requirement of 1.75 parking spaces per unit. Currently apartments must provide 2.0 parking spaces per unit which is similar to all other housing types (single family, duplex, etc.). Hinzman indicated that Downtown parking standards are different and does not impact the recent apartment development approvals. Hinzman reviewed the item as the Planning Commission voted including their discussions. Mayor Fasbender opened the public hearing at 7:09 PM, and hearing no comments closed the public hearing at 7:10 PM. Council discussion on the ordinance amendment proposal. Councilmember Folch raised concern regarding the discussion as being a part of a larger topic about overall parking. Folch commented on the need of electric charging spots throughout the City. Folch raised general awareness to this issue, but stated there is more information and additional conversation that needs to happen prior to action. Councilmember Lund discussed the various scenarios of which we would reanalyze this ordinance. Lund questioned the approach to the ordinance change. Hinzman explained how in certain instances a proposal comes before Council along with building plans that may impact parking with the differentiating sizes of units and when they get to the building permit those numbers may change. Councilmember Leifeld commented on existing parking, asking if existing parking lots are full. Hinzman stated that this change should not have much of an impact on current parking needs throughout the City. Leifeld confirmed that all current apartments except for the Downtown area have followed the ordinance guideline of two parking spots per unit. Councilmember Vaughan motioned to approve as presented, seconded by Councilmember Leifeld. Ayes 5; Nays 1 - Folch. Award of Contract for the Hastings Storage Building Stempski presented the request to award a contract for the new Hastings Storage Building to be located on the Public Works site. Stempski summarized the ten bids the City received for this project. Stempski specifically reviewed the bid from Ebert Construction, discussing the cost compared to the engineer’s estimate. After reviewing the total bid, staff is recommending approval to award contract to Ebert Construction in the total amount of $1,310,400 which includes four add alternates: interior mezzanine, concrete upgrade under the overhang, roof insulation, and wall insulation. Council discussion on the award of contract. Mayor Fasbender asked what additional space this development will leave the Public Works Department and if this building will limit future space for Public Works. Stempski explained the space the building would take on their property, how the department was able to map it out and what space is left after this building is built. Stempski explained there is still room for future developments such as fuel facilities, additional buildings, etc. Councilmember Leifeld motioned to approve as presented, seconded by Councilmember Lund. Ayes 6; Nays 0. 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 http://www.hastingsmn.gov/city-government/city-council/city-council-agendas-and-minutes County Road 46 Study Presentation Stempski indicated that this presentation is follow-up to the Council workshop on March 7, 2022.Thereare three actions for this meeting: adopt the study recommendations, provide a letter of support for Federal Funding, and amend the Joint Powers Agreement Amendment with Dakota County regarding the County Road 46 Corridor Study. Jenna Fabish, Dakota County, reminded Council about the study of the CSAH 46 Corridor. The study was to develop a future vision for the segment of CSAH 46 between the Vermillion River crossing West of General Sieben Drive to TH 61. Fabish reviewed the key features of the study recommendations. Steve Weser, Alliant Engineering, provided a summary of the issues found in the study: speed, access spacing, gaps in non- motorized facilities, mobility, sight lines, and the Vermillion River Bridge. Weser reviewed the recommendations based on the study results. If supported, this is the project that the County would seek funding for. Nick Grage, Alliant Engineering, presented more detail on proposed traffic circulation. Fabish reviewed the total estimated costs are $15,335,000 with Dakota County’s portion $13,039,850 and the City of Hastings at $2,295,150. Fabish recommended a schedule to submit a regional solicitation application which, if successful, could lead to construction as early as 2024. Council discussion on funding for this project. Councilmember Lund questioned when the funding application is available. Fabish clarified the information regarding the application process as well as the information regarding the timeline for receiving funding. Councilmember Leifeld raised awareness to the level of traffic County Road 46 has. Grage provided the amount of traffic on CSAH 46 which is approximately 10,400 per day, HWY. 55 sees approximately 14,200 per day. Councilmember Leifeld commented on the need for this development considering the numbers of vehicles per day, the future growth, and the safety of our current residents in this area. Councilmember Vaughan questioned if MNDOT, the County, and the City will be in communication throughout this project. Fabish confirmed that all parties will be communicating throughout the process of each of the studies. Vaughan commented on the cost and funding the City will carry. Stempski commented on the ability to fund some of this cost through our State aid and stated that the City would need to look at the exact use of the funding if it was considered. Councilmember Folch praised the representatives from Alliant Engineering thanking them for all the conversations surrounding this project. Folch continued by asking about the possible City infrastructure along the roadway, spoke about HBC – fiber optics expanding to Hastings. Folch raised concern about thinking forward regarding future infrastructure developments. City Administrator Dan Wietecha questioned the cost share percentages. Fabish confirmed there are two percentages in this project the City share is 11% for the Study Contract, and 13% for Construction. Councilmember Leifeld motioned to approve as presented, seconded by Councilmember Folch. Ayes 6; Nays 0 Announcements • We are hiring for several positions with the City. Applications are on the City website under the employment heading: o Paid-On-Call Firefighter/EMT o Community Development Intern o Seasonal Workers for Parks & Aquatics Center • Free Document Shredding for Dakota County residents on Saturday, April 9. • Spring Clean-up curbside and drop-off options April 11–22. 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 http://www.hastingsmn.gov/city-government/city-council/city-council-agendas-and-minutes Meetings • Finance Committee Meeting on Thursday, March 24, 2022 at 4:00 PM • Planning Commission Meeting on Monday, March 28, 2022 at 7:00 PM • Arts Task Force on Wednesday, March 30, 2022 at 6:00 PM • City Council Meeting on Monday, April 4, 2022 at 7:00 PM Councilmember Folch motioned to adjourn the meeting at 7:49 PM, seconded by Councilmember Vaughan. Ayes 6; Nays 0. ____________________________ ______________________________ Mary Fasbender, Mayor Kelly Murtaugh, City Clerk Hastings, Minnesota City Council Workshop March 21, 2022 The City Council of the City of Hastings, Minnesota met in a workshop on Monday, March 21, 2022 at 5:30 p.m. in the Community Room at the Hastings City Hall, 101 East 4th Street, Hastings, Minnesota. Members Present: Mayor Fasbender, Councilmembers Braucks, Folch, Leifeld, Lund, Vaughan Members Absent: Councilmember Fox Staff Present: City Administrator Dan Wietecha Assistant City Administrator Kelly Murtaugh Community Development Director John Hinzman City Attorney Kori Land Building Official Travis Dunn Deputy Chief Dave Wilske Patrol Officer Whitney Rinowski Mayor Fasbender called the workshop to order at 5:37 p.m. and welcomed everyone to the workshop to discuss Administrative Citations. City Attorney Land reviewed the timeline that led to this Administrative Citations workshop. One key feature of Administrative Citations is to address nuisance properties. This provides for alternative methods to code enforcement, swift action, and efficient processes for staff. Current process involves the Criminal Court. To institute Administrative Citations, a review of current ordinances was done. This review recommended the following: • Expand who can enforce from only law enforcement to also include other options in other departments. • Create common practice in the inspection process for consistency and allows for cost recovery. • Define types of nuisances specific to impact on community and property: endangering health, safety, life, limb or property; or danger to the health, safety and general welfare of the citizens of the city. Unsheltered storage nuisance: accumulation of items which may have an adverse effect upon the neighborhood or property values, health, and safety. Property maintenance nuisance: buildings, fences or other structures that have been poorly maintained. Remedies in this process include: abatement, administrative citations, suspension/revocation of license, criminal court, MS 463, other. Use of Administrative Citations retains due process; appeals can be heard by an administrative law judge. New Proposed Ordinances No Parking on Grass: parking or storage of motor vehicles on existing gravel drive will be allowed; new and ongoing parking on grass could result in citation. Council discussion on the implementation of this ordinance. Discussion on other foundation options (gravel, rock). Council recommendation of options that still allow vehicle parking in the back yard but make street facing parking on grass a violation. Potentially Dangerous Dogs: Current ordinance refers to state law and identifies need for “substantial bodily harm” to designate Dangerous Dogs. Law allows for the declaration of “Potentially Dangerous Dog” with a lower bar and comes with requirements of the dog owner to provide certain additional protections for others (enclosure, fee, microchip, restraint/muzzle when off property). Council discussion on how prevalent the dog calls are. Deputy Chief Wilske explained that there are a number of dog calls and complaints. Appeals would go to the Office of Administrative Hearings rather than the Public Safety Advisory Commission. Council discussion on examples of potentially dangerous dog behavior. Administrative Citation Fine proposed schedule: Fine recommendations range from $50 to $500. For repeat violations within 12 months, the amount of fine imposed can be doubled up to a maximum of $2,000. Council discussion on what triggers the remedy and which remedy is determined appropriate. Discussion on support of citations to support staff and efficiency of process to remedy complaint situations. Communication about Administrative Citations to those deemed in violation with something that may have more teeth, may result in greater compliance with noted code violations. Residents will see an efficient and effective response to complaints. New Ordinance – future Current ordinance related to rental property licensing just addresses property maintenance. The Administrative Citations process would be applied to rental properties, but could be expanded to hold landlords accountable for disturbance-type tenant behavior. An addition could be creating the ability to issue a provisional license for Council to place conditions on a license. Failure to resolve can result in revocation of rental license. Other cities have had success in instituting this kind of ordinance. More discussion of this topic may be needed. Nuisance ordinances, with some modifications, will move forward to 1st Reading. ADJOURNMENT The workshop adjourned at 6:53 p.m. ____________________________ ______________________________ Mary D. Fasbender, Mayor Kelly Murtaugh, City Clerk City Council Memorandum To: Mayor Fasbender & City Council Members From: Connie Lang – Accountant Date: 03/31/2022 Item: Disbursements Council Action Requested: Staff requests: Council review of February 2022 CC payments. Council review of weekly routine disbursements issued 03/29/2022. Council approval of routine disbursements, capital purchases and employee reimbursements to be issued 04/05/2022. 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: February 2022 CC Payments $ 17,539.24 Disbursement checks, EFT, Hedra issued on 03/29/2022 $ 45,793.88 Disbursement checks, EFT, Hedra to be issued on 04/05/2022 $ 85,416.02 Advisory Commission Discussion: N/A Council Committee Discussion: N/A Attachments: ● Council Reports/Dept. Registers VIII-01 Date Vendor Amount Account Description 02/24/2022 Sq Claires Bakery 50.40 101-102-1021-6450 Kurt Stoudt Retirement - cookies 02/09/2022 The Onion Grille 75.00 101-102-1021-6450 City Council Workshop 2/7/202202/04/2022 Wm Supercenter #1472 12.92 101-107-1061-6217 mailer, flash drive for data request 02/18/2022 Pioneer Press Circ 12.00 101-107-1061-6433 Monthly Pioneer Press online subscription 02/17/2022 League Of Minnesota Ci 55.00 101-107-1071-6323 Clerk course for new employee 02/07/2022 Government Finance Off 475.00 101-120-1201-6323 Registration for GFOA annual conference. 02/16/2022 Minnesota Government F 70.00 101-120-1201-6433 Membership Renewal 02/16/2022 Minnesota Government F 70.00 101-120-1201-6433 Annual MNGFOA membership dues 02/08/2022 Doyle Security Product 6.43 101-140-1401-6217 MISC SUPPLIES 02/03/2022 Amazon.Com C94wx3p13 1,013.68 101-140-1407-6353 VACUUM 01/29/2022 Planetizen Pl Courses 24.95 101-150-1501-6323 Monthly Dues - Planetizen 02/02/2022 American Planning A 702.00 101-150-1501-6433 APA annual Membership Dues - Hinzman 02/01/2022 American Planning A 434.00 101-150-1501-6433 Annual APA Dues - Maass 02/13/2022 Eig Constantcontact.Co 19.00 101-160-1061-6310 Monthly Constant Contact subscription 01/30/2022 Ebay O 07-08153-92122 -5.35 101-160-1601-6217 return for cracked ipad screen protector02/15/2022 Ebay O 08-08268-14544 24.49 101-160-1601-6353 Replacement CPU fan for Lady's new (repurposed) PC. 02/11/2022 Ebay O 15-08250-64395 5.99 101-160-1601-6353 replacement tempered glass screen protector for FD ipad 02/03/2022 Cablesandkits 390.00 101-160-1601-6571 SFPs required network switch project 02/20/2022 Wal-Mart #1472 107.10 101-201-2010-6217 Car seat purchased to facilitate transport of infants in a child protection hold 02/14/2022 Wm Supercenter #1472 15.54 101-201-2010-6217 Purchase of supplies for PD Museum display 01/28/2022 Sq Allenss Service, 165.27 101-201-2010-6311 Towing - Tow bill for Fraud/theft case 2200013902/08/2022 Usps Po 2642300046 9.85 101-201-2010-6322 Receipt for sending disc to the National Center for Missing and Exploited Children 02/24/2022 Marie Ridgeway Licsw, -75.00 101-201-2010-6323 Training REFUND - Marie Ridgeway - Ofc. Harrity (OIS Training) 02/18/2022 Sota 350.00 101-201-2010-6323 Registration for Z Knochenmus at SOTA SWAT conference 02/03/2022 Paypal Jpnixoncons 180.00 101-201-2010-6323 Interview and Interrogation training - Schlichte 02/02/2022 Marie Ridgeway Licsw, 75.00 101-201-2010-6323 Marie Ridgeway Training - OIS - Harrity 01/31/2022 Marie Ridgeway Licsw, 15.00 101-201-2010-6323 Marie Ridgeway Training - Therapy Dogs - Wilske01/28/2022 In Minnesota Cit Offi 1,800.00 101-201-2010-6323 Crisis Intervention Training - Ofc. Freeman/Green 02/17/2022 Circle K Dealer # 0356 15.00 101-201-2010-6354 Car Wash 02/14/2022 Autozone #6331 44.97 101-201-2010-6354 Windshield Wiper Blades - H1603 02/07/2022 Mapet 36.23 101-201-2010-6433 MAPET Membership - Evid Tech Brown 02/24/2022 Paypal Mncpa Mncpa 50.00 101-201-2016-6433 MN Crime Prevention Membership-Officer Rinowski 02/15/2022 City Of Cottage Grove 390.00 101-201-2019-6230 Hero Center gun range 02/18/2022 Displays2go -16.36 101-230-2301-6201 refund for sales tax 02/07/2022 Amazon.Com Jo0qn23v3 77.45 101-230-2301-6201 office vacuum 02/08/2022 Displays2go 246.06 101-230-2301-6201 Handout organizer at front permit desk 02/17/2022 Office Depot #0295 148.34 101-230-2301-6319 boxes for scanning project 02/02/2022 Intl Code Council Inc 150.00 101-230-2301-6323 code enf class 02/15/2022 Nfpa Natl Fire Protect 9.99 101-230-2301-6433 NFPA monthly fee 02/03/2022 Intl Code Council Inc 716.00 101-230-2301-6433 online code access ICC01/31/2022 Ambomn.Com 400.00 101-230-2301-6433 AMBO membership for bldg dept 01/31/2022 Amzn Mktp US Ee8o12283 189.90 101-240-2020-6450 KN95 masks for staff from saw committee 02/02/2022 Kwik Trip 24900002493 67.99 101-301-3200-6212 Chainsaw gasoline 02/15/2022 Mn Soc Arb 800.00 101-301-3200-6323 Arborist Workshop: Josh S, Joe B, Robert C, Bryce T, Greg P, Gary R, Ben B 02/14/2022 Muffler Doctor 954.70 101-301-3200-6353 LABOR & PARTS - 2003 DODGE 01/29/2022 Rock Auto -418.51 101-301-3200-6353 Catalytic Converter Credit01/27/2022 Amazon.Com 6k5u90203 39.98 101-301-3200-6353 Torch 02/17/2022 Tennis Sanitation Llc 143.58 101-401-5001-6311 garbage/recycle 01/28/2022 Innovative Office Solu 183.93 200-401-4440-6201 office supplies 02/22/2022 U Of M Contlearning 870.00 200-401-4440-6323 pesticide safety 02/22/2022 U Of M Contlearning 145.00 200-401-4440-6323 pesticide safety 02/22/2022 Minnesota Nursery And 200.00 200-401-4440-6323 shade tree course for forester02/07/2022 Mn Recreation And Park 610.00 200-401-4440-6323 course for TJ 02/22/2022 Tractor Supply #1246 190.96 200-401-4440-6353 equiptment for repairs 02/08/2022 Nor Northern Tool 239.47 200-401-4440-6353 jack 02/21/2022 Acterra Group, Inc. 390.02 200-401-4447-6350 Fuel management system parts 02/18/2022 Amzn Mktp US 1b0qt8i61 19.88 200-401-4447-6350 cord for gasboy system 02/11/2022 Cub Foods #1635 25.00 200-401-4460-6450 Food for YIC meeting 02/22/2022 Amzn Mktp US 1i8ju8vq1 12.89 213-210-2100-6217 Steel wall plate 02/16/2022 Wal-Mart #1472 32.07 213-210-2100-6217 Items for College Fair at the High School 02/09/2022 Wal-Mart #1472 209.77 213-210-2100-6217 Station supplies 02/03/2022 Amazon.Com Tr7xw3me3 A 153.59 213-210-2100-6217 Station supplies 02/17/2022 Mn Iaai 260.00 213-210-2100-6323 Registration Fee for Arson Conference 02/01/2022 Minnesota State Fire C 285.00 213-210-2100-6323 Registration for FOTOS class for Azzam 02/07/2022 Mn Iaai 25.00 213-210-2100-6433 Membership Renewal for 202202/17/2022 J2 Efax Corporate Svc 89.95 213-220-2200-6433 Usage fee for faxing ambulance reports to receiving hospitals. 02/09/2022 Dea Registration 888.00 213-220-2200-6433 Fee for registering Medical Director Duren for narcotic drug ordering 02/07/2022 Active911 Inc 56.00 213-220-2200-6433 Active 911 Subscription 02/01/2022 Deed Mn Trade Office 700.00 407-180-6003-6433 Minnesota Marketing Partnership - Annual Dues 02/21/2022 Amazon.Com F91nf0y33 29.38 600-300-3300-6217 Batteries 02/09/2022 Mnawwa 870.00 600-300-3300-6323 Operator school registration - Matt L, Mark S, Bryce T02/08/2022 Amzn Mktp US S65dg8l73 79.98 600-300-3300-6350 Furnace filters 02/16/2022 Menards Cottage Grove 26.94 600-300-3300-6353 PVC, Primer, tape, couplings 02/18/2022 Mn Pollution Control S 4.98 601-300-3400-6323 Wastewater conference service fee - Bryce T 02/18/2022 Mn Pollution Control S 4.98 601-300-3400-6323 Wastewater conference service fee - Matt L 02/18/2022 Mn Pollution Control A 200.00 601-300-3400-6323 Wastewater & Collections Conference - Bryce T 02/18/2022 Mn Pollution Control S 4.98 601-300-3400-6323 Wastewater conference service charge - Bill Mc02/18/2022 Mn Pollution Control A 200.00 601-300-3400-6323 Wastewater Conference - Matt L 02/18/2022 Mn Pollution Control A 200.00 601-300-3400-6323 Wastewater Conference - Bill Mc 02/01/2022 Howies Hockey Inc 70.08 615-401-4103-6210 Hockey tape 02/03/2022 Menards Cottage Grove 92.81 620-300-3500-6353 Mats, roller, squeegee, tape 01/27/2022 Amzn Mktp US S28di6mr3 44.99 620-300-3500-6353 Two Way Radios TOTAL 17,539.24 Credit Card PurchasesFebruary 2022 VIII-01 03-30-2022 10:14 AM Council Report MAR 29TH PYMTS, 2022 PAGE: 1 DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_ NON-DEPARTMENTAL GENERAL STANDARD INSURANCE COMPANY APRIL 2022 LIFE INS PREM 804.02 APRIL 2022 LIFE INS PREM 66.82 DELTA DENTAL OF MINNESOTA DENTAL INSURANCE 2,920.45 DENTAL INSURANCE 86.22_ TOTAL: 3,877.51 COUNCIL & MAYOR GENERAL STANDARD INSURANCE COMPANY APRIL 2022 LIFE INS PREM 34.30_ TOTAL: 34.30 ADMINISTRATION GENERAL STANDARD INSURANCE COMPANY APRIL 2022 LIFE INS PREM 4.90 TOSHIBA AMERICA BUSINESS SOLUT COPIER LEASES 622.40_ TOTAL: 627.30 CITY CLERK GENERAL STANDARD INSURANCE COMPANY APRIL 2022 LIFE INS PREM 14.70 APRIL 2022 LIFE INS PREM 4.17_ TOTAL: 18.87 FINANCE GENERAL BERGANKDV LTD AUDIT BILLING 8,000.00 STANDARD INSURANCE COMPANY APRIL 2022 LIFE INS PREM 19.60 DAKOTA COUNTY PROPERTY RECORDS DELETE PROP. ASSESSMENT 25.00_ TOTAL: 8,044.60 FACILITY MANAGEMENT GENERAL GILBERT MECHANICAL CONTRACTORS, INC. AIR COMPRESSOR/ OIL SEPERA 671.48 ELECTRO WATCHMAN, INC LE DUC ALARM 456.50_ TOTAL: 1,127.98 COMMUNITY DEVELOPMENT GENERAL STANDARD INSURANCE COMPANY APRIL 2022 LIFE INS PREM 4.90_ TOTAL: 4.90 I.T. GENERAL COMCAST CABLE 84.90 STANDARD INSURANCE COMPANY APRIL 2022 LIFE INS PREM 14.70 DAKOTA COUNTY FINANCIAL SERVICES DBB Q1 OP FEE 3,674.00 DBB Q1 ACCESS FEE 3,500.00 DBB Q1 MEMBERSHIP FEE 500.00 MARCH 22 IT SERVER LEASE 250.00 DELL DIRECT SALES L.P. COMP FOR FUEL TANK MONITOR 649.14_ TOTAL: 8,672.74 POLICE GENERAL STANDARD INSURANCE COMPANY APRIL 2022 LIFE INS PREM 176.37 TOSHIBA AMERICA BUSINESS SOLUT COPIER LEASES 329.13 HASTINGS FORD COVID MITIGATION 1410 174.90 HASTINGS VEHICLE REGIS. 2016 EDGE, 2017 FUSION FOR 44.00 MILLER & HOLMES, INC. CAR WASHES 125.00_ TOTAL: 849.40 BUILDING & INSPECTIONS GENERAL MCMULLEN INSPECTING INC CONFLUENCE PLAN REVIEW 800.00 STANDARD INSURANCE COMPANY APRIL 2022 LIFE INS PREM 19.60 APRIL 2022 LIFE INS PREM 4.90 DELL DIRECT SALES L.P. COMP/MONITOR BLDG DEPT 926.63_ TOTAL: 1,751.13 PUBLIC WORKS GENERAL STANDARD INSURANCE COMPANY APRIL 2022 LIFE INS PREM 14.95 TOSHIBA AMERICA BUSINESS SOLUT COPIER LEASES 89.81_ TOTAL: 104.76 PUBLIC WORKS STREETS GENERAL STANDARD INSURANCE COMPANY APRIL 2022 LIFE INS PREM 19.11 VIII-01 03-30-2022 10:14 AM Council Report MAR 29TH PYMTS, 2022 PAGE: 2 DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_ TOSHIBA AMERICA BUSINESS SOLUT COPIER LEASES 89.80_ TOTAL: 108.91 NON-DEPARTMENTAL PARKS STANDARD INSURANCE COMPANY APRIL 2022 LIFE INS PREM 209.32 DELTA DENTAL OF MINNESOTA DENTAL INSURANCE 619.71_ TOTAL: 829.03 PARKS & RECREATION PARKS HOMETOWN ACE HARDWARE CLEANING SUPPLIES 50.18 GLUE AND CLAMPS 9.09 NAPA AUTO PARTS TUNE UP 3200 WORKMAN 21.32 PAINTED IMAGINATION FACE PAINTING JULY 12TH 250.00 MINNE HA HA MAGAZINE LLC CARICATURE JUNE 7TH 440.00 STANDARD INSURANCE COMPANY APRIL 2022 LIFE INS PREM 49.00 TOSHIBA AMERICA BUSINESS SOLUT COPIER LEASES 132.76 SAATH JUNE 7TH PERFORMANCE 500.00 MISSISSIPPI WELDERS SPPLY WELDING HELMET REPAIR 12.60 TERRYS HARDWARE, INC. PAINT AND CLIPS FOR SHOP 34.79 SPRAYER 18.99_ TOTAL: 1,518.73 PARKS & RECREATION AQUATIC CENTER INNOVATIVE OFFICE SOLUTIONS, LLC OFFICE SUPPLIES 81.87 GRAPHIC DESIGN BROCHURES 470.00_ TOTAL: 551.87 NON-DEPARTMENTAL CABLE TV STANDARD INSURANCE COMPANY APRIL 2022 LIFE INS PREM 1.70 DELTA DENTAL OF MINNESOTA DENTAL INSURANCE 17.68_ TOTAL: 19.38 CABLE CABLE TV STANDARD INSURANCE COMPANY APRIL 2022 LIFE INS PREM 0.74_ TOTAL: 0.74 NON-DEPARTMENTAL HERITAGE PRESERVAT STANDARD INSURANCE COMPANY APRIL 2022 LIFE INS PREM 8.40_ TOTAL: 8.40 HERITAGE PRESERVATION HERITAGE PRESERVAT STANDARD INSURANCE COMPANY APRIL 2022 LIFE INS PREM 1.23_ TOTAL: 1.23 NON-DEPARTMENTAL FIRE & AMBULANCE STANDARD INSURANCE COMPANY APRIL 2022 LIFE INS PREM 319.70 DELTA DENTAL OF MINNESOTA DENTAL INSURANCE 919.65_ TOTAL: 1,239.35 FIRE FIRE & AMBULANCE STANDARD INSURANCE COMPANY APRIL 2022 LIFE INS PREM 18.13 TOSHIBA AMERICA BUSINESS SOLUT COPIER LEASES 270.95 ZEP MANUFACTURING CO. CLEANING SUPPLIES 483.72 CLEANING SUPPLIES 68.00_ TOTAL: 840.80 AMBULANCE FIRE & AMBULANCE McKESSON MEDICAL-SURGICAL GOV. SOLUTIO MEDICAL SUPPLIES 584.96 STANDARD INSURANCE COMPANY APRIL 2022 LIFE INS PREM 74.97 BOUND TREE MEDICAL LLC MEDICAL SUPPLIES 199.90 MEDICAL SUPPLIES 134.70_ TOTAL: 994.53 NON-DEPARTMENTAL LEDUC HISTORIC EST DELTA DENTAL OF MINNESOTA DENTAL INSURANCE 6.74- TOTAL: 6.74- VIII-01 03-30-2022 10:14 AM Council Report MAR 29TH PYMTS, 2022 PAGE: 3 DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_ POLICE-DUI ENFORCEMENT DUI ENFORCEMENT/EQ CAMPBELL KNUTSON, P.A. FORFEITURE DISBURSEMENT 63.00_ TOTAL: 63.00 NON-DEPARTMENTAL HEDRA STANDARD INSURANCE COMPANY APRIL 2022 LIFE INS PREM 13.54 DELTA DENTAL OF MINNESOTA DENTAL INSURANCE 133.37_ TOTAL: 146.91 ECONOMIC DEVELOPMENT HEDRA STANDARD INSURANCE COMPANY APRIL 2022 LIFE INS PREM 8.58_ TOTAL: 8.58 PUBLIC WORKS 2022 IMPROVEMENTS MN DEPARTMENT OF HEALTH 2022-1 PLAN REVIEW FEE 150.00_ TOTAL: 150.00 NON-DEPARTMENTAL WATER STANDARD INSURANCE COMPANY APRIL 2022 LIFE INS PREM 85.67 MISCELLANEOUS V SIGTERMANS, WALTER 01-598000-00 31.82 KUGLER, JILL 10-112000-00 30.15 DELTA DENTAL OF MINNESOTA DENTAL INSURANCE 185.52_ TOTAL: 333.16 PUBLIC WORKS WATER STANDARD INSURANCE COMPANY APRIL 2022 LIFE INS PREM 26.66 TOSHIBA AMERICA BUSINESS SOLUT COPIER LEASES 89.82_ TOTAL: 116.48 NON-DEPARTMENTAL WASTEWATER STANDARD INSURANCE COMPANY APRIL 2022 LIFE INS PREM 61.60 DELTA DENTAL OF MINNESOTA DENTAL INSURANCE 135.63_ TOTAL: 197.23 PUBLIC WORKS WASTEWATER STANDARD INSURANCE COMPANY APRIL 2022 LIFE INS PREM 18.77 TOSHIBA AMERICA BUSINESS SOLUT COPIER LEASES 89.82_ TOTAL: 108.59 NON-DEPARTMENTAL STORM WATER UTILIT STANDARD INSURANCE COMPANY APRIL 2022 LIFE INS PREM 82.67 DELTA DENTAL OF MINNESOTA DENTAL INSURANCE 154.16_ TOTAL: 236.83 PUBLIC WORKS STORM WATER UTILIT STANDARD INSURANCE COMPANY APRIL 2022 LIFE INS PREM 16.07_ TOTAL: 16.07 NON-DEPARTMENTAL ARENA DELTA DENTAL OF MINNESOTA DENTAL INSURANCE 204.13_ TOTAL: 204.13 PARKS & RECREATION ARENA QUALITY PROPANE OF MN PROPNE 222.24 NAPA AUTO PARTS CHAIN HOIST 71.00 USS MN V MT LLC FEB 22 HUBERS SOLAR 7,057.36 MIDSTATE PLUMBING & HEATING INC WATER HEATER REPAIR 603.88 STANDARD INSURANCE COMPANY APRIL 2022 LIFE INS PREM 9.80 USS MN VII MT LLC FEB 22 WILDCAT SOALR 890.82 R & R SPECIALTIES, INC. BLADE SHARPENING 87.50_ TOTAL: 8,942.60 NON-DEPARTMENTAL HYDRO ELECTRIC STANDARD INSURANCE COMPANY APRIL 2022 LIFE INS PREM 7.68 DELTA DENTAL OF MINNESOTA DENTAL INSURANCE 19.00_ TOTAL: 26.68 PUBLIC WORKS HYDRO ELECTRIC STANDARD INSURANCE COMPANY APRIL 2022 LIFE INS PREM 2.45 USS MN VII MT LLC FEB 22 WILDCAT SOALR 3,994.45 VIII-01 03-30-2022 10:14 AM Council Report MAR 29TH PYMTS, 2022 PAGE: 4 DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_ _______________ TOTAL: 3,996.90 MISCELLANEOUS VEHICLE AND EQUIP HASTINGS VEHICLE REGIS. 2022 FORD EXPLORER 27.00_ TOTAL: 27.00 =============== FUND TOTALS ================ 101 GENERAL 25,222.40 200 PARKS 2,347.76 201 AQUATIC CENTER 551.87 205 CABLE TV 20.12 210 HERITAGE PRESERVATION 9.63 213 FIRE & AMBULANCE 3,074.68 220 LEDUC HISTORIC ESTATE 6.74CR 222 DUI ENFORCEMENT/EQUIP S.R 63.00 407 HEDRA 155.49 482 2022 IMPROVEMENTS 150.00 600 WATER 449.64 601 WASTEWATER 305.82 603 STORM WATER UTILITY 252.90 615 ARENA 9,146.73 620 HYDRO ELECTRIC 4,023.58 703 VEHICLE AND EQUIP FUND 27.00 -------------------------------------------- GRAND TOTAL: 45,793.88 -------------------------------------------- TOTAL PAGES: 4 VIII-01 03-31-2022 10:43 AM Council Report APR 05TH PYMTS, 2022 PAGE: 1 DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_ NON-DEPARTMENTAL GENERAL MISCELLANEOUS V FASBENDER TRUST, DAV 1 -01001 460.00 HASTINGS AREA CHAMBER/COM FEB 22 LODGING TAX 3,065.53 KURT STOUDT STOUDT DENTAL MAR 22 (1) 22.47_ TOTAL: 3,548.00 COUNCIL & MAYOR GENERAL CENTURY LINK PHONES 7.91 LEAGUE OF MN CITIES FOX-2022 LMC ANNUAL CONFER 439.00_ TOTAL: 446.91 ADMINISTRATION GENERAL CENTURY LINK PHONES 165.10 GRAPHIC DESIGN ENVELOPES 439.00 ENVELOPES 484.00 NINE EAGLES PROMOTIONS KING - BADGE 10.00_ TOTAL: 1,098.10 CITY CLERK GENERAL CENTURY LINK PHONES 23.72_ TOTAL: 23.72 FINANCE GENERAL CENTURY LINK PHONES 63.25_ TOTAL: 63.25 FACILITY MANAGEMENT GENERAL PBBS EQUIPMENT CORP PBBS EQUIPMENT CORP 533.98 CENTURY LINK PHONES 109.78 MILLER DUNWIDDIE ARCHITECTURE, INC CH ARCHITECTUAL 10% DESIGN 13,284.70_ TOTAL: 13,928.46 COMMUNITY DEVELOPMENT GENERAL CENTURY LINK PHONES 23.72_ TOTAL: 23.72 I.T. GENERAL CENTURY LINK PHONES 23.72 CENTURY LINK #612-E10-0514-020 911 88.68 PARAGON DEVELOPMENT SYSTEMS INC SERVICE FOR SERVER ISSUES 787.50_ TOTAL: 899.90 POLICE GENERAL DAKOTA COUNTY TREASURER-AUDITOR JAN 2022 RADIO LICENSE 1,703.09 CENTURY LINK PHONES 181.38 NET TRANSCRIPTS, INC. TRANSCRIPTION 192.72 GUARDIAN SUPPLY LLC LINSCHEID UNIFORM 27.99 HEDRICK UNIFORM 183.94 DAKOTA COUNTY TECH COLLEGE PURSUIT DRIVING-GREEN, FRE 500.00 STREICHERS LESS LETHAL MACE 464.00_ TOTAL: 3,253.12 BUILDING & INSPECTIONS GENERAL CENTURY LINK PHONES 39.53 PHONES 7.91 FOXIT CORPORATION FOXIT LICENSE - DAWN WEST 214.76 TRAVIS DUNN TRAVIS DUNN - MN DEPT LABO 50.00 HASTINGS VEHICLE REGIS. 2014 FORD EXPLORER 55.00_ TOTAL: 367.20 PUBLIC WORKS GENERAL CENTURY LINK PHONES 39.53 FOCUS ENGINEERING, INC. ENGINEERING CONSULTANT 5,815.50 ENGINEERING CONSULTANT 2,909.75 ENGINEERING CONSULTANT 1,384.25_ TOTAL: 10,149.03 VIII-01 03-31-2022 10:43 AM Council Report APR 05TH PYMTS, 2022 PAGE: 2 DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_ PUBLIC WORKS STREETS GENERAL ROAD EQUIPMENT PARTS CENTER LUBE FILTERS, ELEMENTS 81.20 AIR FILTER 6.96 CENTURY LINK PHONES 136.00 FOCUS ENGINEERING, INC. ENGINEERING CONSULTANT 2,005.75 ENGINEERING CONSULTANT 452.00 NAPA AUTO PARTS THREAD INSERT KIT 46.54 SPIN CITY LAUNDROMAT, LLC. LAUNDER RAGS 20.00 RECON AUTO PARTS BLEACH, GREASE CART 135.42 ACE TRAILER SALES TAIL LIGHT, MOUNTING KIT 45.80 BOYER FORD TRUCKS/DBA ALLIANCE LATCH-HOOD, RUBBER 73.90 RIVER COUNTRY COOPERATIVE DIESEL EXHAUST FLUID 385.00 GERLACH OUTDOOR POWER EQUIP SPRING 4.86 OIL KIT, SEA FORM 46.23_ TOTAL: 3,439.66 PUBLIC WORKS STR. LIGH GENERAL CENTURY LINK LEVEE PARK BROADBAND 142.51 MN DEPT OF TRANSPORTATION TRAFFIC LIGHT REPAIRS 569.28_ TOTAL: 711.79 PARKS & RECREATION GENERAL TERRYS HARDWARE, INC. CHAINSAW FILES 79.90_ TOTAL: 79.90 PARKS & RECREATION PARKS O'REILLY AUTOMOTIVE BRAKE FLUID 6.99 CENTURY LINK PHONES 220.01 TWIN CITIES INFLATABLES REC+POLICE PROGRAM 563.97 NAPA AUTO PARTS OIL FOR BLOWER 10.98 WIPERBLADES DUMP TRUCK 35.35 TERRYS HARDWARE, INC. MISC SHOP SUPPLIES 29.75 MISC SHOP SUPPLIES 173.93 TORCH AND BOLTS 75.47 ZARNOTH BRUSH WORKS, INC. JOHN DEERE NEW BRUSH 447.95_ TOTAL: 1,564.40 PARKS & RECREATION AQUATIC CENTER CENTURY LINK PHONES 157.21 FOXIT CORPORATION FOXIT LICENSE - FAUSTINI 214.76_ TOTAL: 371.97 HERITAGE PRESERVATION HERITAGE PRESERVAT CENTURY LINK PHONES 7.91_ TOTAL: 7.91 FIRE FIRE & AMBULANCE DAKOTA COUNTY TREASURER-AUDITOR JAN 2022 RADIO LICENSE 1,213.16 MAJESKI PLUMBING & HEATING WATER LEAK REPAIR 241.71 MCGRAW, RYAN MCGRAW - BOOTS 200.00 ROSENBAUER MINNESOTA, LLC AERIAL TRUCK#1 REPAIR 7,063.88 CENTURY LINK PHONES 393.04 SCHELEN GRAY AUTO ELECTRIC ALTERNOTOR ENGINE #2 649.99 GRACE HOLM WC PAYMENT 992.80 TERRYS HARDWARE, INC. CARTRIDGE FILTER 13.99_ TOTAL: 10,768.57 AMBULANCE FIRE & AMBULANCE BOUND TREE MEDICAL LLC MEDICAL SUPPLIES 479.58 LINDE GAS & EQUIPMENT INC. OXYGEN 132.56 OXYGEN 1,184.14 OXYGEN 165.89_ TOTAL: 1,962.17 VIII-01 03-31-2022 10:43 AM Council Report APR 05TH PYMTS, 2022 PAGE: 3 DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_ NON DEPARTMENTAL PW Cold Storage Bu FOCUS ENGINEERING, INC. ENGINEERING CONSULTANT 1,553.75_ TOTAL: 1,553.75 PUBLIC WORKS 2022 IMPROVEMENTS FOCUS ENGINEERING, INC. ENGINEERING CONSULTANT 2,627.25_ TOTAL: 2,627.25 PUBLIC WORKS WATER CANADIAN PACIFIC RAILWAY COMPANY UTILITY CROSSING RENT 500.00 INNOVATIVE OFFICE SOLUTIONS, LLC OFFICE SUPPLIES 28.90 BATTERY BACKUP 108.00 CENTURY LINK PHONES 128.09 FOCUS ENGINEERING, INC. ENGINEERING CONSULTANT 1,356.00 US SALT SALT - WATER TREATMENT PLA 3,691.45 JOSHUA SIRINEK SIRINEK - CLOTHING 110.00 HACH COMPANY SPADNS 362.34 HASTINGS FORD VINYL DOOR PANEL 126.50 PEINE PLUMBING & HEATING WATER HEATER / INSTALL 1,736.58_ TOTAL: 8,147.86 PUBLIC WORKS WASTEWATER FOCUS ENGINEERING, INC. ENGINEERING CONSULTANT 819.25 W.W. GRAINGER, INC. BLOWER 91.27 MOTOR 62.53_ TOTAL: 973.05 PUBLIC WORKS STORM WATER UTILIT FOCUS ENGINEERING, INC. ENGINEERING CONSULTANT 282.50_ TOTAL: 282.50 PARKS & RECREATION ARENA HUEBSCH LAUNDRY CO. ENTRY RUG SERVICE 35.28 CENTURY LINK PHONES 70.70 HOMETOWN ACE HARDWARE CARPET CLEANER RENTAL 54.85_ TOTAL: 160.83 MISCELLANEOUS VEHICLE AND EQUIP NORTHERN SAFETY TECHNOLOGY 2021- EMERGENCY EQUIPMENT 12,555.93_ TOTAL: 12,555.93 MISCELLANEOUS INSURANCE FUND LEAGUE OF MN CITIES INS TRST WC CLAIM 289.06 WC CLAIM 877.78 WC CLAIM 1,607.23_ TOTAL: 2,774.07 NON-DEPARTMENTAL ESCROW - DEV/ENG/T KLM ENGINEERING, INC. ANTENNA DRAWING 1,000.00 FOCUS ENGINEERING, INC. ENGINEERING CONSULTANT 339.00 ENGINEERING CONSULTANT 282.50 ENGINEERING CONSULTANT 847.50 ENGINEERING CONSULTANT 683.75 ENGINEERING CONSULTANT 197.75 ENGINEERING CONSULTANT 282.50_ TOTAL: 3,633.00 VIII-01 03-31-2022 10:43 AM Council Report APR 05TH PYMTS, 2022 PAGE: 4 DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_ =============== FUND TOTALS ================ 101 GENERAL 38,032.76 200 PARKS 1,564.40 201 AQUATIC CENTER 371.97 210 HERITAGE PRESERVATION 7.91 213 FIRE & AMBULANCE 12,730.74 416 PW Cold Storage Building 1,553.75 482 2022 IMPROVEMENTS 2,627.25 600 WATER 8,147.86 601 WASTEWATER 973.05 603 STORM WATER UTILITY 282.50 615 ARENA 160.83 703 VEHICLE AND EQUIP FUND 12,555.93 705 INSURANCE FUND 2,774.07 807 ESCROW - DEV/ENG/TIF-HRA 3,633.00 -------------------------------------------- GRAND TOTAL: 85,416.02 -------------------------------------------- TOTAL PAGES: 4 VIII-01 City Council Memorandum To: Mayor Fasbender & City Council Members From: Paige Marschall Bigler Date: April 4, 2022 Item: Accept a Donation from Dakota Electric Association Council Action Requested: Council is asked to accept a donation in the amount of $500.00, made to the Parks and Recreation Department and designate that the donation be used for the 2022 Annual Safety Camp. Background Information: Dakota Electric Association has made this donation to be used towards the 2022 Annual Safety Camp. Financial Impact: Increase the Parks and Recreation donation account by $500.00 Advisory Commission Discussion: N/A Council Committee Discussion: N/A Attachments: Resolution VIII-02 CITY OF HASTINGS DAKOTA COUNTY, MINNESOTA RESOLUTION 04- -22 A RESOLUTION EXPRESSING ACCEPTANCE OF AND APPRECIATION OF A DONATION TO THE PARKS AND RECREATION DEPARTMENT WHEREAS, Dakota Electric Association has presented to the City Parks & Recreation Department a donation of $500.00 and has designated that this donation be used for 2022 Annual Safety Camp and WHEREAS, the City Council is appreciative of the donation and commends Dakota Electric Association for their civic efforts, NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Hastings, Minnesota; 1. That the donation is accepted and acknowledged with gratitude; and 2. That the donation will be appropriated for the Annual Safety Camp; Adopted this 4th day of April, 2022 Attest: ____________________________ _____________________________ Kelly Murtaugh, City Clerk Mary Fasbender, Mayor VIII-02 City Council Memorandum To: Mayor Fasbender & City Council Members From: Paige Marschall Bigler, Recreation Program Specialist Date: April 4, 2022 Item: Special Event Designation Council Action Requested: Designate the Minnesota Fire Engine Club ‘Hastings Pumpers on the Mississippi’ as a Special Event with the following conditions. Background Information: The Minnesota Fire Engine Club is requesting to hold a water display with their fire engines at Jaycee Park on Saturday, May 28, 2022 from 6:00 p.m. – 10:00 p.m. This is a free event and open to the public. The MN Fire Engines Club held this event last summer at Jaycee Park and similar events in Northfield and Burnsville. City Staff are supportive of the event with the following conditions: • 15 parking stalls will be barricaded off the morning of the event (by the event organizer) and the event space will be identified. • The Parks and Recreation Department will provide barricades for the event organizers to pick up. • 2 parking stalls will be used to provide “pull through” traffic flow for the parking lot. The pull through lane will be delineated with cones and signs. • Event organizers will post event notification at the Jaycee Parking lot 5 days prior to the event. • Event organizers will cordon off a “restricted access” area around the trucks on display where only event volunteers may enter. • Event organizers will advise spectators to watch from Jaycee Park green space or parking lot. • Event organizers are responsible for providing volunteers to assist with traffic flow of the Parking Lot and assuring no interference to the boat launch, and that spectators do not park in the boat launch parking lot. • Event volunteers should designate an overflow parking location so cars don’t line up on Lock and Dam Road. This may require sign or traffic control if it approaches capacity. • Water drafting will come from the Mississippi River from a suction pump placed downstream of the boat launch. Supply hose will be placed between the curb of the parking lot and the Mississippi River by event organizers. • Event organizers will obtain and supply a copy of a drafting permit from MN DNR prior to the event date. • Event organizers will submit required forms to the Hastings City Clerk for sale of food. • No unauthorized vehicles on City trails. • All event supplies and equipment will be removed by event organizers directly following the end of the event. Financial Impact: N/A VIII-03 Advisory Commission Discussion: N/A Council Committee Discussion: None Attachments: • MN Fire Engine Club Special Event Permit application • MN Fire Engines Club Event Map VIII-03 May 28, 2022 May 28, 2022 VIII-03 VIII-03 VIII-03 Dakota County, MN Property Information July 1, 2020 0 50 10025 ft 0 10 205 m 1:600 Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification. BARR I C A D E BARR I C A D E CONES AND CAUTION TAPE CONES AND CAUTION TAPE VIII-03 City Council Memorandum To: Mayor Fasbender & City Councilmembers From: Paige Marschall Bigler, Recreation Program Specialist Date: April 4, 2022 Item: Special Event Designation Council Action Requested: Designate the Historic Hastings Car Shows as Special Events with the following conditions. Background Information: The Downtown Business Association (DBA) is planning for the 2022 Car Show events. The event dates will be the 3rd Sunday of each month: May 15, June 19, July 17, August 21 and September 18 from 11:00 a.m. to 4:00 p.m. Conditions • Street closure of the area barricaded in red (reference map) from 9:00 a.m. – 5:00 p.m. for event. Sibley St. should stay open until 9:30 a.m. to allow for public parking and Legion access. This would be consistent with 2019 & 2021 Car Shows. • Event Organizers will post ‘No Parking’ signs 24-hrs. prior to the event. Hastings Police will tag/tow any cars in restricted area starting at 9:00 a.m. This is consistent with other major events such as Gobble Gait and Rivertown Days Parade. • Block-off the following areas including: 2nd Street from Tyler Street to the cross street near The Lock and Dam Eatery. Ramsey Street from Oliver’s Grove Park to the Levee Park Entrance. Sibley Street from Level Up Games area to the Alley by the Onion Grille. Please note that 2nd Street will only be barricaded at Eddy St. IF organizers receive a permit from Dakota County to do so. Applicant is entirely re- sponsible for Dakota County permitting, signing and detour marking. • Barricade at 3rd Street and blocking the East Frontage Road. Barricade can open as the show ends for exiting traffic. • Volunteers will direct cars to appropriate open parking spaces on 2nd, filling from end to end then filling the center of 2nd between Sibley and Tyler. When full, volunteers will place street barricades, blocking the entrance. • Volunteers will direct cars North on Tyler St. and shown other public parking areas nearby. • Hastings Police Department will continue to provide Reservists and Police Officers for the event. • Hastings Parks Department will provide 5 picnic tables under the HWY 61 bridge south of 2nd St. next to the artwork area. And 3 picnic tables on the Levee Park sidewalk area near the public restrooms, still allowing for proper handicap access. • Event Organizers will coordinate for a food truck and tent under the bridge (where picnic tables are placed) and on 2nd street under the bridge. The truck window will face west so guests line up on the sidewalk and not the street. VIII-04 • DBA provides additional trash and recycling receptacles for attendees. • DBA provides portable bathrooms for attendees. • Levee Park restrooms will be cleaned and stocked Sunday mornings by Parks Department Staff. • No extra dates be added to this request; only dates specified. • No vehicles newer than 1985 allowed in designed event area. • No animals (unless certified service animals) allowed in designed event area. Financial Impact: The DBA has been independent in the organization of these events, there are some City resources used including Police Reservists and a full-time Police Officer to assist. Advisory Commission Discussion: n/a Council Committee Discussion: n/a Attachments: ▪ 2022 Car Show Special Event Application ▪ 2022 Car Show Map VIII-04 SPECIAL EVENT PERMIT APPLICATION ADHERE TO COVID-19 GUIDELINES. The User represents & confirms that all requirements of the City and State of Minnesota related to COVID-19, including, but not limited to, Governor’s Executive Order & State Agency Guidance, have been included in the User’s COVID-19 Preparedness Plan which will be implemented and enforced while using any Facility in accordance this Agreement. User is responsible for monitoring & updating their COVID-19 Preparedness Plan should the requirements of the City or State of Minnesota be altered, updated, or otherwise changed. General Event Information Event Name: Name of Event Coordinator: Home Phone: ( ) Work Phone: ( ) Cell Phone: ( ) E-mail: Mailing Address: Website: On Site Contact Name: On Site Contact Cell Phone: ( ) Date(s) Requested: Date Day of Week Time Total Hours am/pm to am/pm am/pm to am/pm am/pm to am/pm Is this event: Open to the public Private Will this be an annual event? Yes No Has this event been held in another City? Yes No If yes, when was it held and where? ___________________________________________________________________________ Will an admission fee be charged? Yes No Will donations be accepted? Yes No What will proceeds from the event be used for? Anticipated Attendance: Total Per Day Will there be a tent(s) at the event? Yes No If yes, how many and how big? Event Location Information Location of the event (including the starting line, finish line and staging/disbanding areas): List of any City parks/facilities to be used for the event: Number of vehicles expected at the event: Describe where participants will park: /Business Hosting Event: Name of Organization Fundraiser Other: Type of Event (mark all that apply): Downtown Event Race/Run/Walk Concert/Performance VIII-04 If the event will take place on private property, has approval been obtained from the property owner(s)? Yes No Please include a site plan for the event location that show the location of the starting line, finishing line, staging areas, tents, vendors, parking areas, sound amplification equipment and any other areas that will be setup as part of the event. Recycling and Trash are required for collection at all events with waste. Recycling and Trash must follow the Best Management Practices including: paired and labeled containers. Questions? Please contact our City Recycling Coordinator 651-480-6182 Will your event generate waste? If yes, we recommend contacting a Hauler for bins and waste pick-up. Yes No Event Route Information Does the event propose to require the use of any public right of way (crossing or traveling within)? List all public right of way that will be used during the event: City Streets ______________________________________________________________________________________________ ________________________________________________________________________________________________________ Trails/Sidewalks __________________________________________________________________________________________ ________________________________________________________________________________________________________ County Roads ___________________________________________________________________________________________ State Road ___________________________________________________________________________________________ Other Right of Way _______________________________________________________________________________________ Have you received approval for the use of any County or State right-of-way? Yes No Not applicable Please include a detailed map showing the proposed route. The route map must show what roadways, trails and sidewalks will be used and the direction the participants will travel. All street names must be clearly labeled. Event Safety Information Number of volunteers assisting with the event: Will alcohol be served or sold at the event? No Yes (a temporary beer or liquor license is required) Will there be a raffle or other regulated gambling activity at the event? No Will the event include the sale of any food or beverages? No Yes (health department permits are required, please provide a list of your approved food vendors):_____________________________________________________________________________ Yes No (The City of Hastings reserves the right to require street closings) __________________________________________________________________________________________________________ If yes, please describe: _______________________________________________________________________________________ Does the route require the closing or partial closing of any streets, intersections or crossings? Yes No __________________________________________________________________________________________________________ If yes, please summarize: _____________________________________________________________________________________ Is the promoter aware of any problems that may arise during the event? Yes No __________________________________________________________________________________________________________ __________________________________________________________________________________________________________ If yes, please summarize: _____________________________________________________________________________________ Have arrangements been made for emergency medical services? Yes No __________________________________________________________________________________________________________ If yes, please summarize: _____________________________________________________________________________________ Do you have a contingency plan if volunteers don’t show up? Yes No Yes (a temporary gambling permit is required) __________________________________________________________________________________________________________ __________________________________________________________________________________________________________ __________________________________________________________________________________________________________ Will the event include the sale of any products or services? No Yes (please provide a list of your approved event vendors): VIII-04 I have read and agree to all ordinances and rules associated with this special event permit. I certify that the answers are true and correct to the best of my knowledge. _______________________________________________________ ______________________________ Signature Date Please return completed form to Paige Marschall-Bigler at pmarschall@hastingsmn.gov or mail in to Parks Department 920 10th St W, Hastings MN 55033. Call 651-480-6182 with any questions. Date application submitted: _____________________________________________ Date application approved by CC:_________________________________________ Required resources: - Police Reservists:_________________________________________________ - Equipment:______________________________________________________ - City staff:________________________________________________________ Insurance information received:___________________________________________ Licenses/permits obtained:_______________________________________________ __________________________________________________________________________________________________________ __________________________________________________________________________________________________________ Event Signage and Sound Information Please include a route map detailing where all DIRECTIONAL signage will be placed for the event. Please include a map detailing where all signs ADVERTISING the event will be placed. Will any sound amplification equipment be used at the event? Yes No If yes, please describe where in the event area the equipment will be used and what time the equipment will be used: Insurance Information Insurance coverage shall be maintained for the duration of the event with a minimum $1,000,000 combined single limit and a minimum $2,000,000 aggregate limit. If food or non-alcoholic beverages are sold or provided at the event the insurance policy shall also include an endorsement for product liability in an amount not less than $1,000,000. Proof of insurance coverage must be provided at least 5 days prior to the event. OFFICE USE ONLY VIII-04 Public Parking  95 Units Public Parking  43 Units Public Parking  130 Units Public Parking  85 Units (15 reserved for Car Show Volunteers) Car Show Car Spaces Available: ~105 Street Barricades Public Parking   All Public Parking lots have accessible parking spaces reserved. Food Trucks Restrooms One way traffic Car Show Cars  Enter HERE If you would like to display your car at the Historic HasJngs Car Show, please follow the guidelines below: •Spaces are available on a first come, first serve basis. •Please enter the event area on Tyler & 2nd •Gates open at 10:00 a.m. •Classic cars from 1985 and older.  T y l e r S t 2nd Street R a m s e y S t S i b l e y S t . VIII-04 2nd Street E E d d y S t r e e t T y l e r S t r e e t 4th Street Street Barricades Barricade at 3rd/blocking East Frontage Road VIII-04 City Council Memorandum Financial Impact: N/A Advisory Commission Discussion: N/A Council Committee Discussion: N/A Attachments: N/A To: Mayor Fasbender & City Council Members From: Emily King, Deputy City Clerk Date: April 4, 2022 Item: Renewal of Sidewalk Café License with Liquor License Amendment Council Action Requested: Consider the renewal applications for sidewalk café with a liquor license amendment for 2nd Street Depot. Background Information: 2nd Street Depot has submitted the required application for the sidewalk café license with a liquor license amendment renewal. The license will be issued upon receiving all required insurance documents. VIII-05 City Council Memorandum To: Mayor Fasbender & City Councilmembers From: Chris Jenkins, Parks & Recreation Director Date: April 4, 2022 Item: Joint Powers Agreement: Shared Solid Waste & Recycling Coordinator Position Council Action Requested: Approve Joint Powers Agreement for a shared Solid Waste & Recycling Coordinator position between the cities of Hastings, Rosemount, and Farmington. Background Information: Hastings has participated in Dakota County’s Waste Abatement Grant program for many years (since 1998). These duties have been absorbed by Parks & Recreation staff members over the years, as has been the case with Rosemount and Farmington. Over the years, these added and specialized duties have demanded increasing amounts of time to remain competent and compliant with Dakota County’s Solid Waste Plan. A number of Dakota County cities have partnered together to share in the expense of a dedicated, professional position whose sole responsibility is enacting, tracking, and reporting on the components of Dakota County’s Solid Waste Master Plan requirements for the Community Waste Abatement Grant Program. Staff and leaders in Hastings, Rosemount, and Farmington have reviewed these partnerships and concluded that each community can be served better with a shared position focused on the grant program and master plan. This shared position will be employed by Rosemount, supervised by Rosemount, and will have equal responsibility in Hastings and Farmington. Each of the 3 cities will share equally in the cost of this position, and will work collaboratively to ensure each city is represented and served well. Staff recommend approval of the attached Joint Powers Agreement and recommend committing to funding this position for the foreseeable future. Financial Impact: Hastings plans to utilize rebate funds from Dakota County in the first year of this position. Rebate funds were received from Dakota County because Hastings has solid waste hauled to the Red Wing Waste Recovery Facility. Hastings’ 1st year contribution is $34,311.66. After year 1, this will be an added staffing cost. Advisory Commission Discussion: N/A VIII-06 Council Committee Discussion: N/A Attachments: ▪ Joint Powers Agreement VIII-06 1 DOCSOPEN\RS215\7\783561.v2-3/3/22 AGREEMENT TO PROVIDE SOLIDWASTE AND RECYCLING COORDINATION SREVICES This Joint Powers Agreement (“Agreement”) made this __ day of _______ 2022 by and among the city of Rosemount (“Rosemount”), the city of Hastings (“Hastings”), and the city of Farmington (“Farmington”) (herein referred to individually as “City” and collectively referred to as the "Cities"). 1. AUTHORITY. This Agreement is entered into pursuant to Minnesota Statutes § 471. 59 and the authority provided in the statute for the Cities to jointly and cooperatively exercise powers common to the Cities. 2. PURPOSE. The purpose of this Agreement is to provide solid waste and recycling coordinated services for the Cities and to that end, hire a Solid Waste and Recycling Coordinator as further described in Section 3. 3. SOLID WASTE COORDINATOR. A Solid Waste and Recycling Coordinator (“SWRC”) will be an employee of Rosemount and shall perform the basic services of the solid waste and recycling coordination (“the Program") for Rosemount, Hastings, and Farmington. Program basic services include but are not limited to: • Coordinate solid waste and recycling programs to ensure county ordinances and best practices are executed to achieve MPCA waste diversion goals. • Apply for the annual Community Waste Abatement grant to fund required activities. • Oversee the Community Waste Abatement grant funds. • Collect data and report on activities. • Attend Community Waste Abatement staff meetings, trainings and conferences. VIII-06 2 DOCSOPEN\RS215\7\783561.v2-3/3/22 • Develop, coordinate, and implement public education programs and materials encouraging waste stream reduction, diversion, and recycling. • Plan, implement and evaluate collection events, workshops, and presentations. • Work with multi-family building managers to enhance recycling efforts through training, education and infrastructure. • Act as a liaison for interested community groups, agencies, committees and the public regarding solid waste management planning, policies, and issues. • Review City ordinances for compliance with changing county ordinances and state solid waste laws. • Respond to citizen questions and concerns. • Perform other duties and responsibilities as apparent or assigned. • May utilize social media, or link to existing social media to recruit volunteers and show the good work being done. 4. FINANCE. A. Compensation. i) The initial compensation for the SWRC shall be one hundred and two thousand nine hundred thirty-five and 00/100 dollars ($102,935.00) (“Compensation”), as further described in Attachment A. Compensation shall be shared equally between the three cities with each city being responsible for one third of Compensation (“City Share”) which shall initially be thirty-four thousand three hundred eleven and 66/100 dollars ($34,311.66) for Hastings and Farmington. VIII-06 3 DOCSOPEN\RS215\7\783561.v2-3/3/22 ii). As the SWRC’s employer, Rosemount shall be responsible for paying the SWRC’s Compensation. Hastings and Farmington shall each reimburse Rosemount for their City Share quarterly. Rosemount shall invoice the Hastings and Farmington quarterly and such invoices shall be paid within thirty (30) days of receipt. iii). By June 1st of each year, the Cities shall meet to review the results of the Program and shall establish a budget for the following year. B. Should the Coordinator apply for grants on behalf of an individual City, the grant funds shall be received by that individual City. If the Coordinator applies for a grant on behalf of two or three Cities, the grant funds will be split equally between the Cities or as detailed in the grant agreement. 5. OTHER CONTRIBUTIONS BY CITIES. A. Each City shall determine which of its assets will be available to the Program. Each City must provide a dedicated work space at which the Coordinator may work when on site in that City. Each City shall provide office supplies and materials necessary to carry out the work as described in this agreement. B. Each City shall maintain liability insurance coverage on the volunteers working with this Program as required by law. C. The SWRC will track assets made available to the Program from each City. Assets made available to the Program will be promptly returned to the City that provided them upon that City' s withdrawal from the Agreement. VIII-06 4 DOCSOPEN\RS215\7\783561.v2-3/3/22 D. The SWRC will be supervised by Rosemount’s designated contact. Required safety, legal and related reporting shall be through the Rosemount’s designated contact. Rosemount’s designated contact will coordinate with the designated contact in Hastings and Farmington items related to SWRC’s job duties. E. Rosemount shall provide a working computer capable of handling basic office software. Rosemount shall provide access to a working landline, internet service, and shared fax and printer for the Program. A Rosemount-issued-cell phone or a stipend under Rosemount’s employee handbook shall be provided by Rosemount and is part of the shared cost between the parties. 6. PERSONNEL. The Solid Waste and Recycling Coordinator shall be deemed an employee of the City of Rosemount. The Solid Waste and Recycling Coordinator shall be subject to the human resources and other policies of the Rosemount. 7. INSURANCE AND INDEMNIFICATION. A. Insurance i. General Liability Insurance. Each City agrees to maintain comprehensive general liability insurance equal to or greater than the maximum liability for tort claims under Minn. Stat. § 466. 04, as amended. If any City is notified that its insurance is cancelled, it will immediately notify the other Cities in writing. If any City is unable to obtain or keep in force at least the minimum coverage required by this paragraph, any City may withdraw from this Agreement after giving the other member Cities at least sixty (60) days written notice of its intent to withdraw. VIII-06 5 DOCSOPEN\RS215\7\783561.v2-3/3/22 ii. Workers' Compensation Insurance. Each City shall be responsible for injuries to or death of its own employees. Each City shall maintain workers' compensation coverage or self- insurance coverage, covering its own employees while they are providing services pursuant to this agreement. Each City waives the right to sue any other City for any workers' compensation benefits paid to its own employee or their dependents, even if the injuries were caused wholly or partially by the negligence of any other City or its officers, employees or agents. B. Indemnification. Each City shall be liable for its own acts and the results thereof to the extent provided by law and, further, each City shall defend, indemnify, and hold harmless the other(s) (including their present and former officials, officers, agents, employees, volunteers, and subcontractors), from any liability, claims, causes of action, judgments, damages, losses, costs, or expenses, including reasonable attorney’s fees, resulting directly or indirectly from any act or omission of the indemnifying City, anyone directly or indirectly employed by it, and/or anyone for whose acts and/or omissions it may be liable, in the performance or failure to perform its obligations under this Agreement. The provisions of Minnesota Statutes, Chapter 466 shall apply to any tort claims brought against Rosemount, Farmington, and/or Hastings a result of this Agreement. 8. DURATION. A. Any City may withdraw from this Agreement with an effective date of December 31 of any year for the following year by providing written notice of termination by August 31st of that year. VIII-06 6 DOCSOPEN\RS215\7\783561.v2-3/3/22 B. In the event of written notification to withdraw, the remaining Cities shall meet to consider modifying the Agreement to continue without the withdrawing City or to terminate the Agreement. 9. NOTICES. Unless the Parties otherwise agree in writing, any notice or demand which must be given or made by a Party under this Agreement or any statute or ordinance shall be in writing and shall be sent registered or certified mail. Notices must be sent to the following individuals, who shall service as the designated representative of each City, unless a City provides otherwise in writing: Rosemount: Greg Lund, Parks Supervisor 13885 South Robert Trail Rosemount, MN 55068 Farmington: Lynn Gorski – Assistant City Administrator 430 Third St. Farmington, MN 55024 Hastings: Chris Jenkins, Parks and Recreation Director 920 West 10th Street, Hastings, MN 55033 10. DATA. Each City, their officers, agents, owners, partners, employees, volunteers and subcontractors, shall abide by the provisions of the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, and all other applicable state and federal law, rules, regulations and orders relating to data privacy, confidentiality, disclosure of information, medical records or other health and enrollment information, and as any of the same may be amended. 11. RECORDS – AVAILABILITY/ACCESS. Subject to the requirements of Minn. Stat. § 16C.05, subd. 5, the Cities, the State Auditor, or any of their authorized representatives, at any time during VIII-06 7 DOCSOPEN\RS215\7\783561.v2-3/3/22 normal business hours, and as often as they may reasonably deem necessary, shall have access to and the right to examine, audit, excerpt, and transcribe any books, documents, papers, records, etc., of the Cities which are pertinent to the accounting practices and procedures of the Cities and involve transactions relating to this Agreement. The Cities shall maintain these materials and allow access during the period of this Agreement and for six (6) years after its expiration, cancellation or termination. 12. INDEPENDENT PARTIES. It is understood that the relationship between the Cities as to the subject matter of this Agreement constitutes only the understandings set forth in this Agreement. It is further agreed that, notwithstanding any other formal, written agreements or contracts which may exist between the Cities, nothing is intended or should be construed in any manner as creating or establishing the relationship of partners between the Cities hereto or as constituting either City as the agent, representative, or employee of the other for any purpose or in any manner whatsoever. Each City is to be and shall remain an independent contractor with respect to all services performed under this Agreement. 13. NO PRESUMPTION AGAINST DRAFTING PARTY. The parties acknowledge that: (a) this Agreement and its reduction to final written form are the result of extensive good - faith negotiations among the parties through themselves and/or their respective legal counsel; (b) said parties and/or their legal counsel have carefully reviewed and examined this Agreement prior to execution; and (c) any statute, common law, or rule of construction which provides that ambiguities are to be resolved against the drafting party (ies) shall not be employed in the interpretation of this Agreement. VIII-06 8 DOCSOPEN\RS215\7\783561.v2-3/3/22 14. GOVERNING LAW AND VENUE. This Agreement shall be governed and construed in accordance with the laws of the State of Minnesota without regard to its conflict of laws provision. The parties agree that any action arising out of this Agreement or with respect to the enforcement of this Agreement shall be venued in the Dakota County District Court, State of Minnesota. 15. COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which when so executed shall be deemed to be an original and the counterparts shall together constitute one and the same agreement. 16. EXECUTION OF ADDITIONAL DOCUMENTS. The parties agree to execute and deliver to the other party, as requested, any additional documents and/ or instruments that may reasonably be determined as necessary to consummate this transaction. VIII-06 9 DOCSOPEN\RS215\7\783561.v2-3/3/22 IN WITNESS WHEREOF, the Cities hereto have caused this Agreement to be executed by their respective duly authorized officers. CITY OF ROSEMOUNT Dated: By: ____________________________ Its: Mayor By: ___________________________ Its: City Clerk Dated: ____________________ CITY OF HASTINGS By: ___________________________ Its. Mayor by: __________________________ Its: City Clerk Dated: _______________________ CITY OF FARMINGTON By: ___________________________ Its: Mayor By: ____________________________ Its: City Clerk Dated: _______________________ VIII-06 10 DOCSOPEN\RS215\7\783561.v2-3/3/22 ATTACHMENT A JOINT FEES/EXPENSES 2022 Annual Cost A. Solid Waste Coordinator Salary/Benefits - PERA, FICA, family medical, single dental, and life $101,515 B. Membership— SOLID WASTE ORG. $100 C. Mileage Reimbursement $600 D. Smart Phone Monthly Fee Reimbursement $60/mo. $720 Total Projected Costs: $102,935 Divided between 3 cities $34,311.66 per city VIII-06 City Council Memorandum To: Mayor Fasbender and City Council From: John Hinzman, Community Development Director Date: April 4, 2022 Item: Authorize Signature: 2nd Amendment to Master Development Agreement - Wallin Council Action Requested: Authorize signature of the attached 2nd Amendment to the Master Development Agreement (MDA) between the City and Wallin. A simple majority is necessary for action. Background Information: The original MDA was executed in 2002 and established the development parameters for subsequent development of Wallin property which has encompassed Wallin 10th through 19th Additions. The original MDA was amended in 2012 to extend the applicability of the agreement until July 31, 2022. The proposed 2nd amendment to the MDA would extend the applicability for an additional year (July 31, 2023). Although all land within agreement has been platted, the City seeks to extend the agreement to ensure all warranty work for municipal improvements is covered. Financial Impact: N\A Advisory Commission Discussion: N\A Council Committee Discussion: N\A Attachments: • 2nd Amendment to Master Development Agreement VIII-07 Page 1 of 4 SECOND AMENDMENT TO MASTER DEVELOPMENT AGREEMENT THIS SECOND AMENDMENT TO MASTER DEVELOPMENT AGREEMENT (“Second Amendment”) is made and effective this ____ day of ____________, 2022, by and between the City of Hastings, a municipal corporation under the laws of the State of Minnesota ("City"), and the Duane R. Wallin and Winston R. Wallin Limited Liability Limited Partnership (“Developer”) (City and Developer sometimes referred to as the “Parties”). RECITALS: WHEREAS, the Parties, on July 10, and July 15, 2002, respectively, executed and entered into that certain Master Development Agreement (“Agreement”), filed for record with the office of the Dakota County Recorder on ___________, 2002, providing for, among other things, City approval of a comprehensive preliminary plat of all of the previously un-platted land owned by Developer which un-platted land was legally described in Exhibit A of the Agreement and which further provided that preliminary plat approvals granted in 2002 would be valid and effective for a period of ten (10) notwithstanding the provisions of Minn. Stat. §462.358, Subd.3(c) and any contrary City ordinance, subject to the terms and qualifications set forth in section 2 of the Agreement; and WHEREAS, effective March 15, 2012, the Parties executed and entered into that certain First Amendment to Master Development Agreement (“Amendment”), filed for record with the office of the Dakota County Recorder on ___________, 2012, which Amendment formally extended the applicability of the Agreement, and the validity of the preliminary Approvals to July 31, 2017, unless the project was not completed with a final plat, in which case, it was automatically extended without action of either party for an additional 5-year period; and WHEREAS, the project was not completed with a final plat by July 31, 2017 and there was an automatic extension of the Agreement, which now expires on July 31, 2022; and VIII-07 Page 2 of 4 WHEREAS, the Developer is now, and at all times since the Agreement was made effective has been, in compliance with the terms and provisions of the Agreement, and has fulfilled all obligations and responsibilities thereunder without default; and WHEREAS, Developer has since final platted the entirety of the real property which was made subject to the Agreement, but remains obligated to extent sanitary sewer and water from General Sieben Drive to the westerly edge of the said property within an easement situated between Lot 2, Block 1 and Lots 3 and 4, Block 1, Wallin 14th Addition in conformity with the provisions of the Agreement; and WHEREAS, by reason of the fact an obligation of warranty owed by Developer regarding the installation of such sewer and water utilities would extend beyond the current expiration date of the Agreement, as amended, the Parties are desirous of effecting by this Second Amendment a further, one-year extension of the Agreement and other corresponding amendments. NOW, THEREFORE, in consideration of the foregoing, and for good and valuable consideration, it is hereby agreed, by and between the parties, undersigned, as follows: 1. Effect of Project Approval and Extension of the Agreement. The provisions of the Agreement, as previously amended, shall be, and hereby are, initially extended until July 31, 2023. 2. Deletion of Exhibit A and Amendment of Section 14.7 of the Agreement. Exhibit A to the Agreement is herewith deleted as superfluous, and the provisions of Section 14.7 of the Agreement shall be amended by deleting the original and previously amended language thereof in its entirety. From and after the date of this Amendment, all references to Section 14.7 of the Agreement shall mean and refer to the following Section 14.7 language. 14.7 Binding Effect. The provisions of this Agreement are made binding upon, and shall inure to the benefit of, the heirs, executors, administrators, successors, and assigns of the Parties, and this Agreement shall run with the land legally described as Lots 2, 3, and 4, Block 1, Wallin 14th Addition, Dakota County, Minnesota. 3. Warranty for Utility Installations. The Parties acknowledge and agree that the Developer’s warranty for the installation of the sanitary sewer and water main within the easement between Lot 2, Block 1 and Lots 3 and 4, Block 1, Wallin 14th Addition shall remain in effect until July 31, 2023. 4. Reimbursement for Oversizing and Over Depth Expenses. In conformity with the Agreement, the City shall reimburse Developer for all charges incurred in the construction of the aforementioned sanitary sewer and water utility lines which exceed the costs which otherwise would be incurred by Developer but for (i) the election by the City to require oversized pipes (i.e., 27” sanitary sewer and 16” water), and (ii) the election to require installations at depths for reasons unrelated to the engineering needs of those of Developer’s lots hereinabove referenced, including all additional costs for removal of limestone rock. 5. Applicability and Binding Effect. Except to the extent modified herein, all other terms and conditions of the Agreement, as amended, shall remain in full force and effect, enforceable according to their terms. In the event of a conflict between the terms of this Amendment and the terms of the Agreement, the terms of this Amendment shall govern and control. All terms used herein shall have the meanings ascribed to them in the Agreement. VIII-07 Page 3 of 4 IN WITNESS WHEREOF, the parties above named have caused this instrument to be executed as of the day and year first above written. Dated: __________________, 2022 CITY OF HASTINGS, a Minnesota municipal corporation By: Its Mayor Mary Fasbender By: Its Clerk Kelly Murtaugh STATE OF MINNESOTA ) ) ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this ___ day of _____________, 2022, by Mary Fasbender, Mayor, and Kelly Murtaugh, City Clerk of the City of Hastings, a municipal corporation, on behalf of the City. Notary Public VIII-07 Page 4 of 4 Dated: ___________________, 2022 THE DUANE R. WALLIN AND WINSTON R. WALLIN LIMITED LIABILITY LIMITED PARTNERSHIP, a Minnesota limited liability limited partnership, By: Roberta L.W. Sjodin Its: General Partner STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ___ day of _____________, 2022, by Roberta L. W. Sjodin, General Partner of the Duane R. Wallin and Winston R. Wallin Limited Liability Limited Partnership, a Minnesota limited liability limited partnership. Notary Public This Instrument Drafted by: S. Todd Rapp, P.A. P.O. Box 441 Rosemount, MN 55068 VIII-07 City Council Memorandum To: Mayor Fasbender & City Councilmembers From: Emily King Date: April 4, 2022 Item: Massage Therapy Establishment License for Amanda Kaeding, Traveling Hands Massage LLC Council Action Requested: Approve the attached resolution approving a Massage Therapy Establishment License for Amanda Kaeding, Traveling Hands Massage LLC. Background Information: Amanda Kaeding, massage therapist and owner of Traveling Hands Massage LLC completed the necessary paperwork for a Massage Therapy Establishment License 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 1304 Vermillion Street. Notification was mailed to property owners, businesses and residents within 350 feet of the location. To date, no comments have been received. Approval and issuance are contingent upon the establishment passing the Fire Marshal’s inspection. Financial Impact: The application fee has been paid. Advisory Commission Discussion: N/A Council Committee Discussion: N/A Attachments: • Resolution VIII-08 CITY OF HASTINGS DAKOTA COUNTY, MINNESOTA RESOLUTION 04 - - 22 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS APPROVING MASSAGE THERAPY ESTABLISHMENT LICENSE FOR AMANDA KAEDING, TRAVELING HANDS MASSAGE LLC WHEREAS, Amanda Kaeding has made application for a massage establishment license, Traveling Hands Massage LLC to operate at 1304 Vermillion Street; and WHEREAS, approval and issuance are 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 Traveling Hands Massage LLC be a licensed massage therapy establishment for the licensing period ending December 31, 2022, unless revoked by City Council. ADOPTED BY THE CITY COUNCIL OF HASTINGS, MINNESOTA THIS 4th DAY OF APRIL 2022. ATTEST: Kelly Murtaugh, Clerk Mary D. Fasbender, Mayor VIII-08 City Council Memorandum To: Mayor Fasbender & City Councilmembers From: Emily King Date: April 4, 2022 Item: Massage Therapy Establishment License for Natalie Briones, Envision Therapy Council Action Requested: Approve the attached resolution approving a Massage Therapy Establishment License for Natalie Briones, Envision Therapy. Background Information: Natalie Briones, massage therapist and owner of Envision Therapy completed the necessary paperwork for a Massage Therapy Establishment License. The establishment will be located inside 800 Oak Street. Notification was mailed to property owners, businesses and residents within 350 feet of the location. To date, no comments have been received. Approval and issuance are contingent upon the establishment passing the Fire Marshal’s inspection. Financial Impact: The application fee has been paid. Advisory Commission Discussion: N/A Council Committee Discussion: N/A Attachments: • Resolution VIII-09 CITY OF HASTINGS DAKOTA COUNTY, MINNESOTA RESOLUTION 04 - - 22 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS APPROVING MASSAGE THERAPY ESTABLISHMENT LICENSE FOR NATALIE BRIONES, ENVISION THERAPY WHEREAS, Natalie Briones has made application for a massage establishment license, Envision Therapy 800 Oak Street; and WHEREAS, approval and issuance are 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 Envision Therapy be a licensed massage therapy establishment for the licensing period ending December 31, 2022, unless revoked by City Council. ADOPTED BY THE CITY COUNCIL OF HASTINGS, MINNESOTA THIS 4th DAY OF APRIL 2022. ATTEST: Kelly Murtaugh, Clerk Mary D. Fasbender, Mayor VIII-09 City Council Memorandum To: Mayor Fasbender & City Councilmembers From: Kelly Murtaugh Date: April 4, 2022 Item: Re-Adopt Precincts Council Action Requested: Re-Adopt the attached resolution approving precincts. Background Information: Following the March 21, 2022 adoption of the precincts and polling places, a clerical error was discovered. The area west of General Sieben Drive, annexed by the City in 2020, was inadvertently left off the precinct map. It is part of Ward 4, Precinct 1. There is no impact to any other Ward, Precinct or polling place. Financial Impact: N/A Advisory Commission Discussion: Charter Commission has recommended the proposed changes to the precinct boundaries. Council Committee Discussion: N/A Attachments: • Resolution VIII-10 CITY OF HASTINGS DAKOTA COUNTY, MINNESOTA RESOLUTION 04- -22 A RESOLUTION REAPPROVING PRECINCTS AND POLLING LOCATIONS FOR 2022 ELECTIONS WHEREAS, per Minnesota Statute 204B.14.Subd 3(e), precinct boundaries must be reestablished within 60 days of the time when the legislature has been redistricted, or at least 19 weeks before the state primary election in a year ending in two. WHEREAS, a clerical error occurred with the precinct map approved March 21, 2022. WHEREAS, per Minnesota Statute 204B.16, cities are required to re-designate polling place locations if there are changes due to precinct boundaries. NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Hastings, Minnesota that the precinct boundaries on the accompanying map are approved and the following polling locations are approved for 2022; Ward 1 Precinct 1 City Hall, 101 4th Street East Precinct 2 Hope Lutheran Church, 16898 Michael Avenue Ward 2 Precinct 1 Mail Ballot (Washington County) Precinct 2 St. John’s Lutheran Church, 202 8th Street West Precinct 3 Our Saviour’s Lutheran Church, 400 9th Street West Ward 3 Precinct 1 Calvary Christian Church, 907 15th Street West Precinct 2 United Methodist Church, 615 15th Street West Ward 4 Precinct 1 St. Phillip’s Lutheran Church 1401 15th Street West Precinct 2 Crossroads Church, 225 33rd Street West Adopted on this 4th day of April, 2022. _____________________ Mary Fasbender, Mayor Attest: _____________________ Kelly Murtaugh, City Clerk VIII-10 Ward 1, Precinct 1 Ward 2, Precinct 3 Ward 4, Precinct 1 Ward 4, Precinct 2 Ward 1, Precinct 2 Ward 3, Precinct 2 Ward 2, Precinct 2 Ward 3, Precinct 1 Ward 2, Precinct 1 HWY 55 10TH ST E 2ND ST W 15TH ST W C R 4 7 P L E A S A N T D R P I N E S T H W Y 316 H W Y 6 1 City of Hastings Ward and Precinct Map VIII-10 City Council Memorandum To: Mayor Fasbender & City Councilmembers From: Chris Jenkins, Parks & Recreation Director Date: April 4, 2022 Item: Levee Park Warming House Council Action Requested: Approve agreement allowing the City of Hastings to lend the Levee Park Warming House to Carpenter Nature Center for use in supporting their operations. Background Information: This warming house was constructed to serve at Levee Park for the skating rink users, a bird themed mural was also painted on the warming house as part of the Arts Task Force public art program. Currently, the City has no need for this warming house, and since it is a piece of public art, staff worked to find a location and willing partner so this shelter can be put back into use and can be viewed by more of the public. The warming house is currently stored at Veterans Athletic Complex and is not visible or on display as art. Connecting with Carpenter Nature Center, their staff have indicated this warming house would support their teams’ bird banding efforts at the CNC’s Wisconsin Campus, and would be in a more public area allowing the mural to be appreciated. Staff recommend approval of the agreement. Financial Impact: None Advisory Commission Discussion: The Parks & Recreation Commission supports lending the warming house to Carpenter Nature Center. Council Committee Discussion: None Attachments: ▪ Warming House Agreement VIII-11 Warming House Agreement This agreement is made on the ____ day of April, 2022, by and between the City of Hastings, A Minnesota Municipal Corporation, (hereinafter “the City”) and Carpenter St. Croix Valley Nature Center (hereinafter “CNC”). This agreement is for the long-term loan of the Levee Park Warming House, which is a modified shipping container. This container has also been painted with a bird themed mural. The City of Hastings is the owner of this container and wishes to lend it, long-term, to CNC to support their bird banding, and varied educational efforts. It is also the City’s desire to have this piece of public art in a location where it is much more accessible for viewing. 1. Transport and Use. The warming house will be moved from it’s current location by CNC staff or contractor, and transported to CNC’s Wisconsin Campus. City will allow access and may assist at its discretion. CNC will place and use the warming house at their property to support bird banding and other educational efforts in accordance with their mission. 2. Insurance. CNC shall carry sufficient liability insurance coverage, list the City as additionally insured, and provide a certificate of insurance to the City. 3. Duration. This agreement shall be a five-year agreement beginning on the date both parties have signed the agreement. This agreement may be renewed if both parties desire and agree to a renewal. 4. Termination. This agreement and the rights and obligations hereunder may be terminated only with the consent of both the City and CNC. 5. Damage. The container will be inspected by both parties at the beginning of this agreement and upon the ending or termination of this agreement. Existing damage and condition will be noted. CNC will be responsible for any additional damage or deteriorated condition, other than what can reasonably be expected from weather, duration of environmental exposure and normal wear and tear. 6. Entire Agreement. This agreement constitutes the entire agreement between the parties and any prior understanding where representation of any kind proceeding the date of this agreement shall not be binding on either party, except to the extent incorporated in this agreement. 7. Modification of Agreement. Any modification of this agreement or additional obligation assumed by either party in connection with this agreement shall be binding only if evidence in writing, signed by both the City and CNC. 8. Notices. Any notice provided for or concerning this agreement shall be in writing. Dated: , 2022 Carpenter St. Croix Valley Nature Center By: Its: Dated: , 2022 City of Hastings By: Its: VIII-11 City Council Memorandum To: Mayor Fasbender & City Councilmembers From: City Administrator Dan Wietecha Date: April 4, 2022 Item: Federal Community Project Funding for Lake Rebecca Park Council Action Requested: Approve resolution authorizing application for federal funding for Lake Rebecca Park. Background Information: Lake Rebecca: In 2021, the City applied to the Legislative-Citizen Commission on Minnesota Resources (LCCMR) for a $2M grant for design and construction of projects to rehabilitate Lake Rebecca Park and preserve natural ecology of the area. At this time the LCCMR has not made a final funding decision, but our Lake Rebecca Park project scored well in preliminary discussions. If it is funded, it appears unlikely to be for the full amount. Seeking federal appropriation could either supplement or take the place of the LCCMR funding. House Appropriations: The House Appropriations Committee is accepting requests for community project funding (CPF) for the Fiscal Year (FY) 2023 appropriations process. The application deadline is 5 pm on Monday, April 18. The CPF program allows Members of Congress – who know their districts best – to request direct funding for specific entities and projects in their districts to serve the public good and help ensure that taxpayers and local governments in the community get a greater say in the federal spending process. Only eligible CPF requests that meet all the guidelines established by the Committee will be accepted: • The project must be able to demonstrate community support. • The project or requesting entity must have no financial ties to the Member or their family. • Funding must be for FY 23 only. • If the project would normally require a funding match or cost share by a non-federal entity, then the requesting entity will need to demonstrate that it can provide this match if it makes a CPF request. • The recipient of the CPF must be a governmental entity. Financial Impact: None anticipated Committee Discussion: None Attachment: Resolution VIII-12 CITY OF HASTINGS DAKOTA COUNTY, MINNESOTA RESOLUTION 04- -22 A RESOLUTION SUPPORTING APPLICATION FOR COMMUNITY PROJECT FUNDING FOR FY2023 WHEREAS, Lake Rebecca Park is a significant community and regional asset, promoting tourism, recreation, birding, fishing, emersion into nature, and; WHEREAS, Lake Rebecca Park has been a critical part of Hastings’ Park system for many years, and; WHERAS, Lake Rebecca Park is in need of significant upgrades to enhance the usability, safety, aesthetics, and to protect and enhance the natural resources contained within its boundaries, and; WHERAS, The City of Hastings has submitted for LCCMR grant funding to complete upgrades to Lake Rebecca Park, but are unsure if that funding will be provided, and; WHEREAS, The Federal Community Project Funding is another source of potential funding to enhance this regional asset, and; WHEREAS, The Hastings City Council recognizes the need for upgrades at Lake Rebecca Park and fully supports seeking funding to complete a project; NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Hastings, Minnesota; The City of Hastings will submit an application for Community Project Funding to Representative Angie Craig’s office on or before the deadline of April 18, 2022 at 5:00pm Central Time, requesting $2,000,000.00 for an ecological master plan, design, enhancements and improvements at Lake Rebecca Park. Adopted this 4th day of April, 2022 ________________________________ Mary Fasbender, Mayor Attest: ____________________________ Kelly Murtaugh, City Clerk VIII-12 City Council Memorandum To: Mayor Fasbender & City Council Members From: Ryan Stempski – Public Works Director/City Engineer Date: March 28, 2022 Item: Conduct Public Hearing & Consider Resolution to Adopt Assessments for 2022 Neighborhood Infrastructure Improvements COUNCIL ACTION REQUESTED Council is requested to conduct a public hearing, and to consider the enclosed resolution to adopt the proposed assessments for City Project 2022-1, the 2022 Neighborhood Infrastructure Improvements. This resolution requires a simple majority vote of support for approval. The scope and features for this project were approved by the City Council at the regular meeting on March 7th and the City will be receiving bids for the project on April 7th. BACKGROUND INFORMATION The 2022 Neighborhood Infrastructure Improvements Project consists of five separate project areas ranging in scope of work from reclamation of streets to full street and utility reconstruction which was presented to City Council on March 7th, 2022 (please refer to the attached Project Map). The improvements in all areas will also include storm sewer system extensions, repairs, and replacements to facilitate drainage of the new streets. Sidewalk will be extending along Riverwood Drive and Village Trail to connect existing sidewalk to County Road 46. ASSESSMENT POLICY & FINAL PROPOSED RATES With all streets within the project areas being neighborhood-level streets, abutting properties are proposed to be assessed in accordance with the City Ordinance Policy for non-collector roads. This policy states that the assessment rates are based on the estimated special benefit to the assessed properties accruing from the constructed improvements. A certified property appraiser was hired to determine the estimated special benefit based on the proposed project improvements for each specific area, then those amounts are further reduced to 90%. The land value increase for each property can vary. This is due to differences among the properties in highest and best use, parcel configuration, amount of street frontage, amount of land area within a parcel, total number of fronting streets being improved amongst other factors, and individual property location appeal in terms of the predominant values of immediately surrounding properties. It is important to note that the special benefits valuation is based on the street and storm sewer improvements only. The City does not levy special assessments associated with utility improvements, since the cost of those improvements are funded from sources other than special assessments. The standard assessment range for single family homes in reclaim areas was $4,500 to $4,600 and for reconstruction areas this range was $5,400 to $5,600. For townhomes the standard assessment was $1,800 in reclaim areas and $3,240 in reconstruction areas. IX-01 5th Street & Ash Street RECONSTRUCT Unit Type Assessed Rate Standard Lot Assessment Single Family Home $74.70 per FF $5,600 Townhome $81.00 per FF $3,240 Church $48.52 per FF $6,660 Park Lane & Park Court RECONSTRUCT Unit Type Assessed Rate Standard Lot Assessment Single Family Home $72.90 per FF $5,400 11th Street East RECONSTRUCT Unit Type Assessed Rate Standard Lot Assessment Single Family Home $81.00 per FF N/A 13th Street, Hillside Street, & Lilac Court RECLAIM Unit Type Assessed Rate Standard Lot Assessment Single Family Home $57.60 per FF $4,600 Office Building $102.60 per FF $14,700 Riverwood Neighborhood RECLAIM Unit Type Assessed Rate Standard Lot Assessment Single Family Home $75.00 per FF $4,500 Townhome/Twinhome $45.00 per FF $1,800 Apartment/Condo $500 per Unit $500 The assessment rates were endorsed by the Operations Committee and would result in the City collecting approximately $1,360,000 to help fund the project. For a copy of the proposed assessments, please refer to the attached Preliminary Assessment Rolls dated January 26, 2022. FINANCIAL IMPACTS The estimated total project costs are $4,300,000, which includes contingencies, design, inspection, and project delivery expenses. Street & Storm Sewer Project Costs = $3,335,000 Funding Sources Amount Special Assessments $1,360,000.00 Municipal State Aid System (MSAS) $0.00 City of Hastings Chapter 429 Bonded Debt $1,975,000.00 Total Street & Storm Sewer Project Costs $3,335,000.00 Sanitary Sewer & Water System Project Costs = $965,000 Funding Sources Amount Sanitary Sewer (Utility Revenue Bond) $390,000.00 Water System (Utility Revenue Bond) $575,000.00 Total Sanitary Sewer & Water System Project Costs $965,000.00 IX-01 STAFF RECOMMENDATION Staff recommends that the Council hold the public hearing, and consider the attached resolution to adopt assessments as proposed for the 2022 Neighborhood Infrastructure Improvements. ATTACHMENTS  Resolution to Adopt the Assessments  Project Map  Preliminary Assessment Roll dated January 26, 2022 IX-01 CITY OF HASTINGS DAKOTA COUNTY, MINNESOTA RESOLUTION NO. RESOLUTION TO ADOPT THE ASSESSMENTS FOR PROJECT 2022-1, 2022 NEIGHBORHOOD INFRASTRUCTURE IMPROVEMENTS WHEREAS, pursuant to proper notice duly given as required by law, the City Council of the City of Hastings has met, heard, and passes upon all objections to the proposed assessments for the following project: 2022-1, Neighborhood Infrastructure Improvements – The reconstruction improvements would involve complete reconstruction of the street with engineered base material and new pavement along with new concrete curb and gutter. The reclaim improvements would involve reclamation of existing base material and pavement with a new pavement surface and selective repair of concrete curb and gutter. Sidewalk extensions and pedestrian ramp improvements will be made at selective locations along improved streets. Also included in all improvement areas are storm sewer extensions, repairs and replacements. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HASTINGS AS FOLLOWS: 1. The proposed assessments for project 2022-1 the Neighborhood Infrastructure Improvements, a copy of which is filed with the Hastings Engineering Department and with the City Clerk, are hereby accepted and shall constitute the special assessment against the properties named therein, and each tract of land therein included is hereby found to be benefited by the constructed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of ten (10) years, the first of the installments to be payable with the first property tax installment of 2023, and shall bear interest at the rate for which City bonds are sold plus 1.5%, per annum from December 1, 2022. To the first installment shall be added interest on the entire assessment from December 1, 2022 until December 31, 2022. To each subsequent installment, when due, shall be added interest for one year on all unpaid balances. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole or part of the assessment on such property with interest accrued to the date of the payment to the City Clerk, except that no interest or Dakota County assessment certification fee shall be charged if the entire assessment is paid by November 30, 2022. The owner may, at any time thereafter, pay to the County Treasurer the entire amount of the assessment remaining unpaid with interest accrued to December 31 of the year in which such payment is made. Such payments to the County Treasurer must be made before December 30, or interest will be charged through December 31 of the next succeeding year. 4. The Clerk shall forthwith, transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the County, and such assessments shall be collected and paid over in the same manner as other municipal taxes. 5. The amount specially assessed is hereby affirmed to be $1,356,348.47 ADOPTED BY THE CITY COUNCIL OF HASTINGS, MINNESOTA, THIS 4TH DAY OF APRIL, 2022. Ayes: Nays: Mary D. Fasbender, Mayor ATTEST: Kelly Murtaugh, City Clerk SEAL IX-01 H i g h w a y 6 1 T y l e r S t H ig h w a y 3 1 6 13th Street W 5th Street W 4th Street W Park Ct P a r k L a n e H i l l s i d e L i l a c C t A s h S t r e e t P l e a s a n t D r i v e 14th Street W Highway 55 W e s t v i e w D r i v e B a hls D r 2nd Street W P l e a s a n t D r i v e R i v e r w o o d D r 36th Street W V i l l a g e T r County Road 46 11th Street E R a m s e y S t T e a l W a y U n i o n C t 2022 Infrastructure ImprovementsProposed City Project 2022-1 Full ReconstructionReclaim IX-01 City of Hastings City Project 2022-1, Neighborhood Improvments Project - 5th Street & Ash Street Property Owner Information & Assessment Amounts Property Owners Updated 1.26.22 Property No.Parcel ID Owner Joint Owner Site Address Owner Address Owner City/State/Zip Building Type Corner Lot (X=Yes) Lot Frontage Type Short Side Frontage Long Side Frontage Standard Lot Frontage Assessment Rate Total Assessment 1 191050009121 WAYNE & BEVERLY ROTHER 1026 3RD ST W 1026 3RD ST W HASTINGS MN 55033-1016 X CLS 150 $74.70 $2,801.25 2 191050037200 CITY OF HASTINGS 101 4TH ST E HASTINGS MN 55033-1944 814 $74.70 $60,805.80 3 191050034030 MICHAEL F & SUSAN L ZAPPA 1000 5TH ST W 1000 5TH ST W HASTINGS MN 55033-1613 S.FAM.RES X CLS 150 $74.70 $2,801.25 4 191050023170 DANIEL J HAMILTON 1022 5TH ST W 1022 5TH ST W HASTINGS MN 55033-1613 S.FAM.RES S 75 $74.70 $5,602.50 5 191050009100 BROOKS J BAUER 1023 2ND ST W 1023 2ND ST W HASTINGS MN 55033-1009 S.FAM.RES X CLS 150 $74.70 $2,801.25 6 191050023160 CHRISTOPHER M & AMY JOHNSON 1026 5TH ST W 1026 5TH ST W HASTINGS MN 55033-1613 S.FAM.RES S 75 $74.70 $5,602.50 7 191050023140 MADELINE HAYDEN JOSHUA HAYDEN 1030 5TH ST W 1030 5TH ST W HASTINGS MN 55033 S.FAM.RES S 50 $74.70 $3,735.00 8 191050023130 LAURIE JEAN SQUIRES 1032 5TH ST W 1032 5TH ST W HASTINGS MN 55033-1613 S.FAM.RES S 50 $74.70 $3,735.00 9 191050023100 BRADLEY J MOLITOR 1045 4TH ST W 1045 4TH ST W HASTINGS MN 55033-1606 S.FAM.RES X CLS 149 $74.70 $2,782.58 10 191050023120 IMMANUEL BIBLE CHAPEL 1046 5TH ST W 1046 5TH ST W HASTINGS MN 55033 CHURCH X CBS 100 149 $48.52 $6,659.37 11 191400001100 CHRISTINA M MARTINEZ 1100 5TH ST W 1100 5TH ST W HASTINGS MN 55033 TOWNHOUSE S 40 $81.00 $3,240.00 12 191050008020 JAY B & CHRISTINA A KOCHENDORFER 1101 2ND ST W 1838 SUMMIT AVE SAINT PAUL MN 55105 S.FAM.RES X CLS 150 $74.70 $2,801.25 13 191050021182 MICHAEL C OLSON ANGELA C FAULKNER 1110 4TH ST W 1110 4TH ST W HASTINGS MN 55033-1607 DUPLEX X CLS 150 $81.00 $3,037.50 14 191400001090 ERIC PATRICK MILLER 1110 5TH ST W 1110 5TH ST W HASTINGS MN 55033 TOWNHOUSE S 40 $81.00 $3,240.00 15 191395001050 ROBERT J & ROBERTA ANN MOLINARO 1120 5TH ST W 1120 5TH ST W HASTINGS MN 55033 S.FAM.RES S 58 $74.70 $4,332.60 16 191395001040 JASON W BROMMERICH MELISSA L THERRIEN 1130 5TH ST W 1130 5TH ST W HASTINGS MN 55033 S.FAM.RES S 58 $74.70 $4,332.60 17 191395001030 MICHAEL S & ANDREA L LENHART 1150 5TH ST W 1150 5TH ST W HASTINGS MN 55033 S.FAM.RES S 55 $74.70 $4,108.50 18 191395001020 JACKIE A HUNT 1170 5TH ST W 1170 5TH ST W HASTINGS MN 55033 S.FAM.RES S 55 $74.70 $4,108.50 19 191395001010 CHAD D & NATALIE CARDA 1190 5TH ST W 1190 5TH ST W HASTINGS MN 55033-1632 S.FAM.RES S 64 $74.70 $4,780.80 20 191050021030 LAVERNE & JENNIFER WAHLSTROM 1402 4TH ST W 835 OLD MILL CT HASTINGS MN 55033 GARAGE ONLY S 75 $74.70 $5,602.50 21 191050008180 JAY & REBECCA RAIMANN 222 ASH ST 222 ASH ST HASTINGS MN 55033-1020 S.FAM.RES S 75 $74.70 $5,602.50 22 191050008181 MARY K NELSON 224 ASH ST 224 ASH ST HASTINGS MN 55033 S.FAM.RES X CSS 75 $74.70 $5,602.50 23 191050020100 DONNA M JOHNSON 301 ASH ST 301 ASH ST HASTINGS MN 55033-1023 S.FAM.RES X CLS 150 $74.70 $2,801.25 24 191050021031 ERIC WAHLSTROM 302 ASH ST 302 ASH ST HASTINGS MN 55033 S.FAM.RES X CSS 75 $74.70 $5,602.50 25 191050020120 ROGER K & SHARON L STUMFOLL 309 ASH ST 309 ASH ST HASTINGS MN 55033 S.FAM.RES X CLS 150 $74.70 $2,801.25 26 191050022010 ALBERT J TSTE RONNENBERG 400 ASH ST 400 ASH ST HASTINGS MN 55033 S.FAM.RES X CLS 149 $74.70 $2,782.58 27 191400001120 ALVIN ANG MA CONSOLACION ANG 410 ASH ST 7542 NATURE PATH WOODBURY MN 55125 TOWNHOUSE S 40 $81.00 $3,240.00 28 191050023201 DAVID A SCHMIDT KATHERINE M CARLSON 416 STATE ST 416 STATE ST HASTINGS MN 55033 S.FAM.RES X CLS 150 $74.70 $2,801.25 29 191400001110 GERALD G SCHNEIDER 420 ASH ST 420 ASH ST HASTINGS MN 55033-1630 TOWNHOUSE S 40 $81.00 $3,240.00 250 1647 1664 $171,384.57 Total Amount Assessed Assessment Rates per FF S $74.70 City Assesments CLS $81.00 Private Assesments $110,578.77 CSS CBS Lot Frontage Type Assessment Formula Totals 25% of Frontage Assessment Policy Key Standard (rectangular more/less) Corner - Work on Long Side Only Assessment Rates Reconstruction - Townhome/Twinhome/Duplex Property Types Reconstruction - Single Family January 26, 2022 Reconstruction - Church $60,805.80 Corner - Work on Short Side Only Corner - Work on Both Sides 100% of Short Side + 25% of Long Side 100% of Frontage 100% of Frontage $48.52 IX-01 City of Hastings City Project 2022-1, Neighborhood Improvments Project - Park Lane and Park Court Property Owner Information & Assessment Amounts Property Owners Updated 1.26.2022 Property No.Parcel ID Owner Joint Owner Site Address Owner Address Owner City/State/Zip Building Type Corner Lot (X=Yes) Lot Frontage Type Short Side Frontage Long Side Frontage Standard Lot Frontage Assessment Rate Total Assessment 1 190280055010 CITY OF HASTINGS 101 4TH ST E HASTINGS MN 55033-1944 X CSS 96 $72.90 $6,998.40 2 190280063010 CITY OF HASTINGS 101 4TH ST E HASTINGS MN 55033-1944 S 215 $72.90 $15,673.50 3 193210000010 CITY OF HASTINGS 101 4TH ST E HASTINGS MN 55033-1944 S 240 $72.90 $17,496.00 4 193210005270 CLIFTON JR & JENNIFER BOLDEN 1101 PARK LN 1101 PARK LN HASTINGS MN 55033 S.FAM.RES X CSS 75 $72.90 $5,467.50 5 193210005260 DANIEL ROWAN KATHERINE ROWAN 1107 PARK LN 1107 PARK LN HASTINGS MN 55033 S.FAM.RES S 74 $72.90 $5,394.60 6 193210005250 MARY LOU CHRISTENSON 1111 PARK LN 1008 1ST ST W APT 505 HASTINGS MN 55033 S.FAM.RES S 74 $72.90 $5,394.60 7 193210005240 JOYCE A TSTE ALBRIGHT 1119 PARK LN 1119 PARK LN HASTINGS MN 55033 S.FAM.RES S 74 $72.90 $5,394.60 8 193210005230 JULIE A DRETSCH 1121 PARK LN 1121 PARK LN HASTINGS MN 55033 S.FAM.RES S 74 $72.90 $5,394.60 9 193210006090 RICHARD P & DOROTHY FUCHS 1131 PARK CT 1131 PARK CT HASTINGS MN 55033-2548 S.FAM.RES X CBS 78 132 $72.90 $8,091.90 10 193210006080 KIM M OBRIEN 1139 PARK CT 1139 PARK CT HASTINGS MN 55033-2548 S.FAM.RES S 78 $72.90 $5,686.20 11 193210006030 JACOB & MELISSA SCHMOTTER 1140 PARK CT 1140 PARK CT HASTINGS MN 55033 S.FAM.RES I 78 $72.90 $5,686.20 12 193210006070 DEWALD & LEONIE BESTER 1143 PARK CT 1143 PARK CT HASTINGS MN 55033 S.FAM.RES I 78 $72.90 $5,686.20 13 193210006040 PAUL P & MICHELLE L YOUNGSTROM 1146 PARK CT 1146 PARK CT HASTINGS MN 55033-2548 S.FAM.RES I 78 $72.90 $5,686.20 14 193210006061 ROBERT J & PHYLLIS SCHUTZ 1147 PARK CT 1147 PARK CT HASTINGS MN 55033-2548 S.FAM.RES I 78 $72.90 $5,686.20 15 193210006050 FRANK J & MARTHA M SOFIO 1150 PARK CT 1150 PARK CT HASTINGS MN 55033-2548 S.FAM.RES I 78 $72.90 $5,686.20 16 193210005220 DEBORAH L NELSON 1201 PARK LN 1201 PARK LN HASTINGS MN 55033-2551 S.FAM.RES S 74 $72.90 $5,394.60 17 193210005210 TESSA J NORGAARD 1207 PARK LN 1207 PARK LN HASTINGS MN 55033-2551 S.FAM.RES S 89 $72.90 $6,488.10 18 193210005200 KEVIN P & SANDRA A BURKE ALLYSON KELLY 1217 PARK LN 1217 PARK LN HASTINGS MN 55033 S.FAM.RES S 87 $72.90 $6,342.30 19 193210006010 ERIC R & JESSICA M PRETTYMAN 1218 PARK LN 1218 PARK LN HASTINGS MN 55033 S.FAM.RES S 73 $72.90 $5,321.70 20 193210005190 JEANETTE M FEIDT 1223 PARK LN 1223 PARK LN HASTINGS MN 55033-2551 S.FAM.RES S 72 $72.90 $5,248.80 21 193210006020 DONALD & LU A SCOTT 1224 PARK LN 1224 PARK LN HASTINGS MN 55033 S.FAM.RES X CBS 80 135 $72.90 $8,292.38 22 193210005180 ZACHARY L ANDERSON VICTORIA L ANDERSON 1301 PARK LN 1301 PARK LN HASTINGS MN 55033 S.FAM.RES S 72 $72.90 $5,248.80 23 193210005170 DURWOOD D & MARY PETERS 1305 PARK LN 1305 PARK LN HASTINGS MN 55033-2553 S.FAM.RES S 72 $72.90 $5,248.80 24 193210005160 PATRICIA P SCHWARZ-BACKES DONALD L BACKES 1311 PARK LN 1311 PARK LN HASTINGS MN 55033-2553 S.FAM.RES S 75 $72.90 $5,467.50 25 193210005150 GERY & SHERRY WAGNER 1317 PARK LN 1317 PARK LN HASTINGS MN 55033-2553 S.FAM.RES X CLS 120 $72.90 $2,187.00 26 193210006100 MATTHEW R KASZAS 1318 PARK LN 1318 PARK LN HASTINGS MN 55033 S.FAM.RES X CLS 131 $72.90 $2,387.48 329 518 1833 $167,050.35 Assessment Rates per FF S $72.90 City Assesments CLS Private Assesments CSS CBS Assessment Policy Key Standard (rectangular more/less) Corner - Work on Long Side Only Corner - Work on Short Side Only Corner - Work on Both Sides Lot Frontage Type 100% of Short Side + 25% of Long Side 100% of Frontage 25% of Frontage 100% of Frontage Assessment Formula Assessment Rates Property Types Reconstruct - Single Family $40,167.90 Totals January 26, 2022 $126,882.45 Total Amount Assessed IX-01 City of Hastings City Project 2022-1, Neighborhood Improvments Project - 11th Street E Property Owner Information & Assessment Amounts Property Owners Updated 1.26.2022 Property No.Parcel ID Owner Joint Owner Site Address Owner Address Owner City/State/Zip Building Type Corner Lot (X=Yes) Lot Frontage Type Short Side Frontage Long Side Frontage Standard Lot Frontage Assessment Rate Total Assessment 1 190270055010 YANDER SANCHEZ KRISTIN SELLMAN-SANCHEZ 1102 TYLER ST 124 BLACK BASS RD RIVER FALLS WI 54022 S.FAM.RES X CLS 132 $81.00 $2,673.00 2 191320008070 RYAN YOUNG 315 11TH ST E 315 11TH ST E HASTINGS MN 55033 S.FAM.RES X CLS 121 $81.00 $2,450.25 0 253 0 $5,123.25 Assessment Rates per FF S $81.00 CLS CSS CBS January 26, 2022 Totals Total Amount Assessed Lot Frontage Type 100% of Short Side + 25% of Long Side 100% of Frontage 25% of Frontage Standard (rectangular more/less) Corner - Work on Long Side Only Corner - Work on Short Side Only Corner - Work on Both Sides Property Types Reconstruction - Single Family Assessment Rates 100% of Frontage Assessment Formula Assessment Policy Key IX-01 City of Hastings City Project 2022-1, Neighborhood Improvments Project - 13th Street, Hillside St, and Lilac Ct Property Owner Information & Assessment Amounts Property Owners Updated 1.26.2022 Property No.Parcel ID Owner Joint Owner Site Address Owner Address Owner City/State/Zip Building Type Corner Lot (X=Yes) Lot Frontage Type Short Side Frontage Long Side Frontage Standard Lot Frontage Assessment Rate Total Assessment 1 191950303010 SHARON M KULJU 1000 HILLSIDE ST 1000 HILLSIDE ST HASTINGS MN 55033-2538 S.FAM.RES X CSS 91 $57.60 $5,241.60 2 191950303020 CARLA GONDREAU 1010 HILLSIDE ST 1010 HILLSIDE ST HASTINGS MN 55033-2538 S.FAM.RES S 90 $57.60 $5,184.00 3 191950304010 BRYAN R BENNETT 1011 HILLSIDE ST 1011 HILLSIDE ST HASTINGS MN 55033-2506 S.FAM.RES S 76 $57.60 $4,377.60 4 191950304020 RYAN JOHNSON 1015 HILLSIDE ST 1015 HILLSIDE ST HASTINGS MN 55033 S.FAM.RES S 71 $57.60 $4,089.60 5 191950303030 LORI A THEODORSON 1020 HILLSIDE ST 1020 HILLSIDE ST HASTINGS MN 55033-2538 S.FAM.RES S 90 $57.60 $5,184.00 6 191950304030 ERIC D & LORI L COLVIN 1021 HILLSIDE ST 1021 HILLSIDE ST HASTINGS MN 55033 S.FAM.RES S 70 $57.60 $4,032.00 7 191950303040 PAUL E & CAROL A TSTES HELLEN 1030 HILLSIDE ST 1030 HILLSIDE ST HASTINGS MN 55033 S.FAM.RES S 92 $57.60 $5,299.20 8 191950304040 JAY L & PATRICIA NICHOLLS 1031 HILLSIDE ST 1031 HILLSIDE ST HASTINGS MN 55033-2506 S.FAM.RES S 74 $57.60 $4,262.40 9 191950303050 ANNE THIELEN LUCAS THIELEN 1040 HILLSIDE ST 1040 HILLSIDE ST HASTINGS MN 55033 S.FAM.RES S 80 $57.60 $4,608.00 10 191950304050 MICHAEL J & JEAN V MCCABE 1041 HILLSIDE ST 1041 HILLSIDE ST HASTINGS MN 55033-2506 S.FAM.RES S 75 $57.60 $4,320.00 11 191950303060 MICHAEL C & LORI S BEAUVAIS 1100 HILLSIDE ST 1100 HILLSIDE ST HASTINGS MN 55033-2505 S.FAM.RES S 80 $57.60 $4,608.00 12 191950303130 TODD M & SUSAN M JUNKER 1100 LILAC CT 1100 LILAC CT HASTINGS MN 55033-2539 S.FAM.RES I 83 $57.60 $4,780.80 13 191950304060 MARSHALL L & NICOLE HALBACH 1101 HILLSIDE ST 1101 HILLSIDE ST HASTINGS MN 55033-2504 S.FAM.RES S 75 $57.60 $4,320.00 14 191950303120 MITCHELL & KRISTI WOODWICK 1101 LILAC CT 1101 LILAC CT HASTINGS MN 55033 S.FAM.RES I 83 $57.60 $4,780.80 15 191950303070 MICHAEL A KNOPS RAMELYN KNOPS 1110 HILLSIDE ST 1110 HILLSIDE ST HASTINGS MN 55033 S.FAM.RES S 80 $57.60 $4,608.00 16 191950303140 ROBERT W & JUDITH K BISHOP 1110 LILAC CT 1110 LILAC CT HASTINGS MN 55033-2539 S.FAM.RES I 83 $57.60 $4,780.80 17 191950304070 PERCY J & KAREN DAMROW 1111 HILLSIDE ST 1111 HILLSIDE ST HASTINGS MN 55033-2504 S.FAM.RES S 75 $57.60 $4,320.00 18 191950303112 KRISTA A KRAMMER 1111 LILAC CT 1111 LILAC CT HASTINGS MN 55033 S.FAM.RES I 76 $57.60 $4,377.60 19 191950303080 STEVE & TAMARA JOHNSON 1120 HILLSIDE ST 1120 HILLSIDE ST HASTINGS MN 55033-2505 S.FAM.RES X CBS 85 120 $57.60 $6,624.00 20 191950303150 DIANA K BISHOP 1120 LILAC CT 1120 LILAC CT HASTINGS MN 55033 S.FAM.RES S 76 $57.60 $4,377.60 21 191950304080 DENNIS BRUMMEL ASHLEY BRUMMEL 1121 HILLSIDE ST 1121 HILLSIDE ST HASTINGS MN 55033 S.FAM.RES X CBS 82 120 $57.60 $6,451.20 22 191950303111 SHAWN P MONAHAN ASHLEY MONAHAN 1121 LILAC CT 1121 LILAC CT HASTINGS MN 55033 S.FAM.RES S 83 $57.60 $4,780.80 23 191950303190 DAVID M & DIANE M FOX 1121 WESTVIEW DR 1121 WESTVIEW DR HASTINGS MN 55033 S.FAM.RES X CSS 90 $57.60 $5,184.00 24 191950303090 DANIEL STARK 1131 LILAC CT 1131 LILAC CT HASTINGS MN 55033 S.FAM.RES X CBS 83 120 $57.60 $6,508.80 25 191950305020 RYAN PATRICK LEKO ALISON KARYN PAUL 1201 WESTVIEW DR 1201 WESTVIEW DR HASTINGS MN 55033 S.FAM.RES X CSS 83 $57.60 $4,780.80 26 191950305120 ROYCE A & KAREN F ANDERSON 1237 13TH ST W 1237 13TH ST W HASTINGS MN 55033 S.FAM.RES S 77 $57.60 $4,435.20 27 191950305110 MICHELE A ENRIQUEZ 1243 13TH ST W 1243 13TH ST W HASTINGS MN 55033 S.FAM.RES S 78 $57.60 $4,492.80 28 191950305100 JAMES J & JOHNNIE P SMUHL 1249 13TH ST W 1249 13TH ST W HASTINGS MN 55033-2525 S.FAM.RES S 78 $57.60 $4,492.80 29 191950305090 TERRY M & WENDY R CHANDLER 1255 13TH ST W 1255 13TH ST W HASTINGS MN 55033-2525 S.FAM.RES S 77 $57.60 $4,435.20 30 191950305080 MICHAEL & CATHERINE NORGAARD 1261 13TH ST W 1261 13TH ST W HASTINGS MN 55033-2525 S.FAM.RES S 78 $57.60 $4,492.80 31 191950305070 JOSEPH F TSTE LORENTZ JOAN M TSTE LORENTZ 1267 13TH ST W 1267 13TH ST W HASTINGS MN 55033 S.FAM.RES S 78 $57.60 $4,492.80 32 191950305060 MARK W SLAUGHTER PATRICIA M PATTISON 1273 13TH ST W 1273 13TH ST W HASTINGS MN 55033 S.FAM.RES S 78 $57.60 $4,492.80 33 191950303160 JILL WAGNER 1278 13TH ST W 22105 LEWISTON BLVD HAMPTON MN 55031 S.FAM.RES X CBS 88 120 $57.60 $6,796.80 34 191950305050 IGNACIO CELIS MARTINEZ MICHELLE M MARTINEZ 1279 13TH ST W 1279 13TH ST W HASTINGS MN 55033 S.FAM.RES S 78 $57.60 $4,492.80 35 191950303170 JONATHAN & SHEENA CARLSON 1284 13TH ST W 1284 13TH ST W HASTINGS MN 55033 S.FAM.RES S 87 $57.60 $5,011.20 36 191950305040 MICHAEL & PAMELA TIMP 1285 13TH ST W 1285 13TH ST W HASTINGS MN 55033 S.FAM.RES S 77 $57.60 $4,435.20 37 191950303180 GARY L REUTER 1290 13TH ST W 1290 13TH ST W HASTINGS MN 55033-2578 S.FAM.RES S 87 $57.60 $5,011.20 38 191950305030 JOLEEN G REAMER 1291 13TH ST W 1291 13TH ST W HASTINGS MN 55033-2525 S.FAM.RES S 78 $57.60 $4,492.80 39 198301002011 999 WESTVIEW LLC DANIEL J FLUEGEL 999 WESTVIEW DR 999 WESTVIEW DRIVE HASTINGS MN 55033 OFFICE X CSS 143 $102.60 $14,671.80 745 480 2463 $198,127.80 Assessment Rates per FF S $57.60 CLS $102.60 CSS CBS Assessment Rates Property Types Reclaim - Single Family Reclaim - Multi-Tenant Office Lot Frontage Type Assessment Policy Key Assessment Formula 100% of Frontage 25% of Frontage 100% of Frontage Standard (rectangular more/less) Corner - Work on Long Side Only Corner - Work on Short Side Only Corner - Work on Both Sides 100% of Short Side + 25% of Long Side Totals Total Amount Assessed January 26, 2022 IX-01 City of Hastings City Project 2022-1, Neighborhood Improvments Project - Riverwood Drive & Village Trail Area Property Owner Information & Assessment Amounts Property Owners Updated 1.26.22 Property No.Parcel ID Owner Joint Owner Site Address Owner Address Owner City/State/Zip Building Type Corner Lot (X=Yes) Lot Frontage Type Short Side Frontage Long Side Frontage Standard Lot Frontage Units (Apartments & Condos) Assessment Rate Total Assessment 1 196437500013 DUANE A GROTH 925 HIGHWAY 55 STE 203 HASTINGS MN 55033-1237 NONE X CSS 2 $500.00 $1,000.00 2 196437500040 CITY OF HASTINGS DRAINAGE 101 4TH ST E HASTINGS MN 55033-1944 DRAINAGE S 106 $75.00 $7,950.00 3 196437500050 CITY OF HASTINGS DRAINAGE 101 4TH ST E HASTINGS MN 55033-1944 DRAINAGE S 46 $75.00 $3,450.00 4 196437502010 OTTING ENTERPRISES LP 2955 RIVERWOOD DR 11640 275TH ST E LAKEVILLE MN 55044 APARTMENT X CSS 4 $500.00 $2,000.00 5 196437502020 OTTING ENTERPRISES LP 2965 RIVERWOOD DR 11640 275TH ST E LAKEVILLE MN 55044 APARTMENT S 4 $500.00 $2,000.00 6 196437502030 OTTING ENTERPRISES LP 11640 275TH ST E LAKEVILLE MN 55044 NONE S 3 $500.00 $1,500.00 7 196437600020 CITY OF HASTINGS 101 4TH ST E HASTINGS MN 55033-1944 DRAINAGE S 15 $75.00 $1,125.00 8 196437600030 CITY OF HASTINGS 101 4TH ST E HASTINGS MN 55033-1944 DRAINAGE S 15 $75.00 $1,125.00 9 196437600040 CITY OF HASTINGS 101 4TH ST E HASTINGS MN 55033-1944 DRAINAGE S 58 $75.00 $4,350.00 10 196437800010 CITY OF HASTINGS 101 4TH ST E HASTINGS MN 55033-1944 DRAINAGE S 20 $75.00 $1,500.00 11 196437800020 CITY OF HASTINGS 101 4TH ST E HASTINGS MN 55033-1944 DRAINAGE S 20 $75.00 $1,500.00 12 196438701090 STEVEN R & ANNETTE M WATSON 1075 REGENCY CT 1075 REGENCY CT HASTINGS MN 55033 TOWNHOUSE I 50 $45.00 $2,250.00 13 196438601180 JOHN F TSTE GARDELL VIRGINIA L TSTE GARDELL 1075 RIVERWOOD CT 1075 RIVERWOOD CT HASTINGS MN 55033-3461 TOWNHOUSE I 40 $45.00 $1,800.00 14 196438701080 DANIEL E VERSAW RUTH F PIERCE 1076 REGENCY CT 1076 REGENCY CT HASTINGS MN 55033 TOWNHOUSE I 50 $45.00 $2,250.00 15 196438601170 PAUL J KRANZ 1076 RIVERWOOD CT 1076 RIVERWOOD CT HASTINGS MN 55033-3461 TOWNHOUSE I 40 $45.00 $1,800.00 16 196438701070 RUSSEL J & VIRGINIA SYLTIE 1078 REGENCY CT 1078 REGENCY CT HASTINGS MN 55033-3472 TOWNHOUSE I 50 $45.00 $2,250.00 17 196438601160 FRANK E TSTE BAUER VALERAYN B TSTE BAUER 1078 RIVERWOOD CT 1078 RIVERWOOD CT HASTINGS MN 55033-3461 TOWNHOUSE I 40 $45.00 $1,800.00 18 196438701100 JOANNE L BARTRON 1079 REGENCY CT 1079 REGENCY CT HASTINGS MN 55033-3472 TOWNHOUSE I 50 $45.00 $2,250.00 19 196438601190 ROSEMARY KRANZ 1079 RIVERWOOD CT 1079 RIVERWOOD CT HASTINGS MN 55033 TOWNHOUSE I 40 $45.00 $1,800.00 20 196438701060 DAVID A THUE 1082 REGENCY CT 1082 REGENCY CT HASTINGS MN 55033-3472 TOWNHOUSE I 50 $45.00 $2,250.00 21 196438601150 CAROL A OERTEL 1082 RIVERWOOD CT 1082 RIVERWOOD CT HASTINGS MN 55033 TOWNHOUSE I 40 $45.00 $1,800.00 22 196438701110 ALAN L & MARY K HANSEN 1083 REGENCY CT 1083 REGENCY CT HASTINGS MN 55033-3472 TOWNHOUSE I 50 $45.00 $2,250.00 23 196438601200 RICHARD G & DARLISS D WISE 1083 RIVERWOOD CT 1083 RIVERWOOD CT HASTINGS MN 55033 TOWNHOUSE I 40 $45.00 $1,800.00 24 196438701050 JUDITH ANN CAPETI 1086 REGENCY CT 1086 REGENCY CT HASTINGS MN 55033-3472 TOWNHOUSE S 41 $45.00 $1,845.00 25 196438601130 LINDA I TSTE EDSTROM 1086 RIVERWOOD CT 1086 RIVERWOOD CT HASTINGS MN 55033 TOWNHOUSE I 40 $45.00 $1,800.00 26 196438701120 JOHN LIGHTBOURN LINDA LIGHTBOURN 1087 REGENCY CT 1087 REGENCY CT HASTINGS MN 55033 TOWNHOUSE S 40 $45.00 $1,800.00 27 196438601210 MILDRED JACOBSON KEITH ANDERSON 1087 RIVERWOOD CT 1087 RIVERWOOD CT HASTINGS MN 55033-3461 TOWNHOUSE I 40 $45.00 $1,800.00 28 196438701040 DONNA G BOTHUN 1090 REGENCY CT 1090 REGENCY CT HASTINGS MN 55033-3472 TOWNHOUSE I 49 $45.00 $2,205.00 29 196438601120 STEPHEN J ANDERSON DEBRA L STEVENS 1090 RIVERWOOD CT 1090 RIVERWOOD CT HASTINGS MN 55033 TOWNHOUSE I 40 $45.00 $1,800.00 30 196438701130 SANDRA JOHNSON 1091 REGENCY CT 1091 REGENCY CT HASTINGS MN 55033 TOWNHOUSE I 49 $45.00 $2,205.00 31 196438601220 HERBERT A & MARIE E TSTES KAPSNER 1091 RIVERWOOD CT 1091 RIVERWOOD CT HASTINGS MN 55033 TOWNHOUSE I 40 $45.00 $1,800.00 32 196438701030 DOROTHY E MATSCH 1094 REGENCY CT 1094 REGENCY CT HASTINGS MN 55033-3472 TOWNHOUSE S 50 $45.00 $2,250.00 33 196438601110 LAWRENCE & VIRGINIA DOBIAS 1094 RIVERWOOD CT 1094 RIVERWOOD CT HASTINGS MN 55033 TOWNHOUSE S 40 $45.00 $1,800.00 34 196438701140 ROBERT C & GAYLE C CATURIA 1095 REGENCY CT 1095 REGENCY CT HASTINGS MN 55033 TOWNHOUSE S 50 $45.00 $2,250.00 35 196438601230 RUSSELL A & SUSAN K DILLEY 1095 RIVERWOOD CT 1095 RIVERWOOD CT HASTINGS MN 55033 TOWNHOUSE S 40 $45.00 $1,800.00 36 196438701020 ROBERT J & PATRICIA L HUNEKE 1098 REGENCY CT 1098 REGENCY CT HASTINGS MN 55033 TOWNHOUSE S 40 $45.00 $1,800.00 37 196438601100 PHILIP J & PATRICIA CHENIER 1098 RIVERWOOD CT 1098 RIVERWOOD CT HASTINGS MN 55033-3461 TOWNHOUSE S 45 $45.00 $2,025.00 38 196438701150 LORI L GUSTAFSON 1099 REGENCY CT 1099 REGENCY CT HASTINGS MN 55033 TOWNHOUSE S 40 $45.00 $1,800.00 39 196438601240 KAREN J DAHL 1099 RIVERWOOD CT 1099 RIVERWOOD CT HASTINGS MN 55033-3461 TOWNHOUSE S 45 $45.00 $2,025.00 40 196437802050 JAMES R & CYNTHIA L PUMPHREY 1140 SHERMAN WAY 1140 SHERMAN WAY HASTINGS MN 55033-3457 S.FAM.RES X CBS 70 135 $75.00 $7,781.25 41 196437804050 BARRY E & SUSAN M OTTERNESS 1141 SHERMAN WAY 1141 SHERMAN WAY HASTINGS MN 55033 S.FAM.RES X CBS - I 70 151 $75.00 $8,081.25 42 196437802040 DOMONIK R STANTON JESSICA A HAMILTON 1144 SHERMAN WAY 1144 SHERMAN WAY HASTINGS MN 55033 S.FAM.RES S 56 $75.00 $4,200.00 43 196437804040 KATHLEEN A BLESENER 1145 SHERMAN WAY 1145 SHERMAN WAY HASTINGS MN 55033 S.FAM.RES S 56 $75.00 $4,200.00 44 196437802030 JAMIE STEVENS ERIN COURTNEY 1148 SHERMAN WAY 1148 SHERMAN WAY HASTINGS MN 55033 S.FAM.RES S 62 $75.00 $4,650.00 45 196437804030 MARY L MCPHETRES 1149 SHERMAN WAY 1149 SHERMAN WAY HASTINGS MN 55033 S.FAM.RES S 57 $75.00 $4,275.00 46 196437802020 RODERICK D & TAMIKA T TRICE 1152 SHERMAN WAY 1152 SHERMAN WAY HASTINGS MN 55033 S.FAM.RES S 58 $75.00 $4,350.00 January 26, 2022 IX-01 Property No.Parcel ID Owner Joint Owner Site Address Owner Address Owner City/State/Zip Building Type Corner Lot (X=Yes) Lot Frontage Type Short Side Frontage Long Side Frontage Standard Lot Frontage Units (Apartments & Condos) Assessment Rate Total Assessment 47 196437804020 BRENT E & SUSAN L TURNER 1153 SHERMAN WAY 1153 SHERMAN WAY HASTINGS MN 55033-3458 S.FAM.RES S 60 $75.00 $4,500.00 48 196437802010 BLAINE P & JENNIFER RAWAY 1156 SHERMAN WAY 1156 SHERMAN WAY HASTINGS MN 55033 S.FAM.RES I 59 $75.00 $4,425.00 49 196437804010 GREGORY S & LORI K MIKEL 1157 SHERMAN WAY 1157 SHERMAN WAY HASTINGS MN 55033-3458 S.FAM.RES I 63 $75.00 $4,725.00 50 196437801060 DANIEL R & JULIE M DIBBIE 1160 SHERMAN WAY 1160 SHERMAN WAY HASTINGS MN 55033-3457 S.FAM.RES I 67 $75.00 $5,025.00 51 196437805060 JUDY C PARTINGTON 1161 SHERMAN WAY 1161 SHERMAN WAY HASTINGS MN 55033-3458 S.FAM.RES I 64 $75.00 $4,800.00 52 196437605050 GERALD A & EMILY M CHANDLER 1163 TEAL WAY 1163 TEAL WAY HASTINGS MN 55033-3424 S.FAM.RES X CBS 64 120 $75.00 $7,050.00 53 196437801050 SANDRA L BOESL 1164 SHERMAN WAY 1164 SHERMAN WAY HASTINGS MN 55033-3457 S.FAM.RES S 64 $75.00 $4,800.00 54 196437805050 LEE M & JOYCE M ZENNER 1165 SHERMAN WAY 1165 SHERMAN WAY HASTINGS MN 55033-3458 S.FAM.RES S 61 $75.00 $4,575.00 55 196437605040 TERRANCE S & DONNA J MULLANEY 1165 TEAL WAY 1165 TEAL WAY HASTINGS MN 55033-3424 S.FAM.RES S 58 $75.00 $4,350.00 56 196437603070 CHAD STENERSON 1166 TEAL WAY 1166 TEAL WAY HASTINGS MN 55033 S.FAM.RES X CBS - I 70 126 $75.00 $7,612.50 57 196437605030 CURTIS J & SHARON L AASENG 1167 TEAL WAY 1167 TEAL WAY HASTINGS MN 55033-3424 S.FAM.RES S 58 $75.00 $4,350.00 58 196437801040 ROBIN VALENTINE & LISA MARIE LIPINSKI 1168 SHERMAN WAY 169 SUMMIT POINT DR HASTINGS MN 55033 S.FAM.RES S 66 $75.00 $4,950.00 59 196437603060 WAYNE R & CHERI L MCCLAINE 1168 TEAL WAY 1168 TEAL WAY HASTINGS MN 55033-3422 S.FAM.RES S 70 $75.00 $5,250.00 60 196437805040 SPENCER D & SHARON J BLACKIE 1169 SHERMAN WAY 1169 SHERMAN WAY HASTINGS MN 55033-3458 S.FAM.RES S 64 $75.00 $4,800.00 61 196437605020 SERGE ZOUBI & KELLY ZOUBI THIONO 1169 TEAL WAY 1169 TEAL WAY HASTINGS MN 55033 S.FAM.RES S 58 $75.00 $4,350.00 62 196437605010 BRUCE J & LINDA M LOESCH 1171 TEAL WAY 1171 TEAL WAY HASTINGS MN 55033-3424 S.FAM.RES S 61 $75.00 $4,575.00 63 196437801030 PAUL A & RHONDA W HOHMAN 1172 SHERMAN WAY 1172 SHERMAN WAY HASTINGS MN 55033 S.FAM.RES S 64 $75.00 $4,800.00 64 196437805030 MICHAEL J & SARAH K OSTERBERG 1173 SHERMAN WAY 1173 SHERMAN WAY HASTINGS MN 55033 S.FAM.RES S 61 $75.00 $4,575.00 65 196437604060 WAYNE & KATHLEEN SPECHT 1173 TEAL WAY 1173 TEAL WAY HASTINGS MN 55033-3424 S.FAM.RES S 61 $75.00 $4,575.00 66 196437604050 DAN J & KELLY J KIVEL 1175 TEAL WAY 1175 TEAL WAY HASTINGS MN 55033 S.FAM.RES S 58 $75.00 $4,350.00 67 196437801020 JAMES RUSSELL KOPESKY KATHRYN MARIE KOPESKY 1176 SHERMAN WAY 1176 SHERMAN WAY HASTINGS MN 55033 S.FAM.RES S 64 $75.00 $4,800.00 68 196437602030 KATIE HOWARD TANNER HOWARD 1176 TEAL WAY 1176 TEAL WAY HASTINGS MN 55033-3423 S.FAM.RES S 65 $75.00 $4,875.00 69 196437805020 ERIC BRIAN CHRISTIANSEN 1177 SHERMAN WAY 1177 SHERMAN WAY HASTINGS MN 55033 S.FAM.RES S 64 $75.00 $4,800.00 70 196437604040 BARRY M & ELLEN I JOHNSON 1177 TEAL WAY 1177 TEAL WAY HASTINGS MN 55033-3424 S.FAM.RES S 60 $75.00 $4,500.00 71 196437602020 BENJAMIN W BANITT BREONNA K NIEDERKORN 1178 TEAL WAY 1178 TEAL WAY HASTINGS MN 55033 S.FAM.RES S 61 $75.00 $4,575.00 72 196437604030 MARK L & CAROL J PETERS 1179 TEAL WAY 1179 TEAL WAY HASTINGS MN 55033-3424 S.FAM.RES I 60 $75.00 $4,500.00 73 196437801010 MELISSA STRASESKE 1180 SHERMAN WAY 1180 SHERMAN WAY HASTINGS MN 55033 S.FAM.RES X CBS 72 135 $75.00 $7,931.25 74 196437602010 BOLAT INCORPORATED 1180 TEAL WAY 1150 4TH ST W HASTINGS MN 55033 S.FAM.RES X CBS - I 70 $75.00 $5,250.00 75 196437805010 EVAN & ELIZABETH MAGNUS 1181 SHERMAN WAY 1181 SHERMAN WAY HASTINGS MN 55033-3458 S.FAM.RES X CBS 70 116 $75.00 $7,425.00 76 196437604020 MATTHEW J & MEGAN E LOYAS 1181 TEAL WAY 1181 TEAL WAY HASTINGS MN 55033 S.FAM.RES I 58 $75.00 $4,350.00 77 196437901040 ROBERT J JR POLLARD KERRI M POLLARD 1182 WESTERN CT 1182 WESTERN CT HASTINGS MN 55033-3343 S.FAM.RES X CBS 74 162 $75.00 $8,587.50 78 196437901110 MARY C SIEBEN 1182 WINTER CT 1182 WINTER CT HASTINGS MN 55033-3344 S.FAM.RES X CBS 71 146 $75.00 $8,062.50 79 196437604010 VERLA ANN MCTAGUE JAMES LEONARD MCTAGUE 1183 TEAL WAY 1183 TEAL WAY HASTINGS MN 55033 S.FAM.RES X CBS 80 104 $75.00 $7,950.00 80 196438002010 THOMAS J HANDRICH 1183 VISTA DR 1183 VISTA DR HASTINGS MN 55033 S.FAM.RES X CLS 124 $75.00 $2,325.00 81 196437901100 TIMOTHY J & RENE M WEBER 1183 WESTERN CT 1183 WESTERN CT HASTINGS MN 55033-3343 S.FAM.RES I 64 $75.00 $4,800.00 82 196437901180 NEIL JAMES SCHLEMMER 1183 WINTER CT 1183 WINTER CT HASTINGS MN 55033 S.FAM.RES X CBS 80 141 $75.00 $8,643.75 83 196437601010 COLIN J & LISA S BOIE 1184 UNION CT 1184 UNION CT HASTINGS MN 55033-3428 S.FAM.RES X CBS 70 115 $75.00 $7,406.25 84 196438001200 MICHAEL L ROTHER KARENA BETH ROTHER 1184 VISTA DR 1184 VISTA DR HASTINGS MN 55033-3345 S.FAM.RES X CLS 119 $75.00 $2,231.25 85 196437901050 TROY J & TIFFANY A HANSON 1184 WESTERN CT 1184 WESTERN CT HASTINGS MN 55033 S.FAM.RES I 62 $75.00 $4,650.00 86 196437901120 MICHAEL W & ASHLEY A ENGELDINGER 1184 WINTER CT 1184 WINTER CT HASTINGS MN 55033-3344 S.FAM.RES I 62 $75.00 $4,650.00 87 196437901090 ANDREW N SKINDELIEN 1185 WESTERN CT 1185 WESTERN CT HASTINGS MN 55033-3343 S.FAM.RES I 62 $75.00 $4,650.00 88 196437901170 JACOB LEE OTIS 1185 WINTER CT 1185 WINTER CT HASTINGS MN 55033 S.FAM.RES I 62 $75.00 $4,650.00 89 196437601020 ERIK S & ARLENE R LIND 1186 UNION CT 1186 UNION CT HASTINGS MN 55033-3428 S.FAM.RES S 60 $75.00 $4,500.00 90 196437501010 EMMANUEL SZEPIENIEC KATHERINE CROSS 1186 VILLA CT 1186 VILLA CT HASTINGS MN 55033 S.FAM.RES X CBS 71 149 $75.00 $8,118.75 91 196437901060 ERIK & ADDIE GESKE 1186 WESTERN CT 1186 WESTERN CT HASTINGS MN 55033 S.FAM.RES I 64 $75.00 $4,800.00 92 196437901130 RODNEY JAMES SMITH DOROTHY M SMITH 1186 WINTER CT 1186 WINTER CT HASTINGS MN 55033-3344 S.FAM.RES I 64 $75.00 $4,800.00 93 196437601160 LAURA K BEHR 1187 UNION CT 1187 UNION CT HASTINGS MN 55033 S.FAM.RES X CBS - I 70 $75.00 $5,250.00 94 196437501140 NICOLE MARIE ELLSON 1187 VILLA CT 1187 VILLA CT HASTINGS MN 55033 S.FAM.RES X CBS 81 108 $75.00 $8,100.00 95 196437901080 TIMOTHY & VALERIE LOWING 1187 WESTERN CT 1187 WESTERN AVE HASTINGS MN 55033 S.FAM.RES I 64 $75.00 $4,800.00 96 196437901160 JOHN C & TAMMY M BABCOCK 1187 WINTER CT 1187 WINTER CT HASTINGS MN 55033 S.FAM.RES I 64 $75.00 $4,800.00 97 196437601030 ZE DONG QIU SU RONG JIANG 1188 UNION CT 1430 RIVERBLUFF DR HASTINGS MN 55033 S.FAM.RES S 60 $75.00 $4,500.00 98 196437501020 AARON P TRUSTY MILLER LAINNE TRUSTY MILLER 1188 VILLA CT 1188 VILLA CT HASTINGS MN 55033 S.FAM.RES S 60 $75.00 $4,500.00 99 196437901140 CHARLES C & JUDITH E SHATEK 1188 WINTER CT 1188 WINTER CT HASTINGS MN 55033-3344 S.FAM.RES I 64 $75.00 $4,800.00 IX-01 Property No.Parcel ID Owner Joint Owner Site Address Owner Address Owner City/State/Zip Building Type Corner Lot (X=Yes) Lot Frontage Type Short Side Frontage Long Side Frontage Standard Lot Frontage Units (Apartments & Condos) Assessment Rate Total Assessment 100 196437601150 DUANE L & LINDA S TSTES PUTZ 1189 UNION CT 1189 UNION CT HASTINGS MN 55033 S.FAM.RES I 62 $75.00 $4,650.00 101 196437501130 JOSEPH A THORSTAD 1189 VILLA CT 1189 VILLA CT HASTINGS MN 55033-3429 S.FAM.RES S 62 $75.00 $4,650.00 102 196437901070 MICHAEL & LISA KILMER 1189 WESTERN CT 1189 WESTERN CT HASTINGS MN 55033-3343 S.FAM.RES I 64 $75.00 $4,800.00 103 196437601040 BRIAN DOREE MICHELLE DOREE 1190 UNION CT 1190 UNION CT HASTINGS MN 55033 S.FAM.RES I 62 $75.00 $4,650.00 104 196437501030 MARK & KAREN PURINGTON 1190 VILLA CT 1190 VILLA CT HASTINGS MN 55033 S.FAM.RES S 60 $75.00 $4,500.00 105 196437901150 DENYS SHASHKOV ALEXANDRA S SHASHKOVA 1190 WINTER CT 1190 WINTER CT HASTINGS MN 55033 S.FAM.RES I 64 $75.00 $4,800.00 106 196437601140 JOANNE RUTH PETERS 1191 UNION CT 1191 UNION CT HASTINGS MN 55033 S.FAM.RES S 64 $75.00 $4,800.00 107 196437501120 JOHN A GRANBERG 1191 VILLA CT 1191 VILLA CT HASTINGS MN 55033-3429 S.FAM.RES S 62 $75.00 $4,650.00 108 196437601050 ANDREW J BENJAMIN JENNIFER R BENJAMIN 1192 UNION CT 1192 UNION CT HASTINGS MN 55033 S.FAM.RES S 63 $75.00 $4,725.00 109 196437501040 CHRIS P & LORI L KLEIN 1192 VILLA CT 1192 VILLA CT HASTINGS MN 55033-3429 S.FAM.RES S 60 $75.00 $4,500.00 110 196437601130 JOHN C JR & JORDAN BARSNESS 1193 UNION CT 1193 UNION CT HASTINGS MN 55033 S.FAM.RES S 63 $75.00 $4,725.00 111 196437501110 JOHN A & FELICITY A KROSKA 1193 VILLA CT 1193 VILLA CT HASTINGS MN 55033 S.FAM.RES I 62 $75.00 $4,650.00 112 196437601060 ASHLEY REIMER 1194 UNION CT 1194 UNION CT HASTINGS MN 55033 S.FAM.RES I 62 $75.00 $4,650.00 113 196437501050 PAUL J HICKS 1194 VILLA CT 1194 VILLA CT HASTINGS MN 55033-3429 S.FAM.RES I 62 $75.00 $4,650.00 114 196437601120 TROY & SALLIE ANDERSON 1195 UNION CT 1195 UNION CT HASTINGS MN 55033 S.FAM.RES I 62 $75.00 $4,650.00 115 196437501100 PAULINO & MERIA RODRIGUEZ 1195 VILLA CT 1195 VILLA CT HASTINGS MN 55033 S.FAM.RES I 62 $75.00 $4,650.00 116 196437601070 GAREN MICHAEL VICKNEY 1196 UNION CT 1196 UNION CT HASTINGS MN 55033 S.FAM.RES I 64 $75.00 $4,800.00 117 196437501060 CLINTON CORY MEGHAN KARPEN 1196 VILLA CT 1196 VILLA CT HASTINGS MN 55033 S.FAM.RES I 64 $75.00 $4,800.00 118 196437601110 PETER GORDON TIX 1197 UNION CT 1197 UNION CT HASTINGS MN 55033 S.FAM.RES I 62 $75.00 $4,650.00 119 196437501090 STEVEN A BIEGEL 1197 VILLA CT 1197 VILLA CT HASTINGS MN 55033-3429 S.FAM.RES I 64 $75.00 $4,800.00 120 196437601080 JOHN III & DEBORAH K LYNCH 1198 UNION CT 1198 UNION CT HASTINGS MN 55033-3428 S.FAM.RES I 64 $75.00 $4,800.00 121 196437501070 CRAIG & PATRICIA BUSWELL 1198 VILLA CT 1198 VILLA CT HASTINGS MN 55033-3429 S.FAM.RES I 64 $75.00 $4,800.00 122 196437601100 GARY D & GLENDA R WYTASKE 1199 UNION CT 1199 UNION CT HASTINGS MN 55033-3428 S.FAM.RES I 64 $75.00 $4,800.00 123 196437501080 MIKKE E PAPES 1199 VILLA CT 1199 VILLA CT HASTINGS MN 55033 S.FAM.RES I 62 $75.00 $4,650.00 124 196437601090 CLIFFORD J HARRINGTON 1200 UNION CT 1200 UNION CT HASTINGS MN 55033-3428 S.FAM.RES I 64 $75.00 $4,800.00 125 196437505131 TIMOTHY J GEGEN 3000 RIVERWOOD DR #131 3000 RIVERWOOD DR UNIT 131 HASTINGS MN 55033-3447 CONDOMINM S 1 $500.00 $500.00 126 196437505132 MARY E KELM 3000 RIVERWOOD DR #132 3000 RIVERWOOD DR UNIT 132 HASTINGS MN 55033-3447 CONDOMINM S 1 $500.00 $500.00 127 196437505133 RITA M SIEBEN 3000 RIVERWOOD DR #133 3000 RIVERWOOD DR UNIT 133 HASTINGS MN 55033-3467 CONDOMINM S 1 $500.00 $500.00 128 196437505134 TRAVIS L ROBERTS 3000 RIVERWOOD DR #134 3000 RIVERWOOD DR UNIT 134 HASTINGS MN 55033 CONDOMINM S 1 $500.00 $500.00 129 196437505135 VIRGINIA J HOPP JUNE M HOPP 3000 RIVERWOOD DR #135 3000 RIVERWOOD DR UNIT 135 HASTINGS MN 55033 CONDOMINM S 1 $500.00 $500.00 130 196437505136 COLE ALLAR 3000 RIVERWOOD DR #136 3000 RIVERWOOD DR UNIT 136 HASTINGS MN 55033 CONDOMINM S 1 $500.00 $500.00 131 196437505137 CATHERINE A SERY 3000 RIVERWOOD DR #137 3000 RIVERWOOD DR UNIT 137 HASTINGS MN 55033-3448 CONDOMINM S 1 $500.00 $500.00 132 196437505138 KRISTY J SPECHT 3000 RIVERWOOD DR #138 3000 RIVERWOOD DR UNIT 138 HASTINGS MN 55033 CONDOMINM S 1 $500.00 $500.00 133 196437505231 JEFFREY A HEESCH 3000 RIVERWOOD DR #231 3000 RIVERWOOD DR UNIT 231 HASTINGS MN 55033-3449 CONDOMINM S 1 $500.00 $500.00 134 196437505232 BARBARA J TURNBULL 3000 RIVERWOOD DR #232 3000 RIVERWOOD DR UNIT 232 HASTINGS MN 55033-3449 CONDOMINM S 1 $500.00 $500.00 135 196437505233 JESSICA NICHOLE BISTODEAU 3000 RIVERWOOD DR #233 3000 RIVERWOOD DR UNIT 233 HASTINGS MN 55033 CONDOMINM S 1 $500.00 $500.00 136 196437505234 MICHELLE BEADLES 3000 RIVERWOOD DR #234 3000 RIVERWOOD DR UNIT 234 HASTINGS MN 55033 CONDOMINM S 1 $500.00 $500.00 137 196437505235 FELICIA RAWAY 3000 RIVERWOOD DR #235 3000 RIVERWOOD DR UNIT 235 HASTINGS MN 55033 CONDOMINM S 1 $500.00 $500.00 138 196437505236 JONATHAN J & JACLYN G LOOSE 3000 RIVERWOOD DR #236 3000 RIVERWOOD DR UNIT 236 HASTINGS MN 55033 CONDOMINM S 1 $500.00 $500.00 139 196437505237 JOHN D TSTE WESLEY 3000 RIVERWOOD DR #237 3000 RIVERWOOD DR UNIT 237 HASTINGS MN 55033 CONDOMINM S 1 $500.00 $500.00 140 196437505238 LAURENE M ENGSTROM 3000 RIVERWOOD DR #238 3000 RIVERWOOD DR UNIT 238 HASTINGS MN 55033 CONDOMINM S 1 $500.00 $500.00 141 196437505121 DONALD N & DONNA J BUCK 3050 RIVERWOOD DR #121 3050 RIVERWOOD DR UNIT 121 HASTINGS MN 55033-3451 CONDOMINM S 1 $500.00 $500.00 142 196437505122 ZANDRA E CASE 3050 RIVERWOOD DR #122 3050 RIVERWOOD DR UNIT 122 HASTINGS MN 55033-3451 CONDOMINM S 1 $500.00 $500.00 143 196437505123 ALICE L FLOM 3050 RIVERWOOD DR #123 3050 RIVERWOOD DR UNIT 123 HASTINGS MN 55033 CONDOMINM S 1 $500.00 $500.00 144 196437505124 GLEN PRESSNALL 3050 RIVERWOOD DR #124 3050 RIVERWOOD DR UNIT 124 HASTINGS MN 55033-3451 CONDOMINM S 1 $500.00 $500.00 145 196437505125 JOHN G EXLEY 3050 RIVERWOOD DR #125 3050 RIVERWOOD DR UNIT 125 HASTINGS MN 55033 CONDOMINM S 1 $500.00 $500.00 146 196437505126 JACOB DAHL 3050 RIVERWOOD DR #126 3050 RIVERWOOD DRIVE UNIT 126 HASTINGS MN 55033 CONDOMINM S 1 $500.00 $500.00 147 196437505127 TODD S MURTAUGH 3050 RIVERWOOD DR #127 3050 RIVERWOOD DR APT 127 HASTINGS MN 55033 CONDOMINM S 1 $500.00 $500.00 148 196437505128 KATHERINE A WOLD 3050 RIVERWOOD DR #128 3050 RIVERWOOD DR UNIT 128 HASTINGS MN 55033 CONDOMINM S 1 $500.00 $500.00 149 196437505221 JESSICA L SCHWEICH 3050 RIVERWOOD DR #221 3050 RIVERWOOD DRIVE UNIT 221 HASTINGS MN 55033 CONDOMINM S 1 $500.00 $500.00 150 196437505222 JUDITH KITZMANN 3050 RIVERWOOD DR #222 3050 RIVERWOOD DR UNIT 222 HASTINGS MN 55033-3453 CONDOMINM S 1 $500.00 $500.00 151 196437505223 MARY LOU KRUSE 3050 RIVERWOOD DR #223 950 31ST ST W UNIT 201 HASTINGS MN 55033 CONDOMINM S 1 $500.00 $500.00 152 196437505224 NICHOLAS M JUNKER 3050 RIVERWOOD DR #224 3050 RIVERWOOD DR UNIT 224 HASTINGS MN 55033 CONDOMINM S 1 $500.00 $500.00 IX-01 Property No.Parcel ID Owner Joint Owner Site Address Owner Address Owner City/State/Zip Building Type Corner Lot (X=Yes) Lot Frontage Type Short Side Frontage Long Side Frontage Standard Lot Frontage Units (Apartments & Condos) Assessment Rate Total Assessment 153 196437505225 RONALD J BEISSEL 3050 RIVERWOOD DR #225 3050 RIVERWOOD DR UNIT 225 HASTINGS MN 55033-3454 CONDOMINM S 1 $500.00 $500.00 154 196437505226 TARA GASPAR 3050 RIVERWOOD DR #226 3050 RIVERWOOD DR UNIT 226 HASTINGS MN 55033 CONDOMINM S 1 $500.00 $500.00 155 196437505227 JENNIFER DORNIDEN MICHAEL DORNIDEN 3050 RIVERWOOD DR #227 3050 RIVERWOOD DR UNIT 227 HASTINGS MN 55033 CONDOMINM S 1 $500.00 $500.00 156 196437505228 MELISSA A BEISSEL 3050 RIVERWOOD DR #228 3050 RIVERWOOD DR UNIT 228 HASTINGS MN 55033-3454 CONDOMINM S 1 $500.00 $500.00 157 196437503010 ROBIN & LISA LIPINSKI 3085 RIVERWOOD DR 169 SUMMIT POINT DR HASTINGS MN 55033 APARTMENT S 3 $500.00 $1,500.00 158 196437503020 JEFFREY M TRIPP 3095 RIVERWOOD DR 3095 RIVERWOOD DR APT 1 HASTINGS MN 55033 TRIPLEX S 3 $500.00 $1,500.00 159 196437702101 LINDA VENTURA 3100 RIVERWOOD DR #101 3100 RIVERWOOD DR UNIT 101 HASTINGS MN 55033 CONDOMINM S 1 $500.00 $500.00 160 196437702102 MARYCE L CARL 3100 RIVERWOOD DR #102 3100 RIVERWOOD DR UNIT 102 HASTINGS MN 55033 CONDOMINM S 1 $500.00 $500.00 161 196437702103 EUGENIE P HARPER 3100 RIVERWOOD DR #103 3100 RIVERWOOD DR UNIT 103 HASTINGS MN 55033-3455 CONDOMINM S 1 $500.00 $500.00 162 196437702104 PHILIP & JANE LYNCH 3100 RIVERWOOD DR #104 3100 RIVERWOOD DR UNIT 104 HASTINGS MN 55033 CONDOMINM S 1 $500.00 $500.00 163 196437702201 JERRY D NYSTROM MICHAEL G HOSNER 3100 RIVERWOOD DR #201 3100 RIVERWOOD DR UNIT 201 HASTINGS MN 55033 CONDOMINM S 1 $500.00 $500.00 164 196437702202 GEORGE BEATTY 3100 RIVERWOOD DR #202 3100 RIVERWOOD DR UNIT 202 HASTINGS MN 55033 CONDOMINM S 1 $500.00 $500.00 165 196437702203 MICHAEL R & JOYCE A RECER TIMOTHY P RECER 3100 RIVERWOOD DR #203 3100 RIVERWOOD DR UNIT 203 HASTINGS MN 55033-3456 CONDOMINM S 1 $500.00 $500.00 166 196437702204 TONY L NOLEN SUSAN M NOLEN 3100 RIVERWOOD DR #204 3100 RIVERWOOD DR UNIT 204 HASTINGS MN 55033 CONDOMINM S 1 $500.00 $500.00 167 196437603090 MICHAEL J & KAREN A SMILEY 3110 RIVERWOOD DR 3110 RIVERWOOD DR HASTINGS MN 55033-3426 S.FAM.RES S 69 $75.00 $5,175.00 168 196437603010 TODD M & SHERRY L SPAETH 3110 TEAL CT 3110 TEAL CT HASTINGS MN 55033-3414 S.FAM.RES I 62 $75.00 $4,650.00 169 196437606010 FRANK SAGER 3111 RIVERWOOD DR 3111 RIVERWOOD DR HASTINGS MN 55033 S.FAM.RES I 70 $75.00 $5,250.00 170 196437603080 EUGENE R & MARCIA N BURT 3120 RIVERWOOD DR 3120 RIVERWOOD DR HASTINGS MN 55033-3426 S.FAM.RES S 73 $75.00 $5,475.00 171 196437602070 MARSHALL JR & OLIVIA FREEMAN 3120 TEAL CT 3120 TEAL CT HASTINGS MN 55033 S.FAM.RES I 64 $75.00 $4,800.00 172 196437606020 SHELLY A BALLARD 3121 RIVERWOOD DR 3121 RIVERWOOD DR HASTINGS MN 55033-3425 S.FAM.RES I 59 $75.00 $4,425.00 173 196437603020 RYAN & AMANDA KARL 3121 TEAL CT 3121 TEAL CT HASTINGS MN 55033 S.FAM.RES I 64 $75.00 $4,800.00 174 196437505111 DIANE C WEISS 3125 VILLAGE TRL #111 12272 131ST STREET CIR S HASTINGS MN 55033 CONDOMINM S 1 $500.00 $500.00 175 196437505112 EDWIN J BEISSEL 3125 VILLAGE TRL #112 3125 VILLAGE TRL UNIT 112 HASTINGS MN 55033-3436 CONDOMINM S 1 $500.00 $500.00 176 196437505113 ROSE GODLEWSKI 3125 VILLAGE TRL #113 3125 VILLAGE TRL UNIT 113 HASTINGS MN 55033 CONDOMINM S 1 $500.00 $500.00 177 196437505114 PATTI M CISEWSKI 3125 VILLAGE TRL #114 3125 VILLAGE TRL UNIT 114 HASTINGS MN 55033 CONDOMINM S 1 $500.00 $500.00 178 196437505115 JEAN R MILLER 3125 VILLAGE TRL #115 3125 VILLAGE TRL UNIT 115 HASTINGS MN 55033 CONDOMINM S 1 $500.00 $500.00 179 196437505116 JEAN I PEINE 3125 VILLAGE TRL #116 3125 VILLAGE TRL UNIT 116 HASTINGS MN 55033-3442 CONDOMINM S 1 $500.00 $500.00 180 196437505117 MICHAEL J & BARBARA N MUNSON 3125 VILLAGE TRL #117 3125 VILLAGE TRL UNIT 117 HASTINGS MN 55033 CONDOMINM S 1 $500.00 $500.00 181 196437505118 JANET R SHANNON 3125 VILLAGE TRL #118 3125 VILLAGE TRL UNIT 118 HASTINGS MN 55033-3442 CONDOMINM S 1 $500.00 $500.00 182 196437505211 RICHARD C CARR 3125 VILLAGE TRL #211 3125 VILLAGE TRL UNIT 211 HASTINGS MN 55033 CONDOMINM S 1 $500.00 $500.00 183 196437505212 ROBERT SCHLINTZ 3125 VILLAGE TRL #212 3125 VILLAGE TRL UNIT 212 HASTINGS MN 55033 CONDOMINM S 1 $500.00 $500.00 184 196437505213 MARIA LOZANO 3125 VILLAGE TRL #213 3125 VILLAGE TRL UNIT 213 HASTINGS MN 55033-3470 CONDOMINM S 1 $500.00 $500.00 185 196437505214 CAROLYN B LIEN 3125 VILLAGE TRL #214 3125 VILLAGE TRL UNIT 214 HASTINGS MN 55033-3443 CONDOMINM S 1 $500.00 $500.00 186 196437505215 JOHNNY R STOCKER 3125 VILLAGE TRL #215 3125 VILLAGE TRL APT 215 HASTINGS MN 55033 CONDOMINM S 1 $500.00 $500.00 187 196437505216 JOSHUA CUMMINGS 3125 VILLAGE TRL #216 3125 VILLAGE TRL UNIT 216 HASTINGS MN 55033 CONDOMINM S 1 $500.00 $500.00 188 196437505217 JESSICA MARIE JORGENSON 3125 VILLAGE TRL #217 3125 VILLAGE TRL UNIT 217 HASTINGS MN 55033 CONDOMINM S 1 $500.00 $500.00 189 196437505218 DAVID P ANDERSON 3125 VILLAGE TRL #218 3125 VILLAGE TRL UNIT 218 HASTINGS MN 55033-3444 CONDOMINM S 1 $500.00 $500.00 190 196437602060 MICHAEL D LUSIAN JESSICA M PECHACEK 3130 TEAL CT 3130 TEAL CT HASTINGS MN 55033 S.FAM.RES I 64 $75.00 $4,800.00 191 196437606030 JENNIFER PALMER JAMES PALMER 3131 RIVERWOOD DR 3131 RIVERWOOD DR HASTINGS MN 55033 S.FAM.RES I 59 $75.00 $4,425.00 192 196437603030 RANDALL F BACHMAN BRANDIE NELSON 3131 TEAL CT 3131 TEAL CT HASTINGS MN 55033 S.FAM.RES I 62 $75.00 $4,650.00 193 196437602050 MARK A HALFEN 3140 TEAL CT 3140 TEAL CT HASTINGS MN 55033 S.FAM.RES I 62 $75.00 $4,650.00 194 196437606040 JOSEPH & HELENA WAYSIEH JALLAH 3141 RIVERWOOD DR 3141 RIVERWOOD DR HASTINGS MN 55033 S.FAM.RES I 56 $75.00 $4,200.00 195 196437603040 MARJORIE G PERRAULT 3141 TEAL CT 3141 TEAL CT HASTINGS MN 55033 S.FAM.RES I 62 $75.00 $4,650.00 196 196437602040 THOMAS CRANDALL MEGHAN CRANDALL 3150 TEAL CT 3150 TEAL CT HASTINGS MN 55033 S.FAM.RES X CBS 63 137 $75.00 $7,293.75 197 196437606050 RITA H WINKLER BRIAN K WINKLER 3151 RIVERWOOD DR 3151 RIVERWOOD DR HASTINGS MN 55033 S.FAM.RES I 56 $75.00 $4,200.00 198 196437603050 SUSAN M BEISSEL ANDREW BEISSEL 3151 TEAL CT 3151 TEAL CT HASTINGS MN 55033-3414 S.FAM.RES X CBS 64 120 $75.00 $7,050.00 199 196437606060 TROY A RUDIGER 3161 RIVERWOOD DR 3161 RIVERWOOD DR HASTINGS MN 55033 S.FAM.RES S 56 $75.00 $4,200.00 200 196437606070 MERLYN J & JILL K BEHNKE 3171 RIVERWOOD DR 3171 RIVERWOOD DR HASTINGS MN 55033-3425 S.FAM.RES S 77 $75.00 $5,775.00 201 196437505101 CYNTHIA E SCHAFFER 3175 VILLAGE TRL #101 3175 VILLAGE TRL UNIT 101 HASTINGS MN 55033-3433 CONDOMINM S 1 $500.00 $500.00 202 196437505102 KEVIN R HANSEN 3175 VILLAGE TRL #102 3175 VILLAGE TRL UNIT 102 HASTINGS MN 55033 CONDOMINM S 1 $500.00 $500.00 203 196437505103 HELEN L TSTE OKESON 3175 VILLAGE TRL #103 3175 VILLAGE TRL UNIT 103 HASTINGS MN 55033-3433 CONDOMINM S 1 $500.00 $500.00 204 196437505104 JENNIFER M SMITH 3175 VILLAGE TRL #104 3175 VILLAGE TRL UNIT 104 HASTINGS MN 55033-3433 CONDOMINM S 1 $500.00 $500.00 205 196437505105 JEFFERY MOLITOR 3175 VILLAGE TRL #105 3175 VILLAGE TRL UNIT 105 HASTINGS MN 55033 CONDOMINM S 1 $500.00 $500.00 IX-01 Property No.Parcel ID Owner Joint Owner Site Address Owner Address Owner City/State/Zip Building Type Corner Lot (X=Yes) Lot Frontage Type Short Side Frontage Long Side Frontage Standard Lot Frontage Units (Apartments & Condos) Assessment Rate Total Assessment 206 196437505106 JAMES LINDQUIST 3175 VILLAGE TRL #106 3175 VILLAGE TRL UNIT 106 HASTINGS MN 55033 CONDOMINM S 1 $500.00 $500.00 207 196437505107 WESLEY & CURTIS SNEDDEKER JOANNE SNEDDEKER 3175 VILLAGE TRL #107 3175 VILLAGE TRL UNIT 107 HASTINGS MN 55033 CONDOMINM S 1 $500.00 $500.00 208 196437505108 SANDY L FUCHS 3175 VILLAGE TRL #108 3175 VILLAGE TRL UNIT 108 HASTINGS MN 55033 CONDOMINM S 1 $500.00 $500.00 209 196437505201 SHIRLEY A BECKER 3175 VILLAGE TRL #201 3175 VILLAGE TRL UNIT 201 HASTINGS MN 55033-3471 CONDOMINM S 1 $500.00 $500.00 210 196437505202 RAMIE M CHACKAN 3175 VILLAGE TRL #202 3175 VILLAGE TRL UNIT 202 HASTINGS MN 55033 CONDOMINM S 1 $500.00 $500.00 211 196437505203 CYNTHIA A TROSSEN 3175 VILLAGE TRL #203 3175 VILLAGE TRL UNIT 203 HASTINGS MN 55033 CONDOMINM S 1 $500.00 $500.00 212 196437505204 THERESA D KIMMES 3175 VILLAGE TRL #204 3175 VILLAGE TRL UNIT 204 HASTINGS MN 55033-3432 CONDOMINM S 1 $500.00 $500.00 213 196437505205 RICKY L & MARY E BROWN 3175 VILLAGE TRL #205 3175 VILLAGE TRL UNIT 205 HASTINGS MN 55033-3435 CONDOMINM S 1 $500.00 $500.00 214 196437505206 ADAM S WILLIAMS 3175 VILLAGE TRL #206 3175 VILLAGE TRL UNIT 206 HASTINGS MN 55033 CONDOMINM S 1 $500.00 $500.00 215 196437505207 CHRISTOPHER GLENN MONSON 3175 VILLAGE TRL #207 3175 VILLAGE TRL UNIT 207 HASTINGS MN 55033 CONDOMINM S 1 $500.00 $500.00 216 196437505208 MARIE M TREJO 3175 VILLAGE TRL #208 3175 VILLAGE TRL UNIT 208 HASTINGS MN 55033-3435 CONDOMINM S 1 $500.00 $500.00 217 196437901032 THOMAS KANE 3182 VILLAGE TRL 3194 VILLAGE TRL HASTINGS MN 55033 TWIN HOME I 65 $45.00 $2,925.00 218 196438501010 ARTHUR C MCNAMARA 3183 RIVERWOOD DR 3183 RIVERWOOD DR HASTINGS MN 55033 TOWNHOUSE S 40 $45.00 $1,800.00 219 196438501020 JANICE CHEETAM 3193 RIVERWOOD DR 3193 RIVERWOOD DR HASTINGS MN 55033 TOWNHOUSE S 40 $45.00 $1,800.00 220 196437901033 THOMAS KANE 3194 VILLAGE TRL 3194 VILLAGE TRL HASTINGS MN 55033 TWIN HOME S 40 $45.00 $1,800.00 221 196438501030 SUSAN L HAMES 3203 RIVERWOOD DR 3203 RIVERWOOD DR HASTINGS MN 55033-3459 TOWNHOUSE S 40 $45.00 $1,800.00 222 196438501040 TERRANCE J & RENEE R HARTMAN 3213 RIVERWOOD DR 3213 RIVERWOOD DR HASTINGS MN 55033 TOWNHOUSE S 40 $45.00 $1,800.00 223 196438501050 TMR INCOME TRUST 3223 RIVERWOOD DR 11120 MAYWOOD RD W DEERBROOK WI 54421 TOWNHOUSE S 41 $45.00 $1,845.00 224 196438501060 JON M CLOUTIER 3233 RIVERWOOD DR 3233 RIVERWOOD DR HASTINGS MN 55033-3459 TOWNHOUSE S 40 $45.00 $1,800.00 225 196438501070 PHILLIP L TAYLOR 3243 RIVERWOOD DR 3243 RIVERWOOD DR HASTINGS MN 55033 TOWNHOUSE S 40 $45.00 $1,800.00 226 196438501080 WILLIAM J MCNAMARA 3253 RIVERWOOD DR 3253 RIVERWOOD DR HASTINGS MN 55033 TOWNHOUSE S 40 $45.00 $1,800.00 227 196437900100 CITY OF HASTINGS 3300 RIVERWOOD DR 101 4TH ST E HASTINGS MN 55033-1944 PARK S 1341 $75.00 $100,575.00 228 196438101070 MARISSA EUBANK PHILIP SPOCK 3504 VILLAGE WAY 3504 VILLAGE WAY HASTINGS MN 55033 S.FAM.RES X CLS 125 $75.00 $2,343.75 229 196438102030 JOSHUA D & NATANA L KRAMER 3505 VILLAGE WAY 3505 VILLAGE WAY HASTINGS MN 55033 S.FAM.RES X CLS 117 $75.00 $2,193.75 230 196439002010 SHERRY A LITZ 3533 VILLAGE TRL 3533 VILLAGE TRL HASTINGS MN 55033 S.FAM.RES S 58 $75.00 $4,350.00 231 196439002020 BRYAN & SHANNON PAPENFUSS 3539 VILLAGE TRL 3539 VILLAGE TRL HASTINGS MN 55033 S.FAM.RES S 45 $75.00 $3,375.00 232 196439002030 RICHARD O & JERI L LYONS 3543 VILLAGE TRL 3543 VILLAGE TRL HASTINGS MN 55033 S.FAM.RES S 52 $75.00 $3,900.00 233 196439002040 DUSTIN D MCCRAE 3551 VILLAGE TRL 3551 VILLAGE TRL HASTINGS MN 55033 S.FAM.RES S 52 $75.00 $3,900.00 234 196439002050 RYAN T & MEGHAN A RUARK 3557 VILLAGE TRL 3557 VILLAGE TRL HASTINGS MN 55033 S.FAM.RES S 52 $75.00 $3,900.00 235 196439002060 MARTIN & MADELINE BENADIE 3563 VILLAGE TRL 3563 VILLAGE TRL HASTINGS MN 55033 S.FAM.RES S 52 $75.00 $3,900.00 236 196438102040 JOSHUA LEE PISTER 3566 VILLAGE TRL 3566 VILLAGE TRL HASTINGS MN 55033 S.FAM.RES S 68 $75.00 $5,100.00 237 196439002070 JOSHUA & JENNIFER BOURGOIN 3569 VILLAGE TRL 3569 VILLAGE TRL HASTINGS MN 55033 S.FAM.RES X CSS - I 66 $75.00 $4,950.00 238 196438102050 DANIEL WIETECHA 3578 VILLAGE TRL 3578 VILLAGE TRL HASTINGS MN 55033 S.FAM.RES S 66 $75.00 $4,950.00 239 196438102060 TIMOTHY J & VICTORIA KNOBLACH 3594 VILLAGE TRL 3594 VILLAGE TRL HASTINGS MN 55033 S.FAM.RES X CSS 75 $75.00 $5,625.00 1211 2450 9094 91 $814,662.50 Assessment Rates per FF S $75.00 City Assesments CLS $45.00 Private Assesments CSS $500.00 CBS $121,575.00 $693,087.50 Reclaim - Single Family Reclaim - Townhomes/Twinhomes/Triplex Reclaim - Apartments/Condos Totals Assessment Rates Property Types Total Amount Assessed Total Apt/Condo Units AssessedAssessment Policy Key Lot Frontage Type 100% of Short Side + 25% of Long Side Assessment Formula 100% of Frontage 25% of Frontage 100% of Frontage Standard (rectangular more/less) Corner - Work on Long Side Only Corner - Work on Short Side Only Corner - Work on Both Sides IX-01 City Council Memorandum To: Mayor Fasbender & City Council Members From: John Caven Date: March 29, 2022 Item: Award of Contract – 2022 Mill & Overlay Program Council Action Requested: The council is requested to award the contract for the 2022 Mill & Overlay Program to the lowest responsible bidder, Minnesota Paving & Materials, in the amount of $452,751.93. This project will provide a renewed pavement surface on 4th Street from Prairie Street to Highway 61, River Street from CSAH 42 to 4th Street, 15th Street from General Sieben Drive to west end, Seton Court, Steeple Lane from General Sieben Drive to O’Connell Drive, upgrade 21 pedestrian ramps to ADA standards, and provide 13 concrete sidewalk improvements identified within our ADA Sidewalk Transition Plan. Background Information: Five bids were received and opened for the 2022 Mill & Overlay Program on Thursday, March 24, 2022. The substantial completion date for the project is June 24, 2022. Bidder Amount Minnesota Paving & Materials $452,751.93 Bituminous Roadways $473,920.59 McNamara Contracting Park Construction Northwest $479,151.54 $485,844.18 $522,461.27 Financial Impact: The State Aid street portion of the 2022 Mill & Overlay Program is paid by State Aid funding up to $250,000, the local residential non-State Aid streets will be paid by Mill and Overlay up to $225,000, and the ADA sidewalk improvements will be paid by Repair and Maintenance up to $25,000. The low bid, submitted by Minnesota Paving & Materials, saw a 32% increase in bituminous pricing compared with last year’s bid. These price increases were anticipated in the Engineers Estimate so the the project still tracks within the overall 2022 Budget. The estimated construction costs for the State Aid portion is $249,000, non-State Aid portion is $192,000, and $12,000 for ADA sidewalk improvements. Attachments:  Resolution  Project Map IX-02 CITY OF HASTINGS DAKOTA COUNTY, MINNESOTA Resolution No. _____ RESOLUTION AWARDING CONTRACT FOR 2022 MILL & OVERLAY PROGRAM WHEREAS, pursuant to an advertisement for bids for 2022 Mill & Overlay Program, bids were opened on March 24, 2022 and tabulated according to law, and the following bids were received: Bidder Amount Minnesota Paving & Materials Bituminous Roadways McNamara Contracting Park Construction Northwest $452,751.93 $473,920.59 $479,151.54 $485,844.18 $522,461.27 WHEREAS, Minnesota Paving & Materials is the lowest bidder, and WHEREAS, Minnesota Paving & Materials has been determined to be qualified for the contract; NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HASTINGS AS FOLLOWS; 1) The Mayor and City Clerk are hereby authorized and directed to enter into a contract for the 2022 Mill & Overlay Program with Minnesota Paving & Materials in the amount of $452,751.93 ADOPTED BY THE CITY COUNCIL OF HASTINGS, MINNESOTA, THIS 4TH DAY OF APRIL, 2022. Ayes: Nays: ATTEST: Mary Fasbender, Mayor Kelly Murtaugh, City Clerk (Seal) IX-02 4th St: Prairie St to Hwy 61 15th St: West End to General Sieben Dr River St: CSAH 42 to 4th St Seton Ct: 15th St through Cul-de-sac Steeple Ln: O'Connell Dr to General Sieben Dr 2022 Mill & Overlay Program HWY 55 15TH ST µ PR A I R I E S T 4TH ST PL E A S A N T D R GE N E R A L S I E B E N D R PI N E S T HW Y 6 1 RI V E R S T HWY 55 CSAH 42 / 2ND ST STEEPLE LN IX-02 City Council Memorandum To: Mayor Fasbender & City Councilmembers From: Kelly Murtaugh Date: April 4, 2022 Item: Second Reading to Adopt Amendment to City Charter to Redraw Ward/Precinct Boundaries Council Action Requested: Conduct the public hearing and approve the second reading of the ordinance amendment relating to amending City Charter Section 1.03—Ward Boundaries. Background Information: The City Council approved a draft map and the first reading of the ordinance language related to redrawn ward/precinct boundaries on March 7, 2022. This information has been published in accordance with our ordinance amendment process. The information has been placed on the website, Facebook and City Hall Posting Board. No comments regarding the proposed changes have been received by staff. Financial Impact: None Advisory Commission Discussion: Charter Commission has recommended the proposed changes to the ward boundaries. Council Committee Discussion: N/A Attachments: • Charter amendment proposal • Map of ward/precinct boundary changes IX-03 2nd Reading CITY OF HASTINGS, MINNESOTA ORDINANCE NO. 2022- , THIRD SERIES A Charter Ordinance of the City of Hastings Amending Precinct and Ward Boundaries BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HASTINGS: HASTINGS CITY CHARTER CHAPTER 1, SECTION 1.03 IS AMENDED BY ADDING THE FOLLOWING: SECTION 1.03 WARD BOUNDARIES. The City is, and shall be divided into four (4) wards. The boundaries of said wards shall be as follows, until changed pursuant to this charter, or by operation of law. Ward 1 Ward 1shall consist of the area within the city limits beginning at the Washington – Dakota County line on the Mississippi River; then proceeding south along the railroad tracks within a 40-foot wide right-of- way of the Chicago, Milwaukee, St. Paul & Pacific Railroad Company per R.O.W and Track Map (V. Minn. 14A, S-28) to 2nd Street East; proceeding west along 2nd Street to Sibley Street; proceeding south on Sibley Street to 8th Street East; proceeding to Ramsey Street south to 10th Street East; proceeding west on 10th Street to Vermillion Street/Trunk Highway 61 to 21st Street East; proceeding east on 21st to Commerce Drive; proceeding south on Commerce Drive to its intersection with Spiral Boulevard; proceeding west on Spiral Boulevard to its intersection with Highway 316/Red Wing Boulevard; proceed south along Highway 316/Red Wing Boulevard; proceed West on Tiffany Drive to Cari Park Lane and south on the east portion of Tiffany Drive to 36th Street East; proceeding west to Vermillion Street/Trunk Highway 61; proceeding south on Vermillion Street/Trunk Highway 61; as bounded on the west side of Ward 4; bounded on the south by the south boundary of the city limits; and bounded on the east by the east boundary of the city limits; encompassing all within the city limits. That the boundaries of Ward 1, Precinct 1 shall consist of the area within the city limits beginning at the Washington – Dakota County line on the Mississippi River; then proceeding south along the railroad tracks within a 40-foot wide right-of-way of the Chicago, Milwaukee, St. Paul & Pacific Railroad Company per R.O.W and Track Map (V. Minn. 14A, S-28) to 2nd Street East; proceeding west along 2nd Street to Sibley Street; proceeding south on Sibley Street to 8th Street East; proceeding to Ramsey Street south to 10th Street East; proceeding west on 10th Street to Vermillion Street/Trunk Highway 61 south to 21st Street East; proceeding east on 21st Street to Commerce Drive; proceeding south on Commerce Drive to its intersection with Spiral Boulevard; proceeding east on Spiral Boulevard and terminating at the east boundary of the city limits; and bounded on the east by the east boundary of the city limits. That the boundaries of Ward 1, Precinct 2 shall consist of the area within the city limits bounded on the north by the south boundary of Ward 1, Precinct 1 described above; bounded on the west by a line beginning at the intersection of Highway 316/Red Wing Boulevard and Spiral Boulevard, proceeding south on Highway 316/Red Wing Boulevard to the intersection with Tiffany Drive, proceeding west and south on Tiffany Drive to the intersection with Cari Park Lane, proceeding west along Cari Park Lane to the intersection with Tiffany Drive, proceeding south on Tiffany Drive to the intersection with 36th Street East, proceeding west along 36th Street East to the intersection with Highway 61/Vermillion Street, and IX-03 then proceeding south along Highway 61/Vermillion Street and terminating at the south boundary of the city limits; bounded on the south by the south boundary of the city limits; and bounded on the east by the east boundary of the city limits. Ward 2 Ward 2 shall consist of the area within the city limits lying east of a line beginning at the intersection of the north boundary of the city in Denmark township, Washington County, and the Washington – Dakota County line on the Mississippi River, , then proceeding south along the railroad tracks within a 40-foot wide right-of-way of the Chicago, Milwaukee, St. Paul & Pacific Railroad Company per R.O.W and Track Map (V. Minn. 14A, S-28) to 2nd Street East; proceeding west along 2nd Street to Sibley Street; proceeding south on Sibley Street to 8th Street East; proceeding to Ramsey Street south to 10th Street East; proceeding west on 10th Street East to Vermillion Street/Trunk Highway 61to 14th Street West; and lying north of a line along 14th Street West from Vermillion Street/Trunk Highway 61 to Lyn Way; then proceeding north on Lyn Way to South Frontage Road; then proceeding east on South Frontage Road to Trunk Highway 55; then proceeding west on Trunk Highway 55 to the west boundary of the city limits. That the boundaries of Ward 2, Precinct 1 shall consist of the area within the city limits lying east and north of a line beginning at the intersection of the north boundary of the city in Denmark Township, Washington County, and the Washington – Dakota County line on the Mississippi River, then proceeding downstream on the Washington – Dakota County line on the Mississippi River to the intersection with Trunk Highway 61 and then continuing east downstream on the Washington – Dakota County line on the Mississippi River and terminating at the east boundary of the city limits. That the boundaries of Ward 2, Precinct 2 shall consist of the area within the city limits bounded on the west by the west boundary of the city limits; bounded on the south by Trunk Highway 55 beginning at its intersection with the west boundary of the city limits and continuing east along Trunk Highway 55 and terminating at the intersection with Prairie Street; bounded on the east by a line beginning at the intersection of Trunk Highway 55 and Prairie Street, then proceeding north on Prairie Street, then west on 7th Street West, then north on State Street and terminating at the intersection of State Street and Nininger Road; and bounded on the north by a line beginning at the intersection of State Street and Nininger Road, continuing northwest along Nininger Road and terminating at the west boundary of the city limits. That the boundaries of Ward 2, Precinct 3 shall consist of the area within the city limits bounded on the north and east by a line beginning at the intersection of the north boundary of the city in Denmark Township, Washington County, and the Washington – Dakota County line on the Mississippi River, then proceeding downstream on the Washington – Dakota County line on the Mississippi River; then proceeding south along the railroad tracks within a 40-foot wide right-of-way of the Chicago, Milwaukee, St. Paul & Pacific Railroad Company per R.O.W and Track Map (V. Minn. 14A, S-28) to 2nd Street East; proceeding west along 2nd Street to Sibley Street; proceeding south on Sibley Street to 8th Street East; proceeding to Ramsey Street south to 10th Street East; proceeding west on 10th Street East intersection with Vermillion Street/Trunk Highway 61,then continuing south on Vermillion Street/Trunk Highway 61 to 14th Street West and there terminating; bounded on the south by 14th Street West from Vermillion Street/Trunk Highway 61 West to Lyn Way; bounded on the west by a line beginning at the intersection with 14th Street West and Lyn Way, continuing north on Lyn Way to South Frontage Road, then proceeding east on South Frontage Road to Trunk Highway 55, then continuing north and west along the east boundary of Ward 2, Precinct 2, described above, to the west boundary of the city limits, and continuing north along the west boundary of the city limits to the northernmost point of the city limits and there terminating. IX-03 Ward 3 Ward 3 shall be bounded on the north by the south boundary line of Ward 2 described above; on the west by the west boundary of the city limits on the south by a line along 15th Street West from the west city limits east to Westview Drive; then proceeding south on Westview Drive to Southview Drive; then proceeding west on Southview Drive to Pleasant Drive; then proceeding east along the Vermillion River to County Road 47/Vermillion Road; then proceeding east on County Road 47/Vermillion Road to Trunk Highway 61/Vermillion Street; then proceeding north on Trunk Highway 61/Vermillion Street to the south boundary of Ward 2 as described above. That the boundaries of Ward 3, Precinct 1 shall consist of the area within the city limits bounded on the north by the south boundary of Ward 2, Precinct 1, described above; bounded on the east by a line beginning at the intersection of 15th Street West and Lyn Way, continuing north on Lyn Way to South Frontage Road, then proceeding east on South Frontage Road to Trunk Highway 55 and there terminating; bounded on the south by 15th Street West from Lyn Way west to the west boundary of the city limits; and bounded on the west by the west boundary of the city limits. That the boundaries of Ward 3, Precinct 2 shall consist of the area within the city limits bounded on the north by a line beginning at the intersection of Westview Drive and 15th Street West, continuing east on 15th Street West to the intersection with Lyn Way, continuing north on Lyn way to the intersection with 14th Street West, continuing east on 14th Street West to Vermillion Street/Trunk Highway 61 and there terminating; bounded on the east by Vermillion Street/Trunk Highway 61 from 14th Street West south to County Highway 47/Vermillion Road; and bounded on the west and the south by a line beginning at the intersection of 15th Street West and Westview Drive, proceeding south on Westview Drive to the intersection with Southview Drive, then proceeding west on Southview Drive to Pleasant Drive; then proceeding south on Pleasant Drive to the Vermillion River and continuing east along the Vermillion River to County Highway 47/Vermillion Road; then proceeding east on County Highway 47/Vermillion Road to Trunk Highway 61/Vermillion Street and there terminating. Ward 4 Ward 4 shall be bounded on the north by the south boundary of Ward 3 as described above; on the west by the west boundary of the city limits; to the south by the south boundary of the city limits, encompassing the area lying within the city limits lying south of County Highway 47, proceeding to the east along the south boundary of the city limits to Highway 61/Vermillion Street; and on the east by a line beginning at the intersection of the south boundary of the city limits and Highway 61/Vermillion Street, then proceeding north on Highway 61/Vermillion Street to 36th Street East; proceeding east along 36th Street East to the east intersection with Tiffany Drive and then proceeding north along Tiffany Drive to Cari Park Lane; then proceeding east along Cari Park Lane to Tiffany Drive; then proceeding east along Tiffany Drive to Highway 316/Red Wing Boulevard to Spiral Boulevard; proceeding east along Spiral Boulevard to Commerce Drive; then proceeding north on Commerce Drive to 21st Street East to the intersection of Highway 316/Redwing Boulevard; and then proceeding north and west along Highway 316/Red Wing Boulevard, being the west boundary of Ward 1 as described above, and terminating at the southeast boundary of Ward 3. That the boundaries of Ward 4, Precinct 1 shall consist of the area within the city limits lying within the following described boundary: beginning at the intersection of 15th Street West and the west boundary of the city limits, the point of beginning, then proceeding east on 15th Street West to Westview Drive, then IX-03 proceeding south on Westview Drive to the intersection with Southview Drive, then proceeding west on Southview Drive to Pleasant Drive; then proceeding south on Pleasant Drive to the Vermillion River and continuing east along the Vermillion River to County Highway 47/Vermillion Road; then proceeding west on County Highway 47/Vermillion Road to the intersection with Riverwood Drive, then proceeding south on Riverwood Drive to Woodland Drive, then east on Woodland Drive to South Pointe Drive, then south on South Pointe Drive to 36th Street West, the west on 36th Street West to Village Way, then north and then east on Village Way to Village Trail, then north on Village Trail to Vista Drive, then west on Vista Drive to the west boundary of the city limits, then north and west along the boundary of the city limits to the point of beginning. That the boundaries of Ward 4, Precinct 2 shall consist of the area within the city limits lying within the following described boundary: beginning at the intersection of Highway 61/Vermillion Street and County Highway 47/Vermillion Road, the point of beginning, then proceeding west on County Highway 47/Vermillion Road to the intersection with Riverwood Drive, then proceeding south on Riverwood Drive to Woodland Drive then east on Woodland Drive to South Pointe Drive, then south on South Pointe Drive to 36th Street West, then west on 36th Street, then west on 36th Street West to Village Way, then north and then east on Village Way to Village Trail, then north on Village Trail to Vista Drive, then west on Vista Drive to the west boundary of the city limits, then south on the west boundary of the city limits to the south boundary of the city limits, then proceeding east along the south boundary of the city limits to the intersection with Highway 61/Vermillion Street, then north on Highway 61/Vermillion Street to 36th Street East; proceeding east along 36th Street East to the east intersection with Tiffany Drive and then proceeding north along Tiffany Drive to Cari Park Lane; then proceeding east along Cari Park Lane to Tiffany Drive; then proceeding east along Tiffany Drive to Highway 316/Red Wing Boulevard to Spiral Boulevard; proceeding east along Spiral Boulevard to Commerce Drive; then proceeding north on Commerce Drive to 21st Street East to the intersection of Highway 316/Redwing Boulevard; and then proceeding north and west along Highway 316/Red Wing Boulevard, being the west boundary of Ward 1, to the point of beginning. This Ordinance shall be effective 90 days after publication. Council member _____________________ moved a second to this Ordinance, and upon being put to a vote it was adopted by a majority of all Council members present. Adopted by the Hastings City Council on this 4th day of April, 2022, by the following vote: Ayes Nays: Absent: CITY OF HASTINGS Mary D. Fasbender, Mayor ATTEST: ___________________________________ Kelly Murtaugh City Clerk IX-03 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 ____ day of ________, 2022, as disclosed by the records of the City of Hastings on file and of record in the office. City Clerk IX-03 Ward 1, Precinct 1 Ward 2, Precinct 3 Ward 4, Precinct 1 Ward 4, Precinct 2 Ward 1, Precinct 2 Ward 3, Precinct 2 Ward 2, Precinct 2 Ward 3, Precinct 1 Ward 2, Precinct 1 HWY 55 10TH ST E 2ND ST W 15TH ST W C R 4 7 P L E A S A N T D R P I N E S T H W Y 316 H W Y 6 1 City of Hastings Ward and Precinct Map IX-03 City Council Memorandum To: Mayor Fasbender & City Councilmembers From: Ryan Stempski, Public Works Director/City Engineer Date: March 30, 2022 Item: 2nd Reading & Adoption: City Code Amendment – Chapter 51.05 G – Water Conservation Council Action Requested: Consider 2nd Reading and ordinance adoption of the attached amendment to Hastings City Code Chapter 51.05 G pertaining to water conservation. City Council considered 1st Reading at the March 21, 2021 Council Meeting. Approval requires a simple majority of the City Council. Background: In response to drought conditions in 2021, the City Council declared temporary limitations on exterior water usage on July 21, 2021. One of those limitations included time of day restrictions on lawn sprinkling systems. Best practices and guidance for lawn watering is to avoid watering in the heat of the day. This is when evaporation tends to steal a lot of water and lawn sprinkling becomes inefficient. Therefore, it is recommended to enact time of day restrictions in perpetuity to manage the water supply system. Ordinance Provisions: To ensure adequate water supply during hot summer months, the City of Hastings has an odd-even day lawn sprinkling policy from May 15 to September 1 of each year and is recommending an Ordinance amendment to also prohibit watering between the hours of 11 am to 5 pm during this ban each year. The exemption from the odd/even sprinkling ban for newly planted sod, grass or landscaping has been extended from 1 week to 2 weeks. Financial Impact: N/A Council Committee Discussion: N\A Attachments:  Draft Ordinance Amendment X-A-01 CITY OF HASTINGS, MINNESOTA ORDINANCE NO. 2021-___ An Ordinance of the City of Hastings Amending City Code Chapter 51.05 G: Water Conservation BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HASTINGS: SECTION 1. HASTINGS CITY CODE CHAPTER 51.05 G IS AMENDED AS FOLLOWS (new language is underlined, strikethrough language is deleted): G. Water Conservation. 1. Lawn sprinkling. It is unlawful for the owner or occupant of any property to sprinkle a lawn, wash a motor vehicle or to accomplish any non-essential use not involving private or public sanitation or health when the same is prohibited in accordance herewith. 2. Water emergency. After 24-hours’ notice following broadcast by local radio stations, or immediately after hand-delivered special notice that a water emergency exists, it is unlawful for the owner or occupant of any property to use water for sprinkling a lawn, washing a motor vehicle, or any other non-essential use not involving private or public sanitation or health. The water emergency shall continue until further notice by local radio station or newspaper. 3. Ban. a. Dates. From May 15 to September 1 of each year, an odd/even lawn sprinkling ban shall be in effect for all lawn sprinkling systems supplied by water from the City of Hastings water utility. Properties with even numbered addresses may sprinkle lawns only on days with even numbered dates. Properties with odd numbered addresses may sprinkle only on days with odd numbered dates. The utility billing address will establish the permitted odd or even day for sprinkling for homeowners’ associations with both odd and even residences. b. Hours. During the odd/even days when properties are authorized to use lawn sprinkling systems under 51.05.G.3.a. above, it shall be prohibited to water between the hours of 11 a.m. to 5 p.m. 3.4. Exemption. A 12-week exemption from the odd/even sprinkling ban may be granted for newly planted sod, grass or landscaping upon registering for the exemption and recommendation of the Hastings Utility Department. Other exemptions may be granted upon evaluation and recommendation of the Hastings Utility Superintendent. The utility billing address will establish the permitted odd or even day for sprinkling for homeowners associations with both odd and even residences. X-A-01 SECTION 2. SUMMARY PUBLICATION. Pursuant to Minnesota Statutes Section 412.191, in the case of a lengthy ordinance, a summary may be published. While a copy of the entire ordinance is available without cost at the office of the City Clerk, the following summary is approved by the City Council and shall be published in lieu of publishing the entire ordinance. The ordinance amendment prohibits the hours of lawn sprinkling during the odd/even ban so that no lawn sprinkling can be done between 11 a.m. and 5 p.m. It also expands the exemption for watering new sod or landscaping from one week to two weeks. This Ordinance shall be effective upon seven (7) days after its passage and publication. Adopted by the Hastings City Council on this ___ day of _______, 2022, by the following vote: Ayes: Nays: Absent: CITY OF HASTINGS _____________________________________ Mary Fasbender, Mayor ATTEST: _________________________________ Kelly Murtaugh City Clerk 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 ___ day of ________________, as disclosed by the records of the City of Hastings on file and of record in the office. _____________________________ Kelly Murtaugh City Clerk X-A-01 City Council Memorandum To: Mayor Fasbender & City Councilmembers From: John Hinzman, Community Development Director Date: April 4, 2022 Item: Administrative Citations - City Code Amendments Council Action Requested: Consider 1st Reading of the following amendments to Hastings City Code pertaining to the adoption of administrative citations: 1. Chapter 10 - General Provisions - Administrative Citations 2. Chapter 95 - Health and Safety; Nuisances - Public Nuisances 3. Chapter 32.04.A - Disposal of Abandoned Vehicles 4. Chapter 158 - Property Maintenance 5. Chapter 34.03 - Fee Schedule 6. Chapter 91.30 - Dangerous Dogs 7. Repealing Criminal Penalties, Violations and Citations for Various City Code Sections. Upon consideration of 1st Reading, 2nd Reading and Final Adoption would be scheduled for the April 18, 2022 City Council Meeting. A simple majority is necessary for action. Background Information: The proposed amendments create an administrative process to enforce certain nuisance code violations. At present all nuisance violations are handled through the criminal code, which often times has a longer time frame for resolution. Financial Impact: Administrative citations have been shown to lessen the amount of staff time in handling enforcement complaints. Advisory Commission Discussion: N\A Council Workshop Discussion: The City Council held a workshop on March 21st to review specific changes to accommodate administrative citations. The proposed amendments are consistent with Council discussion. Attachments: • Memo - City Attorney Land • Ordinance Amendments X-C-01 MEMO TO: Mayor Fasbender and Members of the Hastings City Council FROM: Kori Land, City Attorney DATE: April 5, 2022 RE: Administrative Citations Ordinance Amendments INTRODUCTION On or around October 4, 2021, the City Council adopted a Charter Amendment that provides the authority to enact Administrative Citations. Charter Amendments become effective 90 days after adoption, therefore, it is now in effect and the proposed City Code Amendments surrounding administrative citations are ripe for consideration. Keep in mind that the creation of an administrative process does not preclude criminal prosecution or the use of other remedies, such as revoking a license, abatement or civil actions. The administrative citation process will be an additional tool available for City Staff to address nuisance violations that tend to be a burden on limited City resources while at the same time, protecting people’s property rights, protecting the public health, safety and general welfare, and ensuring that everyone is afforded due process. ORDINANCE AMENDMENTS DISCUSSION City Code Section 10.20: Enforcement and Inspections This amendment addresses who can enforce the Code and how to conduct inspections. These sections will apply to all Code enforcement and provide for uniformity. Who – There is a specific list of positions (or their designee), who are given the authority to enforce the Code. These are the positions who will conduct inspections, send notice letters, order abatements, issue administrative citations or undertake any other enforcement actions authorized in the Code. Inspections – The inspection process is outlined to ensure there is uniformity in the implementation of all Code enforcement inspections, including providing at least 72 hours’ advanced notice, authority for emergency access and how to gain access when the property owners refuse access. While each department may have its own inspection procedures, this section provides the minimum threshold for the process or a default inspection process where none exists. X-C-01 Admin. Citation Memo April 5, 2022 Page 2 of 6 2 95.20, .21, .23, .24 and .97 – Public Nuisances We are providing a new general definition section for all terms used in this chapter, including a new definition of Public Nuisance that is not tied to the statutory or criminal definition of public nuisance. Instead, there is a list of specific Code violations that are considered nuisances, as well as more general types of violations that may be considered a public nuisance, that may involve businesses, smells, dangerous structural conditions, noise and other types of nuisance conditions. The ordinance sections are divided into the types of nuisances, such as General, Health, Peace & Safety and Noise. *New* 95.25 – Unsheltered Storage This is a new section that defines unsheltered storage as a public nuisance and specifically states: UNSHELTERED STORAGE. Includes but is not limited to: machinery, implements, equipment, or personal property, worn out or discarded material, household appliances or parts, tools, building materials, tin cans, glass, furniture, mattresses, box springs, crates, cardboard, tires or any other unsightly debris, brush or materials, the accumulation of which may have an adverse effect upon the neighborhood or property values, health, safety or general welfare of the public. The new regulation for unsheltered storage states that property owners cannot leave unsheltered storage upon an open space area of any premises located anywhere in the city. The intent is to require all property owners to store their unused, discarded stuff in a building and not pile it up in the back yard for the neighborhood to see. Section 32.04A: Disposal of Abandoned Motor Vehicles Inoperable and abandoned motor vehicles will be considered akin to unsheltered storage and will be subject to abatement or administrative citations. If not removed or made operable, the City has the authority to tow it or issue a citation. Section 158: Property Maintenance Code This section was revised to make it clear that violations of the Property Maintenance Code will fall squarely in the “nuisance” category. Many of the definitions were simplified to reference state law or other sections of the Code, in order to avoid having conflicting or outdated definitions. The enforcement, inspection and penalty sections were removed and directed to the new provisions in Chapter 10. One new provision that was supported by the Council is to prohibit off-street parking in the front and side yards adjacent to a street, unless parked on concrete or asphalt surfaces. While this provision will go into effect at the same time as the rest of the ordinances, which is 7 days after publication, we would recommend that an educational component, notice letters, social media campaign, etc. precede any enforcement action so that the public is made aware of the new regulation. Now that we have defined public nuisances, we are providing two clear paths to administratively address public nuisance violations: X-C-01 Admin. Citation Memo April 5, 2022 Page 3 of 6 3 1. Abatement. This is for those types of violations that can be physically removed from the property by the City. Junk, trash, weeds, or other kinds of objects that are conducive to hiring a contractor who can easily remove the offending item. The City will abate the nuisance, send an invoice for the abatement and if not paid, assess the costs against the property; or 2. Administrative Citations. For all other violations that cannot be abated but are not corrected, a citation is issued, resulting in a fine and if not paid, it is assessed against the property.1 These enforcement tools provide for swift enforcement action. The City Staff can choose which tool is best for each situation. But if neither one of these options is appropriate or effective, then the traditional methods of criminal enforcement are still available. *New* 95.96 – Abatement Abatement is the most efficient method of Code enforcement as it allows for a nearly immediate correction of the violation. This tool is for violations that can be removed by the City relatively painlessly, such as unsheltered storage of junk in the yard, inoperable motor vehicles, weeds, snow and ice. The process will be implemented as follows: 1. Notice is sent with sufficient details that the violator (property owner and/or tenant) can understand the violation, providing a deadline to comply and a statement that failure to comply may result in abatement by the City, the costs of which are the owner’s responsibility and if not paid, can be assessed against the property. 2. The letter is served by regular mail or personal service. 3. If the owner fails to correct the violation, the City has the authority to abate the violation, store the material if it has value, and treat it as abandoned property if not retrieved, or discard the material if it has no value. 4. The City will then issue an invoice for the costs of abatement and if not paid, it can be assessed against the property. 5. The appeals will be handled through the Office of Administrative Hearings, a process that is outlined in the Administrative Citation Section below. There is authority provided for emergency abatements, should a hazardous condition exist that needs immediate attention. An example would be an unsecured foreclosed vacant house that has evidence of squatters or holes that are causing a rodent infestation in the neighborhood. The City could immediately and without notice, hire a contractor to board up the property and secure it. *New* 10.25 – Administrative Citations This is the new section that was authorized by the Charter Amendment to implement Administrative Citations. The process is as follows: 1 All assessments will be done pursuant to state law through an assessment hearing, thereby preserving due process to object to the assessment. X-C-01 Admin. Citation Memo April 5, 2022 Page 4 of 6 4 1. A compliance letter is sent with sufficient details that the violator (property owner and/or tenant) can understand the violation, providing a deadline to comply and a statement that failure to comply may result in a fine (specifying the amount of the fine).2 2. The letter is served by certified mail, regular mail, personal service or by posting it on the property. 3. Failure to comply with the compliance letter authorizes the officer to issue an administrative citation. The citation will be on a uniform “citation” form that also provides specificity of the violation, the amount of the fine, a statement that the violation must still be corrected, a statement on how to appeal, and notice that failing to pay may result in the fine being assessed against the property. Options for what happens after an administrative citation is issued include the following: a. Pay and correct = case closed b. Pay and do not correct = another citation c. Do not pay and correct = assess then close d. Do not pay and do not correct = assess, another administrative citation, criminal citation, or other enforcement action 4. Appeals can be made by filing a notice with the City Clerk within 10 days after the citation is mailed, along with a filing fee to cover administrative costs of setting up the hearing. Then: a. The appeal will be submitted to the Office of Administrative Hearings (OAH) to be heard by an administrative law judge. It will be treated as a court trial, but without the strict rules of evidence. The City and the violator can represent themselves and the hearing officer usually renders a decision immediately. b. If the violation is upheld, the violator must pay for the cost of the hearing, up to $1,000. If the violation is overturned, the City pays for the cost of the hearing and the filing fee will be refunded. c. Decisions of the hearing officer are final but may be appealed to the Court of Appeals. This appeal provision is available for abatement or administrative citations as well as for other violations of the Code. It provides for an expedient and a fair and impartial hearing before an independent hearing officer, where due process is afforded all parties. 5. The City will need to adopt a fine schedule for Administrative Citation violations. A proposed ordinance amending Ch. 34 to add these fines to the fee table is included. 2 Certain violations will not require a compliance letter, such as repeat offenders within 12 months, license violations, open burning, animals at large, noise, fireworks, etc. In many cases, these offenses are violations for which notice would be futile because the event is occurring immediately. X-C-01 Admin. Citation Memo April 5, 2022 Page 5 of 6 5 *New* Section 91.30: Dangerous Dogs Currently the City only regulates Dangerous Dogs. State law allows cities to designate and regulate Potentially Dangerous Dogs as well. Under the current Code, dogs can bite another animal many times or bite a person that doesn’t rise to the level of “substantial bodily harm”3 without any penalty. But if the dog is declared as Potentially Dangerous, then it has to be properly restrained and if it bites again, regardless of the level of harm, it can be designated as a Dangerous Dog, which comes with more protections for the public. Below are the differences between Dangerous Dogs and Potentially Dangerous Dogs: DANGEROUS DOG - Definition • Inflicted substantial bodily harm on a person • Has killed another animal off of the owner’s property • Has attacked someone on 2 or more occasions • Has been labeled “Potentially Dangerous” and then bites, attacks or endangers the safety of people or animals. The license requirements for a Dangerous Dog are: • Proper enclosure • Insurance • Pay an annual license fee • Microchip ID implanted in the dog • Sterilize the dog • Have a warning symbol on the property • Wear an identifiable license tag POTENTIALLY DANGEROUS DOG - Definition • Bit a person or another animal • Chased a person in an attitude of attack • Has a known propensity to attack causing or threatening the safety of people or animals The license requirements for a Potentially Dangerous Dog are: • Proper enclosure • Pay an annual license fee • Microchip ID implanted in the dog Both Potentially and Dangerous Dogs must be properly restrained on a leash no more than 4 feet and muzzled while outside of their own property. 3 “Substantial bodily harm” means bodily injury which involves a temporary but substantial disfigurement, or which causes a temporary but substantial loss or impairment of the function of any bodily member or organ, or which causes a fracture of any bodily member. Minn. Stat. § 609.02 subd. 7a. X-C-01 Admin. Citation Memo April 5, 2022 Page 6 of 6 6 Violations of conditions required under the ordinance can be addressed through administrative citations instead of criminal court. In addition, anyone who files an appeal of the designation will be sent through the OAH. Misc. Ordinance Regarding Penalties/Violations There are numerous ordinances and sections throughout the Code that individually discuss criminal penalties, violations and appeals related to their specific topic. We have provided a laundry list of these sections in one ordinance that are recommended to be repealed in order to eliminate conflicting Code sections. Instead, all penalties and appeals will be addressed in Ch. 10, which applies to the entire City Code. CONCLUSION This is a first reading of these ordinance amendments. These are not zoning ordinance amendments, so no public hearing is required. If approved on first reading, we will schedule a 2nd reading as required by the Charter. If the Council requests that the 2nd reading be a public hearing, please include it as part of the motion so that it can be properly noticed. RECOMMENDATION: Move approval of the 1st reading of the ordinance amendments as presented. X-C-01 1 ORDINANCE NO. XXX AN ORDINANCE FOR THE CITY OF HASTINGS, MINNESOTA, REPEALING AND REPLACING CITY CODE SECTIONS 10.20 ENFORCEMENT AND 10.99 GENERAL PENALTY AND ENACTING SECTION 10.25 ADMINISTRATIVE CITATIONS The City Council of the City of Hastings, Dakota County, Minnesota, does hereby ordain as follows: SECTION 1. REPEAL AND REPLACE. The Code of the City of Hastings, County of Dakota, State of Minnesota, Chapter 10, Section 10.20 Enforcement shall be repealed and replaced as follows: 10.20. Enforcement and Inspections. A. Any licensed peace officer of the city’s Police Department, or the County Sheriff, or any Deputy Sheriff, shall have the authority to enforce any provision of this code. B. The following individuals designated in this section, or their designee, shall have the authority to administer and enforce the provisions of this code: 1. Building Official; 2. City Administrator; 3. City Clerk; 4. Code Enforcement Officer; 5. Community Development Director; 6. Community Service Officer; 7. Fire Chief, Fire Inspector, Fire Marshal; 8. Parks & Recreation Director; 9. Public Works Director; 10. Zoning Administrator. C. Any city official or employee designated by this code who has the responsibility to perform a duty under this code may, with the permission of a licensee of a business or owner of any property or resident of a dwelling, or other person in control of any premises, inspect or otherwise enter any property to enforce compliance with this code. D. Inspection of buildings and premises. 1. General rule. For the purpose of safeguarding the health and safety of the general public and of the occupants of all buildings or to determine compliance with the code, an order or a permit or license, it is the duty of any authorized officer to conduct inspections to determine the condition of the buildings and premises located within the city. For the purpose of making the inspection, the authorized officer is authorized to enter, examine and survey the building or premises at all reasonable times. X-C-01 2 2. Notice. Prior to making the inspection, the authorized officer will inform the occupants of the building or premises to be inspected of the date and time of the inspection by personal service or regular mail postmarked not less than 72 hours prior to the time the inspection is made. 3. Access. After the written notice has been given, the owner, occupant or operator of the building must give the authorized officer free access to the building and its premises, for the purpose of the inspection, examination or survey, provided that the inspection, examination or survey must not have for its purpose the harassment of the owner or occupant and the inspection, examination or survey is made so as to cause the least amount of inconvenience to the owner or occupant. 4. Emergency access. The authorized officer must be allowed immediate entry: a. At any time when in the opinion of the authorized officer an actual emergency tending to create an immediate danger to public health and safety exists; or b. At any time when the inspection, examination or survey may be requested by the owner or occupant. E. Application for search warrant. Upon a refusal of any owner or occupant to permit the authorized officer access to a dwelling, dwelling unit or premises to make an inspection, and upon a belief of probable cause that the dwelling, dwelling unit or premises does not conform to the requirements of this code, the authorized officer may make application to the appropriate court for an order or warrant directing the inspection and search of the dwelling, dwelling unit or premises for its conformity to the requirements of this code, and any evidence or information from the inspection or search may be used in any court proceedings. F. Interference with official duties. It is unlawful for any person to prevent, delay or interfere with representatives of the city while they are engaged in the performance of his or her duties. G. Reinspection Fees. The City may charge a reinspection fee for violations of any ordinance related to buildings and premises. Failure to pay the reinspection fee may result in it being assessed against the property as provided in Minn. Stat. Chapter 429, as it may be amended from time to time SECTION 2. ENACTMENT. The Code of the City of Hastings, County of Dakota, State of Minnesota, Chapter 10, Section 10.25 Administrative Citations is hereby enacted as follows: 10.25 Administrative Citations. A. Purpose. The City Council seeks to offer an alternative method of enforcement for city code violations rather than relying on the criminal court system. The formal criminal prosecution process does not provide an environment to adequately address the unique X-C-01 3 and sensitive issues that are involved in city code violations, including, but not limited to, neighborhood concerns, livability issues, economic impact, physical limitations of the offenders and the stigma and unintended consequences of being charged with or convicted of a misdemeanor offense. In addition, the court system is a slow, overburdened and methodical process that is not conducive to dealing with the violations in a prompt and timely manner. Finally, the penalties afforded the criminal court system are restricted to fines or physical confinement, which are not always effective solutions to address city code violations. In order to provide more flexibility in addressing city code violations on an individualized basis that will be more efficient and effective, the City Council finds that an alternative enforcement process is necessary. Therefore, to protect the health, safety and welfare of the citizens of the city, it is the City Council’s intent to create a process for the use and imposition of administrative civil penalties that will provide the public and the city with a more effective alternative method for addressing city code violations. B. Alternative methods of enforcement. A violation of the city code is a misdemeanor pursuant to City Code § 10.99; however, this section seeks to gain compliance with the city code as an alternative to the commencement of any formal civil or criminal court action. The administrative civil penalties proceedings are in addition to any other legal or equitable remedy available to the city for city code violations. The city may, in its discretion, choose not to issue an administrative citation and may initiate criminal charges instead. 1. Authority to issue compliance letters and administrative citations. Any employee or agent enumerated in City Code § 10.20 or any duly authorized representative thereof is authorized to issue compliance letters and administrative citations for violations of the city code. 2. Compliance letter. a. Contents of compliance letter. If a city employee or agent determines that a city code violation has occurred, when appropriate, a compliance letter shall be issued. The compliance letter shall contain the following information: (1) A description or address of the property on which the city code violation has occurred; (2) The nature of the violation, including a reference to the appropriate city code section; (3) A compliance deadline, providing a reasonable time for compliance based on the nature of the violation; and (4) A statement that failure to correct the violation may result in the imposition of an administrative citation, including a civil penalty and stating the amount of the penalty as provided in the fee schedule. X-C-01 4 b. Service of compliance letter. The compliance letter may be served on the offender by certified mail, regular mail sent to the last known legal address, by personal service or by posting a copy in a conspicuous place in or about the building or property affected by the letter. c. Reasonable extensions. Following service of the compliance letter, the city shall attempt to work to resolve the violation, including, but not limited to, offering reasonable extensions for compliance. d. Exceptions to issuance of a compliance letter. For violations of any of the following sections, the city shall not be required to issue a compliance letter and may proceed directly to issuance of an administrative citation as provided below. (1) Repeat offender. If the same offender commits a subsequent violation within 12 months after a compliance letter has been issued for a same or similar offense. (2) License violations. For any license violations, including, but not limited to, not having a license. (3) Fire prevention and protection violations. For violations of Chapter 93. (4) Animal violations. For any violation of Chapter 91. (5) Traffic or parking violations. For traffic or parking violations issued under Chapter 70 and 71. (6) Noise violations. For any violation of City Code § 95.24. (7) Discharge of fireworks. For any violation of City Code § 113.08. (8) Emergency situations. When a condition exists that requires immediate action to protect the public health, safety and welfare. (9) Disorderly conduct or other similar behavior that tends to disrupt, injure or annoy a reasonable person for which a compliance letter would be moot, as the conduct or behavior has terminated. 3. Administrative citation. a. Generally. Upon the failure to correct the violation specified in the compliance letter within the time frame established in the compliance letter or any extension thereof granted by the city, or for any offense for which a compliance letter is not required, an administrative citation may be issued. The administrative citation shall be served by certified mail, regular mail or by personal service and shall contain the following information: (1) A description or address of the property on which the city code violation has occurred; (2) Reference to the city code that is alleged to be violated; (3) The amount of the administrative civil penalty for the specific city code violation, which shall be due and payable to the city within 30 days of the date the citation is mailed or personally served; (4) A statement that the violation must be corrected or a subsequent administrative or a criminal citation may be issued; X-C-01 5 (5) A statement that the city code violation and the amount of the administrative civil penalty may be contested to be heard before an independent hearing officer by notifying the City Clerk in writing within 10 days after the citation was mailed or personally served; and (6) A statement that failure to pay the administrative civil penalty may result in it being assessed against the property as provided in Minn. Stat. Chapter 429, as it may be amended from time to time. b. Payment of penalty and correction of violation. If the offender pays the administrative civil penalty and corrects the city code violation, no further action will be taken for that same violation. c. Payment of penalty without correction of violation. If the offender pays the administrative civil penalty but fails to correct the city code violation, the city may issue a subsequent administrative citation, initiate criminal proceedings or initiate any other proceedings or remedies available in order to enforce correction of the city code violation. d. No payment of penalty and no correction of violation. If the offender fails to pay the administrative civil penalty and fails to correct the city code violation, the city may do any of the following, or any combination thereof: (1) Assess the administrative civil penalty against the property pursuant to Minn. Stat. Chapter 429, as it may be amended from time to time; (2) Issue a subsequent administrative citation, thereby commencing a new administrative penalties process; (3) Initiate criminal proceedings; and/or (4) Initiate other enforcement action authorized by law. e. Failure to pay an administrative citation for which the costs cannot be assessed shall be a misdemeanor. C. Contesting the administrative citation/Appeal Process. An offender receiving an administrative citation may contest the alleged city code violation and the amount of the administrative civil penalty. In order to contest any part of the administrative citation, the offender must notify the City Clerk in writing within 10 calendar days after the citation is mailed or personally served, stating that the offender contests the alleged violation, the amount of the penalty or both and pay a filing fee. 1. Administrative citation hearing. a. Scheduling the hearing. After receipt of the written notice to contest the citation as provided in City Code § 10.25. C. above, the City Clerk shall schedule a hearing before an independent hearing officer, which will be held within 60 days, unless otherwise agreed to in writing by the parties. The City Clerk shall notify the owner of the date, time and location of the hearing. X-C-01 6 b. Independent hearing officer. An independent hearing officer, who may be from the office of administrative law judges, shall preside over the administrative citation hearing. c. Conduct of the administrative citation hearing. (1) At the hearing, both parties may be represented by counsel, shall have the opportunity to present testimony, shall be able to call and question witnesses and introduce any exhibits; however, strict rules of evidence shall not apply. (2) The hearing officer shall receive and give weight to the evidence, including hearsay evidence. (3) The hearing shall be recorded and a full record of the proceedings shall be maintained by the city according to its data retention schedule. (4) Authority of hearing officer. The independent hearing officer has the authority to do any of the following, or a combination thereof: i. Make a finding that a violation has occurred; ii. Reduce, stay or waive a scheduled administrative civil penalty either unconditionally or upon compliance with reasonable conditions; iii. Require compliance with the city code within a specified time frame; and/or iv. Make a finding that no violation has occurred and dismiss the administrative citation. (5) Decision and order. 1. The hearing officer may announce a decision at the conclusion of the hearing or may take the matter under advisement. 2. The hearing officer shall issue a decision in the form of an order and shall serve a written copy of the order upon the parties no later than 10 days after the hearing. 3. Any administrative civil penalty that the independent hearing officer imposes must be paid to the city within the time frame established in the order. If no date is specified, it must be paid within 30 days of the hearing officer’s order. 4. If the administrative civil penalty is not paid, the city may assess the civil penalty against the owner’s property pursuant to Minn. Stat. Chapter 429, as it may be amended from time to time. 5. If the hearing officer determines that no violation occurred, then the filing fee shall be refunded and the city may not proceed with criminal prosecution for the same act or conduct. (6) Finding of violation. If the violation is upheld, then the offender must pay for the cost of the hearing, not to exceed $1,000, toward the cost of the hearing. X-C-01 7 (7) Failure to appear. Failure to appear at the hearing shall result in a default judgment against the party who fails to appear. If the offender fails to appear, the administrative citation shall be sustained and the fee for the cost of the hearing shall be imposed. If the city fails to appear, the administrative citation shall be dismissed and the filing fee shall be refunded. 2. Appeal from Hearing Officer’s Decision. The hearing officer’s decision is final and may only be appealed to the Minnesota Court of Appeals. 3. Schedule of administrative civil penalties. a. The city shall adopt a fee schedule of administrative civil penalties for city code violations by ordinance or resolution. b. The maximum amount of an administrative civil penalty may not exceed twice the maximum fine authorized by state law for misdemeanor offenses or the maximum fine authorized by state law for an administrative process. SECTION 3. REPEAL AND REPLACE. The Code of the City of Hastings, County of Dakota, State of Minnesota, Chapter 10, Section 10.99 General Penalty shall be repealed and replaced as follows: Section 10.99. General Penalty. A. Any person who violates any provision of this code for which another penalty is not specifically provided shall, upon conviction, be guilty of a misdemeanor. The penalty which may be imposed for any crime that is a misdemeanor under this code, including Minnesota Statutes specifically adopted by reference, shall include a sentence of a fine or jail or both, up to the maximum authorized by law. B. Exceptions. Where a provision of this code or a statute, rule, or regulation adopted by reference in this code sets a lesser penalty such as an administrative citation or a petty misdemeanor, or a different period constituting a violation than set pursuant to City Code § 10.99, that code or statutory or regulatory provision prevails. C. Pursuant to Minn. Stat. § 631.48, as it may be amended from time to time, in either the case of a misdemeanor or a petty misdemeanor, the costs of prosecution may be added. A separate offense shall be deemed committed upon each day during which a violation occurs or continues. D. The failure of any officer or employee of the city to perform any official duty imposed by this code shall not subject the officer or employee to the penalty imposed for a violation. X-C-01 8 E. In addition to any penalties provided for in this section or in § 10.98, if any person, firm or corporation fails to comply with any provision of this code, the Council or any city official designated by it, may institute appropriate proceedings at law or at equity to restrain, correct or abate the violation. SECTION 4. SUMMARY PUBLICATION. Pursuant to Minnesota Statutes Section 412.191, in the case of a lengthy ordinance, a summary may be published. While a copy of the entire ordinance is available without cost at the office of the City Clerk, the following summary is approved by the City Council and shall be published in lieu of publishing the entire ordinance. The text amendment adopted by the Hastings City Council on , 2022 modifies the City Ordinance to SECTION 5. EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its passage and publication according to law. Passed this day of , 2022. Mary Fasbender, Mayor Attest: Kelly Murtaugh, City Clerk Published in the _________ on [Date]. X-C-01 1 ORDINANCE NO. XXX AN ORDINANCE FOR THE CITY OF HASTINGS, MINNESOTA, REPEALING AND REPLACING CITY CODE SECTION 95.20, AMENDING SECTIONS 95.21 AND 95.23, REPEALING AND REPLACING SECTION 95.24 AND ENACTING SECTIONS 95.25- 95.27 REGARDING PUBLIC NUISANCES The City Council of the City of Hastings, Dakota County, Minnesota, does hereby ordain as follows: SECTION 1. REPEAL AND REPLACE. The Code of the City of Hastings, County of Dakota, State of Minnesota, Chapter 95, Section 95.20 Public Nuisances shall be repealed and replaced as follows: 95.20 Public Nuisances A. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. ABATEMENT. Includes, but is not limited to the removal, stoppage, extermination, eradication, cleaning, cutting, mowing, grading, repairing, draining, securing, barricading, fencing, demolishing or destroying that which causes or constitutes a nuisance. ANNOYANCES. Any condition that unreasonably annoys, injures or endangers the safety, health, morals, comfort or repose of any considerable number of members of the public. COMPLIANCE DEADLINE. Either 48 hours after the notice is received or posted or such other date by which the nuisance must be removed, as specified in the notice. EMERGENCY ABATEMENT. The abatement of the nuisance by the city, or a contractor employed by the city, by removal, repair or other acts without notice to the owner, agent or occupant of the property except for the notice required by this code. ENFORCEMENT OFFICER. Any employee or agent enumerated in City Code § 10.20 or any duly authorized representative thereof. GARBAGE. Junk, trash, refuse, rubbish, litter, rubble, paper discarded articles, debris or matter of any kind or form not cared for, discarded, abandoned or not concealed within an enclosure. OBSTRUCTIONS. Objects or conditions that interfere with, endanger or prevent the ordinary or safe use of any property including public right-of-way. OWNER. Any person shown to be the property owner of record. X-C-01 2 PROPERTY. Any real property, premises, structure or location on which a public nuisance is alleged to exist. PUBLIC NUISANCE OR NUISANCE. Any substance, matter, emission or thing that creates a dangerous or unhealthy condition or that threatens the public peace, health, safety or sanitary condition of the city or that is offensive or has a blighting influence on the community and is found upon, in, being discharged or flowing from or onto any street, alley, highway, vehicle, water, excavation, building, erection, lot, grounds or other property located within the city or any offense that is deemed or declared to be a public nuisance by the City Code. RESPONSIBLE PARTY. Any one or more of the following: 1. Agent; 2. Contract for deed holder; 3. Mortgagee or vendee in possession; 4. Lessee; or 5. Other person, firm or corporation exercising apparent control over a property. UNSHELTERED STORAGE. Includes but is not limited to: machinery, implements, equipment, or personal property, worn out or discarded material, household appliances or parts, tools, building materials, tin cans, glass, furniture, mattresses, box springs, crates, cardboard, tires or any other unsightly debris, brush or materials, the accumulation of which may have an adverse effect upon the neighborhood or property values, health, safety or general welfare of the public. B. Public Nuisance includes, but is not limited to, the following: 1. Violations of City Code § 50 (General Provisions) 2. Violations of City Code § 51 (Utilities); 3. Violations of City Code § 91 (Animals); 4. Violations of City Code § 92 (Rental Housing); 5. Violations of City Code § 150 (Construction Regulations); 6. Violations of City Code § 152 (Stormwater Management); 7. Violations of City Code § 95.25 (Unsheltered Storage); X-C-01 3 8. Violations of City Code § 95.21 (Public Nuisances Affecting Health); 9. Violations of City Code § 95.22 (Public Nuisance Affecting Morals and Decency); 10. Violations of City Code § 95.23 (Public Nuisance Affecting Peace and Safety); 11. Violations of City Code § 32.04 (Disposal of Inoperable or Abandoned Motor Vehicles); 12. Violations of City Code § 95.24 (Prohibited Noises); 13. Violations of City Code § 90.04 (Ice And Snow on Public Sidewalks); 14. Violations of City Code § 90.05 (Grass, Weeds and Trees in Streets); 15. Violations of City Code § 157 (Structure Maintenance Code for Rental Residential Properties); 16. Violations of City Code § 158 (Property Maintenance); 17. Direct sky-reflected glare directed into any adjoining property where the bare lightbulb is in view of adjacent property or public street. 18. Engaging in any business, activity or conduct that is dangerous, hurtful, unwholesome, offensive or unhealthy to the neighborhood, or which constitutes an annoyance to considerable members of the public, or is detrimental to the property in the neighborhood or to the general public including but not limited to, chronic traffic congestion, noisy or late night parties or gatherings that disturb the repose of neighboring property owners, excessive or unreasonable amounts of otherwise lawful parking that causes the unsafe narrowing of traffic lanes and which parking is caused by crowds associated with parties or social gatherings; abusive or threatening language or gestures by residents of the property directed at adjacent or neighboring property owners; a property that is the location of gatherings of juveniles and residents or guests have received citations for underage consumption or the owner of the property has received a citation for allowing or aiding or abetting juvenile consumption; 19. Permitting, suffering, maintaining or failing to remove any offensive, nauseous, hurtful, dangerous or unhealthy condition resulting from a failure to properly dispose of garbage, sewage, waste, debris or any other unwholesome or offensive substance, liquid, or thing upon one’s premises, or dropping, discharging, passing, depositing or otherwise delivering the same upon the premises of another or public property; 20. Displaying, circulating, issuing, posting or publishing any slanderous or obscene, or lewd pictures, posters, literature, writings, drawings or oral statements; X-C-01 4 21. Any fence, wall, shed, deck, house, garage, building, structure, tree, pole, smokestack, excavation, hole, pit, basement, cellar, sidewalk, dock, lot, land, yard, premises or location which by reason of the condition in which it is found or permitted to be or remain, does or may endanger the health, safety, life, limb or property, or cause any hurt, harm, inconvenience, discomfort, damage or injury to any one or more individuals in the city; and 22. Any other activity, place or thing that is defined in this code as a nuisance or public nuisance or any other violations of the city code or zoning ordinance that are a danger to the health, safety and general welfare of the citizens of the city. SECTION 2. AMENDMENT. The Code of the City of Hastings, County of Dakota, State of Minnesota, Chapter 95, Section 95.21 Public Nuisances Affecting Health shall be amended as follows: 95.21 Public Nuisances Affecting Health The following are hereby declared to be public nuisances affecting health: 1.A. Exposed accumulation of decayed or unwholesome food or vegetable matter; 2.B. All diseased animals running at large; 3.C. All ponds or pools of stagnant water; 4.D. Carcasses of animals not buried or destroyed within 24 hours after death; 5.E. Accumulations of manure, refuse, or other debris; 6.F. Privy vaults and garbage cans which are not rodent-free or fly-tight or which are so maintained as to constitute a health hazard or to emit foul and disagreeable odors; 7.G. The pollution of any public well or cistern, stream or lake, canal or body of water by sewage, industrial waste or other substances; 8.H. All noxious weeds and other rank growths of vegetation upon public or private property; I. Dense smoke, noxious fumes, gas and soot, or cinders, in unreasonable quantities; J. All unnecessary and annoying vibrations; A.K. Violations of City Code § 152.09 (Illicit Discharges and Connections) 9.L. Any offensive trade or business as defined by statute not operating under local license. 10. 11. All public exposure of people having a contagious disease; and SECTION 3. AMENDMENT. The Code of the City of Hastings, County of Dakota, State of Minnesota, Chapter 95, Section 95.23 Public Nuisances Affecting Peace and Safety shall be amended as follows: 95.23 Public Nuisances Affecting Peace and Safety The following are declared to be public nuisances affecting public peace and safety: X-C-01 5 A. All snow and ice not removed from public sidewalks 48 hours after the snow or other precipitation causing the condition has ceased to fall; B.A. All trees, hedges, billboards, or other obstructions which prevent people from having a clear view of all traffic approaching an intersection; C.B. All wires and limbs of trees which are so close to the surface of a sidewalk or street as to constitute a danger to pedestrians or vehicles; D.C. Obstructions and excavations affecting the ordinary public use of streets, alleys, sidewalks, or public grounds except under conditions as are permitted by this code or other applicable law; E. Radio aerials or television antennae erected or maintained in a dangerous manner; F.D. Any use of property abutting on a public street or sidewalk or any use of a public street or sidewalk which causes large crowds of people to gather, obstructing traffic, and the free use of the street or sidewalk; G.E. All hanging signs, awnings and other similar structures over streets and sidewalks, so situated so as to endanger public safety, or not constructed and maintained as provided by ordinance; H.F. The allowing of rain water, ice, or snow to fall from any building or structure upon any street or sidewalk or to flow across any sidewalk; I.G. Any barbed wire fence less than 6 feet above the ground and within 3 feet of a public sidewalk or way; J.H. All dangerous, unguarded machinery in any public place, or so situated or operated on private property as to attract the public; K.I. Waste water cast upon or permitted to flow upon streets or other public properties; L. Accumulations in the open of discarded or disused machinery, household appliances, automobile bodies, or other material in a manner conducive to the harboring of rats, mice, snakes, or vermin, or the rank growth of vegetation among the items so accumulated, or in a manner creating fire, health, or safety hazards from accumulation; M.J. Any well, hole, or similar excavation which is left uncovered or in another condition as to constitute a hazard to any child or other person coming on the premises where it is located; N.K. Obstruction to the free flow of water in a natural waterway or a public street drain, gutter, or ditch with trash of other materials; O.L. The placing or throwing on any street, sidewalk, or other public property of any glass, tacks, nails, bottles, or other substance which may injure any person or animal or damage any pneumatic tire when passing over the substance; P.M. The depositing of garbage or refuse on a public right-of-way or on adjacent private property; Q.N. All other conditions or things which are likely to cause injury to the person or property of anyone. R. Noises 1. Prohibited Noises. a. General Prohibition. No person shall make or cause to be made any distinctly and loudly audible noise that unreasonably annoys, disturbs, injures, or endangers the comfort, repose, health, peace, safety, or welfare of any person or precludes their X-C-01 6 enjoyment of property or affects their property’s value. This general prohibition is not limited by the specific restrictions of this section. All noises in violation of the Minnesota Pollution Control Agency Rules, Chapter 7030, as they may be amended from time to time, which are hereby incorporated by reference into this code, are prohibited. b. Nuisance Factors-Noises. The characteristics and conditions which shall be considered in determining whether a noise unreasonably annoys, disturbs, injures, or endangers the comfort, repose, health, peace, safety, or welfare of any person or precludes their enjoyment of property or affects their property’s value for the purposes of paragraph (a) of this subsection, shall include, without limitation, the following: (1) The time of day or night when the noise occurs; (2) The duration of the noise; (3) The proximity of the noise to a sleeping facility, residential area, church, school, institution of learning or hospital (4) The land use, nature and zoning of the area from which the noise emanates and the area where it is perceived; (5) The number of people and their activities that are affected or are likely to be affected by the noise; and (6) The sound peak pressure level of the noise, in comparison to the level of ambient noise. c. Noisy Assembly. (1) Defined. The term “noisy assembly” shall mean a gathering of more than one person in a residentially zoned or used area or building that would be likely to cause significant discomfort or annoyance to a reasonable person of ordinary sensitivities present in the area, considering the time of day and the residential character of the area, due to loud, disturbing or excessive noise. (2) Permitting Noisy Assembly. It shall be a violation of this section for any person having dominion, care or control of a residentially zoned or used area or building knowingly to permit a noisy assembly. (3) Remaining at a Noisy Assembly. It shall be a violation of this section to participate in, visit or remain at a gathering knowing or having reason to know that the gathering is a noisy assembly, except any person(s) who has/ have come to the gathering for the sole purpose of abating the noisy assembly. d. Animals. It shall be a violation of this section to own, keep, have in possession or harbor any animal or animals which make any noise to the reasonable annoyance of another person or persons. The phrase “to the reasonable annoyance of another person or persons” shall include, but is not limited to, the creation of any noise by any animal or animals which can be heard by any person, including the animal control officer or a law enforcement officer, from a location outside of the premises where the animal or animals are located and which animal noise occurs repeatedly over at least a five-minute period of time with no more than a one-minute lapse of time between each animal noise during the five-minute period. X-C-01 7 e. Amplified Sound. It shall be a violation of this section to play, operate or permit the playing, use or operation of any radio, tape player, disc player, loud speaker or other electronic device used for the amplification of sound, unless otherwise permitted by law, located inside or outside, the sound of which carries to points of habitation or adjacent properties, and is audible above the level of conversational speech at a distance of fifty (50) feet or more from the point of origin of the amplified sound. f. Motor Vehicles. (1) Generally. It shall be a violation of this section to use any automobile, truck, motorcycle, motorboat, all terrain vehicle, snowmobile, recreational vehicle, other vehicle, or stationary internal combustion engine which causes or would be likely to cause significant discomfort or annoyance to a reasonable person of ordinary sensitivities present in the area due to loud, disturbing or excessive noise. (2) Amplified Sound from Motor Vehicles. It shall be a violation of this section to play, operate or permit the playing, use or operation of any radio, tape player, disc player, loud speaker or other electronic device used for the amplification of music or other entertainment, which is located within a motor vehicle on a public street or alley, or in a commercial or residential parking facility, which is audible by any person from a distance of fifty (50) feet or more from the motor vehicle. When sound violating this section is produced or reproduced by any such device that is located in a motor vehicle, the motor vehicle’s owner, if present when the violation occurs, is guilty of the violation. If the motor vehicle’s owner is not present at the time of the violation, the person who has dominion, care or control of the motor vehicle at the time of the violation is guilty of the violation. In addition to an owner or a driver, any person who controls or assists with the production, reproduction, or amplification of sound in violation at this section is guilty of the violation. (3) Horns and Other Signals. It shall be a violation of this section to sound any horn or signal device on an automobile, motorcycle, bus or other vehicle, except as a danger signal or traffic warning, which would be likely to cause significant discomfort or annoyance to a reasonable person of ordinary sensitivities in the area. (4) Application of the MPCA Rules. No person shall operate a motor vehicle in the City in violation of the motor vehicle noise limits of the Minnesota Pollution Control Agency Rules, Sections 7030.1000 through 7030.1060. 2. Hourly Restriction Of Certain Operations. a. Domestic Power Equipment. No person shall operate a power lawn mower, power hedge clipper, chain saw, mulcher, garden tiller, edger, drill, or other similar domestic power maintenance equipment except between the hours of 7:00 a.m. and 10:00 p.m. on any weekday or between the hours of 9:00 a.m. and 9:00 p.m. on any weekend or holiday. Snow removal equipment is exempt from this provision. b. Refuse Hauling. No person shall collect or remove garbage or refuse in any residential district except between the hours of 6:00 a.m. and 10:00 X-C-01 8 p.m. on any weekday or between the hours of 9:00 a.m. and 9:00 p.m. on any weekend or holiday. c. Construction Activities. No person shall engage in or permit construction activities involving the use of any kind of electric, diesel, or gas-powered machine or other power equipment except between the hours of 7:00 a.m. and 10:00 p.m. on any weekday or between the hours of 9:00 a.m. and 9:00 p.m. on any weekend or holiday. 3. Noise Impact Statements. The Council may require any person applying for a change in zoning classification or a permit or license for any structure, operation, process, installation or alteration or project that may be considered a potential noise source to submit a noise impact statement on a form prescribed by the Council. It shall evaluate each such statement and take its evaluation into account in approving or disapproving the license or permit applied for or the zoning change requested. SECTION 4. REPEAL AND REPLACE. The Code of the City of Hastings, County of Dakota, State of Minnesota, Chapter 95, Section 95.24 Duties of City Officers shall be repealed and replaced with 95.24 Prohibited Noises. 95.24 Prohibited Noises A. General Prohibition. No person shall make or cause to be made any distinctly and loudly audible noise that unreasonably annoys, disturbs, injures, or endangers the comfort, repose, health, peace, safety, or welfare of any person or precludes their enjoyment of property or affects their property’s value. This general prohibition is not limited by the specific restrictions of this section. All noises in violation of the Minnesota Pollution Control Agency Rules, Chapter 7030, as they may be amended from time to time, which are hereby incorporated by reference into this code, are prohibited. i. Nuisance Factors-Noises. The characteristics and conditions which shall be considered in determining whether a noise unreasonably annoys, disturbs, injures, or endangers the comfort, repose, health, peace, safety, or welfare of any person or precludes their enjoyment of property or affects their property’s value for the purposes of paragraph (a) of this subsection, shall include, without limitation, the following: a. The time of day or night when the noise occurs; b. The duration of the noise; c. The proximity of the noise source to any location, such that it is reasonably likely to interfere with the peace, quiet, repose or operation of that property; d. The land use, nature and zoning of the area from which the noise emanates and the area where it is perceived; e. The number of people and their activities that are affected or are likely to be affected by the noise; and X-C-01 9 f. The sound peak pressure level of the noise, in comparison to the level of ambient noise. ii. Noisy Assembly. a. The term “noisy assembly” shall mean a gathering of more than one person in a residentially zoned or used area or building that would be likely to cause significant discomfort or annoyance to a reasonable person of ordinary sensitivities present in the area, considering the time of day and the residential character of the area, due to loud, disturbing or excessive noise. b. Permitting Noisy Assembly. It shall be a violation of this section for any person having dominion, care or control of a residentially zoned or used area or building knowingly to permit a noisy assembly. c. Remaining at a Noisy Assembly. It shall be a violation of this section to participate in, visit or remain at a gathering knowing or having reason to know that the gathering is a noisy assembly, except any person(s) who has/ have come to the gathering for the sole purpose of abating the noisy assembly. iii. Animals. Dog barking is regulated by City Code § 91.28. For all other animals, it shall be a violation of this section to have an animal or animals which make any noise to the reasonable annoyance of another person. This shall include animal noise which can be heard by any person from a location outside of the premises where the animal or animals are located, and which noise occurs repeatedly over at least a five-minute period of time with no more than a one-minute lapse of time between each animal noise. iv. Prohibited noises made by sound producing or reproducing equipment. No person shall use or operate or permit the use or operation of any radio receiving set, musical instrument, phonograph, paging system, machine or other device for the production or reproduction of sound in a distinctly and loudly audible manner as to disturb the peace, quiet and comfort of any person nearby. This includes operation of any such set, instrument, machine or other device between the hours of 10:00 p.m. and 7:00 a.m. in such a manner as to be plainly audible at the property line of the structure or building in which it is located, in the hallway or apartment adjacent, or at a distance of 50 feet if the source is located outside a structure or building. v. Motor Vehicles. a. Generally. It shall be a violation of this section to use any automobile, truck, motorcycle, motorboat, all-terrain vehicle, snowmobile, recreational vehicle, other vehicle, or stationary internal combustion engine which causes or would be likely to cause significant discomfort or annoyance to a reasonable person of ordinary sensitivities present in the area due to loud, disturbing or excessive noise. b. Amplified Sound from Motor Vehicles. No person shall operate or permit operation of a device used for the amplification of sound from a motor vehicle, when the sound is audible above the level of conversational speech and causes a disturbance or an annoyance to a reasonable person of ordinary sensibilities present in the area X-C-01 10 of the motor vehicle. Any person who has care or control of the motor vehicle with the operating device, whether or not the owner, is guilty of a violation of this section. Any person who assists with the amplification of sound is guilty of violating this section. c. Horns and Other Signals. It shall be a violation of this section to sound any horn or signal device on an automobile, motorcycle, bus or other vehicle, except as a danger signal or traffic warning, which would be likely to cause significant discomfort or annoyance to a reasonable person of ordinary sensitivities in the area. d. Application of the MPCA Rules. No person shall operate a motor vehicle in the City in violation of the motor vehicle noise limits of the Minnesota Pollution Control Agency Rules, Sections 7030.1000 through 7030.1060. vi. Hourly Restriction Of Certain Operations. a. Domestic Power Equipment. No person shall operate a power lawn mower, power hedge clipper, chain saw, mulcher, garden tiller, edger, drill, or other similar domestic power maintenance equipment except between the hours of 7:00 a.m. and 10:00 p.m. on any weekday or between the hours of 9:00 a.m. and 9:00 p.m. on any weekend or holiday. Snow removal equipment is exempt from this provision. b. Refuse Hauling. No person shall collect or remove garbage or refuse in any residential district except between the hours of 6:00 a.m. and 10:00 p.m. on any weekday or between the hours of 9:00 a.m. and 9:00 p.m. on any weekend or holiday. c. Construction Activities. No person shall engage in or permit construction activities involving the use of any kind of electric, diesel, or gas-powered machine or other power equipment except between the hours of 7:00 a.m. and 10:00 p.m. on any weekday or between the hours of 9:00 a.m. and 9:00 p.m. on any weekend or holiday. vii. Noise Impact Statements. The Council may require any person applying for a change in zoning classification or a permit or license for any structure, operation, process, installation or alteration or project that may be considered a potential noise source to submit a noise impact statement on a form prescribed by the Council. It shall evaluate each such statement and take its evaluation into account in approving or disapproving the license or permit applied for or the zoning change requested. SECTION 5. ENACTMENT. The Code of the City of Hastings, County of Dakota, State of Minnesota, Chapter 95, Section 95.25 Unsheltered Storage shall be enacted as follows: 95.25 Unsheltered Storage A. General. 1. Purpose. The purpose of this section is to declare the unsheltered storage of inoperable or abandoned motor vehicles and any other vehicles, machinery, implements, X-C-01 11 equipment, junk or personal property of any kind to be a danger to the public health and safety. The use of tarps shall not be considered an acceptable form of shelter. 2. Declaration. The unsheltered storage of these property items throughout the city tend to impede traffic in the streets, interfere with the enjoyment of and reduce the value of public and private property, invite plundering, create fire hazards and other safety and health hazards to children as well as adults, interfere with the comfort and well-being of the public, and create, extend and aggravate urban blight. The Council declares that, in order to protect the public health, safety and welfare from such conditions, these conditions are a public nuisance and must be regulated, abated and prohibited. B. Unsheltered storage and clutter - General rule. No person may place, permit, store, allow, maintain or leave machinery, implements, equipment, clutter or personal property or unsheltered storage upon an open space area of any premises located anywhere in the city. SECTION 6. ENACTMENT. The Code of the City of Hastings, County of Dakota, State of Minnesota, Chapter 95, Section 95.96 Abatement shall be enacted as follows: 95.96 Abatement A. Emergency abatement. Whenever the city is made aware of the existence of a public nuisance, the city will cause to be inspected the property on which it is alleged that such a public nuisance exists. Should the Enforcement Officer determine that a public nuisance exists and that the public health, safety or welfare may be in immediate danger, then emergency abatement procedures will be implemented and the city may cause the nuisance to be removed or abated. When emergency abatement is authorized, notice to the owner, agent or occupant of the property is not required. Following emergency abatement, the city will post a notice on the property describing the action taken to abate the nuisance. B. Abatement; notice. 1. General rule. If, after inspecting the property, the Enforcement Officer declares the existence of a public nuisance but the nature of the nuisance is not such as to require emergency abatement of the nuisance, then regular abatement procedures will be followed. 2. Notice. a. In cases where emergency abatement of a public nuisance is not required, the Enforcement Officer will serve a notice on the owner or responsible party, by regular mail, or by personal service, ordering the owner or responsible party to remove the public nuisance. The notice will contain the following information: (1) Description of the property upon which the nuisance is situated; (2) The nature of the nuisance to be abated; X-C-01 12 (3) State that in the event the owner or responsible party does not comply with the notice, the necessary work may be performed by the city; (4) State that if the owner or responsible party does not pay for the expense, the cost of the work will be assessed against the property; and (5) A compliance deadline. The notice will require that the public nuisance must be removed within 48 hours after the date of receipt of the notice unless another compliance deadline is stated. b. If the owner of the property or responsible party cannot be found, the notice will be posted on the property for a period of 48 hours, after which period the city may perform any necessary work. Notice by regular mail and notice by posting may be done simultaneously. 3. Disclosure of responsible party. a. Upon the request of the Enforcement Officer, an owner or responsible party shall disclose the name of any other owner or responsible party known. This shall include the person for whom he or she is acting, from whom he or she is leasing the property, to whom he or she is leasing the property, or with whom he or she has any conveyancing contract. b. An owner or responsible party shall, upon the request of the Enforcement Officer, provide the Officer with access to all interior portions of any occupied or unoccupied building in order to permit the Officer to make a complete inspection. 4. Authority to abate. a. The Enforcement Officer is authorized to enter in or upon any property or structure for the purpose of enforcing and ensuring compliance with the provisions of this section. b. If the public nuisance has not been removed or resolved by the compliance deadline, the city has the authority to enter upon the property and abate the public nuisance. In abating the nuisance, the city may go to whatever extent necessary to complete the abatement of the public nuisance, including obtaining a court order. The city may call upon any of the city departments or divisions for whatever assistance is deemed necessary or may by private contract cause the abatement of the public nuisance. If any material derived from the abatement is salvageable, and no notice of appeal is received by the city as provided in City Code § 95.96 B. 6 below, the city may treat the property as abandoned pursuant to City Code § 32.04.B. and sell the salvaged material at private or public sale. X-C-01 13 5. Abatement Invoice. If the city performs the work pursuant to City Code § 95.96 B. 4(b) above, the city will maintain a record showing the cost of the work attributable to each separate lot and parcel, including administrative costs. Abatement costs shall include, but are not limited to, the cost of the abatement, the cost of investigation, such as title searches, inspection and testing, the cost of notification, filing costs and administrative costs, including an overhead charge of up to 25% for administrative costs. 6. Appeals. An owner or responsible party may appeal by following the procedures set forth in City Code § 10.25 C. Any personal property of value or salvageable property coming into possession of the city during the course of the abatement pursuant to City Code § 95.96 B. 4(b) above will be stored by the city pending the outcome of the appeal. SECTION 7. ENACTMENT. The Code of the City of Hastings, County of Dakota, State of Minnesota, Chapter 95, Section 95.97 Violations shall be enacted as follows: 95.97. Violations A. No person shall, directly or indirectly or by omission, create a nuisance. B. No responsible party shall allow a nuisance to remain upon or in any property, structure or vehicle under that person’s control. C. Violations of this Chapter shall be deemed to be a public nuisance subject to abatement pursuant to City Code §95.96, an administrative citation pursuant to City Code § 10.25 or any other enforcement action pursuant to City Code § 10.99. SECTION 8. SUMMARY PUBLICATION. Pursuant to Minnesota Statutes Section 412.191, in the case of a lengthy ordinance, a summary may be published. While a copy of the entire ordinance is available without cost at the office of the City Clerk, the following summary is approved by the City Council and shall be published in lieu of publishing the entire ordinance. The text amendment adopted by the Hastings City Council on , 2022 modifies the City Ordinance to SECTION 9. EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its passage and publication according to law. Passed this day of , 2022. Mary Fasbender, Mayor Attest: X-C-01 14 Kelly Murtaugh, City Clerk Published in the _________ on [Date]. X-C-01 1 ORDINANCE NO. XXX AN ORDINANCE FOR THE CITY OF HASTINGS, MINNESOTA, REPEALING AND REPLACING SECTION 32.04.A – DISPOSAL OF ABANDONED MOTOR VEHICLES The City Council of the City of Hastings, Dakota County, Minnesota, does hereby ordain as follows: SECTION 1. REPEAL AND REPLACE. The Code of the City of Hastings, County of Dakota, State of Minnesota, Chapter 32, Section 32.04 A. Disposal of Abandoned Motor Vehicles is hereby repealed and replaced as follows: A. Inoperable or abandoned motor vehicles. 1. Definitions. For the purposes of this subdivision, an inoperable or abandoned motor vehicle means a motor vehicle as defined in Minn. Stat. § 168B.011, subd. 2 and in a condition described by one of the following: a. On private property for a period of more than 48 hours without consent of the person in control of the property; b. Disabled meaning partially or completely dismantled or appearing either to be undrivable or to be lacking any of those parts of a motor vehicle which are essential to the functioning of the vehicle to the extent of making the vehicle inoperable, unless allowed under A.3. of this section; c. Without license plates or with license plates that have been expired for more than 90 days prior to the date of inspection; d. An abandoned motor vehicle shall also mean a motor vehicle as defined in Minn. Stat. § 168B.011, subd. 2. which has remained in the impound lot of a towing company, licensed by the city, for more than 30 days after a written notice to remove the motor vehicle has been sent by registered mail to the registered owner. 2. General Rule. No person shall place, park, permit to remain, store or leave upon an open area of any premises located anywhere in the city any inoperable or abandoned vehicle for more than seven days unless: a. In a residential zoned district, inoperable or abandoned vehicles may not be placed, parked, permitted to remain, stored or left for more than 48 hours unless the vehicle is kept entirely within an enclosed building. b. In a business or industrial zoned district, inoperable or abandoned vehicles may not be placed, parked, permitted to remain, stored or left for more than 48 hours unless adequately screened, or three days on a business or industrial property that is not an auto repair establishment. Adequate screening will require the keeping of the X-C-01 2 vehicles within a building, tight fence at least five feet in height, or within an earth- toned or neutral colored opaque cover that was specifically designed and manufactured for that purpose and which completely encloses such vehicle. Any inoperable or abandoned vehicle legally kept in a business or industrial zoning district for more than seven days must be at least 100 feet from a public highway or residential building. 3. Exemptions. For the purpose of this chapter the following vehicles are not to be considered abandoned or inoperable motor vehicles: a. A classic or pioneer car, as defined in Minn. Stat. § 168.10, provided that it is kept secure and as long as it has substantial potential further use consistent with its usual functions; b. Vehicles on the premises of a motor vehicle and parts dealer, junkyard, junk dealer, motor vehicle salvage dealer, automobile repair garage or body shop which is authorized by this Code; c. A vehicle kept inside an enclosed garage or storage building. 4. Removal and Disposal by owner. If a vehicle fails to meet any of the above requirements, the owner or possessor of the vehicle will be responsible to remove the vehicle to a duly licensed junkyard or other authorized place of deposit or storage within ten business days of receipt of a written demand by the city. In the event the owner or possessor of the vehicle cannot be located, then it will be the responsibility of the owner of the premises to remove the vehicle to a duly licensed junkyard or other authorized place of deposit or storage within ten working days of receipt of the written demand by the city. 5. Enforcement and Penalty. Inoperable and abandoned motor vehicles are deemed to be a public nuisance, subject to abatement pursuant to City Code §95.96, administrative citations pursuant to City Code §10.25 or any other penalty provided in City Code §10.99. 6. Disposition of impounded/abated vehicles. In all cases of impoundment or abatement as described above, the city shall serve notice on the owner of the property pursuant to Minnesota Statute § 168B.06. The owner or lienholder may reclaim the vehicle pursuant to Minnesota Statute § 168B.07. If the vehicle is not reclaimed, it may be disposed of at auction or sale pursuant to Minnesota Statute § 168B.08. SECTION 2. SUMMARY PUBLICATION. Pursuant to Minnesota Statutes Section 412.191, in the case of a lengthy ordinance, a summary may be published. While a copy of the entire ordinance is available without cost at the office of the City Clerk, the following summary is approved by the City Council and shall be published in lieu of publishing the entire ordinance. X-C-01 3 The text amendment adopted by the Hastings City Council on , 20___ modifies the City Ordinance to SECTION 3. EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its passage and publication according to law. Passed this day of , 20___. Mary Fasbender, Mayor Attest: Kelly Murtaugh, City Clerk Published in the _________ on [Date]. X-C-01 1 ORDINANCE NO. XXX AN ORDINANCE FOR THE CITY OF HASTINGS, MINNESOTA, AMENDING CHAPTER 158 PROPERTY MAINTENANCE The City Council of the City of Hastings, Dakota County, Minnesota, does hereby ordain as follows: SECTION 1. AMENDMENT. The Code of the City of Hastings, County of Dakota, State of Minnesota, Chapter 58 is hereby amended as follows: 158.01 Purpose And Policy A. Purpose And Policy. 1. This chapter provides a practical method to regulate the maintenance and use of existing properties and buildings within the City of Hastings for the purpose of protecting the public health, safety and welfare. 2. This chapter: a. Establishes minimum standards for maintenance property and buildings; and b. Provides for administration and enforcement. B. Intent. The Council finds there exists in the city numerous properties which are substandard in 1 or more important features of structure or appearance. Such conditions adversely affect public health and safety and lead to the continuation, extension and aggravation of urban blight. Adequate protection of public health, safety and welfare requires the establishment and enforcement of minimum property maintenance standards. The City Council intends that this chapter be an integral part of the city’s program of health, safety, building and land use regulation. This chapter is to be construed liberally, in conjunction with other provisions of the City Code, to give effect to the policy, purpose and objectives of this section, but is not construed to modify, amend or otherwise alter the provisions of the City Code relating to health, safety, structure or land use regulation. 158.02 Definitions The following terms as used in this subchapter shall have the meaning stated: APPROVED. As approved by the Property Maintenance Inspector. BOARD OF APPEALS. The City Council of the City of Hastings. CARPORT. A shelter for an automobile, consisting of a roof extended from the side of a building, sometimes with an additional wall. COMMERCIAL VEHICLES/EQUIPMENT. Includes but is not limited to backhoes, dump X-C-01 2 trucks, landscaping equipment, skid steers, wood chippers, cube or box type trailers or trucks, tow trucks, tractor trailers, semi-trailers, farm trailers, custom service vehicles, such as, but not limited to, well-drilling machines, wood-sawing machines, cement mixers, rock crushers, road grader, ditch digger, grading equipment; typical household or property maintenance service vehicles, any service vehicle engaged in a business which includes the repairing or servicing of vehicles, snow removal and road maintenance equipment and vehicles and all trailers designed for, or frequently used to transport any of the above. DETERIORATED. Materials or conditions that are substandard and are in need of repair or replacement. EXTERIOR SURFACE. Any surface exposed to weather conditions. FAILED PAINT. Paint which is cracked, flaked, blistered, pealed, chalked, scaled over 20% or more of any wall surface or fence surface, or has failed to provide a protective surface for the base material. FULLY SCREENED. Enclosed by use of a wall, fence or partition to hide the view of an object or property so as not to be readily visible from adjacent property. HAZARDOUS TREES or BRUSH. Any tree(s) or brush that jeopardizes the structural integrity of a building, fence or structure or endangers human safety. LOT. A separate parcel, tract or area of land undivided by any public street or approved private road, established by plat, metes and bounds subdivision, or otherwise permitted by law, and occupied or intended to be developed for and occupied by a principal building or group of buildings or accessory buildings, or utilized for a principle uses and uses accessory thereto, including such open spaces and yards as are designed and arranged or required by this city code for such building, use or development.As defined in City Code § 155.02. MISCELLANEOUS MATERIAL. MISCELLANEOUS MATERIAL includes, but is not limited to, wood pallets and miscellaneous construction materials, glass, wire, metal items, vehicle or bicycle parts, tires, gasoline cans, plastic containers, indoor furniture, cookware or other items meant for indoor use, propane tanks, used oil, used antifreeze, paper, wrappings, cardboard, tin cans, leaves, yard clippings, bricks, batteries, plaster, cement and mattresses. See also definition of Unsheltered Storage – City Code § 95.20 A. MOTOR VEHICLE. Any self-propelled vehicle designed and originally manufactured to operate primarily upon public roads and highways. It includes any vehicle propelled or drawn by a self- propelled vehicle.As defined in Minnesota Statutes § 168.002 subd. 18. MOTORCYCLE. Every motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than 3 wheels in contact with the ground, including motor scooter and bicycles with motor attached, other than those vehicles defined as motorized bicycles.As defined in Minnesota Statutes § 169.011 subd. 44. X-C-01 3 MOTORIZED BICYCLES. A bicycle that is propelled by a motor of a piston displacement capacity of 50 cubic centimeters or less, and a maximum of 2 brake horsepower, which is capable of a maximum speed of not more than 30 miles per hour on a flat surface with no more than 1% grade in any direction when the motor is engaged. As defined in Minnesota Statutes § 169.011 subd. 45. ORDER TO REPAIR. An order from the City of Hastings to a property owner that requires maintenance or repairs to be done to correct a Property Maintenance Ordinance violation. OWNER’S AGENT. A person with written permission from the owner, legal guardian or power of attorney, able to represent the owner’s interests. PASSENGER VEHICLES. Passenger automobile, pick-up truck, van, self-propelled recreational vehicle motorcycle, motorized bicycle, school bus or farm truck. As defined in Minnesota Statutes § 168.002 subd. 24. PICK-UP TRUCK. Any truck with a manufacturers nominal rated carrying capacity of 3/4 ton or less, commonly known as a pick-up truck. As defined in Minnesota Statutes § 168.002 subd. 26. PROPERTY MAINTENANCE INSPECTOR. The person or persons who have beenAny person authorized by the Hastings City Council to enforce the Property Maintenance Ordinance, which shall include the building Official and the Supervisor of Inspections and Code Enforcement. RECREATIONAL VEHICLES/EQUIPMENT. As defined in Minnesota Statutes § 168.002 subd. 27, and includes, but is not limited to the following: a. Boats and canoes; b. All terrain vehicles (ATVs); c. Snowmobiles; d. Noncommercial utility trailers and trailers for the transportation of boats, canoes, snowmobiles and ATVs, or other such similar vehicles; e. Travel campers or house trailers; f. Motor homes and motor vehicles designed, constructed or used to provide temporary movable living quarters; or g. Slip-in camper tops attached or detached from pick-up trucks. Motorized or non-motorized; includes but is not limited to boats, boat trailers, travel trailers, pick- up campers and coaches, tent campers, tent trailers, canoes, motor homes, jet skies, all-terrain vehicles, go-karts, mud trucks, stock cars, stock car trailers, buses, snowmobiles, snowmobile trailers, jet ski trailers, truck toppers, and enclosed box trailers, whether occupied or not with equipment or vehicles, and all trailers designed for or frequently used to transport any of the above. X-C-01 4 SEMI-TRAILER. SEMI-TRAILER. As defined in Minnesota Statutes § 168.002 subd. 30. means a vehicle of the trailer type so designed and used in conjunction with a truck-tractor that a considerable part of its own weight or that of its load rests upon and is carried by the truck-tractor and includes a trailer drawn by a truck-tractor semi-trailer combination. SPECIFIC AREA. One part or piece of a larger surface or assembly. TRAILER. Trailer means any vehicle designed for carrying property or passengers on its own structure and for being drawn by a motor vehicle. As defined in Minnesota Statutes § 168.002 subd. 35. TRUCK-TRACTOR. Also known as a TRACTOR-TRAILER, a TRUCK-TRACTOR is a motor vehicle designed and used primarily for drawing other vehicles and not constructed to carry a load other than a part of the weight of the vehicle and load drawn. As defined in Minnesota Statutes § 168.002 subd. 38. VAN. Any vehicle of box-like design with no barrier or separation between the operators and the remainder of the cargo-carrying area, and with a manufacturers nominal rated capacity of 3/4 tons or less. As defined in Minnesota Statutes § 168.002 subd. 40. VEHICLE. Any motor vehicle, passenger vehicle, recreational vehicle/equipment or commercial vehicle/equipment. As defined in Minnesota Statutes § 168A.01 subd. 24. VIOLATION NOTICE. Notice in writing given to the owner of record of a violation of the City of Hastings Property Maintenance Ordinance. 158.03 Enforcement A. Enforcement. Enforcement and inspections shall be conducted pursuant to City Code § 10.20. The Hastings City Council shall authorize the Inspections and Code Enforcement staff as assigned by the Supervisor of Inspections and Code Enforcement to enforce this chapter under the title of Property Maintenance Inspector. Inspections. The Property Maintenance Inspector shall make inspections and take any such action as may be required to enforce the provisions of this chapter. Right Of Entry. Whenever the Property Maintenance Inspector has reasonable cause to believe that there may exist in any building or on any property any condition that is in violation of this chapter, the Property Maintenance Inspector may enter the building or property at reasonable times to make inspections or to perform any duty required to administer said chapter. The Property Maintenance Inspector shall first present proper credentials and request entry. If the property is unoccupied the inspector shall mail notice to the owner of record by certified mail 7 days prior to inspection. If entry is refused the X-C-01 5 building inspector shall have recourse to every remedy provided by law to secure entry, including the right to secure a proper inspection warrant.Violations. Violations are considered a public nuisance and punishable pursuant to City Code § 95.97, or any other alternative methods of enforcement authorized by this Code. When a property or building is in violation of this ordinance, the property owner of record shall be issued a Notice of Violation and Compliance Order in writing to include the following information: 1. A description of the property sufficient for identification. 2. Description of the violation(s) and the action required to remedy the violation(s). 3. Provision of reasonable time to perform any remedy to be completed. 4. Notice of any action that may be taken by the city if repairs are not made in a reasonable time period. 5. Notice of any right of appeal. B. Appeals. Any person aggrieved by a violation notice and order to make repairs to property shall have the right to appeal. The Board may uphold the violation; void all violations; or, change any described violation by adding violations, removing violations or changing the order to repair. C.B. Appeal Procedure. Any property owner or owner’s agent that has been served with a violation notice and an order to repair shall have the right to appeal the order to the Board of Appeals and Adjustments within 20 days after receiving the compliance order. All appeals shall be made to the Supervisor of Inspections and Code Enforcement in writing with any information to substantiate the appeal. The appeal shall be considered by the Board of Appeals and Adjustments under provisions established for consideration of the appeals under § 30.02. 158.04 P158.04 Property Maintenance Requirements a.A. Abandoned And Non-operational Motor Vehicles. It is unlawful to park or store on any property within the city any abandoned or non-operational or unlicensed motor vehicle, unless housed within a building which complies with City Code. See City Code § 32.04. B. Parking And Storage Of Vehicles. The outside parking and storage on property of large numbers of vehicles and vehicles, materials, supplies or equipment not customarily used for residential purposes in violation of the requirements set forth below is declared to be a public nuisance because it: obstructs views on streets and private property; creates cluttered and otherwise unsightly areas; prevents the full use of residential streets for residential parking; introduces commercial advertising signs into areas where commercial advertising signs are otherwise prohibited; decreases adjoining landowners’ and occupants’ enjoyment of their property and neighborhood; and otherwise adversely affects property values and neighborhood patterns. 1. Purpose. The purpose of this section is to preserve and protect residential districts from the intrusion of objects of a size and appearance as to cause interference with sight lines, access to structures by emergency vehicles and personnel, unsightly clutter and to prevent visual obstruction that is inconsistent with the intent of the provisions of the zoning and subdivision ordinances. X-C-01 6 b. Number of Vehicles. 1.2.It is unlawful to park or store on a residential lot, outside of a building that complies with city code, vehicles in excess of the amount permitted by this division. a. IIn the Agricultural, R-1, and R-1L Zoned Residential Districts, it is unlawful to park or store more than a combined total of 5 vehicles outside of a structure on a lot. Of these 5 no more than 2 may be of the recreational vehicle/equipment category or the commercial vehicle/equipment category, combined. a. b. In all other Zoning DistrictsDistricts, it is unlawful to park or store on a residential lot more than a combined total of 3 vehicles per residential dwelling unit outside of an enclosed structure on any lot. Of these 3, only 1 may be of the recreational vehicle/equipment or commercial vehicle/equipment category. 2. 3. For those vehicles allowed in this division, the following conditions shall apply: 3. a. In all residential zoning districts, no vehicle shall be parked in a front yard or in a side yard that is adjacent to a street unless parked on an asphalt or concrete surface. a. No recreational vehicle/equipment or commercial vehicle/equipment shall be parked or stored at the street end of a driveway within the boulevard portion of the public right-of-way. b. b.c. No more than 1 currently licensed recreational vehicle/equipment or commercial vehicle/equipment may be parked in a driveway on a residential lot and it must also be 8 feet or less in height. c.d. One currently licensed recreational vehicle/equipment or commercial vehicle/equipment may be parked on the lot behind the nearest portion of the building closest to a street. d.e. No motor vehicles, passenger vehicles, recreational vehicles/equipment or commercial vehicles/equipment shall be used for the purpose of a residence and/or housekeeping, in any zoning district, unless approved by the City. e.f. Except as provided in (B)(43)(b) above, no commercial vehicles/equipment may be parked or stored on a residential lot outside of a structure, except while work is being performed at the property. g. Except as provided in (B)(43)(b) above, recreational vehicles/equipment can be parked in a driveway for a period not to exceed 72 hours for the purpose of loading and unloading. X-C-01 7 h. No more than one non-oversized (less than 25 feet, as measured from the tongue to the rear) travel camper, house trailer, motor home, motor vehicle designed, constructed or used to provide temporary movable living quarters or slip-in camper top attached or detached from a pick-up truck may be parked or stored on single- family residential property. i. No more than one non-oversized (less than 20 feet, as measured from the tongue to the rear) noncommercial utility trailer or trailer for the transportation of boats, canoes, snowmobiles and ATVs or other such similar vehicle may be parked or stored on single-family residential property. j. No recreational vehicle shall be permanently affixed to the parking surface in a manner that would prevent its removal. k. All recreational vehicles shall be in good, operable condition and properly licensed for operation. l. All recreational vehicles shall be registered to the property owner or occupant on which the recreational vehicles are stored. m. Noncommercial utility trailers that are loaded with a boat, snowmobile, ATV or similar vehicle shall be counted as one recreational vehicle (trailer plus vehicle) for purposes of calculating the total number of vehicles per premises. f. c.b. Storage Of Miscellaneous Materials And Equipment. 1. ScreenedNo Unsheltered Storage. All miscellaneous materials and equipment not enclosed within an approved shelter or approved cover, shall be fully screened so as not to be visible from adjoining properties shall comply with City Code §95.25. 2. Exceptions. Hot tubs, clothes lines, playground type equipment, construction, agricultural, landscaping materials or equipment currently being used to perform work on the premises. d.c. Grass And Weeds On Public or Private Property. 1. It is unlawful for any owner, occupant or agent of any lot or parcel of land in the city to allow any vegetation such as weeds or grass growing upon any such lot or parcel or land to grow to a height greater than 12 inches or to allow such weeds or grass to go to seed. 2. If any such owner, occupant or agent fails to comply with this height limitation and after notice given by the Property Maintenance Inspector, or his or her agent, has not complied within 72 hours of such notice, the city shall cause such weeds or grass to be cut and the expenses thus incurred shall be a lien upon such real estate. The city shall certify to the Dakota County Auditor, a statement of cost incurred by the city. Such amount, together with interest, shall be entered as a special assessment against such lot X-C-01 8 or parcel of land and shall be collected in the same manner as real estate taxes. 3. Property owners must also comply with City Code § 90.05 regarding Grass, Weeds and Trees in Street. 2. e.d. Trees, Brush, Shrubs On Public or Private Property. 1. Any tree, shrub or brush that grows against any building or fence which represents a hazard to the structural integrity of said building or fence shall be removed or trimmed to prevent damage. 2. Trees, tree limbs, brush or shrubs that are dead, damaged and hazardous by nature shall be removed and disposed of in a legal manner. 2.3.Property owners must also comply with City Code § 90.05 regarding Grass, Weeds and Trees in Street. f.e. Electrical Wires, Fixtures, And Devices On Private Property. 1. No electrical wires shall hang less than 10 feet above the ground or 12 feet from a driveway surface. 2. Loose hanging electrical fixtures, wires and devices shall be repaired, replaced or properly abandoned. g.f. Stormwater Runoff. Stormwater runoff from roofs, decks, yards and other surfaces shall drain so as not to represent a hazard to other properties or stain, discolor or degrade siding and other building surfaces. h.g.Repair And Maintenance Of Existing Buildings. All buildings within the city shall be maintained as indicated below. Existing uses shall comply with these provisions within 12 months following passage of this chapter. Buildings, fences and other structures that have been poorly maintained so that their physical condition and appearance detract from the surrounding neighborhood are declared to be a public nuisance because they are unsightly, decrease adjoining landowners and occupants’ enjoyment of their property and neighborhood and adversely affect property values. Owners of buildings, fences and other structures shall comply the following regulations: 1. All surfaces in general. a. All exterior surfaces shall be of material manufactured or processed specifically for use in weather exposed location. b. All surfaces must be kept reasonably weather tight and rodent proof. c. Exterior wood, not decay resistant by processed or natural means must be protected by paint, stain or other approved treatment and applied as approved for use by the manufacturer. d. Exterior surfaces shall be maintained free of cracks, tears, breaks from deterioration or neglect. e. Exterior protective surfaces on all buildings shall be maintained in good repair so as to provide a sufficient covering and protection of structural members, X-C-01 9 insulation and interior finishes. f. All visible rot shall be deemed deteriorated and must be replaced or repaired. 2. Roof, chimneys. a. Roofs shall be maintained in a weather tight and water proof condition. b. Loose, broken and missing roofing materials shall be repaired or replaced as per manufacturers’ recommendations. All repairs shall match original color, style and application as close as possible or as approved by the city. c. All roofing materials shall be applied to suitable base or sheathing according manufacturer’s recommendations. Rotted or deteriorated structural members and sheathing shall be replaced prior to the installation of roofing materials. d. Severely deteriorated roofing materials shall be replaced. When 25% or more of granule mineral surface coating is missing from the surface of asphalt roofing products, the roofing shall be considered severely deteriorated. d.e. Chimneys and air vents or similar projects must be structurally sound and in good repair. These projections must be properly secured. 3. Foundations. a. All foundations shall be constructed of materials that are resistant to rot such as: concrete, stone, brick or FDN .60 CCA retention preservative treated lumber to a point 6 inches above the finished grade. b. All foundations shall be maintained to support the intended loads. c. All foundations shall be repaired if any brick, stone, block or other component has fallen out or has deteriorated. d. All foundations shall be deemed out of repair if more than 20% of mortar is loose or has fallen out. e. All foundations shall be rodent proof and shall not have cracks more than 1/4 inch in width. 4. Exterior walls, soffit, fascia and trim. a. All surfaces shall be free of rot, damaged or missing pieces and shall provide complete weather protection. b. All exterior surfaces on which the paint has blistered, peeled, cracked, flaked, scaled or chalked away or has failed to provide a protective surface over any wall to an extent of 20% or more of surface area, including windows, doors, trim, rails, cornice, siding, fascia, soffit and other such areas shall be deemed to be out of repair and must be repainted with materials approved for use, applied per manufacturer’s recommendations. Patching of existing painted areas shall be matched in color as close as possible. c. All cornices, moldings, trim, sills, bay or dormer windows or similar projections must be kept in good repair. Any missing trim pieces shall be replaced to match existing materials trim. X-C-01 10 5. Exterior doors, windows. a. All exterior doors and windows shall be set square in secured frames and fully operable. Doors and windows may be secured in a closed position if not necessary for egress or fire escape. a.b. No glass, including windows and exterior light fixtures, may be broken or cracked. b.c. All broken, torn or missing glazing or screens shall be replaced in doors and windows with new glazing or screens. All broken or missing glazing in doors or areas subject to human impact shall be replaced with safety glass as approved by the Building Official or which meets UBC Standard No. c.d. Exterior paint must be maintained per as described herein. d.e. Exterior masonry or brick chimneys will be deemed to be out of repair if 10% or more of the pointing is loose, has fallen out or if any brick, masonry unit or stone is loose or fallen out. 6. Steps, sidewalks, porch, decks, etc. a. All exterior steps, porches, decks, and sidewalks (located on private property) shall be structurally sound and in good repair repaired with decay resistant materials unless protected by a roof. b. All rotted or missing materials shall be repaired. c. Steps, porches, and decks shall be repaired if settlement has occurred at a rate of 1/2 inch in 1 foot. d. Cracked or buckled sidewalks (located on private property) with 1 inch difference in height between must be repaired. e. Exterior paint must be maintained as per division (H)(4)(db). 7. Fences. a. Fences shall be deemed deteriorated if any of the following conditions occur: rotted, missing or broken parts, if they are unstable leaning or failed paint over more than 20% of any fence surface. b. Existing fences shall not be constructed with materials designed to cause an injury such as fencing charged with electricity or barbwire. c. Fences may not cause a hazard by blocking a drivers view of an oncoming vehicle or pedestrian. 158.99 Penalty A. Any person who shall violate any of the provisions of this chapter hereby adopted or fail to comply therewith, or shall violate or fail to comply with any order made thereunder, or who shall build in violation of any detailed statement of specifications or plans submitted and approved thereunder, and from which no appeal has been taken, modified by the Board of Appeals or by a court of competent jurisdiction, within the time fixed herein, shall separately for each and every violation and non-compliance, respectively, be guilty of a X-C-01 11 misdemeanor. The imposition of 1 penalty for any violation shall not excuse the violation or permit it to continue; and, all such persons shall be required to correct or remedy such violation or defects within a reasonable time; and, when not otherwise specified, each day that prohibited conditions are maintained shall constitute a separate offense. B. The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions. SECTION 4. SUMMARY PUBLICATION. Pursuant to Minnesota Statutes Section 412.191, in the case of a lengthy ordinance, a summary may be published. While a copy of the entire ordinance is available without cost at the office of the City Clerk, the following summary is approved by the City Council and shall be published in lieu of publishing the entire ordinance. The text amendment adopted by the Hastings City Council on , 2022 modifies the City Ordinance to SECTION 5. EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its passage and publication according to law. Passed this day of , 2022. Mary Fasbender, Mayor Attest: Kelly Murtaugh, City Clerk Published in the _________ on [Date]. X-C-01 1 ORDINANCE NO. XXX AN ORDINANCE FOR THE CITY OF HASTINGS, MINNESOTA, AMENDING CH. 34, SECTION 34.03 FEE SCHEDULE The City Council of the City of Hastings, Dakota County, Minnesota, does hereby ordain as follows: SECTION 1. AMENDMENT. The Code of the City of Hastings, County of Dakota, State of Minnesota, Chapter 34.03 Fee Schedule, is hereby amended by adding the following fees: Administrative Citation Fine Schedule City Code Section Description of Violation Penalty Amount 1 City Code §§ 50, 51 General Provisions, Utilities (i.e. sewer, water, trash) $200 City Code §§ 30.02, 30.03, 154, 155 Failure to obtain a Zoning or Subdivision permit or violations of approved Zoning or Subdivision permit $500 City Code § 32.04 Inoperable or Abandoned Motor Vehicles $200 City Code §§ 70, 71 Traffic or parking violations $50 City Code § 90.04 Ice and Snow on Public Sidewalks $50 City Code § 90.05 Grass, Weeds and Trees in Streets $100 City Code § 91 Animal violations (i.e. running at large, too many, improper shelter) but not including license violations or dangerous dog violations $50 City Code § 91 Animal license violations but not including dangerous dog violations $75 City Code § 91.30 All Dangerous Dog violations $500 City Code §§ 92, 110 All violations involving business license or permit violations $500 City Code § 93 Fire Code violations $100 City Code § 95 All Public Nuisance violations $200 City Code § 150 Construction regulations $200 City Code §§ 150, 156, 157, 158 Construction regulations involving hazardous conditions $500 City Code §§ 154, 155 All general Zoning or Subdivision Regulation violations $200 X-C-01 2 City Code § 157 Maintenance Code for Rental Residential Properties $500 City Code § 158 Property Maintenance Violations - Single-Family Residential $200 City Code § 158 Property Maintenance Violations - Multi-Family or Commercial Properties/Uses $500 City Code §10.25 Appeal Filing Fee $100 General Except as otherwise stated herein, all other violations of City Code or Zoning Ordinance $200 1 For repeat violations within 12 months, the amount of the fine imposed for the most recent violation will be doubled, up to a maximum of $2,000 SECTION 2. SUMMARY PUBLICATION. Pursuant to Minnesota Statutes Section 412.191, in the case of a lengthy ordinance, a summary may be published. While a copy of the entire ordinance is available without cost at the office of the City Clerk, the following summary is approved by the City Council and shall be published in lieu of publishing the entire ordinance. The text amendment adopted by the Hastings City Council on , 20___ modifies the City Ordinance to SECTION 3. EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its passage and publication according to law. Passed this day of , 20___. Mary Fasbender, Mayor Attest: Kelly Murtaugh, City Clerk Published in the _________ on [Date]. X-C-01 1 ORDINANCE NO. XXX AN ORDINANCE FOR THE CITY OF HASTINGS, MINNESOTA, REPEALING AND REPLACING CITY CODE SECTION 91.30 REGARDING DANGEROUS DOGS The City Council of the City of Hastings, Dakota County, Minnesota, does hereby ordain as follows: SECTION 1. REPEAL AND REPLACE. The Code of the City of Hastings, County of Dakota, State of Minnesota, Chapter 91, Section 91.30 Dangerous Dogs shall be repealed and replaced as follows: 91.30 Regulation of Dangerous or Potentially Dogs A. Adoption by reference. Except as otherwise provided in this section, the regulatory and procedural provisions of Minn. Stat. §§ 347.50 to 347.565, as they may be amended from time to time (commonly referred to as the “dangerous dog regulations”) are adopted by reference. B. Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning. DANGEROUS DOG. A dog that: 1. Has when unprovoked, inflicted substantial bodily harm on a human being on public or private property; 2. Has killed a domestic animal when unprovoked while off the owner’s property; 3. Has attacked one or more persons on two or more occasions; or 4. Has been found to be potentially dangerous and after the owner has notice of the same, the dog aggressively bites, attacks or endangers the safety of humans or domestic animals. DOG. Both the male and female of the canine species commonly accepted as domesticated household pets. GREAT BODILY HARM. Bodily injury which creates a high probability of death, or which causes serious permanent disfigurement, or which causes a permanent or protracted loss or impairment of the function of any bodily member or organ or other serious bodily harm. OWNER. Any person or persons, firm, corporation, organization, department or association owning, possessing, harboring, keeping, having an interest in, or having care, custody or control of a dog. MAINTENANCE COSTS. Any costs incurred as a result of seizing an animal for impoundment, including, but not limited to, the capturing, impounding, keeping, treating, X-C-01 2 examining, securing, confining, feeding, destroying, boarding or maintaining seized animals, whether these services are provided by the city or the pound. POTENTIALLY DANGEROUS DOG. A dog that: 1. Has when unprovoked, inflicted a bite on a human or domestic animal on public or private property; 2. Has when unprovoked, chased or approached a person, including a person on a bicycle, upon the streets, sidewalks or any public or private property, other than the owner’s property, in an apparent attitude of attack; or 3. Has a known propensity, tendency or disposition to attack unprovoked, causing injury or otherwise threatening the safety of humans or domestic animals. PROPER ENCLOSURE. Securely confined indoors or in a securely enclosed and locked pen or structure suitable to prevent the dog from escaping and to provide protection for the dog from the elements. A PROPER ENCLOSURE does not include a porch, patio or any part of a house, garage or other structure that would allow the dog to exit of its own volition, or any house or structure in which windows are open or in which door or window screens are the only barriers which prevent the dog from exiting. The enclosure shall not allow the egress of the dog in any manner without human assistance. A pen or kennel shall meet the following minimum specifications: 1. A minimum overall floor size of 32 square feet; 2. Sidewalls shall have a minimum height of five feet and be constructed of 11-gauge or heavier wire. Openings in the wire shall not exceed two inches, support post shall be one and one-fourth inch or larger steel pipe buried in the ground 18 inches or more. When a concrete floor is not provided, the sidewalls shall be buried a minimum of 18 inches in the ground; 3. A cover over the entire pen or kennel shall be provided. The cover shall be constructed of the same gauge wire or heavier as the sidewalls and openings in the wire shall not exceed two inches; and 4. An entrance/exit gate shall be provided and be constructed of the same material as the sidewalls and openings in the wire shall not exceed two inches. The gate shall be self-closing and self-locking. The gate shall be locked at all times when the dog is in the pen or kennel. SUBSTANTIAL BODILY HARM. Bodily injury that involves a temporary but substantial disfigurement, or that causes a temporary but substantial loss or impairment of the function of any bodily member or organ or that causes a fracture of any bodily member. UNPROVOKED. The condition in which the dog is not purposely excited, stimulated, agitated or disturbed. C. Declaration of dangerous or potentially dangerous dog. X-C-01 3 1. A police officer, community service officer, animal control officer or other authorized city employee may declare a dog to be dangerous or potentially dangerous when the officer has probable cause to believe that a dog is dangerous or potentially dangerous. The following factors will be considered in determining a dangerous or potentially dangerous dog: a. Whether any injury or damage to a person by the dog was caused while the dog was protecting themselves, defending a person, or the protecting dog’s offspring within the immediate vicinity of the dog from an unjustified attack or assault; b. The size and strength of the dog, including jaw strength, and the animal’s propensity to bite humans or other domestic animals; and c. Whether the dog has wounds, scarring, is observed in a fight, or has other indications that the dog has been or will be used, trained or encouraged to fight with another animal or whose owner is in possession of any training apparatus, paraphernalia or drugs used to prepare such dogs to fight with other animals. 2. Beginning six months after a dog is declared dangerous or potentially dangerous, an owner may request annually that the city review the designation. The owner must provide evidence that the dog’s behavior has changed due to the dog’s age, neutering, environment, completion of obedience training or other factors. If enough evidence is provided, the city may rescind the designation. 3. After a dog is declared dangerous or potentially dangerous, the provisions of 91.30 (D)- (O) shall apply. 4. Quarantine. Any dog that has bitten a person or is believed to have bitten a person shall immediately be impounded for at least 10 days and kept apart from other animals, under the supervision of a veterinarian, until it is determined whether the animal had or has a disease which might have been transmitted by the bite. The impounding may be done by the owner, under the supervision of a veterinarian, and need not be at a shelter designated by the city, but if it is not at the City designated shelter, the owner shall notify the City Animal Control Officer or the Police Department immediately and shall furnish proof in writing where the dog is being impounded. After 10 days, if it is determined the dog does not have a disease which might have been transmitted by the bite, it may be released upon approval of the Animal Control Officer or Police Department. a. Any dog which is not quarantined as required by this subdivision, is subject to immediate seizure by the City. b. Any dog which has been bitten or otherwise exposed by a rabid animal shall be humanely euthanized or quarantined for 6 months. A dog may be released from quarantine after 40 days if: 1. The dog had been vaccinated for rabies at least 21 days and no longer than 1 year, before the bite; 2. The dog has been re-vaccinated for rabies immediately after the bite. The 40-day period begins on the date of the re-vaccination; X-C-01 4 3. The required written report is sent to the Minnesota Board of Animal Health; and 4. The owner of the dog notifies the city’s animal control officer or Hastings Police Department before the dog is released from quarantine. c. The dog’s owner is responsible for all costs incurred in confining, impounding, and disposing of any dog quarantined under this section. 5. Exceptions: a. The provisions of this section do not apply to dogs used by law enforcement; and b. Dogs may not be declared dangerous or potentially dangerous if the threat, injury or danger was sustained by a person who was: i. Committing a willful trespass or other tort upon the premises occupied by the owner of the dog; ii. Provoking, tormenting, abusing or assaulting the dog, or who can be shown to have a history of repeatedly provoking, tormenting, abusing or assaulting the dog; or iii. Committing or attempting to commit a crime. D. License required. The owner must obtain an annual license for the dog as a dangerous dog or potentially dangerous dog. Newly declared dangerous or potentially dangerous dogs must be licensed within 14 days after notice that a dog has been declared dangerous or potentially dangerous. Regardless of any appeal that may be requested, the owner must comply with the requirements of Minn. Stat. § 347.52(a) and (c), as they may be amended from time to time, regarding proper enclosures and notification to the city upon transfer or death of the dog, until and unless a hearing officer or court of law reverses the declaration. No other dog license (i.e. life-time) shall be issued for a dangerous dog or potentially dangerous dog. 1. Dangerous Dog Licenses Requirements. The city will issue a dangerous dog license to the owner of a dangerous dog if the owner presents sufficient evidence that: a. There is a proper enclosure; b. Written proof that there is a surety bond by a surety company authorized to conduct business in the state in the sum of at least $300,000, payable to any person injured by a dangerous dog, or receipt of a copy of a policy of liability insurance issued by an insurance company authorized to do business in the state in the amount of at least $300,000, insuring the owner for any personal injuries inflicted by the dangerous dog. The surety bond or insurance policy shall provide that no cancellation of the bond or policy will be made unless the city is notified in writing by the surety company or the insurance company at least ten days prior to the cancellation; c. The owner has paid the annual license fee for a dangerous dog; X-C-01 5 d. The owner has had a microchip identification implanted in the dangerous dog. The name of the microchip manufacturer and identification number of the microchip must be provided to the city. If the microchip is not implanted by the owner, it may be implanted by the city at the owner’s expense; and e. The owner provides proof that the dog has been sterilized. If the owner does not sterilize the dog within 30 days, the city may seize the dog and sterilize it at the owner’s expense. 2. Potentially Dangerous Dog License Requirements. The city will issue a potentially dangerous dog license to the owner of a potentially dangerous dog if the owner presents sufficient evidence that: a. There is a proper enclosure; b. The owner has paid the annual license fee for a potentially dangerous dog; and c. The owner has had a microchip identification implanted in the potentially dangerous dog. The name of the microchip manufacturer and identification number of the microchip must be provided to the city. If the microchip is not implanted by the owner, it may be implanted by the city at the owner’s expense. 3. Pre-License Inspections for Dangerous and Potentially Dangerous Dog License. A pre- license inspection of the premises to ensure compliance with the city code is required for dangerous dogs and potentially dangerous dogs. If the city issues a license to the owner of a dangerous or potentially dangerous dog, the city shall be allowed at any reasonable time to inspect the dog, the proper enclosure and all places where the animal is kept. 4. Post-License Requirements for Dangerous Dogs. a. Warning symbol. The owner of a dangerous dog licensed under this section must post a sign with the uniform dangerous dog warning symbol on the property in order to inform children that there is a dangerous dog on the property. The sign will be provided by the city upon issuance of the license. b. Tags. A dangerous dog licensed under this section must wear a standardized, easily identifiable tag at all times that contains the uniform dangerous dog symbol, identifying the dog as dangerous. The tag shall be provided by the city upon issuance of the license. E. Properly restrained in proper enclosure or outside of proper enclosure for dangerous dogs and potentially dangerous dogs. While on the owner’s property, an owner of a dangerous or potentially dangerous dog must keep it in a proper enclosure. Inside a residential home, there must be a secured area maintained where the dog will stay when persons other than family members are present. If the dog is outside the proper enclosure, the dog must be muzzled and restrained by a substantial chain or leash no longer than four feet and under the physical restraint of an adult. The muzzle must be made in a manner that will prevent X-C-01 6 the dog from biting any person or animal but that will not cause injury to the dog or interfere with its vision or respiration. F. Notification requirements to city. 1. Relocation or death. The owner of a dog that has been declared dangerous or potentially dangerous must notify the City Clerk or Police Department in writing if the dog is to be relocated from its current address or if the dog has died. The notification must be given in writing within 30 days of the relocation or death. The notification must include the current owner’s name and address, and the new owner’s name and the relocation address. If the relocation address is outside of the city, the city may notify the local law enforcement agency of the transfer of the dog into its jurisdiction. 2. Renter’s obligations. A person who owns or possesses a dangerous or potentially dangerous dog and who will rent property from another where the dog will reside must disclose to the property owner prior to entering the lease agreement and at the time of any lease renewal periods that the person owns or possesses a dangerous or potentially dangerous dog that will reside at the property. A dog owner, who is currently renting property, must notify the property owner within 14 days of city notification if the owned dog is newly declared as dangerous or potentially dangerous and the owner keeps the dog on the property. 3. Transfer of ownership into the city. No dog that has been previously determined to be dangerous or potentially dangerous by another jurisdiction shall be kept, owned or harbored in the city, unless the dog’s owner complies with the requirements of this section prior to bringing the dog into the city. Dogs in violation of this section are subject to impoundment and destruction. G. Seizure. The city may immediately seize any dangerous or potentially dangerous dog if: 1. After 14 days after the owner has notice that the dog is declared dangerous or potentially dangerous, the dog is not validly licensed and no appeal has been filed; 2. After 14 days after the owner has notice that the dog is dangerous, the owner does not secure the proper liability insurance or surety coverage as required or such required insurance is cancelled; 3. The dog is not maintained in a proper enclosure; 4. The dog is outside the proper enclosure and not under proper restraint, as required by subdivision (E) above; 5. After 30 days after the owner has notice that the dog is dangerous, the dog is not sterilized, as required by subdivision (D)(1)(e) above; and 6. The dog’s microchip has been removed. H. Reclamation. A dog seized under subdivision (G) above may be reclaimed by the owner of the dog upon payment of maintenance costs, and presenting proof to the city that the requirements of this section have been met. A dog not reclaimed under this subdivision (H) within seven days may be disposed of and the owner will be liable to the city for maintenance costs. A person claiming an interest in a seized dog may prevent disposition of the dog by posting a security in an amount sufficient to provide for the dog’s X-C-01 7 maintenance costs. The security must be posted with the city within seven days of the seizure inclusive of the date seized. I. Subsequent offenses: seizure. If a person has been convicted of violating a provision of this section, and the person is charged with a subsequent violation relating to the same dog, the dog may be seized. If the owner is convicted of the crime for which the dog was seized, the court may order that the dog be destroyed in a proper and humane manner and the owner pay the maintenance costs. If the owner is not convicted and the dog is not reclaimed by the owner within seven days after the owner has been notified that the dog may be reclaimed, the dog may be disposed of, used for research or destroyed. J. Notice; hearings. 1. Notice. After a dog has been declared dangerous or potentially dangerous or has been seized for destruction, the city shall give notice by delivering or mailing it to the owner of the dog, or by posting a copy of it at the place where the dog is kept, or by delivering it to a person residing on the property, and telephoning, if possible. The notice shall include: a. A description of the seized dog; the authority for and purpose of the declaration and seizure; the time, place and circumstances under which the dog was declared; and the telephone number and contact person where the dog is kept; b. A statement that the owner of the dog may request a hearing concerning the declaration and that failure to do so within 14 days of the date of the notice will terminate the owner’s right to a hearing; c. A statement that if an appeal request is made within 14 days of the notice, the owner must immediately comply with the requirements of Minn. Stat. § 347.52(a) and (c), as they may be amended from time to time, regarding proper enclosures and notification to the city upon transfer or death of the dog, until such time as the hearing officer issues an opinion; d. A statement that if the hearing officer affirms the dangerous dog declaration, the owner will have 14 days from receipt of that decision to comply with all other requirements of Minn. Stat. §§ 347.51, 347.515 and 347.52, as they may be amended from time to time; e. A form to request a hearing; and f. A statement that if the dog has been seized, all maintenance costs of the care, keeping and disposition of the dog pending the outcome of the hearing are the responsibility of the owner, unless a court or hearing officer finds that the seizure or impoundment was not reasonably justified by law. 2. Right to hearing. a. After a dog has been declared dangerous, potentially dangerous or has been seized for destruction, the owner may appeal in writing to the city within 14 days after notice of the declaration or seizure. Failure to do so within 14 days X-C-01 8 of the date of the notice will terminate the owner’s right to a hearing. The owner must pay a $200 non-refundable filing fee for an appeal hearing. b. The appeal hearing will be held before a hearing officer, pursuant to the process outlined in City Code §10.25 C.1-C.2 for Administrative Citations. K. Destruction of certain dogs. The Police Chief and/or hearing officer are authorized to order the destruction or other disposition of any dog, after proper notice is given pursuant to subdivision J.1. above and upon a finding that: 1. The dog has habitually destroyed property or habitually trespassed in a damaging manner on property of persons other than the owner; 2. The dog has been declared dangerous, the owner’s right to appeal hereunder has been exhausted or expired and the owner has failed to comply with the provisions of this section; 3. It is determined that the dog is infected with rabies; 4. The dog inflicted substantial or great bodily harm on a human on public or private property without provocation; 5. The dog inflicted multiple bites on a human on public or private property without provocation; 6. The dog bit multiple human victims on public or private property in the same attack without provocation; 7. The dog bit a human on public or private property without provocation in an attack where more than one dog participated in the attack; or 8. The dog poses a danger to the public’s health, safety or welfare. In determining whether the dog poses a danger to the public’s health, safety or welfare, the following factors may be considered: a. The dog weighs more than 20 pounds; b. The strength of the dog, including jaw strength; c. The dog’s tolerance for pain; d. The dog’s tendency to refuse to terminate an attack; e. The dog’s propensity to bite humans or other domestic animals; f. The dog’s potential for unpredictable behavior; g. The dog’s aggressiveness; and h. The likelihood that a bite by the dog will result in serious injury. L. Concealing of dogs. No person may harbor, hide or conceal a dog that the city has the authority to seize or that has been ordered into custody for destruction or other proper disposition. M. Dog ownership prohibited. 1. Except as provided below, a person shall not own a dog if the person has been: X-C-01 9 a. Convicted of a third or subsequent violation of subdivisions (D), (E) or (F) above or similar ordinance in another jurisdiction, or Minn. Stat. §§ 347.51, 347.515 or 347.52, as they may be amended from time to time; b. Convicted of second degree manslaughter due to negligent or intentional use of a dog under Minn. Stat. § 609.205(4), as it may be amended from time to time; or c. Convicted of gross misdemeanor harm caused by a dog under Minn. Stat. § 609.226(1), as it may be amended from time to time. 2. Any person who owns a dangerous or potentially dangerous dog and is found to be in violation of any of the provisions of this section or had owned a dangerous or potentially dangerous dog but never achieved compliance with this section may be prohibited from ownership or custody of another dog for a period of five years after the original declaration. Any dog found to be in violation, may be impounded until due process is completed, pursuant to subdivision (J) above. 3. If any member of a household is prohibited from owning a dog in subdivisions (M)(1) or (M)(2) above, unless specifically approved with or without restrictions by the city, no person in the household is permitted to own a dog. N. Dog ownership prohibition review. 1. Beginning three years after a conviction under subdivision (M)(1) above that prohibits a person from owning a dog, and annually thereafter, the person may request in writing to the Police Chief that the city review the prohibition. 2. The city may consider such facts as the seriousness of the violation or violations that led to the prohibition, any criminal convictions, or other facts that the city deems appropriate. The city may rescind the prohibition entirely or rescind it with limitations. The city also may establish conditions a person must meet before the prohibition is rescinded, including, but not limited to, successfully completing dog training or dog handling courses. 3. If the city rescinds a person’s prohibition and the person subsequently fails to comply with any limitations imposed by the city or the person is convicted of any animal violation involving unprovoked bites or dog attacks, the city may permanently prohibit the person from owning a dog in this state. O. Penalties. 1. Unless stated otherwise, any person who violates a provision of this section is guilty of a misdemeanor. 2. Any person who is convicted of a second or subsequent violation of any provision of subdivisions (D), (E) or (F) above is guilty of a gross misdemeanor. 3. Any person who violates subdivision (M) above, whether an owner or household member, is guilty of a gross misdemeanor. SECTION 2. SUMMARY PUBLICATION. Pursuant to Minnesota Statutes Section 412.191, in the case of a lengthy ordinance, a summary may be published. While a copy of the X-C-01 10 entire ordinance is available without cost at the office of the City Clerk, the following summary is approved by the City Council and shall be published in lieu of publishing the entire ordinance. The text amendment adopted by the Hastings City Council on , 2022 modifies the City Ordinance to SECTION 3. EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its passage and publication according to law. Passed this day of , 2022. Mary Fasbender, Mayor Attest: Kelly Murtaugh, City Clerk Published in the _________ on [Date]. X-C-01 ORDINANCE NO. XXX AN ORDINANCE FOR THE CITY OF HASTINGS, MINNESOTA, REPEALING SECTIONS REGARDING CRIMINAL PENALTIES, VIOLATIONS AND CITATIONS FOR VARIOUS CITY CODE SECTIONS The City Council of the City of Hastings, Dakota County, Minnesota, does hereby ordain as follows: SECTION 1. REPEAL. The Code of the City of Hastings, County of Dakota, State of Minnesota, Section 91.02. A. 2h. Violation and Penalty for Keeping of Goats shall be repealed. SECTION 2. REPEAL. The Code of the City of Hastings, County of Dakota, State of Minnesota, Section 93.98 Violations regarding Fire Alarm Systems and Installation shall be repealed. SECTION 3. REPEAL. The Code of the City of Hastings, County of Dakota, State of Minnesota, Section 94.98 Violations regarding Parks and Recreation shall be repealed. SECTION 4. REPEAL. The Code of the City of Hastings, County of Dakota, State of Minnesota, Section 111.98 Violations regarding Liquor Licenses shall be repealed. SECTION 5. REPEAL. The Code of the City of Hastings, County of Dakota, State of Minnesota, Section 114.99 Penalty regarding Adult Use Licenses shall be repealed. SECTION 6. REPEAL. The Code of the City of Hastings, County of Dakota, State of Minnesota, Section 151.98 Violations regarding Flood Plain Regulations shall be repealed. SECTION 7. REPEAL. The Code of the City of Hastings, County of Dakota, State of Minnesota, Section 152.09. G. 3. Appeal of Notice of Violation regarding Illicit Discharges and Connections shall be repealed. SECTION 8. REPEAL. The Code of the City of Hastings, County of Dakota, State of Minnesota, Section 152.98 Violations regarding Stormwater Management shall be repealed. SECTION 9. REPEAL. The Code of the City of Hastings, County of Dakota, State of Minnesota, Section 153.98 Violations regarding Shoreland Management shall be repealed. SECTION 10. REPEAL. The Code of the City of Hastings, County of Dakota, State of Minnesota, Section 154.98 Violations regarding Zoning Regulations shall be repealed. SECTION 11. REPEAL. The Code of the City of Hastings, County of Dakota, State of Minnesota, Section 157.14 Appeals; Right of Appeal regarding Structure Maintenance Code for Rental Residential Properties shall be repealed. X-C-01 SECTION 12. REPEAL. The Code of the City of Hastings, County of Dakota, State of Minnesota, Section 157.99. C. Penalty – Violation a Misdemeanor regarding Structure Maintenance Code for Rental Residential Properties shall be repealed. SECTION 13. REPEAL. The Code of the City of Hastings, County of Dakota, State of Minnesota, Section 158.99 Penalty regarding Property Maintenance shall be repealed. SECTION 14. REPEAL. The Code of the City of Hastings, County of Dakota, State of Minnesota, Section 130.13 Issuance of Citations regarding Public Protection, Crimes and Offenses shall be repealed. SECTION 15. REPEAL. The Code of the City of Hastings, County of Dakota, State of Minnesota, Section 130.98 Violations regarding Public Protection, Crimes and Offenses shall be repealed. SECTION 16. AMENDMENT . The Code of the City of Hastings, County of Dakota, State of Minnesota, Section 91.05 Restraint and Confinement regarding Animals shall be amended as follows: 91.05 Restraint and Confinement. It shall be unlawful for the dog or cat of any person who owns, harbors, or keeps a dog or cat, to run at large. A person, who owns, harbors, or keeps a dog or cat which runs at large shall be guilty of a misdemeanor subject to enforcement pursuant to City Code §10.99. Dogs or cats on a leash and accompanied by a responsible person or accompanied by and under the control and direction of a responsible person, so as to be effectively restrained by command as by leash, shall be permitted in streets or on public land unless the city has posted an area with signs reading “Dogs or Cats Prohibited.” SECTION 17. AMENDMENT . The Code of the City of Hastings, County of Dakota, State of Minnesota, Section 113.09 Citations and Fines shall be repealed and replaced as follows: 113.09 Citations And Penalties. Violations of this Chapter shall be deemed to be a public nuisance subject to an administrative citation pursuant to City Code Section 10.25 or any other enforcement action pursuant to City Code Section 10.99, or suspension or revocation of the license. SECTION 18. SUMMARY PUBLICATION Pursuant to Minnesota Statutes Section 412.191, in the case of a lengthy ordinance, a summary may be published. While a copy of the entire ordinance is available without cost at the office of the City Clerk, the following summary is approved by the City Council and shall be published in lieu of publishing the entire ordinance. The text amendment adopted by the Hastings City Council on , 2022 modifies the City Ordinance to SECTION 19. EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its passage and publication according to law. X-C-01 Passed this day of , 2022. Mary Fasbender, Mayor Attest: Kelly Murtaugh, City Clerk Published in the _________ on [Date]. X-C-01 City Council Memorandum To: Mayor Fasbender and City Council From: John Hinzman, Community Development Director Date: April 4, 2022 Item: Resolution: Site Plan - Public Works Storage Building - 1225 Progress Drive Council Action Requested: Adopt the attached resolution granting Site Plan approval for construction of a +/- 11,200 storage building at the Public Works Department campus located at 1225 Progress Drive. A simple majority is necessary for action. Background Information: Construction of the storage building is prompted by sale and development of the former UBC Lumber Building for the Stencil Apartment Project. The City Council awarded the contract for construction on March 21st Financial Impact: Total cost of the building is estimated at $1.15 million dollars Advisory Commission Discussion: The Planning Commission voted 6-1 (nay - Matzke) to recommend approval of the Site Plan at the March 28, 2022 meeting, after a brief discussion of stormwater discharge from the site. No one from the public spoke for or against the item during the meeting Council Committee Discussion: N\A Attachments: • Resolution: Site Plan • Planning Commission Staff Report - March 28, 2022 X-C-02 HASTINGS CITY COUNCIL RESOLUTION NO._________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS GRANTING SITE PLAN APPROVAL TO CONSTRUCT A STORAGE BUILDING AT THE PUBLIC WORKS CAMPUS LOCATED AT 1225 PROGRESS DRIVE. Council member ___________________________ introduced the following Resolution and moved its adoption: WHEREAS, the City of Hastings has petitioned for Site Plan approval to construct +/- 11,200 s.f. storage building at the Public Works Campus located at 1225 Progress Drive, legally described as Lot 2, Block 1, PROFILE ADDITION, Dakota County, Minnesota; and WHEREAS, on March 28, 2022 review was conducted before the Planning Commission of the City of Hastings, as required by state law, city charter, and city ordinance; and WHEREAS, The Planning Commission recommended approval of the request subject to the conditions hereunder; and WHEREAS, The City Council has reviewed the request and 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 Site Plan as presented subject to the following conditions: 1. Conformance with the plans submitted with the City Council Staff Report dated April 4, 2022 2. Final approval of the Grading, Drainage, Erosion Control, and Utility Plans by the Public Works Director. 3. All disturbed areas on the property shall be stabilized with rooting vegetative cover to eliminate erosion control problems. X-C-02 4. Disturbed areas of the site shall be maintained to the requirements of the City’s property maintenance ordinance. 5. Approval is subject to a one-year Sunset Clause; if significant progress is not made towards the proposal within one year of City Council approval, the approval is null and void. 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 April 4, 2022, by the following vote: Ayes: Nays: Absent: ATTEST: __________________________ Mary Fasbender, Mayor (City Seal) ________________________________ Kelly Murtaugh, City Clerk I HEREBY CERTIFY that the above is a true and correct copy of resolution presented to and adopted by the City of Hastings, County of Dakota, Minnesota, on the 4th day of April 2022, 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 (JH) 101 4th St. E. Hastings, MN 55033 X-C-02 To: Planning Commissioners From: John Hinzman, Community Development Director Date: March 28, 2022 Item: City of Hastings - Site Plan #2022-26 - Public Works Storage Building - 1225 Progress Drive Planning Commission Action Requested Review and recommend action on the Site Plan application of the City of Hastings to erect a 11,200 s.f. storage building at the Public Works campus located at 1225 Progress Drive. BACKGROUND INFORMATION Comprehensive Plan The property is guided Industrial within the 2040 Comprehensive Plans. The proposed use is consistent with the Comprehensive Plan. Zoning The property is currently zoned I-1 Industrial Park. The planned use is a permitted use within the I-1 District. Existing Condition The site is relatively flat and treeless and contains a small storage building that will be removed. Adjacent Zoning and Land Use The following land uses abut the property: Direction Use Comp Plan District Zoning District North Progress Drive Industrial Warehouse Building Industrial I-1 Industrial Park East Ravenna Trail Rivertown Dog Park Park I-1 Industrial Park South Vermillion River City Open Space Park P-I - Public Institution West Public Works Building Industrial I-1 Industrial Park Planning Commission Memorandum X-C-02 History The site has housed public works facilities for many years. A large expansion to the existing Public Works Building occurred in 2007. Construction of the storage building is prompted by sale and development of the former UBC Lumber Building for the Stencil Apartment Project. Shoreland Ordinance The site is located within 300 feet of the Vermillion River and subject to Shoreland Management Ordinance Requirements. The Public Works campus is located approximately 60 feet above the ordinary high water level of the Vermillion River. Development will not encroach any closer to the river or bluff line. The plan is consistent with the requirements of the Shoreland Management Ordinance. SITE PLAN REVIEW Request Construction of 11,200 s.f. storage building. Vehicular Access and Circulation Vehicular access and circulation are acceptable. Access to the new building will be provided via an existing internal driveway with no new access to public streets. Building Setbacks There are no minimum prescribed setbacks within the I-1 Zoning District. Proposed setbacks to the property line are as follows: Direction Setback to Property Line North - Progress Drive 125 feet East - Open Space 170 feet South - Open Space 45 feet West - Public Works Campus 195 feet to Main Building Pedestrian Access Pedestrian Acccess is adequate. The Hastings Trail System is located across Ravenna Trail from the site. Required Parking Parking is acceptable. The proposed storage building would generate the need for an additional 13 parking spaces which are currently provided elsewhere within the public works campus. X-C-02 Architectural Design A pre-engineered steel building is proposed with colors to match the main public works building. The building front will incorporate stone veneer along the bottom 4.5 feet of the building as well at the building corners. Windows will be incorporated along portions of the upper elevations. The use of materials and colors is consistent with other accessory storage buildings that have been approved by the City. Landscape Plan Landscape requirements are applicable for the building area added to the campus site and requires the addition of 10 trees and 12 shrubs which have been provided. Deciduous trees are incorporated along Proress Drive to break up the site. Shrub plantings have been added near the garage entry. Grading, Drainage, Erosion Control and Utility Plan Review The Public Works Department is providing concurrent review of the Grading, Drainage, Erosion Control, and Utility Plans. Site Plan approval shall be conditioned upon final approval of the Grading, Drainage, Erosion Control and Utility Plan by the Public Works Director. RECOMMENDATION Approval of the Site Plan is recommended subject to the following conditions: 1. Conformance with the plans submitted with the Planning Commission Staff Report dated March 28, 2022 2. Final approval of the Grading, Drainage, Erosion Control, and Utility Plans by the Public Works Director. 3. All disturbed areas on the property shall be stabilized with rooting vegetative cover to eliminate erosion control problems. 4. Disturbed areas of the site shall be maintained to the requirements of the City’s property maintenance ordinance. 5. Approval is subject to a one-year Sunset Clause; if significant progress is not made towards the proposal within one year of City Council approval, the approval is null and void. X-C-02 ATTACHMENTS • Site Location Map • Site Plan • Civil Plans • Landscape Plan • Architectural Elevations • Application X-C-02 LOCATION MAP SITE LOCATION X-C-02 X-C-02 X-C-02 X-C-02 X-C-02 X-C-02 X-C-02 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 ___ Variance $300 ___ Vacation $500 ___ Special Use Permit ___ Comp Plan Amend. ___ Lot Split/Lot Line Adj. ___ House Move $500 ___ Annexation ___ Prelim Plat $500 + escrow ___ EAW ___ Site Plan $500 + escrow ___ Interim Use Permit $500 $500 $75 $500 plus legal expenses $500 + $1,000 escrow $500 Total Amount Due: $ _____________ Make checks payable to City of Hastings. Most 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 _______________ X-C-02 City Council Memorandum To: Mayor Fasbender & City Councilmembers From: City Administrator Dan Wietecha Date: April 4, 2022 Item: Budget Amendment to Support Building Inspection Services Council Action Requested: Approve the following, along with associated budget impacts: 1. Authority to hire an additional Building Inspector to get through the current construction season. 2. Increase the Building Inspector and Building Official wage scales by 3%. 3. Provide a signing bonus and 6-month bonus for the new employee. 4. Provide a one-time bonus in October for the current Building Inspectors, Building Official, and Senior Permit Tech. 5. Offer a one-time buy-out of Comp Time for the current Building Inspectors and Building Official. 6. Increase hours of City Hall Receptionist t0 30 hours per week for 6 months. Background Information: Hastings is experiencing a boom in construction, and this is expected to continue into the foreseeable future. 2019 2020 2021 Number of Permits 1,644 2,640 3,434 Valuation $41.8M $45.4M $47.9M This is surpassing our Building Safety Department’s (Building Official, two Building Inspectors, contracted Electrical Inspector, and Senior Permit Tech) capacity to process permits and conduct inspections while maintaining a healthy work/life balance. We have reached out through professional networks seeking individuals or companies that we might work with; unfortunately, the only positive response has been a company offering an entry-level inspector at $85 per hour. Please note that working with a company means an hourly rate that covers benefits, overhead, and other corporate expenses and should not be strictly compared to an employee’s hourly wage. I recommend budgetary authority to hire an additional Building Inspector. Preferably, this would be a full-time employee, but we would consider a part-time employee. The cost estimate for this position is based on six months (assume May – October) to get through the construction season. Ideally, the person hired would be kept on, since the existing/pending developments will take several years to build out. I intend the position to be advertised as “temporary to permanent.” Hastings current hourly rate is $32.77 to $40.97 for Building Inspector. At first blush, the “top end” appears competitive with other cities recently advertising to hire Inspectors in the range of $39.09 to $41.70: Wyoming, New Prague, Inver Grove Heights, Cottage Grove, Sauk Rapids, Lake Elmo, and Duluth. However these cities are also struggling to fill these positions. The cities that are successfully hiring are doing so at a higher rate in the range of $44.15 to $50.61: Rochester, St. Louis Park, Minneapolis, St. Paul, Blaine, Woodbury, Apple Valley and Eagan. And these cities are hiring Inspectors away from other cities. The shortage of Building Inspectors available in the workforce is very evident; this is a very competitive environment. I recommend increasing the top end of the wage rate by 3% to $42.20. This would get us above the competitive range; though, it is still below the upper tier. This would apply to the new hire as well as existing Building Inspectors, as well as a similar 3% increase for the supervising Building Official. I recommend a signing bonus of $1,000 for the new hire and an additional $1,000 at six months, amounts pro-rated if a part-time employee. This would help close the gap between the wage rate and the upper tier without getting ahead of the pending Compensation & Classification Study. The 6-month bonus gives an additional retention aspect. I recommend a one-time $1,000 in October for existing Building Inspectors, Building Official, and Senior Permit Tech. This would help balance the existing employees with the bonuses proposed for the new employee, along with an additional retention aspect. I recommend offering a one-time buy-out of accrued Comp Time for the existing Building Inspectors and Building Official. Per City policy, the Building Inspectors are able to accrue up to 80 hours and the Building Official up to 120 hours of Comp Time. With the busy construction season coming, it will be difficult for these employees to utilize Comp Time. At present, the Building Official is at the cap and has put in 100-plus additional hours since reaching the cap 4 months ago. I recommend increasing the City Hall Receptionist from 20 hours per week to 30 for the next 6 months. This would help cover phone, scheduling, and permit questions, freeing up time for the Senior Permit Tech, in turn freeing up time for the Inspection staff. This is intended to be a temporary assignment, not eligible for benefits. Financial Impact: With the additional number and value of building permits, the permit fee revenues are also increasing and are sufficient to cover the added staffing costs. As an example, the 5 pending apartment complexes are estimated to generate a fee increases totaling roughly $280K. New Employee, full-time for 6 months Wages @ $42.20 $ 43,888 Signing Bonus $ 1,000 6-month Bonus $ 1,000 PERA & FICA $ 6,952 Benefits $ 11,224 3% raise for existing Building Inspectors and Building Official for 9 months Wages $ 6,084 PERA & FICA $ 922 October Bonus for existing Building Inspectors, Building Official, and Senior Permit Tech Bonus $ 4,000 PERA & FICA $ 606 Buy-out Comp Time Wages $ 12,686 PERA & FICA $ 1,922 Additional hours for City Hall Receptionist for 6 months Wages $ 6,347 PERA & FICA $ 962 TOTAL $ 97,593 Committee Discussion: This recommendation has not been brought through a committee. Attachment: Not applicable City Council Memorandum To: Mayor Fasbender & City Councilmembers From: Chris Eitemiller, Finance Manager Date: April 4, 2022 Item: Set Sale Date for Issuance of Bonds Council Action Requested: Approve the sale date as May 2, 2022 for $6,800,000 General Obligation Improvement Bonds as well as corresponding resolution. Background Information: These bonds are for the financing of the 2022 street improvement project, a water tower reconditioning project and a storage building for the Public Works department within the City. These obligations will be sold by a competitive negotiated sale in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9). The rating of these bonds will take place the week of April 4. Financial Impact: Bond and interest payments are factored into the City’s debt structure. Advisory Commission Discussion: N/A Council Committee Discussion: N/A Attachments: Resolution Finance Plan Municipal Advisory Agreement X-E-02 73044150v1 EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL CITY OF HASTINGS, MINNESOTA HELD: April 4, 2022 Pursuant to due call and notice thereof, a regular or special meeting of the City Council of the City of Hastings, Dakota and Washington Counties, Minnesota, was duly held at the City Hall on April 4, 2022, at 7:00 P.M. for the purpose in part of authorizing the competitive negotiated sale of the $6,800,000 General Obligation Bonds, Series 2022A. The following members were present: and the following were absent: Member _______________ introduced the following resolution and moved its adoption: RESOLUTION NO. _______________ RESOLUTION PROVIDING FOR THE COMPETITIVE NEGOTIATED SALE OF GENERAL OBLIGATION BONDS, SERIES 2022A A. WHEREAS, the City Council of the City of Hastings, Minnesota (the "City"), has heretofore determined that it is necessary and expedient to issue General Obligation Bonds, Series 2022A (the "Bonds") to finance City's 2022 street improvement projects, utility projects and acquisition and betterment of a public works facility; and B. WHEREAS, the City has retained Northland Securities, Inc., in Minneapolis, Minnesota ("Northland"), as its independent municipal advisor and is therefore authorized to sell the Bonds by competitive negotiated sale in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9); and C. WHEREAS, the City has retained Taft Stettinius & Hollister LLP, in Minneapolis, Minnesota as its bond counsel for purposes of this financing. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hastings, Minnesota, as follows: 1. Authorization. The City Council hereby authorizes Northland to solicit proposals for the competitive negotiated sale of the Bonds. 2. Meeting; Proposal Opening. The City Council shall meet at the time and place specified in the Notice of Sale, in substantially the form attached hereto as Attachment A, for the purpose of considering sealed proposals for and awarding the sale of the Bonds. The Finance Manager, or designee, shall open proposals at the time and place specified in the Notice of Sale. X-E-02 73044150v1 2 3. Notice of Sale. The terms and conditions of the Bonds and the negotiation thereof are in substantially in the form set forth in the Notice of Sale attached hereto as Attachment A and hereby approved and made a part hereof. 4. Official Statement. In connection with the competitive negotiated sale of the Bonds, the Finance Manager and other officers or employees of the City are hereby authorized to cooperate with Northland and participate in the preparation of an official statement for the Bonds, and to execute and deliver it on behalf of the City upon its completion. The motion for the adoption of the foregoing resolution was duly seconded by member _______________ and, after full discussion thereof and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: Whereupon the resolution was declared duly passed and adopted. X-E-02 73044150v1 3 STATE OF MINNESOTA COUNTIES OF DAKOTA AND WASHINGTON CITY OF HASTINGS I, the undersigned, being the duly qualified and acting Clerk of the City of Hastings, Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council duly called and held on the date therein indicated, insofar as such minutes relate to the City's $6,800,000 General Obligation Bonds, Series 2022A. WITNESS my hand on April 4, 2022. __________________________________ Clerk X-E-02 73044150v1 A-1 ATTACHMENT A NOTICE OF SALE $6,800,000* GENERAL OBLIGATION BONDS, SERIES 2022A CITY OF HASTINGS, MINNESOTA (Book-Entry Only) NOTICE IS HEREBY GIVEN that these Bonds will be offered for sale according to the following terms: TIME AND PLACE: Proposals (also referred to herein as "bids") will be opened by the City's Finance Manager, or designee, on Monday, May 2, 2022, at 10:00 A.M., CT, at the offices of Northland Securities, Inc. (the City's "Municipal Advisor"), 150 South 5th Street, Suite 3300, Minneapolis, Minnesota 55402. Consideration of the Proposals for award of the sale will be by the City Council at its meeting at the City Offices beginning Monday, May 2, 2022 at 7:00 P.M., CT. SUBMISSION OF PROPOSALS Proposals may be: a) submitted to the office of Northland Securities, Inc., b) faxed to Northland Securities, Inc. at 612-851-5918, c) emailed to PublicSale@northlandsecurities.com d) for proposals submitted prior to the sale, the final price and coupon rates may be submitted to Northland Securities, Inc. by telephone at 612-851-5900 or 612-851-4968, or e) submitted electronically. Notice is hereby given that electronic proposals will be received via PARITY™, or its successor, in the manner described below, until 10:00 A.M., CT, on Monday, May 2, 2022. Proposals may be submitted electronically via PARITY™ or its successor, pursuant to this Notice until 10:00 A.M., CT, but no Proposal will be received after the time for receiving Proposals specified above. To the extent any instructions or directions set forth in PARITY™, or its successor, conflict with this Notice, the terms of this Notice shall control. For further information about PARITY™, or its successor, potential bidders may contact Northland Securities, Inc. or i-Deal at 1359 Broadway, 2nd floor, New York, NY 10018, telephone 212-849-5021. Neither the City nor Northland Securities, Inc. assumes any liability if there is a malfunction of PARITY™ or its successor. All bidders are advised that each Proposal shall be deemed to constitute a contract between the bidder and the City to purchase the Bonds regardless of the manner in which the Proposal is submitted. * The City reserves the right to increase or decrease the principal amount of the Bonds. Any such increase or decrease will be made in multiples of $5,000 and may be made in any maturity. If any maturity is adjusted, the purchase price will also be adjusted to maintain the same gross spread. X-E-02 73044150v1 A-2 BOOK-ENTRY SYSTEM The Bonds will be issued by means of a book-entry system with no physical distribution of bond certificates made to the public. The Bonds will be issued in fully registered form and one bond certificate, representing the aggregate principal amount of the Bonds maturing in each year, will be registered in the name of Cede & Co. as nominee of Depository Trust Company ("DTC"), New York, New York, which will act as securities depository of the Bonds. Individual purchases of the Bonds may be made in the principal amount of $5,000 or any multiple thereof of a single maturity through book entries made on the books and records of DTC and its participants. Principal and interest are payable by the City through U.S. Bank, National Association, St. Paul, Minnesota (the "Paying Agent/Registrar"), to DTC, or its nominee as registered owner of the Bonds. Transfer of principal and interest payments to participants of DTC will be the responsibility of DTC; transfer of principal and interest payments to beneficial owners by participants will be the responsibility of such participants and other nominees of beneficial owners. The successful bidder, as a condition of delivery of the Bonds, will be required to deposit the bond certificates with DTC. The City will pay reasonable and customary charges for the services of the Paying Agent/Registrar. DATE OF ORIGINAL ISSUE OF BONDS Date of Delivery (Estimated to be June 1, 2022) AUTHORITY/PURPOSE/SECURITY The Bonds are being issued pursuant to Minnesota Statutes, Chapters 429, 444, and 475 and Section 475.521. Proceeds will be used to finance the City's 2022 street improvement projects, water improvements, including water tower painting, sewer improvements, finance a Public Works Storage Facility and pay costs associated with the issuance of the Bonds. The Bonds are payable from special assessments against benefited properties, net water and sewer revenues and additionally secured by ad valorem taxes on all taxable property within the City. The full faith and credit of the City is pledged to their payment and the City has validly obligated itself to levy ad valorem taxes in the event of any deficiency in the debt service account established for this issue. INTEREST PAYMENTS Interest is due semiannually on each February 1 and August 1, commencing February 1, 2023, to registered owners of the Bonds appearing of record in the Bond Register as of the close of business on the fifteenth day (whether or not a business day) of the calendar month next preceding such interest payment date. MATURITIES Principal is due annually on February 1, inclusive, in each of the years and amounts as follows: Year Amount Year Amount Year Amount 2024 $615,000 2028 $665,000 2032 $735,000 2025 625,000 2029 685,000 2033 755,000 2026 645,000 2030 700,000 2027 655,000 2031 720,000 Proposals for the Bonds may contain a maturity schedule providing for any combination of serial bonds and term bonds, subject to mandatory redemption, so long as the amount of principal maturing or subject to mandatory redemption in each year conforms to the maturity schedule set forth above. X-E-02 73044150v1 A-3 INTEREST RATES All rates must be in integral multiples of 1/20th or 1/8th of 1%. The rate for any maturity may not be more than 2.00% less than the rate for any preceding maturity. All Bonds of the same maturity must bear a single uniform rate from date of issue to maturity. ESTABLISHMENT OF ISSUE PRICE (HOLD-THE-OFFERING-PRICE RULE MAY APPLY – BIDS NOT CANCELLABLE) The winning bidder shall assist the City in establishing the issue price of the Bonds and shall execute and deliver to the City at closing an "issue price" or similar certificate setting forth the reasonably expected initial offering price to the public or the sales price or prices of the Bonds, together with the supporting pricing wires or equivalent communications, substantially in the form attached hereto as Exhibit A, with such modifications as may be appropriate or necessary, in the reasonable judgment of the winning bidder, the City and Bond Counsel. All actions to be taken by the City under this Notice of Sale to establish the issue price of the Bonds may be taken on behalf of the City by the City's Municipal Advisor and any notice or report to be provided to the City may be provided to the City's Municipal Advisor. The City intends that the provisions of Treasury Regulation Section 1.148-1(f)(3)(i) (defining "competitive sale" for purposes of establishing the issue price of the Bonds) will apply to the initial sale of the Bonds (the "competitive sale requirements") because: (1) the City shall disseminate this Notice of Sale to potential underwriters in a manner that is reasonably designed to reach potential underwriters; (2) all bidders shall have an equal opportunity to bid; (3) the City may receive bids from at least three underwriters of municipal bonds who have established industry reputations for underwriting new issuances of municipal bonds; and (4) the City anticipates awarding the sale of the Bonds to the bidder who submits a firm offer to purchase the Bonds at the highest price (or lowest cost), as set forth in this Notice of Sale. Any bid submitted pursuant to this Notice of Sale shall be considered a firm offer for the purchase of the Bonds, as specified in the bid. In the event that the competitive sale requirements are not satisfied, the City shall promptly so advise the winning bidder. The City may then determine to treat the initial offering price to the public as of the award date of the Bonds as the issue price of each maturity by imposing on the winning bidder the Hold-the-Offering-Price Rule as described in the following paragraph (the "Hold-the-Offering-Price Rule"). Bids will not be subject to cancellation in the event that the City determines to apply the Hold-the-Offering-Price Rule to the Bonds. Bidders should prepare their bids on the assumption that the Bonds will be subject to the Hold-the-Offering-Price Rule in order to establish the issue price of the Bonds By submitting a bid, the winning bidder shall (i) confirm that the underwriters have offered or will offer the Bonds to the public on or before the date of award at the offering price or prices (the "Initial Offering Price"), or at the corresponding yield or yields, set forth in the bid submitted by the winning bidder and (ii) agree, on behalf of the underwriters participating in the purchase of the Bonds, that the underwriters will neither offer nor sell unsold Bonds of any maturity to which the Hold-the-Offering Price Rule shall apply to any person at a price that is higher than the Initial Offering Price to the public during the period starting on the award date for the Bonds and ending on the earlier of the following: (1) the close of the fifth (5th) business day after the award date; or (2) the date on which the underwriters have sold at least 10% of a maturity of the Bonds to the public at a price that is no higher than the Initial Offering Price to the public (the "10% Test"), at which time only that particular maturity will no longer be subject to the Hold-the-Offering-Price Rule. The City acknowledges that, in making the representations set forth above, the winning bidder will rely on X-E-02 73044150v1 A-4 (i) the agreement of each underwriter to comply with the requirements for establishing issue price of the Bonds, including, but not limited to, its agreement to comply with the Hold-the-Offering-Price Rule, if applicable to the Bonds, as set forth in an agreement among underwriters and the related pricing wires, (ii) in the event a selling group has been created in connection with the initial sale of the Bonds to the public, the agreement of each dealer who is a member of the selling group to comply with the requirements for establishing issue price of the Bonds, including but not limited to, its agreement to comply with the Hold-the-Offering-Price Rule, if applicable to the Bonds, as set forth in a selling group agreement and the related pricing wires, and (iii) in the event that an underwriter or dealer who is a member of the selling group is a party to a third-party distribution agreement that was employed in connection with the initial sale of the Bonds to the public, the agreement of each broker-dealer that is a party to such agreement to comply with the requirements for establishing issue price of the Bonds, including, but not limited to, its agreement to comply with the Hold-the-Offering-Price Rule, if applicable to the Bonds, as set forth in the third-party distribution agreement and the related pricing wires. The City further acknowledges that each underwriter shall be solely liable for its failure to comply with its agreement regarding the requirements for establishing issue price of the Bonds, including but not limited to, its agreement to comply with the Hold-the-Offering-Price Rule, if applicable to the Bonds, and that no underwriter shall be liable for the failure of any other underwriter, or of any dealer who is a member of a selling group, or of any broker-dealer that is a party to a third-party distribution agreement to comply with its corresponding agreement to comply with the requirements for establishing issue price of the Bonds, including, but not limited to, its agreement to comply with the Hold-the-Offering-Price Rule if applicable to the Bonds. By submitting a bid, each bidder confirms that: (i) any agreement among underwriters, any selling group agreement and each third-party distribution agreement (to which the bidder is a party) relating to the initial sale of the Bonds to the public, together with the related pricing wires, contains or will contain language obligating each underwriter, each dealer who is a member of the selling group, and each broker-dealer that is a party to such third-party distribution agreement, as applicable, (A) to comply with the Hold-the- Offering-Price Rule, if applicable if and for so long as directed by the winning bidder and as set forth in the related pricing wires, (B) to promptly notify the winning bidder of any sales of Bonds that to its knowledge, are made to a purchaser who is a related party to an underwriter participating in the initial sale of the Bonds to the public (each such term being used as defined below), and (C) to acknowledge that, unless otherwise advised by the underwriter, dealer or broker-dealer, the winning bidder shall assume that each order submitted by the underwriter, dealer or broker-dealer is a sale to the public, and (ii) any agreement among underwriters or selling group agreement relating to the initial sale of the Bonds to the public, together with the related pricing wires, contains or will contain language obligating each underwriter or dealer that is a party to a third-party distribution agreement to be employed in connection with the initial sale of the Bonds to the public to require each broker-dealer that is a party to such retail distribution agreement to comply with the Hold-the-Offering-Price Rule, if applicable, in each case if and for so long as directed by the winning bidder or the underwriter and as set forth in the related pricing wires. Notes: Sales of any Bonds to any person that is a related party to an underwriter participating in the initial sale of the Bonds to the public (each such term being used as defined below) shall not constitute sales to the public for purposes of this Notice of Sale. Further, for purposes of this Notice of Sale: (1) "public" means any person other than an underwriter or a related party, (2) "underwriter" means (A) any person that agrees pursuant to a written contract with the City (or with the lead underwriter to form an underwriting syndicate) to participate in the initial sale of the Bonds to the public and (B) any person that agrees pursuant to a written contract directly or indirectly with a person described in clause (A) to participate in the initial sale of the Bonds to the public (including a member of a selling group or a party to a third-party distribution agreement participating in the initial sale of the Bonds to the public). (3) a purchaser of any of the Bonds is a "related party" to an underwriter if the underwriter and the purchaser are subject, directly or indirectly, to (A) more than 50% common ownership of the voting power or the total value of their stock, if both entities are corporations (including direct ownership by one corporation or another), (B) more than 50% common ownership of their capital interests X-E-02 73044150v1 A-5 or profits interests, if both entities are partnerships (including direct ownership by one partnership of another), or (C) more than 50% common ownership of the value of the outstanding stock of the corporation or the capital interests or profit interests of the partnership, as applicable, if one entity is a corporation and the other entity is a partnership (including direct ownership of the applicable stock or interests by one entity of the other), and (4) "sale date" means the date that the Bonds are awarded by the City to the winning bidder. ADJUSTMENTS TO PRINCIPAL AMOUNT AFTER PROPOSALS The City reserves the right to increase or decrease the principal amount of the Bonds. Any such increase or decrease will be made in multiples of $5,000 and may be made in any maturity. If any maturity is adjusted, the purchase price will also be adjusted to maintain the same gross spread. Such adjustments shall be made promptly after the sale and prior to the award of Proposals by the City and shall be at the sole discretion of the City. The successful bidder may not withdraw or modify its Proposal once submitted to the City for any reason, including post-sale adjustment. Any adjustment shall be conclusive and shall be binding upon the successful bidder. OPTIONAL REDEMPTION Bonds maturing on February 1, 2031 through 2033 are subject to redemption and prepayment at the option of the City on February 1, 2030 and any date thereafter, at a price of par plus accrued interest. Redemption may be in whole or in part of the Bonds subject to prepayment. If redemption is in part, the maturities and principal amounts within each maturity to be redeemed shall be determined by the City and if only part of the Bonds having a common maturity date are called for prepayment, the specific Bonds to be prepaid shall be chosen by lot by the Bond Registrar. CUSIP NUMBERS If the Bonds qualify for assignment of CUSIP numbers such numbers will be printed on the Bonds, but neither the failure to print such numbers on any Bond nor any error with respect thereto shall constitute cause for a failure or refusal by the successful bidder thereof to accept delivery of and pay for the Bonds in accordance with terms of the purchase contract. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the successful bidder. DELIVERY Delivery of the Bonds will be within thirty days after award, subject to an approving legal opinion by Taft Stettinius and Hollister, Professional Association, Bond Counsel. The legal opinion will be paid by the City and delivery will be anywhere in the continental United States without cost to the successful bidder at DTC. TYPE OF PROPOSAL Proposals of not less than $6,732,000.00 (99.00%) and accrued interest on the principal sum of $6,800,000 must be filed with the undersigned prior to the time of sale. Proposals must be unconditional except as to legality. Proposals for the Bonds should be delivered to Northland Securities, Inc. and addressed to: Chris Eitemiller, Finance Manager Hastings City Hall 101 4th Street East Hastings, Minnesota 55033 A good faith deposit (the "Deposit") in the amount of $136,000 in the form of a federal wire transfer (payable to the order of the City) is only required from the apparent winning bidder, and must be received within two hours after the time stated for the receipt of Proposals. The apparent winning bidder will receive X-E-02 73044150v1 A-6 notification of the wire instructions from the Municipal Advisor promptly after the sale. If the Deposit is not received from the apparent winning bidder in the time allotted, the City may choose to reject their Proposal and then proceed to offer the Bonds to the next lowest bidder based on the terms of their original proposal, so long as said bidder wires funds for the Deposit amount within two hours of said offer. The City will retain the Deposit of the successful bidder, the amount of which will be deducted at settlement and no interest will accrue to the successful bidder. In the event the successful bidder fails to comply with the accepted Proposal, said amount will be retained by the City. No Proposal can be withdrawn after the time set for receiving Proposals unless the meeting of the City scheduled for award of the Bonds is adjourned, recessed, or continued to another date without award of the Bonds having been made. AWARD The Bonds will be awarded on the basis of the lowest interest rate to be determined on a true interest cost (TIC) basis. The City's computation of the interest rate of each Proposal, in accordance with customary practice, will be controlling. In the event of a tie, the sale of the Bonds will be awarded by lot. The City will reserve the right to: (i) waive non-substantive informalities of any Proposal or of matters relating to the receipt of Proposals and award of the Bonds, (ii) reject all Proposals without cause, and (iii) reject any Proposal which the City determines to have failed to comply with the terms herein. INFORMATION FROM SUCCESSFUL BIDDER The successful bidder will be required to provide, in a timely manner, certain information relating to the initial offering price of the Bonds necessary to compute the yield on the Bonds pursuant to the provisions of the Internal Revenue Code of 1986, as amended. OFFICIAL STATEMENT By awarding the Bonds to any underwriter or underwriting syndicate submitting a Proposal therefor, the City agrees that, no more than seven business days after the date of such award, it shall provide to the senior managing underwriter of the syndicate to which the Bonds are awarded, the Final Official Statement in an electronic format as prescribed by the Municipal Securities Rulemaking Board (MSRB). FULL CONTINUING DISCLOSURE UNDERTAKING The City will covenant in the resolution awarding the sale of the Bonds and in a Continuing Disclosure Undertaking to provide, or cause to be provided, annual financial information, including audited financial statements of the City, and notices of certain material events, as required by SEC Rule 15c2-12. BANK QUALIFICATION The City will designate the Bonds as qualified tax-exempt obligations for purposes of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended. BOND INSURANCE AT UNDERWRITER'S OPTION If the Bonds qualify for issuance of any policy of municipal bond insurance or commitment therefor at the option of the successful bidder, the purchase of any such insurance policy or the issuance of any such commitment shall be at the sole option and expense of the successful bidder of the Bonds. Any increase in the costs of issuance of the Bonds resulting from such purchase of insurance shall be paid by the successful bidder, except that, if the City has requested and received a rating on the Bonds from a rating agency, the City will pay that rating fee. Any other rating agency fees shall be the responsibility of the successful bidder. Failure of the municipal bond insurer to issue the policy after the Bonds have been awarded to the successful bidder shall not constitute cause for failure or refusal by the successful bidder to accept delivery on the X-E-02 73044150v1 A-7 Bonds. The City reserves the right to reject any and all Proposals, to waive informalities and to adjourn the sale. Dated: April 4, 2022 BY ORDER OF THE HASTINGS CITY COUNCIL /s/ Chris Eitemiller Finance Manager Additional information may be obtained from: Northland Securities, Inc. 150 South 5th Street, Suite 3300 Minneapolis, Minnesota 55402 Telephone No.: 612-851-5900 X-E-02 73044150v1 A-8 EXHIBIT A (ISSUE PRICE CERTIFICATE – COMPETITIVE SALE SATISFIED) The undersigned, on behalf of ______________________________ (the "Underwriter"), hereby certifies as set forth below with respect to the sale of the General Obligation Bonds, Series 2022A (the "Bonds") of the City of Hastings, Minnesota (the "Issuer"). 1. Reasonably Expected Initial Offering Price. (a) As of the Sale Date, the reasonably expected initial offering prices of the Bonds to the Public by the Underwriter are the prices listed in Schedule A (the "Expected Offering Prices"). The Expected Offering Prices are the prices for the Maturities of the Bonds used by the Underwriter in formulating its bid to purchase the Bonds. Attached as Schedule B is a true and correct copy of the bid provided by the Underwriter to purchase the Bonds. (b) The Underwriter was not given the opportunity to review other bids prior to submitting its bid. (c) The bid submitted by the Underwriter constituted a firm offer to purchase the Bonds. 2. Defined Terms. (a) "Maturity" means Bonds with the same credit and payment terms. Bonds with different maturity dates, or Bonds with the same maturity date but different stated interest rates, are treated as separate Maturities. (b) "Public" means any person (including an individual, trust, estate, partnership, association, company, or corporation) other than an Underwriter or a related party to an Underwriter. The term "related party" for purposes of this certificate generally means any two or more persons who have greater than 50 percent common ownership, directly or indirectly. (c) "Sale Date" means the first day on which there is a binding contract in writing for the sale of a Maturity of the Bonds. The Sale Date of the Bonds is _________________, 2022. (d) "Underwriter" means (i) any person that agrees pursuant to a written contract with the Issuer (or with the lead underwriter to form an underwriting syndicate) to participate in the initial sale of the Bonds to the Public, and (ii) any person that agrees pursuant to a written contract directly or indirectly with a person described in clause (i) of this paragraph to participate in the initial sale of the Bonds to the Public (including a member of a selling group or a party to a retail distribution agreement participating in the initial sale of the Bonds to the Public). The representations set forth in this certificate are limited to factual matters only. Nothing in this certificate represents the Underwriter's interpretation of any laws, including specifically Sections 103 and 148 of the Internal Revenue Code of 1986, as amended, and the Treasury Regulations thereunder. The undersigned understands that the foregoing information will be relied upon by the Issuer with respect to certain of the representations set forth in the Nonarbitrage Certificate and with respect to compliance with the federal income tax rules affecting the Bonds, and by Taft Stettinius & Hollister LLP, Bond Counsel in connection with X-E-02 73044150v1 A-9 rendering its opinion that the interest on the Bonds is excluded from gross income for federal income tax purposes, the preparation of the Internal Revenue Service Form 8038-G, and other federal income tax advice that it may give to the Issuer from time to time relating to the Bonds. Dated: June 1, 2022. _______________________________________ By__________________________________ Its___________________________________ (ISSUE PRICE CERTIFICATE – HOLD THE PRICE) The undersigned, on behalf of ________________________________(the "Underwriter"), on behalf of itself, hereby certifies as set forth below with respect to the sale and issuance of General Obligation Bonds, Series 2022A (the "Bonds") of the City of Hastings, Minnesota (the "Issuer"). 1. Initial Offering Price of the Bonds. (a) The Underwriter offered each Maturity of the Bonds to the Public for purchase at the respective initial offering prices listed in Schedule A (the "Initial Offering Prices") on or before the Sale Date. A copy of the pricing wire or equivalent communication for the Bonds is attached to this certificate as Schedule B. (b) As set forth in the Notice of Sale and bid award, the Underwriter has agreed in writing that, (i) for each Maturity of the Bonds, it would neither offer nor sell any of the Bonds of such Maturity to any person at a price that is higher than the Initial Offering Price for such Maturity during the Holding Period for such Maturity (the "hold-the-offering-price rule"), and (ii) any selling group agreement shall contain the agreement of each dealer who is a member of the selling group, and any retail distribution agreement shall contain the agreement of each broker-dealer who is a party to the retail distribution agreement, to comply with the hold-the-offering-price rule. Pursuant to such agreement, no Underwriter (as defined below) has offered or sold any Maturity of the Bonds at a price that is higher than the respective Initial Offering Price for that Maturity of the Bonds during the Holding Period. 2. Defined Terms. (a) "Holding Period" means, for each Maturity of the Bonds, the period starting on the Sale Date and ending on the earlier of (i) the close of the fifth business day after the Sale Date (________________), or (ii) the date on which the Underwriter has sold at least 10% of such Maturity of the Bonds to the Public at prices that are no higher than the Initial Offering Price for such Maturity. X-E-02 73044150v1 A-10 (b) "Maturity" means Bonds with the same credit and payment terms. Bonds with different maturity dates, or Bonds with the same maturity date but different stated interest rates, are treated as separate Maturities. (c) "Public" means any person (including an individual, trust, estate, partnership, association, company, or corporation) other than an Underwriter or a related party to an Underwriter. The term "related party" for purposes of this certificate generally means any two or more persons who have greater than 50 percent common ownership, directly or indirectly. (d) "Sale Date" means the first day on which there is a binding contract in writing for the sale of a Maturity of the Bonds. The Sale Date of the Bonds is _______________, 2022. (e) "Underwriter" means (i) any person that agrees pursuant to a written contract with the Issuer (or with the lead underwriter to form an underwriting syndicate) to participate in the initial sale of the Bonds to the Public, and (ii) any person that agrees pursuant to a written contract directly or indirectly with a person described in clause (i) of this paragraph to participate in the initial sale of the Bonds to the Public (including a member of a selling group or a party to a retail distribution agreement participating in the initial sale of the Bonds to the Public). The representations set forth in this certificate are limited to factual matters only. Nothing in this certificate represents the Representative's interpretation of any laws, including specifically Sections 103 and 148 of the Internal Revenue Code of 1986, as amended, and the Treasury Regulations thereunder. The undersigned understands that the foregoing information will be relied upon by the Issuer with respect to certain of the representations set forth in the Nonarbitrage Certificate and with respect to compliance with the federal income tax rules affecting the Bonds, and by Taft Stettinius & Hollister LLP, Bond Counsel, in connection with rendering its opinion that the interest on the Bonds is excluded from gross income for federal income tax purposes, the preparation of the Internal Revenue Service Form 8038-G, and other federal income tax advice that it may give to the Issuer from time to time relating to the Bonds. Dated: June 1, 2022. ______________________________________ By: ____________________________________ Its: ________________________________ X-E-02 Finance Plan City of Hastings, Minnesota $6,800,000 General Obligation Bonds, Series 2022A April 4, 2022 150 South 5th Street, Suite 3300 Minneapolis, MN 55402 612-851-5900 800-851-2920 www.northlandsecurities.com Member FINRA and SIPC | Registered MSRB and SEC X-E-02 Northland Securities, Inc. Page 1 Contents Executive Summary Issue Overview Purpose Authority Structure Security and Source of Repayment Plan Rationale Issuing Process Attachment 1 – Preliminary Debt Service Schedules Attachment 2 – Estimated Levy Schedules Attachment 3 – Related Considerations Bank Qualified Arbitrage Compliance Continuing Disclosure Premiums Rating Attachment 4 – Calendar of Events Attachment 5 - Risk Factors X-E-02 Northland Securities, Inc. Page 2 Executive Summary The following is a summary of the recommended terms for the issuance of $6,800,000 General Obligation Bonds, Series 2022A (the “Bonds”). Additional information on the proposed finance plan and issuing process can be found after the Executive Summary, in the Issue Overview and Attachment 3 – Related Considerations. Purpose Proceeds from the Bonds will be used to finance the 2022 street improvement and utility projects; to finance a Public Works storage facility; and to pay the costs associated with the issuance of the Bonds. Security The Bonds will be a general obligation of the City. The City will pledge special assessments collected from benefitted properties for payment of the Improvement Portion of the Bonds, net water revenues of the City’s Municipal Water Utility for payment of the Water Portion of the Bonds, net sewer revenues of the City’s Municipal Sewer Utility for the Sewer Portion of the Bonds and ad valorem taxes for payment of the CIP Portion of the Bonds. Repayment Term The Bonds will mature annually each February 1 in the years 2024 through 2033. Interest on the Bonds will be payable on February 1, 2023 and semiannually thereafter on each February 1 and August 1. Estimated Interest Rate Average coupon: 2.56% True interest cost (TIC): 2.72% Prepayment Option Bonds maturing on and after February 1, 2031, will be subject to redemption on February 1, 2030, and any day thereafter at a price of par plus accrued interest. Rating A rating will be requested from Standard & Poor’s (“S&P”). The City’s general obligation debt is currently rated "AA” by S&P. Tax Status The Bonds will be tax-exempt, bank qualified obligations. Risk Factors There are certain risks associated with all debt. Risk factors related to the Bonds are discussed in Attachment 5. Type of Bond Sale Public Sale – Competitive Bids Proposals Received Monday, May 2, 2022 @ 10:00 A.M. Council Consideration Monday, May 2, 2022 @ 7:00 P.M. X-E-02 Northland Securities, Inc. Page 3 Issue Overview Purpose Proceeds from the Bonds will be used to finance the following: • The City’s 2022 street improvement projects (the “Improvement Portion”), • Water utility projects and a water tower painting project (the “Water Portion”), • Sewer utility projects (the “Sewer Portion”), and • A Public Works storage facility (the “CIP Portion”). Proceeds will also be used to pay costs associated with issuing the Bonds. The Bonds have been sized based on estimates provided by City staff and by a City cash contribution applied towards the CIP Portion of the Bonds. Construction bids are expected to be received on April 8, 2022, at which time the size of the Bonds will be updated. The table below contains the sources and uses of funds for the bond issue. Authority The Bonds will be issued pursuant to the authority of Minnesota Statutes, Chapters 429, 444, and 475 and Section 475.521. Improvement Portion Under Chapter 429, an Improvement means any type of improvement made under authority granted by section 429.021, which includes, but is not limited to, improvements to streets and sidewalks, storm and sanitary sewer systems, and street lighting systems. Before issuing bonds under Chapter 429, the City must hold a public hearing on the Improvements and the proposed bonds, and must pass a resolution ordering the improvements by at least a 4/5 majority. The public hearing has been held on March 7, 2022, for the Improvement Portion and all corresponding resolutions passed with a 4/5 majority. Water and Sewer Portions Under Chapter 444, general obligation utility revenue bonds may be issued to build, construct, reconstruct, repair, enlarge, improve, or in any other manner obtain sanitary sewer, water and storm sewer facilities, and maintain and operate the facilities inside or outside a city’s corporate limits. Street Improvement Water Sewer CIP Issue Summary Sources Of Funds Par Amount of Bonds $3,375,000.00 $1,980,000.00 $410,000.00 $1,035,000.00 $6,800,000.00 Planned Issuer Equity Contribution ---1,000,000.00 1,000,000.00 Total Sources $3,375,000.00 $1,980,000.00 $410,000.00 $2,035,000.00 $7,800,000.00 Uses Of Funds Deposit to Project Construction Fund 3,255,000.00 1,945,000.00 403,000.00 2,000,000.00 7,603,000.00 Deposit to Capitalized Interest (CIF) Fund 54,845.00 --16,808.33 71,653.33 Total Underwriter's Discount (1.000%)33,750.00 19,800.00 4,100.00 10,350.00 68,000.00 Costs of Issuance 28,077.02 16,471.85 3,410.84 8,610.29 56,570.00 Rounding Amount 3,327.98 (1,271.85)(510.84)(768.62)776.67 Total Uses $3,375,000.00 $1,980,000.00 $410,000.00 $2,035,000.00 $7,800,000.00 X-E-02 Northland Securities, Inc. Page 4 Capital Improvement Plan Portion Under Section 475.521, a capital improvement is a major expenditure of City funds for the acquisition or betterment of public lands, buildings, or other improvements used, such as a city hall, library, public safety, or public works facility, which has a useful life of five years or more. The maximum amount of principal and interest for capital improvement bonds cannot exceed 0.16% of the estimated market value of taxable property in the City. The City’s 2022 preliminary estimated market value is $2,320,208,800 ($2,320,208,800 x 0.0016 = $3,712,334). The maximum amount of principal and interest in a calendar year is estimated to be approximately $115,968, which is less than $3,712,334. The City does not have any additional outstanding CIP debt. Before issuing bonds under a Capital Improvement Plan (“CIP”), the City must hold a public hearing on the CIP and the proposed bonds and must then approve the CIP and authorize the issuance of the bonds by at least a 3/5 majority. The City held the required public hearing and approved the CIP on February 22, 2022. If a petition signed by voters equal to at least 5 percent of the votes cast in the last general election requesting a vote on the issuance of bonds is received by the clerk within 30 days after the public hearing, then the bonds may not be issued unless approved by the voters at an election. The Calendar of Events provided in Attachment 4 indicates that the 30-day period expired on March 24, 2022. Structure The Bonds have been structured over 10 years, with relatively level annual debt service payments. The proposed structure for the bond issue and preliminary debt service projections for each portion of the issue are illustrated in Attachment 1 and the estimated levies are illustrated in Attachment 2. Security and Source of Repayment The Bonds will be general obligations of the City. The finance plan relies on the following assumptions for the revenues used to pay debt service, as provided by City staff: • Special Assessments. The City is expected to levy special assessments against benefited properties in the amount of $1,400,000 for the Improvement Portion of the Bonds. The assessments are structured for level annual payments, with interest charged at a rate that is 1.50% over the True Interest Cost of the Improvement Portion of the Bonds (currently estimated to be 4.25%). The assessments will be levied in 2022 for first payment in 2023. • Utility Revenues. Net revenues of the City’s sewer and water utilities (operating funds) will be pledged for payment of the Sewer Portion and Water Portion of the Bonds. The City will covenant to adopt sewer and water rates and charges that are sufficient to produce net revenues equal to at least 105% of the debt service requirements on the Sewer Portion and Water Portion of the Bonds. In the event there is a deficiency in the amount of net revenues available for payment of debt service, the City may levy taxes to cover the insufficiency, but only on a temporary basis until rates are adjusted. • Property Taxes. The remaining revenues needed to pay debt service on the Bonds are expected to come from property tax levies. The initial projections show annual tax levies averaging approximately $230,556 for the Improvement Portion and $124,523 for the CIP Portion are needed to produce the statutory requirement of 105% of debt service, after accounting for assessments, and sewer and water utility revenues. The levies may be X-E-02 Northland Securities, Inc. Page 5 adjusted annually based on actual special assessment collections and additional monies in the debt service fund. The initial tax levy will be made in 2022 for taxes payable in 2023. Given the timing of the initial revenue from the tax levy, capitalized interest will be included in the bond issue to cover the first interest payment due on February 1, 2023, before the first tax collections are received for the Improvement Portion and the CIP Portion of the Bonds. Plan Rationale The Finance Plan recommended in this report is based on a variety of factors and information provided by the City related to the financed project and City objectives, Northland’s knowledge of the City and our experience in working with similar cities and projects. The issuance of General Obligation Bonds provides the best means of achieving the City’s objectives and cost-effective financing. The City has successfully issued and managed this type of debt for previous projects. Issuing Process Northland will receive bids to purchase the Bonds on Monday, May 2, 2022, at 10:00 AM. Market conditions and the marketability of the Bonds support issuance through a competitive sale. This process has been chosen as it is intended to produce the lowest combination of interest expense and underwriting expense on the date and time set to receive bids. The calendar of events for the issuing process can be found in Attachment 4. Municipal Advisor: Northland Securities, Inc., Minneapolis, Minnesota Bond Counsel: Taft Stettinius and Hollister LLP, Minneapolis, Minnesota Paying Agent: US Bank Trust Company, National Association, St. Paul, Minnesota X-E-02 Northland Securities, Inc. Page 6 Attachment 1 – Preliminary Debt Service Schedules Total Combined 2022A Bonds *Based on Bank Qualified “AA” rates as of March 25, 2022, plus 0.25%. Date Principal Coupon Interest Total P+I Fiscal Total 06/01/2022 ----- 02/01/2023 --110,500.00 110,500.00 110,500.00 08/01/2023 --82,875.00 82,875.00 - 02/01/2024 615,000.00 2.000%82,875.00 697,875.00 780,750.00 08/01/2024 --76,725.00 76,725.00 - 02/01/2025 625,000.00 2.100%76,725.00 701,725.00 778,450.00 08/01/2025 --70,162.50 70,162.50 - 02/01/2026 645,000.00 2.200%70,162.50 715,162.50 785,325.00 08/01/2026 --63,067.50 63,067.50 - 02/01/2027 655,000.00 2.300%63,067.50 718,067.50 781,135.00 08/01/2027 --55,535.00 55,535.00 - 02/01/2028 665,000.00 2.350%55,535.00 720,535.00 776,070.00 08/01/2028 --47,721.25 47,721.25 - 02/01/2029 685,000.00 2.450%47,721.25 732,721.25 780,442.50 08/01/2029 --39,330.00 39,330.00 - 02/01/2030 700,000.00 2.550%39,330.00 739,330.00 778,660.00 08/01/2030 --30,405.00 30,405.00 - 02/01/2031 720,000.00 2.650%30,405.00 750,405.00 780,810.00 08/01/2031 --20,865.00 20,865.00 - 02/01/2032 735,000.00 2.750%20,865.00 755,865.00 776,730.00 08/01/2032 --10,758.75 10,758.75 - 02/01/2033 755,000.00 2.850%10,758.75 765,758.75 776,517.50 Total $6,800,000.00 -$1,105,390.00 $7,905,390.00 - Yield Statistics Bond Year Dollars $43,213.33 Average Life 6.355 Years Average Coupon 2.5579836% Net Interest Cost (NIC)2.7153425% True Interest Cost (TIC)2.7248395% Bond Yield for Arbitrage Purposes 2.5500964% All Inclusive Cost (AIC)2.8720228% IRS Form 8038 Net Interest Cost 2.5579836% Weighted Average Maturity 6.355 Years Optional Redemption 02/01/2030 @100.000% X-E-02 Northland Securities, Inc. Page 7 Improvement Portion Water Portion Date Principal Coupon Interest Total P+I Fiscal Total 06/01/2022 ----- 02/01/2023 --54,845.00 54,845.00 54,845.00 08/01/2023 --41,133.75 41,133.75 - 02/01/2024 305,000.00 2.000%41,133.75 346,133.75 387,267.50 08/01/2024 --38,083.75 38,083.75 - 02/01/2025 310,000.00 2.100%38,083.75 348,083.75 386,167.50 08/01/2025 --34,828.75 34,828.75 - 02/01/2026 320,000.00 2.200%34,828.75 354,828.75 389,657.50 08/01/2026 --31,308.75 31,308.75 - 02/01/2027 325,000.00 2.300%31,308.75 356,308.75 387,617.50 08/01/2027 --27,571.25 27,571.25 - 02/01/2028 330,000.00 2.350%27,571.25 357,571.25 385,142.50 08/01/2028 --23,693.75 23,693.75 - 02/01/2029 340,000.00 2.450%23,693.75 363,693.75 387,387.50 08/01/2029 --19,528.75 19,528.75 - 02/01/2030 350,000.00 2.550%19,528.75 369,528.75 389,057.50 08/01/2030 --15,066.25 15,066.25 - 02/01/2031 355,000.00 2.650%15,066.25 370,066.25 385,132.50 08/01/2031 --10,362.50 10,362.50 - 02/01/2032 365,000.00 2.750%10,362.50 375,362.50 385,725.00 08/01/2032 --5,343.75 5,343.75 - 02/01/2033 375,000.00 2.850%5,343.75 380,343.75 385,687.50 Total $3,375,000.00 -$548,687.50 $3,923,687.50 - Date Principal Coupon Interest Total P+I Fiscal Total 06/01/2022 ----- 02/01/2023 --32,185.00 32,185.00 32,185.00 08/01/2023 --24,138.75 24,138.75 - 02/01/2024 180,000.00 2.000%24,138.75 204,138.75 228,277.50 08/01/2024 --22,338.75 22,338.75 - 02/01/2025 180,000.00 2.100%22,338.75 202,338.75 224,677.50 08/01/2025 --20,448.75 20,448.75 - 02/01/2026 185,000.00 2.200%20,448.75 205,448.75 225,897.50 08/01/2026 --18,413.75 18,413.75 - 02/01/2027 190,000.00 2.300%18,413.75 208,413.75 226,827.50 08/01/2027 --16,228.75 16,228.75 - 02/01/2028 195,000.00 2.350%16,228.75 211,228.75 227,457.50 08/01/2028 --13,937.50 13,937.50 - 02/01/2029 200,000.00 2.450%13,937.50 213,937.50 227,875.00 08/01/2029 --11,487.50 11,487.50 - 02/01/2030 205,000.00 2.550%11,487.50 216,487.50 227,975.00 08/01/2030 --8,873.75 8,873.75 - 02/01/2031 210,000.00 2.650%8,873.75 218,873.75 227,747.50 08/01/2031 --6,091.25 6,091.25 - 02/01/2032 215,000.00 2.750%6,091.25 221,091.25 227,182.50 08/01/2032 --3,135.00 3,135.00 - 02/01/2033 220,000.00 2.850%3,135.00 223,135.00 226,270.00 Total $1,980,000.00 -$322,372.50 $2,302,372.50 - X-E-02 Northland Securities, Inc. Page 8 Sewer Portion CIP Portion Date Principal Coupon Interest Total P+I Fiscal Total 06/01/2022 ----- 02/01/2023 --6,661.67 6,661.67 6,661.67 08/01/2023 --4,996.25 4,996.25 - 02/01/2024 35,000.00 2.000%4,996.25 39,996.25 44,992.50 08/01/2024 --4,646.25 4,646.25 - 02/01/2025 40,000.00 2.100%4,646.25 44,646.25 49,292.50 08/01/2025 --4,226.25 4,226.25 - 02/01/2026 40,000.00 2.200%4,226.25 44,226.25 48,452.50 08/01/2026 --3,786.25 3,786.25 - 02/01/2027 40,000.00 2.300%3,786.25 43,786.25 47,572.50 08/01/2027 --3,326.25 3,326.25 - 02/01/2028 40,000.00 2.350%3,326.25 43,326.25 46,652.50 08/01/2028 --2,856.25 2,856.25 - 02/01/2029 40,000.00 2.450%2,856.25 42,856.25 45,712.50 08/01/2029 --2,366.25 2,366.25 - 02/01/2030 40,000.00 2.550%2,366.25 42,366.25 44,732.50 08/01/2030 --1,856.25 1,856.25 - 02/01/2031 45,000.00 2.650%1,856.25 46,856.25 48,712.50 08/01/2031 --1,260.00 1,260.00 - 02/01/2032 45,000.00 2.750%1,260.00 46,260.00 47,520.00 08/01/2032 --641.25 641.25 - 02/01/2033 45,000.00 2.850%641.25 45,641.25 46,282.50 Total $410,000.00 -$66,584.17 $476,584.17 - Date Principal Coupon Interest Total P+I Fiscal Total 06/01/2022 ----- 02/01/2023 --16,808.33 16,808.33 16,808.33 08/01/2023 --12,606.25 12,606.25 - 02/01/2024 95,000.00 2.000%12,606.25 107,606.25 120,212.50 08/01/2024 --11,656.25 11,656.25 - 02/01/2025 95,000.00 2.100%11,656.25 106,656.25 118,312.50 08/01/2025 --10,658.75 10,658.75 - 02/01/2026 100,000.00 2.200%10,658.75 110,658.75 121,317.50 08/01/2026 --9,558.75 9,558.75 - 02/01/2027 100,000.00 2.300%9,558.75 109,558.75 119,117.50 08/01/2027 --8,408.75 8,408.75 - 02/01/2028 100,000.00 2.350%8,408.75 108,408.75 116,817.50 08/01/2028 --7,233.75 7,233.75 - 02/01/2029 105,000.00 2.450%7,233.75 112,233.75 119,467.50 08/01/2029 --5,947.50 5,947.50 - 02/01/2030 105,000.00 2.550%5,947.50 110,947.50 116,895.00 08/01/2030 --4,608.75 4,608.75 - 02/01/2031 110,000.00 2.650%4,608.75 114,608.75 119,217.50 08/01/2031 --3,151.25 3,151.25 - 02/01/2032 110,000.00 2.750%3,151.25 113,151.25 116,302.50 08/01/2032 --1,638.75 1,638.75 - 02/01/2033 115,000.00 2.850%1,638.75 116,638.75 118,277.50 Total $1,035,000.00 -$167,745.83 $1,202,745.83 - X-E-02 Northland Securities, Inc. Page 9 Attachment 2 – Estimated Levy Schedules Improvement Portion CIP Portion Date Total P+I CIF 105% Levy Less: Speical Assessment Revenue*Net Levy Levy Year Collection Year 02/01/2023 54,845.00 (54,845.00)--- 02/01/2024 387,267.50 -406,630.88 175,672.54 230,958.34 2022 2023 02/01/2025 386,167.50 -405,475.88 175,672.53 229,803.35 2023 2024 02/01/2026 389,657.50 -409,140.38 175,672.53 233,467.85 2024 2025 02/01/2027 387,617.50 -406,998.38 175,672.53 231,325.85 2025 2026 02/01/2028 385,142.50 -404,399.63 175,672.53 228,727.10 2026 2027 02/01/2029 387,387.50 -406,756.88 175,672.53 231,084.35 2027 2028 02/01/2030 389,057.50 -408,510.38 175,672.53 232,837.85 2028 2029 02/01/2031 385,132.50 -404,389.13 175,672.53 228,716.60 2029 2030 02/01/2032 385,725.00 -405,011.25 175,672.54 229,338.71 2030 2031 02/01/2033 385,687.50 -404,971.88 175,672.55 229,299.33 2031 2032 Total $3,923,687.50 (54,845.00)$4,062,284.63 $1,756,725.34 $2,305,559.29 *Special assessment revenue is based on assessments totaling $1,400,000 assessed at a rate of 4.25% (1.50% over the TIC, rounded to the nearest 0.05%), with equal annual payments spread over 10 years. Date Total P+I CIF 105% Levy Levy Year Collection Year 02/01/2023 16,808.33 (16,808.33)- 02/01/2024 120,212.50 -126,223.13 2022 2023 02/01/2025 118,312.50 -124,228.13 2023 2024 02/01/2026 121,317.50 -127,383.38 2024 2025 02/01/2027 119,117.50 -125,073.38 2025 2026 02/01/2028 116,817.50 -122,658.38 2026 2027 02/01/2029 119,467.50 -125,440.88 2027 2028 02/01/2030 116,895.00 -122,739.75 2028 2029 02/01/2031 119,217.50 -125,178.38 2029 2030 02/01/2032 116,302.50 -122,117.63 2030 2031 02/01/2033 118,277.50 -124,191.38 2031 2032 Total $1,202,745.83 (16,808.33)$1,245,234.38 X-E-02 Northland Securities, Inc. Page 10 Attachment 3 – Related Considerations Bank Qualified We understand the City (in combination with any subordinate taxing jurisdictions or debt issued in the City’s name by 501(c)3 corporations) anticipates issuing $10,000,000 or less in tax-exempt debt during this calendar year. Therefore, the Bonds will be designated as “bank qualified” obligations pursuant to Federal Tax Law. Arbitrage Compliance Project/Construction Fund. All tax-exempt bond issues are subject to federal rebate requirements which require all arbitrage earned to be rebated to the U.S. Treasury. A rebate exemption the City expects to qualify for is the “18-month spending exception.” Debt Service Fund. The City must maintain a bona fide debt service fund for the Bonds or be subject to yield restriction in the debt service fund. A bona fide debt service fund involves an equal matching of revenues to debt service expense with a balance forward permitted equal to the greater of the investment earnings in the fund during that year or 1/12 of the debt service of that year. The City should become familiar with the various Arbitrage Compliance requirements for this bond issue. The Resolution for the Bonds prepared by Bond Counsel explains the requirements in greater detail. Continuing Disclosure Type: Full Dissemination Agent: Northland Securities The requirements for continuing disclosure are governed by SEC Rule 15c2-12. The primary requirements of Rule 15c2-12 actually fall on underwriters. The Rule sets forth due diligence needed prior to the underwriter’s purchase of municipal securities. Part of this requirement is obtaining commitment from the issuer to provide continuing disclosure. The document describing the continuing disclosure commitments (the “Undertaking”) is contained in the Official Statement that will be prepared to offer the Bonds to investors. The City has more than $10,000,000 of outstanding debt and is required to undertake “full” continuing disclosure. Full disclosure requires annual posting of the audit and a separate continuing disclosure report, as well as the reporting of certain “material events.” Material events set forth in the Rule, including, but not limited to, bond rating changes, call notices, and issuance of “financial obligations” (such as USDA loans, Public Finance Authority loans and lease agreements) must be reported within ten days of occurrence. Northland currently serves as dissemination agent for the City. We will assist with getting your annual report filed in compliance with full continuing disclosure regulations. Premiums In the current market environment, it is likely that bids received from underwriters will include premiums. A premium bid occurs when the purchaser pays the City an amount in excess of the par amount of a maturity in exchange for a higher coupon (interest rate). The use of premiums reflects the bidder’s view on future market conditions, tax considerations for investors and other factors. Ultimately, the true interest cost (“TIC”) calculation will determine the lowest bid, regardless of premium. X-E-02 Northland Securities, Inc. Page 11 A premium bid produces additional funds that can be used in several ways: • The premium means that the City needs less bond proceeds and can reduce the size of the issue by the amount of the premium. • The premium can be deposited in the Construction Fund and used to pay additional project costs, rather than used to reduce the size of the issue. • The premium can be deposited in the Debt Service Fund and used to pay principal and interest. Northland will work with City staff prior to the sale day to determine use of premium (if any). A consideration for use of premium is the bank qualification of the Bonds. Rating A rating will be requested from Standard and Poor’s (“S&P”). The City’s general obligation debt is currently rated "AA" by S&P. The rating process will include a conference call with the rating analyst from S&P. Northland will assist City staff in preparing for and conducting the rating calls. X-E-02 Northland Securities, Inc. Page 12 Attachment 4 – Calendar of Events The following checklist of items denotes each milestone activity as well as the members of the finance team who will have the responsibility to complete it. Please note this proposed timetable assumes regularly scheduled City Council meetings. Date Action Responsible Party January 18, 2022 Resolution Calling for the Public Hearing on the Capital Improvement Plan and Intent to Issue Capital Improvement Plan Bonds adopted Northland February 8, 2022 Public Hearing Notice Published no later than this date Draft Capital Improvement Plan distributed to City staff City Staff, Northland, Bond Counsel February 11, 2022 General Information Certificate relating to the Bonds sent to City for completion Northland January 2022 February 2022 Sun Mon Tue Wed Thu Fri Sat Sun Mon Tue Wed Thu Fri Sat 1 1 2 3 4 5 2 3 4 5 6 7 8 6 7 8 9 10 11 12 9 10 11 12 13 14 15 13 14 15 16 17 18 19 16 17 18 19 20 21 22 20 21 22 23 24 25 26 23 24 25 26 27 28 29 27 28 30 31 March 2022 April 2022 Sun Mon Tue Wed Thu Fri Sat Sun Mon Tue Wed Thu Fri Sat 1 2 3 4 5 1 2 6 7 8 9 10 11 12 3 4 5 6 7 8 9 13 14 15 16 17 18 19 10 11 12 13 14 15 16 20 21 22 23 24 25 26 17 18 19 20 21 22 23 27 28 29 30 31 24 25 26 27 28 29 30 May 2022 June 2022 Sun Mon Tue Wed Thu Fri Sat Sun Mon Tue Wed Thu Fri Sat 1 2 3 4 5 6 7 1 2 3 4 8 9 10 11 12 13 14 5 6 7 8 9 10 11 15 16 17 18 19 20 21 12 13 14 15 16 17 18 22 23 24 25 26 27 28 19 20 21 22 23 24 25 29 30 31 26 27 28 29 30 Holiday Important Date X-E-02 Northland Securities, Inc. Page 13 Date Action Responsible Party February 22, 2022 Public Hearing – Resolution Approving the Capital Improvement Plan and Issuance of the bonds Adopted (3/5 vote required) City Council Action February 28, 2022 City returns General Information Certificate to Northland City Staff March 14, 2022 Rating Request sent to S&P Northland, City Staff March 21, 2022 Preliminary Official Statement Sent to City for Sign Off Northland, City Staff March 23, 2022 Final project costs and sources of repayment provided to Northland City Staff March 24, 2022 Referendum Period Over Week of March 28 or April 4, 2022 Rating Call with S&P Northland, City Staff, Rating Agency March 30, 2022 Set Sale Resolution and Finance Plan Sent to City Northland, Bond Counsel April 4, 2022 Set Sale Resolution Adopted and Review of Finance Plan – 7:00 p.m. Northland, Bond Counsel, City Council Action April 8, 2022 Construction Bids Received City Staff April 14, 2022 Rating Received Northland, City Staff, Rating Agency April 27, 2022 Awarding Resolution sent to City Northland, Bond Counsel May 2, 2022 Bond Sale at 10:00 a.m. Bond Proposal Signed and Awarding Resolution adopted – 7:00 p.m. Northland, City Council Action June 1, 2022 Closing on the Bonds (Proceeds Available) Northland, City Staff, Bond Counsel X-E-02 Northland Securities, Inc. Page 14 Attachment 5 - Risk Factors Property Taxes: Property tax levies shown in this Finance Plan are based on projected debt service and other revenues. Final levies will be set based on the results of sale. Levies should be reviewed annually and adjusted as needed. The debt service levy must be included in the preliminary levy for annual Truth in Taxation hearings. Future Legislative changes in the property tax system, including the imposition of levy limits and changes in calculation of property values, would affect plans for payment of debt service. Delinquent payment of property taxes would reduce revenues available to pay debt service. Special Assessments: Special assessments for the financed projects have not been levied at this time. This Finance Plan is based on the assumptions listed earlier in this report. Changes in the terms and timing for the actual assessments will alter the projected flow of funds for payment of debt service on the Improvement Portion of the Bonds. Also, special assessments may be prepaid. It is likely that the income earned on the investment of prepaid assessments will be less than the interest paid if the assessments remained outstanding. Delinquencies in assessment collections would reduce revenues needed to pay debt service. The collection of deferred assessments, if any, has not been included in the revenue projections. Projected assessment income should be reviewed annually and adjusted as needed. Utility Revenues: The City pledges the net revenues of the sewer and water utilities to the payment of principal and interest on the Sewer Portion and Water Portion of the Bonds, respectively. The failure to adjust rates and charges as needed and the loss of significant customers will affect available net revenues. If the net revenues are insufficient, the City is required to levy property taxes or use other revenues to cover the deficiency. Property taxes can only be used on a temporary basis and may not be an ongoing source of revenue to pay debt service. General: In addition to the risks described above, there are certain general risks associated with the issuance of bonds. These risks include, but are not limited to: • Failure to comply with covenants in bond resolution. • Failure to comply with Undertaking for continuing disclosure. • Failure to comply with IRS regulations, including regulations related to use of the proceeds and arbitrage/rebate. The IRS regulations govern the ability of the City to issue its bonds as tax-exempt securities and failure to comply with the IRS regulations may lead to loss of tax- exemption. X-E-02 MUNICIPAL ADVISORY SERVICE AGREEMENT BY AND BETWEEN THE CITY OF HASTINGS, MINNESOTA AND NORTHLAND SECURITIES, INC. This Agreement is made and entered into by and between the City of Hastings, Minnesota (hereinafter "Client") and Northland Securities, Inc., of Minneapolis, Minnesota (hereinafter "Northland"). WITNESSETH WHEREAS, the Client desires to have Northland provide it with advice on the structure, terms, timing and other matters related to the issuance of the General Obligation Bonds, Series 2022A (the “Debt”) serving in the role of municipal (financial) advisor, and WHEREAS, Northland is a registered municipal advisor with both the Securities and Exchange Commission (“SEC”) and the Municipal Securities Rulemaking Board (“MSRB”) (registration # 866- 00082-00), and WHEREAS, Northland will act as municipal advisor in accordance with the duties and responsibilities of Rule G-42 of the MSRB, and WHEREAS, the MSRB provides a municipal advisory client brochure on its website (www.msrb.org) that describes the protections that may be provided by the MSRB rules, including professional competency, fair dealing, duty of loyalty, remedies for disputes and how to file a complaint with an appropriate regulatory authority, and WHEREAS, the Client and Northland are entering into this Agreement to define the municipal advisory relationship at the earliest opportunity related to the inception of the municipal advisory relationship for the Debt, and WHEREAS, Northland desires to furnish services to the Client as hereinafter described, NOW, THEREFORE, it is agreed by and between the parties as follows: SERVICES TO BE PROVIDED BY NORTHLAND Northland shall provide the Client with services necessary to analyze, structure, offer for sale and close the Debt. The services will be tailored to meet the needs of this engagement and may include: Planning and Development 1. Assist Client officials to define the scope and the objectives for the Debt. 2. Investigate and consider reasonably feasible financing alternatives. 3. Assist the Client in understanding the material risks, potential benefits, structure and other characteristics of the recommended plan for the Debt, including issue structure, estimated debt X-E-02 Municipal Advisory Service Agreement 2 service payments, projected revenues, method of issuance, bond rating, sale timing, and call provisions. 4. Prepare a schedule of events related to the issuance process. 5. Coordinate with bond counsel any actions needed to authorize the issuance of the Debt. 6. Attend meetings of the Client and other project and bond issue related meetings as needed and as requested. Bond Sale 1. Assist the Client with the preparation, review and approval of the preliminary official statement (POS). 2. Assist the Client and bond counsel with preparing and publishing the Official Notice of Sale if required by law. 3. Prepare and submit application for bond rating(s) and assist the Client with furnishing the rating agency(s) with any additional information required to conduct the rating review. Assist the Client with preparing and conducting the rating call or other presentation. 4. Assist the Client in receiving the bids, compute the accuracy of the bids received, and recommend to the Client the most favorable bid for award. 5. Coordinate with bond counsel the preparation of required contracts and resolutions. Post-Sale Support 1. Assist the Client with the preparation of final official statement, distribution to the underwriter and posting on EMMA. 2. Coordinate the bond issue closing, including making all arrangements for bond printing, registration, and delivery. 3. Furnish to the Client a complete transcript of the transaction, if not provided by bond counsel. There are no specific limitations on the scope of this agreement. COMPENSATION For providing these services with respect to the Debt, Northland shall be paid a lump sum of $27,420. The fee due to Northland shall be payable by the Client upon the closing of the Bonds. Northland agrees to pay the following expenses from its fee: • Out-of-pocket expenses such as travel, long distance phone, and copy costs. • Production and distribution of material to rating agencies and/or bond insurance companies. • Preparation of the bond transcript. The Client agrees to pay for all other expenses related to the processing of the bond issue(s) including, but not limited to, the following: • Engineering and/or architectural fees. • Publication of legal notices. • Bond counsel and local attorney fees. • Fees for various debt certificates. • The cost of printing Official Statements, if any. • Client staff expenses. • Airfare and lodging expenses of one Northland official and Client officials when and if traveling for rating agency presentations. • Rating agency fees, if any. X-E-02 Municipal Advisory Service Agreement 3 • Bond insurance fees, if any. • Accounting and other related fees. It is expressly understood that there is no obligation on the part of the Client under the terms of this Agreement to issue the Debt. If the Debt is not issued, Northland agrees to pay its own expenses and receive no fee for any municipal advisory services it has rendered pursuant to this Agreement. CONFLICTS OF INTEREST Northland, as your Municipal Advisor, mitigates conflicts through its adherence to its fiduciary duty to the Client, which includes a duty of loyalty to the Client in performing all municipal advisory activities for the Client. This duty of loyalty obligates Northland to deal honestly and with the utmost good faith with the Client and to act in the Client’s best interests without regard to our own financial or other interests. In addition, because Northland is a broker-dealer with significant capital due to the nature of its overall business, the success and profitability of Northland is not dependent on maximizing short-term revenue generated from individualized recommendations to its clients but instead is dependent on long-term profitably built on a foundation of integrity, quality of service and strict adherence to its fiduciary duty. Furthermore, Northland’s municipal advisory supervisory structure leverages our long-standing and comprehensive broker-dealer supervisory processes and practices, and provides strong safeguards against individual representatives of Northland potentially departing from our regulatory duties due to personal interests. The disclosures below describe, as applicable, any additional mitigations that may be relevant with respect to any specific conflict disclosed below. Northland serves a wide variety of other clients that may from time to time have interests that could have a direct or indirect impact on the interests of the Client. For example, Northland serves as Municipal Advisor to other Municipal Advisory clients and, in such cases, owes a regulatory duty to such other clients just as it does to the Client under this Agreement. These other clients may, from time to time and depending on the specific circumstances, have competing interests, such as accessing the new issue market with the most advantageous timing and with limited competition at the time of the offering. In acting in the interests of its various clients, Northland could potentially face a conflict of interest arising from these competing client interests. In other cases, as a broker-dealer that engages in underwritings of new issuances of municipal securities by other municipal entities, the interests of Northland to achieve a successful and profitable underwriting for its municipal entity underwriting clients could potentially constitute a conflict of interest if, as in the example above, the municipal entities that Northland serves as underwriter or municipal advisor have competing interests in seeking to access the new issue market with the most advantageous timing and with limited competition at the time of the offering. However, none of these other engagements or relationships would impair Northland’s ability to fulfill its regulatory duties to the Client. The compensation for services provided in this Agreement is customary in the municipal securities market, however, it may pose a conflict of interest. The fees due under this Agreement are in a fixed amount established at the outset of the Agreement. The amount is usually based upon an analysis by Client and Northland of, among other things, the expected duration and complexity of the transaction and the Scope of Services to be performed by Northland. This form of compensation presents a X-E-02 Municipal Advisory Service Agreement 4 potential conflict of interest because, if the transaction requires more work than originally contemplated, Northland may suffer a loss. Thus, Northland may recommend less time-consuming alternatives, or fail to do a thorough analysis of alternatives. This conflict of interest is mitigated by supervisory policies and procedures to ensure the scope of services within the transaction align with other comparable engagements. By executing this Agreement, the Client acknowledges and accepts the potential conflicts of interest posed by the compensation to Northland. Northland does not participate in any payments to be retained, nor participate in any fee splitting agreements or arrangements. Northland is also a broker-dealer that engages in a broad range of securities-related activities to service its clients, in addition to serving as a Municipal Advisor or Underwriter. Such securities-related activities, which may include but are not limited to the buying and selling of outstanding securities, including securities of the Client, may be undertaken on behalf of, or as counterparty to, the Client, and current or potential investors in the securities of the Client. These other Northland clients may, from time to time and depending on the specific circumstances, have interests in conflict with those of the Client, such as when their buying or selling of the Client’s securities may have an adverse effect on the market for the Client’s securities. However, any potential conflict arising from Northland effecting or otherwise assisting such other clients in connection with such transactions is mitigated by means of such activities being engaged in on customary terms through other business units of Northland that operate independently from Northland’s Municipal Advisory business, thereby reducing or eliminating the likelihood that the interests of such other clients would have an impact on the services provided by Northland to the Client under this Agreement. Northland has policies and procedures in place to ensure that Northland as a broker-dealer is not participating in bidding or determining market prices for the Client’s transaction that is covered under this Agreement. Northland Capital Holdings is the parent company of Northland Securities. A subsidiary of Northland Capital Holdings is Northland Trust, Inc. Northland Trust provides paying agent services to issuers of municipal bonds. The Client is solely responsible for the decision on the source of paying agent services. Any engagement of Northland Trust is outside the scope of this Agreement. No compensation paid to Northland Trust is shared with Northland Securities. Northland is not aware of any additional material conflicts of interest that could reasonably be anticipated to impair Northland’s ability to provide advice to or on behalf of the Client in accordance with the standards of conduct for municipal advisors. LEGAL AND DISCIPLINARY ACTIONS There are no legal or disciplinary events reported by the Securities and Exchange Commission contained in Form MA or Form MA-I. The Client can find information about these forms and accessing information related to Northland at www.sec.gov/municipal/oms-edgar-links. SUCCESSORS OR ASSIGNS The terms and provisions of this Agreement are binding upon and inure to the benefit of the Client and Northland and their successors or assigns. X-E-02 Municipal Advisory Service Agreement 5 TERM OF THIS AGREEMENT This Agreement may be terminated by thirty (30) days written notice by either the Client or Northland and it shall terminate sixty (60) days following the closing date related to the issuance of the Debt. Dated this 4th day of April, 2022. Northland Securities, Inc. By: Tammy Omdal, Managing Director By: Jessica Green, Managing Director By: _________________________________ Clifton Schultz, Managing Director City of Hastings, Minnesota By: _________________________________ Its: _________________________________ X-E-02