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Home My WebLink About20220418 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 18, 2022 7:00 p.m. I. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. ROLL CALL IV. DETERMINATION OF QUORUM New Employee Introductions Emily King, Deputy City Clerk Nick Kummer, Parkkeeper II Regina Hospital Update, President Helen Strike Hwy 61 Corridor Study Preview, MNDOT Engineer Bryant Ficek V. APPROVAL OF MINUTES Approve Minutes of the City Council regular meeting on April 4, 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. Proclamation: Arbor Day 2022 3. Accept UASI Grant for Ballistic Helmets for Sworn Personnel 4. Accept Sponsorship from Ardent Mills for Movies in the Park series 5. Resolution: Accept Sponsorship from SC Toys for Rec+Art+Police Summer Programming 6. Declare Surplus Property and Authorize for Public Sale – Jeep Liberty 7. Resolution: Accept Donation from the Murtaugh Family & Friends to the Parks and Recreation Department 8. Resolution: Special Event Designation – Animal Ark 3K with Temporary Liquor License 9. Resolution: Approve Outdoor Music-Tent Application with Liquor License Amendment for Me & Julio 10. Authorize Signature: License to Encroach - Jocor (1700 Vermillion St). 11. Authorize Signature: Development Agreement - Heritage Ridge 3rd Addition 12. Authorize Signature: Stormwater Maintenance Agreement - Stencil Addition 13. Resolution: NJS LLC (Stencil) - Termination of Purchase and Development Agreement\Approval of Separate Purchase and Development Agreements 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 14. Authorize Signature: Utility Abandonment Agreement\Utility Placement in ROW - Stencil 15. 1st Reading: Amend City Code (Rezoning) - C-3 to R-3 - Castro (117 22nd St W) 16. Accept Grant: Minnesota Economic Development Foundation - Community Development Internship Scholarship 17. Fire Station Alerting System - Memorandum of Understanding 18. Mayor’s Monarch Butterfly Pledge Day 19. Resolution Accepting Work and Ordering Final Payment for Project 2021-2, 2021 Sanitary Sewer Lining Program 20. Professional Services Agreement for Construction Observation and Support with WSB & Associates IX. AWARDING OF CONTRACTS AND PUBLIC HEARING These are formal proceedings that give the public the opportunity to express their concern, ask questions, provide additional information, or support on a particular matter. Once the public hearing is closed, no further testimony is typically allowed and the Council will deliberate amongst itself and with staff and/or applicant on potential action by the Council. 1. Resolution Receiving Bids and Awarding Contract for Project 2022-1, 2022 Neighborhood Infrastructure Improvements X. REPORTS FROM CITY STAFF These items are intended primarily for Council discussion and action. It is up to the discretion of the Mayor as to what, if any, public comment will be heard on these agenda items. A. Public Works B. Parks and Recreation C. Community Development 1. Administrative Citations: a. 2nd Reading\Adopt Ordinance: City Code Amendment Chapter 10 - General Provisions - Administrative Citations b. 2nd Reading\Adopt Ordinance: City Code Amendment Chapter 95 - Health and Safety; Nuisances - Public Nuisances c. 2nd Reading\Adopt Ordinance: City Code Amendment Chapter 32.04.A - Disposal of Abandoned Vehicles d. 2nd Reading\Adopt Ordinance: City Code Amendment Chapter 158 - Property Maintenance e. 2nd Reading\Adopt Ordinance: City Code Amendment Chapter 34.03 - Fee Schedule f. 2nd Reading\Adopt Ordinance: City Code Amendment Chapter 91.30 - Dangerous Dogs g. 2nd Reading\Adopt Ordinance: City Code Amendment - Repealing Criminal Penalties, Violations and Citations for Various City Code Sections. D. Public Safety E. Administration 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 1. Closed Meeting Pursuant to Minn. Stat. 13D.05 subd. 3(b) for Attorney-Client Privileged Communication. XI. UNFINISHED BUSINESS XII. NEW BUSINESS XIII. REPORTS FROM CITY COMMITTEES, OFFICERS, COUNCILMEMBERS XIV. ADJOURNMENT Next Regular City Council Meeting: Monday May 2, 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 April 4, 2022 The City Council of the City of Hastings, Minnesota met in a regular meeting on Monday, April 4, 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, Fox, Leifeld, Lund and Vaughan Members Absent: None 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 21, 2022. Minutes were approved as presented. Consent Agenda 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 Councilmember Braucks motioned to approve as presented, seconded by Councilmember Folch. Ayes 7; 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, 2022 Neighborhood Infrastructure Improvements Stempski presented a summary of the 2022 Neighborhood Infrastructure Improvements Assessments. The proposed plan has five impacted areas. Stempski reviewed the total project cost breakdown and stated the City hired a third-party independent appraiser to evaluate. Appraisers send their reports to City Staff who then use the report information to establish rates. Stempski reviewed the recommended assessment rates for each of the five impacted areas within this project. Stempski provided Council with an assessment example and provided additional information on the assessment abatements or financial aid offered for this project for those who qualify. Stempski also provided additional financial aid options for senior citizens, disabled, or military persons that may be eligible. Mayor Fasbender opened the public hearing at 7:19 PM. Mike Zappa – 1000 5th Street West Mr. Zappa asked how often do residents have to pay the fifty-dollar fee and who it is paid to. Stempski clarified that the fifty-dollar payment is a one-time payment. Mr. Zappa asked how he can access information to help assist him to learn about financial aid. There was concern regarding the length of the project and specifically what was going to be replaced throughout the project. Councilmember Lund clarified the financial aid assistance options for residents effected by this project. Scott Blaney – 1165 Teal Way Mr. Blaney asked clarifying questions on certain costs, and questioned how these improvements would affect their property value. Stempski helped provide clarification on Mr. Blaney’s questions. Lori Mikel – 1157 Sherman Way Ms. Mikel asked if the interest rate would be locked in or if it would change within the economy. Ms. Mikel questioned how long the project would affect their area and how the roads are assessed, Stempski clarified the proposed timeline of the project and helped provide explanation to how the roadways are assessed. Sherry Litz – 3533 Village Trail Ms. Litz expressed her surprise at the project in the area of Village Trail. Ms. Litz asked when the current road was put in and how long does the City expect the road to last before having to replace again and if additional improvements are being made to help it last longer. Mr. Litz expressed concern regarding accessibility with the County Road 46 project as well. Stempski clarified that the current roadway is approaching twenty years. Stempski stated the hope is to get another twenty years or more out of the new project. Ms. Litz questioned the water main and sewer lifetime. Stempski provided an explanation and explained minor improvements with Fire Hydrants as well. Ms. Litz questioned if the improvements include medians to help control traffic flow better. Ms. Mikel asked if it were possible to add in additional speed limit signs. Stempski commented on the process to collect data for these areas and projects so the City can understand where issues of excessive speed occur. Royce Anderson – 1237 13th Street Mr. Anderson commented on the assessment he was given. He stated he was assessed for more property than he thought he would be. Stempski responded with the specifics on how the assessments were completed. Mr. Anderson asked if it would be possible to move the barricade on the end of his property to gain additional parking spaces. 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 Clifton Bolden – 1101 Park Lane Mr. Bolden expressed concern on the equipment used for these improvement projects and the safety of the area throughout construction. Stempski explained how the contractors use areas to park, and assured Mr. Bolden that the City would work hard to maintain safety throughout the duration of the project. Mr. Bolden asked if the City pays any amount of the fees associated with the project for City owned property. Ryan Karl – 3121 Teal Court Mr. Karl asked if the fifth area would affect the easements on residential property specifically any sodding that may be damaged. Stempski explained the reclaimed project specifics and how replacement sections would proceed stating that about three feet behind the back of the curb is needed. Mr. Karl questioned how certain sections of curbing in front of his home would be replaced. Mr. Karl asked what year the property values were taken from before the appraisals were done. Stempski clarified the information is based off of the value of the property entirely with the appraisal reports from 2021 and 2022. Mr. Karl raised concern about how the appraisal for his property was equated. Mayor Fasbender closed the public hearing at 8:01 PM. Council discussion on the irregular lot on 13th Street. Vaughan commented on the concerns the residents raised and expressed appreciation for their comments and questions. Vaughan praised the Public Works department for their work on this project. Vaughan asked that we follow up with each resident that has expressed concern. Councilmember Lund echoed Vaughan’s comments regarding the irregular lot on 13th Street. Lund asked what percentage is bonded and what percentage is assessed for a project. Stempski clarified that seventy percent is community responsibility and thirty percent is the homeowner responsibility. Councilmember Leifeld commented on the objection to the assessment on 13th Street from Mr. Anderson. Leifeld empathized with the resident’s concerns but brought the attention to the necessity of these projects. Councilmember Braucks echoed comments from other Councilmembers. Braucks empathized to concerns and commented on the betterment of this project to our community. Councilmember Fox credited our Public Works department for their work within this project. Fox asked Stempski to define the difference between reconstructing and reclaiming. Stempski raised attention to the benefits of reclaiming and investing in the best products for long term benefit. Fox raised attention to the necessity of additional speed regulation signs. Mayor Fasbender extended gratitude to residents and Public Works and assured continued support from City Staff with residents throughout the process. Councilmember Leifeld motioned to approve as presented, seconded by Councilmember Fox. Ayes 7; Nays 0. Award of Contract, 2022 Mill & Overlay Program Stempski provided an overview about the 2022 Mill & Overlay Program. The five bids received were competitive, and noted the bituminous raw material was about 32% higher than last year. Stempski recommended the award of contract to Minnesota Paving & Materials, in the amount of $452,751.93. Councilmember Lund motioned to approve as presented, seconded by Councilmember Braucks. Ayes 7; 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 Charter Ordinance – Section 1.03: Ward Boundaries Murtaugh presented a summary of the Ordinance Amendment Section 1.03: Ward Boundaries. The amendment is in response to the 2020 Census figures. Murtaugh noted a recent annexation was inadvertently omitted in the initial map provided to Council. Murtaugh clarified the omitted area does not impact the Ward Boundary language. Murtaugh extended appreciation to the Charter Commission and Staff for their work. Mayor Fasbender opened the public hearing at 8:30 pm, and hearing no comments closed the public hearing was closed at 8:31 pm. Councilmember Lund motioned to approve as presented, seconded by Councilmember Leifeld. Ayes 7; Nays 0. 2nd Reading and Adoption of City Code Amendment – Chapter 51.05G – Water Conservation Stempski provided a summary of the ordinance adoption of the amendment to Hastings City Code Chapter 51.05G – Water Conservation. Stempski provided background information pertaining to the drought experienced in 2021. Stempski and City Staff had many discussions with the Department of Natural Resources, Department of Health, and Peer Communities. This amendment is in an act of being proactive for preserving our resources. Stempski clarified the exemption for new lawns extending the exemption from one week to two weeks. Council discussion on last year droughts as well as water rate increase. Vaughan commented on educating residents for one additional year to move towards best practices. Folch thanked staff for the proactive recommendation. Folch commented on the necessity for these changes and provide consistency within these restrictions. Leifeld clarified the proposed changes to the ordinance and questioned the meaning behind the new language used. Stempski provided clarification on how the new language sets up the explanation of the following language within the ordinance. Leifeld agreed with moving toward best practices. Land provided clarification on when certain activities are prohibited. Mayor Fasbender expressed concern on how the community will be notified of these changes. Stempski provided the next steps which includes approval of the ordinance, update our City website, mailers, door hangers, etc. Braucks asked about the exemption for new sod and how it was decided that two weeks was enough time. Stempski provided explanation on receiving requests from residents for an extension to be sufficient. Braucks asked who would enforce the new ordinance. Stempski stated it would act similarly as the odd – even enforcement. Stempski provided further explanation for the steps staff would take upon observing any non-compliance. Lund questioned if education would be effective if we did not implement watering restrictions into our ordinances. Lund expressed the need to create good habits and awareness for residents in these next few years. Vaughan raised concern for residents that may work uncommon hours where those hours may be when those residents choose to tend to their lawn. Councilmember Folch motioned to approve as presented, seconded by Councilmember Fox. Ayes 6, Nays 1 – Councilmember Vaughan 1st Reading - Administrative Citations Hinzman presented an introduction to the City Code Amendment – Administrative Citations. Hinzman stated the goals of these proposed amendments. Attorney Land provided an overview of the proposed 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 ordinance amendments. These proposed amendments create an administrative process to enforce certain nuisance code violations. Land provided an example for Council addressing the steps that will be taken if a complaint was received. Land defined abatement relative to the proposed citations and provided a situation of which an Administrative Citation will be presented to the resident. Land reviewed the proposed citation penalties in relation to violations. Land reviewed the definition and situations of a potentially dangerous dog. Council discussion on the benefits of shifting from criminal citations to administrative citations. Lund raised awareness to the benefits to these changes. Land provided an overview to the current criminal process and how administrative citations provide a better efficient way to address these situations. Councilmember Braucks motioned to approve as presented, seconded by Councilmember Folch. Ayes 7; Nays 0. Site Plan, Public Works Storage Building (1225 Progress Drive) Hinzman presented a summary of the site plan #2022-26 for the Public Works Storage Building. Hinzman stated the Planning Commission reviewed the site plan and motioned to approve. Council discussion on the opposition from one of the Planning Commissioners. Hinzman provided an explanation of the opposition of the site plan due to concerns of storm water drainage. Councilmember Folch motioned to approve as presented, seconded by Councilmember Fox. Ayes 7; Nays 0. Budget Amendment to Support Building Inspection Services Wietecha presented a summary of the budget amendment to support Building Inspection Services for the City. Wietecha commented on the new developments coming to the City just this year, and expressed the concern for the workload it will provide to staff. Wietecha proposed the budget amendment to be able to hire additional staff, propose a modest wage increase with a retention bonus. Wietecha commented on the awareness to the current compensation study which will be completed this summer as well as ensuring we recognize the need to propose wage increases to current staff. Wietecha shared the current workload staff already has which highlights the need for additional staff. Council discussion on the proposed 3% staff increase. Vaughan commented on how the applicable fees would counteract the cost of this amendment. Braucks stated this item would be a great item for the Administration Committee to review initially before these items are brought to Council. Braucks questioned the costs implemented within these changes for the year 2022 and forward. Wietecha provided explanation emphasizing the need for 2022 and included these new developments will prove to need additional staff. Lund expressed the need for these items to go to the Committee initially as well as waiting to review this amendment until the compensation study is completed. Wietecha expressed his understanding with completing the compensation study prior to proposing the budget amendment. Wietecha expressed concern regarding retention to continue to support current staff. Folch supported the staff recommendations and agreed that consistency for staff wages is important. Folch expressed the difficulties other municipalities are experiencing trying to fill these positions. Leifeld asked for clarification on the competitive range. Leifeld questioned what happens with the 3% increase. Wietecha explained the 3% would increase the entire range and recognized the competitiveness of the current environment. Leifeld provided a personal example on how these raises can shift the top tiers. Leifeld questioned if these raises would be possibly granted upon performance review. Wietecha 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 clarified the current proposal is for acting on right now, not upon performance review. Leifeld raised concern with consistency. Vaughan agreed that administration should hire an additional inspector through this season but revisit after the compensation study is completed. Lund expressed concern that the compensation study needs to be completed prior to these continued discussions. Leifeld questioned who building inspectors, building officials, and senior permit technician report to and asked if all these positions get an increase in wages of 3%. Wietecha expressed his appreciation for the concern of consistency. Fox expressed concern that this needed to go before the Administration Committee. Fox is concerned that there could be issues with getting inspections done that could cause a halt to development. Mayor Fasbender commented on the urgent need for an additional inspector to be able to support our staff. Vaughan clarified the motion on the floor. Councilmember Fox motioned to approve as presented, seconded by Councilmember Lund. Ayes 5; Nays 2 – Vaughan, Leifeld. Providing for Competitive Negotiated Sale of General Obligation Bonds, Series 2022A Tammy Omdal, Northland Securities, presented the proposed sale date as May 2, 2022 for $6.8M General Obligation Improvement Bonds. The bonds are for financing the 2022 street improvements project, water tower reconditioning project, and storage building project for Public Works. Omdal spoke about estimated interest rates. Omdal cautioned Council on the challenging market in regards to the possible interest rate. Omdal reviewed the process that will take place upon the bonds proposed sale date. Council discussion on the bond rating. Vaughan questioned if our bond rate is affected by how often the City asks for the rate, comparing to credit scores. Omdal clarified bond rates are rated for specific bond series, it would have no negative effect on the City. Vaughan commented on last year’s rate, asking if we can bond additional funds based on the rate received. Omdal clarified that we cannot bond additional funds due to the bids being based on a specific amount. Omdal clarified the breakdown of a premium bid. Folch questioned last year’s specific bond rate. Omdal responded that rates have significantly increased compared to last year and clarified how bonds are affected by term as well. Councilmember Folch motioned to approve as presented, seconded by Councilmember Fox. Ayes 7; Nays 0. Announcements • Councilmember Folch reported that the Arts Task Force has been meeting every other week since January and will be recommending a Commission structure. They have a goal of the end of May to present Charter documents and staffing plan ideas. • Councilmember Folch reported that the Dakota County Board has advised that the County withdraw from Dakota Broad Band and will be meeting again on April 13, 2022. • Free Document Shredding for Dakota County residents on Saturday, April 9th • Spring Cleanup curbside and drop-off options Monday, April 11 – Friday, April 22 • On Friday, April 5, volunteer with the Hastings Parks Department to plant a tree in celebration of Arbor Day. 1 pm at the Hastings River Flats. • Deadline: April 15 for musicians to apply to be part of Make Music Day on June 21. The application form is on the City website. • United Way of Hastings will be hosting a 3-session series on Fentanyl Awareness on April 26, May 3, and May 10. Info at United Way of Hastings. 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 • Planning Commission Meeting on Monday, April 11, 2022 at 7:00 PM • Parks & Recreation Commission Meeting on Tuesday, April 12, 2022 at 7:00 PM • Arts Task Force on Wednesday, April 13, 2022 at 6:00 PM • HEDRA Meeting on Thursday, April 14, 2022 at 6:00 PM • City Council Workshop on Monday April 18, 2022 at 5:30 PM • City Council Regular Meeting on Monday, April 18, 2022 at 7:00 PM Councilmember Braucks motioned to adjourn the meeting at 9:46 PM, seconded by Councilmember Lund. Ayes 7; Nays 0. ____________________________ ______________________________ Mary Fasbender, Mayor Kelly Murtaugh, City Clerk City Council Memorandum To: Mayor Fasbender & City Council Members From: Connie Lang – Accountant Date: 04/14/2022 Item: Disbursements Council Action Requested: Staff requests: Council review of March 2022 CenterPoint & Xcel payments. Council review of weekly routine disbursements issued 04/12/2022. Council approval of routine disbursements, capital purchases and employee reimbursements to be issued 04/19/2022. 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: March 2022 Xcel Payments $ 46,035.55 March 2022 CenterPoint Payment $ 27,341.83 Disbursement Checks, EFT on 04/12/2022 $ 273,716.12 Disbursement Checks & EFT to be issued on 04/19/2022 $ 493,653.84 Advisory Commission Discussion: N/A Council Committee Discussion: N/A Attachments: ● Disbursement Reports VIII-01 Xcel Acct #Amount Date Paid Account # 51-6960213-7 1,931.54 2-Mar 101-140-1403-6343 51-6960208-0 2,015.83 14-Mar 101-140-1404-6343 51-8110141-1 43.75 14-Mar 101-140-1407-6343 51-6960219-3 61.99 11-Mar 101-201-2016-6343 51-6960210-4 159.16 14-Mar 101-300-3100-6343 51-6960210-4 795.82 14-Mar 101-301-3200-6343 51-0011278454-9 102.89 14-Mar 101-302-3201-6343 51-0263715-0 574.59 14-Mar 101-302-3201-6343 51-6960218-2 14,963.38 21-Mar 101-302-3201-6343 51-6960215-9 2,251.20 9-Mar 200-401-4440-6343 51-0010048093-4 16.55 14-Mar 200-401-4440-6343 51-0011082067-5 247.99 14-Mar 200-401-4440-6343 51-6960220-6 934.50 11-Mar 200-401-4447-6343 51-6960209-1 215.20 1-Mar 201-401-4240-6343 51-6960209-1 218.59 30-Mar 201-401-4240-6343 51-6960214-8 1,020.49 11-Mar 213-210-2100-6343 51-7216831-9 474.09 14-Mar 220-450-4160-6343 51-6960216-0 11,444.10 3-Mar 600-300-3300-6343 51-6960210-4 636.65 14-Mar 600-300-3300-6343 51-6960216-0 3,793.54 3-Mar 600-300-3302-6343 51-6960217-1 1,598.35 9-Mar 601-300-3400-6343 51-6960212-6 2,535.35 4-Mar 620-300-3500-6343 TOTAL 46,035.55 XCEL AUTOMATIC PAYMENTS Mar 2022 Payments VIII-01 Police 101-140-1403-6345 79.78 City Hall 101-140-1404-6345 4,819.88 City Storage 101-140-1407-6345 1,715.40 Alt Learning Ctr 101-401-4143-6345 434.84 Parks 200-401-4440-6345 759.50 Jt Maint 200-401-4447-6345 2,931.44 Pool 201-401-4240-6345 271.50 Fire 213-210-2100-6345 2,912.42 Le Duc 220-450-4160-6345 1,317.53 Water 600-300-3300-6345 2,335.55 Water 600-300-3302-6345 457.84 Garage 601-300-3400-6345 1,903.04 Arena 615-401-4103-6345 7,403.11 TOTAL 27,341.83 March 2022 CenterPoint Payments CENTERPOINT ENERGY VIII-01 04-11-2022 08:53 AM Council Report APR 12TH PYMTS, 2022 PAGE: 1 DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_ CITY CLERK GENERAL GOODHIRE BACKGROUND CHECK 76.00_ TOTAL: 76.00 FINANCE GENERAL HILDI, INC GASB 75 ACTUARIAL SERVICES 1,990.00_ TOTAL: 1,990.00 LEGAL GENERAL LEVANDER, GILLEN & MILLER, P.A. MARCH LEGAL FEES 2,250.00 MARCH LEGAL FEES 105.00 MARCH LEGAL FEES 195.00 MARCH LEGAL FEES 914.72 MARCH LEGAL FEES 4,272.50 MARCH LEGAL FEES 45.00 MARCH LEGAL FEES 102.50_ TOTAL: 7,884.72 FACILITY MANAGEMENT GENERAL GILBERT MECHANICAL CONTRACTORS, INC. PD & PW BOILER WALK THROUG 1,492.50 PD UPDATE VAV IN EVIDENCE 2,687.60 DALCO CAN LINERS 54.98 MN DEPT/LABOR & INDUSTRY CH YEARLY ELEVATOR FEE 100.00 PD YEARLY ELEVATOR FEE 100.00_ TOTAL: 4,435.08 POLICE GENERAL DAKOTA COMMUNICATIONS CENTER MAY 2022 DCC FEE 27,794.00 DKMAGS INC. RIFLE REPLACEMENT PLAN 8,414.97 MARIE RIDGEWAY LICSW LLC THERAPY AND CHECK-INS 1,010.00 MOBILE PRO SYSTEMS CAMER TRAILER WARRANTY 1,919.00 SAFE RESTRAINTS / THE WRAP EQUIPMENT-THE WRAP RESTRAI 2,958.12 DAKOTA ELECTRIC ASSN ELECTRIC 17.84 HASTINGS VEHICLE REGIS. 2022 - BLAZER, EQUINOX 100.00 MN DEPT OF PUBLIC SAFETY 2022 CHEVY EQUINOX 28.25_ TOTAL: 42,242.18 BUILDING & INSPECTIONS GENERAL KLETSCHKA INSPECTIONS, LLC ELECTRICAL INSPECTIONS 2,222.40_ TOTAL: 2,222.40 PUBLIC WORKS STREETS GENERAL PRECISE MOBILE RESOURCE MGMT. LLC DATA PLAN 180.00 HOMETOWN ACE HARDWARE STEEL WOOL PADS, MOTOR OIL 30.83 NAPA AUTO PARTS BATTERY, CORE DEPOSITS 151.99 SPIN CITY LAUNDROMAT, LLC. LAUNDER RAGS 20.00 CONFLUENCE DEVELOPMENT, LLC PARKING RAMP MISC. CLEAN U 3,012.68 XCEL ENTERY CHARGES-6/21 - 580.84 XCEL ENTERY CHARGES-6/21 - 159.33 ANDERSEN, EARL F. SIGNS, MOUNTS, BUNDY KIT 1,598.00 CCP INDUSTRIES INC RAGS 146.12 TERRYS HARDWARE, INC. SUPPLIES 142.37 NUSS TRUCK & EQUIPMENT WIPER ARMS 222.80 WIPER ARMS 3.34 UNLIMITED SUPPLIES INC. PINS, STEEL WHEELS, ETC 68.42 ZIEGLER, INC. FILTERS, ELEMENTS, CAT PAR 690.90 SNOW WOLF PLOW 16,421.00_ TOTAL: 23,428.62 PARKS & RECREATION PARKS CINTAS CORPORATION NO 2 JMF FIRST AID SUPPLIES 82.50 HOMETOWN ACE HARDWARE SHOP SUPPLIES 141.42 NAPA AUTO PARTS FUEL CAP FOR FORD TRUCK 9.99 PAN -HANDLERS STEEL DRUM BANK SUMMER KICK OFF MUSIC 1,000.00 VIII-01 04-11-2022 08:53 AM Council Report APR 12TH PYMTS, 2022 PAGE: 2 DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_ MISSISSIPPI WELDERS SPPLY WELDERS & TORCH SUPPLIES 144.56 MTI DISTRIBUTING COMPANY 5910 PARTS 1,229.89 5910 BEARING & KIT 134.72 BEARING & SEAL 54.55 NIEBUR TRACTOR & EQUIPMENT, INC. SNOW BLOWER SHOES 190.72 TERRYS HARDWARE, INC. REPAIR ON 5910 38.78 MISC TOOLS FOR SHOP 11.48_ TOTAL: 3,038.61 FIRE FIRE & AMBULANCE O'REILLY AUTOMOTIVE HEAD LIGHT FOR ENGINE #4 38.18 DAKOTA COMMUNICATIONS CENTER MAY 2022 DCC FEE 13,897.00 IMAGE TREND, INC. MONTHLY FEE 675.00 PHASE 2 MONTHLY FEE 281.39 HOMETOWN ACE HARDWARE PARTS FOR RESCUE BOAT #1 47.05 NAPA AUTO PARTS FILTER FOR BOAT #1 10.15 FUSE FOR BOAT #1 5.78 MACQUEEN EQUIPMENT, INC. FIRE BOOTS 1,034.91 NIEBUR TRACTOR & EQUIPMENT, INC. REPAIR TO CHAIN SAW 43.73 TERRYS HARDWARE, INC. STATION SUPPLIES 1.79 STATION SUPPLIES 0.48_ TOTAL: 16,035.46 AMBULANCE FIRE & AMBULANCE UCARE OVERPAYMENT RECOVERY EMILY SHOEN - OVERPAYMENT 611.19 BOUND TREE MEDICAL LLC MEDICAL SUPPLIES 18.78 MEDICAL SUPPLIES 53.60 MISCELLANEOUS V MADALYNN EBERT MADALYNN EBERT : AMB REFUN 95.11 CARLY FORSBERG CARLY FORSBERG : AMB REFUN 50.00 WI MA WI MA : AMBULANCE REFUND 204.38 JOSHUA FRY JOSHUA FRY : AMB REFUND 1,148.26 LINDE GAS & EQUIPMENT INC. OXYGEN 132.56_ TOTAL: 2,313.88 ECONOMIC DEVELOPMENT HEDRA LEVANDER, GILLEN & MILLER, P.A. MARCH LEGAL FEES 27.00 MARCH LEGAL FEES 78.00 MARCH LEGAL FEES 52.00 DAKOTA COUNTY CDA OPEN TO BUSINESS 2022 FEE 5,150.00 CENTERPOINT ENERGY 412 VERMILLION ST- MARCH H 18.00_ TOTAL: 5,325.00 PUBLIC WORKS 2022 IMPROVEMENTS BARR ENGINEERING CO. 2022-1 REVIEW 5,562.00_ TOTAL: 5,562.00 DEBT 2012 GO IMPROVEMEN DAKOTA COUNTY PROPERTY RECORDS COUNTY ASSESSMEN CERT. FEE 196.10_ TOTAL: 196.10 DEBT 2013 GO IMPROVEMEN DAKOTA COUNTY PROPERTY RECORDS COUNTY ASSESSMEN CERT. FEE 106.00_ TOTAL: 106.00 DEBT 14 IMPROVEMENT DAKOTA COUNTY PROPERTY RECORDS COUNTY ASSESSMEN CERT. FEE 280.90_ TOTAL: 280.90 DEBT 2015 GENERAL OBLIG DAKOTA COUNTY PROPERTY RECORDS COUNTY ASSESSMEN CERT. FEE 42.40_ TOTAL: 42.40 DEBT 2016 GENERAL OBLIG DAKOTA COUNTY PROPERTY RECORDS COUNTY ASSESSMEN CERT. FEE 100.70_ TOTAL: 100.70 VIII-01 04-11-2022 08:53 AM Council Report APR 12TH PYMTS, 2022 PAGE: 3 DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_ DEBT 2017 G O DEBT DAKOTA COUNTY PROPERTY RECORDS COUNTY ASSESSMEN CERT. FEE 137.80_ TOTAL: 137.80 DEBT 2018 G O DEBT DAKOTA COUNTY PROPERTY RECORDS COUNTY ASSESSMEN CERT. FEE 233.20_ TOTAL: 233.20 DEBT 2019 GO DEBT DAKOTA COUNTY PROPERTY RECORDS COUNTY ASSESSMEN CERT. FEE 609.50_ TOTAL: 609.50 DEBT 2020A GO DEBT DAKOTA COUNTY PROPERTY RECORDS COUNTY ASSESSMEN CERT. FEE 402.80_ TOTAL: 402.80 DEBT 2021A GO DEBT DAKOTA COUNTY PROPERTY RECORDS COUNTY ASSESSMEN CERT. FEE 270.30_ TOTAL: 270.30 NON-DEPARTMENTAL WATER MISCELLANEOUS V BAHR, JEREMY/DENISE 02-295000-02 294.21 MACLENNAN, JANE M 06-176000-04 5.81 CANELA, ANTHONY 07-301000-06 13.67 HOGLUND, BRENT/FELIC 10-298000-01 140.26 FLICEK, MICHAEL 10-382000-03 35.00 CREATIVE HOMES INC 12-881460-00 39.92 REDSTONE DESIGN LLC 12-881900-00 92.09 OPENDOOR LABS INC 16-301200-04 9.78_ TOTAL: 630.74 PUBLIC WORKS WATER TYLER TECHNOLOGIES, INC. METER SWAP 1,188.00 GILBERT MECHANICAL CONTRACTORS, INC. PD & PW BOILER WALK THROUG 1,492.50 VALLEY-RICH CO., INC. WATERMAIN REPAIR-1319 SUN 4,617.70 WATERMAIN REPAIR-1337 HONE 2,965.25 CANNON ELECTRIC MOTOR WELL #4 REHAB 1,476.00 CITY OF BLOOMINGTON BACT SAMPLING - MARCH 286.00 DAKOTA COUNTY PROPERTY RECORDS COUNTY ASSESSMEN CERT. FEE 450.50 DAKOTA ELECTRIC ASSN ELECTRIC 154.91 GOPHER STATE ONE-CALL INC LOCATES - MARCH 151.20 GRAPHIC DESIGN WATER SHUT OFF - HANGERS 54.33 METER DOOR HANGERS 54.00 NEW METER CARDS 25.67 UTILITY STATEMENTS 225.67 UTILITY STATEMENTS 965.84 QUALITY FLOW SYSTEMS, INC. FLANGE VALVE 1,257.50 SHERWIN-WILLIAMS PAINT 71.83 TERRYS HARDWARE, INC. SCREWDRIVER 9.99 ROPE 0.95 HOUSEHOLD RESPIRATOR 32.99 SIRINEK - CLOTHING 33.98 SUPPLIES, BATTERY ADAPTER 26.85 SUPPLIES, BATTERY ADAPTER 39.99_ TOTAL: 15,581.65 PUBLIC WORKS WASTEWATER TITAN ENERGY SYSTEMS INC. SOLENOID 149.72 WINCAN, LLC WINCAN LICENSE 4,174.50 DAKOTA COUNTY PROPERTY RECORDS COUNTY ASSESSMEN CERT. FEE 5.30 DAKOTA ELECTRIC ASSN ELECTRIC 147.63 ELECTRIC 102.61 W.W. GRAINGER, INC. BLOWER 91.27 SWITCH 79.12 VIII-01 04-11-2022 08:53 AM Council Report APR 12TH PYMTS, 2022 PAGE: 4 DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_ GRAPHIC DESIGN WATER SHUT OFF - HANGERS 54.33 METER DOOR HANGERS 54.00 NEW METER CARDS 25.67 UTILITY STATEMENTS 225.67 MCES WASTEWATER SVC - MAY 2022 132,886.01_ TOTAL: 137,995.83 PUBLIC WORKS STORM WATER UTILIT GRAPHIC DESIGN WATER SHUT OFF - HANGERS 54.34 METER DOOR HANGERS 54.00 NEW METER CARDS 25.66 UTILITY STATEMENTS 225.66_ TOTAL: 359.66 PARKS & RECREATION ARENA CANNON ELECTRIC MOTOR ELECTRIC MOTOR REPAIRS 510.00 ICE SPORTS INDUSTRY MEMBERSHIP DUES 395.00 R & R SPECIALTIES, INC. BLADE SHARPENING 87.50_ TOTAL: 992.50 PUBLIC WORKS HYDRO ELECTRIC PREMIUM WATERS, INC. WATER 4.35 CANNON ELECTRIC MOTOR MOTOR REPAIRS, PARTS 74.74_ TOTAL: 79.09 NON-DEPARTMENTAL ESCROW - DEV/ENG/T LEVANDER, GILLEN & MILLER, P.A. MARCH LEGAL FEES 348.50 MARCH LEGAL FEES 382.00 MARCH LEGAL FEES 78.00 MARCH LEGAL FEES 334.50_ TOTAL: 1,143.00 =============== FUND TOTALS ================ 101 GENERAL 82,279.00 200 PARKS 3,038.61 213 FIRE & AMBULANCE 18,349.34 407 HEDRA 5,325.00 482 2022 IMPROVEMENTS 5,562.00 572 2012 GO IMPROVEMENT 196.10 573 2013 GO IMPROVEMENT BONDS 106.00 574 14 IMPROVEMENT 280.90 575 2015 GENERAL OBLIGATION 42.40 576 2016 GENERAL OBLIGATION 100.70 577 2017 G O DEBT 137.80 578 2018 G O DEBT 233.20 579 2019 GO DEBT 609.50 580 2020A GO DEBT 402.80 581 2021A GO DEBT 270.30 600 WATER 16,212.39 601 WASTEWATER 137,995.83 603 STORM WATER UTILITY 359.66 615 ARENA 992.50 620 HYDRO ELECTRIC 79.09 807 ESCROW - DEV/ENG/TIF-HRA 1,143.00 -------------------------------------------- GRAND TOTAL: 273,716.12 -------------------------------------------- TOTAL PAGES: 4 VIII-01 04-14-2022 10:18 AM Council Report APR 19TH PYMTS, 2022 PAGE: 1 DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_ NON-DEPARTMENTAL GENERAL VISION SERVICE PLAN INSURANCE CO. APRIL 2022 VISION PREMIUM 211.29 APRIL 2022 VISION PREMIUM 6.10 METROPOLITAN COUNCIL ENVIRONMENTAL SER MARCH 22 SAC 44,282.70_ TOTAL: 44,500.09 ADMINISTRATION GENERAL INNOVATIVE OFFICE SOLUTIONS, LLC OFFICE SUPPLIES 189.84 SUN LIFE ASSUANCE COMPANY OF CANADA MAY 2022 LTD 22.10_ TOTAL: 211.94 CITY CLERK GENERAL SUN LIFE ASSUANCE COMPANY OF CANADA MAY 2022 LTD 13.20 MAY 2022 LTD 57.79 THE JOURNAL LEGAL NOTICES 684.47_ TOTAL: 755.46 FINANCE GENERAL SUN LIFE ASSUANCE COMPANY OF CANADA MAY 2022 LTD 63.78_ TOTAL: 63.78 FACILITY MANAGEMENT GENERAL MAJESKI PLUMBING & HEATING POLICE SINK CLOGGED 160.00_ TOTAL: 160.00 COMMUNITY DEVELOPMENT GENERAL SUN LIFE ASSUANCE COMPANY OF CANADA MAY 2022 LTD 18.70_ TOTAL: 18.70 I.T. GENERAL OFFICE OF MN.IT SERVICES WAN/USAGE MARCH 22 515.15 LOGIS/LOCAL GOVERNMENT INFORMATION SYS SERVICES FOR ISSUES 682.50 SUN LIFE ASSUANCE COMPANY OF CANADA MAY 2022 LTD 49.83 ESRI /ENVIRONMENTAL SYSTEMS RESEARCH I ARCGIS MAINTENANCE 328.25 ARCGIS MAINTENANCE 656.50 ARCGIS MAINTENANCE 1,641.25_ TOTAL: 3,873.48 POLICE GENERAL SCHOWALTER, BRYAN SCHOWALTER - MN CHIEF'S CO 164.50 LOGIS/LOCAL GOVERNMENT INFORMATION SYS LOGIS APPL/MDC 3,209.00 LOGIS EMPLOYEE TOKENS 465.00 TRANSLANGUAGES LLC INTERPRETER SERVICES 190.00 BRYAN SCHAFER SCHAFER - MN CHIEFS CONF. 164.50 SUN LIFE ASSUANCE COMPANY OF CANADA MAY 2022 LTD 601.53 SHRED RIGHT SHREDDING 15.00 DAVID WILSKE WILSKE - MN CHIEF'S CONF. 164.50 JACOB WILLERS WILLERS PER DIEM 88.50 WILLERS PER DIEM 19.50 WILLERS PER DIEM 111.14 KIESLER POLICE SUPPLY, INC REPLACEMENT GLOCKS 4,948.50 SIBMIN LLC UNIFORM PATCHES 1,232.73 MN DEPT OF PUBLIC SAFETY BCA CDJN ACCESS FEE 960.00_ TOTAL: 12,334.40 BUILDING & INSPECTIONS GENERAL SUN LIFE ASSUANCE COMPANY OF CANADA MAY 2022 LTD 62.80 MAY 2022 LTD 14.77 METRO SALES, INC LARGE FORMAT SCANNING 2,153.95 MN BUILDING PERMIT TECHNICIANS 2022 DUES 100.00_ TOTAL: 2,331.52 PUBLIC WORKS GENERAL SUN LIFE ASSUANCE COMPANY OF CANADA MAY 2022 LTD 39.83_ TOTAL: 39.83 VIII-01 04-14-2022 10:18 AM Council Report APR 19TH PYMTS, 2022 PAGE: 2 DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_ PUBLIC WORKS STREETS GENERAL SUN LIFE ASSUANCE COMPANY OF CANADA MAY 2022 LTD 68.11 CUSTOM SAWDUST, LLC MAY 22 BLDG RENTAL 3,650.00 VIKING ELECTRIC SUPPLY CONNECTORS, NUTS, POSTS 657.08_ TOTAL: 4,375.19 PUBLIC WORKS STR. LIGH GENERAL DAKOTA ELECTRIC ASSN ELECTRIC 2,825.03_ TOTAL: 2,825.03 PARKS & RECREATION GENERAL SHRED-N-GO, INC. SPRING SHRED EVENT 1,158.00 HOMETOWN ACE HARDWARE TREE MARKING PAINT 7.43 HASTINGS SCHOOL DISTRICT #200 APRIL 22 TILDEN COST SHARE 2,500.00 RIVERTOWN TREE SERVICE LLC TREE HEAD REMOVAL 500.00_ TOTAL: 4,165.43 NON-DEPARTMENTAL PARKS VISION SERVICE PLAN INSURANCE CO. APRIL 2022 VISION PREMIUM 6.10_ TOTAL: 6.10 PARKS & RECREATION PARKS REINDERS INC. PARKS FERTILIZER 2,798.34 IRRIGATION PARTS 2,842.39 INNOVATIVE OFFICE SOLUTIONS, LLC PARKS OFFICE SUPPLIES 112.67 GILBERT MECHANICAL CONTRACTORS, INC. JMF ROOF TOP UNIT REPAIRS 3,133.78 SUN LIFE ASSUANCE COMPANY OF CANADA MAY 2022 LTD 143.34 BAUER BUILT INC GARBAGE TRUCK TIRES 618.96 HOMETOWN ACE HARDWARE PAINT FOR LEVEE PARK 13.56 NUTS/ DISC FOR ROADSIDE 34.83 MISC BOLTS FOR ROADSIDE 9.08 CORE & MAIN LP LEVEE PARK DRUM CAP 158.22 NAPA AUTO PARTS TRUCKS AIR FILTERS 124.52 DROP LIGHT 25.00 MOWER OIL FILTERS 57.17 HYDRO HOSE FITTINGS 63.64 SHOP GLOVES 19.99 4-WAY WRENCH 14.53 MIDWEST MACHINERY CO HYDRO CYLINDER TORO DRAG 285.00 APPLE VALLEY FORD REPAIRS TO CREW CAB 4,835.15 MTI DISTRIBUTING COMPANY 5910 CASTOR WHEEL BEARINGS 267.33 NIEBUR TRACTOR & EQUIPMENT, INC. KUBOTA TRACTOR FILTERS 239.52 TERRYS HARDWARE, INC. STARGON CUTTING TORCH 91.19 BOLTS 2.80 PUNCH SET AND BOLT EXTRACT 42.48_ TOTAL: 15,933.49 CABLE CABLE TV SUN LIFE ASSUANCE COMPANY OF CANADA MAY 2022 LTD 2.33_ TOTAL: 2.33 HERITAGE PRESERVATION HERITAGE PRESERVAT SUN LIFE ASSUANCE COMPANY OF CANADA MAY 2022 LTD 4.40_ TOTAL: 4.40 NON-DEPARTMENTAL FIRE & AMBULANCE VISION SERVICE PLAN INSURANCE CO. APRIL 2022 VISION PREMIUM 91.36_ TOTAL: 91.36 FIRE FIRE & AMBULANCE ALAN STORLIE CONFERENCE-MEALS AND MILEA 114.08 CONFERENCE-MEALS AND MILEA 132.00 LOGIS/LOCAL GOVERNMENT INFORMATION SYS LOGIS APPL/MDC 318.00 SUN LIFE ASSUANCE COMPANY OF CANADA MAY 2022 LTD 58.68 RENIER STEENKAMP RENIER - SAFETY EYEWEAR 97.73 VIII-01 04-14-2022 10:18 AM Council Report APR 19TH PYMTS, 2022 PAGE: 3 DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_ _______________ TOTAL: 720.49 AMBULANCE FIRE & AMBULANCE SUN LIFE ASSUANCE COMPANY OF CANADA MAY 2022 LTD 232.62 EXPERT BILLING, LLC 160 AMB BILLS 4,480.00 BLUE CROSS & BLUE SHIELD A16-1165 AMBULANCE REFUND 579.79 MISCELLANEOUS V JANELLE NORDINE JANELLE NORDINE: AMB REFUN 150.00 HOWARD RICHERT HOWARD RICHERT : AMB REFUN 1,783.00_ TOTAL: 7,225.41 EDA/HRA TIF 3 GUARDIAN ANG CB GUARDIAN ANGELS LIMITED PARTNERSHIP 90% OF 2021 TIF 1 OF 2 22,629.47 90% OF 2021 TIF 2 OF 2 22,629.47_ TOTAL: 45,258.94 DEBT TIF 3 GUARDIAN ANG DAKOTA COUNTY PROPERTY RECORDS 2021 TIF MAINTENANCE FEES 658.00_ TOTAL: 658.00 ECONOMIC DEVELOPMENT HEDRA SUN LIFE ASSUANCE COMPANY OF CANADA MAY 2022 LTD 34.21 CLEAN VAPOR LLC VAPOR INTRUSION MITIGATION 30,000.00_ TOTAL: 30,034.21 NON-DEPARTMENTAL TIF 5 NAPA DAKOTA COUNTY PROPERTY RECORDS 2021 TIF MAINTENANCE FEES 629.00_ TOTAL: 629.00 NON-DEPARTMENTAL TIF 7 HUDSON SPRAY DAKOTA COUNTY PROPERTY RECORDS 2021 TIF MAINTENANCE FEES 745.00_ TOTAL: 745.00 PUBLIC WORKS 2022 IMPROVEMENTS STANTEC CONSULTING SERVICES INC. GENERAL ENG SERVICES 2022- 352.50_ TOTAL: 352.50 NON-DEPARTMENTAL WATER VISION SERVICE PLAN INSURANCE CO. APRIL 2022 VISION PREMIUM 51.23_ TOTAL: 51.23 PUBLIC WORKS WATER KLM ENGINEERING, INC. WATER TOWER DESIGN SERVICE 15,000.00 INNOVATIVE OFFICE SOLUTIONS, LLC WHITE OUT, ENVELOPES 39.21 SUN LIFE ASSUANCE COMPANY OF CANADA MAY 2022 LTD 70.47 US SALT US SALT 3,626.03 VIKING ELECTRIC SUPPLY WIRE 28.59 PIPE CLAMP 120.60_ TOTAL: 18,884.90 NON-DEPARTMENTAL WASTEWATER VISION SERVICE PLAN INSURANCE CO. APRIL 2022 VISION PREMIUM 37.24_ TOTAL: 37.24 PUBLIC WORKS WASTEWATER SUN LIFE ASSUANCE COMPANY OF CANADA MAY 2022 LTD 50.09 INSITUFORM TECHNOLOGIES, LLC PAY EST 1/FINAL-2021 SANIT 296,040.08_ TOTAL: 296,090.17 NON-DEPARTMENTAL STORM WATER UTILIT VISION SERVICE PLAN INSURANCE CO. APRIL 2022 VISION PREMIUM 15.10_ TOTAL: 15.10 PUBLIC WORKS STORM WATER UTILIT SUN LIFE ASSUANCE COMPANY OF CANADA MAY 2022 LTD 51.60_ TOTAL: 51.60 NON-DEPARTMENTAL ARENA VISION SERVICE PLAN INSURANCE CO. APRIL 2022 VISION PREMIUM 15.56_ TOTAL: 15.56 VIII-01 04-14-2022 10:18 AM Council Report APR 19TH PYMTS, 2022 PAGE: 4 DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_ PARKS & RECREATION ARENA HUEBSCH LAUNDRY CO. ENTRY RUG SERVICE 35.28 SUN LIFE ASSUANCE COMPANY OF CANADA MAY 2022 LTD 30.27 W.W. GRAINGER, INC. FURNACE FILTERS 173.04 R & R SPECIALTIES, INC. BLADE SHARPENING 42.50_ TOTAL: 281.09 NON-DEPARTMENTAL HYDRO ELECTRIC VISION SERVICE PLAN INSURANCE CO. APRIL 2022 VISION PREMIUM 5.36_ TOTAL: 5.36 PUBLIC WORKS HYDRO ELECTRIC SUN LIFE ASSUANCE COMPANY OF CANADA MAY 2022 LTD 6.52 HOMETOWN ACE HARDWARE CLEANER 7.99_ TOTAL: 14.51 NON-DEPARTMENTAL ESCROW - DEV/ENG/T NORTHLAND SECURITIES, INC. TIF DISTRICT 9 880.00_ TOTAL: 880.00 =============== FUND TOTALS ================ 101 GENERAL 75,654.85 200 PARKS 15,939.59 205 CABLE TV 2.33 210 HERITAGE PRESERVATION 4.40 213 FIRE & AMBULANCE 8,037.26 405 TIF 3 GUARDIAN ANGELS 45,916.94 407 HEDRA 30,034.21 408 TIF 5 NAPA 629.00 409 TIF 7 HUDSON SPRAYER 745.00 482 2022 IMPROVEMENTS 352.50 600 WATER 18,936.13 601 WASTEWATER 296,127.41 603 STORM WATER UTILITY 66.70 615 ARENA 296.65 620 HYDRO ELECTRIC 19.87 807 ESCROW - DEV/ENG/TIF-HRA 880.00 -------------------------------------------- GRAND TOTAL: 493,642.84 -------------------------------------------- TOTAL PAGES: 4 VIII-01 04-14-2022 11:14 AM Council Report APR 19TH PYMTS, 2022 PAGE: 1 DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_ FINANCE GENERAL AMERICAN ACCOUNTS & ADVISERS, INC. COLLECTION FEE 11.00_ TOTAL: 11.00 =============== FUND TOTALS ================ 101 GENERAL 11.00 -------------------------------------------- GRAND TOTAL: 11.00 -------------------------------------------- TOTAL PAGES: 1 VIII-01 CITY OF HASTINGS DAKOTA COUNTY, MINNESOTA PROCLAIMING ARBOR DAY 2022 ATTEST: ____________________________ ____________________________ Kelly Murtaugh, City Clerk Mary D. Fasbender, Mayor VIII-02 WHEREAS, The City of Hastings declared Friday, April 15, as Arbor Day; and WHEREAS, The City of Hastings has celebrated Arbor Day since 1997, planting trees in different parks and spaces identified by the City Forester; and WHEREAS, The purpose of Arbor Day is to encourage and educate Hastings residents in tree planting, developing civic pride and a sense of community; and WHEREAS, Arbor Day 2022 was held at River Flats Park, Friday, April 15th from 1:00 p.m.– 2:30 p.m. WHEREAS,13 trees were planted, mulched and watered. WHEREAS, Arbor Day 2022is partially sponsored by Dakota Electric Association and Hoffman and McNamara, and the City of Hastings is appreciative of these civic minded groups to help make this event possible; and WHEREAS, The City of Hastings has been recognized as a Tree City USA community by the National Arbor Day Foundation since 1997, celebrating 25 years; and NOW THEREFORE, BE IT RESOLVED, that I, Mayor of the City of Hastings, do hereby proclaim April 15th as Arbor Day in Hastings. ADOPTED BY THE CITY COUNCIL OF THE CITY OF HASTINGS, MINNESOTA, THIS 18th DAY OF APRIL, 2022. City Council Memorandum To: Mayor Fasbender & City Council Members From: Bryan D. Schafer, Chief of Police Date: April 18th, 2022 Item: Urban Area Security Initiative (UASI) Grant Council Action Requested: Accept a UASI Grant of $13,140.00 for the purchase of a (30) Ballistic Helmets for sworn personnel. Background Information: The UASI program grant funds unique risk driven projects, capabilities-based planning, organization, equipment, training, and exercise needs of high-threat, high-density Urban Areas based on vulnerable targets identified through a risk-assessment process. These funds assist in building an enhanced and sustainable capacity to prevent, protect against, mitigate, respond to, and recover from acts of terrorism. Ballistic Helmets for law enforcement personnel provide additional protection and benefits when responding to active threats in the community. The City of Hastings is unique in its natural and man-made vulnerabilities to include, but not limited to the Mississippi River, Dam #2, CP Railroad, 3M Plant, ISD 200 and Nuclear Power Plant. Each of these have the potential for a required response from Law Enforcement professionals for an act of terrorism or active threat. This is 100% funded, no match, however upon approval by City Council, the City will order the helmets, pay for them with city funds and be reimbursed by the grant. We expect to receive the helmets in 2-3 weeks. Financial Impact: Budget Neutral Advisory Commission Discussion: None Council Committee Discussion: None Attachments: • Grant Application VIII-03 City Council Memorandum To: Mayor Fasbender & City Council Members From: Paige Marschall Bigler, Recreation Programming Specialist Date: April 18, 2022 Item: Accepting Sponsorship Council Action Requested: Accept Ardent Mills Sponsorship of $2,000.00 for Movies in the Park. The Movies in the Park series will be held June – September 2022 at the Rotary Pavilion in Levee Park. Background Information: The City of Hastings and Ardent Mills signed a mutual agreement as part of the 2022 Movies in the Park sponsorship. It is recommended the consideration and acceptance of the monetary sponsorship. Financial Impact: Staff will continue to include sponsorships as a revenue item as part of the budget process to offset programming costs; specifically costs for Movies in the Park. Advisory Commission Discussion: None Council Committee Discussion: None Attachments: • Movies in the Park Mutual Agreement & Sponsor Form VIII-04 V I I I - 0 4 V I I I - 0 4 City Council Memorandum To: Mayor Fasbender & City Council Members From: Paige Marschall Bigler Date: April 18, 2022 Item: Accept a Donation from SC Toys Council Action Requested: Council is asked to accept a donation in the amount of $1,500.00, made to the Parks and Recreation Department and has designated that this donation be used for Rec+Art+Police summer programming series. Background Information: SC Toys has made this donation to be used for Rec+Art+Police summer programming series. Financial Impact: Increase the Parks and Recreation donation account by $1,500.00 Advisory Commission Discussion: N/A Council Committee Discussion: N/A Attachments: Resolution VIII-05 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, SC Toys has presented to the City Parks & Recreation Department a donation of $1,500 and has designated that this donation be used for Rec+Art+Police summer programming series. WHEREAS, the City Council is appreciative of the donation and commends SC Toys 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 Summer Programming; and Adopted this 18th day of April, 2022 ________________________________ Mary Fasbender, Mayor Attest: ____________________________ Emily King, Deputy City Clerk VIII-05 City Council Memorandum To: Mayor Fasbender & City Council Members From: Bryan D. Schafer, Chief of Police Date: April 18th, 2022 Item: Sale of Surplus Property Council Action Requested: Declare vehicle as surplus property and authorize for public sale. Background Information: The City of Hastings currently has one forfeited vehicle seized through forfeiture proceedings. This vehicle has been cleared for sale/destruction with the proceeds to be applied to the Department's forfeiture account in accordance with Minnesota law. Upon declaration of the vehicle as excess/surplus property, it will be made available for public sale via a commercially available online auction service or destroyed. The following vehicle is to be declared surplus/excess property and authorized for sale/destruction: 2010 Jeep Liberty 1J4PN5GK1AW137039 Forfeiture Financial Impact: Positive financial impact Advisory Commission Discussion: None Council Committee Discussion: None Attachments: None VIII-06 City Council Memorandum To: Mayor Fasbender & City Council Members From: Paige Marschall Bigler Date: April 18, 2022 Item: Accept a Donation from Murtaugh Family & Friends Council Action Requested: Council is asked to accept a donation in the amount of $965.00, made to the Parks and Recreation Department and and has designated that this donation be used for a memorial table in a City Park or on a City Trail. Background Information: Murtaugh Family & Friends has made this donation to be used towards a memorial table in a City Park or on a City Trail. Financial Impact: Increase the Parks and Recreation donation account by $965.00 Advisory Commission Discussion: N/A Council Committee Discussion: N/A Attachments: Resolution VIII-07 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, The Murtaugh Family and friends have presented to the City Parks & Recreation Department a donation of $965.00 and has designated that this donation be used for a memorial table in a City Park or on a City Trail; and WHEREAS, the City Council is appreciative of the donation and commends The Murtaugh Family & Friends for their civic efforts, NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Hastings, Minnesota; 1. That the donation is accepted and acknowledged with gratitude; and 2. That the donation will be appropriated for a memorial bench to be placed in a City Park or on a City Trail; and Adopted this 18th day of April, 2022 ________________________________ Mary Fasbender, Mayor Attest: ____________________________ Kelly Murtaugh , City Clerk VIII-07 City Council Memorandum To: Mayor Fasbender & City Council Members From: Paige Marschall Bigler, Recreation Program Specialist Date: April 18, 2022 Item: Designate Animal Ark 3k as a Special Event. Council Action Requested: Staff recommends approval of the June 11, 2022 Animal Ark 3k Walk and is supportive the event & Temporary liquor license with the conditions outlined below. Background Information: Deborah Royal with Animal Ark is requesting to hold a 3k walk in the City of Hastings in support of the animal shelter. The 3k route will begin and end at Animal Ark and utilize City trails where possible with portions of the route taking participants onto 21st Street E and Spiral Boulevard. The event will also include food vendors, beer and wine tasting, live music, & kids’ activities. Animal Ark expects 150 in attendance for the event from 9:00 a.m. – 1:00 p.m. on Saturday, June 11th. Staff recommends approval of the route and event with the following conditions: • Event Organizer will work with Hastings City Clerk to ensure all vendors have necessary permits and licensing. • As part of the Temporary liquor license: the area must include a barrier identifying the beer & wine tasting area, I.D. check, & wristbands. • 10’ on-street pedestrian lane delineated by a traffic cone every 15’ o Traffic cones must be supplied by the event organizer; o Dedicated participant lane should be on the north side of Spiral Boulevard between Industrial Court and access point to the Ravine Trail and north side of 21st Street E; o Event volunteers must monitor this lane and keep participants from encroaching in vehicular traffic lanes; o Hastings patrol staff will check on the event as time permits. • Directional markings on pavement to be made by Event Organizers in chalk only. • Event Organizers will notify affected neighboring businesses/property owners including: Industrial Court, Industrial Boulevard, Spiral Boulevard and Millard Avenue. • Event Organizers will add a volunteer or additional signage on LeDuc Drive/21st St. East near the road curve/hill as a safety precaution. • Event Organizers will add cones on 21st St. East from Commerce Drive to designate a walking space. Financial Impact: N/A Advisory Commission Discussion: N/A Council Committee Discussion: VIII-08 None Attachments: • Special Event Permit Application • Event Layout • 3k Route Map • Resolution approving temporary liquor license VIII-08 SPECIAL EVENT PERMIT APPLICATION General Event Information Event Name: Name of Event Coordinator: Home Phone: ( ) Work Phone: ( ) Name of Organization/Business Hosting Event: Cell Phone: ( ) E-mail: Mailing Address: Website: On Site Contact Name: On Site Contact Cell Phone: ( ) Type of Event (mark all that apply): Downtown Event /Run/Walk 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: Will this be an annual event? Has this event been held in another City? ___________________________ If yes, when was it held and where? ___________________________________________________________________________ Will an admission fee be charged? $________ Will donations be accepted? What will proceeds from the event be used for? Anticipated Attendance: Total __________ Per Day __________ Will there be a tent(s) at the event? If yes, how many and how big? _________________________ Event Location Information Location of the event (including the starting line, finish line and staging/disbanding areas): VIII-08 List of any City parks/facilities to be used for the event: Number of vehicles expected at the event: Describe where participants will park: 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. 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: ________________________________________________________________________________________________________ __________________________________________________________________________________________ ________________________________________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ _______________________________________________________________________________________ Have you received approval for the use of any County or State right-of-way? Does the route require the closing or partial closing of any streets, intersections or crossings? If yes, please describe: _______________________________________________________________________________________ __________________________________________________________________________________________________________ (The City of Hastings reserves the right to require street closings) 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: Do you have a contingency plan if volunteers don’t show up? If yes, please summarize: _____________________________________________________________________________________ __________________________________________________________________________________________________________ Is the promoter aware of any problems that may arise during the event? If yes, please summarize: _____________________________________________________________________________________ __________________________________________________________________________________________________________ Have arrangements been made for emergency medical services? If yes, please summarize: _____________________________________________________________________________________ __________________________________________________________________________________________________________ __________________________________________________________________________________________________________ Will alcohol be served or sold at the event? No (a temporary beer or liquor license is required) Will there be a raffle or other regulated gambling activity at the event? No gambling permit is required) Will the event include the sale of any products or services? (please provide a list of your approved event vendors): __________________________________________________________________________________________________________ __________________________________________________________________________________________________________ __________________________________________________________________________________________________________ Will the event include the sale of any food or beverages? , please provide a list of your approved food vendors):_____________________________________________________________________________ VIII-08 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? 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-08 VIII-08 75% Colors Animation Background Resize Design Discover Templates Text Photos Shapes NEW Design assets Backgrounds Logos Libraries My projectHomeProjectsUndoRedo Saved Download Share Add text VIII-08 The vendors will carry the insurance. VIII-08 CITY OF HASTINGS DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 04 - -22 RESOLUTION APPROVING THE APPLICATION BY ANIMAL ARK FOR A TEMPORARY ONE-DAY ON-SALE LIQUOR LICENSE WHEREAS, Animal Ark, 2600 Industrial Circle, submitted a one-day temporary on-sale liquor license application to serve liquor at a 3K Walk event on June 11, 2022; and; WHEREAS, the Minnesota Alcohol Enforcement Division requires a resolution be passed to approve the request; and; WHEREAS, an application for a temporary on-sale liquor license has been presented; and; WHEREAS, Animal Ark has paid the City’s license fee. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hastings that the temporary on-sale liquor license for Animal Ark is approved. Whereupon said resolution was declared duly passed and adopted on the 18th day of April, 2022. ATTEST: ________________________________ _________________________________ Kelly Murtaugh, City Clerk Mary D. Fasbender, Mayor VIII-08 City Council Memorandum To: Mayor Fasbender & City Councilmembers From: Emily King, Deputy City Clerk Date: April 18, 2022 Item: Temporary Liquor License Amendment for Eclectic Culinary Concepts, Inc. d/b/a Me & Julio Council Action Requested: Adopt the attached resolution approving a temporary liquor license amendment for Eclectic Culinary Concepts, Inc. d/b/a Me & Julio, 350 33rd Street West, on May 7, 2022. Background Information: DeeDee Sanford, Eclectic Culinary Concepts, INC. d/b/a Me & Julio, has applied for a temporary liquor license amendment on May 7, 2022 for a Cinco de Mayo Celebration. Staff has reviewed the application and recommends approval. Details of the event: • The event will be held outdoors in the parking lot of Me & Julio, 350 33rd Street West, and the entire area will be enclosed by metal gates around the tent. • There will be music played in the tent between the hours of 2:00 p.m. and 10:00 p.m. • The event is people aged 21+ • ID’s will be checked at the gate entrance Conditions of approval: • The event must allow emergency access for emergency vehicles. • Neighboring businesses and private citizens must be notified prior to the event. • The City/Hastings Police Department retains authority to reduce the volume or cease completely if complaints are received. • Tent inspection by the Fire/EMS Department to address proper safety items prior to the event. Financial Impact: The associated 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 NO. 04 - -22 RESOLUTION APPROVING TEMPORARY LIQUOR LICENSE AMENDMENT FOR ECLECTIC CULINARY CONCEPTS, INC. D/B/A ME & JULIO WHEREAS, Ms. DeeDee Sanford, Eclectic Culinary Concepts, INC. d/b/a Me & Julio, has applied for a temporary liquor license amendment for an event on May 7, 2022 between the hours of 2:00 p.m. and 10:00 p.m.; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hastings that the temporary liquor license amendment for Eclectic Culinary Concepts, Inc. d/b/a Me & Julio has been approved. ADOPTED BY THE CITY COUNCIL OF THE CITY OF HASTINGS THIS 18th DAY OF APRIL 2021. ATTEST: ____________________________ ______________________________ Emily King, Deputy City Clerk Mary D. Fasbender, Mayor VIII-09 City Council Memorandum To: Mayor Fasbender & City Councilmembers From: John Hinzman, Community Development Director Date: April 18, 2022 Item: Authorize Signature – License to Encroach – Jocor Holdings - 1700 Vermillion St Council Action Requested: Authorize signature of the attached License to Encroach Agreement between the City and Jocor Holdings, LLC (Joseph Schnell) owner of 1700 Vermillion Street (former Sunkist Tan) to allow right-of-way encroachments consisting of proposed concrete sidewalk\patio and an existing concrete pad. Approval would be subject to minor modifications by staff. A simple Council majority is necessary for action. Background Information: The subject property is being renovated and will be leased to Hastings Coop Creamery for retail and office space. Manufacturing operations of the creamery would remain at their current location. The License recognizes the existing encroachment and allows a new encroachment to accommodate a sidewalk to a service door and for future outdoor seating. The future outdoor seating would require a Sidewalk Café License. Financial Impact: Issuance of the license will allow for a property improvement and increase in valuation. Advisory Commission Discussion: N\A Council Committee Discussion: N\A Attachments: • Location Map • License to Encroach VIII-10 LOCATION MAP Encroachment Area VIII-10 LOCATION MAP Encroachment Area VIII-10 1 ENCROACHMENT AGREEMENT RELATING TO LANDOWNER IMPROVEMENTS ON 1700 VERMILLION STREET IN THE CITY OF HASTINGS, DAKOTA COUNTY, MINNESOTA THIS ENCROACHMENT AGREEMENT (“Agreement”) is made, entered into and effective this _____ day of , 2022, by and among the City of Hastings, a Minnesota municipal corporation (“City”), and JoCor Holdings LLC, a Minnesota limited liability company (“Landowner”). Subject to the terms and conditions hereafter stated and based on the representations, warranties, covenants, agreements and recitals of the parties herein contained, the parties do hereby agree as follows: ARTICLE 1 DEFINITIONS The following terms, unless elsewhere specifically defined herein, shall have the following meanings as set forth below. 1.1 City. “City” means the City of Hastings, a Minnesota municipal corporation. 1.2 City Improvements. “City Improvements” means all existing and future sanitary sewer, municipal water and storm water pipes, conduits, culverts, ditches, ponds, catch basins, water collection mechanisms, drainage facilities, maintenance access routes and other utility appurtenances lying within the City Property now or in the future. VIII-10 2 1.3 City Property. “City Property” means the following real property located in the City of Hastings, Dakota County, Minnesota: The right-of-way of 17th Street West located immediately adjacent to Landowner’s Property. 1.4 Construction Plan. “Construction Plan” means all of the plans and drawing specifications on file with the City, as amended and approved by the City, relating to Landowner Improvements, which are hereby incorporated by reference and made a part of this Agreement. 1.5 Cost Differential. “Cost Differential” means the difference between the Pre-Encroachment Costs and the Utility Costs in light of the existence of the Landowner Improvements. The City’s determination of the amount of the Cost Differential shall be binding on the Landowner. The City’s determination shall be appropriately supported by cost estimates obtained from independent contractors or engineers. 1.6 Encroachment Property. “Encroachment Property” means that portion of Landowner’s Property that encroaches into the City Property. The Encroachment Property is legally described on Exhibit B and depicted on Exhibit C. 1.7 Landowner. “Landowner” means JoCor Holdings LLC, a Minnesota limited liability company, and its assigns and successors in interest with respect to the Landowner’s Property. 1.8 Landowner Improvements. “Landowner Improvements” means Landowner’s concrete pad and sidewalk as detailed in the Construction Plan and located on the Encroachment Property within the City Property. Landowner Improvements may include the use of the Encroachment Area as a sidewalk café but only in conjunction with a current Sidewalk Café License issued by the City. 1.9 Landowner’s Property. “Landowner’s Property” means the real property located in the City of Hastings, Dakota County, Minnesota, legally described on Exhibit A. 1.10 Maintain. As used in this Agreement with respect to the Landowner Improvements, “Maintain” and derivations thereof means to upkeep and repair in accordance with relevant City ordinances and regulations applicable to such improvements, including but not limited to, complying with the nuisance ordinances in City Code Ch. 95. 1.11 Pre-Encroachment Costs. “Pre-Encroachment Costs” means a reasonable estimate by the City of the costs the City would have incurred for Utility Costs if the Landowner Improvements did not exist. 1.12 Utility Costs. “Utility Costs” means all costs incurred by the City, (whether performed by the City or its agents or contractors), for the inspection of and access to and repair, maintenance and replacement of the City Improvements located in the City Property and the placement of additional City Improvements in the City Property. Utility Costs, include, without VIII-10 3 limitation: excavation costs, labor costs, costs of removing fill, costs of re-burying the City Improvements, re-compacting the soils over the City Improvements, restoring the City Property area, and all engineering and attorneys’ fees incurred in connection therewith. Utility Costs also include the costs of temporarily removing the Landowner Improvements and subsequently replacing the Landowner Improvements in the City Property if such costs have not already been paid by the Landowner. ARTICLE 2 RECITALS 2.1 Landowner owns the Landowner’s Property. 2.2 Encroachment Property is being improved with Landowner Improvements. 2.3 City Property is within the Encroachment Property. 2.4 Subject to the terms of this Agreement, the City is willing to allow the Landowner Improvements to be placed within the City Property on the Encroachment Property if the following conditions are met: (a) The Landowner maintains the Landowner Improvements. (b) The Landowner agrees to pay the City any Cost Differential relating to inspections, access, repair, maintenance and replacement of City Improvements and the placement of any additional City Improvements in the City Property. (c) The Landowner agrees to temporarily remove the Landowner Improvements in the event the City has need to access the area where the Landowner Improvements exist in order for the City to inspect, repair, maintain, and replace the City Improvements or construct additional City Improvements in the City Property. ARTICLE 3 AGREEMENTS 3.1 Construction And Maintenance Of Landowner Improvements. Under the terms and conditions stated herein, Landowner, at its own cost, is hereby authorized by the City to make the Landowner Improvements in the City Property. The Landowner Improvements shall only be placed on the Encroachment Property at the locations specified in the Construction Plan and any approved Sidewalk Café License. The Landowner Improvements must be constructed according to the Construction Plan. Landowner shall not place any other structures, retaining walls, irrigation systems, buildings, fences, landscaping, trees or shrubs in the City Property, except for the Landowner VIII-10 4 Improvements, without the City’s written consent. After construction, the Landowner, at its own expense, shall maintain and repair the Landowner Improvements. 3.2 City Not Responsible for Landowner Improvements. Nothing contained herein shall be deemed an assumption by the City of any responsibility for construction, maintenance, replacement or repair of the Landowner Improvements. 3.3 Continuing Right to City Property. Nothing contained herein shall be deemed a waiver or abandonment or transfer of the right, title and interest that the City holds to the City Property. 3.4 Subordinate Position of Landowner Improvements. The Landowner Improvements are subordinate to the rights of the City in the City Property. 3.5 Risk of Loss. Landowner understands and agrees that the Landowner Improvements within the City Property may be adversely affected by damage caused to Landowner Improvements arising out of the City’s use of the City Property. The parties agree that the City is not responsible for such events; the City shall have no liability to Landowner for such events. Landowner assumes the risk of installing the Landowner Improvements in the City Property. 3.6 Landowner to Bear Cost of Relocating Landowner Improvements. The City is responsible for the repair and maintenance of the City Improvements in the City Property. The City may require the Landowner at the expense of the Landowner to temporarily remove and subsequently replace the Landowner Improvements in the City Property in order for the City to gain access to the City Improvements for the purpose of inspecting, repairing, maintaining, or replacing the City Improvements or adding future City Improvements. If the Landowner does not perform such tasks, the City may perform such tasks and in such case the Landowner shall reimburse the City for the City’s costs and expenses. Prior to commencing such tasks, the City shall send a notice to the Landowner and allow the Landowner twenty (20) days from the date of the written notice to perform the tasks. If the Landowner has not completed the work within the twenty (20) days, then the City may proceed to perform the tasks. Once the City’s costs and expenses have been determined by the City, the City shall send an invoice for such costs and expenses to the Landowner. The Landowner must pay the invoice within thirty (30) days after the date of the invoice. Such costs and expenses include, but are not limited to, costs charged the City by third parties such as contractors as well as the costs for City personnel that may have performed the work. Bills not paid shall incur the standard penalty and interest established by the City for utility billings within the City. 3.7 Emergency. Notwithstanding the requirements contained in Sections 3.6 relating to a twenty (20) day written notice to the Landowner to perform its obligations under Sections 3.6, the City shall not be required to give notice if the City Engineer determines that an emergency exists. In such instance, the City, without giving notice to the Landowner may perform the work and in such case the Landowner shall reimburse the City for the costs and expenses relating to the work. Once the City’s costs and expenses have been determined by the City, the City shall send VIII-10 5 an invoice for such costs and expenses to the Landowner. The Landowner must pay the invoice within thirty (30) days after the date of the invoice. Such costs and expenses include, but are not limited to, costs charged the City by third parties such as contractors as well as the costs for City personnel that may have performed the work. Bills not paid shall incur the standard penalty and interest established by the City for utility bills within the City. 3.8 Cost Deferential. If a Cost Deferential occurs relating to the access to or inspection, maintenance, repair or replacement of the City Improvements or relating to construction of new City Improvements in the future, then the Landowner shall pay the Cost Deferential to the City. The Landowner must make payment for the Cost Deferential within 30 days after the City has sent a written invoice for the Cost Deferential to the Landowner. 3.9 Remedies. If the Landowner fails to perform its obligations under this Agreement, then the City may avail itself of any remedy afforded by law or in equity and any of the following non-exclusive remedies: (a) The City may specifically enforce this Agreement. (b) If Landowner fails to make payments under Section 3.6, then the City may certify to Dakota County the amounts due as payable with the real estate taxes for the Encroachment Property in the next calendar year; such certifications may be made under Minnesota Statutes, Chapter 444 in a manner similar to certifications for unpaid utility bills. The Landowner waives any and all procedural and substantive objections to the imposition of such usual and customary charges on the Encroachment Property. Further, as an alternate means of collection, if the written billing is not paid by the Landowner, the City, without notice and without hearing, may specially assess the Encroachment Property for the costs and expenses incurred by the City. The Landowner hereby waives any and all procedural and substantive objections to special assessments for the costs including, but not limited to, notice and hearing requirements and any claims that the charges or special assessments exceed the benefit to the Encroachment Property. The Landowner waives any appeal rights otherwise available pursuant to Minnesota Statute § 429.081. The Landowner acknowledges that the benefit from the performance of tasks by the City equals or exceeds the amount of the charges and assessments for the costs that are being imposed hereunder upon the Encroachment Property. No remedy herein conferred upon or reserved to the City shall be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. VIII-10 6 3.10 Indemnification. The Landowner shall indemnify, defend and hold the City, its council, agents, consultants, attorneys, employees and representatives harmless against and in respect of any and all claims, demands, actions, suits, proceedings, losses, costs, expenses, obligations, liabilities, damages, recoveries, and deficiencies including interest, penalties and attorneys’ fees, that the City incurs or suffers, which arise out of, result from or relate to any of the following: (a) The Landowner Improvements; (b) Installation and maintenance of the Landowner Improvements; (c) Failure by the Landowner to observe or perform any covenant, condition, obligation or agreement on their part to be observed or performed under this Agreement; and (d) Use of the City Property for Landowner Improvements. 3.11 City Duties. Nothing contained in this Agreement shall be considered an affirmative duty upon the City to perform the Landowner’s obligations contained in Article 3 if the Landowner does not perform such obligations. ARTICLE 4 MISCELLANEOUS PROVISIONS 4.1 No Third Party Recourse. Third parties shall have no recourse against the City under this Agreement. 4.2 Recording. The City shall record this Agreement with the Dakota County Recorder against the Encroachment Property. Landowner shall pay for the cost of recording. 4.3 Binding Agreement. The parties mutually recognize and agree that all terms and conditions of this recordable Agreement shall run with the Encroachment Property and shall be binding upon the heirs, successors, administrators and assigns of the parties. The obligations of the Landowner contained in this Agreement are joint and several. 4.4 Amendment And Waiver. The parties hereto may by mutual written agreement amend this Agreement in any respect. Any party hereto may extend the time for the performance of any of the obligations of another, waive any inaccuracies in representations by another contained in this Agreement or in any document delivered pursuant hereto which inaccuracies would otherwise constitute a breach of this Agreement, waive compliance by another with any of the covenants contained in this Agreement and performance of any obligations by the other or waive the fulfillment of any condition that is precedent to the performance by the party so waiving of any of its obligations under this Agreement. Any agreement on the part of any party for any such amendment, extension or waiver must be in writing. No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute, a waiver of any other provisions, whether or not similar, nor shall any waiver constitute a continuing waiver. VIII-10 7 4.5 Governing Law. This Agreement shall be governed by and construed in accord with the laws of the State of Minnesota and any action shall be venued in Dakota County District Court. 4.6 Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. 4.7 Headings. The subject headings of the sections in this Agreement are included for purposes of convenience only and shall not affect the construction of interpretation of any of its provisions. 4.8 Notice. Notice shall mean notice given by one party to the other if in writing and if and when delivered or tendered either: (i) in person; (ii) by depositing it in the United States main in a sealed envelope, by certified mail, return receipt requested, with postage and postal charges prepaid, or (iii) by proper and timely delivery to an overnight courier service addressed by name and addressed to the party or persons intended to be addressed as follows: If to City: City of Hastings Attention: City Administrator 101 4th Street East Hastings, MN 55033 If to Landowner: JoCor Holdings LLC 223 Broad Street, Suite 103 Mankato, MN 56001 or to such other address as the party addressed shall have previously designated by notice given in accordance with this Section. Notices shall be deemed to have been duly given on the date of service if served personally on the party to whom notice is to be given, on the third day after mailing if mailed by United States postal service as provided above, or within twenty-four (24) hours if sent via overnight courier service provided, that a notice not given as above shall, if it is in writing, be deemed given if and when actually received by a party. [The remainder of this page has been intentionally left blank.] VIII-10 8 IN WITNESS WHEREOF, the parties have executed this Agreement the year and day first set forth above. CITY: CITY OF HASTINGS By: ____________________________________ Mary Fasbender, Mayor ATTEST: By: _____________________________________ Kelly Murtaugh, City Clerk STATE OF MINNESOTA ) ) COUNTY OF DAKOTA ) On this ___ day of , 2022, before me a Notary Public within and for said County, personally appeared Mary Fasbender and Kelly Murtaugh to me personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and the City Clerk of the City of Hastings, the Minnesota municipal corporation named in the foregoing instrument, and that the seal affixed to said instrument was signed and sealed in behalf of said municipal corporation by authority of its City Council and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipal corporation. ____________________________________ Notary Public VIII-10 9 LANDOWNER: JOCOR HOLDINGS LLC Printed Name: Its: STATE OF MINNESOTA ) ) ss. COUNTY OF _________________ ) On this ____ day of , 2022, before me a Notary Public within and for said County, personally appeared ______________________, to me personally known, who being by me duly sworn, did say that s/he is the ________________________ of JoCor Holdings LLC, a Minnesota limited liability company, the entity named in the foregoing instrument, and that said instrument was signed on behalf of said limited liability company. ________________________________________ Notary Public This instrument drafted by and after recording, please return to: Korine L. Land (#262432) LeVander, Gillen & Miller, P.A. 1305 Corporate Center Drive, Suite 300 Eagan, MN 55121 651-451-1831 VIII-10 A-1 EXHIBIT A LEGAL DESCRIPTION OF LANDOWNER’S PROPERTY That real property located in the City of Hastings, Dakota County, Minnesota, legally described as follows: Lots 19 and 20, Block 7, Wm. G. LeDuc’s Addition, Dakota County, Minnesota. Abstract Property PIDs: 19-44700-07-190 and 19-44700-07-200 VIII-10 B-1 EXHIBIT B LEGAL DESCRIPTION OF ENCROACHMENT PROPERTY That real property located in the City of Hastings, Dakota County, Minnesota, legally described as follows: Commencing at the northeast corner of Lot 19, Block 7, Wm. G. LeDuc’s Addition, Dakota County, Minnesota; thence westerly along the northerly property line of said Lot 19 a distance of 80 feet to the point of beginning of the easement to be described; thence northerly at right angles a distance of 14 feet, thence westerly at right angles a distance of 22.66 feet; thence southerly at right angles a distance of 11.66 feet; thence westerly at right angles a distance of 12.83 feet; thence southerly at right angles to the intersection of the northerly property line of said Lot 19; thence easterly along the northerly property line of said Lot 19 to the point of beginning of the easement to be described. VIII-10 C-1 EXHIBIT C DEPICTION OF ENCROACHMENT PROPERTY VIII-10 1 City Council Memorandum To: Mayor Fasbender and City Council From: John Hinzman, Community Development Director Date: April 18, 2022 Item: Authorize Signature: Development Agreement - Heritage Ridge 3rd Addition Council Action Requested: Authorize signature of the attached Development Agreement between the City and Creative Homes for the development of Heritage Ridge 3rd Addition containing 40 lots located at the northwest corner of General Sieben Drive and Fallbrooke Drive. Approval would be subject to minor modifications by staff. A simple majority is necessary for action. Background Information: The City Council granted Final Plat approval on September 7, 2021 to TC Land, LLC, a Minnesota limited liability company (“TC Land”). The assignment of TC Land’s approval to Creative Homes was approved by the Council on February 7, 2022. Financial Impact: The addition of 40 home sites will add to the tax base and create needed housing opportunities. Advisory Commission Discussion: N\A Attachments: • Development Agreement VIII-11 DEVELOPMENT AGREEMENT FOR THE PLAT OF HERITAGE RIDGE 3RD ADDITION BY AND BETWEEN THE CITY OF HASTINGS AND CREATIVE HOME CONSTRUCTION INVESTMENTS LLC VIII-11 2 THIS AGREEMENT, made and entered into on the day of , 2022, by and between the City of Hastings, a Minnesota municipal corporation (“CITY”), and Creative Home Construction Investments LLC, a Wisconsin limited liability company (“DEVELOPER”). RECITALS: WHEREAS, in pursuant of the DEVELOPMENT PROJECT, the DEVELOPER has applied to the CITY for approval of the DEVELOPMENT PLANS and FINAL PLAT for Heritage Ridge 3rd Addition; and WHEREAS, in conjunction with the granting of these approvals, the CITY requires the installation and/or availability of public utilities (sewer and water), public streets, storm sewer pipes, ponds, and other facilities; and WHEREAS, under authority granted to it, including Minnesota Statutes Chapters 412, 429, and 462, the COUNCIL approved the FINAL PLAT and DEVELOPMENT PLANS on the following conditions: 1. That the DEVELOPER enters into this DEVELOPMENT AGREEMENT, which contract defines the work which the DEVELOPER undertakes to complete; and 2. The DEVELOPER shall provide an irrevocable letter of credit and cash deposits in the amounts and with conditions satisfactory to the CITY, providing for assurance of payment for the actual construction and installation of the improvements in the DEVELOPMENT PLANS, as specified and required by the CITY. WHEREAS, the DEVELOPMENT PLANS were prepared by a registered professional engineer and have been submitted to and approved by the CITY ENGINEER. NOW, THEREFORE, subject to the terms and conditions of this DEVELOPMENT AGREEMENT and in reliance upon the representations, warranties and covenants of the parties herein contained, the CITY and DEVELOPER agree as follows: ARTICLE 1 DEFINITIONS 1.1. TERMS. The following terms, unless elsewhere defined specifically in the DEVELOPMENT AGREEMENT, shall have the following meanings as set forth below. 1.2. BUILDER. “BUILDER” means an entity that will be constructing a residence on a lot in the FINAL PLAT. 1.3. CITY. “CITY” means the City of Hastings, a Minnesota municipal corporation. VIII-11 3 1.4. CITY ENGINEER. “CITY ENGINEER” means the City Engineer of the City of Hastings or delegatees. 1.5. CITY WARRANTIES. “CITY WARRANTIES” means all CITY WARRANTIES identified in Article 12 of this DEVELOPMENT AGREEMENT. 1.6. COUNCIL. “COUNCIL” means the Council of the City of Hastings. 1.7. COUNTY. “COUNTY” means Dakota County, Minnesota. 1.8. DEVELOPER. “DEVELOPER” means Creative Home Construction Investments LLC, a Wisconsin limited liability company. 1.9. DEVELOPER DEFAULT. “DEVELOPER DEFAULT” means and includes, jointly and severally, any of the following or any combination thereof: a) failure by the DEVELOPER to timely pay the CITY any money required to be paid under the DEVELOPMENT AGREEMENT; b) failure by the DEVELOPER to timely construct the DEVELOPER IMPROVEMENTS according to the DEVELOPMENT PLANS and the CITY standards and specifications; c) failure by the DEVELOPER to observe or perform any covenant, condition, obligation or agreement on its part to be observed or performed under this DEVELOPMENT AGREEMENT; d) breach of the DEVELOPER WARRANTIES. 1.10. DEVELOPER IMPROVEMENTS. “DEVELOPER IMPROVEMENTS” means and includes, individually and collectively, all the improvements identified in Article 4. 1.11. DEVELOPER WARRANTIES. “DEVELOPER WARRANTIES” means all DEVELOPER WARRANTIES identified in Article 10 of this DEVELOPMENT AGREEMENT. 1.12. DEVELOPMENT AGREEMENT. “DEVELOPMENT AGREEMENT” means this agreement by and among the CITY and DEVELOPER. 1.13. DEVELOPMENT PLANS. “DEVELOPMENT PLANS” means all the plans, drawings, specifications, and surveys dated and prepared by hereby incorporated by reference and made a part of this DEVELOPMENT AGREEMENT. 1.14. DEVELOPMENT PROJECT. “DEVELOPMENT PROJECT” means a residential development to be known as Heritage Ridge 3rd Addition that will be constructed on the DEVELOPMENT PROPERTY that is substantially in conformance with the FINAL PLAT. VIII-11 4 1.15. DEVELOPMENT PROPERTY. “DEVELOPMENT PROPERTY” means that real property legally described on Exhibit A, attached hereto, upon which the DEVELOPMENT PROJECT will be constructed. 1.16. FINAL PLAT. “FINAL PLAT” means the FINAL PLAT, approved by the COUNCIL, attached hereto as Exhibit B. 1.17. FORCE MAJEURE. “FORCE MAJEURE” means acts of God, including, but not limited to floods, ice storms, blizzards, tornadoes, landslides, lightning and earthquakes (but not including reasonably anticipated weather conditions for the geographic area), riots, insurrections, war or civil disorder affecting the performance of work, blockades, power or other utility failures, and fires or explosions. 1.18. FORMAL NOTICE. “FORMAL NOTICE” means notices given by one party to the other if in writing and if and when delivered or tendered either in person or by depositing it in the United States mail in a sealed envelope, by certified mail, return receipt requested, with postage and postal charges prepaid, addressed as follows: If to CITY: City of Hastings Attention: City Administrator 101 4th Street East Hastings, MN 55033 If to DEVELOPER: Creative Home Construction Investments LLC _____________________________________ _____________________________________ _____________________________________ or to such other address as the party addressed shall have previously designated by notice given in accordance with this Section. Notices shall be deemed to have been duly given on the date of service if served personally on the party to whom notice is to be given, or on the third day after mailing if mailed as provided above, provided, that a notice not given as above shall, if it is in writing, be deemed given if and when actually received by a party. 1.19. INDIRECT COSTS. “INDIRECT COSTS” means the costs related to: a) Finance, administration and legal costs; and b) Engineering services performed by CITY Staff; and c) Testing and Right of Way services; and d) Consulting engineering services. VIII-11 5 1.20. OTHER REGULATORY AGENCIES. “OTHER REGULATORY AGENCIES” means and includes, individually and collectively, any regulatory or governmental agency or entity affected by or having jurisdiction over the DEVELOPER IMPROVEMENTS. 1.21. PRELIMINARY PLAT. “PRELIMINARY PLAT” means the preliminary plat approved by the COUNCIL. 1.22. PRIOR EASEMENT HOLDERS. “PRIOR EASEMENT HOLDERS” means and includes, jointly and severally, all holders of any easements or other property interests which existed prior to the grant or dedication of any public easements transferred by the FINAL PLAT or transferred pursuant to this DEVELOPMENT AGREEMENT. 1.23. SITE IMPROVEMENTS. “SITE IMPROVEMENTS” means and includes, individually and collectively, all the improvements identified on Exhibit C and in Article 3. 1.24. UTILITY COMPANIES. “UTILITY COMPANIES” means and includes, jointly and severally, the following: a) Utility companies, including electric, gas, cable and telecommunications; b) Pipeline companies. ARTICLE 2 FINAL PLAT APPROVAL 2.1. FINAL PLAT APPROVAL. The COUNCIL approved the FINAL PLAT. All conditions contained in the CITY Council Resolution for the FINAL PLAT shall be considered a condition of this DEVELOPMENT AGREEMENT. 2.2. RECORDING OF FINAL PLAT. The DEVELOPER shall record the FINAL PLAT and this DEVELOPMENT AGREEMENT with the COUNTY Recorder. No building permits shall be issued unless the DEVELOPER shows evidence to the CITY that the FINAL PLAT and this DEVELOPMENT AGREEMENT have been recorded with the COUNTY Recorder and the CITY has received the financial obligations required in Article 15. ARTICLE 3 SITE IMPROVEMENTS 3.1. SITE IMPROVEMENTS. DEVELOPER shall construct and install, at its own cost, all SITE IMPROVEMENTS identified on Exhibit C in accordance with industry standards for making public improvements. VIII-11 6 3.2. DEVELOPMENT CHARGES. The CITY imposes certain development charges for sewer, stormwater, streets and park dedication for all new developments. Such development charges are identified on Exhibit C. ARTICLE 4 DEVELOPER IMPROVEMENTS 4.1. DEVELOPER IMPROVEMENTS. The DEVELOPER shall install, at its own cost, the DEVELOPER IMPROVEMENTS in accordance with the DEVELOPMENT PLANS and in accordance with the approvals of the CITY Council, and all ordinances and PRELIMINARY and FINAL PLAT resolutions of the CITY or any amendments thereto and any Miscellaneous Requirements on Exhibit D, attached hereto. 4.2. GROUND MATERIAL. The DEVELOPER shall ensure that adequate and suitable ground material shall exist in the areas of public street and utility improvements and shall guarantee the removal, replacement or repair of substandard or unstable material through the warranty period. The cost of said removal, replacement or repair is the responsibility of the DEVELOPER. 4.3. GRADING/DRAINAGE PLAN AND EASEMENTS. The DEVELOPER shall construct drainage facilities adequate to serve the DEVELOPMENT PROJECT in accordance with the DEVELOPMENT PLANS. The DEVELOPER agrees to grant to the CITY all necessary outlots and easements for the preservation and maintenance of the drainage system, for drainage basins and for utility service and for utility looping. The DEVELOPER shall enter into any stormwater management facilities agreement with the CITY that are deemed necessary to fulfill the obligations of this Section for the DEVELOPMENT PROPERTY, as well as stormwater obligations over portions of Heritage Ridge. The grading and drainage plan shall include lot and building elevations, drainage swales, storm sewer, catch basins, erosion control structures and ponding areas necessary to conform to the overall CITY surface water management plan. The grading of the site shall be completed in conformance with the DEVELOPMENT PLANS, subject only to such design criteria and engineering design and construction specifications as are used in the DEVELOPMENT PLANS notwithstanding any amendment or change to CITY standards for development subsequent to approval of the FINAL PLAT. DEVELOPER shall dedicate drainage and utility easements as shown on the FINAL PLAT. Additional utility and drainage easements that may be required by the CITY may be granted by an acceptable document as approved by the CITY. Prior to issuance of a Certificate of Occupancy to a BUILDER for any dwelling unit constructed on a lot within the subdivision, a Certificate of Compliance by a land surveyor must be submitted to the CITY by the BUILDER reflecting conformance with the approved grading plan and confirming that the lot corner monuments are installed. Building construction and general construction activities are limited to Monday through Friday between the hours 7:00 AM to 10:00 PM and on Saturday between the hours of 9:00 AM and 9:00 PM. Site grading/excavation and street and utility construction activities are limited to VIII-11 7 Monday through Friday between the hours 7:00 AM and 7:00 PM and on Saturdays by request, but limited to between the hours of 9:00 AM to dusk. 4.4. GRADING OF STREETS. The DEVELOPER must grade, in accordance with the grading plan provided to and approved by the CITY, all public streets, boulevards, driveways and other public lands, if any, and other lands shown in the approved grading plan. If the DEVELOPER does not perform the work required by this paragraph, the CITY will complete all work required of the DEVELOPER. The DEVELOPER will be financially responsible for payments for this work, which will be assessed as provided in Section 16.2. 4.5. INTERIM BITUMINOUS STREET. The DEVELOPER will construct a bituminous wedge for the roadways within the FINAL PLAT. The DEVELOPER shall install the bituminous wear course of streets after the first course (base course) has weathered a winter season, consistent with warranty requirements, but no later than . A bituminous ramping wedge to protect the concrete lip from snowplow damage shall be installed with the bituminous base course. Prior to paving the bituminous wear course, the ramping wedge must be milled off. The CITY will thoroughly inspect all curb and gutter for damage prior to the installation of the bituminous wear course and may require repairs and/or replacement by DEVELOPER depending on the severity of damage. Final acceptance of the required improvements by the CITY will not be granted until all work, including final wear course, is completed. 4.6. STREET MAINTENANCE. DEVELOPER is responsible for all maintenance, upkeep and repair of all public streets contained within the FINAL PLAT from initiation of construction through final acceptance by the CITY. 4.7. STREET SWEEPING. The DEVELOPER is responsible for the removal of all construction debris and earth materials within the public right-of-way typically resulting from new home construction activities. The CITY will inspect the roadways to ensure the DEVELOPER is keeping all public roadway surfaces clean. If any portion of a public roadway surface is found in an unacceptable condition, the CITY will have appropriate equipment dispatched to the site and all costs associated with the clean-up effort will be billed to the DEVELOPER. 4.8. STREET SIGNS. The DEVELOPER shall be financially responsible for the installation of street identification signs, and non-mechanical and non-electrical traffic control signs. Street signs will be in conformance with the names as indicated on the FINAL PLAT and pursuant to CITY standards. The actual number and location of signs to be installed shall be determined by the CITY and actual installation shall be performed by CITY authorized personnel. DEVELOPER shall deposit an escrow identified on Exhibit C to furnish and install all required street and traffic control signage for the development, provided this cost and escrow will not cover the required Type III Barricades and Future Street Extension Sign to be installed and removed by the DEVELOPER at DEVELOPER’S expense. 4.9. SOD. The DEVELOPER agrees that the BUILDER must pay for and install cultured sod between all adjacent street curbs and between front and rear lot lines, with landscape rock between each home, throughout each lot in the entire FINAL PLAT. For a lot where the Certificate of Occupancy is issued between August 1 and May 1 of the following year, completion of the work VIII-11 8 described in this paragraph shall be completed by the BUILDER by June 15; for a lot where the Certificate of Occupancy is issued between May 1 and July 31, completion of the work described in this paragraph shall be completed by the BUILDER by September 15. 4.10. BOULEVARD AND AREA RESTORATION. The DEVELOPER shall seed all boulevards within 30 days of the completion of street related improvements and restore all other areas disturbed by the development grading operation in accordance with the approved erosion control plan, over the entire FINAL PLAT. Upon request of the CITY ENGINEER, the DEVELOPER shall remove the silt fences after grading and construction have occurred. 4.11. LOT CORNER MONUMENTS. The DEVELOPER shall install all subdivision lot corner monumentation within one year from the date of recording the FINAL PLAT, or the monumentation shall be installed on a per lot basis at the time the building permit for the subject lot is issued, whichever occurs first. At the end of the one year period from recording of this DEVELOPMENT AGREEMENT, the DEVELOPER shall submit to CITY ENGINEER written verification by a registered land surveyor that the required monuments have been installed throughout the FINAL PLAT. 4.12. BOULEVARD TREES. The DEVELOPER or BUILDER shall contact the City Forester for the purposes of staking the location of the boulevard trees to be planted in accordance with the Boulevard Tree Planting Plan approved as part of the FINAL PLAT. The minimum size of tree to be planted in the City’s Right-of-Way shall be one and three-fourths (1 ¾) inch caliper, as measured by the American Association of Nurserymen. 4.13. STREET MAINTENANCE, RESTORATION, ACCESS AND REPAIR DURING CONSTRUCTION. The DEVELOPER shall clear, on a daily basis, any soil, earth or debris from the streets and wetlands within or adjacent to the FINAL PLAT resulting from the grading or building on the land within the FINAL PLAT by the DEVELOPER or its agents, and shall restore to the CITY’s specifications any gravel base contaminated by mixing construction or excavation debris, or earth in it, and repair to the CITY’s specifications any damage to bituminous surfacing resulting from the use of construction equipment. Furthermore, the DEVELOPER shall maintain reasonable access to any occupied buildings within the FINAL PLAT, including necessary street maintenance such as grading, graveling, patching and snow removal prior to permanent street surfacing. The DEVELOPER agrees to perform and assume all responsibilities relating to snow removal and ice control, if the streets have not been accepted for winter maintenance by the CITY ENGINEER by October 15, or later if approved by the CITY’s Public Works Director. Completion of the work described in the paragraph shall be completed within fifteen (15) days after notice by the CITY to the DEVELOPER that repair, or restoration is required. Saturday working hours for the site grading/street and utility construction should start at 9:00 a.m. 4.14. OCCUPANCY AND ACCESS. No building permit for any lot shall be issued until the DEVELOPER has constructed a temporary access consisting of a bituminous surface base that is acceptable in design by the CITY and the conditions on Exhibit D have been followed. VIII-11 9 No temporary certificate of occupancy for any lot shall be issued until the DEVELOPER has constructed a permanent bituminous roadway and water and sanitary sewer improvements are available for use and all conditions of Exhibit D have been followed. No permanent certificate of occupancy for any lot within the FINAL PLAT shall be issued until all water and sanitary sewer improvements are available for use and the first lift of street pavement has been installed. Furthermore, the DEVELOPER is responsible for the construction and cost of constructing any necessary temporary bituminous roadway before the public roadway is constructed and shall maintain reasonable access to any occupied house or houses, including necessary street maintenance prior to permanent street improvements that are accepted by the CITY. 4.15. DRIVEWAYS. Upon building a residence on a lot, the BUILDER shall construct a concrete or bituminous surface driveway for the lot in accordance with CITY approved standards. For a lot for which a certificate of occupancy is issued between August 1 and May 1 of the following year, completion of the work described in this paragraph must be completed by June 15; for a lot for which a certificate of occupancy is issued between May 1 and July 31, completion of the work described in this paragraph shall be completed by September 15. 4.16. VEGETATION. The DEVELOPER shall comply with CITY ordinances and policies related to preservation of vegetation and trees and specifically shall exercise reasonable efforts in residential areas to save mature, non-diseased trees and vegetation on the subject land which do not have to be removed for reasonable installation of buildings, streets, utilities or drainage improvements, construction activities related thereto, or site grading. Prior to any excavation, the DEVELOPER shall require a certified arborist to install tree protection on all trees that are to be saved and to mark such trees with a red band prior to any excavation. All diseased trees shall be removed according to CITY ordinance requirements. 4.17. LANDSCAPING. The responsibility for landscaping requirements is as follows: a) The DEVELOPER is responsible for: 1. Installing all landscaping improvements within the lots containing the Homeowners’ Association-owned common elements shown on the DEVELOPER’s approved landscape plan. 2. Granting the CITY the right to trim overgrown vegetation within the lots containing the Homeowners’ Association-owned common elements. 3. Installing all landscaping improvements as depicted on the DEVELOPER’s landscape plan in a timely manner. 4. Installing irrigation within the lots containing the Homeowners’ Association- owned common elements. 5. Including in the Homeowners’ Association the responsibilities of individual property owners identified in Section 4.17 (b) below. 6. Installing sod along any boulevard adjacent to the CITY’S Outlot. 7. Installing boulevard trees as depicted in the Boulevard Tree Planting Plan. b) The Homeowners’ Association shall be required to maintain the landscaping and irrigation systems within lots containing the Homeowners’ Association-owned VIII-11 10 common elements and irrigation systems within the right-of-way to the back of curb or edge of pavement that is adjacent to the DEVELOPMENT PROJECT after it is installed by DEVELOPER. c) The DEVELOPER will be financially responsible for the work outlined in Section 4.17(a), which shall be secured by a Letter of Credit described in Exhibit C. 4.18. EROSION CONTROL. The DEVELOPER shall provide and follow a plan for erosion control and pond maintenance in accord with the Best Management Practices (BMP) as delineated in the Minnesota Pollution Control Agency Construction Stormwater General Permit and a grading permit from the CITY. Such plan shall be detailed on the DEVELOPMENT PLANS and shall be subject to approval of the CITY ENGINEER. The DEVELOPER shall install and maintain such erosion control structures as appear necessary under the DEVELOPMENT PLANS or as it becomes necessary subsequent thereto. The DEVELOPER shall be responsible for all damage caused as the result of grading and excavation within the FINAL PLAT including, but not limited to, restoration of existing control structures and clean-up of public right-of-way, until all lots are final graded and improvements are completed. As a portion of the erosion control plan, the DEVELOPER shall seed or sod any disturbed areas in accordance with the DEVELOPMENT PLANS. After the site is rough graded, the DEVELOPER must provide erosion control devices that are reasonably required by the CITY. The parties recognize that time is of the essence in controlling erosion. If the DEVELOPER does not provide erosion control, the CITY may, after a twenty-four (24) hour notice, take appropriate action to control erosion. The CITY may, without notice draw upon any posted financial guarantee to pay costs incurred by the CITY in controlling erosion within the FINAL PLAT, or at the CITY’s option, assess the additional costs incurred as part of the DEVELOPER IMPROVEMENTS. 4.19. PROHIBITION ON TRANSFER OF RESPONSIBILITY. The DEVELOPER must not transfer or assign its responsibility to perform the requirements of Street Sweeping, Street Signs, Street Maintenance, Restoration, Access and Repair, Landscaping, and Erosion Control to any lot purchaser or BUILDER of a home on any lot within the FINAL PLAT. 4.20. WEED/GRASS MAINTENANCE. DEVELOPER must not allow or permit within the FINAL PLAT, excluding land deeded to the CITY for public purposes, any weeds, grass, brush, or other rank vegetation to a height greater than twelve (12) inches, or permit any accumulation of dead weeds, grass or brush, unless such vegetation has been approved pursuant to a landscape plan that involves native grasses or plantings. In the event the DEVELOPER fails to comply with this provision, the CITY may give the DEVELOPER notice to cut or remove material in violation of this paragraph. All costs of cutting or removing incurred by the CITY must be paid by the DEVELOPER or assessed against the property that is in violation. 4.21. SEAL COATING. DEVELOPER shall deposit a seal coat escrow identified on Exhibit C. Seal coating of the new public streets and newly resurfaced street sections within the PLAT will be completed by the CITY as part of the annual street maintenance program within one (1) year of the CITY’S acceptance of the public street. VIII-11 11 4.22. SPECIFICATIONS - INSPECTIONS. Unless otherwise stated, all of the required improvements for the DEVELOPMENT PROJECT shall conform to engineering standards and specifications as required by the CITY. Such DEVELOPER IMPROVEMENTS shall be subject to inspection and approval and shall be made in sequence as determined by the Public Works Department. Plans and specifications for the required improvements shall be submitted to the Public Works Department in a type and format specified by the Public Works Department for review and approval. The required improvement plan review fee shall be paid at that time. DEVELOPER shall retain a testing consultant, approved by the CITY, to complete necessary third-party testing of all materials, soil compaction and other infrastructure systems as required by CITY infrastructure specifications, and shall direct that the consultant provide copies of all test reports to the CITY at the same time as they are provided to the DEVELOPER. The DEVELOPER shall provide proof to the CITY prior to the onset of construction activities that it has a valid contract with said testing consultant. If any utility or other improvements are required as part of the CITY’S approval process, those improvements shall be inspected by a CITY designated inspector for compliance with CITY standards and the approved DEVELOPMENT PLANS. The Public Works Director shall determine the estimated cost of inspection services. The CITY will pay all improvement inspection costs incurred from escrowed funds deposited with the CITY by the DEVELOPER in an amount estimated on Exhibit C, but DEVELOPER shall pay the actual amount determined by the CITY ENGINEER. The CITY will also charge an administration fee to cover the costs of the CITY’S overhead and consultant fees connected to the inspection services and related construction oversight efforts. Excess funds will be returned to the DEVELOPER upon completion and acceptance of the DEVELOPMENT PROJECT. If escrowed funds deposited with the CITY are insufficient to cover the inspection costs, the DEVELOPER shall deposit additional funds to cover the estimated overage. Upon completion of the required public improvements the Developer’s engineer of record shall send as-built grading and utility drawings certifying their compliance to the CITY’S engineering standards and specifications and with those costs paid by DEVELOPER. ARTICLE 5 PARK CONTRIBUTION REQUIREMENTS 5.1. PARK DEDICATION. The DEVELOPER shall comply with the park dedication requirements as defined in the City Code. Park dedication fees identified in Exhibit C must be paid prior to the release of the FINAL PLAT. ARTICLE 6 PERMITS, LICENSES AND OTHER APPROVALS 6.1. PERMITS. The DEVELOPER shall obtain all necessary approvals, permits and licenses from the CITY, the OTHER REGULATORY AGENCIES and the UTILITY COMPANIES, as identified on Exhibit E, attached hereto. Major design requirements of any such entities shall be determined prior to completion and incorporated into the DEVELOPMENT PLANS. All costs incurred to obtain said approvals, permits and licenses, and also all fines or penalties levied by any agency due to the failure of the DEVELOPER to obtain or comply with conditions of such approvals, VIII-11 12 permits and licenses, shall be paid by the DEVELOPER. The DEVELOPER shall defend and hold the CITY harmless from any action initiated by the OTHER REGULATORY AGENCIES and the UTILITY COMPANIES resulting from such failures of the DEVELOPER. ARTICLE 7 OTHER DEVELOPMENT REQUIREMENTS 7.1. MISCELLANEOUS REQUIREMENTS. Any additional requirements to approval of the FINAL PLAT and DEVELOPMENT PLANS as specified by the COUNCIL are incorporated herein and identified on Exhibit D. 7.2. OCCUPANCY OF DWELLING UNITS AND NOTICE OF MINING ACTIVITIES. No occupancy of any dwelling unit in the DEVELOPMENT PROJECT shall occur until the DEVELOPER furnishes the CITY with a copy of a recorded written notice, acknowledged by the initial owners and occupants of the dwelling, demonstrating that the DEVELOPER notified the initial owners and occupants, and by recording any subsequent owners, of the existence of active mining operations, including blasting, on adjacent property and the potential for disturbance to foundations and improvements. 7.3. PROHIBITION ON ROCK BLASTING. No blasting will be allowed. Due to the close proximity of adjacent structures as well as the utilities in the area of rock excavation, special care must be taken to avoid any damages. The DEVELOPER will be responsible for all claims of damages, and responsible for any necessary corrections. ARTICLE 8 OTHER REQUIREMENTS 8.1. Utilities and Trunk Main Oversizing. All final utility plans must be approved by the Public Works Department. DEVELOPER shall extend the existing 18-inch diameter sanitary sewer main northerly along Fallbrooke Drive and westerly along Northridge Drive to the PLAT boundary with a stub and cap for future connection. DEVELOPER shall pay the equivalent cost of the sanitary sewer main up to 10-inches diameter size, and the CITY shall pay the incremental difference between the 10-inch and 18-inch diameter pipe and other materials and costs more fully described in the DEVELOPER engineer’s cost estimates totaling $19,416.00 through the use of the CITY’S Trunk Sewer (SAC) funds. If competent bedrock is present for the installation of the 18-inch diameter pipe, the CITY shall pay for rock excavation at depths greater than 10 feet from the finished grade elevation. Competent bedrock shall be determined by the engineer of record and confirmed by the CITY, with the support of the DEVELOPER’S geotechnical engineer. The engineer of record shall coordinate and provide for a survey of the rock excavation to verify the amount of qualifying competent bedrock each day. The payment limits are further defined in CITY Standard Plat No. 400-3. The actual quantity shall be determined as prescribed above and multiplied by the unit price of $90 per Cubic Yard. The engineer of record’s cost estimate for this qualifying rock excavation is $26,320.00 (more fully described in the DEVELOPER engineer’s cost estimates). The oversizing cost increment shall be confirmed by the Public Works Department VIII-11 13 and paid to DEVELOPER upon the CITY’S acceptance of the completed required sanitary sewer mains. DEVELOPER shall extend 16-inch diameter water main along Northridge Drive to the PLAT boundary with a stub and plug for future connection. DEVELOPER shall pay the equivalent cost of the water main up to 8-inches diameter size, and the CITY shall pay the incremental difference between the 8-inch and 16-inch diameter pipe and other materials and costs more fully described in the DEVELOPER engineer’s cost estimates totaling $26,747.50 through the use of the CITY’S Trunk Water (WAC) funds. The oversizing cost increment shall be confirmed by the Public Works Department and paid to DEVELOPER upon the CITY’S acceptance of the completed required water mains. ARTICLE 9 RESPONSIBILITY FOR COSTS 9.1. DEVELOPER AND SITE IMPROVEMENT COSTS. The DEVELOPER shall pay for the DEVELOPER IMPROVEMENTS and SITE IMPROVEMENTS; that is, all costs of persons doing work or furnishing skills, tools, machinery or materials, or insurance premiums or equipment or supplies and all just claims for the same; and the CITY shall be under no obligation to pay the contractor or any subcontractor any sum whatsoever on account thereof, whether or not the CITY shall have approved the contract or subcontract. Such site improvements are identified on Exhibit C. The DEVELOPER is responsible for contracting and paying for the street and utility testing costs. The CITY’s designated inspector on the DEVELOPMENT PROJECT will coordinate the street and utility testing activities. All testing reports shall be sent to the CITY with a copy to the DEVELOPER. If deductions are owed on the street and utility construction pursuant to the MNDOT standards for construction, then these deductions will be paid by DEVELOPER to CITY within thirty (30) days after DEVELOPER receives notices of such deductions. 9.2. MISCELLANEOUS CHARGES. The DEVELOPER shall reimburse the CITY for all miscellaneous costs and charges incurred or to be incurred by the CITY in connection with this DEVELOPMENT AGREEMENT, including administrative and consultant fees. 9.3. ENFORCEMENT COSTS. The DEVELOPER shall pay the CITY for costs incurred in the enforcement of this DEVELOPMENT AGREEMENT, including engineering costs and reasonable attorneys’ fees. 9.4. TIME OF PAYMENT. DEVELOPER shall pay all bills from the CITY within thirty (30) days after billing. Bills not paid within thirty (30) days shall bear interest at the rate of eight percent (8%) per year. VIII-11 14 ARTICLE 10 DEVELOPER WARRANTIES 10.1. STATEMENT OF DEVELOPER WARRANTIES. The DEVELOPER hereby warrants and represents the following: a) AUTHORITY. DEVELOPER is the fee title owner of the DEVELOPMENT PROPERTY in the FINAL PLAT and has the right, power, legal capacity and authority to enter into and perform its obligations under this DEVELOPMENT AGREEMENT, and no approvals or consents of any persons are necessary in connection with the authority of DEVELOPER to enter into and perform its obligations under this DEVELOPMENT AGREEMENT. b) NO DEFAULT. DEVELOPER is not in default under any lease, contract or agreement to which it is a party or by which it is bound which would affect performance under this DEVELOPMENT AGREEMENT. DEVELOPER is not a party to or bound by any mortgage, lien, lease, agreement, instrument, order, judgment or decree which would prohibit the execution or performance of this DEVELOPMENT AGREEMENT by DEVELOPER or prohibit any of the transactions provided for in this DEVELOPMENT AGREEMENT. c) PRESENT COMPLIANCE WITH LAWS. DEVELOPER has complied with and is not in violation of applicable federal, state or local statutes, laws, and regulations including, without limitation, permits and licenses and any applicable zoning, environmental or other law, ordinance or regulation affecting the FINAL PLAT and the DEVELOPMENT PLANS and the DEVELOPER IMPROVEMENTS; and DEVELOPER is not aware of any pending or threatened claim of any such violation. d) CONTINUING COMPLIANCE WITH LAWS. DEVELOPER will comply with all applicable federal, state and local statutes, laws and regulations including, without limitation, permits and licenses and any applicable zoning, environmental or other law, ordinance or regulation affecting the FINAL PLAT and the DEVELOPMENT PLANS and the DEVELOPER IMPROVEMENTS. e) NO LITIGATION. There is no suit, action, arbitration or legal, administrative or other proceeding or governmental investigation pending, or threatened against or affecting DEVELOPER or the FINAL PLAT or the DEVELOPMENT PLANS or the DEVELOPER IMPROVEMENTS. DEVELOPER is not in default with respect to any order, writ, injunction or decree of any federal, state, local or foreign court, department, agency or instrumentality. f) FULL DISCLOSURE. None of the representatives and warranties made by DEVELOPER or made in any exhibit hereto or memorandum or writing furnished or to be furnished by DEVELOPER or on its behalf intentionally contains or will contain any untrue statement of material fact or intentionally omit any material fact the VIII-11 15 omission of which would be misleading. Any unintentional untrue statements or omissions shall be corrected or cured within thirty (30) days after the DEVELOPER receives FORMAL NOTICE or obtains knowledge of such error, unless an extension is granted by the CITY. g) PLAT COMPLIANCE. The FINAL PLAT and the DEVELOPMENT PLANS comply with all CITY, COUNTY, metropolitan, state and federal laws and regulations, including but not limited to, subdivision ordinances, zoning ordinances and environmental regulations. h) WARRANTY ON PROPER WORK AND MATERIALS. The DEVELOPER warrants all work required to be performed by it under this DEVELOPMENT AGREEMENT against defective material and faulty workmanship for a period of one (1) year after its completion and acceptance by the CITY. The DEVELOPER shall be solely responsible for all costs of performing repair work required by the CITY within thirty (30) days of notification. All trees, grass, and sod shall be warranted to be alive, of good quality, and disease free for one year after planting. Any replacements shall be similarly warranted for one year from the time of planting. The warranty period for street and drainage and erosion control improvements shall be for one (1) year after completion and acceptance by the CITY; the warranty for the street, drainage and erosion control improvements shall also include the obligation of the DEVELOPER to repair and correct any damage to or deficiency with respect to such improvements. i) OBTAINING PERMITS. The DEVELOPER shall obtain in a timely manner and pay for all required permits, licenses and approvals, and shall meet, in a timely manner, all requirements of all applicable, local, state and federal laws and regulations which must be obtained or met before the DEVELOPER IMPROVEMENTS may be lawfully constructed. A list of the CITY permits, licenses, and approvals required is identified on Exhibit E. j) HOMEOWNERS’ ASSOCIATION. DEVELOPER shall set up a Homeowners’ Association that governs the rights and responsibilities of the individual property owners prior to release of the PLAT. DEVELOPER shall specifically incorporate the responsibilities of the Homeowners’ Association that are identified in this DEVELOPMENT AGREEMENT and as specified by the CITY COUNIL as being the responsibilities of the Homeowners’ Association. ARTICLE 11 [INTENTIONALLY BLANK] VIII-11 16 ARTICLE 12 CITY WARRANTIES 12.1. STATEMENT OF CITY WARRANTIES. The CITY hereby warrants and represents as follows: a) ORGANIZATION. CITY is a municipal corporation duly incorporated and validly existing in good standing the laws of the State of Minnesota. b) AUTHORITY. CITY has the right, power, legal capacity and authority to enter into and perform its obligations under this DEVELOPMENT AGREEMENT. ARTICLE 13 INDEMNIFICATION OF CITY 13.1. INDEMNIFICATION OF CITY. Provided the CITY is not in DEFAULT under the DEVELOPMENT AGREEMENT with respect to the particular matter causing the claim, loss or damage, DEVELOPER shall indemnify, defend and hold the CITY, its COUNCIL, agents, employees, attorneys and representatives harmless against and in respect of any and all claims, demands, actions, suits, proceedings, losses, costs, expenses, obligations, liabilities, damages, recoveries, and deficiencies, including interest, penalties and attorneys’ fees, that the CITY incurs of suffers, which arise out of, result from or relate to: a) breach by the DEVELOPER of the DEVELOPER WARRANTIES; b) failure of the DEVELOPER to timely construct the DEVELOPER IMPROVEMENTS according to the DEVELOPMENT PLANS and the CITY ordinances, standards and specifications; c) failure by the DEVELOPER to observe or perform any covenant, condition, obligation or agreement on its part to be observed or performed under this DEVELOPMENT AGREEMENT; d) failure by the DEVELOPER to pay contractors, subcontractors, laborers, or materialmen; e) failure by the DEVELOPER to pay for materials; f) approval by the CITY of the FINAL PLAT; g) approval by the CITY of the DEVELOPMENT PLANS; h) failure to obtain the necessary permits and authorizations to construct the DEVELOPER IMPROVEMENTS; i) construction of the DEVELOPER IMPROVEMENTS; VIII-11 17 j) delays in construction of the DEVELOPER IMPROVEMENTS; k) payment by DEVELOPER for any required costs or assessments; l) all costs and liabilities arising because building permits were issued prior to the completion and acceptance of the DEVELOPER IMPROVEMENTS. 13.2. NOTICE. Within a reasonable period of time after the CITY’s receipt of actual notice of any matter giving rise to a right of payment against the CITY pursuant to Section 13.1, the CITY shall give the FORMAL NOTICE in reasonable detail to the DEVELOPER. The DEVELOPER shall not be obligated to make any payment to the CITY for any such claim until the passage of thirty (30) days from the date of its receipt of FORMAL NOTICE from the CITY, during which time the DEVELOPER shall have the right to cure or remedy the event leading to such claim. 13.3. DEFENSE OF CLAIM. Provided the CITY is not in DEFAULT under the DEVELOPMENT AGREEMENT with respect to the particular matter causing the claim or demand, with respect to claims or demands asserted against the CITY by a third party of the nature covered by Section 13.1, and provided that the CITY gives FORMAL NOTICE thereof, the DEVELOPER will, at its sole expense, provide for the defense thereof with counsel of its own selection but approved by the CITY; the DEVELOPER will pay all costs and expenses including attorneys’ fees incurred in so defending against such claims, provided that the CITY shall at all times also have the right to fully participate in the defense at the CITY’s expense. If the DEVELOPER fails to defend, the CITY shall have the right, but not the obligation, to undertake the defense of, and to compromise or settle the claim or other matter, for the account of and at the risk of the DEVELOPER. ARTICLE 14 CITY REMEDIES UPON DEVELOPER DEFAULT 14.1. CITY REMEDIES. If a DEVELOPER DEFAULT occurs, that is not caused by FORCE MAJEURE, the CITY shall give the DEVELOPER FORMAL NOTICE of the DEVELOPER DEFAULT and the DEVELOPER shall have thirty (30) days to cure the DEVELOPER DEFAULT. If the DEVELOPER, after FORMAL NOTICE to it by the CITY, does not cure the DEVELOPER DEFAULT, then the CITY may avail itself of any remedy afforded by law and any of the following remedies: a) the CITY may specifically enforce this DEVELOPMENT AGREEMENT; b) the CITY may suspend any work, improvement or obligation to be performed by the CITY; c) the CITY may collect on the irrevocable letter of credit (“LOC”), or cash deposit pursuant to Article 15 hereof; VIII-11 18 d) the CITY may suspend or deny building and occupancy permits for buildings within the FINAL PLAT; e) the CITY may, at its sole option, perform the work or improvements to be performed by the DEVELOPER, in which case the DEVELOPER shall within thirty (30) days after written billing by the CITY reimburse the CITY for any costs and expenses incurred by the CITY. In the alternative, the CITY may in whole or in part, specially assess any of the costs and expenses incurred by the CITY; and the DEVELOPER hereby waives any and all procedural and substantive objections to the installation and construction of the work and improvements and the special assessment resulting therefrom, including, but not limited to, notice and hearing requirement and any claim that the special assessments exceed benefit to the FINAL PLAT. The DEVELOPER hereby waives any appeal rights otherwise available pursuant to Minn. Stat. § 429.081. 14.2. NO ADDITIONAL WAIVER IMPLIED BY ONE WAIVER. In the event any agreement contained in this DEVELOPMENT AGREEMENT is breached by the DEVELOPER and thereafter waived in writing by the CITY, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other concurrent, previous or subsequent breach hereunder. All waivers by the CITY must be in writing. 14.3. NO REMEDY EXCLUSIVE. No remedy herein conferred upon or reserved to the CITY shall be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under the DEVELOPMENT AGREEMENT or now or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. In order to entitle the CITY to exercise any remedy reserved to it, it shall not be necessary to give notice, other than the FORMAL NOTICE. 14.4. EMERGENCY. Notwithstanding the requirement contained in Section 14.1 hereof relating to FORMAL NOTICE to the DEVELOPER in case of a DEVELOPER DEFAULT and notwithstanding the requirement contained in Section 14.1 hereof relating to giving the DEVELOPER a right to cure the DEVELOPER DEFAULT, in the event of an emergency as determined by the CITY ENGINEER, resulting from the DEVELOPER DEFAULT, the CITY may perform the work or improvement to be performed by the DEVELOPER without giving any notice or FORMAL NOTICE to the DEVELOPER and without giving the DEVELOPER the right to cure the DEVELOPER DEFAULT. In such case, the DEVELOPER shall within thirty (30) days after written billing by the CITY reimburse the CITY for any and all costs incurred by the CITY. In the alternative, the CITY may, in whole or in part, specially assess the costs and expenses incurred by the CITY; and the DEVELOPER hereby waives any and all procedural and substantive objections to the installation and construction of the work and improvements and the special assessments resulting therefrom, including, but not limited to, notice and hearing requirements and any claim that the special assessments exceed benefit to the FINAL PLAT. The DEVELOPER hereby waives any appeal rights otherwise available pursuant to Minn. Stat. § 429.081. VIII-11 19 ARTICLE 15 FINANCIAL OBLIGATIONS 15.1. DEVELOPER’S LETTER OF CREDIT AMOUNT. Prior to release of the FINAL PLAT for recording, the DEVELOPER shall submit certification of taxes paid in full for the DEVELOPMENT PROPERTY. DEVELOPER shall also deposit with the CITY an irrevocable LOC for the amounts required in Exhibit C. In lieu of an irrevocable LOC, DEVELOPER may deposit cash or other security acceptable to CITY. All cost estimates shall be acceptable to the CITY ENGINEER. The bank and form of the irrevocable LOC shall be subject to approval by the CITY and shall continue to be in full force and effect until released by the CITY. The irrevocable LOC shall be for a one year term provided it is automatically renewable for successive one year periods from the present or any future expiration dates, and further provided that the irrevocable LOC states that at least sixty (60) days prior to the expiration date the bank will notify the CITY if the bank elects not to renew for an additional period. The irrevocable LOC shall secure compliance by the DEVELOPER with the terms of this DEVELOPMENT AGREEMENT. The CITY may draw down on the irrevocable LOC or cash deposit, without any further notice than that provided in Section 14.1 relating to a DEVELOPER DEFAULT, for any of the following reasons: a) a DEVELOPER DEFAULT; or b) upon the CITY receiving notice that the irrevocable LOC will be allowed to lapse prior to one (1) year after acceptance by the CITY. The CITY shall use the LOC proceeds to reimburse the CITY for its costs and to cause the DEVELOPER IMPROVEMENTS to be constructed to the extent practicable; if the CITY ENGINEER determines that such DEVELOPER IMPROVEMENTS have been constructed and after retaining 10% of the proceeds for later distribution pursuant to Section 15.2, the remaining proceeds shall be distributed to the DEVELOPER. With CITY approval, the irrevocable LOC may be reduced pursuant to Section 15.2 from time to time as financial obligations are paid. 15.2. ESCROW RELEASE AND ESCROW INCREASE; DEVELOPER IMPROVEMENTS. The DEVELOPER may request that the LOC or cash deposits required by the DEVELOPMENT AGREEMENT be reduced proportionally at the following intervals: a) Substantial completion of the mass site grading activities; b) Final completion of the mass site grading activities; c) Substantial completion of the sanitary sewer, water main, and storm sewer installation; d) Substantial completion of the streets and streetlights; VIII-11 20 e) Final completion of the initial public improvements. The LOC or cash deposits may be administratively reduced by the CITY ENGINEER by 50% after full installation or completion of the aforementioned items, pending verification of as-builts and completion of punch list items. Upon verification of as-builts that confirm the location and construction of the aforementioned items and completion of punch list items, the DEVELOPER may request the LOC or cash deposits be reduced by 75% of the original amounts. The balance shall be retained by the CITY until the expiration of the 1-year warranty period. If it is determined by the CITY that the DEVELOPMENT PLANS were not strictly adhered to, or that work was done without CITY inspection, the CITY may require, as a condition of acceptance, that the DEVELOPER post an irrevocable LOC, or cash deposit equal to 125% of the estimated amount necessary to correct the deficiency or to protect against deficiencies arising therefrom. In the event that work, which is concealed, was done without permitting CITY inspection, then the CITY may, in the alternative, require the concealed condition to be exposed for inspection purposes. 15.3. DEVELOPER’S CASH FEES AND ESCROW REQUIREMENTS. At the time that the DEVELOPMENT AGREEMENT is approved, DEVELOPER shall pay cash fees and deposit required escrows with the CITY for those items and in the amounts required in Exhibit C. 15.4. BUILDER’S CASH FEES AND CASH ESCROW REQUIREMENTS. DEVELOPER shall notify each BUILDER that certain building permit fees and an escrow shall be required prior to the issuance of a building permit for each lot for items identified in the CITY’S Fee Schedule and any requirements of the CITY’S Building Official. ARTICLE 16 MISCELLANEOUS 16.1. CITY’S DUTIES. The terms of this DEVELOPMENT AGREEMENT shall not be considered an affirmative duty upon the CITY to complete any DEVELOPER IMPROVEMENTS. 16.2. ADDITIONAL IMPROVEMENTS. If the DEVELOPER fails to construct the DEVELOPER IMPROVEMENTS, the CITY at its option, may install and construct the DEVELOPER IMPROVEMENTS. In such case, the CITY, at its option, may specially assess the cost wholly or in part therefore under Minnesota Statutes Chapter 429, or may draw on the irrevocable LOC or cash deposit. If the CITY specially assesses the cost of any portion thereof, then the DEVELOPER hereby waives any and all procedural and substantive objections to the installation of the improvements and the special assessments, including, but not limited to, notice and hearing requirements and any claim that the special assessments exceed the benefit to the FINAL PLAT. The DEVELOPER waives any appeal rights otherwise available pursuant to Minnesota Statute § 429.081. The DEVELOPER acknowledges that the benefit from the improvements equal or exceed the amount of the special assessments. VIII-11 21 16.3. NO THIRD PARTY RECOURSE. Third parties shall have no recourse against the CITY under this DEVELOPMENT AGREEMENT. 16.4. VALIDITY. If any portion, section, subsection, sentence, clause, paragraph or phrase of this DEVELOPMENT AGREEMENT is for any reason held to be invalid, such decision shall not affect the validity of the remaining portion of this DEVELOPMENT AGREEMENT. 16.5. RECORDING. The DEVELOPMENT AGREEMENT and PLAT shall be recorded with the COUNTY Recorder and the DEVELOPER shall provide and execute any and all documents necessary to implement the recording. 16.6. BINDING AGREEMENT. The parties mutually recognize and agree that all terms and conditions of this recordable DEVELOPMENT AGREEMENT shall run with the land in the FINAL PLAT, and shall be binding upon the successors and assigns of the DEVELOPER. This DEVELOPMENT AGREEMENT shall also run with and be binding upon any after acquired interest of the DEVELOPER in the land made the subject of the FINAL PLAT. 16.7. CONTRACT ASSIGNMENT. The DEVELOPER may not assign this DEVELOPMENT AGREEMENT without the prior written consent of the COUNCIL, which approval will not be unreasonably withheld. In such case, the third-party buyer will be required to accept and assume all contractual and financial responsibilities provided in this DEVELOPMENT AGREEMENT. Upon satisfaction of such requirements by such third-party buyer, the DEVELOPER’s obligations hereunder shall terminate. Absent approval of the Council, the DEVELOPER’s obligations hereunder shall continue in full force and effect, even if the DEVELOPER sells one or more lots, the entire PLAT, or any part of it. 16.8. AMENDMENT AND WAIVER. The parties hereto may by mutual written agreement amend this DEVELOPMENT AGREEMENT in any respect. Any party hereto may extend the time for the performance of any of the obligations of another, waive any inaccuracies in representations by another contained in this DEVELOPMENT AGREEMENT or in any document delivered pursuant hereto which inaccuracies would otherwise constitute a breach of this DEVELOPMENT AGREEMENT, waive compliance by another with any of the covenants contained in this DEVELOPMENT AGREEMENT, waive performance of any obligations by the other or waive the fulfillment of any condition that is precedent to the performance by the party so waiving of any of its obligations under this DEVELOPMENT AGREEMENT. Any agreement on the part of any party for any such amendment, extension or waiver must be in writing. No waiver of any of the provisions of this DEVELOPMENT AGREEMENT shall be deemed, or shall constitute, a waiver of any other provisions, whether or not similar, nor shall any waiver constitute a continuing waiver. 16.9. GOVERNING LAW. This DEVELOPMENT AGREEMENT shall be governed by and construed in accordance with the laws of the State of Minnesota. 16.10. COUNTERPARTS. This DEVELOPMENT AGREEMENT may be executed in any number of counterparts, each of which shall be deemed an original but all of which shall constitute one and the same instrument. VIII-11 22 16.11. HEADINGS. The subject headings of the paragraphs and subparagraphs of this DEVELOPMENT AGREEMENT are included for purposes of convenience only and shall not affect the construction of interpretation of any of its provisions. 16.12. INCONSISTENCY. If the DEVELOPMENT PLANS are inconsistent with the words of this DEVELOPMENT AGREEMENT or if the obligation imposed hereunder upon the DEVELOPER are inconsistent, then that provision or term which imposes a greater and more demanding obligation on the DEVELOPER shall prevail. 16.13. ACCESS. The DEVELOPER hereby grants to the CITY, its agents, employees, officers, and contractors a license and right of entry to enter the DEVELOPMENT PROPERTY to perform all work and inspections deemed appropriate by the CITY during the installation of DEVELOPER IMPROVEMENTS and SITE IMPROVEMENTS. [REMAINDER OF PAGE INTENTIONALLY BLANK] VIII-11 23 IN WITNESS WHEREOF, the parties have executed this DEVELOPMENT AGREEMENT. CITY: CITY OF HASTINGS By: Mary Fasbender Its Mayor By: Kelly Murtaugh Its City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON ) On this day of , 2022, before me a Notary Public within and for said County, personally appeared Mary Fasbender and Kelly Murtaugh to me personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and City Clerk of the City of Hastings, the municipality named in the foregoing instrument, and that the said instrument was signed in behalf of said municipality by authority of its City Council and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipality. Notary Public VIII-11 24 DEVELOPER: CREATIVE HOME CONSTRUCTION INVESTMENTS LLC By: Its STATE OF _____________________) ) ss. COUNTY OF ) On this _____ day of _____________, 2022, before me a Notary Public within and for said County, personally appeared to me personally known, who being by me duly sworn, did say that he is the of Creative Home Construction Investments LLC, a Wisconsin limited liability company, the entity named in the foregoing instrument, and that said instrument was signed on behalf of said entity by authority of its Board of Governors and said ___________________________ acknowledged said instrument to be the free act and deed of the entity. Notary Public THIS INSTRUMENT DRAFTED BY AND AFTER RECORDING PLEASE RETURN TO: Korine Land, #262432 LeVander, Gillen, & Miller, P.A. 1305 Corporate Center Drive, Suite 300 Eagan, MN 55121 (651) 451-1831 VIII-11 A-1 EXHIBIT A DEVELOPMENT PROPERTY Real property situated in the City of Hastings, County of Dakota, State of Minnesota, legally described as: Lots 1-6, Block 1, Heritage Ridge 3rd Addition Lots 1-17, Block 2, Heritage Ridge 3rd Addition Lots 1-9, Block 3, Heritage Ridge 3rd Addition Lots 1-2, Block 4, Heritage Ridge 3rd Addition Lots 1-6, Block 5, Heritage Ridge 3rd Addition Outlot A, Heritage Ridge 3rd Addition VIII-11 B-1 EXHIBIT B FINAL PLAT VIII-11 B-2 EXHIBIT B FINAL PLAT VIII-11 C-1 EXHIBIT C DEVELOPER’S LETTER OF CREDIT AND CASH REQUIREMENTS LETTERS OF CREDIT/ESCROW SITE IMPROVEMENTS Site Improvement LOC Estimated Construction Cost Sanitary Sewer $ 268,730.80 Watermain $ 274,744.60 Storm Sewer $ 144,703.25 Streets/Trails/Sidewalks $ 328,661.70 Grading $ 6,164.10 Subtotal: $ 1,023,004.45 X 125% Total Site Improvement LOC: $ 1,278,755.56 CONSTRUCTION INSPECTION & ADMINISTRATION ESCROW *Final amount to be determined by the CITY Engineer ADDITIONAL ESCROWS Estimated Construction Inspection & Administration Escrow for Grading and Public Infrastructure* $60,000 Seal Coat Escrow $12,000 Street & Traffic Control Signage Escrow $1,000 VIII-11 C-2 LANDSCAPING ESCROW Landscape LOC Total Landscaping Cost X 125% Total Landscaping Escrow: CASH REQUIREMENTS City Fees cash Unit Cost Qty Total Park Dedication Fees $2,200/unit 40 units $88,000.00 Sewer Interceptor Fees $485/unit 40 units $19,400.00 Total Fees $ VIII-11 D-1 EXHIBIT D MISCELLANEOUS REQUIREMENTS AND CONDITIONS IMPOSED BY THE CITY 1) CONDITIONS TO BE SATISFIED BEFORE CITY RELEASES THE FINAL PLAT TO BE RECORDED. a) Letter of Credit. DEVELOPER must provide the LOC for the amounts required in this DEVELOPMENT AGREEMENT. b) All Cash and Escrow Deposits. DEVELOPER must pay all cash and escrow deposits required in this DEVELOPMENT AGREEMENT. c) Planning Fees. DEVELOPER must fully pay the CITY all planning, engineering review and legal fees that have been incurred up to the date of approval of this DEVELOPMENT AGREEMENT. d) Park Dedication Fee. DEVELOPER must pay park dedication fees as required in Exhibit C. e) Sewer Interceptor Fees. DEVELOPER must pay sewer interceptor fees as required in Exhibit C. f) Outlot A. DEVELOPER has executed a deed to the Homeowners’ Association for Outlot A for stormwater. g) Stormwater Management Facilities Agreement. The Homeowner’s Association must execute a Stormwater Management Facilities Agreement for portions of the DEVELOPMENT PROPERTY. 2) BUILDING PERMITS. No building permits may be obtained until: a) All the conditions in Paragraph 1 of this Exhibit D have been met; b) All storm water ponds and associated drainage features including storm sewer and drainage swales have been installed; c) The concrete curb and gutter and base course of bituminous for the streets serving the lot must be constructed by the DEVELOPER and approved by the CITY and determined by the CITY to be available for use; d) The utilities have been installed; e) Record Drawings have been received and approved by the CITY; VIII-11 D-2 f) The following documents have been recorded: • Final Plat • Development Agreement • Deed for Outlot A to the Homeowners’ Association • Homeowners’ Association Declaration establishing responsibility for maintenance of common elements including stormwater basins and landscaping • Stormwater Management Facilities Agreement between the CITY and the Homeowners’ Association 3) CERTIFICATES OF OCCUPANCY. Prior to issuance of any certificate of occupancy, all the following conditions must be satisfied: a) All the conditions listed in Paragraphs 1 and 2 of this Exhibit D must be satisfied. 4) SUBDIVISION EROSION CONTROL. DEVELOPER is responsible for erosion control throughout the FINAL PLAT pursuant to the NPDES permit until all lots in the FINAL PLAT are built upon and until turf is established in each of the individual lots in the FINAL PLAT. 5) CLEAN UP OF CONSTRUCTION DEBRIS ON STREETS AND ADJOINING PROPERTY. The escrow amount stated on Exhibit C shall include an appropriate amount as determined by the Director of Public Works to ensure that the DEVELOPER removes any construction debris from streets adjoining the FINAL PLAT and from private properties that adjoint the FINAL PLAT. During the construction of the residences and other improvements within the FINAL PLAT, the DEVELOPER is responsible for removing any construction debris (including roofing materials, paper wrappings, construction material and other waste products resulting from construction) that may be blown from the construction site into adjoining private properties or into CITY streets or that may fall from delivery trucks onto adjoining private properties or CITY streets. Further, during construction, the DEVELOPER must clear the CITY streets of any dirt or other earthen material that may fall onto the CITY streets from the delivery trucks that are being used in the excavation and grading of the site. 6) MAILBOXES. The DEVELOPER is responsible for the placement of a mailbox for all the lots within the DEVELOPMENT PROJECT and must comply with the United States Postal Service’s mailbox design and placement requirements. The mailboxes must all be of similar design and color within the DEVELOPMENT PROJECT. 7) SIDEWALK SNOW REMOVAL AND TRAIL MAINTENANCE. If the CITY does not provide snow removal on a trail or sidewalk within the DEVELOPMENT PROJECT, the property owner abutting the trail or sidewalk must remove the snow and/or ice, as required by the City Code. VIII-11 E-1 EXHIBIT E PERMITS, LICENSES AND OTHER APPROVALS 1. Any licenses or permits required by the Minnesota Department of Health. 2. NPDES Construction Stormwater Permit from the MPCA. 3. Any contractor licenses from the CITY or the State of Minnesota. 4. Building Permits from the CITY. 5. Electrical Permits from the CITY. 6. Utility permits that may be required from the CITY, State of Minnesota or any utility company. 7. Access permits and construction permits as required by Dakota County. 8. Sanitary Sewer Extension Permit by MPCA. VIII-11 City Council Memorandum To: Mayor Fasbender and City Council From: John Hinzman, Community Development Director Date: April 18, 2022 Item: Authorize Signature: Stormwater Management Facilities Agreement - Stencil Addition Council Action Requested: Authorize signature of the attached Stormwater Management Facilities Agreement between the City and Lake Isabelle Flats LLC and NSKW Land LLC (Stencil) memorializing access and activities pertaining to construction of stormwater maintenance facilities. A simple majority is necessary for action. Approval would be subject to minor modifications by staff. Exhibits to the agreement are expected no later than April 15th and will be presented prior to the meeting. Background Information: On March 7, 2022 the City Council approved several actions related to development of the 89 unit apartment building between 3rd and 4th Street, west of Bailey Street by Nathan Stencil (NJS Development LLC). Execution of a Stormwater Agreement was a condition of Final Plat approval. Financial Impact: The addition of 89 apartments will add to the tax base and create needed housing opportunities. Advisory Commission Discussion: N\A Council Committee Discussion: N\A Attachments: •Stormwater Management Facilities Agreement VIII-12 1 (Reserved for Recording Data) STORMWATER MANAGEMENT FACILITIES AGREEMENT This Stormwater Management Facilities Agreement (“Agreement”) is made, entered into and effective this ____ day of _________________, 202__, by and between the City of Hastings, a Minnesota municipal corporation (“City”), and Lake Isabelle Flats LLC, a South Dakota limited liability company, and NSKW LAND, LLC, a South Dakota limited liability company (individually and collectively “Developer”). WHEREAS, Developer is the fee owner of certain real property situated in the City of Hastings, County of Dakota, State of Minnesota legally described as follows: Lot 1, Block 1, Stencil Addition Abstract Property (the “Property”); and WHEREAS, Developer has obtained the approval of the City for the development of the Property for a Stormwater Management Facilities; and WHEREAS, as used herein, the term “Stormwater Management Facilities” may refer to water quality and/or water quantity facilities (i.e. detention basins, retention basins, swales, pipes, oil/water separators, sand filtering devices, infiltration facilities, sump structures, etc.) which are located outside the public road right-of-way; and WHEREAS, the City has required that the Developer make provision for the construction, maintenance and repair of the Stormwater Management Facilities located within the boundaries of the Property as shown on the Stormwater Facilities Location Map on Exhibit A attached hereto; and WHEREAS, the City and Developer desire to set forth their understanding with respect to the construction, repair and maintenance of the Stormwater Management Facilities and the VIII-12 2 responsibility relating to the costs of the repair and maintenance of the Stormwater Management Facilities. NOW THEREFORE, in consideration of the foregoing facts and circumstances, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto hereby agree as follows: 1. Construction and Maintenance of Stormwater Management Facilities. The Developer agrees to construct the Stormwater Management Facilities according to the construction plans drawn by Loucks dated November 17, 2021 (“Plans”) and repair and maintain the Stormwater Management Facilities at its sole cost and expense. Maintenance of the Stormwater Management Facilities shall include but is not limited to compliance with the Stormwater BMP Inspection and Maintenance Plan (“Inspection Plan”) attached as Exhibit B. Developer shall submit an annual inspection report that complies with the Inspection Plan by September 30th of each year. If the required annual inspection report is not submitted to the City by September 30th, the City shall have the right to enter onto the property to conduct the annual inspection. If it is determined that the Stormwater Management Facilities (1) have not been maintained; or (2) are not functioning as originally designed and intended; or (3) are in need of repair, the Developer agrees to restore the Stormwater Management Facilities so that it functions as it was designed and intended. Failure to comply with the restoration ordered by the City shall be an event of default. The Developer further agrees that it will not use the Stormwater Management Facilities for snow storage and will inform its snow removal contractors of this provision of the Agreement. 2. Developer’s Default. In the event of default by the Developer as to any of the work to be performed by it hereunder, following at least thirty (30) days prior written notice and Developer’s failure to cure such default within such time-frame, except in an emergency as determined by the City, the City may, at its option, perform the work and the Developer shall promptly, following receipt of an invoice and reasonable substantiation of such costs, reimburse the City for any reasonable out-of-pocket expense incurred by the City. 3. License, Easement, and Assessment. This Agreement is a license for the City to act when so authorized under this Agreement, and it shall not be necessary for the City to seek a Court order for permission to enter the Property. When the City does any such work, the City may, in addition to its other remedies, assess the reasonable out-of-pocket cost in whole or in part. The Developer has conveyed to the City and the public a permanent drainage and utility easement, described and depicted in more detail on the easement document, which is dedicated to the public for the purpose of providing perpetual access to the City, or its successors responsible hereunder, for purposes of inspecting and performing any necessary maintenance to the Stormwater Management Facilities. 4. Changes to Site Configuration or Stormwater Management Facilities. If site configurations or Stormwater Management Facilities change, causing decreased effectiveness of Stormwater Management Facilities, new or improved Stormwater Management Facilities must be implemented to ensure the conditions for post-construction stormwater management continue to be met. 5. Terms and Conditions. This Agreement shall run with the land and shall be binding upon Developer’s successors and assigns with respect to the Property. The terms and conditions VIII-12 3 of this Agreement shall be binding upon and shall insure to the benefit of the parties hereto and their respective successors and assigns. 6. Developer Warranty. Developer warrants and represents the following to the City and acknowledges that this Agreement has been duly executed and delivered and constitutes the legal, valid and binding obligation of Developer enforceable in accordance with its terms. The party signing on behalf of the Developer has been duly authorized by the entity to sign the Agreement and bind the entity. Developer has been duly formed under the laws of the State of South Dakota and is in good standing under the laws of the jurisdiction in which the Property is located, is duly qualified to transact business in the jurisdiction in which the Property is located, and has the requisite power and authority to enter into and perform this Agreement and the documents and instruments required to be executed and delivered by Developer pursuant hereto. This Agreement and the documents and instruments required to be executed and delivered by Developer pursuant hereto have each been duly authorized by all necessary action on the part of Developer and such execution, delivery and performance does and will not conflict with or result in a violation of Developer’s organizational agreement or any judgment or order. The execution, delivery and performance by Developer of this Agreement will not (a) violate any provision of any law, statute, rule or regulation or any order, writ, judgment, injunction, decree, determination or award of any court, governmental agency or arbitrator presently in effect having applicability to Developer, or (b) result in a breach of or constitute a default under any indenture, loan or credit agreement or any other agreement, lease or instrument to which Developer is a party or by which it or any of its properties may be bound. 7. Amendment and Waiver. The parties hereto may by mutual written agreement amend this Agreement in any respect. Any party hereto may extend the time for the performance of any of the obligations of another, waive any inaccuracies in representations by another contained in this Agreement or in any document delivered pursuant hereto which inaccuracies would otherwise constitute a breach of this Agreement, waive compliance by another with any of the covenants contained in this Agreement, waive performance of any obligations by the other or waive the fulfillment of any condition that is precedent to the performance by the party so waiving of any of its obligations under this Agreement. Any agreement on the part of any party for any such amendment, extension or waiver must be in writing. No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute, a waiver of any other provisions, whether or not similar, nor shall any waiver constitute a continuing waiver. 8. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. 9. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original but all of which shall constitute one and the same instrument. 10. Consent. Developer consents to the recording of this Agreement. 11. Limitation of Liability. Notwithstanding any other provision of this Agreement, in no event shall either party or any of their affiliates, by reason of any of their respective acts or omissions be liable whether in contract, tort, misrepresentation, warranty, negligence, strict VIII-12 4 liability or otherwise for any special, indirect, incidental or consequential damages arising out of or in connection with this Agreement, or the performance, non-performance or breach thereof. 12. Notice. Notice shall mean notices given by one party to the other if in writing and if and when delivered or tendered: (i) in person; (ii) by depositing it in the United States mail in a sealed envelope, by certified mail, return receipt requested, with postage and postal charges prepaid, or (iii) by proper and timely delivery to an overnight courier service addressed by name and address to the party or person intended addressed as follows: If to City: City of Hastings Attention: City Administrator 101 4th Street East Hastings, MN 55033 If to Developer: Lake Isabelle Flats LLC and NSKW LAND, LLC Attn: Nathan Stencil P.O. Box 89624 Sioux Falls, SD 57109 or to such other address as the party addressed shall have previously designated by notice given in accordance with this Section. Notices shall be deemed to have been duly given on the date of service if served personally on the party to whom notice is to be given, on the third day after mailing if mailed by United States postal service as provided above, or within twenty-four (24) hours if sent via overnight courier service provided, that a notice not given as above shall, if it is in writing, be deemed given if and when actually received by a party. [The remainder of this page was intentionally left blank.] VIII-12 5 IN WITNESS WHEREOF, the parties hereto have caused this document to be executed as of the day and year first above written. CITY: CITY OF HASTINGS By: Mary Fasbender Its Mayor By: Kelly Murtaugh Its City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF DAKOTA ) On this ___ day of ______________________, 202___, before me a Notary Public within and for said County, personally appeared Mary Fasbender and Kelly Murtaugh, to me personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and City Clerk of the City of Hastings, the municipality named in the foregoing instrument, and that the seal affixed to said instrument was signed and sealed on behalf of said municipality by authority of its City Council and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipality. Notary Public VIII-12 6 DEVELOPER: LAKE ISABELLE FLATS LLC By: Nathan Stencil Its: President STATE OF ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this ____ day of __________________, 202___ by ______________________, the ______________________ of Lake Isabelle Flats LLC, a South Dakota limited liability company, on behalf of said limited liability company. Notary Public VIII-12 7 NSKW LAND, LLC By: Nathan Stencil Its: President STATE OF ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this ____ day of __________________, 202___ by ______________________, the ______________________ of NSKW LAND, LLC, a South Dakota limited liability company, on behalf of said limited liability company. Notary Public This instrument drafted by and after recording, please return to: Korine L. Land (#262432) LeVander, Gillen & Miller, P.A. 1305 Corporate Center Drive, Suite 300 Eagan, MN 55121 651-451-1831 VIII-12 A-1 EXHIBIT A STORMWATER FACILITIES LOCATION MAP VIII-12 PROPOSED BUILDING FFE = 708.50' 4 4 4 8 8 8 8 8 8 8 8 8 8 8 NO P A R K I N G NO P A R K I N G STMH 1 BUILD OVER & CONNECT TO EXISTING 18" RCP RIM=707.93 INV(SW)=704.90 EX. INV(NW,SE)=704.40± (VERIFY LOCATION, INVERT, SIZE, & MATERIAL) 12" ROOF DRAIN STUB INV=702.75 (VERIFY LOCATION, SIZE, & INVERT W/ MECHANICAL) 45 LF-12" HDPE @ 1.11% W/ INSULATION STMH 2 RIM=708.25 INV(S)=705.35 INV(NE, SW,SE)=705.00 23 LF-12" HDPE @ 0.43% W/ INSULATION 5 LF-10" HDPE @ 0.00% OUTLET INV=705.35 OUTLET INV=705.35 22 LF-6" HDPE @ 1.59% W/ INSULATION CORE DRILL & CONNECT TO EXISTING STORM SEWER MANHOLE @ INV(W)=705.00 EX. INV(N,S)=704.83± EX. RIM=706.94± ADJUST RIM TO MATCH PROPOSED GRADE @ RIM=707.56 CHANGE CASTING TO NEENAH R-1733 OR APPROVED EQUAL (VERIFY LOCATION, INVERT, SIZE, & MATERIAL) SLOT DRAIN 37 LF-12" HDPE @ 0.50% RIM=707.30 INV(N)=705.32 INV(S)=705.13 INLET INV=705.25 17 LF-12" HDPE @ 1.00% W/ INSULATION INLET INV=705.23 17 LF-12" HDPE @ 0.50% W/ INSULATION INLET INV=705.04 17 LF-12" HDPE @ 0.50% W/ INSULATION 125 LF-FRENCH DRAIN W/ 6" DRAINTILE @ 0.32% SEE DETAIL 162 LF-FRENCH DRAIN W/ 6" DRAINTILE @ 0.37% SEE DETAIL CORE DRILL & CONNECT TO EXISTING STORM SEWER MANHOLE @ INV(W)=705.00 EX. RIM=707.09± (VERIFY LOCATION, INVERT, SIZE, & MATERIAL) 6" 90° BEND INV=705.25 12 LF-8" SOLID PVC @ 0.67% 6"X8" TEE INV=705.08 32 LF-6" SOLID PVC @ 0.53% CLEANOUT 20 INV=705.65 6" 90° BEND INV=705.90 CLEANOUT 30 INV=706.50 32 LF-6" SOLID PVC @ 2.56% EX. CBMH EX. RIM=706.92± EX. INV(SE)=703.38± EX. INV(W)=702.52± ADJUST RIM TO MATCH PROPOSED GRADE @ RIM=706.98 CHANGE CASTING TO NEENAH R-3034-B OR APPROVED EQUAL (VERIFY RIM ELEVATION, LOCATION, INVERT, & MATERIAL) CORE DRILL & CONNECT TO EXISTING STORM SEWER MANHOLE @ INV(S)=702.25 EX. INV(E)=701.87± EX. INV(W)=701.75± EX. RIM=706.31± ADJUST RIM TO MATCH PROPOSED GRADE @ RIM=707.01 CHANGE CASTING TO NEENAH R-3034-B OR APPROVED EQUAL (VERIFY RIM ELEVATION, LOCATION, INVERT, & MATERIAL) BMP #1 15" PERFORATED UNDERGROUND FILTRATION SYSTEM (730 LF TOTAL) TOP OF PIPE=706.25 OUTLET=705.35 INV=705.00 DRAINTILE INV=705.00 100-YR HWL=706.61 SEE DETAIL CBMH 10 RIM=707.30 INV(N,S)=705.51 INV(W)=705.42 CBMH 11 RIM=707.30 INV(N,S)=705.32 INV(W)=705.32 CBMH 12 RIM=707.30 INV(N,S)=705.13 INV(W)=705.13 SLOT DRAIN 37 LF-12" HDPE @ 0.50% RIM=707.30 INV(S)=705.32 INV(N)=705.13 SLOT DRAIN 37 LF-12" HDPE @ 0.50% RIM=707.30 INV(N)=705.51 INV(S)=705.32 SLOT DRAIN 37 LF-12" HDPE @ 0.50% RIM=707.30 INV(S)=705.70 INV(S)=705.51 STMH 3 ACCESS RISER RIM=708.25 INV=705.00 STMH 5 ACCESS RISER RIM=707.60 INV=705.00 STMH 6 ACCESS RISER RIM=708.08 INV=705.00 STMH 4 ACCESS RISER RIM=707.64 INV=705.00 INLET INV=705.23 17 LF-12" HDPE @ 0.50% W/ INSULATION CBMH 13 RIM=707.30 INV(N,S)=705.32 INV(W)=705.32 SLOT DRAIN 37 LF-12" HDPE @ 0.50% RIM=707.30 INV(S)=705.51 INV(N)=705.32 INLET INV=705.25 17 LF-12" HDPE @ 1.00% W/ INSULATION CBMH 14 RIM=707.30 INV(N,S)=705.51 INV(W)=705.42 SLOT DRAIN 37 LF-12" HDPE @ 0.50% RIM=707.30 INV(S)=705.70 INV(N)=705.51 EX. CBMH EX. RIM=707.63± EX. INV(S)=705.78± EX. INV(NE)=705.73± CHANGE CASTING TO NEENAH R-3067-C OR APPROVED EQUAL (VERIFY RIM ELEVATION, LOCATION, INVERT, & MATERIAL) UTILITY EASEMENT N SCALE IN FEET 0 20 40 C1-1 EXISTING CONDITIONS C1-2 DEMOLITION PLAN C2-1 SITE PLAN C3-1 GRADING PLAN C3-2 SWPPP C3-3 SWPPP NOTES & DETAILS C4-1 UTILITY PLAN-STORM SEWER C4-2 UTILITY PLAN-SANITARY SEWER AND WATERMAIN C8-1 CIVIL DETAILS C8-2 CIVIL DETAILS C8-3 CIVIL DETAILS C8-4 CIVIL DETAILS 10/08/2021 CONCEPT SITE PLAN 11/18/2021 CITY SUBMITTAL 01/18/2022 CITY RESUBMITTAL 02/04/2022 CITY RESUBMITTAL 04/15/2022 CITY RESUBMITTAL Review Date SHEET INDEX License No. Date I hereby certify that this plan, specification or report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota. Project Lead Drawn By Checked By Loucks Project No. Zachary B. Moen - PE 58688 21467 ZBM ZBM/MDC ZBM 04/15/2022 XX/XX/XXXX CADD files prepared by the Consultant for this project are instruments of the Consultant professional services for use solely with respect to this project. These CADD files shall not be used on other projects, for additions to this project, or for completion of this project by others without written approval by the Consultant. With the Consultant's approval, others may be permitted to obtain copies of the CADD drawing files for information and reference only. All intentional or unintentional revisions, additions, or deletions to these CADD files shall be made at the full risk of that party making such revisions, additions or deletions and that party shall hold harmless and indemnify the Consultant from any & all responsibilities, claims, and liabilities. PLANNING CIVIL ENGINEERING LAND SURVEYING LANDSCAPE ARCHITECTURE ENVIRONMENTAL 7200 Hemlock Lane, Suite 300 Maple Grove, MN 55369 763.424.5505 www.loucksinc.com Pl o t t e d : 04 / 1 5 / 2 0 2 2 1 0 : 5 5 A M W: \ 2 0 2 1 \ 2 1 4 6 7 \ H Y D R O L O G Y \ O & M A g r e e m e n t & I n s p e c t i o n P l a n \ W o r k i n g \ O & M E x h i b i t OUCKSL CADD QUALIFICATION QUALITY CONTROL PROFESSIONAL SIGNATURE SUBMITTAL/REVISIONS HASTINGS LUXURY APARTMENTS HASTINGS, MN 55033 STENCIL GROUP P.O. BOX 89624 SIOUX FALLS, SD 57109 L1-1 LANDSCAPE PLAN L2-1 LANDSCAPE DETAILS NOT F O R CON S T R U C T I O N 73 23 CIVIL LEGEND NOTE: EXISTING CONDITIONS INFORMATION SHOWN IS FROM AN ALTA/NSPS LAND TITLE SURVEY PREPARED BY LOUCKS AND DATED NOVEMBER 2, 2021. Gopher State One Call WARNING: THE CONTRACTOR SHALL BE RESPONSIBLE FOR CALLING FOR LOCATIONS OF ALL EXISTING UTILITIES. THEY SHALL COOPERATE WITH ALL UTILITY COMPANIES IN MAINTAINING THEIR SERVICE AND / OR RELOCATION OF LINES. THE CONTRACTOR SHALL CONTACT GOPHER STATE ONE CALL AT 651-454-0002 AT LEAST 48 HOURS IN ADVANCE FOR THE LOCATIONS OF ALL UNDERGROUND WIRES, CABLES, CONDUITS, PIPES, MANHOLES, VALVES OR OTHER BURIED STRUCTURES BEFORE DIGGING. THE CONTRACTOR SHALL REPAIR OR REPLACE THE ABOVE WHEN DAMAGED DURING CONSTRUCTION AT NO COST TO THE OWNER. STORM OPERATIONS & MAINTENANCE EXHIBIT VIII-12 B-1 EXHIBIT B STORMWATER BMP INSPECTION AND MAINTENANCE PLAN VIII-12 Underground Filtration System BMP Maintenance and Inspection Specifications BMP ID: Underground Filtration System Maintenance and Inspection Report Inspection Date / / 20 Inspector: Inspection Activity Observations Measurements Maintenance Maint. Required Actions Required/Date Completed/Responsible Foreman Inspection of structure for trash, debris, floatables and oil Remove any floatables, accumulated trash or debris with a dip net or vacuum. More frequent cleaning is necessary if floatables regularly exceed a depth of 1 ft. Vacuum any visible oil prior to pumping permanent pool of water downstream. Yes No Yes No / / 20 Responsible Party: Visual inspection of accumulated sediment and presence of salt or other corrosive substances Remove sediment buildup as needed to maintain infiltration capacity. Remove or rinse the system as needed if salt or corrosive substances are present. Yes No / / 20 Responsible Party: Inspect contributing areas for plugged catch basins, erosion, trash, leaves, and debris. Check ground surface directly adjacent to the structure for sinkholes or depression areas Notify appropriate maintenance staff or property owner of need to sweep and/or remove litter/debris. Sink holes shall be filled and monitored for further depression. Yes No Yes No / / 20 Responsible Party: Inspect all visible structural components: Manholes, Castings, Covers and pipe connections. Repair as able and note observations notifying maintenance foremen of any observed damage to structure, manholes, casings and associated loose or missing bolts, blockages of inlets/outlets, etc. Yes No / / 20 Responsible Party: VIII-12 Stormwater Inspection and Maintenance Log Hastings Luxury Apartments Date: Address: Inspected By: Hastings, MN Property Manager: Contact #: BMP ID# BMP Description Issues Maintenance Performed Comments Instructions: Record all inspections and maintenance for all treatment BMPs on this form. Use additional log sheets and/or attach extended comments or documentation as necessary. Submit a copy of the completed log with the annual independent inspectors’ report to the municipality, watershed, and start a new log at that time.  BMP ID# — Always use ID# from the Operation and Maintenance Manual.  Inspected by — Note all inspections and maintenance on this form, including the required independent annual inspection.  Cause for inspection — Note if the inspection is routine, pre-rainy-season, post-storm, annual, or in response to a noted problem or complaint.  Exceptions noted — Note any condition that requires correction or indicates a need for maintenance.  Comments and actions taken — Describe any maintenance done and need for follow-up. VIII-12 City Council Memorandum To: Mayor Fasbender and City Council From: Eric Maass, AICP, EDFP, Economic Development Coordinator Date: April 12, 2022 Item: Adopt Resolution Terminating and Canceling Existing Contract for Private Development with NJS Development, LLC for former UBC Site. Council Action Requested: Adopt Resolution Terminating and Canceling Existing Contract for Private Development with NJS Development, LLC for former UBC Site. Background Information: The City Attorney’s office was queuing items up for the closing and noticed that because the property is being Platted we need to terminate the existing contract for private development agreement that includes both a development agreement and purchase agreement. In order to account for the plat, and make sure things appear on title correctly we need to rescind the current development and purchase agreements in favor of a singular purchase agreement. There are no substantive changes to the new purchase agreement, simply the changing of the ownership LLC. HEDRA will be considering the new purchase agreement at their meeting on April 14th, 2022. Due to timing of City Council packet preparation and the HEDRA meeting, Staff will update the City Council on HEDRA’s action. The City Council does not need to approve of the new purchase agreement between HEDRA and Lake Isabelle Flats, LLC and NSKW Land, LLC. Another public hearing is not required. The 89 unit apartment project is still on track for construction in 2022. Financial Impact: No financial impact. Advisory Commission Discussion: HEDRA will consider Resolution No 2022-23 Approving the existing purchase and development agreement termination and authorized signature for the new purchase agreement with between HEDRA and Lake Isabelle Flats, LLC and NSKW Land, LLC related to the redevelopment of the former UBC site. Council Committee Discussion: N/A Attachments: •Resolution VIII-13 1 HASTINGS CITY COUNCIL RESOLUTION NO. A RESOLUTION TERMINATING AND CANCELLING THE CONTRACT FOR PRIVATE REDEVELOPMENT WITH NJS DEVELOPMENT LLC DATED NOVEMBER 11, 2021 AND THE FIRST AMENDMENT TO DEVELOPMENT AGREEMENT DATED FEBRUARY 7, 2022 Council member ________________ introduced the following resolution and moved its adoption: WHEREAS, on September 20, 2021, by and through Resolution No. 09-13-21, the City Council approved the Contract for Private Redevelopment (“Original Development Agreement”) by and between the Hastings Economic Development and Redevelopment Authority and the City of Hastings and NJS Development LLC (“Developer”) for the real property legally described on Exhibit A (the “HEDRA Property”) for a redevelopment project (“Project”); and WHEREAS, on November 15, 2021, by and through Resolution No. 11-11-2021, the City Council terminated the Original Development Agreement, as the Original Development Agreement inadvertently omitted a parcel that is necessary for the Project, and approved a new Contract for Private Redevelopment (“New Development Agreement”) for constructing the Project on the real property legally described on Exhibit B (the “Property”); and WHEREAS, on February 7, 2022, by and through Resolution No. 02-04-22, the New Development Agreement was amended (“First Amendment to Development Agreement”) to extend the Closing Date to allow additional time to submit the Construction Plans; and WHEREAS, the New Development Agreement and the First Amendment to Development Agreement shall be collectively referred to hereinafter as the “Agreements”; and WHEREAS, it has been determined that the Agreements are no longer necessary for the Project; and WHEREAS, the parties mutually desire to terminate and cancel the Agreements. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Hastings that the Agreements are hereby terminated and canceled. 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 18, 2022, by the following vote: Ayes: Nays: Absent: VIII-13 2 Mary Fasbender, Mayor ATTEST: Kelly Murtaugh, City Clerk (City Seal) I HEREBY CERTIFY that the above is a true and correct copy of the resolution presented to and adopted by the City of Hastings, County of Dakota, Minnesota, on the 18th 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) VIII-13 A-1 EXHIBIT A LEGAL DESCRIPTION OF HEDRA PROPERTY Real property in Dakota County, Minnesota legally described as follows: PID: 19-32150-17-020 (Abstract Property) All of Lot One (1), Block Seventeen (17) in the Town of Hastings, excepting therefrom, however, all that portion lying northeasterly of a line 25 feet southwesterly of, measured at right angles and parallel with, the centerline of Chicago, Milwaukee, St. Paul, and Pacific Railroad Company’s spur track as now there laid across Bailey Street in said Town of Hastings, Dakota County, Minnesota; and ALSO All of Lot Two (2), Block Seventeen (17), Town of Hastings, excepting therefrom the West two- thirds (W 2/3) of the North half (N 1/2) of said Lot Two (2) and further excepting therefrom the West one-third (W 1/3) of the South half (S 1/2) of said Lot Two (2), Town of Hastings, Dakota County, Minnesota, together with those parts vacated and accruing thereto by virtue of the vacations thereof. PID: 19-32150-17-021 (Abstract Property) The North 1/2 of the West 1/2 of the East 2/3 of Lot 2 and the West 1/3 of Lot 2, Block 17, Town of Hastings, Dakota County, Minnesota, together with those parts vacated and accruing thereto by virtue of the vacations thereof. PID: 19-32150-17-080 (Abstract Property) Lots 7 and 8, Block 17, Town of Hastings, Dakota County, Minnesota, together with those parts vacated and accruing thereto by virtue of the vacations thereof. VIII-13 B-1 EXHIBIT B LEGAL DESCRIPTION OF PROPERTY Real property in Dakota County, Minnesota legally described as follows: PID: 19-32150-17-030 (Abstract Property) Lot Three (3) in Block Seventeen (17) in the Town (now city) of Hastings, according to the plat thereof now on file and of record in the office of the County Recorder in and for Dakota County, Minnesota. PID: 19-32150-17-020 (Abstract Property) All of Lot One (1), Block Seventeen (17) in the Town of Hastings, excepting therefrom, however, all that portion lying northeasterly of a line 25 feet southwesterly of, measured at right angles and parallel with, the centerline of Chicago, Milwaukee, St. Paul, and Pacific Railroad Company’s spur track as now there laid across Bailey Street in said Town of Hastings, Dakota County, Minnesota; and ALSO All of Lot Two (2), Block Seventeen (17), Town of Hastings, excepting therefrom the West two- thirds (W 2/3) of the North half (N 1/2) of said Lot Two (2) and further excepting therefrom the West one-third (W 1/3) of the South half (S 1/2) of said Lot Two (2), Town of Hastings, Dakota County, Minnesota, together with those parts vacated and accruing thereto by virtue of the vacations thereof. PID: 19-32150-17-021 (Abstract Property) The North 1/2 of the West 1/2 of the East 2/3 of Lot 2 and the West 1/3 of Lot 2, Block 17, Town of Hastings, Dakota County, Minnesota, together with those parts vacated and accruing thereto by virtue of the vacations thereof. PID: 19-32150-17-080 (Abstract Property) Lots 7 and 8, Block 17, Town of Hastings, Dakota County, Minnesota, together with those parts vacated and accruing thereto by virtue of the vacations thereof. VIII-13 City Council Memorandum To: Mayor Fasbender and City Council From: John Hinzman, Community Development Director Date: April 18, 2022 Item: Authorize Signature: Agreement Regarding Abandoned Sewer Line - Stencil Addition Council Action Requested: Authorize signature of the attached Agreement Regarding Abandoned Sewer Line between the City and Lake Isabelle Flats LLC and NSKW Land LLC (Stencil). Approval would be subject to minor modifications by staff. A simple majority is necessary for action. Background Information: A sanitary sewer service line exists beneath 4th Street to serve the former HEDRA owned UBC storage building at 415 4th Street E. The building was removed for the 89 unit Stencil Apartment project. Stencil will not be utilizing the service line for his new building. Municipal regulations require the owner to disconnect and abandon the sewer line. City Staff believes the potential damage and traffic interruptions on 4th Street outweigh the need for removal. The Agreement allows the service line to stay in place and establishes certain requirements pertaining to potential costs for maintenance and removal. Financial Impact: The addition of 89 apartments will add to the tax base and create needed housing opportunities. Advisory Commission Discussion: N\A Council Committee Discussion: N\A Attachments: • Agreement Regarding Abandoned Sewer Line VIII-14 1 AGREEMENT REGARDING ABANDONED SEWER SERVICE LINE THIS AGREEMENT (“Agreement”) is made, entered into and effective this ____________ day of _________________________, 2022, by and between the City of Hastings, a Minnesota municipal corporation (“City”), and Lake Isabelle Flats LLC, a South Dakota limited liability company, and NSKW LAND, LLC, a South Dakota limited liability company (individually and collectively “Owner”). RECITALS WHEREAS, Owner is the fee owner of real property generally located at 412 3rd Street East and 415 4th Street East, Hastings, Minnesota 55033 and legally described as follows: Lot 1, Block 1, Stencil Addition Abstract Property (the “Property”); and WHEREAS, there was a storage building structure on the Property (“Storage Building”) that was removed in anticipation of the construction of a multi-unit apartment facility (“Redevelopment Project”); and WHEREAS, the original 4-inch diameter sanitary sewer utility service line installed to the 415 4th Street East parcel runs beneath 4th Street East and connects to a sewer main under 4th Street East (“Original Sewer Line”), but the Original Sewer Line was never connected to the Storage Building; and WHEREAS, the Owner does not intend to utilize the Original Sewer Line on the Property and instead, will make a new connection to the sewer main at a different location and different size to accommodate the Redevelopment Project; and WHEREAS, as a result of the foregoing, the Original Sewer Line will be abandoned and will not be used for the Redevelopment Project or any other purpose on the Property; and WHEREAS, municipal regulations require Owner to disconnect, at its expense, the VIII-14 2 abandoned Original Sewer Line from the sewer main beneath 4th Street East; and WHEREAS, disconnection of the Original Sewer Line may result in minor damage and loss of integrity to the surface and base of 4th Street East and may also result in unwanted traffic interruptions; and WHEREAS, failure to disconnect the Original Sewer Line may lead to conditions requiring corrective action in the future which may include, but are not limited to, leaking pipes, surface settlement resulting from broken pipes, or interference with other construction projects; and WHEREAS, City is willing to waive the requirement that Owner disconnect and remove the Original Sewer Line completely to the sewer main beneath 4th Street East, on the conditions that Owner, its successors and assigns agree: (1) if reasonably deemed necessary by City, to remove the Original Sewer Line at its cost; (2) to repair and remedy any unwanted conditions caused by the Original Sewer Line remaining connected and in place at its cost and to indemnify and hold harmless City for any resulting damage or claims; (3) that if Owner fails to perform removal or repair work in a timely manner, City may complete the needed work; and (4) that City may assess the cost of any such work against the Property as provided in this Agreement; and WHEREAS, Owner understands that the conditions and potential problems which may result from the Original Sewer Line remaining connected and in place are not certain and cannot be fully identified or described with certainty but Owner desires to assume all future responsibility and costs of correcting such conditions and damage. NOW THEREFORE, in consideration of the City’s willingness to waive the current requirement that Owner disconnect and remove the Original Sewer Line completely to the sewer main beneath 4th Street East, the parties make the following agreement: A. City waives the current requirement that Owner disconnect and remove the Original Sewer Line completely to the sewer main beneath 4th Street East, subject to the conditions and requirements set forth herein and in the Recitals above. B. In the event there is leakage from the Original Sewer Line or disturbance to the ground above the Original Sewer Line that the City reasonably determines has been caused by a breakage or other issue with the Original Sewer Line (a “Removal Event”), then, upon written demand by City, Owner at its cost shall disconnect and remove the Original Sewer Line completely to the sewer main beneath 4th Street East and reasonably restore any disturbed areas to their original conditions. If Owner fails to perform the removal or repair work as required herein within a reasonable time period after the occurrence of a Removal Event and the City’s delivery of written notice as required hereunder, City may undertake all work necessary to disconnect and remove the Original Sewer Line, and Owner shall immediately reimburse City for all costs actually incurred by the City in connection with removal of the Original Sewer Line (the “Removal Expense”). VIII-14 3 C. If Owner fails to timely reimburse City for all of the Removal Expense, Owner, for itself, its successors and assigns, agrees that the City may assess the costs against the Property in the amount of the Removal Expense plus a $25.00 fee (if the Removal Expense is $10,000.00 or less) or a $50.00 fee (if the removal expense is greater than $10,000.00). D. If the Removal Expense is $10,000.00 or less, the resulting assessments shall be paid over a period of five years, but if the Removal Expense is over $10,000.00, the assessment shall be paid over a ten-year period. In addition, interest shall accrue on the unpaid assessment at a rate equal to the interest rate applied by the City for other assessments in the year the work is performed. If no such assessments are certified for other properties in the City during that year, the interest rate shall be equal to the interest rate imposed on the most recent assessment certified by the City. E. Where reference is made herein to Owner, reference shall be to Owner, its successors and assigns as to the Property and the rights and obligations hereunder shall run with the land and shall burden the Property and all subsequent Owners thereof and City shall record this Agreement on the public property records to provide notice of this agreement and all obligations hereunder to subsequent Owners of the Property. F. Owner shall indemnify and hold harmless City for any damages or claims resulting from the Original Sewer Line remaining connected and in place pursuant to this Agreement except to the extent such damages or claims result from the gross negligence or willful misconduct of the City or its employees, agents, officers, officials, or contractors. G. This Agreement shall be construed and enforced in accordance with the laws of the State of Minnesota and any dispute shall be venued in the Dakota County District Court. Owner consents to the jurisdiction of the Minnesota state courts. H. Notice. Notice shall mean notices given by one party to the other if in writing and if and when delivered or tendered: (i) in person; (ii) by depositing it in the United States mail in a sealed envelope, by certified mail, return receipt requested, with postage and postal charges prepaid, or (iii) by proper and timely delivery to an overnight courier service addressed by name and address to the party or person intended addressed as follows: If to City: City of Hastings Attention: City Administrator 101 4th Street East Hastings, MN 55033 VIII-14 4 If to Owner: Lake Isabelle Flats LLC and NSKW LAND, LLC Attn: Nathan Stencil P.O. Box 89624 Sioux Falls, SD 57109 or to such other address as the party addressed shall have previously designated by notice given in accordance with this Section. Notices shall be deemed to have been duly given on the date of service if served personally on the party to whom notice is to be given, on the third day after mailing if mailed by United States postal service as provided above, or within twenty-four (24) hours if sent via overnight courier service provided, that a notice not given as above shall, if it is in writing, be deemed given if and when actually received by a party. [remainder of page intentionally left blank] VIII-14 5 IN WITNESS WHEREOF, the parties hereto have caused this document to be executed as of the day and year first above written. CITY: CITY OF HASTINGS By: Mary Fasbender Its Mayor By: Kelly Murtaugh Its City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF DAKOTA ) On this ___ day of ______________________, 202___, before me a Notary Public within and for said County, personally appeared Mary Fasbender and Kelly Murtaugh, to me personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and City Clerk of the City of Hastings, the municipality named in the foregoing instrument, and that the seal affixed to said instrument was signed and sealed on behalf of said municipality by authority of its City Council and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipality. Notary Public VIII-14 6 OWNER: LAKE ISABELLE FLATS LLC By: Nathan Stencil Its: President STATE OF ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this ____ day of __________________, 202___ by ______________________, the ______________________ of Lake Isabelle Flats LLC, a South Dakota limited liability company, on behalf of said limited liability company. Notary Public VIII-14 7 NSKW LAND, LLC By: Nathan Stencil Its: President STATE OF ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this ____ day of __________________, 202___ by ______________________, the ______________________ of NSKW LAND, LLC, a South Dakota limited liability company, on behalf of said limited liability company. Notary Public This instrument drafted by and after recording, please return to: Korine L. Land (#262432) LeVander, Gillen & Miller, P.A. 1305 Corporate Center Drive, Suite 300 Eagan, MN 55121 651-451-1831 VIII-14 City Council Memorandum To: Mayor Fasbender and City Council From: Justin Fortney, City Planner Date: April 18, 2022 Item: 1st Reading: Amend City Code Chapter 155.01 - Rezone Property from C, Commercial to R-3, Medium-High Density Residence (117 22nd St W) Council Action Requested: Consider 1st Reading of an amendment to City Code Chapter 155.01 to rezone property from C, Commercial to R-3, Medium-High Density Residence as requested by Rosa Castro. Upon action by the Council the 2nd Reading and final adoption would be scheduled for the May 2, 2022 City Council meeting along with a Comprehensive Plan Amendment. A simple majority is necessary for action. Background Information: The owners of Las Margarita’s had at one time planned to extend their parking lot to this property. After expanding to the south several years ago, they no longer have an expansion need for this parcel. They have removed the existing home from this parcel and propose to construct a duplex. Please see the attached Planning Commission April 11, 2022 staff report for additional information. Financial Impact: N/A Advisory Commission Discussion: The Planning Commission voted 7-0 to recommend approval of the request at the April 11, 2022 meeting. There were no public comments. Council Committee Discussion: N/A Attachments:  Ordinance Amendment  Planning Commission Memo - April 11, 2022 VIII-15 1st READING DRAFT ORDINANCE NO. 2020-____, THIRD SERIES AN ORDINANCE OF THE CITY OF HASTINGS, MINNESOTA AMENDING SECTION 155.01, ZONING CODE OF THE CITY CODE HAVING TO DO WITH: OFFICIAL ZONING MAP BE IT ORDAINED by the City Council of the City of Hastings that approximately 1/4 acres of property generally located at 117 22nd St W and legally described as Lot 13, Block 3, TOWN OF VERMILLION, Dakota County, Minnesota. Approval is subject to approval of the concurrent Comprehensive Plan Amendment by Metropolitan Council: EFFECTIVE DATE: This Ordinance shall be in full force and effect from and after its passage and approval and publication, as required by law and/or charter. ADOPTED by the Hastings City Council on this 2nd day of May, 2022. _________________________________ Mary Fasbender, Mayor ATTEST: ____________________________________ Kelly Murtaugh, City Clerk VIII-15 I HEREBY CERTIFY that the above is a true and correct copy of an ordinance presented to and adopted by the City of Hastings, County of Dakota, Minnesota, on the 2nd day of May, 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 (JJF) 101 4th St. East Hastings, MN 55033 VIII-15 To: Planning Commissioners From: Justin Fortney, City Planner Date: March 11, 2022 Item: Public Hearing ‐ Comprehensive Plan Amendment and Rezoning ‐ 117 22nd St W ‐ Rosa Castro Planning Commission Action Requested Hold a Public Hearing, review, and make recommendation to the City Council on the following actions as proposed: 1) Comprehensive Plan Amendment to change the Future Land Use Map designation from Commercial to Medium Density Residential 2) Rezoning from C, Commercial to R‐3, Medium‐High Density Residence. BACKGROUND INFORMATION Existing Condition The property recently had a single‐family home demolished to prepare for the construction of a duplex. Adjacent Zoning and Land Use The following land uses abut the property: Direction Use Comp Plan District Zoning District North Applebee’s Commercial C‐3 East Las Margarita’s Commercial C‐3 South Small apartment Medium Density Residential R‐3 ‐ Medium\High Density Res. West Small apartment Medium Density Residential C‐3 Planning Commission Memorandum VIII-15 Difference between the Comprehensive Plan future land use and Zoning The Comprehensive Plan serves as a guiding document for future land use for the next 20 years and includes a Future Land Use Map identifying desired land uses. The Zoning Ordinance is the legal mechanism for regulating land use and includes the zoning map which identifies zoning districts and permitted uses. The Future Land Use Map of the Comprehensive Plan is used to guide decisions on rezonings. Public Notification Notification of the meeting was sent to all property owners within 350 feet of the proposed property and newspaper. Staff has not received any questions or comments as of this writing. COMPREHENSIVE PLAN AMENDMENT Request Change the Future Land Use designation of Commercial to Medium Density Residential for the subject property. It is fairly common to see amendments to the future land use designations and rezoning along Vermillion Street. The mostly commercial corridor often requires amendments due to the narrow commercial corridor and close proximity of residential uses. This is a long‐standing development pattern. The owners of Las Margarita’s had at one time planned to extend their parking lot to this property. After they purchased additional property to the south, expansion to the west was no longer necessary. VIII-15 Analysis  The site is no longer intended to be incorporated into a larger commercial project.  The site is too small for a standalone commercial site due to marginal access and visibility.  The site has been cleared of a residential house, which somewhat protected it from being utilized as a standalone commercial use.  The parcel is adjacent to more residential properties than commercial. Vermillion Street Corridor Plan  The Plan doesn’t identify the subject or adjacent parcels as having any unique opportunities for redevelopment.  The Vermillion River District identifies multi‐family and residential uses as appropriate for the district. REZONING Request Rezone property from C, Commercial to R‐3, Medium‐High Density Residence. The actions serve as an amendment to Hastings City Code Chapter 155.01 ‐ Official Zoning Map. VIII-15 155.30 C‐3 Community Regional Commerce 1. Intent. The intent of this chapter in establishing a community‐regional commerce district is in recognition of the existing downtown commercial development and of the need for its future expansions, rehabilitation and redevelopment. 2. Uses Permitted. 1. Commercial establishments including, but not limited to, the following: 1. Retail and service establishments excluding automobile repair; 2. Offices; 3. Entertainment and amusement services; and 4. Lodging services including hotel and motel. 2. Public and semi‐public buildings; 3. Private clubs; 4. Residential dwellings provided they are located above the first floor level; 5. Automobile parking lots; 6. Churches; and 7. Accessory uses incidental to the foregoing principal uses. 3. Uses By Special Permit. 1. Automobile service stations and motor vehicle repair and wash; 2. Small animal clinics, excluding establishments with outside runs and non‐ patient overnight boarding; 3. Towers as regulated by § 155.07; and 4. Residential dwellings on the first floor level provided the dwelling is accessory to a commercial use, less than 50% of the first level floor area and is located in the rear of the building with a separate outside entrance. (Prior Code, § 10.20A) Penalty, see § 10.99 5. Dairies and Creameries 6. Brew Pub 7. Brewery Taproom, provided that a minimum 20 percent of the floor area devoted to use as retail sales and a brewery production and distribution area up to 7,500 square feet. 8. Microdistillery with Cocktail Room, provided that a minimum 20 percent of the floor area is devoted to use as retail sales and a microdistillery production and distribution area up to 7,500 square feet. 9. Conversion of existing building space of no greater than 10,000 s.f. into a restaurant, tavern, or lounge per Section 155.09, Subd. F.6. VIII-15 155.24 R‐3 Medium‐High Density Residence 1. Intent. The intent of this chapter in establishing a moderate high density residential district is in recognition of the growing demand for rental housing in Hastings and of the desire to provide for multi‐family housing upon fairly sizeable tracts of land, thereby allowing increased design flexibility and a more compatible land use development pattern. 2. Uses Permitted. 1. Multiple‐family and single‐family dwellings when part of a PRD; 2. Residential care facility, dependent and semi‐independent, residential senior facility‐independent, dormitories, public and parochial schools and churches, fire stations, professional offices, day care center, library, gift or craft shop and similar uses of a public service nature; 3. Accessory uses incidental to the foregoing principal uses such as private garages and sheds; 4. Home occupations in accordance with § 155.07; 5. Planned residential developments pursuant to § 155.07; and 6. Keeping chickens pursuant to 91.02. 3. Uses By Special Permit. 1. Neighborhood commercial subject to the requirements of § 155.07. (Am. Ord. 501, passed 8‐18‐2003) 2. Towers as regulated by § 155.07. Due to zoning restrictions and size of the subject parcel, a single‐family home, twin home, townhome, or duplex could be built on the property. A duplex is proposed. Analysis  The ¼ acre site is the typical size of a single or two‐family parcel.  The property has historically been used for a residential home.  The property is adjacent to other residential uses zoned R‐3. RECOMMENDATION Approval of the Rezoning is recommended subject to the following conditions: 1) Conformance with the plans submitted with the Planning Commission Staff Report dated April 11, 2022. 2) Approval of the Comprehensive Plan Amendment. ATTACHMENTS  Aerial Map  Photo of the former home on the subject parcel VIII-15 AERIAL MAP Former house, now demolished VIII-15 City Council Memorandum To: Mayor Fasbender and City Council From: Eric Maass, EDFP, Economic Development Coordinator Date: April 12, 2022 Item: Accept Grant: Minnesota Economic Development Foundation – Community Development Internship Scholarship Council Action Requested: Accept a $1,000 grant from the Minnesota Economic Development Foundation (MNEDF). A simple majority is necessary for the requested action. Background Information: Grant funding would assist in funding the 2022 Community Development Internship position. MNEDF is a 501(c)3 private not-profit corporation formed for the purpose of building stronger Minnesota communities through economic development outreach, education, training, and research initiatives. Financial Impact: Funding would help offset the $15,000 allocation to provide an intern. Advisory Commission Discussion: N/A Council Committee Discussion: N/A Attachments: • Award Letter VIII-16 VIII-16 City Council Memorandum To: Mayor Fasbender & City Councilmembers From: John Townsend, Fire Chief Date: April 18th, 2022 Item: Approve Memorandum of Understanding Council Action Requested: Approve Memorandum of understanding with City of Burnsville for station alerting. Background Information: Burnsville received a FEMA grant to install the US Digital Design (USDD) fire station alerting system that can be used regionally. The backbone of the system is installed at the Dakota Communications Center (DCC). This system was placed online in 2015. The system has the ability and capacity to serve stations outside the City of Burnsville, and the City of Burnsville’s End User agreement with USDD authorizes the City of Burnsville to make the system available for use by others on the same dispatch platform. The City of Hastings Fire department has installed, and is utilizing the system. This system was approved and installed as part of the 2021 Budget. Financial Impact: Budgeted item Advisory Commission Discussion: N/A Council Committee Discussion: N/A Council Workshop: Discussed department needs and operations at Council workshops. Attachments: MOU VIII-17 211059v1 Memorandum of Understanding Between City of Burnsville (Burnsville) And City of Hastings (Hastings) This Memorandum of Understanding (MOU) sets forth the terms and understanding between the Cities of Burnsville and Eagan regarding use by the City of Eagan Fire Department of the City of Burnsville’s fire station alerting system. Background Burnsville received a FEMA grant to install the US Digital Design (USDD) fire station alerting system that can be used regionally. The backbone of the system is installed at the Dakota Communications Center (DCC). This system was placed online in 2015. The system has the ability and capacity to serve stations outside the City of Burnsville, and the City of Burnsville’s End User agreement with USDD authorizes the City of Burnsville to make the system available for use by others on the same dispatch platform. Purpose This MOU allows the City of Hastings to use the US Digital Design Fire Station Alerting System. The annual, ongoing, replacement and upgrade cost of the backbone of the system located at the DCC will be shared amongst those departments that are using the system based on the number of fire stations each city has on the system. Each city is solely responsible for all of the costs and maintenance of the station alerting equipment outside of the DCC. The City of Burnsville does not warranty or guarantee the reliability of the USDD fire station alerting system and each city is responsible for having a back-up alerting system that meets their operational needs. Duration This MOU is for “as is” access and may be modified by mutual consent of authorized officials from the cities. This MOU shall become effective upon signature by the authorized officials from each city and will remain in effect until modified or terminated. A one year (365 day) notice shall be provided prior to terminating this MOU. Contact Information City of Hastings Representative: Mary Fasbender Mayor 101 East 4th Street Hastings, MN 55033 City of Burnsville Representative: B.J. Jungmann, Fire Chief 100 Civic Center Parkway Burnsville, MN 55337 ________________________________ _________________________________ City of Hastings Signature: Representative Signature: Mary Fasbender, Mayor B.J. Jungmann, Burnsville Fire Chief _______________ _______________ Date Date VIII-17 City Council Memorandum To: Mayor Fasbender & City Councilmembers From: Chris Jenkins, Parks & Recreation Director Date: April 18, 2022 Item: Mayor’s Monarch Pledge Day Council Action Requested: Authorize Mayor to sign the Mayor’s Monarch Pledge and proclaim April 18th, 2022 as Mayor’s Monarch Pledge Day 2022. Background Information: The Monarch butterfly population has been in decline for a variety of reasons in recent history. Recent population estimates suggest only 100 million butterflies exist today where over 350 million Monarchs used to flutter about. Many communities across the United States and North America have taken action to provide productive Monarch habitat. These efforts are intended to provide food and habitat for both adult Monarchs and their young. Hastings has many opportunities to enhance Monarch habitat both on private and public lands. The City, with parks, trail corridors, and natural areas has an opportunity to take action and educate residents and install / maintain desirable Monarch habitat. Hastings first took the Mayors’ Monarch Pledge in 2017, and continued reporting progress for a few years, it is time to re-pledge and continue tracking actions and progress. Specific actions the City can implement in 2022 include: 1. Issue a proclamation to raise awareness about the decline of the Monarch butterfly and the specie’s need for habitat. 2. Convene City Parks and Public Works department staff and identify opportunities for revised mowing programs and milkweed / native nectar plant planting programs. 3. Convert vacant or underutilized public land to pollinator friendly habitat. The City must commit to implementing a minimum of 3 actions in 2022 to gain recognition as a signatory by the National Wildlife Foundation. I believe we can easily implement the 3 actions listed above in 2022 and look to implement additional actions in future years. As we progress through year one, we may find opportunities to implement additional actions and gain a greater level of recognition. If we are able to reach 8 action implementations, the Mayor and City would be recognized as a member of the “Mayor’s Monarch Pledge Leadership Circle”. VIII-18 In addition to (1) Taking the Pledge, (2) Specifying Actions, and (3) Taking Action, we must also Report Progress. The reporting process is simply reporting progress on a quarterly basis through online survey forms. The reporting process will be handled by the Parks & Recreation Director or designated staff. Financial Impact: Will remain within annual budget allocations. Advisory Commission Discussion: None Council Committee Discussion: None Attachments: • Proclamation - Mayor’s Monarch Pledge Day VIII-18 Declaring April 18th, 2022 as Mayors’ Monarch Pledge Day In the City of Hastings, MN WHEREAS, The monarch butterfly is an iconic North American species whose multigenerational migration and metamorphosis from caterpillar to butterfly has captured the imagination of millions of Americans; and WHEREAS, Both the western and eastern monarch populations have seen significant declines with less than one percent of the western monarch population remaining, while the eastern population has fallen by as much as ninety percent; and WHEREAS, The City of Hastings recognizes that human health ultimately depends on well-functioning ecosystems and that biodiverse regions can better support food production, healthy soil and air quality and can foster healthy connections between humans and wildlife ; and WHEREAS, Cities, towns and counties have a critical role to play to help save the monarch butterfly, and The City if Hastings is striving to become a leader; and Date Mary Fasbender, Mayor WHEREAS, On April, 18th, 2022 I Mayor Mary Fasbender signed the National Wildlife Federation’s Mayors’ Monarch Pledge and have officially committed to taking meaningful action to protect the monarch butterfly; and WHEREAS, The City of Hastings has committed to Issuing this proclamation, declaring April 18th, 2022 as Mayor’s Monarch Pledge Day in the City of Hastings, converting vacant or underutilized public land to pollinator friendly habitat, and engaging Parks and Public Works staff in identifying opportunities to revise and maintain mowing programs and milkweed/native nectar plant planting programs; and WHEREAS, Every resident of The City of Hastings can make a difference for the monarch by planting native milkweed and nectar plants to provide habitat for the monarch and pollinators in locations where people live, work, learn, play and worship; and NOW, THEREFORE BE IT PROCLAIMED that April 18th, 2022 shall be known as “MAYORS’ MONARCH PLEDGE DAY” in the City of Hastings, Minnesota, and encourage all residents to participate in community activities that support and celebrate monarch conservation. Emily King, Deputy City Clerk VIII-18 City Council Memorandum To: Mayor Fasbender & City Council Members From: Ryan Stempski – Public Works Director/City Engineer Date: Aril 13, 2022 Item: Approve Final Payment – 2021 Sanitary Sewer Lining Program COUNCIL ACTION REQUESTED Council is requested to adopt the attached resolution approving final payment to Insituform Technologies USA, LLC on City Project 2021-2, the 2021 Sanitary Sewer Lining Program. BACKGROUND INFORMATION All project work was completed, including punch list items per the Contract Documents. The 1-Year Warranty Period will extend to March 16, 2023. FINANCIAL IMPACT There was one change order on the project. The original contract amount was $272,855.90. Following Change Order #1, the revised contract amount was $292,591.12. The final total construction cost for the project was $296,040.08, which is approximately 1.2% over the contract amount and well within industry standards. Although the project was delivered slightly over the construction contract amount, it was still delivered under the City’s 2021 total project budget amount of $332,000. STAFF RECOMMENDATION Staff is recommending that the City Council adopt the attached resolution approving final payment for the project. ATTACHMENTS ➢ Resolution accepting work and ordering final payment for Project 2021-2, the 2021 Sanitary Sewer Lining Program. VIII-19 CITY OF HASTINGS DAKOTA COUNTY, MINNESOTA RESOLUTION NO. RESOLUTION ACCEPTING WORK AND ORDERING FINAL PAYMENT FOR PROJECT 2021-2, THE 2021 SANITARY SEWER LINING PROGRAM WHEREAS, pursuant to a written contract signed with the City of Hastings on May 3, 2021, Insituform Technologies USA, LLC has satisfactorily completed City Project 2021-2, the 2021 Sanitary Sewer Lining Program. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HASTINGS AS FOLLOWS; that the Clerk and Mayor are hereby directed to issue a proper order for the final payment of $296,040.08 on the above said project for such contracts, taking the contractor receipt in full. ADOPTED BY THE CITY COUNCIL OF HASTINGS, MINNESOTA, THIS 18th DAY OF April, 2022. Ayes: Nays: Mary D. Fasbender, Mayor ATTEST: Kelly Murtaugh, City Clerk SEAL VIII-19 Quantity Unit Price Amount Quantity Amount Quantity Amount Pay Estimate #1 Amount 1 LINING SEWER PIPE 8"LF 4473 $28.80 128,822.40$ 4484 129,139.20$ -$ 4484 129,139.20$ 2 LINING SEWER PIPE 10"LF 511 $26.90 13,745.90$ 511 13,745.90$ -$ 511 13,745.90$ 3 INSTALL CIPP LATERAL CONNECTION ON UP TO 6" SERVICE (5 LF)EA 16 $3,402.00 54,432.00$ 17 57,834.00$ -$ 17 57,834.00$ CO #1 LINING SEWER PIPE 15"LF 1417 $67.46 95,590.82$ 1413 95,320.98$ -$ 1413 95,320.98$ $292,591.12 This Period Total to Date $296,040.08 $296,040.08 COMPLETED This Pay Period Request For Payment Total To Date Date: 3/31/2022 Project: 2021 Sanitary Sewer Lining Program Contractor: Insituform Technologies USA, LLC Request Number: 1 (Final) Payment Period: 2/1/2022 - 3/31/2022 ITEM NO.DESCRIPTION UNIT CONTRACT AMOUNTS Previous Payments SUBTOTALS: PROJECTS: 2021-2 Sanitary Sewer Lining Program $296,040.08 CURRENT PERIODPREVIOUS PAYMENTSTOTAL TO DATE $296,040.08 CONTRACT AMOUNT Hastings Project 2021-2 2021 Sanitary Sewer Lining Program Page 1 of 2 VIII-19 2/1/2022 through 3/31/2022 Pay Estimate Number Period Retainage Payment Totals 1 (Current) (Final)2/1/2022 - 3/31/2022 $296,040.08 $296,040.08 TOTALS TO DATE: $296,040.08 $296,040.08 $296,040.08 $296,040.08 Application for Payment Number: 1 (Final)Contractor: Insituform Technologies USA, LLC ___________________________________________________________________________ Contractor Date ___________________________________________________________________________ Engineer Date ___________________________________________________________________________ Approved by Owner Date Total Completed to Date: Less Retainage: Less Previous Payment: Total Amount Due: 2021 Sanitary Sewer Lining ProgramPayment Summary CITY OF HASTINGS Hastings Project 2021-2 2021 Sanitary Sewer Lining Program Page 2 of 2 4/1/22 4/13/22 VIII-19 City Council Memorandum To: Mayor Fasbender & City Council Members From: Ryan Stempski – Public Works Director/City Engineer Date: April 13, 2022 Item: Authorize WSB & Associates, Inc. Professional Services Agreement for Construction Observation Support Council Action Requested: The Council is requested to authorize the attached Professional Services Agreement with WSB & Associates, Inc. for the purposes of providing construction observation support on Right-of-Way Permit and Development projects. Background Information: WSB & Associates, Inc. has provided a Professional Services Agreement for construction observation services on an as-needed basis at a rate of $106/hour for a variety of Right-of-Way and Development projects, such as Hiawatha Broadband Installation across the City, Heritage Ridge 3rd Addition, and Wallin 19th Addition. The agreement has been reviewed and approved by the City Attorney. Financial Impact: Right-of-Way Permit Fees/Escrows and Development Construction Inspection and Administration Escrows are collected to fund the construction observation and inspection fees for these services, therefore there is no impact on City Budget. Attachments:  WSB Professional Services Agreement VIII-20 Professional Services Agreement 08.01.16 Page 1 WSB & ASSOCIATES, INC. PROFESSIONAL SERVICES AGREEMENT This Professional Services Agreement (the “Agreement”) is made as of the 23rd day of March 2022, by and between City of Hastings with an address of 1225 Progress Drive, Hastings, Minnesota 55033 (“Client”), and WSB & Associates, Inc. dba WSB with offices located at 701 Xenia Avenue South, Suite 300, Minneapolis, Minnesota 55416 (“Consultant”). Client and Consultant, for the consideration enumerated herein, do hereby agree as follows: SECTION 1 / GENERAL CONTRACT TERMS AND CONDITIONS The General Contract Terms and Conditions shall be as set forth in Exhibit A. SECTION 2 / SCOPE OF WORK The scope of work to be performed by Consultant is set forth in Exhibit B. The work and services to be performed hereunder and described in Exhibit B shall be referred to herein and in the General Contract Provisions as the “Project”. SECTION 3 / COMPENSATION The amount, method and timing for payment to the Consultant shall be in accordance with Exhibit C. SECTION 4 / WORK SCHEDULE The preliminary schedule of the work, if required, is set forth in Exhibit B. SECTION 5 / CLIENT RESPONSIBILITIES The client responsibilities are set out in Exhibit F. SECTION 6 / SPECIAL CONDITIONS Special conditions, if any, are as set forth in Exhibit G. SECTION 7 / EXHIBITS The following Exhibits are attached hereto and made a part of this Agreement: X Exhibit A General Contract Provisions X Exhibit B Scope of Work X Exhibit C Compensation X Exhibit D Insurance Schedule Exhibit E Rate Schedule X Exhibit F Client Responsibilities Exhibit G Special Conditions All references to the “Agreement” in this Document and the Exhibits shall mean this Agreement and all of the Exhibits as one integrated Agreement. SECTION 8 / ACCEPTANCE OF AGREEMENT Upon written acceptance of this Agreement by Client, Consultant shall commence the work. The undersigned hereby accept the terms and conditions of this agreement and Consultant is hereby authorized to perform the services described herein. CLIENT: CITY OF HASTINGS CONSULTANT: WSB & ASSOCIATES, INC. dba WSB ADDRESS: 1225 PROGRESS DRIVE ADDRESS: 701 XENIA AVENUE SOUTH HASTINGS, MN 55033 SUITE 300 MINNEAPOLIS, MN 55416 BY: BY: NAME: NAME: TITLE: TITLE: VIII-20 Exhibit A – General Contract Provisions 11.01.16.MN Page 1 WSB & ASSOCIATES, INC. EXHIBIT A GENERAL CONTRACT PROVISIONS ARTICLE 1 – PERFORMANCE OF THE WORK Consultant shall perform the services under this Agreement in accordance with the care and skill ordinarily exercised by members of Consultant’s profession practicing under similar circumstances at the same time and in the same locality. Consultant makes no warranties, express or implied, under this Agreement or otherwise, in connection with its services. ARTICLE 2 – ADDITIONAL SERVICES If the Client requests that the Consultant perform any services which are beyond the scope as set forth in the Agreement, or if changed or unforeseen conditions require the Consultant to perform services outside of the original scope, then, Consultant shall promptly notify the Client of cause and nature of the additional services required. Upon notification, Consultant shall be entitled to an equitable adjustment in both compensation and time to perform. ARTICLE 3 – SCHEDULE Unless specific periods of time or dates for providing services are specified in a separate Exhibit, Consultant’s obligation to render services hereunder will be for a period which may reasonably be required for the completion of said services. The Client agrees that Consultant is not responsible for damages arising directly or indirectly from any delays for causes beyond Consultant’s control. For purposes of this Agreement, such causes include, but are not limited to, strikes or other labor disputes; severe weather disruptions, or other natural disasters or acts of God; fires, riots, war or other emergencies; any action or failure to act in a timely manner by any government agency; actions or failure to act by the Client or the Client’s contractor or consultants; or discovery of any hazardous substance or differing site conditions. If the delays outside of Consultant’s control increase the cost or the time required by Consultant to perform its services in accordance with professional skill and care, then Consultant shall be entitled to a reasonable adjustment in schedule and compensation. ARTICLE 4 – CONSTRUCTION OBSERVATION If requested by Client, Consultant shall visit the project during construction to become familiar with the progress and quality of the contractors’ work and to determine if the work is proceeding, in general, in accordance with plans, specifications or other contract documents prepared by Consultant for the Client. The Client has not retained the Consultant to make detailed inspections or to provide exhaustive or continuous project review and observation services. Consultant neither guarantees the performance of any Contractor retained by Client nor assumes responsibility for any Contractor’s failure to furnish and perform the work in accordance with the construction documents. Client acknowledges Consultant will not direct, supervise or control the work of contractors or their subcontractors, nor shall Consultant have authority over or responsibility for the contractors’ means, methods, or procedures of construction. Consultant’s services do not include review or evaluation of the Client’s, contractor’s or subcontractor’s safety measures, or job site safety. Job Site Safety shall be the sole responsibility of the contractor who is performing the work. For Client-observed projects, the Consultant shall be entitled to rely upon and accept representations of the Client’s observer. If the Client desires more extensive project observation or full-time project representation, the Client shall request such services be provided by the Consultant as an Additional Service. Consultant and Client shall then enter into a Supplemental Agreement detailing the terms and conditions of the requested project observation. ARTICLE 5 – OPINIONS OF PROBABLE COST Opinions, if any, of probable cost, construction cost, financial evaluations, feasibility studies, economic analyses of alternate solutions and utilitarian considerations of operations and maintenance costs, collectively referred to as “Cost Estimates,” provided for are made or to be made on the basis of the Consultant's experience and qualifications and represent the Consultant's best judgment as an experienced and qualified professional design firm. The parties acknowledge, however, that the VIII-20 Exhibit A – General Contract Provisions 11.01.16.MN Page 2 Consultant does not have control over the cost of labor, material, equipment or services furnished by others or over market conditions or contractor's methods of determining their prices, and any evaluation of any facility to be constructed or acquired, or work to be performed must, of necessity, be viewed as simply preliminary. Accordingly, the Consultant and Client agree that the proposals, bids or actual costs may vary from opinions, evaluations or studies submitted by the Consultant and that Consultant assumes no responsibility for the accuracy of opinions of Cost Estimates and Client expressly waives any claims related to the accuracy of opinions of Cost Estimates. If Client wishes greater assurance as to Cost Estimates, Client shall employ an independent cost estimator as part of its Project responsibilities. ARTICLE 6 – REUSE AND DISPOSITION OF INSTRUMENTS OF SERVICE All documents, including reports, drawings, calculations, specifications, CADD materials, computers software or hardware or other work product prepared by Consultant pursuant to this Agreement are Consultant’s Instruments of Service and Consultant retains all ownership interests in Instruments of Service, including copyrights. The Instruments of Service are not intended or represented to be suitable for reuse by the Client or others on extensions of the Project or on any other project. Copies of documents that may be relied upon by Client are limited to the printed copies (also known as hard copies) that are signed or sealed by Consultant. Files in electronic format furnished to Client are only for convenience of Client. Any conclusion or information obtained or derived from such electronic files will be at the user’s sole risk. Consultant makes no representations as to long term compatibility, usability or readability of electronic files. If requested, at the time of completion or termination of the work, the Consultant may make available to the Client the Instruments of Service upon (i) payment of amounts due and owing for work performed and expenses incurred to the date and time of termination, and (ii) fulfillment of the Client’s obligations under this Agreement. Any use or re-use of such Instruments of Service by the Client or others without written consent, verification or adaptation by the Consultant except for the specific purpose intended will be at the Client’s risk and full legal responsibility and Client expressly releases all claims against Consultant arising from re-use of the Instruments of Service without Consultant’s written consent, verification or adaptation. The Client will, to the fullest extent permitted by law, indemnify and hold the Consultant harmless from any claim, liability or cost (including reasonable attorneys' fees, and defense costs) arising or allegedly arising out of any unauthorized reuse or modification of these Instruments of Service by the Client or any person or entity that acquires or obtains the reports, plans and specifications from or through the Client without the written authorization of the Consultant. Under no circumstances shall transfer of Instruments of Service be deemed a sale by Consultant, and Consultant makes no warranties, either expressed or implied, of merchantability and fitness for any particular purpose. Consultant shall be entitled to compensation for any consent, verification or adaption of the Instruments of Service for extensions of the Project or any other project. ARTICLE 7 – PAYMENTS Payment to Consultant shall be on a lump sum or hourly basis as set out in the Agreement. Consultant is entitled to payment of amounts due plus reimbursable expenses. Client will pay the balance stated on the invoice unless Client notifies Consultant in writing of any disputed items within fifteen (15) days from the date of invoice. In the event of any dispute, Client will pay all undisputed amounts in the ordinary course, and the Parties will endeavor to resolve all disputed items. All accounts unpaid after thirty (30) days from the date of original invoice shall be subject to a service charge of 1-1/2% per month, or the maximum amount authorized by law, whichever is less. Consultant reserves the right to retain instruments of service until all invoices are paid in full. Consultant will not be liable for any claims of loss, delay, or damage by Client for reason of withholding services or instruments of service until all invoices are paid in full. Consultant shall be entitled to recover all reasonable costs and disbursements, including reasonable attorney fees, incurred in connection with collecting amounts owed by Client. In addition, Consultant may, after giving seven (7) days’ written notice to Client, suspend services under this Agreement until it receives full payment for all amounts then due for services, expenses and charges. Payment methods, expenses and rates may be more fully described in Exhibit C and Exhibit E. VIII-20 Exhibit A – General Contract Provisions 11.01.16.MN Page 3 ARTICLE 8 – SUBMITTALS AND PAY APPLICATIONS If the Scope of Work includes the Consultant reviewing and certifying the amounts due the Contractor, the Consultant’s certification for payment shall constitute a representation to the Client, that to the best of the Consultant’s knowledge, information and belief, the Work has progressed to the point indicated and that the quality of the Work is in general accordance with the Documents issued by the Consultant. The issuance of a Certificate for Payment shall not be a representation that the Consultant has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Client to substantiate the Contractor’s right to payment, or (4) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. Contractor shall remain exclusively responsible for its Work. If the Scope of Work includes Consultant’s review and approval of submittals from the Contractor, such review shall be for the limited purpose of checking for conformance with the information given and the design concept. The review of submittals is not intended to determine the accuracy of all components, the accuracy of the quantities or dimensions, or the safety procedures, means or methods to be used in construction, and those responsibilities remain exclusively with the Client’s contractor. ARTICLE 9 – HAZARDOUS MATERIALS Notwithstanding the Scope of Services to be provided pursuant to this Agreement, it is understood and agreed that Consultant is not a user, handler, generator, operator, treater, arranger, storer, transporter, or disposer of hazardous or toxic substances, pollutants or contaminants as any of the foregoing items are defined by Federal, State and/or local law, rules or regulations, now existing or hereafter amended, and which may be found or identified on any Project which is undertaken by Consultant. The Client agrees to indemnify Consultant and its officers, subconsultant(s), employees and agents from and against any and all claims, losses, damages, liability and costs, including but not limited to costs of defense, arising out of or in any way connected with, the presence, discharge, release, or escape of hazardous or toxic substances, pollutants or contaminants of any kind, except that this clause shall not apply to such liability as may arise out of Consultant’s sole negligence in the performance of services under this Agreement arising from or relating to hazardous or toxic substances, pollutants, or contaminants specifically identified by the Client and included within Consultant’s services to be provided under this Agreement. ARTICLE 10 – INSURANCE Consultant has procured general and professional liability insurance. On request, Consultant will furnish client with a certificate of insurance detailing the precise nature and type of insurance, along with applicable policy limits. Additional Insurance requirements are listed in Exhibit D. ARTICLE 11 – TERMINATION OR SUSPENSION If Consultant’s services are delayed or suspended in whole or in part by Client, or if Consultant’s services are delayed by actions or inactions of others for more than sixty (60) days through no fault of Consultant, Consultant shall be entitled to either terminate its agreement upon seven (7) days written notice or, at its option, accept an equitable adjustment of rates and amounts of compensation provided for elsewhere in this Agreement to reflect reasonable costs incurred by Consultant in connection with, among other things, such delay or suspension and reactivation and the fact that the time for performance under this Agreement has been revised. This Agreement may be terminated by either party upon seven (7) days written notice should the other party fail substantially to perform in accordance with its terms through no fault of the party initiating the termination. In the event of termination Consultant shall be compensated for services performed prior to termination date, including charges for expenses and equipment costs then due and all termination expenses. This Agreement may be terminated by either party upon thirty (30) days’ written notice without cause. Consultant shall upon termination only be entitled to payment for the work performed up to the Date of termination. In the event of termination, copies of plans, reports, specifications, electronic drawing/data VIII-20 Exhibit A – General Contract Provisions 11.01.16.MN Page 4 files (CADD), field data, notes, and other documents whether written, printed or recorded on any medium whatsoever, finished or unfinished, prepared by the Consultant pursuant to this Agreement and pertaining to the work or to the Project, (hereinafter "Instruments of Service"), shall be made available to the Client upon payment of all amounts due as of the date of termination. All provisions of this Agreement allocating responsibility or liability between the Client and Consultant shall survive the completion of the services hereunder and/or the termination of this Agreement. ARTICLE 12 – INDEMNIFICATION The Consultant agrees to indemnify and hold the Client harmless from any damage, liability or cost to the extent caused by the Consultant’s negligence or willful misconduct. The Client agrees to indemnify and hold the Consultant harmless from any damage, liability or cost to the extent caused by the Client’s negligence or willful misconduct. ARTICLE 13 – WAIVER OF CONSEQUENTIAL DAMAGES The Consultant and Client waive claims against each other for consequential damages arising out of or relating to this contract. This mutual waiver includes damages incurred by the Client for rental expenses, for loss of use, loss of income, lost profit, project delays, financing, business and reputation and for loss of management or employee productivity or of the services of such persons; and (2) Damages incurred by the Consultant for principal office expenses including the compensation for personnel stationed there, for losses of financing, business and reputation and for loss of profit except anticipated profit arising directly from the Work. The Consultant and Client further agree to obtain a similar waiver from each of their contractors, subcontractors or suppliers. ARTICLE 14 – WAIVER OF CLAIMS FOR PERSONAL LIABILITY It is intended by the parties to this Agreement that Consultant’s services shall not subject Consultant’s employees, officers or directors to any personal legal exposure for the risks associated with this Agreement. Therefore, and notwithstanding anything to the contrary contained herein, the Client agrees that as the Client’s sole and exclusive remedy, any claim, demand or suit shall be directed and/or asserted only against Consultant, and not against any of Consultant’s individual employees, officers or directors. ARTICLE 15 – ASSIGNMENT Neither Party to this Agreement shall assign its interest in this agreement, any proceeds due under the Agreement nor any claims that may arise from services or payments due under the Agreement without the written consent of the other Party. Any assignment in violation of this provision shall be null and void. Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Consultant or Client. This Agreement is for the exclusive benefit of Consultant and Client and there are no other intended beneficiaries of this Agreement. ARTICLE 16 – CONFLICT RESOLUTION In an effort to resolve any conflicts that arise during the design or construction of the project or following the completion of the project, the Client and Consultant agree that all disputes between them arising out of or relating to this Agreement shall be submitted to nonbinding mediation as a precondition to any formal legal proceedings. ARTICLE 17 – CONFIDENTIALITY The Consultant agrees to keep confidential and not to disclose to any person or entity, other than the Consultant’s employees, subconsultants and the general contractor and subcontractors, if appropriate, any data and information furnished to the Consultant and marked CONFIDENTIAL by the Client. These provisions shall not apply to information in whatever form that comes into the public domain, nor shall it restrict the Consultant from giving notices required by law or complying with an order to provide information or data when such order is issued by a court, administrative agency or other authority with proper jurisdiction, or if it is reasonably necessary for the Consultant to complete services under the Agreement or defend itself from any suit or claim. VIII-20 Exhibit A – General Contract Provisions 11.01.16.MN Page 5 ARTICLE 18 – AVAILABLE INSURANCE PROCEEDS AND LIMITATION OF LIABILITY Consultant maintains professional liability insurance with a liability limit of not less than $2,000,000 per claim. The Consultant’s total liability to Client shall not exceed the total available insurance policy limits per claim available to Consultant under its professional liability insurance policy. Client hereby agrees that to the fullest extent permitted by law, the Consultant’s total liability to Client for any and all injuries, claims, losses, expenses or damages whatsoever arising out of or in any way related to or arising from this Agreement from any cause or causes including, but not limited to, Consultant’s negligence, errors, omissions, strict liability, breach of contract or breach of warranty (Client’s Claims) shall not exceed the total policy limits available to Consultant under its professional liability insurance policy for settlement or satisfaction of Client’s Claims under the terms and conditions of the Consultant’s professional liability insurance policy applicable hereto. Notwithstanding the language above, Client agrees that with regard to any claim arising from or relating to Consultant’s provision of geotechnical engineering services, construction materials testing, special inspections, and/or environmental engineering services, including but not limited to environmental site assessments, that Consultant’s liability for any claims asserted by or through Client shall be limited to $50,000. Client and Consultant each further agree that neither will be responsible for any incidental, indirect, or consequential damages (including loss of use or loss of profits) sustained by the other, its successors or assigns. This mutual waiver shall apply even if the damages were foreseeable and regardless of the theory of recovery plead or asserted. ARTICLE 19 – CONTROLLING LAW This Agreement is to be governed by the laws of the State of Minnesota. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, including but not limited to claims for negligence or breach of warranty, that is not settled by nonbinding mediation shall be settled by the law of the State of Minnesota. ARTICLE 20 – LOCATION OF UNDERGROUND IMPROVEMENTS Where requested by Client, Consultant will perform customary research to assist Client in locating and identifying subterranean structures or utilities. However, Consultant may reasonably rely on information from the Client and information provided by local utilities related to structures or utilities and will not be liable for damages incurred where Consultant has complied with the standard of care and acted in reliance on that information. The Client agrees to waive all claims and causes of action against the Consultant for claims by Client or its contractors relating to the identification, removal, relocation, or restoration of utilities, or damages to underground improvements resulting from subsurface penetration locations established by the Consultant. VIII-20 Exhibit B – Scope of Services Page 1 WSB & ASSOCIATES, INC. EXHIBIT B SCOPE OF WORK CONSTRUCTION OBSERVATION SERVICES The Client intends to retain Consultant to provide construction observation services for the Client on an as-needed basis for a variety of projects for the Client during the summer of 2022. The Scope of Services are outlined below. ARTICLE B.1 –SCOPE OF SERVICES B.1.1 CONSTRUCTION OBSERVATION SERVICES. B.1.1.1 Completion of daily documentation, including daily diaries, of observations and inspections of contractor work. B.1.1.2 Measurement and tracking of material quantities to assist in the preparation of pay vouchers. B.1.1.3 Coordination of material testing at the defined frequencies and surveying with contractor activities to maintain the progress of work. B.1.1.4 Be on-site at all times while the contractor is completing work and provide detailed inspection of work for verification of compliance with project plans, specifications, and Client standards. B.1.1.5 Attend the pre-construction meeting, weekly meeting, and all other pre-activity meetings. B.1.1.6 Serve as an on-site representative of the Client to address any concerns or questions of adjacent property owners and residents, as well as coordinate access when needed. B.1.1.7 Observe material testing and sampling to ensure testing and sampling are completed following the proper procedures and compliant materials are incorporated into the work. B.1.1.8 Assist in the documentation for materials certification and other materials reports for adherence to funding requirements and project closeout. B.1.1.9 Provide frequent communication with the Client for regular reporting, project updates, and to inform them of any issues or concerns in the field. B.1.1.10 Quickly resolve issues at the field-level to maintain schedule and budget, when appropriate. B.1.1.11 Review contractor Best Management Practices (BMPs) and erosion control for adherence to the project’s Stormwater Pollution Prevention Plan (SWPPP) Permit. B.1.1.12 Prepare a general project punch list and a detailed final punch list upon substantial completion. B.1.1.13 Complete detailed field documentation of completed work to assist in the completion of project as-builts. B.1.1.14 Provide all final documentation necessary to the Client for project closeout and finalization VIII-20 Exhibit C - Compensation Page 1 WSB & ASSOCIATES, INC. EXHIBIT C COMPENSATION CONSTRUCTION OBSERVATION SERVICES The Client shall pay the Consultant for Basic Services rendered on an hourly basis as mutually agreed to and deemed fair and reasonable for the particular work to be performed on an as needed basis. The estimated fee will be determined at the start of the project. . The following represents the compensation terms: ARTICLE C.1 – PROJECT COMPENSATION Compensation for the scope of services as outlined in Exhibit B is $106/hour. The estimated fees will not be exceeded without Client authorization. ARTICLE C.2 – INDEPENDENT CONSULTANTS The cost of services performed by independent consultants or agencies for environmental evaluation, soil testing, laboratory services, or other services will be billed to the Client at the Consultant’s cost with no markup. ARTICLE C.3 – PAYMENT FOR REVISIONS OR OTHER WORK If the Client directs that revisions be made to the plans and specifications following approval of the plans and specifications by the Client or if the City Council directs Consultant to perform other work, the Consultant shall be compensated for the cost of such revisions at the hourly fee. The Consultant shall be given additional compensation when additions consist of enlargement or extension of the project. Additional compensation will be on the same basis as agreed to for the original plans and specifications. ARTICLE C.4 – RECEIPT OF PAYMENT In order to receive payment for services, the Consultant shall submit monthly invoices describing in detail the services performed in accordance with this contract. Separate statements shall be submitted for each project or a detailed breakdown shall be furnished showing the distribution of charges to each project. The Client shall pay Consultant upon receipt of each monthly invoice. For hourly and percentage of construction cost contracts, the personnel who worked on the project shall be included. ARTICLE C.5 – EXPENSES Consultant shall be reimbursed for reasonable expenses related to the scope of services of this contract and/or individual projects. The Consultant shall be reimbursed for the actual cost of the expenses, without markup. Typical expenses include, but are not limited to, the following:  Permit fees  Plan and specification reproduction fees  Costs related to the development of project photos The following shall not be considered reimbursable expenses:  Mileage  Mobile phone usage  Computer equipment time  Preparation and reproduction of common correspondence  Mailing VIII-20 Exhibit D – Insurance Schedule 202103 Page 1 WSB & ASSOCIATES, INC. EXHIBIT D INSURANCE SCHEDULE GENERAL LIABILITY Broker: Marsh & McLennan Agency, LLC Type of Insurance: Commercial General Liability Coverage: General Aggregate $4,000,000 Products-Comp/Ops Aggregate $2,000,000 Personal & Advertising Injury $2,000,000 Each Occurrence $2,000,000 Damage to Rented Premises $100,000 Medical Expenses (Any one person) $25,000 AUTOMOBILE LIABILITY Broker: Marsh & McLennan Agency, LLC Type of Insurance: Any Auto Coverage: Combined Single Limit $2,000,000 UMBRELLA Broker: Marsh & McLennan Agency, LLC Coverage: Each Occurrence/Aggregate $10,000,000 WORKER'S COMPENSATION AND EMPLOYERS' LIABILITY Broker: Marsh & McLennan Agency, LLC Coverage: Statutory Each Accident $ 1,000,000 Disease-Policy Limit $ 1,000,000 Disease-Each Employee $ 1,000,000 PROFESSIONAL LIABILITY Broker: H. Robert Anderson and Associates, Inc. Coverage: Each Claim $ 5,000,000 Annual Aggregate $ 10,000,000 Certificates of Insurance will be provided upon request. VIII-20 Exhibit F – Client Responsibilities 10.30.15 Page 1 WSB & ASSOCIATES, INC. EXHIBIT F CLIENT RESPONSIBILITIES The Client’s responsibilities related to the services to be provided by Consultant are generally as set out below. These responsibilities can be modified through Supplemental Agreements. In order to permit the Consultant to perform the services required under this Agreement, the Client shall, in proper time and sequence and where appropriate to the Project, at no expense to the Consultant: ARTICLE F.1 Provide available information as to its requirements for the Project, including copies of any design and construction standards and comprehensive plans which the Client desires Consultant to follow or incorporate into its work. ARTICLE F.2 Guarantee access to and make all provisions for the Consultant to enter upon public and private lands to enable the Consultant to perform its work under this Agreement. ARTICLE F.3 Provide such legal, accounting and insurance counseling services as may be required for this Project. ARTICLE F.4 Notify the Consultant whenever the Client observes or otherwise becomes aware of any defect in the Project construction or design. ARTICLE F.5 Designate a Client Representative with authority to transmit and receive instructions and information, interpret and define the Client’s policies with respect to services rendered by the Consultant, and authority to make decisions as required for Consultant to complete services required under this Agreement. ARTICLE F.6 Act promptly to approve all pay requests, Supplemental Agreements, or request for information by Consultant as set out below. ARTICLE F.7 Furnish data (and professional interpretations thereof) prepared by or services performed by others, including where applicable, but not limited to, previous reports, core borings, sub-surface explorations, hydrographic and hydrogeologic surveys, laboratory tests and inspection of samples, materials and equipment; appropriate professional interpretations of the foregoing data; environmental assessment and impact statements; property, boundary, easement, right-of-way, topographic and utility surveys; property description; zoning, deed and other land use restrictions; and other special data. ARTICLE F.8 Require all Utilities with facilities in the Client’s Right of Way to Locate and mark said utilities upon request, Relocate and/or protect said utilities as determined necessary to accommodate work of the Project, submit a schedule of the necessary relocation/protection activities to the Client for review and comply with agreed upon schedule. ARTICLE F.9 Review all reports, sketches, drawings, specifications and other documents prepared and presented by the Consultant, obtain advice of legal, accounting and insurance counselors or others as Client deems necessary for such examinations and render in writing decisions pertaining thereto. VIII-20 Exhibit F – Client Responsibilities 10.30.15 Page 2 ARTICLE F.10 Where appropriate, endeavor to identify, remove and/or encapsulate asbestos products or materials or pollutants located in the project area prior to accomplishment by the Consultant of any work on the Project. ARTICLE F.11 Provide record drawings and specifications for all existing physical plants of facilities which are pertinent to the Project. ARTICLE F.12 Provide the foregoing in a manner sufficiently timely so as not to delay the performance by the Consultant of the services in accordance with the Contract Documents. ARTICLE F.13 Consultant shall be entitled to rely on the accuracy and completeness of information or services furnished by the Client or others employed by the Client. Consultant shall endeavor to verify the information provided and shall promptly notify the Client if the Consultant discovers that any information or services furnished by the Client is in error or is inadequate for its purpose. ARTICLE F.14 Client shall bear all costs incidental to compliance with the requirements of this article. VIII-20 City Council Memorandum To: Mayor Fasbender & City Council Members From: Ryan Stempski – Public Works Director/City Engineer Date: April 13, 2022 Item: Contract Award for 2022 Neighborhood Infrastructure Improvements COUNCIL ACTION REQUESTED Council is requested to adopt the attached resolution to award a contract for the 2022 Neighborhood Infrastructure Improvements. BACKGROUND INFORMATION The City received four bids for this project on April 7th. A summary of the bids is listed below. Bidder Total Base Bid Danner Inc. – South St. Paul, MN $3,376,500.17 McNamara Contracting Inc. – Rosemount, MN $3,747,140.96 A-1 Excavating Inc. – Bloomer, WI $3,918,064.02 BCM Construction, Inc. – Fairbault, MN $4,156,163.77 The low bid from Danner Inc. came in 7% under the engineer’s estimate, which was $3,636,323. This bid positions the project to come in within the 2022 budget. POST-BID CONTRACTOR QUALIFICATION REVIEW Contractors who furnished a bid were required to include a completed questionnaire and to submit a variety of company background and experience data to substantiate their ability to perform the work on this project. Contractors’ proposals were also scored using objective criteria for the information being submitted. A score of 10 points being the minimum necessary to be considered qualified to perform the project work. The qualification review for Danner Inc. determined that their proposal score was 11 points, which meets the minimum score necessary to be considered qualified to perform this project. It should also be noted that Danner Inc. has completed a neighborhood project for the City of Hastings in the past (Project 2017-1), which was completed on time, met quality requirements, and was on budget. STAFF RECOMMENDATION Staff is recommending that the City Council move forward in adopting the attached resolution awarding the contract to Danner Inc., in the total base bid amount of $3,376,500.17. IX-01 CITY OF HASTINGS DAKOTA COUNTY, MINNESOTA RESOLUTION NO. RESOLUTION RECEIVING BIDS AND AWARDING CONTRACT FOR PROJECT 2022-1 2022 NEIGHBORHOOD INFRASTRUCTURE IMPROVEMENTS WHEREAS, pursuant to an advertisement for bids for Project 2022-1, the 2022 Neighborhood Infrastructure Improvements project, bids were opened on April 7, 2022 and tabulated according to law, and the following bids were received: Bidder Total Base Bid Danner Inc. – South St. Paul, MN $3,376,500.17 McNamara Contracting Inc. – Rosemount, MN $3,747,140.96 A-1 Excavating Inc. – Bloomer, WI $3,918,064.02 BCM Construction, Inc. – Fairbault, MN $4,156,163.77 and WHEREAS, each bidder was required to submit detailed information regarding their company’s ability to perform said project, and said information was reviewed and scored through the use of objective criteria for the purposes of determining bidder’s ability to perform the project work, and WHEREAS, the lowest bidder, Danner Inc., met the minimum number of points in the bidder’s qualification review to meet the requirements, and WHEREAS, it appears that Danner Inc. is the lowest responsible bidder. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HASTINGS AS FOLLOWS: 1. The Mayor and Clerk are hereby authorized and directed to enter into a contract with Danner Inc. 2. The total amount of the contract is hereby declared to be $3,376,500.17. ADOPTED BY THE CITY COUNCIL OF HASTINGS, MINNESOTA, THIS 18th DAY OF APRIL, 2022. Ayes: Nays: Mary D. Fasbender, Mayor ATTEST: Kelly Murtaugh, City Clerk SEAL IX-01 City Council Memorandum To: Mayor Fasbender & City Councilmembers From: John Hinzman, Community Development Director Date: April 18, 2022 Item: Administrative Citations - City Code Amendments Council Action Requested: Consider 2nd 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. The City Council considered 1st Reading at the April 4, 2022 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(a-g) 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(a-g) 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(a-g) 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(a-g) 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(a-g) 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(a-g) 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(a-g) 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(a-g) 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(a-g) 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(a-g) 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(a-g) 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(a-g) 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(a-g) 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. 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 X-C-01(a-g) 8 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 Code to identify the positions of City employees that will be conducting code enforcement activities, the process for inspections, implementation of Administrative Citations as an enforcement option and a general penalties section. 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(a-g) 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(a-g) 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(a-g) 3 The text amendment adopted by the Hastings City Council on , 20___ modifies the City Code to clarify how inoperative or abandoned motor vehicles will be identified and addressed, including a provision for abatement or administrative citatations. 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(a-g) 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(a-g) 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(a-g) 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(a-g) 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(a-g) 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(a-g) 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(a-g) 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(a-g) 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(a-g) 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(a-g) 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 Code to allow for the designation of Potentially Dangerous Dogs, which will require dog owners to comply with certain constraints and protections when the dogs are in public. 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(a-g) 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(a-g) 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(a-g) 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(a-g) 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(a-g) 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(a-g) 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(a-g) 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(a-g) 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(a-g) 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(a-g) 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(a-g) 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(a-g) 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(a-g) 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 Code to define various types of City Code violations that will be considered public nuisances, including unsheltered storage of unused or discarded items. The amendment also provides a clear process for abating nuisances and assess the costs for the abatement against the property. 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 X-C-01(a-g) 14 Attest: Kelly Murtaugh, City Clerk Published in the _________ on [Date]. X-C-01(a-g) 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(a-g) 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(a-g) 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(a-g) 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(a-g) 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(a-g) 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(a-g) 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(a-g) 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(a-g) 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(a-g) 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(a-g) 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 Code to make it clear that violations of the Property Maintenance Code will be considered public nuisances, subject to abatement or administrative citations. A new provision was added to prohibit off-street parking in all front and side yards (if adjacent to a street) unless parked on concrete or asphalt. 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(a-g) ORDINANCE NO. XXX AN ORDINANCE FOR THE CITY OF HASTINGS, MINNESOTA, REPEALING VARIOUS SECTIONS REGARDING REDUNDANT CRIMINAL PENALTIES AND VIOLATIONS AND RELYING ON STATE LAW AND ADMINISTRATIVE CITATIONS FOR ENFORCEMENT 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 30.10(G) Violations regarding Heritage Preservation Commission provisions shall be repealed. SECTION 2. REPEAL. The Code of the City of Hastings, County of Dakota, State of Minnesota, Section 70.02(J) Violations of Motorized Golf Carts, Four Wheel, Side-by-Side All- Terrain Vehicles, and Utility Task Vehicles on City Streets shall be repealed. SECTION 3. AMENDMENT. The Code of the City of Hastings, County of Dakota, State of Minnesota, Section 70.06(B) Unlawful Acts regarding Exhibition Driving shall be amended as follows: It is a misdemeanor violation for any person to do any exhibition driving on any street, parking lot, or other public or private property, except when an emergency creates necessity for the operation to prevent injury to persons or damage to property; provided, that this section shall not apply to driving on a licensed racetrack with the permission and under the auspices and direction of the licensee, subject to enforcement pursuant to City Code §10.99. SECTION 4. REPEAL. The Code of the City of Hastings, County of Dakota, State of Minnesota, Section 91.02. A.2.h. Violation and Penalty for Keeping of Goats shall be repealed. SECTION 5. 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: 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.” X-C-01(a-g) SECTION 6. AMENDMENT. The Code of the City of Hastings, County of Dakota, State of Minnesota, Section 91.31 Animal Kennels shall be amended as follows: No person, or combination of persons, shall keep or harbor more than 3 cats or dogs or combination thereof in excess of the age of 3 months on any parcel within the City of Hastings without first obtaining an annual kennel license from the City Clerk in accordance with this code. Provided, however, that this section shall not in any way limit or apply to small animal clinics holding a special use permit. as provided for in Ordinance No. 23, Second Series. Violation of this section shall be deemed to be a misdemeanor, and in addition may be enforced by civil proceedings for a restraining order in a court of competent jurisdiction. SECTION 7. 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 8. 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 9. AMENDMENT. The Code of the City of Hastings, County of Dakota, State of Minnesota, Section 95.03(F)Violations of Display of Address Numbers shall be amended as follows: No property owner will be subject to prosecution for violating this section until after 2 written warnings, at least 1 week apart, have been sent to the owner by the city. Thereafter, any violations of this section shall be a petty misdemeanor, or the property owner may be issued an administrative citation pursuant to City Code §10.98. SECTION 10. REPEAL. The Code of the City of Hastings, County of Dakota, State of Minnesota, Section 110.11(U) Violations for pawnbroker regulations shall be repealed. SECTION 11. AMENDMENT. The Code of the City of Hastings, County of Dakota, State of Minnesota, Section 110.15(L) Violations of Lodging Tax shall be amended as follows: Any operator who willfully fails to make a return required by this section or who shall fail to pay the tax, penalty, or interest imposed by this section, or after written demand for payment, or who shall refuse to permit the city to examine the books, records, and papers under the operator’s control, or who shall willfully make an incomplete, false, or fraudulent return, shall be guilty of a misdemeanor.shall be subject to the penalties provided in City Code §10.99. SECTION 12. REPEAL. The Code of the City of Hastings, County of Dakota, State of Minnesota, Section 110.19(E) Violations A Misdemeanor for late payments for licenses shall be repealed. SECTION 13. REPEAL. The Code of the City of Hastings, County of Dakota, State of Minnesota, Section 111.98 Violations regarding Liquor Licenses shall be repealed. X-C-01(a-g) SECTION 14. 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: 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 15. 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 16. 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 17. REPEAL. The Code of the City of Hastings, County of Dakota, State of Minnesota, Section 130.16(E) and (H) Penalty and Violations of Drug Paraphernalia shall be repealed. SECTION 18. REPEAL. The Code of the City of Hastings, County of Dakota, State of Minnesota, Section 130.17(E) Penalty and Enforcement of Sexual Offenders shall be repealed. SECTION 19. 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 20. REPEAL. The Code of the City of Hastings, County of Dakota, State of Minnesota, Section 150.01(D)(1)(f) Violations of Electrical Permits shall be repealed. SECTION 21. REPEAL. The Code of the City of Hastings, County of Dakota, State of Minnesota, Section 151.12(A) Violations of Flood Plain Regulations shall be repealed. SECTION 22. 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 23. 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 24. 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 25. REPEAL. The Code of the City of Hastings, County of Dakota, State of Minnesota, Section 153.02(C) Violations of Shoreland Management Regulations shall be repealed. SECTION 26. REPEAL. The Code of the City of Hastings, County of Dakota, State of Minnesota, Section 153.98 Violations regarding Shoreland Management shall be repealed. X-C-01(a-g) SECTION 27. 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 28. 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. SECTION 29. 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 30. 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 31. 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 Code to remove language that states code violations must result in a misdemeanor citation which will then allow for petty misdemeanor, misdemeanor or administrative penalties be imposed for violations of the City Code. The amendments in no way limit the enforcement of using criminal prosecution because criminal penalties are still allowed by state law. However, with the enactment of administrative citations and abatement, criminal penalties are no longer the only enforcement tool, which is why the limiting language is being removed throughout the Code. SECTION 32. 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(a-g) 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), but not 51.05 (G) $200 City Code §51.05 (G) Water Conservation (lawn sprinkling) $20 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, unless otherwise noted $200 City Code § 95.03 Failure to Display Address Identification Numbers $50 City Code § 150 Construction regulations $200 X-C-01(a-g) 2 City Code §§ 150, 156, 157, 158 Construction regulations involving hazardous conditions $500 City Code §§ 154, 155 All general Zoning or Subdivision Regulation violations $200 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 Code to add fees related to Administrative Citations. 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(a-g)