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Home My WebLink About20220502 - 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, May 2, 2022 7:00 p.m. I. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. ROLL CALL IV. DETERMINATION OF QUORUM V. APPROVAL OF MINUTES Approve Minutes of the City Council regular meeting and workshop meeting on April 18, 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. Special Event Designation – Downtown Business Association (DBA) Music Series 3. Special Event Designation – IDEA Hastings Pride Parade with Temporary Liquor License 4. Special Event Designation – HHS Reunion 5. Special Event Designation – Rivertown Live with Temporary Liquor License 6. Authorize Signature: Dedication of Utility Easement – Public Works Facility (1225 Progress Drive) 7. Authorize Signature: Amendment to Development Agreement – Heritage Ridge 3rd Addition 8. Resolution: Approve Off-Sale Liquor License for Hastings Social, LLC dba Alley Cat Liquor 9. Resolution: Approve Tobacco License for Hastings Social, LLC dba Alley Cat Liquor 10. Declare IT Department Equipment as Excess Property and Authorize Sale or Disposal 11. Resolution: Approve Tent Fireworks Sales License for TNT Fireworks at the Walmart Supercenter #1472 12. Resolution: Authorizing Non-Substantive Modification of Resolution No. 01- 13- 22 13. Resolution: Approve Lawful Gambling Premise Permits for Hastings Hockey Boosters at Me & Julio and Hastings Green Mill 14. Approve Budget Adjustment for 2022 Basketball Court Project 15. Authorize Signature: Minnesota Department of Natural Resources Outdoor Recreation Grant 16. Proclamation: May is Building Safety Month 17. Approve Personnel Policy / Employee Handbook 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 18. Approve Social Media Policy 19. Resolution: Budget Authorization for City Hall Dome / HVAC Project 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. Public Hearing: Sidewalk Café Applications for Hastings Tavern and the Hastings Dairy Store 2. Resolution: Issuance and Sale of GO Bonds, series 2022A 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. 117 22nd Street W – Rosa Castro a. Resolution: Comprehensive Plan Amendment – Change Land Use from Commercial to Medium Residential b. 2nd Reading\Adopt Ordinance: Amend City Code (Rezoning) – C-3 to R-3 – Castro (117 22nd Street W) D. Public Safety E. Administration 1. Appointment of Police Chief 2. Community Investment Fund XI. UNFINISHED BUSINESS XII. NEW BUSINESS XIII. REPORTS FROM CITY COMMITTEES, OFFICERS, COUNCILMEMBERS XIV. ADJOURNMENT Next Regular City Council Meeting: Monday May 16, 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 18, 2022 The City Council of the City of Hastings, Minnesota met in a regular meeting on Monday, April 18, 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, and Vaughan Members Absent: Councilmember Lund 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 New Employee Introductions: Emily King, Deputy City Clerk Nick Kummer, Parkkeeper II Regina Hospital Update, President Helen Strike President Helen Strike introduced Jason Bainbridge, Director of Operations. Ms. Strike thanked everyone for their support throughout the past 2 years with COVID-19. Ms. Strike presented the changes coming forward that United Hospital and Regina Hospital will unite in August of 2022. With this union, Reginal Hospital will become Allina Health United Hospital Hastings Regina Campus. Hastings Regina Campus will continue to be a Catholic hospital and Allina Health will continue to support and maintain their Catholic Stewardship Agreement. Ms. Strike reviewed the benefits of the union; enhancing collaboration, joint billing, and all staff will now become United Hospital employees. Mr. Bainbridge added input on the benefits of the collaboration between the two facilities joining together. Council discussion on the future plans for the campus as they hope for growth. Ms. Strike briefly discussed the benefits they are hoping to see with this union and the growth potential this will have. Mr. Bainbridge shared their collaboration with the Hastings YMCA to use the land across from their property to turn the area into athletic fields. Councilmember Folch thanked them for their presentation and their work on this collaboration. Folch questioned ambulance services and how transports have been difficult for our Fire/EMS staff in the past. Ms. Strike described the changes they have made here in Hastings and the goal to better the process of division of labor. Mayor Fasbender shared her excitement for these changes. Mayor Fasbender asked how sharing of staff will change. Mr. Bainbridge provided insight into how staffing will look after this union. Mr. Bainbridge expanded on their hopeful growth and specialty doctor numbers. Hwy 61 Corridor Study Preview, MNDOT Engineer Bryant Ficek Stempski welcomed the MNDOT and HR Green partners for the Hwy. 61 Study. Bryant Ficek, Engineer/Project Manager, provided an overview of the study and their goals throughout this project. Mr. Ficek expanded on their goals to fully embrace the study and develop the alternatives and vision for the corridor. Tim Thoreen, HR Green provided a background of his work within the City of Hastings with the bridge project. Mr. Thoreen stated they will be using previous study information to help provide additional 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 understanding of the area. Mr. Thoreen presented an overview of the proposed timeline and expressed their expectation to receive significant public engagement. Mr. Thoreen provided a brief presentation on traffic volumes especially truck volumes. He provided additional information regarding pedestrian use and safety along the corridor. Council discussion on the possible future improvements further North and South of Hastings. Councilmember Vaughan asked for references into other projects that were in a corridor. Mr. Ficek ensured he will provide information on both areas of question after doing additional research. Councilmember Folch clarified the first public meeting which is May 18, 2022 at City Hall. Folch questioned if the improvements made on Hwy 316 have increased diversion of heavy truck traffic to Hwy 61. Mr. Thoreen stated the raw data showed a 2/3 split for heavy truck traffic and a 50/50 split for regular traffic. Folch raised concern of truck traffic the intersection of Hwy. 61 and 18th Street. Councilmember Leifeld echoed Councilmember Folch’s concern and shared that residents whom live in the area of Hwy. 61 and 18th Street generally avoid the intersection because of the danger posed with semi-truck traffic. Leifeld expressed the concerns in changes for best practices for pedestrians. Ficek shared their re-thinking for best practices since the focus has shifted from moving traffic to focusing on the safety of pedestrians and bicycles. Councilmember Braucks questioned the study and taking the future developments and changes into account. Ficek stated they do look into the future when conducting studies and come up with guidelines to help them in their study. Mayor Fasbender questioned the traffic data and how the direction of traffic may increase during certain hours. Ficek shared the data was collected in 15-minute bins. Upon evaluation, they will look at specific peak hours. Mr. Thoreen expanded on Ficek’s comments stating that surprisingly the directional traffic flow is more balanced than anticipated. Thoreen stated the directional traffic will have an impact, but the overall trends are what they initially look at. Leifeld spoke about the study being conducted on County Road 46. Leifeld questioned how they look at traffic that may turn off onto other streets that do not stay on Hwy. 61 all throughout town. Leifeld also brought attention to the traffic diverting to Hastings versus using other means North of Hastings. Councilmember Fox clarified the meeting dates and asked how the meetings will evolve. Thoreen provided a breakdown of the meeting timelines and what concepts they are anticipating being able to present and discuss at those times. Mayor Fasbender expressed her gratitude and excitement to the team. Approval of Minutes Mayor Fasbender asked if there were any additions or corrections to the minutes of the regular City Council meeting on April 4, 2022. Minutes were approved as presented. Comments from the Audience Barb Hollenbeck, 212 2nd Street East, SC Toys. Ms. Hollenbeck provided a background of the Rec+Arts+Police program that is on the consent agenda. Ms. Hollenbeck launched the program based on the perceived need for middle school aged programming. Ms. Hollenbeck is taking this opportunity to give back to the community that has continued to support her and SC Toys throughout the years. The program will rotate throughout the City Parks. Ms. Hollenbeck is excited to see this program take off and hope the program will continue to grow. The Community Engagement Officer and HPAAC are some of the partners in the program. Ms. Hollenbeck expressed her appreciation to City Staff for their help in developing this program. Mayor Fasbender expressed her excitement and appreciation for this program. Ms. Hollenbeck announced a renovation project at 209 Sibley Street for Squeaky Wheel Pottery. 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 Consent Agenda 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 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 Councilmember Leifeld motioned to approve as presented, seconded by Councilmember Braucks. 5 Ayes, 0 Nays, 1 Abstain (Fox). Award Contract for Project 2022-1, 2022 Neighborhood Infrastructure Improvements Stempski provided an overview of the bids received for the 2022 Neighborhood Infrastructure Improvements Project. Stempski stated there were four bids received and the proposals were scored using objective criteria. Danner, Inc. was qualified based on point evaluation. Stempski provided background of previous work done by Danner, Inc. stating the company completed the project timely, quality work and were on budget. Stempski recommended the award go to Danner, Inc. No Council discussion Councilmember Folch motioned to approve as presented, seconded by Councilmember Fox. Ayes 6; Nays 0. Sign up to receive automatic notification of Council agendas At ccagenda-subscribe@hastingsmn.gov or by calling 651-480-2350 City Council packets can be viewed in searchable format on the City’s website at http://www.hastingsmn.gov/city-government/city-council/city-council-agendas-and-minutes 2nd Reading and Adoption of City Code Amendments – Administrative Citations Hinzman reviewed the Administrative Citation process to enforce nuisance code violations. Hinzman listed the seven items that are up for adoption. Attorney Land reviewed some of the modest changes to what was presented at the prior meeting which included removing references to misdemeanor and criminal penalties, as well as including the water sprinkling ban. Council discussion on appreciation for the work that went into preparing the administrative citation process as an alternative to the criminal justice system. Councilmember Vaughan requested that each of the administrative citations be clearly communicated to the residents of the City of Hastings. Councilmember Braucks discussed whether there is a systematic way to review existing standards and connect them to newer initiatives when appropriate. Councilmember Folch brought attention to the Mayor’s Monarch Pledge Day. Folch reviewed the action implementations of the Mayor’s Monarch Pledge. Councilmember Fox motioned to approve as presented, seconded by Councilmember Braucks. Ayes 6; Nays 0. Closed Meeting Pursuant to Minn. Stat. 13.D.05 subd. 3(b) for Attorney – Client Privileged Communication Mayor Fasbender presented the closed meeting session. Mayor Fasbender reviewed current announcements. Councilmember Braucks motioned to move into closed session, seconded by Councilmember Vaughan. Ayes 6; Nays 0. Announcements • Spring Clean-up curbside and drop-off options through April 22nd. • Celebrate Earth Day with a self-guided Story Walk of “Ten Pigs” along the Mississippi Riverfront Friday, April 22 to Sunday, April 24. Start at either Levee Park or Jaycee Park. Recommended for families with kids 10 and under. Story Walk is a partnership with Pleasant Hill Library. • On Saturday, April 23, Carpenter Nature Center hosts the Earth Day Birding Festival with bird banding demonstrations, guided birding field trips, and live raptor presentation. $5 per person or $15 with box lunch, lunch requires advanced registration. • 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. Meetings • Heritage Preservation Commission Meeting on Tuesday April 19, 2022 at 7:00 PM • Public Safety Advisory Commission Meeting on Thursday, April 21, 2022 at 6:30 PM • Cancelled - Planning Commission Meeting on Monday April 25, 2022 at 7:00 PM • Administration Committee Meeting on Tuesday April 26, 2022 at 7:30 AM • Public Safety Committee Meeting on Tuesday April 26, 2022 at 5:00 PM • Finance Committee Meeting on Wednesday April 27, 2022 at 5:30 PM • Arts Task Force Meeting on Wednesday April 27, 2022 at 6:00 PM 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 • City Council Regular Meeting on Monday, May 2, 2022 at 7:00 PM Councilmember Leifeld motioned to adjourn the meeting at 9:23 PM, seconded by Councilmember Braucks. Ayes 6; Nays 0. ____________________________ ______________________________ Mary Fasbender, Mayor Kelly Murtaugh, City Clerk Hastings, Minnesota City Council Workshop April 18, 2022 The City Council of the City of Hastings, Minnesota met in a workshop on Monday, April 18, 2022 at 5:30 p.m. in the Community Room at the Hastings City Hall, 101 East 4th Street, Hastings, Minnesota. Members Present: Mayor Fasbender, Councilmembers Braucks, Folch, Fox, Leifeld, Vaughan Members Absent: Councilmember Lund Staff Present: City Administrator Dan Wietecha Assistant City Administrator Kelly Murtaugh Community Development Director John Hinzman Finance Manager Chris Eitemiller Communications Coordinator Dawn Skelly Mayor Fasbender called the workshop to order at 5:35 p.m. and opened the conversation to review progress on the strategic initiatives. Wietecha explained that at two full quarters in, he would like to know how this process is working. The agenda provided a number of questions for councilmembers to reflect on. Eitemiller provided the five-year budget simulation he built as a part of the strategic initiatives. The simulation tool can help identify how a change in staffing, revenue, capital equipment, etc. can carry through the budgeting process and help with projections long term. Council discussion on the recent Finance Committee conversation about the timeline and expense of updating the parks. Discussion on prioritization of capital expenditures and how it helped understanding true priorities. Next, Wietecha explained that diversity, equity and inclusion efforts may be part of the course correction within the initiatives. Two years ago, the City joined Government Alliance on Race and Equity (GARE) to assist in training efforts for Councilmembers and employees. GARE then underwent some restructuring during the COVID years and has delayed training for government entities at this time. The City has expanded recruitment outreach to broader audiences to expand the candidate pools. Additionally, the City is doing an employee engagement survey soon that may offer insight for future training. The Building Remembrance group proposed a Community Investment Fund project to further explore a memorial for the Brown’s Chapel. The City could utilize funds that were set aside for training to support the work around this project. Council discussion on supporting a local group on a project that helps with reconciliation of the past. The project and training through GARE were two different objectives. There is a desire to review policies that create obstacles or identify specific outcomes that are needed. Council discussion about the Brown’s Chapel memorial project may offer a visual representation that helps the community see support from the City and possibly spark further community engagement around this topic. Further discussion on training opportunities and visible action from the City. In addition to training, a general understanding of specific opportunities (for example, signage and ADA website compliance) and a plan to address these is needed. Finally, Skelly presented an overview of key accomplishments and facets of the external strategic communication effort. She has met with a number of city leaders, including Councilmembers. She shared some keywords, vision, and defined key audiences (taxpayers, families, business owners, diverse communities, tourists). Suggestions from the meetings include: improve timeliness of news, help residents/business owners understand how the City works, engage with diverse communities/history, focus on business, promote parks/trails/visitors, issues management/manage reputation, and build communication infrastructure (policies, event recognition, website processes, compliance). Council discussion on the what events should be on a calendar and on Facebook. Criticism has come to the City about focus on downtown and riverfront—but that area is owned by the City. Visitor website owned by the Chamber should be the place where events are encouraged to be placed. Skelly reported several accomplishments: the listening sessions will continue, the City Update is now weekly, Rivertown News is now quarterly, an editorial calendar has been created, improved internal staff/council communications, joint promotion of Tourism and downtown activities, pitching stories on development/housing, engaging DEI through the mural, PD/IDEA partnership, and sharing Thrive posts. Council gave positive feedback on the City Update. Council discussion on how to help groups of businesses in various sectors in town to unite and connect with one another. Mayor Fasbender has met with some of the groups in various areas of the City, so some of the conversation is starting. General feedback is that the report is appropriate and good for consent agenda. Helpful to get advance information and provide a more thorough understanding of some topics. Report can come off consent or could also be part of other conversations with the City Administrator or staff. ADJOURNMENT The workshop adjourned at 6:54 p.m. ____________________________ ______________________________ Mary D. Fasbender, Mayor Kelly Murtaugh, City Clerk City Council Memorandum To: Mayor Fasbender & City Council Members From: Connie Lang – Accountant Date: 04/28/2022 Item: Disbursements Council Action Requested: Staff requests: Council review of March 2022 CC payments. Council review of weekly routine disbursements issued 04/26/2022. Council approval of routine disbursements, capital purchases and employee reimbursements to be issued 05/03/2022. 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 CC Payments $ 22,448.73 Disbursement checks, EFT, Hedra issued on 04/26/2022 $ 312,211.62 Disbursement checks, EFT, Hedra to be issued on 05/03/2022 $ 205,097.99 Advisory Commission Discussion: N/A Council Committee Discussion: N/A Attachments: ● Council Reports VIII-01 03/22/2022 Tst Froth And Cork2 130.71 101-102-1021-6450 Dakota County Mayors and Managers Meeting 3/18/22 03/21/2022 Subway 17201 68.80 101-102-1021-6450 City Council Workshop 3/21/2022 03/08/2022 Subway 17201 101.51 101-102-1021-6450 City Council Workshop 3/7/2022 03/22/2022 Vzwrlss My Vz Vb P 35.01 101-105-1051-6321 Verizon Air Cards 02/26/2022 Vzwrlss My Vz Vb P 35.01 101-105-1051-6321 Verizon Air Cards 03/18/2022 Pioneer Press Circ 12.00 101-107-1061-6433 Monthly Pioneer Press subscription invoice 03/15/2022 Minnesota Assoc Of Gov 85.00 101-107-1061-6433 Annual professional development membership fee for Minnesota Association of Government Communicators 03/22/2022 Vzwrlss My Vz Vb P 35.03 101-107-1071-6321 Verizon Air Cards 02/26/2022 Vzwrlss My Vz Vb P 35.01 101-107-1071-6321 Verizon Air Cards 03/23/2022 Vzwrlss My Vz Vb P 41.22 101-140-1401-6321 Verizon Cell Phones 02/26/2022 Vzwrlss My Vz Vb P 41.22 101-140-1401-6321 Cell Phones 03/23/2022 Vzwrlss My Vz Vb P 82.44 101-150-1501-6321 Verizon Cell Phones 02/26/2022 Vzwrlss My Vz Vb P 82.44 101-150-1501-6321 Cell Phones 03/04/2022 American Planning Asso 25.00 101-150-1501-6323 APA Conference Registration - Hinzman 02/25/2022 Allianz Travel Ins 27.00 101-150-1501-6325 Airline Travel Insurance - APA Conference Flight - Hinzman 02/25/2022 Delta 00623013002113 357.20 101-150-1501-6325 APA Conference Flight - Hinzman 03/18/2022 Dropbox Fsyvkr7y9gxc 199.00 101-160-1061-6310 Annual Dropbox fee for City photo and document sharing 03/13/2022 Eig Constantcontact.Co 19.00 101-160-1061-6310 Monthly Constant Contact e-newsletter subscription 03/15/2022 Solarwinds 228.00 101-160-1601-6310 Dameware remote support software 03/23/2022 Vzwrlss My Vz Vb P 46.22 101-160-1601-6321 Verizon Cell Phones 03/22/2022 Vzwrlss My Vz Vb P 40.01 101-160-1601-6321 Verizon Air Cards 02/26/2022 Vzwrlss My Vz Vb P 46.22 101-160-1601-6321 Cell Phones 02/26/2022 Vzwrlss My Vz Vb P 556.80 101-160-1601-6321 Verizon Air Cards03/09/2022 Innovative Office Solu 82.99 101-201-2010-6201 Office Supplies03/15/2022 Trophies Plus Of Hasti 50.00 101-201-2010-6217 Reserve Officer of The Year plaque03/23/2022 Vzwrlss My Vz Vb P 1,924.00 101-201-2010-6321 Verizon Cell Phones 03/22/2022 Vzwrlss My Vz Vb P 748.87 101-201-2010-6321 Verizon Air Cards 02/26/2022 Vzwrlss My Vz Vb P 1,324.29 101-201-2010-6321 Cell Phones 02/26/2022 Vzwrlss My Vz Vb P 749.03 101-201-2010-6321 Verizon Air Cards 03/01/2022 Usps Po 2642300046 246.76 101-201-2010-6322 4 rolls stamps for records/Forfeiture cert mail 22-377/Forfeiture cert. mail 22-376 03/24/2022 St Cloud Parking Syste 3.00 101-201-2010-6323 Parking for MCFOA Conference - St. Cloud - Wilske 03/18/2022 Best Western St Cloud 113.75 101-201-2010-6323 Hotel - Training in St. Cloud - Ofc. Willers 03/15/2022 Iacp 425.00 101-201-2010-6323 IACP Conference 03/15/2022 Iacp 425.00 101-201-2010-6323 IACP Conference 2022 - Wilske 03/14/2022 Bca Training Education 175.00 101-201-2010-6323 CANAM Conference - Ofc. Latsch 03/03/2022 Minnesota Chiefs Of Po 510.00 101-201-2010-6323 Annual MN Chiefs of Police Conference 03/03/2022 360 Communities 90.00 101-201-2010-6323 360 Communities Domestic Abuse Luncheon 02/27/2022 Bca Training Education 75.00 101-201-2010-6323 BCA DMT Recertification - Ofc. Jacobson 03/07/2022 City Of Cottage Grove -200.00 101-201-2019-6230 The $200 rental fee for 5/23/22 was refunded by mistake. On 3/31/22 I paid the $200 fee again. 03/04/2022 City Of Cottage Grove 250.00 101-201-2019-6230 40mm range rental fee for 3/23/2022 and 5/23/2022 03/13/2022 Uspca 70.00 101-201-2219-6231 USPCA Narc Trail Fee 2022 03/09/2022 Petsmart #3221 81.99 101-201-2219-6231 dog food purchase from pet smart in Cottage Grove 03/10/2022 Department Of Labor An 1,553.85 101-230-2301-2015 February Bldg Permit Surcharge 02/25/2022 Department Of Labor An 540.07 101-230-2301-2015 Bldg Permit Surcharge 03/09/2022 Menards Cottage Grove 119.14 101-230-2301-6201 materials for office 03/22/2022 Vzwrlss My Vz Vb P 145.04 101-230-2301-6321 Verizon Air Cards 02/26/2022 Vzwrlss My Vz Vb P 145.04 101-230-2301-6321 Verizon Air Cards 03/16/2022 Ab Abebooks.Co Jytovv -65.55 101-230-2301-6323 prof book03/15/2022 Amazon.Com 1n8ww3381 A 95.85 101-230-2301-6323 PROF books03/05/2022 Sugar Lake Lodge 436.76 101-230-2301-6323 Summer conf stay, early payment needed03/01/2022 American Concrete Inst 390.50 101-230-2301-6323 aci prof books 03/01/2022 Concrete Reinforcing S 102.79 101-230-2301-6323 prof books 02/25/2022 American Technical Pub 147.95 101-230-2301-6323 atp prof book 02/25/2022 Ab Abebooks.Co Jytovv 65.55 101-230-2301-6323 prof book 03/24/2022 Department Of Labor An 20.00 101-230-2301-6433 MN DLI License for travis 03/15/2022 Nfpa Natl Fire Protect 9.99 101-230-2301-6433 nfpa monthly 03/01/2022 Smacna 314.70 101-230-2301-6433 smacna prof book 03/23/2022 Vzwrlss My Vz Vb P 31.22 101-300-3100-6321 Verizon Cell Phones 03/22/2022 Vzwrlss My Vz Vb P 35.01 101-300-3100-6321 Verizon Air Cards 02/26/2022 Vzwrlss My Vz Vb P 31.22 101-300-3100-6321 Cell Phones 02/26/2022 Vzwrlss My Vz Vb P 35.01 101-300-3100-6321 Verizon Air Cards 03/22/2022 U Of M Contlearning 215.00 101-300-3100-6323 U of M Erosion Control Training - Cody Mathisen 03/18/2022 Nor Northern Tool 95.79 101-301-3200-6240 ALC Gun & Nozzle 03/23/2022 Vzwrlss My Vz Vb P 32.01 101-301-3200-6321 Verizon Cell Phones 02/26/2022 Vzwrlss My Vz Vb P 32.01 101-301-3200-6321 Cell Phones 03/11/2022 Tennis Sanitation Llc 139.33 101-401-5001-6311 Recycle/garbage 03/02/2022 Menards Cottage Grove 336.00 200-401-4440-6228 construction materials 03/23/2022 Vzwrlss My Vz Vb P 73.23 200-401-4440-6321 Verizon Cell Phones 03/22/2022 Vzwrlss My Vz Vb P 75.02 200-401-4440-6321 Verizon Air Cards 02/26/2022 Vzwrlss My Vz Vb P 73.23 200-401-4440-6321 Cell Phones 02/26/2022 Vzwrlss My Vz Vb P 75.02 200-401-4440-6321 Verizon Air Cards 03/04/2022 Isa 75.67 200-401-4440-6323 isa course for forester 03/03/2022 Minnesota Nursery And 1,100.00 200-401-4440-6323 shade tree course for parks keeper staff03/23/2022 Menards Red Wing Mn 487.91 200-401-4440-6353 Lumber to re-deck equipment trailer03/09/2022 McNeilus Steel Inc 680.06 200-401-4440-6450 steel Credit Card Purchases March 2022 VIII-01 03/23/2022 Hometown Ace Hardware 41.84 200-401-4447-6350 Carbon Monoxide Detercor JMF03/22/2022 In Archer Mechanical, 461.76 200-401-4447-6350 repairs 03/14/2022 Amzn Mktp Us -10.99 200-401-4447-6350 cord for gasboy system at JMF 03/09/2022 Amzn Mktp US 1w0ox2582 16.98 200-401-4447-6350 cord for gasboy 03/09/2022 Cub Foods #1635 19.98 200-401-4460-6450 food for youth impact council meeting 03/10/2022 Whentowork Inc 216.00 201-401-4240-6319 HFAC seasonal software for staff 02/25/2022 Amazon.Com 1i6t237z1 A 102.30 213-210-2100-6211 Cleaning supplies for the station 03/21/2022 Kwik Trip 24900002493 79.02 213-210-2100-6212 Fuel for Staff Vehicle #2 as fuel key did not work correctly 03/22/2022 Wm Supercenter #1472 12.42 213-210-2100-6217 Station vac filter 03/14/2022 Amazon.Com 1z1ps58o0 73.91 213-210-2100-6217 Ideal electrical blue steel fish tape 03/11/2022 Wm Supercenter #1472 198.27 213-210-2100-6217 Station supplies 03/01/2022 In Stpd, Llc Dba Sche 735.00 213-210-2100-6221 Alternator for Engine 2 03/23/2022 Vzwrlss My Vz Vb P 96.03 213-210-2100-6321 Verizon Cell Phones 03/22/2022 Vzwrlss My Vz Vb P 420.12 213-210-2100-6321 Verizon Air Cards 02/26/2022 Vzwrlss My Vz Vb P 96.03 213-210-2100-6321 Cell Phones 02/26/2022 Vzwrlss My Vz Vb P 420.12 213-210-2100-6321 Verizon Air Cards 03/10/2022 Napa Store 3279077 47.12 213-220-2200-6221 Back-up alarm for Medic 2 03/15/2022 J2 Efax Corporate Svc 89.95 213-220-2200-6433 Service fee for faxing EMS reports to receiving hospitals. 03/16/2022 Fireside Social House 691.30 221-201-2021-6450 Reserve Banquet Dinner and Gratuity 03/11/2022 Deed Business And Comm 125.00 407-180-1502-6323 DEED Brownfields and Beyond Conference - Hinzman - Registration Fee 03/11/2022 Deed Business And Comm 3.11 407-180-1502-6323 DEED Brownfields and Beyond Conference - Hinzman - Service Fee 03/23/2022 Vzwrlss My Vz Vb P 73.23 600-300-3300-6321 Verizon Cell Phones 03/22/2022 Vzwrlss My Vz Vb P 215.06 600-300-3300-6321 Verizon Air Cards 03/22/2022 Vzwrlss My Vz Vb P 35.01 600-300-3300-6321 Verizon Air Cards02/26/2022 Vzwrlss My Vz Vb P 73.23 600-300-3300-6321 Cell Phones02/26/2022 Vzwrlss My Vz Vb P 250.07 600-300-3300-6321 Verizon Air Cards03/03/2022 Best Western St Cloud 227.50 600-300-3300-6323 Conference Lodging - Joe Spagnoletti 03/03/2022 Best Western St Cloud 227.50 600-300-3300-6323 Conference Lodging 03/15/2022 Dakota County 125.00 600-300-3300-6357 Dakota County Obstruction Permit 03/13/2022 Amzn Mktp US 1z03p3c22 25.98 601-300-3400-6353 Flash drives 03/23/2022 Lido Designs 141.93 615-401-4103-6217 Railing flanges TOTAL 22,448.73 VIII-01 04-28-2022 09:54 AM Council Report APR 26TH PYMTS, 2022 PAGE: 1 DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_ NON-DEPARTMENTAL GENERAL DELTA DENTAL OF MINNESOTA MAY 22 DENTAL PREMIUM 3,069.87 MAY 22 DENTAL PREMIUM 86.22_ TOTAL: 3,156.09 ADMINISTRATION GENERAL TOSHIBA AMERICA BUSINESS SOLUT PRINTER LEASE 424.99_ TOTAL: 424.99 CITY CLERK GENERAL I/O SOLUTIONS, INC. FIREFIGHTER INVENTORY 266.00 MINNESOTA OCCUPATIONAL HEALTH TESTING 64.00 TESTING 128.00_ TOTAL: 458.00 LEGAL GENERAL CAMPBELL KNUTSON, P.A. MARCH 22 LEGAL FEES 15,217.72_ TOTAL: 15,217.72 FACILITY MANAGEMENT GENERAL MILLER DUNWIDDIE ARCHITECTURE, INC CH ARCH/MECH DESIGN 2,692.84_ TOTAL: 2,692.84 I.T. GENERAL COMCAST CABLE 84.90 DAKOTA COUNTY FINANCIAL SERVICES APR 22 IT SERVER LEASE 250.00_ TOTAL: 334.90 POLICE GENERAL DAKOTA COUNTY TREASURER-AUDITOR 2 RADIO REFUND JAN 22 46.66- FEB 22 RADIO LICENSE FEE 1,656.43 MAR 22 RADIO LICENSE FEE 1,656.43 DAKOTA COUNTY FINANCIAL SERVICES FEB 22 FLEET MAINTENANCE 668.37 MAR 22 FLEET MAINTENANCE 5,714.80 ENTERPRISE FM TRUST CAR LEASES 72.71 CAR LEASES 421.30 CAR LEASES 442.97 CAR LEASES 590.98 CAR LEASES 771.32 CAR LEASES 590.98 SHRED RIGHT SHREDDING 15.00 RIVER BLUFF HUMANE SOCIETY ANIMAL CONTROL 160.00 GUARDIAN SUPPLY LLC HEDRICK UNIFORM 39.99 GUARDIAN FLEET SAFETY, LLC SQUAD BUILD 271.87 SQUAD BULD 2,732.54 SQUAD BUILD 2,942.24 TOSHIBA AMERICA BUSINESS SOLUT PRINTER LEASE 274.69 DAKOTA COUNTY TREAS-AUDITOR FEB 22 FUEL 4,627.75 MARCH 22 FUEL 4,632.37 SOUTH EAST TOWING OF HASTINGS INC APRIL 22 LOT RENT 195.00_ TOTAL: 28,431.08 BUILDING & INSPECTIONS GENERAL DAKOTA COUNTY TREAS-AUDITOR FEB 22 FUEL 277.96 MARCH 22 FUEL 232.57_ TOTAL: 510.53 PUBLIC WORKS GENERAL TOSHIBA AMERICA BUSINESS SOLUT PRINTER LEASE 65.42 DAKOTA COUNTY TREAS-AUDITOR MARCH 22 FUEL 46.43_ TOTAL: 111.85 PUBLIC WORKS STREETS GENERAL ASTLEFORD INTERNATIONAL TRUCK BELT FAN 40.78 NAPA AUTO PARTS BATTERY CABLE 10.06 AIRGAS USA, LLC WELDERS SUPPLIES 186.40 VIII-01 04-28-2022 09:54 AM Council Report APR 26TH PYMTS, 2022 PAGE: 2 DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_ TOSHIBA AMERICA BUSINESS SOLUT PRINTER LEASE 65.40 DAKOTA COUNTY TREAS-AUDITOR FEB 22 FUEL 6,591.03 MARCH 22 FUEL 1,844.83 RIVER COUNTRY COOPERATIVE COOLANT 547.25_ TOTAL: 9,285.75 PARKS & RECREATION GENERAL RECYCLING ASSOCIATION OF MINNESOTA RECYCLING CONFERENCE 375.00 HOFFMAN-MCNAMARA ARBOR DAY TREES 1,899.00_ TOTAL: 2,274.00 NON-DEPARTMENTAL PARKS DELTA DENTAL OF MINNESOTA MAY 22 DENTAL PREMIUM 619.71_ TOTAL: 619.71 PARKS & RECREATION PARKS REINDERS INC. FIELD CHALK 440.00 SCHLOMKA'S PORTABLE RESTROOMS & MOBILE MARCH 22 SERVICES 407.00 HOMETOWN ACE HARDWARE BOLT FOR SWINGS 29.75 PAINTER BATTERIES 50.20 TRAILER REPAIR SUPPLIES 91.08 TRAILER REPAIR SUPPLIES 32.53 ENTERPRISE FM TRUST CAR LEASES 456.05 NAPA AUTO PARTS WINDOW MOTOR DUMP TRUCK 41.96 NICHOLAS S. FOX JULY 21 MUSIC IN THE PARK 300.00 TOSHIBA AMERICA BUSINESS SOLUT PRINTER LEASE 120.42 HASTINGS FORD WINDOW SWITCH - DUMP TRUCK 79.42 NINE EAGLES PROMOTIONS VIAL CLOTHES 282.00 TERRYS HARDWARE, INC. COUPLES AND NIPPLE 7.78_ TOTAL: 2,338.19 NON-DEPARTMENTAL CABLE TV DELTA DENTAL OF MINNESOTA MAY 22 DENTAL PREMIUM 17.68_ TOTAL: 17.68 NON-DEPARTMENTAL FIRE & AMBULANCE DELTA DENTAL OF MINNESOTA MAY 22 DENTAL PREMIUM 878.37_ TOTAL: 878.37 FIRE FIRE & AMBULANCE DAKOTA COUNTY TREASURER-AUDITOR FEB 22 RADIO LICENSE FEE 1,213.16 MAR 22 RADIO LICENSE FEE 1,213.16 TOSHIBA AMERICA BUSINESS SOLUT PRINTER LEASE 152.34 DAKOTA COUNTY TREAS-AUDITOR FEB 22 FUEL 773.58 MARCH 22 FUEL 1,100.44_ TOTAL: 4,452.68 AMBULANCE FIRE & AMBULANCE BLUE CROSS & BLUE SHIELD A15-2431 AMBULANCE REFUND 613.31 DAKOTA COUNTY TREAS-AUDITOR FEB 22 FUEL 1,321.83 MARCH 22 FUEL 1,685.09_ TOTAL: 3,620.23 NON-DEPARTMENTAL LEDUC HISTORIC EST DELTA DENTAL OF MINNESOTA MAY 22 DENTAL PREMIUM 3.27_ TOTAL: 3.27 NON-DEPARTMENTAL HEDRA DELTA DENTAL OF MINNESOTA MAY 22 DENTAL PREMIUM 133.37_ TOTAL: 133.37 ECONOMIC DEVELOPMENT HEDRA MAVO SYSTEMS, INC. HUDSON - SCRAPING DEC-FEB 111,036.53 HUDSON - 1ST FLOOR SCRAPIN 63,163.40_ TOTAL: 174,199.93 VIII-01 04-28-2022 09:54 AM Council Report APR 26TH PYMTS, 2022 PAGE: 3 DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_ NON DEPARTMENTAL PW Cold Storage Bu ISG PW STORAGE BLDG DESIGN 20,557.07 PW STORAGE BLDG DESIGN 3,317.50_ TOTAL: 23,874.57 PUBLIC WORKS 2022 IMPROVEMENTS STANDARD & POOR'S FINANCIAL SVC 2022A ANALYTICAL SERVICES 14,625.00_ TOTAL: 14,625.00 NON-DEPARTMENTAL WATER DELTA DENTAL OF MINNESOTA MAY 22 DENTAL PREMIUM 192.31_ TOTAL: 192.31 PUBLIC WORKS WATER TOSHIBA AMERICA BUSINESS SOLUT PRINTER LEASE 65.42 VAN METER INC LIGHT BULBS 263.70 DAKOTA COUNTY TREAS-AUDITOR FEB 22 FUEL 664.21 MARCH 22 FUEL 897.48 SHERWIN-WILLIAMS PAINT BRUSHES 85.11_ TOTAL: 1,975.92 NON-DEPARTMENTAL WASTEWATER DELTA DENTAL OF MINNESOTA MAY 22 DENTAL PREMIUM 142.36_ TOTAL: 142.36 PUBLIC WORKS WASTEWATER TOSHIBA AMERICA BUSINESS SOLUT PRINTER LEASE 65.42_ TOTAL: 65.42 NON-DEPARTMENTAL STORM WATER UTILIT DELTA DENTAL OF MINNESOTA MAY 22 DENTAL PREMIUM 160.97_ TOTAL: 160.97 PUBLIC WORKS STORM WATER UTILIT QUALITY FLOW SYSTEMS, INC. LABOR, BEARINGS, RINGS, ET 6,485.00_ TOTAL: 6,485.00 NON-DEPARTMENTAL ARENA DELTA DENTAL OF MINNESOTA MAY 22 DENTAL PREMIUM 204.13_ TOTAL: 204.13 PARKS & RECREATION ARENA USS MN V MT LLC MARCH 22 HUBERS SUNSCRIPTI 6,492.11 USS MN VII MT LLC WILDCAT SUNSCRIPTION 1,081.95 TERRYS HARDWARE, INC. PLUMBING PARTS 26.78 VIKING AUTOMATIC SPRINKLER SPRINKLER AIR TEST 850.00_ TOTAL: 8,450.84 NON-DEPARTMENTAL HYDRO ELECTRIC DELTA DENTAL OF MINNESOTA MAY 22 DENTAL PREMIUM 19.00_ TOTAL: 19.00 PUBLIC WORKS HYDRO ELECTRIC USS MN VII MT LLC WILDCAT SUNSCRIPTION 4,851.48 K.R. WEST CO. INC. OIL SAMPLING 392.56_ TOTAL: 5,244.04 MISCELLANEOUS INSURANCE FUND LEAGUE OF MN CITIES INS TRST WC CLAIM 85.79 WC CLAIM 1,225.09_ TOTAL: 1,310.88 NON-DEPARTMENTAL ESCROW - DEV/ENG/T CAMPBELL KNUTSON, P.A. LEGAL SERVICES - TIF DISTR 300.00_ TOTAL: 300.00 VIII-01 04-28-2022 09:54 AM Council Report APR 26TH PYMTS, 2022 PAGE: 4 DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_ =============== FUND TOTALS ================ 101 GENERAL 62,897.75 200 PARKS 2,957.90 205 CABLE TV 17.68 213 FIRE & AMBULANCE 8,951.28 220 LEDUC HISTORIC ESTATE 3.27 407 HEDRA 174,333.30 416 PW Cold Storage Building 23,874.57 482 2022 IMPROVEMENTS 14,625.00 600 WATER 2,168.23 601 WASTEWATER 207.78 603 STORM WATER UTILITY 6,645.97 615 ARENA 8,654.97 620 HYDRO ELECTRIC 5,263.04 705 INSURANCE FUND 1,310.88 807 ESCROW - DEV/ENG/TIF-HRA 300.00 -------------------------------------------- GRAND TOTAL: 312,211.62 -------------------------------------------- TOTAL PAGES: 4 VIII-01 04-28-2022 10:15 AM Council Report MAY 3RD PYMTS, 2022 PAGE: 1 DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_ NON-DEPARTMENTAL GENERAL HASTINGS AREA CHAMBER/COM MARCH 22 LODGING TAX 3,043.62_ TOTAL: 3,043.62 COUNCIL & MAYOR GENERAL CENTURY LINK PHONES 7.87_ TOTAL: 7.87 ADMINISTRATION GENERAL CENTURY LINK PHONES 164.62 CITYGATE ASSOCIATES, LLC FD STUDY 3,777.38_ TOTAL: 3,942.00 CITY CLERK GENERAL CENTURY LINK PHONES 23.62_ TOTAL: 23.62 FINANCE GENERAL CENTURY LINK PHONES 62.97 NIEDERKORN, KIMBERLY QTRLY MILEAGE 115.25_ TOTAL: 178.22 LEGAL GENERAL RATWIK, ROSZAK & MALONEY, P.A. LEGAL SERVICES 4020-0001 M 50.10_ TOTAL: 50.10 FACILITY MANAGEMENT GENERAL GILBERT MECHANICAL CONTRACTORS, INC. MECHANICAL LABOR 4,749.63 CENTURY LINK PHONES 109.52 ECOLAB PEST ELIMINATION DIVISION CS- PEST CONTROL 84.26 ELECTRO WATCHMAN, INC PD YRLY MAINT. CONTRACT 1,928.60_ TOTAL: 6,872.01 COMMUNITY DEVELOPMENT GENERAL CENTURY LINK PHONES 23.62_ TOTAL: 23.62 I.T. GENERAL MARCO INC MITEL PHONE - CHARLIE 602.00 CENTURY LINK PHONES 23.62 CENTURY LINK #612-E10-0514-020 911 88.68_ TOTAL: 714.30 POLICE GENERAL ALLINA HOSPITALS & CLINICS HEARTSAFE PACKAGES X 5 125.00 CENTURY LINK PHONES 180.71 STREICHERS TARGETS 219.94_ TOTAL: 525.65 BUILDING & INSPECTIONS GENERAL CENTURY LINK PHONES 39.36 PHONES 7.87 METRO SALES, INC LARGE FORMAT SCANNING 1,738.80 MISCELLANEOUS V DONOVAN, BRIAN RENTAL LIC REFUND-2216 VER 95.00 HASTINGS VEHICLE REGIS. 2016 FORD EXPLORER 31.00_ TOTAL: 1,912.03 PUBLIC WORKS GENERAL CENTURY LINK PHONES 39.36 NAPA AUTO PARTS BRAKE FLUID 14.98_ TOTAL: 54.34 PUBLIC WORKS STREETS GENERAL ALLINA HOSPITALS & CLINICS HEARTSAFE PACKAGES X 5 125.00 CENTURY LINK PHONES 135.64 SPIN CITY LAUNDROMAT, LLC. LAUNDER RAGS 20.00 LAUNDER RAGS 20.00 LAUNDER RAGS 20.00 AIRGAS USA, LLC WELDING SUPPLIES 82.35 VIII-01 04-28-2022 10:15 AM Council Report MAY 3RD PYMTS, 2022 PAGE: 2 DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_ ANDERSEN, EARL F. SPEED LIMIT SIGNAGE 2,119.15_ TOTAL: 2,522.14 PUBLIC WORKS STR. LIGH GENERAL MIDWEST ELECTRICAL CONSTRUCTION REPAIR LAMPS WESTVIEW DR 220.00 CENTURY LINK LEVEE PARK BROADBAND 142.42_ TOTAL: 362.42 PARKS & RECREATION PARKS JESSE VIALL VIALL - LOW VOLTAGE CERT 150.00 ALLINA HOSPITALS & CLINICS HEARTSAFE PACKAGES X 5 125.00 CENTURY LINK PHONES 219.38 HOMETOWN ACE HARDWARE DRILL BITS 50.71 LASER PEN - SHOP 7.43 NAPA AUTO PARTS EQUIPMENT FILTERS 837.63 VEHICLE FILTERS 321.65 TRUCK FILTER 27.80 PARMAN ENERGY GROUP OIL FOR SHOP 1,759.36 TROPHIES PLUS PARK BENCH SIGNS 80.00 ENTERPRISE FM TRUST TRUCK LEASE BUYOUT 2,544.18 ANDERSEN, EARL F. SIGNS 41.00 BRYAN ROCK PRODUCTS, INC. BALL FIELD MATERIAL 955.08 GRAPHIC DESIGN SUMMER EVENT FLYERS 170.00 HOFFMAN-MCNAMARA MEMORIAL TREE ALONG RIVER 211.90 MISSISSIPPI WELDERS SPPLY PLASMA CUTTER REPAIR 242.50 SHERWIN-WILLIAMS MARKING PAINT 55.74 TERRYS HARDWARE, INC. BOLTS 14.68_ TOTAL: 7,814.04 PARKS & RECREATION AQUATIC CENTER CENTURY LINK PHONES 156.75_ TOTAL: 156.75 CABLE CABLE ACCESS HASTINGS ACCESS CORP. Q1 2022 ACCESS SUPPORT 86,907.37_ TOTAL: 86,907.37 HERITAGE PRESERVATION HERITAGE PRESERVAT CENTURY LINK PHONES 7.87 MOSENG LOCKSMITHING KEYS FOR ROTUNDA DISPLAY 108.52_ TOTAL: 116.39 FIRE FIRE & AMBULANCE IMAGE TREND, INC. VAULT ANNUAL FEE 824.00 JOHN TOWNSEND TOWNSEND - SAFETY BOOTS 22 150.00 CENTURY LINK PHONES 391.88 HOMETOWN ACE HARDWARE FASTENERS BOAT 1 6.88 NAPA AUTO PARTS STAFF VEHICLE #3 BATTERY 139.84 OIL - STAFF VEHICLE #1 6.57 ANCOM COMMUNICATIONS INC. STATION ALERTING 14,169.40 BOYER FORD TRUCKS/DBA ALLIANCE BRSUH TRUCK REPAIR 2,604.74 MN FIRE SERVICE CERT.BRD JENSEN - CERT EXAM / FIRE 120.00 NIEBUR TRACTOR & EQUIPMENT, INC. ROOF SAW SCREW 15.80 TERRYS HARDWARE, INC. FUEL ENGINE #4 48.79 OIL FOR CHAINSAW 5.98 LITHIUM BATTERIES 27.99 BATTERIES 0.80_ TOTAL: 18,512.67 AMBULANCE FIRE & AMBULANCE ALLINA HOSPITALS & CLINICS HEARTSAFE PACKAGES X 5 125.00 DEPARTMENT OF HUMAN SERVICES AMB SUPPLEMENTAL PAYMENT 58,691.00 McKESSON MEDICAL-SURGICAL GOV. SOLUTIO MEDICAL SUPPLIES 167.18 VIII-01 04-28-2022 10:15 AM Council Report MAY 3RD PYMTS, 2022 PAGE: 3 DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_ DANIELS HEALTH HAZ-WASTE COLLECTION 145.98 BOUND TREE MEDICAL LLC MEDICAL SUPPLIES 173.95 LINDE GAS & EQUIPMENT INC. OXYGEN 132.56 OXYGEN 182.02 OXYGEN 190.61 ZOLL MEDICAL CORP MEDICAL SUPPLIES 660.32 MEDICAL SUPPLIES 71.57 MEDICAL SUPPLIES 514.00_ TOTAL: 61,054.19 LEDUC LEDUC HISTORIC EST ALLINA HOSPITALS & CLINICS HEARTSAFE PACKAGES X 5 125.00 DAKOTA COUNTY HISTORICAL SOCIETY 50% OF LEDUC 1ST Q TRUST 5,281.25_ TOTAL: 5,406.25 ECONOMIC DEVELOPMENT HEDRA CENTERPOINT ENERGY 412 VERMILLION ST MAR 18.00_ TOTAL: 18.00 NON-DEPARTMENTAL WATER MISCELLANEOUS V OLSON, LACY 06-197000-01 48.34 MARCY, MARK 08-186000-01 46.52 KOUKOL, JESSICA 12-808000-03 12.79 CARL, MARYCE 15-070000-01 2.13 GREENLAWN UNDERGROUN 29-108310-00 10.30_ TOTAL: 120.08 PUBLIC WORKS WATER HAWKINS INC CHLORINE CYLINDER 10.00 INNOVATIVE OFFICE SOLUTIONS, LLC OFFICE SUPPLIES 82.97 MIDWEST ELECTRICAL CONSTRUCTION WELL #4 HEATER REPAIR 220.00 ROYAL TIRE INC. TIRES 542.56 THOMPSON, BRYCE THOMPSON- WATER LICENSE 23.00 CENTURY LINK PHONES 127.76_ TOTAL: 1,006.29 PUBLIC WORKS WASTEWATER MCES VACTOR PERMIT FEE 425.00 WATER TREATMENT PERMIT FEE 475.00_ TOTAL: 900.00 PARKS & RECREATION ARENA CENTURY LINK PHONES 70.50 W.W. GRAINGER, INC. BOLTS 16.66 SYSCO, MINNESOTA CREDIT 36.29- CONCESSIONS 973.15_ TOTAL: 1,024.02 PUBLIC WORKS HYDRO ELECTRIC MIDWEST ELECTRICAL CONSTRUCTION HYDRO PLANT BATTERY 330.00_ TOTAL: 330.00 NON-DEPARTMENTAL ESCROW - DEV/ENG/T KLM ENGINEERING, INC. TMOBILE W 4TH ST MODIFICAT 1,500.00_ TOTAL: 1,500.00 VIII-01 04-28-2022 10:15 AM Council Report MAY 3RD PYMTS, 2022 PAGE: 4 DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_ =============== FUND TOTALS ================ 101 GENERAL 20,231.94 200 PARKS 7,814.04 201 AQUATIC CENTER 156.75 206 CABLE ACCESS 86,907.37 210 HERITAGE PRESERVATION 116.39 213 FIRE & AMBULANCE 79,566.86 220 LEDUC HISTORIC ESTATE 5,406.25 407 HEDRA 18.00 600 WATER 1,126.37 601 WASTEWATER 900.00 615 ARENA 1,024.02 620 HYDRO ELECTRIC 330.00 807 ESCROW - DEV/ENG/TIF-HRA 1,500.00 -------------------------------------------- GRAND TOTAL: 205,097.99 -------------------------------------------- TOTAL PAGES: 4 VIII-01 City Council Memorandum To: Mayor Fasbender & City Councilmembers From: Paige Marschall Bigler, Recreation Program Specialist Date: May 2, 2022 Item: Special Event Designation Council Action Requested: Designate the Downtown Business Association (DBA) Summer 2022 Downtown Hastings Music Series as a Special Event with the following conditions. Background Information: The Downtown Business Association (DBA) is planning for their Summer 2022 Downtown Music Series. The event dates include the following Fridays: 6/3, 6/17, 7/1, 7/29, 8/12, 8/26, 9/9, 9/23, & 10/7. City staff are supportive of the events with the following conditions: • Street closure of the first block of 2nd Street East between the bridge and Sibley Street; area barricaded in red (reference map) from 4:00 p.m. – 11:00 p.m. for event. • DBA will use their own road barricades and volunteers to set-up and take-down, ensuring both ends of 2nd Street include highly visible and appropriate barricades/signage. • DBA will post ‘No Parking’ signs 24-hrs. prior to the event. Hastings Police will tag/tow any cars in restricted area starting at 4:00 p.m. This is consistent with other major events such as Gobble Gait, Rivertown Days Parade, and Car Shows. • Businesses serving alcohol must provide appropriate signage “No Alcohol Beyond this Point” or similar to discourage open containers off their premise. Businesses should emphasize open container prevention by existing or additional staff. • City and applicant will monitor effectiveness of traffic management plan and impacts. If deficiencies are noted or concerns raised, the City would reserve the right to require the applicant to apply additional traffic management implements in the future. • DBA to provide insurance certificate naming the City as an additional insured. Financial Impact: n/a Advisory Commission Discussion: n/a Council Committee Discussion: n/a Attachments: ▪ DBA Music Series - Special Event Permit Application ▪ DBA Music Series – Event Map VIII-02 SPECIAL EVENT PERMIT APPLICATION ADHERE TO COVID-19 GUIDELINES. The User represents & confirms that all requirements of the City and State of Minnesota related to COVID-19, including, but not limited to, Governor’s Executive Order & State Agency Guidance, have been included in the User’s COVID-19 Preparedness Plan which will be implemented and enforced while using any Facility in accordance this Agreement. User is responsible for monitoring & updating their COVID-19 Preparedness Plan should the requirements of the City or State of Minnesota be altered, updated, or otherwise changed. General Event Information Event Name: Name of Event Coordinator: Home Phone: ( ) Work Phone: ( ) Cell Phone: ( ) E-mail: Mailing Address: Website: On Site Contact Name: On Site Contact Cell Phone: ( ) Date(s) Requested: Date Day of Week Time Total Hours am/pm to am/pm am/pm to am/pm am/pm to am/pm Is this event: Open to the public Private Will this be an annual event? Yes No Has this event been held in another City? Yes No If yes, when was it held and where? ___________________________________________________________________________ Will an admission fee be charged? Yes No Will donations be accepted? Yes No What will proceeds from the event be used for? Anticipated Attendance: Total Per Day Will there be a tent(s) at the event? Yes No If yes, how many and how big? Event Location Information Location of the event (including the starting line, finish line and staging/disbanding areas): List of any City parks/facilities to be used for the event: Number of vehicles expected at the event: Describe where participants will park: /Business Hosting Event: Name of Organization Fundraiser Other: Type of Event (mark all that apply): Downtown Event Race/Run/Walk Concert/Performance VIII-02 If the event will take place on private property, has approval been obtained from the property owner(s)? Yes No Please include a site plan for the event location that show the location of the starting line, finishing line, staging areas, tents, vendors, parking areas, sound amplification equipment and any other areas that will be setup as part of the event. Recycling and Trash are required for collection at all events with waste. Recycling and Trash must follow the Best Management Practices including: paired and labeled containers. Questions? Please contact our City Recycling Coordinator 651-480-6182 Will your event generate waste? If yes, we recommend contacting a Hauler for bins and waste pick-up. Yes No Event Route Information Does the event propose to require the use of any public right of way (crossing or traveling within)? List all public right of way that will be used during the event: City Streets ______________________________________________________________________________________________ ________________________________________________________________________________________________________ Trails/Sidewalks __________________________________________________________________________________________ ________________________________________________________________________________________________________ County Roads ___________________________________________________________________________________________ State Road ___________________________________________________________________________________________ Other Right of Way _______________________________________________________________________________________ Have you received approval for the use of any County or State right-of-way? Yes No Not applicable Please include a detailed map showing the proposed route. The route map must show what roadways, trails and sidewalks will be used and the direction the participants will travel. All street names must be clearly labeled. Event Safety Information Number of volunteers assisting with the event: Will alcohol be served or sold at the event? No Yes (a temporary beer or liquor license is required) Will there be a raffle or other regulated gambling activity at the event? No Will the event include the sale of any food or beverages? No Yes (health department permits are required, please provide a list of your approved food vendors):_____________________________________________________________________________ Yes No (The City of Hastings reserves the right to require street closings) __________________________________________________________________________________________________________ If yes, please describe: _______________________________________________________________________________________ Does the route require the closing or partial closing of any streets, intersections or crossings? Yes No __________________________________________________________________________________________________________ If yes, please summarize: _____________________________________________________________________________________ Is the promoter aware of any problems that may arise during the event? Yes No __________________________________________________________________________________________________________ __________________________________________________________________________________________________________ If yes, please summarize: _____________________________________________________________________________________ Have arrangements been made for emergency medical services? Yes No __________________________________________________________________________________________________________ If yes, please summarize: _____________________________________________________________________________________ Do you have a contingency plan if volunteers don’t show up? Yes No Yes (a temporary gambling permit is required) __________________________________________________________________________________________________________ __________________________________________________________________________________________________________ __________________________________________________________________________________________________________ Will the event include the sale of any products or services? No Yes (please provide a list of your approved event vendors): VIII-02 I have read and agree to all ordinances and rules associated with this special event permit. I certify that the answers are true and correct to the best of my knowledge. _______________________________________________________ ______________________________ Signature Date Please return completed form to Paige Marschall-Bigler at pmarschall@hastingsmn.gov or mail in to Parks Department 920 10th St W, Hastings MN 55033. Call 651-480-6182 with any questions. Date application submitted: _____________________________________________ Date application approved by CC:_________________________________________ Required resources: - Police Reservists:_________________________________________________ - Equipment:______________________________________________________ - City staff:________________________________________________________ Insurance information received:___________________________________________ Licenses/permits obtained:_______________________________________________ __________________________________________________________________________________________________________ __________________________________________________________________________________________________________ Event Signage and Sound Information Please include a route map detailing where all DIRECTIONAL signage will be placed for the event. Please include a map detailing where all signs ADVERTISING the event will be placed. Will any sound amplification equipment be used at the event? Yes No If yes, please describe where in the event area the equipment will be used and what time the equipment will be used: Insurance Information Insurance coverage shall be maintained for the duration of the event with a minimum $1,000,000 combined single limit and a minimum $2,000,000 aggregate limit. If food or non-alcoholic beverages are sold or provided at the event the insurance policy shall also include an endorsement for product liability in an amount not less than $1,000,000. Proof of insurance coverage must be provided at least 5 days prior to the event. OFFICE USE ONLY VIII-02 Key Road blocks/ barricades Suggested detour routes Live music X X VIII-02 City Council Memorandum To: Mayor Fasbender & City Council Members From: Paige Marschall Bigler, Recreation Program Specialist Date: May 2, 2022 Item: Special Event Designation – IDEA Pride Parade & activities Council Action Requested: Designate the Pride Parade and activities coordinated by IDEA on Saturday, June 11th and approve a one day on-sale liquor license as part of the event. Background Information: IDEA is requesting to hold a Pride Parade starting at McNamara Field and finishing at Jaycee Park, along with activities at Jaycee Park on Saturday, June 11, 2022 from 9:00 a.m. – 10:00 p.m. This is a free event and open to the public. IDEA expects 1,000 attendees throughout the day. Activities include: vendors, yard games, small carnival games, music, open mic for stories, face painting, drag queens and other family friendly activities. IDEA held a Pride Parade and activities last summer at Levee Park. City Staff are supportive of the event with the following conditions: • Event organizers will coordinate temporary traffic control on 2nd Street, between Eddy St. and Lock and Dam Road for east and westbound traffic on 2nd Street. • Police reserves may be able to assist with traffic control, if they are available. • Event organizers will post event notification and no parking signs at Jaycee parking lot 24 hours prior to the event. • All vendors must obtain a license from the Deputy City Clerk prior to the event. Applications can be found on our City of Hastings website and submitted to the Deputy City Clerk. • Use of Jaycee Park requires a park rental permit from the Parks Department prior to the event. Rental forms can be found on our City of Hastings website and submitted to the Recreation Programming Specialist. • Portable toilets are recommended to be placed on-site to alleviate over-use of the single portable provided by the Parks Department. • Event organizers are required to work with a hauler for trash and recycling containers on-site. Containers must follow best management practices: paired trash with recycling and labeled. • Tent or additional “structures” used within the park will need to be anchored with weights. • Use of power outlets at Jaycee Park must be coordinated with Parks Department staff prior to the event. • No unauthorized vehicles on City trails or sidewalks. • All event supplies and equipment will be removed by event organizers directly following the end of the event. • Event organizers agree the site will be left in at least the condition it was pre-event. • Any other reasonable conditions as determined by staff to ensure a successful event. VIII-03 • Access to and egress from the alcohol service area(s) must be staffed with security personnel at all times during service hours. Security personnel need not be uniformed but must wear something that identifies them as security. Security personnel may be volunteers of the event. • Security personnel are expected to immediately report to the Hastings Police Department any safety issues, disorderly conduct, or behavior that may affect the safety of the event staff, attendees, or surrounding community. • Identification checks must be made to ensure with the Minnesota alcohol consumption possession statutes. • Wristbands required to verify compliance with age requirements. • Alcoholic beverages are not permitted to leave identified area. • Proof of insurance for the temporary liquor sales must be received by City staff prior to the event. Financial Impact: This event, although requesting designation as a Special Event, will also be subject to a Park Rental Fee in accordance with the City’s fee schedule for exclusive use of areas. • Jaycee Park Rental – Tax Exempt: $40.00 Advisory Commission Discussion: n/a Council Committee Discussion: n/a Attachments: ▪ IDEA Pride Parade - Special Event Permit Application ▪ IDEA Pride Parade – Route ▪ IDEA Pride Parade – Activity Layout ▪ IDEA - Temporary liquor license VIII-03 VIII-03 VIII-03 VIII-03 Pride Parade Route and activities at Jaycee Park VIII-03 VIII-03 VIII-03 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; ATTEST: ________________________________ _________________________________ Kelly Murtaugh, City Clerk Mary D. Fasbender, Mayor CITY OF HASTINGS DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 05 - -22 RESOLUTION APPROVING THE APPLICATION BY IDEA HASTINGS FOR A TEMPORARY ONE-DAY ON-SALE LIQUOR LICENSE WHEREAS, IDEA Hastings: Inclusion, Diversity, & Equality Alliance, submitted a one-day temporary on-sale liquor license application to serve liquor at a Pride Parade event on June 11, 2022 and; WHEREAS, IDEA Hastings 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 IDEA Hastings is approved. Whereupon said resolution was declared duly passed and adopted on the 2nd day of May, 2022. VIII-03 City Council Memorandum To: Mayor Fasbender & City Councilmembers From: Paige Marschall Bigler, Recreation Program Specialist Date: May 2, 2022 Item: Special Event Designation Council Action Requested: Designate the Hastings High School Class of 2002 20th Reunion as a Special Event on June 18th and approve a one day on-sale liquor license as part of their event with the following conditions. Background Information: The Hasting High School Class of 2002 is requesting to hold their 20th Class Reunion at Levee Park on Saturday, June 18th from 3:00 – 10:00 p.m. with an estimated attendance of 150 people. Activities include: check-in area, music, food & beer sales and a photo booth. City staff are supportive of the events with the following conditions: • Event Organizers will work with Hastings City Clerk to ensure all vendors have necessary permits and licensing. • City restroom facilities will remain open but will not be staffed by City personnel. Staff will clean and stock restroom facilities prior to the event. • Access to and egress from the alcohol service area(s) must be staffed with security personnel at all times during service hours. Security personnel need not be uniformed but must wear something that identifies them as security. Security personnel may be volunteers of the event. • Security personnel are expected to immediately report to the Hastings Police Department any safety issues, disorderly conduct, or behavior that may affect the safety of the event staff, attendees, or surrounding community. • Identification checks must be made to ensure with the Minnesota alcohol consumption possession statutes. • Wristbands required to verify compliance with age requirements. • Alcoholic beverages are not permitted to leave identified area. • Proof of insurance for the temporary liquor sales must be received by City staff prior to the event. • No unauthorized vehicles on City trails or sidewalks. • All event supplies and equipment will be removed by event organizers directly following the end of the event. • Event organizers agree the site will be left in at least the condition it was pre-event. VIII-04 • Any other reasonable conditions as determined by staff to ensure a successful event. Financial Impact: n/a Advisory Commission Discussion: n/a Council Committee Discussion: n/a Attachments: ▪ HHS Reunion - Special Event Permit Application ▪ HHS Reunion – Event Map VIII-04 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-04 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)? 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-04 VIII-04 VIII-05 VIII-05 VIII-05 VIII-05 VIII-05 VIII-05 VIII-05 VIII-05 VIII-05 VIII-05 VIII-05 VIII-05 VIII-05 VIII-05 VIII-05 VIII-05 VIII-05 VIII-05 WHEREAS, an application for a temporary on-sale liquor license has been presented; and; ATTEST: ________________________________ _________________________________ Kelly Murtaugh, City Clerk Mary D. Fasbender, Mayor Whereupon said resolution was declared duly passed and adopted on the 2nd day of May, 2022. CITY OF HASTINGS DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 05 - -22 RESOLUTION APPROVING THE APPLICATION BY HASTINGS AREA ROTARY CLUB FOR A TEMPORARY ONE-DAY ON-SALE LIQUOR LICENSE WHEREAS, Hastings Area Rotary Club, submitted a one-day temporary on-sale liquor license application to serve liquor at their Rivertown Live event on September 10, 2022 and; WHEREAS, the Minnesota Alcohol Enforcement Division requires a resolution be passed to approve the request; and; WHEREAS, Hastings Area Rotary Club 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 Hastings Area Rotary Club is approved. VIII-05 City Council Memorandum To: Mayor Fasbender and City Council From: John Hinzman, Community Development Director Date: May 2, 2022 Item: Authorize Signature: Utility Easement - Public Works Facility Council Action Requested: Authorize signature of the attached document granting a public utility easement across a portion of the Public Works campus located at 1225 Progress Drive. Approval would be subject to minor modifications by staff. A simple majority is necessary for action. Background Information: The 30 foot easement will house the sanitary sewer connection to the new public works storage facility. Dedication of the easement is required by the Minnesota Department of Labor and Industry to allow for directional drilling to install the utility. Financial Impact: Directional drilling provides a cost and impact savings to the project. Advisory Commission Discussion: N\A Council Committee Discussion: N\A Attachments: • Utility Easement VIII-06 PERMANENT UTILITY EASEMENT THIS PERMANENT UTILITY EASEMENT (“Easement”) is made, granted and conveyed this ______ day of _________, 2022 (“Effective Date”), by and between the undersigned Landowner (“Landowner”), and the City of Hastings, a Minnesota municipal corporation (“City”), for and in consideration of One and no/100 Dollars ($1.00) and other good and valuable consideration, the receipt whereof is hereby acknowledged. PROPERTY DESCRIPTION The Landowner owns real property in Dakota County, Minnesota, legally described as follows: Lot 2, Block 1, Profile Addition Abstract Property PID: 19-58800-01-020 (“Landowner’s Property”). PERMANENT EASEMENT DESCRIPTION The Landowner does hereby grant and convey unto the City, its successors and assigns, forever the following: A permanent easement for utility purposes and all such purposes ancillary, incident or related thereto (“Permanent Easement”) under, over, across, through and upon that real property legally described on Exhibit A and depicted on Exhibit B (the “Permanent Easement Area”), attached hereto and incorporated herein by reference. The Permanent Easement rights granted herein are forever and shall include, but not be limited to, the construction, maintenance, repair and replacement of any water mains, underground pipes, conduits, culverts, other utilities and mains, and all facilities and improvements ancillary, incident or related thereto, under, over, across, through and upon the Permanent Easement Area. VIII-06 2 The Permanent Easement rights further include, but are not limited to, the right of ingress and egress over the Permanent Easement Area to access the Permanent Easement for the purposes of construction, maintenance, repair and replacement of any water mains, underground pipes, conduits, culverts, other utilities, mains and all facilities and improvements ancillary, incident or related thereto. EXEMPT FROM STATE DEED TAX The rights of the City also include the right of the City, its contractors, agents and servants: (a) To enter upon the Permanent Easement Area at all reasonable times for the purposes of construction, reconstruction, inspection, repair, replacement, grading, sloping, and restoration relating to the purposes of the Permanent Easement; and (b) To maintain the Permanent Easement Area, any City improvements and any underground pipes, conduits or mains, together with the right to excavate and refill ditches or trenches for the location of such pipes, conduits or mains; and (c) To remove from the Permanent Easement Area trees, brush, herbage, aggregate, undergrowth and other obstructions interfering with the location, construction and maintenance of any utility pipes, conduits or mains and to deposit earthen material in and upon the Permanent Easement Area; and (d) To remove or otherwise dispose of all earth or other material excavated from the Permanent Easement Area as the City may deem appropriate. The City shall not be responsible for any costs, expenses, damages, demands, obligations, penalties, attorneys’ fees and losses resulting from any claims, actions, suits, or proceedings based upon a release or threat of release of any hazardous substances, petroleum, pollutants, and contaminants which may have existed on, or which relate to, the Permanent Easement Area or the Landowner’s Property prior to the date hereof. Nothing contained herein shall be deemed a waiver by the City of any governmental immunity defenses, statutory or otherwise. Further, any and all claims brought by Landowner or its successors or assigns, shall be subject to any governmental immunity defenses of the City and the maximum liability limits provided by Minnesota Statutes, Chapter 466. The Landowner, for itself and its successors and assigns, does hereby warrant to and covenant with the City, its successors and assigns, that it is well seized in fee of the Landowner’s Property described above, the Permanent Easement Area described on Exhibit A and depicted on Exhibit B and has good right to grant and convey the Permanent Easement herein to the City. This Easement is binding upon the heirs, successors, executors, administrators and assigns of the parties hereto. This Easement 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-06 3 IN TESTIMONY WHEREOF, the parties have caused this Easement to be executed as of the day and year first above written. 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 on behalf of said municipal corporation by authority of its City Council and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipal corporation. ____________________________________ Notary Public VIII-06 4 LANDOWNER: 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 on behalf of said municipal corporation by authority of its City Council and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipal corporation. ____________________________________ Notary Public 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-06 A-1 EXHIBIT A LEGAL DESCRIPTION OF PERMANENT EASEMENT AREA A 30.00 foot easement for utility purposes, over, under and across that part of Landowner’s Property. The centerline of said easement is described as follows: Commencing at the most northerly corner of said Lot 2; thence South 33 degrees 42 minutes 48 seconds West, assumed bearing, along the northwesterly line of said Lot 2, a distance of 262.02 feet for the point of beginning of the centerline to be described; thence South 31 degrees 55 minutes 11 seconds East, 122.62 feet; thence South 56 degrees 09 minutes 54 seconds East, 10.34 feet and there terminating. The sidelines of said easement are to be prolonged or shortened to terminate on said northwesterly line of said Lot 2. VIII-06 B-1 EXHIBIT B DEPICTION OF PERMANENT EASEMENT AREA VIII-06 1 City Council Memorandum To: Mayor Fasbender and City Council From: John Hinzman, Community Development Director Date: May 2, 2022 Item: Authorize Signature: 1st Amendment to Development Agreement - Heritage Ridge 3rd Addition Council Action Requested: Authorize signature of the attached 1st Amendment to the 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. The amendment allows cash fees and escrows to be made in two separate payments to avoid a potential delay by existing on-site contractors. It also removes the requirement for a Stormwater Management Agreement, which is not necessary in this addition. Approval would be subject to minor modifications by staff. A simple majority is necessary for action. Background Information: The City Council authorized signature of the original agreement on April 18, 2022. Final Plat approval was granted on September 7, 2021 to TC Land, LLC, 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:  1st Amendment to Development Agreement VIII-07 FIRST AMENDMENT TO DEVELOPMENT AGREEMENT THIS FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (this “FIRST AMENDMENT”) is made and entered into on the day of , 2022 (“EFFECTIVE DATE”), 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, the CITY and DEVELOPER entered into a DEVELOPMENT AGREEMENT FOR THE PLAT OF HERITAGE RIDGE 3RD ADDITION dated _________________________, recorded as Document No. _______________ on ________________ in the Dakota County Recorder’s Office (“Development Agreement”), for the real property identified in the DEVELOPMENT AGREEMENT; and WHEREAS, due to labor shortages, the DEVELOPER will be unable to close on financing for the DEVELOPMENT PROJECT; and WHEREAS, the CITY and DEVELOPER do not want to lose a construction season by delaying the DEVELOPMENT PROJECT; and WHEREAS, the DEVELOPMENT PROJECT does not require a Stormwater Management Facilities Agreement; and WHEREAS, the parties desire to amend the DEVELOPMENT AGREEMENT as it relates to when certain financial securities are due to keep the DEVELOPMENT PROJECT moving forward and to remove the Stormwater Management Facilities Agreement requirement. NOW, THEREFORE, in consideration of the mutual promises and covenants of each to the other contained in this FIRST AMENDMENT and other good and valuable consideration, receipt of which is hereby acknowledged, the parties hereto do covenant and agree as follows: 1. Section 15.3 of the DEVELOPMENT AGREEMENT shall be removed and replaced in its entirety as follows: VIII-07 2 15.3. DEVELOPER’S CASH FEES AND ESCROW REQUIREMENTS. DEVELOPER shall pay all cash fees and provide a LOC with the CITY in the amounts on Exhibit C no later than May 3, 2022, except as provided herein. DEVELOPER shall pay the LOC for Site Improvements as follows: an LOC or cash of at least $500,000 no later than May 3, 2022 and the balance of the Site Improvement LOC shall be due no later than June 1, 2022. 2. Exhibit D of the DEVELOPMENT AGREEMENT shall be removed and replaced in its entirety with the attached Exhibit D. 3. Except as provided for above, the terms and provisions of the DEVELOPMENT AGREEMENT shall remain in full force and effect. 4. This FIRST AMENDMENT and all disputes or controversies arising out of or relating to this FIRST AMENDMENT or the transactions contemplated hereby shall be governed by, and construed in accordance with, the internal laws of the State of Minnesota, without regard to the laws of any other jurisdiction that might be applied because of the conflicts of laws principles of the State of Minnesota. 5. Nothing contained herein shall be deemed a waiver by the CITY of any governmental immunity defenses, statutory or otherwise. Further, any and all claims brought by DEVELOPER or its successors or assigns, shall be subject to any governmental immunity defenses of the CITY and the maximum liability limits provided by Minnesota Statutes, Chapter 466. 6. This FIRST AMENDMENT may be executed in two or more counterparts, all of which shall be considered one and the same instrument and shall become effective when one or more counterparts have been signed by the parties and delivered to the other parties. 7. This FIRST AMENDMENT shall not be amended, modified or supplemented, except by a written instrument signed by an authorized representative of each party. [remainder of page intentionally blank] VIII-07 3 IN AGREEMENT, the parties hereto have hereunto set their hands as of the EFFECTIVE DATE. 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-07 4 DEVELOPER: CREATIVE HOME CONSTRUCTION INVESTMENTS LLC By: Nicholas R. Hackworthy Its Manager STATE OF _____________________) ) ss. COUNTY OF ) On this _____ day of _____________, 2022, before me a Notary Public within and for said County, personally appeared Nicholas R. Hackworthy to me personally known, who being by me duly sworn, did say that he is the Manager 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 and said Nicholas R. Hackworthy 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-07 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) 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. b) Park Dedication Fee. DEVELOPER must pay park dedication fees as required in Exhibit C. c) Sewer Interceptor Fees. DEVELOPER must pay sewer interceptor fees as required in Exhibit C. d) Outlot A. DEVELOPER has executed a deed to the Homeowners’ Association for Outlot A for stormwater. 2) CASH, ESCROW AND LOC DEPOSITS. DEVELOPER must pay all cash, LOC and escrow deposits required in this DEVELOPMENT AGREEMENT, pursuant to the dates in Section 15.3 and in the amounts in Exhibit C. 3) 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; f) The following documents have been recorded:  Final Plat  Development Agreement VIII-07 D-2  Deed for Outlot A to the Homeowners’ Association  Homeowners’ Association Declaration establishing responsibility for maintenance of common elements including stormwater basins and landscaping 4) 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. 5) 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. 6) 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. 7) 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. 8) 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-07 City Council Memorandum To: Mayor Fasbender & City Council Members From: Emily King, Deputy City Clerk Date: Item: Financial Impact: N/A Advisory Commission Discussion: N/A Council Committee Discussion: N/A Attachments: • Resolution May 2, 2022 Hastings Social, LLC dba Alley Cat Liquor Off-Sale Intoxicating Liquor License VIII-08 Council Action Requested: Approve the attached resolution allowing Hastings Social, LLC dba Alley Cat Liquor an Off-Sale Intoxicating Liquor License. Background Information: Dao Hoang, of Hastings Social, LLC dba Alley Cat Liquor, submitted an Off-Sale Intoxicating Liquor License application to be able to sell liquor off-sale. The current liquor licenses held by Hastings Social LLC, are On-Sale Intoxicating Liquor and Sunday On-Sale. MN State Statute 340A.406 allows liquor establishments having an On-Sale Intoxicating License to also hold an Off-Sale License. ADOPTED BY THE CITY COUNCIL OF THE CITY OF HASTINGS, MINNESOTA THIS 2ND DAY OF MAY 2022. ATTEST: _______________________________ ______________________________ Kelly Murtaugh, City Clerk Mary D. Fasbender, Mayor VIII-08 CITY OF HASTINGS DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 05 - - 22 RESOLUTION APPROVING THE APPLICATION BY HASTINGS SOCIAL, LLC DBA ALLEY CAT LIQUOR FOR AN OFF-SALE INTOXICATING LIQUOR LICENSE WHEREAS, Dao Hoang, of Hastings Social, LLC dba Alley Cat Liquor, submitted an Off-Sale Intoxicating Liquor License application to be able to sell liquor off-sale; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hastings that the Off-Sale Liquor License for Hastings Social, LLC dba Alley Cat Liquor is approved. City Council Memorandum To: Mayor Fasbender & City Council Members From: Emily King, Deputy City Clerk Date: Item: May 2, 2022 Approve Hastings Social, LLC dba Alley Cat Liquor Application for Tobacco License VIII-09 Council Action Requested: Approve the attached resolution approving Hastings Social, LLC dba Alley Cat Liquor application for a Tobacco License. Background Information: Dao Hoang, of Hastings Social, LLC dba Alley Cat Liquor, submitted a Tobacco License application to be able to sell tobacco products. Financial Impact: N/A Advisory Commission Discussion: N/A Council Committee Discussion: N/A Attachments: • Resolution ADOPTED BY THE CITY COUNCIL OF THE CITY OF HASTINGS, MINNESOTA THIS 2ND DAY OF MAY 2022. ATTEST: _______________________________ ______________________________ Kelly Murtaugh, City Clerk Mary D. Fasbender, Mayor VIII-09 CITY OF HASTINGS DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 05 - - 22 RESOLUTION APPROVING THE APPLICATION BY HASTINGS SOCIAL, LLC DBA ALLEY CAT LIQUOR FOR A TOBACCO LICENSE WHEREAS, Dao Hoang, of Hastings Social, LLC dba Alley Cat Liquor, submitted a Tobacco License application to be able to sell tobacco products; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hastings that the Tobacco License for Hastings Social, LLC dba Alley Cat Liquor is approved. City Council Memorandum To: Mayor Mary Fasbender & City Council Members From: Dave Hokstad, IT Manager Date: May 2, 2022 Item: Declare IT Department Equipment as Excess Property and Authorize Sale or Disposal Council Action Requested: Council is requested to declare the following IT Department Equipment as excess and authorize sale or disposal. Miscellaneous Obsolete PCs and Monitors Obsolete Servers Obsolete Network Equipment Non-Functional PCs, parts, and monitors Obsolete Telephones Background Information: The IT Department wishes to dispose of the above listed items to reduce existing inventory. Financial Impact: Monies that are obtained from sale of items. Advisory Commission Discussion: None Council Committee Discussion: None Attachments: None VIII-10 To: Mayor Fasbender & City Council Members From: Emily King, Deputy City Clerk Date: May 2, 2022 Item: Approve Tent Fireworks Sales License Council Action Requested: Approve the attached resolution approving a Tent Fireworks Sales License at Walmart. Background Information: The City has received and reviewed a Tent Fireworks Sales Application from TNT Fireworks, 4003 Helton Drive, Florence, AL 35630, for sales in the Walmart parking lot with proposed dates of sale from June 20, 2022 through July 5, 2022. Issuance of the licenses are contingent on passing an inspection by the Hastings Fire Inspector. Financial Impact: The associated fees have been paid. Advisory Commission Discussion: N/A Council Committee Discussion: N/A Attachments: • Resolution VIII-11 CITY OF HASTINGS DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 05 - -22 RESOLUTION APPROVING TENT FIREWORKS SALES LICENSE FOR TNT FIREWORKS AT WALMART WHEREAS, TNT Fireworks has submitted an application for Tent Fireworks Sales License in the Walmart parking lot; and WHEREAS, approval and issuance of the licenses are contingent on passing the fire inspection. NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Hastings, that the Tent Fireworks Sales License for TNT Fireworks is approved. ADOPTED BY THE CITY COUNCIL OF THE CITY OF HASTINGS, MINNESOTA THIS 2ND DAY OF MAY 2022. ATTEST: _______________________________ ________________________________ Emily King, Deputy City Clerk Mary D. Fasbender, Mayor VIII-11 City Council Memorandum To: Mayor Fasbender & City Councilmembers From: Assistant City Administrator Kelly Murtaugh Date: May 2, 2022 Item: Non-substantive Modification of Resolution No. 01-13-22 Council Actions Requested: Approve a resolution authorizing a non-substantive modification of Resolution No. 01-13-22. Background Information: Council approved a resolution on January 18, 2022 allowing a Lawful Gambling Premise Permit for Climb Theater, Inc. Upon review, the Gambling Control Board requested a certain condition related to proceeds being used in the City’s trade area be removed from the resolution. Because the language is in ordinance, those conditions do not need to be referenced in the resolution. Financial Impact: NA Committee Discussion: NA Attachments: • Resolution Authorizing Non-Substantive Modification of Resolution No. 01-13-22 VIII-12 CITY OF HASTINGS DAKOTA COUNTY, MINNESOTA A RESOLUTION AUTHORIZING NON-SUBSTANTIVE MODIFICATION OF RESOLUTION NO. 01- 13 -22 WHEREAS, Climb Theater, Inc. applied for a Lawful Gambling Premise Permit; and WHEREAS, at its regularly scheduled council meeting on January 18, 2022, the Hastings City Council considered the Lawful Gambling Premise Permit and voted 7-0 to approve the Lawful Gambling Premise Permit as Resolution No. 01- 13 -22; and WHEREAS, as part of its review of the Lawful Gambling Premise Permit, the Gambling Control Board requested that a certain condition related to proceeds being used in the City’s Trade Area be removed from the Resolution; and WHEREAS, the City requires that gambling expenditures be used in City’s Trade area by ordinance, therefore, the reference in the Resolution is not necessary; and WHEREAS, the deadline to submit a Lawful Gambling Premise Permit to the Gambling Control Board is May 1, 2022; and WHEREAS, in order to comply with the Gambling Control Board’s deadline, the City Clerk removed the verbiage, obtained the necessary signatures on the Resolution and submitted it to the requested party; and WHEREAS, the revised Resolution is attached as Exhibit A. NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Hastings, Minnesota that Resolution No. 01- 13 -22 shall is approved as amended and in the attached Exhibit A. This Resolution is passed and adopted by the City Council of the City of Hastings, Dakota County, Minnesota, this _____, day of _________, 2022. VIII-12 CITY OF HASTINGS By: _____________________________ Mary D. Fasbender, Mayor ATTEST: By: _____________________________ Kelly Murtaugh, City Clerk VIII-12 EXHIBIT A CORRECTED RESOLUTION NO. 01 - 13 - 22 VIII-12 City Council Memorandum To: Mayor Fasbender & City Council Members From: Emily King, Deputy City Clerk Date: May 2, 2022 Item: Approve Lawful Gambling Premise Permits for Hastings Hockey Boosters at Me & Julio and Hastings Green Mill Council Action Requested: Approve the attached resolution approving a Lawful Gambling Premise Permits for Hastings Hockey Boosters at Me & Julio, 350 33rd Street West and Hastings Green Mill, 909 Vermillion Street. Background Information: The Hastings Hockey Boosters have submitted the required application for a Lawful Gambling Premise Permit at Me & Julio and Hastings Green Mill. Financial Impact: N/A Advisory Commission Discussion: N/A Council Committee Discussion: N/A Attachments: • Premise Permit Application • Resolution VIII-13 CITY OF HASTINGS DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 05 - - 22 RESOLUTION APPROVING THE LAWFUL GAMBLING PREMISE PERMIT APPLICATION BY HASTINGS HOCKEY BOOSTERS WHEREAS, Hastings Hockey Boosters have made the application for a Lawful Gambling Premise Permit at Me & Julio, 350 33rd Street West and Hastings Green Mill 909 Vermillion Street; WHEREAS, Hastings Hockey Boosters shall comply with all applicable laws governing lawful gambling. NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Hastings, that the Mayor and City Clerk are authorized and directed to sign this resolution. ADOPTED BY THE CITY COUNCIL OF HASTINGS, MINNESOTA THIS 2ND DAY OF MAY 2022. ATTEST: ______________________________ ________________________________ Kelly Murtaugh, City Clerk Mary D. Fasbender, Mayor VIII-13 VIII-13 VIII-13 VIII-13 VIII-13 VIII-13 Hastings Hockey Boosters Charitable Gaming Policies Fiscal Control Policy- Gambling manager will manage all daily aspects of gaming sites. Manager will file all necessary paperwork with the Minnesota Gambling Control Board. There should be a gaming committee of no less than 3 board members who will oversee the following: 1. Auditing of closed games 2. Reviewing cash shortages 3. Reviewing Cash Deposits 4. Monitoring expenditures and ensuring compliance of lawful purpose rating 5. Reviewing fund losses and internal controls 6. Periodic monitoring of the organization’s permitted premises to detect illegal gambling Gambling manager will report to Board of Directors each month: 1. Verification of end of month inventory 2. Reconciling and verifying profit carryover 3. Verifying monthly and annual reports provided to the Department of Revenue and Gambling Control Board Appropriation of fund derived from gaming- Expenditure of any funds attained through charitable gambling operation will require approval of the Board of Directors. This will be done at any public meeting of the board based on reporting from the Gambling Manager and recommendation from the Treasurer. VIII-13 VIII-13 VIII-13 Hastings Hockey Booster Board of Directors Roster Officers: Name Email Address Term President Curtis Gerrits president@hastingshockey.com 2021- 2023 Vice President Dave Fullerton vicepresident@hastingshockey.com 2022- 2024 Treasurer Kari Erickson treasurer@hastingshockey.com 2022- 2024 Directors Name Email Address Term Director of Hockey Jamie Stevens coaching@hastingshockey.com 2022- 2024 Sectratary Tony Horton secretary@hastingshockey.com 2022- 2024 Director of Operations Jim Zgoda operations@hastingshockey.com 2021- 2023 Charitable Gambling Keith Birken keith.birken@gmail.com 2022- 2024 Bantam/Jr Gold Director Dan Zgoda bantams@hastingshockey.com 2021- 2023 Peewee Director Sean McCabe peewees@hastingshockey.com 2022- 2024 Squirts Director Bob Erickson squirts@hastingshockey.com 2021- 2023 Girls Traveling Director Kristi Woodwick girls-traveling@hastingshockey.com 2021- 2023 Girls In-House Director Vacant girls-inhouse@hastingshockey.com 2022- 2024 Boys In-House Director Matt Dugstad mites@hastingshockey.com 2021- 2023 Learn Hockey Director Brian Meyer minimites@hastingshockey.com 2022- 2024 Volunteer Director Sarah Schneider volunteers@hastingshockey.com 2021- 2023 Director of Revenue Jon Krauth jon.p.krauth@gmail.com 2021- 2023 VIII-13 VIII-13 VIII-13 VIII-13 VIII-13 VIII-13 VIII-13 VIII-13 VIII-13 City Council Memorandum To: Mayor Fasbender & City Councilmembers From: Chris Jenkins, Parks & Recreation Director Date: May 2, 2022 Item: Approve Budget Adjustment for 2022 Basketball Court Project Council Action Requested: Approve budget adjustment to fully fund 2022 Basketball Court Project. Background Information: The 2022 budget approved projects at 5 local basketball courts (Cannon Park, Cari Park, Pioneer Park, Tuttle Park, and Wilson Park). The courts at Wilson and Tuttle Parks can be pressure washed, scrubbed, filled and leveled and then color coated and striped. The courts at Cannon, Cari, and Pioneer Parks need to be fully replaced with new asphalt and then color coated and striped. Staff solicited quotes for the asphalt work from Bituminous Roadways and Pine Bend Paving. Bituminous Roadways is the low quote at $44,500.00 to replace the courts at Cannon, Cari, and Pioneer Park. Staff solicited a quote from Court Surfaces & Repair, Inc. for the cleaning, color coating and striping for all courts, with a total of $25,450.00. Financial Impact: The 2022 budget allocated a total of $59,000.00 for this project. After soliciting quotes for the three replacements, the final cost for this project will be $69,950.00, and staff are requesting a $10,950.00 budget adjustment to accomplish this project in 2022. Funds for this project have been allocated for Park Dedication Funds, staff suggest allocating the additional funds from Park Dedication Funds as well. Advisory Commission Discussion: None. Council Committee Discussion: None Attachments:  Basketball court quotes. VIII-14 VIII-14 To:Contact:HASTINGS PARKS & RECREATION CHRIS JENKINS BASKETBALL COURTSProject Name:Bid Number: Fax:HASTINGS, MN 55033 Address:920 WEST 10TH STREET Phone:(651) 480-6176 Project Location:3 AREAS, HASTINGS Bid Date:4/6/2017 Item Description CANNON PARK 3" Bituminous Pavement Replacement ( 30' X 50' )- Remove Existing Bituminous Surface To Accommodate A 3 Inch Pavement Section. Dispose Of Off Site. - Shape And Compact Existing Aggregate Base. - Furnish And Install A 1.5 Inch (Compacted Thickness) MN/DOT 2360 Type SPNWB330B Bituminous Base Course.- Furnish And Install A MN/DOT 2357 Bituminous Tack Coat. - Furnish And Install A 1.5 Inch (Compacted Thickness) MN/DOT 2360 Type SPWEA330B Bituminous Wearing Course. - Color Coat & Striping By Others. Total Price for above CANNON PARK Items:$9,000.00 CARI PARK 3" Bituminous Pavement Replacement ( 30' X 50' ) - Remove Existing Bituminous Surface To Accommodate A 3 Inch Pavement Section. Dispose Of Off Site. - Shape And Compact Existing Aggregate Base.- Furnish And Install A 1.5 Inch (Compacted Thickness) MN/DOT 2360 Type SPNWB330B Bituminous Base Course. - Furnish And Install A MN/DOT 2357 Bituminous Tack Coat. - Furnish And Install A 1.5 Inch (Compacted Thickness) MN/DOT 2360 Type SPWEA330B Bituminous Wearing Course.- Color Coat & Striping By Others. Total Price for above CARI PARK Items:$9,000.00 PIONEER PARK 3" Bituminous Pavement Replacement ( 84' X 100' ) - Remove Existing Bituminous Surface To Accommodate A 3 Inch Pavement Section. Dispose Of Off Site.- Shape And Compact Existing Aggregate Base. - Furnish And Install A 1.5 Inch (Compacted Thickness) MN/DOT 2360 Type SPNWB330B Bituminous Base Course. - Furnish And Install A MN/DOT 2357 Bituminous Tack Coat.- Furnish And Install A 1.5 Inch (Compacted Thickness) MN/DOT 2360 Type SPWEA330B Bituminous Wearing Course. - Color Coat & Striping By Others. Total Price for above PIONEER PARK Items:$26,500.00 Notes: •All work to be completed in 2022. •Proposed Work Does Not Include: Landscape Restoration, Irrigation Repair/Restoration, Private Utility Locates/Repairs, Sub-soil Corrections,Erosion Control, Towing Charges, Permits and Fees, Multiple Mobilizations, Surveying or any Unforseen Conditions, Guarantee on drainage or ponding of water on lots with less than 1% slope.•For more information:www.bitroads.com • WILSON PARK - HYDROBLAST,CRACKSEAL COLORCOAT & STRIPE •TUTTLE PARK - HYDROBLAST,CRACKSEAL COLORCOAT & STRIPE Payment Terms: This proposal is subject to credit approval and is valid for 15 calendar days, after which time price quotes may be withdrawn without notice.This quote is based on standard AGC subcontract language and shall become a rider to any contract. Payment due upon receipt of invoice. A finance charge of 1 1/2% per month (18% per year) will be charged on any balance over 30 days past invoicedate, unless otherwise agreed upon in writing. https://bitroads.com/About-Us/75th-Anniversary 4/7/2022 10:17:16 AM Page 1 of 2 VIII-14 https://bitroads.com/About-Us/75th-Anniversary ACCEPTED: The above prices, specifications and conditions are satisfactory and are hereby accepted. Buyer: Signature: Date of Acceptance: CONFIRMED: BITUMINOUS ROADWAYS, INC. - MENDOTA HEIGHTS Authorized Signature: Estimator:Brian Johnson (651) 287-6055 johnsonb@bitroads.com 4/7/2022 10:17:16 AM Page 2 of 2 VIII-14 – –– – – Place (1.5”) Place (1.5”) type SPWEA240B bituminous wearing course – Place (1.5”) type SPNWB230B bituminous base course Place (1.5”) type SPWEA240B bituminous wearing course – Place (1.5”) type SPNWB230B bituminous base course Place (1.5”) type SPWEA240B bituminous wearing course T SHALL BE PAID WITHIN 30 DAYS AFTER THE DATE OF CONTRACTOR’S INVOICE. VIII-14 City Council Memorandum To: Mayor Fasbender & City Councilmembers From: Chris Jenkins, Parks & Recreation Director Date: May 2, 2022 Item: Authorize Signature: Minnesota Department of Natural Resources Outdoor Recreation Grant City Council Action Requested: Authorize signature of the attached grant agreement between the City and the State of Minnesota Department of Natural Resources. The $240,000 grant will be used for park redevelopment at Isabel Park. A simple majority vote is required for action. Background Information: Isabel Park was identified in 2020 for redevelopment. A Master Plan was completed, gathering community and neighborhood input, and ultimately a preferred site plan was selected. Staff applied for a DNR Outdoor Recreation Grant for this park redevelopment, and we were recently notified this project was selected for funding. Financial Impact: This is a matching grant. The City’s budget has allocated $240,000.00 for park redevelopment which will be combined with grant funding for a total of $480,000.00 in secured redevelopment funds. Advisory Commission Discussion: N\A Council Commission Discussion: N\A Attachments:  Grant Agreement VIII-15 Grant Contract Agreement template for Competitively awarded, single/sole source, or formula grant process to Municipality FY21: Updated June 2020 1 STATE OF MINNESOTA GRANT CONTRACT AGREEMENT – LW27-01449 This grant contract is between the State of Minnesota, acting through its Commissioner of Natural Resources ("STATE") and City of Hastings (UEI # N3MMRKDL9MN5), 920 West 10th Street, Hastings, MN 55033 ("GRANTEE"). Recitals 1. Under Minn. Stat. 84.026, the commissioner of natural resources is authorized to enter into contractual agreements with any public or private entity for the provision of statutorily prescribed natural resources services by the department. 2. Pursuant to Minn. Stat. 84.0264, the state is empowered to receive and administer grants under the Land and Water Conservation Fund grant program authorized by Congress in the Land and Water Conservation Fund Act of 1965, as amended, and the Local Grants program authorized by the State of Minnesota. Fifty percent of the funds granted under subdivision 1 shall be distributed for projects to be acquired, developed, and maintained by local units of government, providing that any project approved is consistent with a statewide or a county or regional recreational plan and compatible with the statewide recreational plan. All money received by the commissioner for local units of government is appropriated annually to carry out the purposes for which the funds are received. 3. Under the Land and Water Conservation Fund, National Park Service, 15.916, P22AP00385-00 the state received a federal award on 04/13/2022 for City of Hastings: Park redevelopment including picnic shelter, walkways, playground, green space, half basketball court, native planting, connectivity and water access enhancement in Lake Isabel Park. This project is not a research and development project. 4. The Grantee has made application to the State for a portion of the allocation for the purpose of conducting the project entitled Lake Isabel Park. 5. The Grantee represents that it is duly qualified and agrees to perform all services described in this grant contract to the satisfaction of the State. Pursuant to Minn.Stat.16B.98, Subd.1, the Grantee agrees to minimize administrative costs as a condition of this grant. Grant Contract Agreement 1 Term of Grant Contract Agreement 1.1 Effective date: November 22, 2021, Notwithstanding Minnesota Statues, section 16A.41, the Commissioner may make payments for otherwise eligible grant-program expenditures that are made on or after the effective date of the appropriation. No payments will be made to the Grantee until this grant contract is fully executed. 1.2 Expiration date: December 31, 2023, or until all obligations have been satisfactorily fulfilled, whichever occurs first. 1.3 Survival of Terms. The following clauses survive the expiration or cancellation of this grant contract: 8. Liability; 9. State Audits; 10. Government Data Practices and Intellectual Property Rights; 12. Publicity and Endorsement; 13. Governing Law, Jurisdiction, and Venue, 15. Data Disclosure, 24. Land Retention and Deed Restriction and 25. Resource Management and Protection. 2 Grantee’s Duties The Grantee, who is not a state employee, will: VIII-15 Grant Contract Agreement template for Competitively awarded, single/sole source, or formula grant process to Municipality FY21: Updated June 2020 2 Comply with required grants management policies and procedures set forth through Minn. Stat.16B.97 Subd. 4 (a) (1) and comply with Attachment A, Project Budget, which is incorporated and made a part of this contract. The Grantee agrees to complete the project in accordance with the approved budget to the extent practicable and within the project period specified in the grant contract. Any material change in the scope of the project, budget or completion date shall require prior written approval by the State. 3 Time The Grantee must comply with all the time requirements described in this grant contract agreement. In the performance of this grant contract agreement, time is of the essence. 4 Consideration and Payment 4.1 Consideration. The State will pay for all services performed by the Grantee under this grant contract agreement as follows: (a) Compensation The Grantee will be paid for all services performed pursuant to this grant contract not to exceed $240,000.00. (b) Matching Requirement: Grantee certifies that the following matching requirement for the Grant will be met by Grantee. The total project cost is $480,000.00. The Grantee agrees to provide a nonstate match of a least $240,000.00. (c) Total Obligation. The total obligation of the State for all compensation and reimbursements to the Grantee under this grant contract agreement will not exceed $240,000.00. (d) Indirect Cost Rate. Federal indirect costs are not eligible for reimbursement in the State’s federal award or this sub-award agreement. 4.2 Payment (a) The State will promptly pay the Grantee after the Grantee presents a payment request and required expenditure documentation for the services actually performed and the State's Authorized Representative accepts the documentation. Invoices must be submitted timely and according to the following schedule: Upon completion of services or up to four requests during the contract period. A final reimbursement of no more than 10% may be withheld until final completion of services. (b) Federal funds. Payments under this grant contract will be made from federal funds obtained by the State through the National Park Service of the United States Department of Interior, Land and Water Conservation Fund, 15.916, Act of 1965 as amended thereto. If at any time such funds become unavailable, this Grant Contract shall be terminated immediately upon written notice of such fact by the State to the Grantee. In the event of such termination, Grantee shall be entitled to payment, determined on a pro rata basis, for services satisfactorily performed. The Grantee is responsible for compliance with all federal requirements imposed on these funds and accepts full financial responsibility for any requirements imposed by the Grantee’s failure to comply with federal requirements. 4.3 Contracting and Bidding Requirements Per Minn. Stat. §471.345, grantees that are municipalities as defined in Subd. 1 must follow the law. (a) For projects that include construction work of $25,000 or more, prevailing wage rules apply per Minn. Stat. §§177.41 through 177.44. These rules require that the wages of laborers and workers should be comparable to wages paid for similar work in the community as a whole. VIII-15 Grant Contract Agreement template for Competitively awarded, single/sole source, or formula grant process to Municipality FY21: Updated June 2020 3 (b) (b) The grantee must not contract with vendors who are suspended or debarred in MN or by the Federal Government:http://www.mmd.admin.state.mn.us/debarredreport.asp 5 Conditions of Payment All services provided by the Grantee under this grant contract agreement must be performed to the State’s satisfaction, as determined at the sole discretion of the State’s Authorized Representative and in accordance with all applicable federal, state, and local laws, ordinances, rules, and regulations. The Grantee will not receive payment for work found by the State to be unsatisfactory or performed in violation of federal, state, or local law. 6 Authorized Representative The State's Authorized Representative is Audrey Mularie, Grant Coordinator, 500 Lafayette Road, St. Paul, MN 55155, 651-259-5549, Audrey.mularie@state.mn.us, or his/her successor, and has the responsibility to monitor the Grantee’s performance and the authority to accept the services provided under this grant contract agreement. If the services are satisfactory, the State's Authorized Representative will certify acceptance on each invoice submitted for payment. The Grantee’s Authorized Representative is Chris Jenkins, Parks and Recreation Director, 920 West 10th Street, Hastings, MN 55033, 651-480-6176, cjenkins@hastingsmn.gov. If the Grantee’s Authorized Representative changes at any time during this grant contract agreement, the Grantee must immediately notify the State. 7 Assignment Amendments, Waiver, and Grant Contract Agreement Complete 7.1 Assignment The Grantee shall neither assign nor transfer any rights or obligations under this grant contract agreement without the prior written consent of the State, approved by the same parties who executed and approved this grant contract agreement, or their successors in office. 7.2 Amendments Any amendments to this grant contract agreement must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original grant contract, or their successors in office. 7.3 Waiver If the State fails to enforce any provision of this grant contract agreement, that failure does not waive the provision or the State’s right to enforce it. 7.4 Grant Contract Agreement Complete This grant contract agreement contains all negotiations and agreements between the State and the Grantee. No other understanding regarding this grant contract, whether written or oral, may be used to bind either party. 8 Liability The Grantee must indemnify, save, and hold the State, its agents, and employees harmless from any claims or causes of action, including attorney’s fees incurred by the State, arising from the performance of this grant contract agreement by the Grantee or the Grantee’s agents or employees. This clause will not be construed to bar any legal remedies the Grantee may have for the State's failure to fulfill its obligations under this grant contract agreement. 9 Audits (State and Single) Under Minn. Stat. §16B.98, subd. 8 and 2 CFR 200.331, the Grantee’s books, records, documents, and accounting procedures and practices of the Grantee or other party relevant to this grant contract agreement or transaction are subject to examination by the State and/or the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this grant contract agreement, VIII-15 Grant Contract Agreement template for Competitively awarded, single/sole source, or formula grant process to Municipality FY21: Updated June 2020 4 receipt and approval of all final reports, or the required period of time to satisfy all state and program retention requirements, whichever is later. All state and local governments, colleges and universities, and non-profit organizations that expend $750,000 or more of Federal awards in a fiscal year must have a single audit according to the new OMB Uniform Guidance: Cost Principles, Audit, and Administrative Awards Requirements for Federal Awards. This is $750,000 total Federal awards received from all sources. If an audit is completed, forward a copy of the report to both the State's Authorized Representative and the State Auditor. 10 Government Data Practices and Intellectual Property Rights 10.1 Government Data Practices The Grantee and State must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by the State under this grant contract, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Grantee under this grant contract agreement. The civil remedies of Minn. Stat. §13.08 apply to the release of the data referred to in this clause by either the Grantee or the State. If the Grantee receives a request to release the data referred to in this Clause, the Grantee must immediately notify the State. The State will give the Grantee instructions concerning the release of the data to the requesting party before the data is released. The Grantee’s response to the request shall comply with applicable law 10.2 Intellectual Property Rights. The State owns any intellectual property developed with these funds. The federal awarding agency may receive royalty-free, non-exclusive and an irrevocable right to reproduce, publish, or otherwise use the work for Federal purposes, and to authorize others to do so as noted in 2 CFR 200.315. 11 Workers Compensation The Grantee certifies that it is in compliance with Minn. Stat. §176.181, Subd. 2, pertaining to workers’ compensation insurance coverage. The Grantee’s employees and agents will not be considered State employees. Any claims that may arise under the Minnesota Workers’ Compensation Act on behalf of these employees and any claims made by any third party as a consequence of any act or omission on the part of these employees are in no way the State’s obligation or responsibility. 12 Publicity and Endorsement 12.1 Publicity Any publicity regarding the subject matter of this grant contract agreement must identify the State as the sponsoring agency and must not be released without prior written approval from the State’s Authorized Representative. For purposes of this provision, publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Grantee individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this grant contract. All projects primarily funded by state grant appropriations must publicly credit the State of Minnesota, including on the grantee’s website when practicable. 12.2 Signage Any site funded by this grant contract shall display a sign at a prominent location at the entrance to the site and in a form approved by the State that acknowledges funding through this grant. 12.3 Endorsement The Grantee must not claim that the State endorses its products or services and the Grantee must adhere to the terms of 2 CFR 200.315. VIII-15 Grant Contract Agreement template for Competitively awarded, single/sole source, or formula grant process to Municipality FY21: Updated June 2020 5 13 Governing Law, Jurisdiction, and Venue Minnesota law, without regard to its choice-of-law provisions, governs this grant contract agreement. Venue for all legal proceedings out of this grant contract agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 14 Termination 14.1 Termination by the State The State may immediately terminate this grant contract agreement with or without cause, upon 30 days’ written notice to the Grantee. Upon termination, the Grantee will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed. 14.2 Termination for Cause The State may immediately terminate this grant contract agreement if the State finds that there has been a failure to comply with the provisions of this grant contract, that reasonable progress has not been made or that the purposes for which the funds were granted have not been or will not be fulfilled. The State may take action to protect the interests of the State of Minnesota, including the refusal to disburse additional funds and requiring the return of all or part of the funds already disbursed. 15 Data Disclosure Under Minn. Stat. § 270C.65, Subd. 3, and other applicable law, the Grantee consents to disclosure of its social security number, federal employer tax identification number, and/or Minnesota tax identification number, already provided to the State, to federal and state tax agencies and state personnel involved in the payment of state obligations. These identification numbers may be used in the enforcement of federal and state tax laws which could result in action requiring the Grantee to file state tax returns and pay delinquent state tax liabilities, if any. 16 Affirmative Action and Non-Discrimination (a) The grantee agrees not to discriminate against any employee or applicant for employment because of race, color, creed, religion, national origin, sex, marital status, status in regard to public assistance, membership or activity in a local commission, disability, sexual orientation, or age in regard to any position for which the employee or applicant for employment is qualified (Minn. Stat. 363A.02). The grantee agrees to take affirmative steps to employ, advance in employment, upgrade, train, and recruit minority persons, women, and persons with disabilities. (b) The grantee must not discriminate against any employee or applicant for employment because of physical or mental disability in regard to any position for which the employee or applicant for employment is qualified. The grantee agrees to take affirmative action to employ, advance in employment, and otherwise treat qualified disabled persons without discrimination based upon their physical or mental disability in all employment practices such as the following: employment, upgrading, demotion or transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship, (Minnesota Rules, part 5000.3500). (c) The grantee agrees to comply with the rules and relevant orders of the Minnesota Department of Human Rights issued pursuant to the Minnesota Human Rights Act. 17 Americans with Disabilities Act and Final Guidelines for Outdoor Developed Areas The Grantee is subject to complying with the Americans with Disabilities Act (ADA) of 1990 (42 U.S.C. 12101 et seq.) and all applicable regulations and guidelines. The Grantee must comply with the 2010 American Disabilities Act Standards for Accessible Design. The Grantee shall construct, operate, and maintain all facilities and programs in compliance with all state and federal accessibility laws, regulations, and guidelines including the Final Guidelines for Outdoor Developed Areas. Information on compliance with the Americans with Disabilities Act is available at U.S. Access Board. VIII-15 Grant Contract Agreement template for Competitively awarded, single/sole source, or formula grant process to Municipality FY21: Updated June 2020 6 18 Reporting The Grantee shall submit a progress report, in a form prescribed by the State, by January 1 of each year during the term of this grant contract. A final report must be submitted with the request for final reimbursement. Forms will be provided by the State. 19 Inspections The State’s authorized representatives shall be allowed, at any time, to conduct periodic site visits and inspections to ensure work progress in accordance with this grant contract, including a final inspection upon project completion. Following closure of the project, the State’s authorized representatives shall be allowed to conduct post-completion inspections of the site to ensure that the site is being properly operated and maintained and that no conversion of use has occurred. 20 Conflict of Interest It is the policy of the State to work to deliberately avoid actual and potential conflict of interests related to grant making at both the individual and organizational levels. A conflict of interest (actual or potential) occurs when a person has actual or apparent duty or loyalty to more than one organization and the competing duties or loyalties may result in actions which are adverse to one or both parties. A conflict of interest exists even if no unethical, improper, or illegal act results from it. The Grantee, by signing this contract with the State, certifies it has read and understands the Office of Grants Management Conflict of Interest Policy 08-01, will maintain an adequate Conflict of Interest Policy and, throughout the term of the contract, monitor and report any actual or potential conflicts of interest to the State’s Authorized Representative. 21 Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion – Lower Tier Covered Transactions 21.1 The prospective lower tier participant certifies, by submission of this agreement, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. 21.2 Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this agreement. 22 Non-Discrimination Requirements No person in the United States must, on the ground of race, color, national origin, handicap, age, religion, or sex, be excluded from participation in, be denied the benefits of, or be subject to discrimination under, any program or activity receiving Federal financial assistance. Including but not limited to: a) Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq.) and DOC implementing regulations published at 15 C.F.R. Part 8 prohibiting discrimination on the grounds of race, color, or national origin under programs or activities receiving Federal financial assistance; Title IX of the Education Amendments of 1972 (20 U.S.C. § 1681 et seq.) prohibiting discrimination on the basis of sex under Federally assisted education programs or activities. b) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), and DOC implementing regulations published at 15 C.F.R. Part 8b prohibiting discrimination on the basis of handicap under any program or activity receiving or benefiting from Federal assistance. c) The Age Discrimination Act of 1975, as amended (42 U.S.C. § 6101 et seq.), and DOC implementing regulations published at 15 C.F.R. Part 20 prohibiting discrimination on the basis of age in programs or activities receiving Federal financial assistance. VIII-15 Grant Contract Agreement template for Competitively awarded, single/sole source, or formula grant process to Municipality FY21: Updated June 2020 7 d) Title II of the Americans with Disabilities Act (ADA) of 1990 which prohibits discrimination against qualified individuals with disabilities in services, programs, and activities of public entities. e) Any other applicable non-discrimination law(s). 23 Minnesota Historical Sites Act and Minnesota Field Archaeology Act For projects involving land acquisition and/or construction, the State Historic Preservation Office must review the project to determine if the site is a potential location for historical or archeological findings. If the State Historic Preservation Office determines that a survey is required, the survey would need to be completed prior to any site disturbance for development projects and prior to the final reimbursement of the grant funds for acquisition projects. 24 Land Retention and Deed Restriction 24.1 Land Retention Any lands acquired or developed with assistance from the Outdoor Recreation grant program must be retained solely for public outdoor recreation use. The lands subject to this contract are shown in Attachment B – Boundary Map which is attached and incorporated into this contract. No other use can be made of these lands without prior written approval of the State and the Secretary of Interior. The State will consider requests to convert these lands to other uses only if all practical alternatives have been evaluated and rejected on a sound basis and replacement lands of equal or greater fair market value and reasonably equivalent usefulness are acquired and dedicated to public outdoor recreation use. 24.2 Deed Restriction The Grantee shall have the following condition recorded with the deed to all lands within the park as described in Attachment B – Boundary Map and submit an attested copy of the deed and the condition to the State: In order to comply with the Department of Natural Resources Outdoor Recreation Project Contract LW27-01449, the City of Hastings does hereby impose the following restrictions on the property described in Attachment B to that contract: 1. The property shall be permanently managed and maintained for public outdoor recreation use. 2. The property has been acquired and/or developed with Land and Water Conservation Fund assistance and that it cannot be converted to other than public outdoor recreation use without the written approval of the State acting through its Commissioner of Natural Resources and the Secretary of the Interior. 25 Resource Management and Protection The Grantee shall protect, manage and maintain, or cause to maintain, the property acquired and/or developed pursuant to this grant contract. Properties shall be kept reasonably safe for public use, if applicable. All state and federal accessibility laws, regulations and standards shall be adhered to. Vegetation management and similar safeguards and supervision shall be provided to the extent feasible. Buildings, roads, trails and other structures and improvements, if any, shall be kept in reasonable repair throughout their estimated lifetime to prevent undue deterioration. The Grantee shall keep the facility open to the general public at reasonable hours and at times of the year consistent with the purpose and type of use of the property and appropriate management and protection of natural resources. 26 Invasive Species Prevention Grantees and subcontractors must follow Minnesota DNR’s Operational Order 113, which requires VIII-15 Grant Contract Agreement template for Competitively awarded, single/sole source, or formula grant process to Municipality FY21: Updated June 2020 8 preventing or limiting the introduction, establishment and spread of invasive species during activities on public waters and DNR-administered lands. This applies to all activities performed on all lands under this grant agreement and is not limited to lands under DNR control or public waters. Operational Order 113 is incorporated into this contract by reference. The grantee shall prevent invasive species from entering into or spreading within a project site by cleaning equipment and clothing prior to arriving at the project site. If the equipment or clothing arrives at the project site with soil, aggregate material, mulch, vegetation (including seeds) or animals, it shall be cleaned by Grantee furnished tool or equipment (brush/broom, compressed air or pressure washer) at the staging area. The Grantee or subcontractor shall dispose of material cleaned from equipment and clothing at a location determined by the Grantee or their representative. If the material cannot be disposed of onsite, secure material prior to transport (sealed container, covered truck, or wrap with tarp) and legally dispose of offsite. 27 Pollinator Best Management Practices Habitat restorations and enhancements conducted on DNR lands and prairie restorations on state lands or on any lands using state funds are subject to pollinator best management practices and habitat restoration guidelines pursuant to Minn. Stat. 84.973. Practices and guidelines ensure an appropriate diversity of native species to provide habitat for pollinators through the growing season. Current specific practices and guidelines to be followed for contract and grant work can be found here: Link to December 2014 version. 28 Force Majeure Neither party shall be responsible to the other or considered in default of its obligations within this Contract to the extent that performance of any such obligation is prevented or delayed by acts of God, war, riot, disruption of government, or other catastrophes beyond the reasonable control of the party unless the act or occurrence could have been reasonably foreseen and reasonable action could have been taken to prevent the delay or failure to perform. A party relying on this provision to excuse performance must provide the other party prompt written notice of the inability to perform and take all necessary steps to bring about performance as soon as practicable. 28 Program Requirements The grantee will comply with the provisions of the Land and Water Conservation Fund Act of 1965 (78 Stat. 897), and Attachment C, Federal Land and Water Conservation Fund Program General and Special Provisions, attached and incorporated into this contract. 29 General and Special Provisions 1. Department of Interior Standard (DOI) Terms and Conditions. DOI Standard Terms and Conditions apply and are located at https://www.doi.gov/grants/doi-standard-terms-and- conditions (version effective December 19, 2019-revised June 19, 2020), except the provision related to the Davis-Bacon Act in Section VII. 2. 2 C.F.R. §200.92 Subaward; 200.101 Applicability; and 200.331 Subrecipients and contractor determinations. Requirements for passthrough entities applies. 3. Property Management. The Grantee will comply with Property management standards set forth in 2 CFR §§ 200.310 through 200.316. 4. Lobbying Prohibition. 18 U.S.C. § 1913, Lobbying with Appropriated Moneys, as amended by Public Law 107–273, Nov. 2, 2002 Violations of this section shall constitute violations of section VIII-15 Grant Contract Agreement template for Competitively awarded, single/sole source, or formula grant process to Municipality FY21: Updated June 2020 9 1352(a) of title 31. In addition, the related restrictions on the use of appropriated funds found in Div. F, § 402 of the Omnibus Appropriations Act of 2008 (P.L. 110–161) also apply. 5. Byrd Anti-Lobbying Amendment Certification and Disclosure: (If applicable – For Grants over $100,000) a. The Grantee certifies that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352 b. The Grantee shall comply with Interim Final Rule, New Restrictions on Lobbying, found in Federal Register Vol. 55, No. 38, February 26, 1990, and any permanent rules that are adopted in place of the Interim Final Rule. The Interim Final Rule requires the Grantee to certify as to their lobbying activity. Further definition of lobbying can be found in 2 CFR 200.450. c. If the Grantee engages in lobbying activities with non-Federal funds that takes place in connection with obtaining any Federal award, they will promptly inform the authorized representative, and complete any certifications the authorized representative requires. 6. Whistleblower Protection Rights 41 USC §4712, Enhancement of Recipient and Subrecipient Employee Whistleblower Protection (a) This award and employees working on this financial assistance agreement will be subject to the whistleblower rights and remedies in the pilot program on Award Recipient employee whistleblower protections established at 41 U.S.C. 4712 by section 828 of the National Defense Authorization Act for Fiscal Year 2013 (Pub.L. 112-239) (b) Recipients, their subrecipients, and their contractors awarded contracts over the simplified acquisition threshold related to this award, shall inform their employees in writing, in the predominant language of the workforce, of the employee whistleblower rights and protections under 41 USC 4712. (c) The recipient shall insert this clause, including this paragraph (c), in all subawards and in contracts over the simplified acquisition threshold related to this award. 7. Buy American. Per Executive Order 113858, entitled "Strengthening Buy-American Preferences for Infrastructure Projects" the Recipient shall maximize, consistent with law, the use of iron and steel goods, products, and materials produced in the United States, for infrastructure projects as defined by the Executive Order when the statement of work includes alteration, construction, conversion, demolition, extension, improvement, maintenance, reconstruction, rehabilitation, or repair. 8. Minority Business Enterprise Development. Pursuant to Executive Order 12432 it is national policy to award a fair share of contracts to small and minority firms. NPS is strongly committed to the objectives of this policy and encourages all recipients of its Cooperative Agreements to take affirmative steps to ensure such fairness by ensuring procurement procedures are carried out in accordance with the Executive Order. 9. Program Income. If the Grantee earns program income, as defined in 2 CFR § 200.80, during the period of performance of this agreement, to the extent available the Grantee must disburse funds available from program income, and interest earned on such funds, before requesting VIII-15 Grant Contract Agreement template for Competitively awarded, single/sole source, or formula grant process to Municipality FY21: Updated June 2020 10 additional cash payments (2 CFR § 200.305 (5)). As allowed under 2 CFR § 200.307, program income may be added to the Federal award by the Federal agency and the non-Federal entity. The program income must be used for the purposes, and under the conditions of, the Federal award. Disposition of program income remaining after the end of the period of performance shall be negotiated as part of the agreement closeout process. 10. Rights in Data. The Grantee must grant the United States of America a royalty–free, non– exclusive and irrevocable license to publish, reproduce and use, and dispose of in any manner and for any purpose without limitation, and to authorize or ratify publication, reproduction or use by others, of all copyrightable material first produced or composed under this Agreement by the Recipient, its employees or any individual or concern specifically employed or assigned to originate and prepare such material. 11. Conflict of Interest (a) Applicability. (1) This section intends to ensure that non-Federal entities and their employees take appropriate steps to avoid conflicts of interest in their responsibilities under or with respect to Federal financial assistance agreements. (2) In the procurement of supplies, equipment, construction, and services by recipients and by subrecipients, the conflict of interest provisions in 2 CFR §200.318 apply. (b) Requirements. (1) Non-Federal entities must avoid prohibited conflicts of interest, including any significant financial interests that could cause a reasonable person to question the recipient's ability to provide impartial, technically sound, and objective performance under or with respect to a Federal financial assistance agreement. (2) In addition to any other prohibitions that may apply with respect to conflicts of interest, no key official of an actual or proposed recipient or subrecipient, who is substantially involved in the proposal or project, may have been a former Federal employee who, within the last one (1) year, participated personally and substantially in the evaluation, award, or administration of an award with respect to that recipient or subrecipient or in development of the requirement leading to the funding announcement. (3) No actual or prospective recipient or subrecipient may solicit, obtain, or use non-public information regarding the evaluation, award, or administration of an award to that recipient or subrecipient or the development of a Federal financial assistance opportunity that may be of competitive interest to that recipient or subrecipient. (c) Notification. (1) Non-Federal entities, including applicants for financial assistance awards, must disclose in writing any conflict of interest to the DOI awarding agency or pass- through entity in accordance with 2 CFR § 200.112, Conflicts of interest. (d) Grantees must establish internal controls that include, at a minimum, procedures to identify, disclose, and mitigate or eliminate identified conflicts of interest. The recipient is responsible for notifying the Financial Assistance Officer in writing of any conflicts of interest that may arise during the life of the award, including those that have been reported by subrecipients. VIII-15 Grant Contract Agreement template for Competitively awarded, single/sole source, or formula grant process to Municipality FY21: Updated June 2020 11 Restrictions on Lobbying. Non-Federal entities are strictly prohibited from using funds under this grant or cooperative agreement for lobbying activities and must provide the required certifications and disclosures pursuant to 43 CFR Part 18 and 31 USC § 1352. (e) Review Procedures. The Financial Assistance Officer will examine each conflict of interest disclosure on the basis of its particular facts and the nature of the proposed grant or cooperative agreement, and will determine whether a significant potential conflict exists and, if it does, develop an appropriate means for resolving it. (f) Enforcement. Failure to resolve conflicts of interest in a manner that satisfies the Government may be cause for termination of the award. Failure to make required disclosures may result in any of the remedies described in 2 CFR § 200.338, Remedies for Noncompliance, including suspension or debarment (see also 2 CFR Part 180). VIII-15 Grant Contract Agreement template for Competitively awarded, single/sole source, or formula grant process to Municipality FY21: Updated June 2020 12 1. STATE ENCUMBRANCE VERIFICATION Individual certifies that funds have been encumbered as required by Minn. Stat. § 16A.15 Signed: Date: SWIFT Contract/PO No(s). 2. GRANTEE The Grantee certifies that the appropriate person(s) have executed the grant contract agreement on behalf of the Grantee as required by applicable articles, bylaws, resolutions, or ordinances. By: Title: Date: By: Title: Date: 3. STATE AGENCY By: (with delegated authority) Title: Date: Distribution: Agency Grantee State’s Authorized Representative VIII-15 Attachment A - Project Budget Project Component HastingsRecipient:City of Lake Isabel ParkLW27-01449Grant: Project Scope Park redevelopment including picnic shelter, walkways, playground, green space, half basketball court, native plantings, connectivity and water access enhancement in Lake Isabel Park. Grant Amount: Picnic Shelter 20 ft circle, open shelter $240,000 Playground Ages 5-12 (11 Components) Ages 2- 5 (5 components) engineered wood fiber surfacing , half basketball Site removals, mobilization, storm water, parking and site improvements Walkways:10,000 SF bituminous, 640 Class 3, handrails, fencing $50,000 $95,000 $185,000 $55,000 Total Cost Cost $480,000 Notes / Conditions $50,000 Local Match: Total Cost: $240,000 $480,000 Plantings, restoration, security lighting (2), wayfinding sign Design, Engineering, construction management $45,000 Nov 23, 2021 VIII-15 Architecture + Engineering + Environmental + Planning LAKE ISABEL MASTER PLAN HASTINGS, MN • 08-02-2021 ISG PROJECT NO. 20-23938 ISGInc.com Scale: 1’ = 30’-0”PRELIMINARY MASTER PLAN - LWCF BOUNDARY N60300FEET 1 1 4 4 7 7 10 10 2 2 5 5 8 8 11 11 11 13 13 17 17 17 18 18 18 18 3 3 6 6 9 9 9 12 12 14 14 14 15 15 16 16 LEGEND Relocated Park Sign New Park Wayfinding Sign 5’ Wide Bituminous Walk Open Air Pavilion (With Security Lighting & Power Outlets) 4,500 SF Playground with Wood Fiber Surfacing Half-Court Basketball (Bituminous) Portable Restrooms Seating Overlook (Bituminous) Seating Overlook (Class 3) Temporary Watercraft Docking Area Lake Edge Access/Stepped Boulders (2 Areas Total) Deck Platform Expansion- (Alternate Item) 42” High Barrier Fence Retaining Wall Modification ADA Parking Short Native Prairie Planting Open Lawn Landscape Bed/Shrub Planting Existing Warming House To Remain Existing Memorial Picnic Table (Relocated) Existing Boat Ramp Existing Dock Existing Flag Pole Proposed Trees Existing Trees Proposed Security Lighting Existing Lighting/Siren Parcel Boundary Approximately 20 20 19 19 2ND ST E 220’ X 60’ 130’ X 60’ BA S S S T PARKING PARKING ENTRANCE ENTRANCE ENTRANCE CH E S T N U T S T FR A N K L I N S T LAKE ISABEL 23 23 22 22 21 21 ___________ Attachment B VIII-15 1 ATTACHMENT C LWCF GENERAL PROVISIONS Part I – Definitions A. The term "NPS" as used herein means the National Park Service, United States Department of the Interior (DOI). B. The term "Director" as used herein means the Director of the National Park Service, or any representative lawfully delegated the authority to act for such Director. C. The term "Secretary" as used herein means the Secretary of the Interior, or any representative lawfully delegated the authority to act for such Secretary. D. The term "State" as used herein means the State, Territory, or District of Columbia that is a party to the grant agreement to which these general provisions are attached, and, when applicable, the political subdivision or other public agency to which funds are to be subawarded pursuant to this agreement. Wherever a term, condition, obligation, or requirement refers to the State, such term, condition, obligation, or requirement shall also apply to the political subdivision or public agency, except where it is clear from the nature of the term, condition, obligation, or requirement that it applies solely to the State. For purposes of these provisions, the terms "State," "grantee," and "recipient" are deemed synonymous. E. The term “Land and Water Conservation Fund” or “LWCF” as used herein means the Financial Assistance to States section of the LWCF Act (Public Law 88-578, 78 Stat 897, codified at 54 U.S.C. § 2003), which is administered by the NPS. F. The term "Manual" as used herein means the Land and Water Conservation Fund State Assistance Program Manual, Volume 71 (March 11, 2021). G. The term "project" as used herein refers to an LWCF grant, which is subject to the grant agreement and/or its subsequent amendments. Part II - Continuing Assurances The parties to the grant agreement specifically recognize that accepting LWCF assistance for the project creates an obligation to maintain the property described in the agreement and supporting application documentation consistent with the LWCF Act and the following requirements. Further, it is the acknowledged intent of the parties hereto that recipients of LWCF assistance will use the monies granted hereunder for the purposes of this program, and that assistance granted from the LWCF will result in a net increase, commensurate at least with the Federal cost-share, in a participant's outdoor recreation. It is intended by both parties hereto that the LWCF assistance will be added to, rather than replace or be substituted for, the State and/or local outdoor recreation funds. A. The State agrees, as the recipient of the LWCF assistance, that it will meet these LWCF General Provisions, and the terms and provisions as contained or referenced in, or attached to, the NPS grant agreement and that it will further impose these terms and provisions upon any political subdivision or public agency to which funds are subawarded pursuant to the grant agreement. The State also agrees VIII-15 2 that it shall be responsible for compliance with the terms and provisions of the agreement by such a political subdivision or public agency and that failure by such political subdivision or public agency to so comply shall be deemed a failure by the State to comply. B. The State agrees that the property described in the grant agreement and depicted on the signed and dated project boundary map made part of that agreement is being acquired or developed with LWCF assistance, or is integral to such acquisition or development, and that, without the approval of the Secretary, it shall not be converted to other than public outdoor recreation use but shall be maintained in public outdoor recreation in perpetuity or for the term of the lease in the case of property leased from a federal agency. The Secretary shall approve such a conversion only if it is found to be in accord with the then existing statewide comprehensive outdoor recreation plan and only upon such conditions deemed necessary to assure the substitution of other recreation properties of at least equal fair market value and of reasonably equivalent usefulness and location (54 U.S.C. 200305(f)(3)). The LWCF post- completion compliance regulations at 36 C.F.R. Part 59 provide further requirements. The replacement land then becomes subject to LWCF protection. The approval of a conversion shall be at the sole discretion of the Secretary, or her/his designee. Prior to the completion of this project, the State and the Director may mutually agree to alter the area described in the grant agreement and depicted in the signed and dated project boundary map to provide the most satisfactory public outdoor recreation unit, except that acquired parcels are afforded LWCF protection as soon as reimbursement is provided. In the event the NPS provides LWCF assistance for the acquisition and/or development of property with full knowledge that the project is subject to reversionary rights and outstanding interests, conversion of said property to other than public outdoor recreation use as a result of such right or interest being exercised will occur. In receipt of this approval, the State agrees to notify the NPS of the potential conversion as soon as possible and to seek approval of replacement property in accord with the conditions set forth in these provisions and the program regulations. The provisions of this paragraph are also applicable to: leased properties developed with LWCF assistance where such lease is terminated prior to its full term due to the existence of provisions in such lease known and agreed to by the NPS; and properties subject to other outstanding rights and interests that may result in a conversion when known and agreed to by the NPS. C. The State agrees that the benefit to be derived by the United States from the full compliance by the State with the terms of this agreement is the preservation, protection, and the net increase in the quality and quantity of public outdoor recreation facilities and resources that are available to the people of the State and of the United States, and such benefit exceeds to an immeasurable and unascertainable extent the amount of money furnished by the United States by way of assistance under the terms of this agreement. The State agrees that payment by the State to the United States of an amount equal to the amount of assistance extended under this agreement by the United States would be inadequate compensation to the United States for any breach by the State of this agreement. The State further agrees, therefore, that the appropriate remedy in the event of a breach by the State of this agreement shall be the specific performance of this agreement or the submission and approval of a conversion request as described in Part II.B above. D. The State agrees to comply with the policies and procedures set forth in the Manual. Provisions of said Manual are incorporated into and made a part of the grant agreement. VIII-15 3 E. The State agrees that the property and facilities described in the grant agreement shall be operated and maintained as prescribed by Manual requirements and published post- completion compliance regulations (36 C.F.R Part 59). F. The State agrees that a notice of the grant agreement shall be recorded in the public property records (e.g., registry of deeds or similar) of the jurisdiction in which the property is located, to the effect that the property described and shown in the scope of the grant agreement and the signed and dated project boundary map made part of that agreement, has been acquired or developed with LWCF assistance and that it cannot be converted to other than public outdoor recreation use without the written approval of the Secretary as described in Part II.B above. G. Nondiscrimination 1. By signing the LWCF agreement, the State certifies that it will comply with all Federal laws relating to nondiscrimination as outlined in Section V of the Department of the Interior Standard Award Terms and Conditions. 2. The State shall not discriminate against any person on the basis of residence, except to the extent that reasonable differences in admission or other fees may be maintained on the basis of residence, as set forth in 54 U.S.C. § 200305(i) and the Manual. Part III - Project Assurances A. Project Application 1. The Application for Federal Assistance bearing the same project number as the Grant Agreement and associated documents is by this reference made a part of the agreement. 2. The State possesses legal authority to apply for the grant, and to finance and construct the proposed facilities. A resolution, motion, or similar action has been duly adopted or passed authorizing the filing of the application, including all understandings and assurances contained herein, and directing and authorizing the person identified as the official representative of the State to act in connection with the application and to provide such additional information as may be required. 3. The State has the capability to finance the non-Federal share of the costs for the project. Sufficient funds will be available to assure effective operation and maintenance of the facilities acquired or developed by the project. B. Project Execution 1. The State shall transfer to the project sponsor identified in the Application for Federal Assistance all funds granted hereunder except those reimbursed to the State to cover eligible expenses derived from a current approved negotiated indirect cost rate agreement. 2. The State will cause work on the project to start within a reasonable time after receipt of notification that funds have been approved and assure that the project will be implemented to completion with reasonable diligence. 3. The State shall secure completion of the work in accordance with approved construction plans and specifications, and shall secure compliance with all applicable Federal, State, and local laws and VIII-15 4 regulations. 4. The State will provide for and maintain competent and adequate architectural/engineering supervision and inspection at the construction site to insure that the completed work conforms with the approved plans and specifications; that it will furnish progress reports and such other information as the NPS may require. 5. In the event the project cannot be completed in accordance with the plans and specifications for the project, the State shall bring the project to a point of recreational usefulness agreed upon by the State and the Director or her/his designee in accord with Section III.C below. 6. As referenced in the DOI Standard Terms and Conditions, the State will ensure the project’s compliance with applicable federal laws and their implementing regulations, including: the Architectural Barriers Act of 1968 (P.L. 90-480) and DOI’s Section 504 Regulations (43 CFR Part 17); the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91- 646) and applicable regulations; and the Flood Disaster Protection Act of 1973 (P.L. 93-234). 7. The State will comply with the provisions of: Executive Order (EO) 11988, relating to evaluation of flood hazards; EO 11288, relating to the prevention, control, and abatement or water pollution, and EO 11990 relating to the protection of wetlands. 8. The State will assist the NPS in its compliance with Section 106 of the National Historic Preservation Act of 1966 (54 U.S.C. § 306108) and the Advisory Council on Historic Preservation regulations (36 C.F.R. Part 800) by adhering to procedural requirements while considering the effect of this grant award on historic properties. The Act requires federal agencies to take into account the effects of their undertaking (grant award) on historic properties by following the process outlined in regulations. That process includes (1) initiating the process through consultation with the State Historic Preservation Officer and others on the undertaking, as necessary, by (2) identifying historic properties listed on or eligible for inclusion on the National Register of Historic Places that are subject to effects by the undertaking, and notifying the NPS of the existence of any such properties, by (3) assessing the effects of the undertaking upon such properties, if present, and by (4) resolving adverse effects through consultation and documentation according to 36 C.F.R. §800.11. If an unanticipated discovery is made during implementation of the undertaking, the State in coordination with NPS shall consult per provisions of 36 C.F.R. §800.13. 9. The State will assist the NPS in its compliance with the National Environmental Policy Act of 1969, as amended (42 U.S.C. §4321 et seq) and the CEQ regulations (40 C.F.R. §1500-1508), by adhering to procedural requirements while considering the consequences of this project on the human environment. This Act requires Federal agencies to take into account the reasonably foreseeable environmental consequences of all grant-supported activities. Grantees are required to provide the NPS with a description of any foreseeable impacts to the environment from grant-supported activities or demonstrate that no impacts will occur through documentation provided to the NPS. The applicant must submit an Application & Revision Form in order to assist the NPS in determining the appropriate NEPA pathway when grant-assisted development and other ground disturbing activities are expected. If a Categorical Exclusion (CE) is the appropriate NEPA pathway, the NPS will confirm which CE, according to NPS Director's Order 12, applies. VIII-15 5 C. Project Termination 1. The Director may temporarily suspend Federal assistance under the project pending corrective action by the State or pending a decision to terminate the grant by the NPS. 2. The State may unilaterally terminate the project at any time prior to the first payment on the project. After the initial payment, the project may be terminated, modified, or amended by the State only by mutual agreement with the NPS. 3. The Director may terminate the project in whole, or in part, at any time before the date of completion whenever it is determined that the grantee has failed to comply with the conditions of the grant. The Director will promptly notify the State in writing of the determination and the reasons for the termination, together with the effective date. Payments made to States or recoveries by the NPS under projects terminated for cause shall be in accord with the legal rights and liabilities of the parties. 4. The Director or State may terminate grants in whole or in part at any time before the date of completion when both parties agree that the continuation of the project would not produce beneficial results commensurate with the further expenditure of funds. The two parties shall agree upon the termination conditions, including the effective date and, in the case of partial termination, the portion to be terminated. The grantee shall not incur new obligations for the terminated portion after the effective date and shall cancel as many outstanding obligations as possible. The NPS may allow full credit to the State for the Federal share of the non-cancelable obligations, properly incurred by the grantee prior to termination. D. Termination either for cause or for convenience requires that the project in question be brought to a state of recreational usefulness agreed upon by the State and the Director or that all funds provided by the NPS be returned. VIII-15 VIII-16 City Council Memorandum To: Mayor Fasbender & City Councilmembers From: Assistant City Administrator Kelly Murtaugh Date: May 2, 2022 Item: Employee Handbook/Personnel Policy Council Actions Requested: Approve revisions to the Employee Handbook/Personnel Policy. Background Information: The Employee Handbook/Personnel Policy was due for a full revision and update. Initial review was provided externally through the City’s insurance associate, North Risk Partners. Building on the recommendations of the reviewer, a City-wide committee of employees met for several months to further refine the updates. The draft was then reviewed by the Management Team and by a representative from the City Attorney’s office. The version presented to Council with this memo reflects a structural reorganization, language updates, and legal or statutory changes. Specific updated areas include: • Structural reorganization guided by the League of Minnesota Cities (LMC) model policy • Inclusive language • Compliance/statutory updates—equal employment, immigration law compliance, wage disclosure, nursing mothers break time, pregnancy and parental leave, pregnancy accommodation, witness/victim leave, military leave, family military leave, medical information, and ADA • Updated employee conduct • Expanded information to reflect current recruitment/hiring practices • Expanded respectful workplace, harassment and violence prevention • Updated IT policy • Updated internal social media policy • Expanded vacation policy to allow for prior experience to be considered in vacation accrual VIII-17 • Combined all severance-related language into one chapter; modified sick leave severance to include 5-10 years of service payout (in addition to existing 10 years of service payout) There were a number of recommendations from the employee committee to expand benefits. Because the City is currently also participating in a Compensation & Classification Study and benefit expansion options are part of the study, employee input on benefits will be combined with the outcomes of the study. Benefit updates to the employee handbook will likely be presented later this year following the study. The benefits that may be under consideration include: expanding longevity, compensatory time accrual limit, option for compensatory time payout, vacation accrual rates, paid parental/family leave, tuition reimbursement limit, and increased safety boot allowance. Additionally, these policies will be added/updated in the near future: • Remote and flexible work policy (new) • Sick leave donation policy Going forward, some aspects of the handbook will undergo annual review due to the nature of the content, like information technology and social media. The entire handbook will be on a five- year review cycle going forward. Financial Impact: NA Committee Discussion: The Administration Committee met on Tuesday, April 26 to discuss revisions and recommended the Employee Handbook move forward to Council. Attachments: • Employee Handbook/Personnel Policy VIII-17 CITY OF HASTINGS | 101 4TH STREET EAST, HASTINGS MN APPROVED MAY 2, 2022 City of Hastings Employee Handbook VIII-17 1 Table of Contents Chapter 1 Introduction ................................................................................................................................. 6 Purpose ..................................................................................................................................................... 6 Not an Employment Contract ................................................................................................................... 6 Amendments ............................................................................................................................................. 7 Application ................................................................................................................................................ 7 Data Practices Advisory............................................................................................................................. 7 Equal Employment Opportunity ............................................................................................................... 8 Immigration Law Compliance ................................................................................................................... 8 Personnel Records .................................................................................................................................... 9 Personnel Data Changes ......................................................................................................................... 10 Chapter 2 Work Rules and Code of Conduct .............................................................................................. 11 Conduct as a City Employee .................................................................................................................... 11 Political Activity ....................................................................................................................................... 11 Conflict of Interest .................................................................................................................................. 12 Acceptance of Gifts ................................................................................................................................. 12 Employment of Relatives ........................................................................................................................ 12 Outside Employment .............................................................................................................................. 13 Intellectual Property Ownership ............................................................................................................. 13 Use of City Equipment or Property ......................................................................................................... 13 Long Distance Phone Calls ...................................................................................................................... 14 Solicitation and Bulletin Boards .............................................................................................................. 14 Appearance and Dress ............................................................................................................................ 14 Tobacco Use ............................................................................................................................................ 14 Use of Social Media ................................................................................................................................. 14 Chapter 3 Employee Recruitment and Selection ........................................................................................ 18 Regular Position Vacancy Announcements ............................................................................................ 18 Application .............................................................................................................................................. 18 Examination ............................................................................................................................................ 18 Selection and Appointment .................................................................................................................... 19 Pre-Employment Medical Exams ............................................................................................................ 19 Background Checks ................................................................................................................................. 19 Denial of Appointment............................................................................................................................ 19 VIII-17 2 False Information .................................................................................................................................... 20 Hiring Seasonal and/or Temporary Employees ...................................................................................... 20 Rehiring Seasonal and/or Temporary Employees ................................................................................... 20 Veterans Preference ............................................................................................................................... 20 Probationary Period ................................................................................................................................ 20 Transfers/Promotions ............................................................................................................................. 20 Chapter 4 Organization and Hours of Work ............................................................................................... 21 Organizational Structure ......................................................................................................................... 21 Definitions ............................................................................................................................................... 21 Expectations ............................................................................................................................................ 21 Work Week ............................................................................................................................................. 22 Breaks ...................................................................................................................................................... 22 Nursing Mothers Breaks ......................................................................................................................... 22 Performance Feedback ........................................................................................................................... 22 Chapter 5 Compensation, Payroll and Time Reporting .............................................................................. 23 Non-Union Employee Compensation Administration ............................................................................ 23 Pay Adjustments ..................................................................................................................................... 23 Working Out of Classification ................................................................................................................. 23 Payroll ..................................................................................................................................................... 23 Payroll Deductions .................................................................................................................................. 23 Longevity ................................................................................................................................................. 23 Time Reporting ........................................................................................................................................ 24 Overtime and Compensatory Time ......................................................................................................... 24 Wage Disclosure Protections .................................................................................................................. 24 Chapter 6 Benefits ...................................................................................................................................... 26 Eligibility and Enrollment ........................................................................................................................ 26 Health Insurance ..................................................................................................................................... 26 Life Insurance .......................................................................................................................................... 26 Long Term Disability ................................................................................................................................ 26 Dental Insurance ..................................................................................................................................... 26 Vision Insurance ...................................................................................................................................... 26 Flexible Spending Account ...................................................................................................................... 26 Deferred Compensation .......................................................................................................................... 26 VIII-17 3 Roth IRA .................................................................................................................................................. 26 Employee Assistance Program ................................................................................................................ 27 Public Employee’s Retirement Association (PERA) ................................................................................. 27 Employee Recognition ............................................................................................................................ 27 Chapter 7 Holidays ...................................................................................................................................... 28 Holidays ................................................................................................................................................... 28 Floating Holidays ..................................................................................................................................... 28 Chapter 8 Leaves of Absence ...................................................................................................................... 29 Vacation .................................................................................................................................................. 29 Sick Leave ................................................................................................................................................ 30 Sick Leave Donation ................................................................................................................................ 31 Funeral Leave .......................................................................................................................................... 31 Jury Duty ................................................................................................................................................. 31 Witness and Victim Leave ....................................................................................................................... 31 School Conference and Activities Leave ................................................................................................. 31 Minnesota Pregnancy and Parental Leave.............................................................................................. 32 Pregnancy Accommodation .................................................................................................................... 32 Bone Marrow Donation .......................................................................................................................... 32 Military Leave .......................................................................................................................................... 32 Family Military Leave .............................................................................................................................. 33 Family and Medical Leave ....................................................................................................................... 33 Eligible Leave ....................................................................................................................................... 33 Notification ......................................................................................................................................... 34 Length ................................................................................................................................................. 34 Medical Certification ........................................................................................................................... 34 Leave ................................................................................................................................................... 34 Insurance ............................................................................................................................................. 34 Return to Work ................................................................................................................................... 35 Medical Information ........................................................................................................................... 35 Unpaid Leave of Absence ........................................................................................................................ 35 Severe Weather ...................................................................................................................................... 35 Time off to Vote ...................................................................................................................................... 35 Election Judges ........................................................................................................................................ 36 VIII-17 4 Leave Without Approval ......................................................................................................................... 36 Chapter 9 Respectful Workplace ................................................................................................................ 37 Sexual Harassment .................................................................................................................................. 38 Reporting ................................................................................................................................................ 38 Retaliation ............................................................................................................................................... 40 Abusive Customer Behavior .................................................................................................................... 41 Bullying Policy ......................................................................................................................................... 41 Violence Prevention ................................................................................................................................ 41 Policy Prohibiting Weapons in the Workplace........................................................................................ 42 Chapter 10 Separation from Service ........................................................................................................... 43 Advance Resignation Notice Program .................................................................................................... 43 Resignation ............................................................................................................................................. 43 Retirement .............................................................................................................................................. 43 Layoff....................................................................................................................................................... 43 Dismissal ................................................................................................................................................. 44 Severance ................................................................................................................................................ 44 City-Paid Health Insurance for Retirees .................................................................................................. 44 Insurance Continuation ........................................................................................................................... 45 Reference Checks .................................................................................................................................... 45 Chapter 11 Drug-Free Workplace ............................................................................................................... 46 Information Technology .............................................................................................................................. 53 General Information ............................................................................................................................... 53 Personal Use ........................................................................................................................................... 53 Permitted Use ......................................................................................................................................... 53 Hardware ................................................................................................................................................ 53 Software .................................................................................................................................................. 54 Electronic Mail ........................................................................................................................................ 54 Personal Devices ..................................................................................................................................... 54 Security ................................................................................................................................................... 54 Passwords ........................................................................................................................................... 54 Network access ....................................................................................................................................... 55 Remote Access to the Network .............................................................................................................. 55 Internet ................................................................................................................................................... 55 VIII-17 5 Data Retention ........................................................................................................................................ 56 Voicemail Policy ...................................................................................................................................... 56 Chapter 12 Safety and Health ..................................................................................................................... 57 Safety and Wellness Committee ............................................................................................................. 57 Accidents ................................................................................................................................................. 57 Personal Injury/Workers Compensation ................................................................................................ 57 Fraudulent Claims ............................................................................................................................... 58 Managed Care ..................................................................................................................................... 58 Temporary Alternate Duty ...................................................................................................................... 58 Right to Know .......................................................................................................................................... 58 Emergency Procedures ........................................................................................................................... 58 Safety Boots ............................................................................................................................................ 58 Safety Glasses ......................................................................................................................................... 59 Use of City Property ................................................................................................................................ 59 Vehicle Use [may want separate robust vehicle policy] ......................................................................... 59 Loss or Suspension of License ................................................................................................................. 59 Chapter 13 Employee Education and Training............................................................................................ 60 Training, Workshops, Conferences ......................................................................................................... 60 Travel Expenses ....................................................................................................................................... 60 Tuition Reimbursement .......................................................................................................................... 60 Chapter 14 Discipline and Grievance .......................................................................................................... 62 Discipline ................................................................................................................................................. 62 Progressive Discipline ............................................................................................................................. 62 Grievance ................................................................................................................................................ 64 VIII-17 6 Chapter 1 Introduction The Employee Handbook was written to provide information and guidance to employees of the City of Hastings and to answer questions you may have related to the City and its personnel policies. Please read it carefully and retain it for future reference. This Handbook is provided for general guidance only. The policies and procedures outlined in this book, as well as those in any other materials which may be issued from time to time, do not constitute a binding contract; this is not an employment contract, unless stated otherwise. The City and the employee both have the right to terminate the employment relationship at any time, except as may be provided for in a collective bargaining agreement. Employees are expected to be familiar and comply with the City’s policies. This Employee Handbook supersedes and replaces any and all written personnel policies, handbooks, guides and Employee Handbooks previously distributed to, made available to, or applied to employees of The City of Hastings, and is the only Employee Handbook with any force or effect. All prior personnel policies and handbooks are hereby rescinded and revoked. The City of Hastings reserves the right to apply any or all of these policies in whole or in part at its discretion as it deems appropriate depending on individual circumstances. The City of Hastings can deviate from this Employee Handbook as it deems appropriate. The application or non-application of any or all of these policies does not alter or change the City of Hastings’ right to apply these policies in whole or in part as it deems appropriate. The City of Hastings reserves the right to change, withdraw, apply or amend any of our policies or benefits, including those covered in this Employee Handbook, at any time. The City of Hastings may notify you of such changes via email, posting on the City’s Intranet or website, or via a printed memo, notice, amendment to or reprinting of this Employee Handbook but may, in its discretion, make such changes at any time, with or without notice. Questions, comments or suggestions should be directed to the Assistant City Administrator. Purpose The purpose of this employee handbook is to outline the City’s policies, procedures and expectations for both employees and the City. The rules should not be construed as binding contractual agreements, unless stated otherwise, but are applied with the following guidelines: • Maintaining efficiency and economy in the City’s operations; • Fair administration of these policies; • Employees covered by these policies are expected to comply with the policies, as well as position and department specific guidelines and expectations; • Provisions of labor agreement between the City and a collective bargaining unit will prevail if there is a conflict with the provisions in this handbook. Not an Employment Contract This Handbook is intended to provide an overview of citywide policies and procedures. No attempt has been made to address all possible work situations or to identify every possible situation.; it is merely meant as a guideline. Departments may also maintain separate department policies and procedures. VIII-17 7 Nothing contained in this Employee Handbook should be construed as creating a contract guaranteeing employment for any specific duration. Except as modified by Civil Service Rules or a collective bargaining agreement, your employment with the City is “at will” and may be terminated at any time by either you or the City with or without cause. Note that no manager, employee or representative of the City of Hastings, other than the City Administrator, is authorized to enter into any oral or written agreements inconsistent with the foregoing and no such agreement shall be enforceable unless it is in writing and signed by the City Administrator and the employee. Amendments The City Council will approve all new or revised policies before they become effective. The City Council or City Administrator may from time to time direct the preparation of new or revised policies. Application Unless indicated otherwise, this handbook applies to all employees of the City, except: • Elected Officials • City Attorney • Voluntary members of boards, commissions, and committees Data Practices Advisory A. During the course of City employment, an employee will likely be asked to provide information that is classified by state law as either private or confidential. Private data is information that generally cannot be given to the public but can be given to the subject of the data. Confidential data is information that generally cannot be given either to the public or to the subject of the data. B. The requested information will be used to evaluate the employee’s job performance, eligibility, and abilities. The information provided by the employee may be used in performance evaluations, applications for employment, and other matters that involve a review of the employee’s personnel file and past performance. If the employee provides false, incomplete, or misleading information, the employee may be subject to discipline. Unless the employee is told otherwise, they are required to provide this information or may face disciplinary action. C. Those authorized by law to receive information in the employee’s personnel file include, but are not limited to, the following persons or entities: a. Employees, agents, and officials of the City who have a need to know about the information in the course of their duties or responsibilities; b. The person who is the subject of the private data; c. People who have permission from the subject of the data; d. The Internal Revenue Service, Minnesota Department of Revenue, Public Employees Retirement Association, or other applicable pension system, and the Immigration and Naturalization Service; e. The Minnesota Department of Economic Security in any claim for re-employment benefits; f. The Workers’ Compensation Court in any claim for workers’ compensation benefits; g. Various insurance companies in any claim for insurance benefits; h. Individuals who have obtained a court order for the information; VIII-17 8 i. Participants in any litigation, mediation, veterans’ preference hearing, arbitration, or other administrative proceeding that involves the employee; and j. Labor organizations and the Bureau of Mediation Services. D. If litigation arises, the information may be provided in documents filed with the court and are available to any member of the public. If reasonably necessary to discuss the information at a City Council meeting, it will be available to members of the public. To the extent that some of the information is part of the basis for a final decision on disciplinary action, that information is available to any member of the public. Equal Employment Opportunity The City of Hastings is fully committed to equal employment opportunities (EEO). All employment decisions will be made without regard to race, color, age, religion, sex, pregnancy, marital status, familial status, disability, genetic information, national origin, sexual orientation, gender identity, veteran status, status with regard to public assistance or activity in a local human rights commission. Decisions concerning employment are based strictly on an individuals’ qualifications and ability to perform the job under consideration, the comparative qualifications and abilities of the other applicants or employees, and the individual's past performance within the organization. Employment decisions include, but are not limited to: recruitment, hiring, promotions, salary or other compensation, benefits, transfers, corrective actions, layoffs, termination and training. If you believe that an employment decision has been made that does not conform to management's commitment to equal opportunity, the matter should be brought promptly to the attention of Human Resources. Your complaint will be thoroughly investigated. There will be no retaliation against any employee who files a complaint in good faith, even if the result of the investigation produces insufficient evidence to support the complaint. The City of Hastings is committed to complying with the American with Disabilities Act (ADA). In accordance with federal and state law, the City of Hastings provides reasonable accommodation to known physical or mental limitations of an otherwise qualified employee with a disability unless the accommodation would impose an undue hardship on the company. Reasonable accommodation may be, depending on all the circumstances, modification or adjustment to a job, the work environment, or the way things usually are done that enable an employee with a disability to perform the essential functions of a job, and to enjoy equal benefits and privileges of employment. Employee requests for reasonable accommodations must be done in writing. The City of Hastings may request a physician’s statement documenting the need for the requested accommodation. All requests for reasonable accommodation should be submitted to Human Resources. Immigration Law Compliance The City of Hastings complies with the Immigration Reform and Control Act of 1986 by employing only United States citizens and non-citizens who are authorized to work in the United States. All employees are asked on their first day of employment to provide original documents verifying their right to work in the United States and to sign a verification form required by federal law (Form I-9). If an individual VIII-17 9 cannot verify their right to work within three (3) days of hire, the City of Hastings must terminate employment. Personnel Records Personnel files are maintained for each employee in compliance with the Minnesota Government Data Practices Act and the Minnesota Personnel Record Review and Access Act The City of Hastings maintains a personnel file on each employee. The purpose of this file is to allow us to make decisions and take actions that are personally important to you, including notifying your family in case of emergency, calculating income tax deductions and withholding, and paying for appropriate insurance coverage. While the types of documentation maintained in your personnel file varies, medical records, work eligibility, and other documentation, as required by law, is kept separately from the personnel file. Personnel files are the property of the City of Hastings. Generally, only supervisors and management personnel of the City of Hastings who have a legitimate reason to review information in a file are allowed to do so in accordance with state law. The Minnesota Personnel Record Review and Access Act provides the following rights and remedies to employees regarding their personnel files: • Employees have a right to review their file, upon a written request with reasonable advance notice, made in good faith, once every six months while employed. • Within seven (7) working days of receiving an employee’s request (or within 14 working days if the employee’s personnel records are stored out of state), the City will make available for the employee’s review either their original file or an accurate copy of their file. • Employees will have access to their files during normal operating hours either at the employee’s job site or at a nearby location. The City may require that this review take place in the presence of a City representative. After the employee has had an opportunity to review their file, the employee may make a written request for a copy of the record. If an employee makes such a request, the City will provide the employee with a copy of their file at no charge to the employee. • After termination, employees may review their records once annually for as long as the City maintains the record. • The City must comply with an employee’s written request to review their file within seven work days from date of request. • If the employee disputes information contained in the record and the City does not agree to remove or revise the disputed information, the employee may submit a written statement of up to five pages explaining the employee’s position. This statement will be included in the personnel file for as long as the City maintains it. • If the City violates the statute, employees may bring a civil action to compel compliance and for actual damages and costs. • The City may not retaliate against employees for asserting rights or remedies under the statute. If the City unlawfully retaliates against an employee, the employee may bring a civil action to compel compliance and for actual damages, back pay, reinstatement, equitable relief, and attorney fees. VIII-17 10 Personnel Data Changes It is the responsibility of each employee to notify Human Resources of any changes in personnel data or within 30 days of a qualifying event. These changes may include a change in name or address, marriage, divorce, birth/adoption of child. The updated information is necessary to provide for appropriate updates to benefits and personnel files. Related information, including educational achievements, emergency contacts, etc. should be reported in a timely manner for inclusion in personnel files. VIII-17 11 Chapter 2 Work Rules and Code of Conduct Conduct as a City Employee In accepting City employment, employees become representatives of the City and are responsible for assisting and serving those in the City of Hastings. Employees should exhibit behavior that is ethical, professional, responsive, and of high standards. Any willful violation of the established policies, rules, and procedures shall be considered insubordination and subject to disciplinary action, up to and including dismissal. While it is not possible to list all of the forms of behavior that are considered unacceptable in the workplace, the following is a nonexclusive list of examples of infractions of rules of conduct that may result in corrective action, up to and including termination: • Carelessness which results in damage or injury to the City of Hastings property or employees. • Coercion of, threats against, intimidation of, interference with or abuse of other employees. • Discourteous treatment of coworkers, management, customers, suppliers or an individual where contact is in the capacity of an employee of the City of Hastings. • Dishonesty or falsification of records. • Failure to follow a superior’s instructions, defiance, general insubordination or other disrespectful conduct. • Failure to adhere to policies and procedures as outlined in this Employee Handbook. • Failure to report for work, being tardy, sleeping, loitering, loafing, excessive visiting, abuse of rest periods, wasting time or failing to expend the necessary effort in the performance of the work assignment. • Harassment of or discrimination against another employee, customer or any other person where contact is a result of the employment relationship with the City of Hastings. • Making or publishing false or malicious statement about employees or the City of Hastings. • Possession or use of weapons while working on City of Hastings property or in any location on behalf of the City (see Policy Prohibiting Weapons in the Workplace in this handbook). • Theft or inappropriate removal or possession of City property. • Transporting, possessing, transferring, using or being under the influence of illegal, controlled substances at any time, including while in route to work. • Unauthorized disclosure of confidential information. Political Activity No employee of the City will directly or indirectly, during hours of employment solicit or receive campaign funds, or use their authority or official influence to compel any other employee to apply for membership or become a member of any political organization, or pay or promise to pay any assessment, subscription, or contribution, or to take part in any political activity. Any employee elected to public office may be required to resign or take a leave of absence if the duties of elected office interfere with the duties as a City employee. VIII-17 12 Conflict of Interest Employees must avoid any activity which may suggest a conflict of interest between their private interests and City business. Examples may include, but are not necessarily limited to: • Use or attempted use of official position to secure benefits, privileges, or advantages for themselves, relatives or others associated which are different than those available to the general public. • Acceptance of other employment that would affect the employee’s independence of judgment in the performance of their job duties. • The use of City time, facilities, equipment, or supplies for financial gain. • Conducting personal business while working regularly scheduled hours. • Receipt or acceptance of any money or other thing of value from anyone other than the City for the performance of an act which an employee would be required or expected to perform in the regular course of hours of City employment or as part of the duties of the employee. • Any financial interest or personally beneficial interest, directly or indirectly, in contracts or purchase orders for goods or services used by, purchased by, or furnished to the City. Employees must disclose to their supervisor or Human Resources any possible conflicts so that the City of Hastings may assess and prevent potential conflicts of interest from arising. The determination of whether a conflict of interest exists will be the decision of the City and not of the individual employee. A violation of this policy will result in appropriate corrective action, up to and including termination. Acceptance of Gifts Employees are prohibited from requesting, soliciting, or accepting any gift or gratuity of significant value or lavish entertainment with the following exceptions: • A plaque or similar memento recognizing an individual’s services in a field of specialty or to a charitable cause; • A trinket or memento of insignificant value; • Informational materials of unexceptional value; • Food or beverage given at a reception, meal or meeting away from the normal place of work by an organization before whom the employee is appearing to make a speech, or answer questions as part of a program. • Lawful campaign contributions; • Gifts given because of the recipient’s membership in a group; • Prizes won of nominal value at a convention, meeting, or sporting event at which the employee is a representative of the City of Hastings. Employment of Relatives Employment with the City of Hastings shall be based on merit and no position will be granted to an immediate family member of a current City employee if that person does not meet the requirements of the position. Relatives of persons currently employed by the City may be hired only if they will not be working directly for, or supervising, evaluating, or disciplining a relative. If two (2) employees become related while working for the City of Hastings, and if one of them is in a position of supervision over the VIII-17 13 other, only one of the employees will be allowed to keep their position. The other will have to transfer to another position or leave employment. Under this policy, the term “relatives” encompasses husbands, wives, live-in partners, domestic partners, parents, children, siblings, in-laws, cousins, aunts and uncles. This policy covers biological relationships, marriage relationships and step relationships. Outside Employment Employees may hold employment outside of their employment with the City of Hastings so far as it does not conflict with the employee’s ability or perceived ability to effectively and professionally perform their responsibilities as an employee with the City of Hastings. In cases of conflict with an outside activity, the employee’s obligations to the City of Hastings must be given priority. Employees may not use their position as an employee with the City of Hastings to solicit business to any outside employment. Employees may not conduct outside employment during scheduled work hours for the City of Hastings. Outside employment must not present a conflict of interest or have an adverse impact on the City of Hastings. Intellectual Property Ownership The City retains legal ownership over all property, including intellectual property developed as a result of an employee’s work for the City of Hastings, and including but not limited to works, ideas, discoveries, and inventions. No work product created while employed by the City of Hastings can be claimed, construed, or presented as property of the individual, even after employment by the City of Hastings has been terminated or the relevant project completed. This includes written and electronic documents, audio and video recordings, system code, and any concepts, ideas, or other intellectual property developed for the City of Hastings, regardless of whether the intellectual property is actually used by the City. Although it is acceptable for an employee to display and/or discuss a portion or the whole of certain work product as an example in certain situations (e.g., on a resume, in a freelancer's meeting with a prospective client), one must bear in mind that information classified as confidential must remain so even after the end of employment, and that supplying certain other entities with certain types of information may constitute a conflict of interest. In any event, it must always be made clear that work product is the sole and exclusive property of the City of Hastings. Temporary or contract employees must be particularly careful in the course of any work they discuss doing, or actually do, for a competitor of the City of Hastings. Use of City Equipment or Property City equipment is to be used for business purposes for the City of Hastings. Personal use of e-mail and phones should be limited to brief, concise messages. Employees or users may not use City equipment to disseminate, view, or store commercial advertisements, solicitations, or destructive code. Employees may not use city equipment for outside business for personal gain, personal sale of good or services, political activity, illegal and/or questionable transmissions, sexually explicit, harassing, or threatening communication, or any other use deemed questionable, inappropriate, or for an unauthorized purpose by the City. VIII-17 14 Long Distance Phone Calls Employees who make long distance phone calls must use the long-distance code assigned to them. The long-distance code may only be used for City business. Solicitation and Bulletin Boards In an effort to ensure a productive and harmonious work environment, persons not employed by the City of Hastings may not solicit or distribute literature in the workplace at any time for any purpose, without approval of the City Administrator or designee. The City of Hastings recognizes that employees may have interests in events and organizations outside the workplace. Employees may only solicit or distribute literature or information concerning these activities during non-working time. (Non-working time includes lunch periods, work breaks, or any other periods in which employees are not on duty.) The posting of written solicitations on City bulletin boards must be approved in advance by Human Resources. Please use good judgment when approaching your co-workers with offers/opportunities. Appearance and Dress Employees of the City of Hastings are expected to project a neat, well-groomed appearance commensurate with the position held by the employee. Employees are responsible for ensuring that they dress in clean, unstained and un-ripped clothing that projects an appropriate appearance for the public. Any clothing that has words, terms, or pictures that may be offensive to other employees is unacceptable. Clothing that is sexually provocative that reveals too much cleavage, your back, your chest, your feet, your stomach or underwear is not appropriate for a place of business. If clothing fails to meet these standards, as determined by the employee’s supervisor and Human Resources staff, the employee will be asked not to wear the inappropriate item to work again. If the problem persists, the employee may be sent home to change clothes and will receive a verbal warning for the first offense. Progressive corrective action will be applied if dress code violations continue. Tobacco Use All City buildings and vehicles have been designated as no smoking areas, meaning that smoking tobacco or other substances are prohibited. All City park areas, including Public Square where City Hall and the Police Station are located, have been designated as tobacco-free areas. This shall include the use of any electronic device used to vaporize substances for ingestion (e.g. e-cigarettes). Use of Social Media Social networking in government serves two primary functions: to communicate and deliver messages directly to citizens and to encourage citizen involvement, interaction, and feedback. Information which is distributed via social networking must be accurate, consistent, and timely and meet the information needs of the City’s intended audience. Social media is used for social networking, and this policy seeks to ensure proper administration of the City of Hastings’ social media sites by its representatives. The City has limited control of social media accounts with third parties (i.e., Facebook, Twitter, etc.). At the same time, there is a general expectation by the public that this City have a social media presence by which to share information about current city projects and city business. For municipal purposes, the City’s social media accounts will be used for incidental, non-vital communication and general information only. It is not the purpose of the city’s social media accounts to be a medium for VIII-17 15 transactions of city business. The one exception is in the case of a natural or man-made disaster, if it is determined by the City that the best means of communicating with the public is through the social media account(s). The City of Hastings wishes to establish a positive and informative social media presence. City representatives have the responsibility to use the City’s social media resources in an efficient, effective, ethical, and lawful manner pursuant to all existing City policies. The City of Hastings will determine, at its discretion, how its web-based social media resources will be designed, implemented, and managed as part of its overall communication and information sharing strategy. City of Hastings social media accounts are considered a City asset and administrator access to these accounts will be securely administered in accordance with the City’s Computer Use Policy. The City reserves the right to shut down any of its social media sites or accounts for any reason without notice. All social media websites created and utilized during the course and scope of an employee’s performance of their job duties will be identified as belonging to the City of Hastings, including a link to the City’s official website. The City of Hastings does not create or maintain social media accounts for its elected officials. This policy applies to any existing or proposed social media websites sponsored, established, registered, or authorized by the City of Hastings. The City’s social media accounts are exclusively the following: 1. City of Hastings Facebook account at https://www.facebook.com/cityhastingsmn 2. City of Hastings Twitter account at https://twitter.com/CityHastingsMN 3. City of Hastings Instagram account https://www.instagram.com/cityhastingsmn/ 4. City of Hastings LinkedIn account https://www.linkedin.com/company/city-of-hastings-mn The City does not create, collect, disseminate, or regulate use of any other social media accounts, including the personal accounts of its elected officials and staff. Questions regarding the scope of this policy should be directed to the Communications Coordinator. Social media are internet and mobile-based applications, websites, and functions, other than email, for sharing and discussing information, where users can post photos, video, comments, and links to other information to create content on any imaginable topic. This may be referred to as “user-generated content” or “consumer-generated media.” Social media includes, but is not limited to: • Social networking sites and apps such as Facebook, LinkedIn, Twitter, and Nextdoor • Blogs • Social news sites such as Reddit and Buzzfeed • Video and photo sharing sites and apps such as YouTube, Instagram, SnapChat, and Flickr • Wikis, or shared encyclopedias, such as Wikipedia • An ever-emerging list of new web-based platforms generally regarded as social media or having many of the same functions as those listed above VIII-17 16 As used in this policy, “employees and agents” means all City representatives, including its employees and other agents of the city, such as independent contractors or councilmembers. “Social media manager” means any city employee or agent with administrator access who, when posting or responding to a post, appears to be the City social media account owner. City social media managers are responsible for managing City social media accounts or websites. Facilities or departments wishing to have a new social media presence must initially submit a request to the City Administrator in order to ensure social media accounts are kept to a sustainable number and policies are followed. All approved sites will be clearly marked as the City of Hastings site and will be linked with the official City website (www. Hastingsmn.gov). No one may establish social media accounts or websites on behalf of the City unless authorized in accordance with this policy. The City’s social media page must conspicuously display or link to a public notice that informs the public of the purpose of the social media presence and the terms one agrees to in accessing, using, or posting to the City’s social media page. Administration of all City social media websites will comply with applicable laws, regulations, and policies as well as proper business etiquette. City social media accounts covered by this policy will not be used by social media managers for private or personal purposes or for the purpose of expressing private or personal views on personal, political, or policy issues or to express personal views or concerns pertaining to City employment relations matters. No City social media account may be used by the City or any social media manager to disclose private or confidential information. No social media website should be used to disclose sensitive information; if there is any question as to whether information is private, confidential, or sensitive, contact the Assistant City Administrator/Human Resources Director. Outside of situations of disaster, no City social media account will be used for transactions of city business. In the event a user initiates a request, application, or question through social media that affects city business or requires another city policy or process to be followed, follow up with that user by phone, email, or other channels. If comments are allowed, in the event of a question of general interest, a response may be given in comments, the initial post may be edited, or a subsequent post may be created to include the information. City of Hastings’ social media managers will not edit any posted comments. However, comments posted by members of the public may be removed if they fall into at least one of the following categories: • Obscene or pornographic content • Direct threats to persons or property • Material asserted to violate the intellectual property of another person • Private, personal information about a person published without their consent • Information that compromises a public safety security system • Statutorily private, confidential, or nonpublic data • Commercial promotions or spam • Hyperlinks to material that falls into one of the foregoing categories VIII-17 17 A member of the public whose comment is removed may appeal the removal of the comment and seek reconsideration of its removal by contacting the City in writing and explaining how the comment does not fall into one of the categories for removal. A written response should be provided as soon as reasonably possible. A member of the public who disputes the legality of any portion of this policy may dispute the particular portion in writing. The City should acknowledge the claim promptly and, upon consultation of the city attorney, respond to the claim concerning legality of the policy portion as soon as reasonably possible under the circumstances. All communications or messages within social media accounts covered by this policy composed, sent, or received on city or personal equipment are the property of the City and will be subject to the Minnesota Government Data Practices Act. This law classifies certain information as available to the public upon request. As no transactions of city business shall be conducted through social media accounts (outside of disasters), in accordance with the City’s records retention schedule, the City shall retain all social media messages only until read. VIII-17 18 Chapter 3 Employee Recruitment and Selection Regular Position Vacancy Announcements Position vacancies, for regular full- and part-time positions, shall be published by posting announcements on the City’s website as well as other sites appropriate for the position. Such postings will normally specify the title and salary of the position, nature of the work to be performed, the minimum requirements of the position, the place to apply, the closing date for receiving applications, and other pertinent information. The objective of the recruitment and selection process is to attract the best qualified applicant available. The City Administrator or designee will determine whether to post the position as open recruitment or internal promotion opportunity. Positions designated as promotional only will normally be open to any City employee who has successfully completed their initial probationary period. Employees who serve in a part-time or paid on- call status will be eligible to apply. Temporary and seasonal employees are not eligible to apply for promotional-only positions. Application The City of Hastings will develop suitable application form(s). All positions, unless noted otherwise, will require the completion of an online employment application for consideration. Supplemental questionnaires may be required in certain situation. The Human Resources Director may extend the application deadline after consultation with the appropriate department head. The Human Resources Director shall establish minimum qualifications for each position with input from the appropriate department head. All candidates must meet the minimum qualifications to be eligible to participate in the selection and testing process. The City may consider alternative experience if it is substantially equivalent to the qualification being required. Examination Applicant qualifications may be evaluated in one or more of the following ways: training and experience rating, written test, oral test or interview, performance or demonstrative test, physical agility test, or other appropriate job-related assessment. Tests for appointment in the City service shall be competitive tests which shall be open only to applicants who meet the minimum qualifications stated on the job posting or qualifications determined to be equivalent by the Human Resources Director. The examinations and results of examinations are private. Each person taking an examination shall be entitled to obtain their final score and may request an examination review with the Human Resources Director to obtain summary information on the results. Applicants who fail an examination will normally not be eligible to retake the examination within the following six months. Sound measurement techniques and procedures shall be used in rating test and determining the individual and/or relative ranking of candidates. Candidates are required to attain at least a passing score on each component of the test in order to continue in the selection process. Access to the testing process may be limited to the top candidates based on job-related qualifications. Upon a conditional hire of employment, the City may require pre-employment testing which may include a physical examination, psychological examination, criminal history background, Federal Motor VIII-17 19 Carrier Safety Administration check, and/or drug/alcohol testing. The information obtained during these kinds of exams will be treated as private records. The City will pay the cost of the exam. Selection and Appointment Appointments and promotions in the City services shall be made according to merit and fitness related to the position being filled. Vacant positions will be filled on the basis of regular full-time, part-time, paid on-call, seasonal or temporary appointment. Part-time employees may be hired into a benefit-earning (at least 30 hours per week) or non-benefit-earning (fewer than 30 hours per week). Relatives of current employees may be hired only if they are the most qualified and there will be no supervisory reporting relationships between them as a result of the hiring. The City Administrator must approve all such appointments. Appointments of the City Administrator and department head positions are made by the City Council. Appointment of all other positions are done by the City Administrator, or designee, upon recommendation of the department head. Position vacancies may be filled on an “acting” or interim basis as needed prior to filling a position through the normal process. The City Administrator will approve all acting appointments for regular positions. If a current employee is appointed to an acting position and is later hired to fill the regular appointment, with no break in service in the new position, the effective date of the regular appointment will be considered to be the date on which the acting appointment was made. Pay rate adjustment for acting appointments will be determined by the City Administrator. Pre-Employment Medical Exams The City Administrator or designee may determine that a pre-employment medical examination, which may include a psychological evaluation, is necessary to determine fitness to perform the essential functions of any city position. Where a medical examination is required, an offer of employment is contingent upon successful completion of the medical exam. When a pre-employment medical exam is required, it will be required of all candidates who are finalists and/or are offered conditional employment for a job class. Information obtained from the medical exam will be treated as confidential medical records. Background Checks All finalists and/or candidates given a conditional offer of employment with the City will be subject to a background check to confirm information submitted as part of the application materials and to assist in determining the candidate’s suitability for the position. Denial of Appointment Per Minnesota Statute 364.05, should the City deny an individual a position as a result, either partially or solely, of the applicant’s prior conviction of a crime, subject to the exception set forth in Minnesota Statute 364.09, the applicant shall be notified in writing of: • The grounds and reasons for the denial; • The applicable complaint and grievance procedure set forth in MN Statute 364.06; • The earliest date the applicant may reapply for employment; and • That all competent evidence of rehabilitation will be considered upon reapplication. VIII-17 20 False Information Any applicant who gives false or misleading information on an employment application or supplemental material will be eliminated from further consideration of employment. Discovery of false or misleading information regarding an applicant’s credentials and ability to perform the job responsibilities after hire may result in termination of employment. Hiring Seasonal and/or Temporary Employees The City Administrator or designee may delegate responsibility to the appropriate department for reviewing applications, conducting interviews, and recommending an applicant(s) for hire. Rehiring Seasonal and/or Temporary Employees The City Administrator or designee may authorize departments to rehire previous seasonal or temporary employees, provided there are no disqualifying factors associated with that employee returning to work. Veterans Preference The City will comply with veteran’s preference requirements, as outlined in Minnesota Statutes 43A.11 and 197.455, in its selection procedures. Probationary Period All employees are subject to a twelve-month probationary period. If the probationary employee is performing satisfactorily after 6 months, the City Administrator, upon recommendation by the employee’s supervisor and department head, may grant a compensation adjustment during the probationary period. The probationary period is a working test period during which the employee may be terminated summarily at the sole discretion by the City. Transfers/Promotions Transfers and/or promotions will be based on an employee’s performance record, experience, and ability to perform the responsibilities and expectations of the new position. Transfers may be either at employee’s request or as a result of a decision by the City of Hastings. Transfers or promotions may require in a background check, drug/alcohol testing, or a probationary period. VIII-17 21 Chapter 4 Organization and Hours of Work Organizational Structure The City of Hastings operates with a Council-Administrator form of government. The City Administrator manages the day-to-day operations of the City. Department heads and managers lead their respective departments to assist in carrying out the operations and initiatives of the City. City employees are critical to the successful operation of the City and its service to residents and visitors. Definitions A. Exempt - management supervisory, professional, sales or administrative employees, whose positions meet FLSA standards, are exempt from overtime pay requirements. Exempt employees are expected to work the City’s normal operating schedule unless they are using Sick/Vacation or on a leave of absence. Exempt employees are paid a stated weekly salary to achieve results regardless of the number of hours they actually work. B. Non-exempt - Employees whose positions do not meet the FLSA exemption standards are paid overtime. Employees classified as non-exempt generally work in non-supervisory, non- professional or non-administrative capacities. C. Regular Position—a position that has been approved by the City Council and is reflected in the annual budget. D. Full Time Employment—a person filling this position has successfully completed a review period and is regularly scheduled to work 40 or more hours a week. E. Part-Time Employment—a person who has completed the review period and is regularly scheduled to work less than 40 hours but at least 10 hours a week. F. Temporary/Seasonal Employment—employment required to work for a fixed, yet determined short period of time. Temporary positions may be full or part-time and are eligible for legally mandated benefits such as worker’s compensation and social security but are not eligible for other City benefits. Note: If your status changes from temporary or part-time to full-time, you are considered hired on the date you become a full-time employee for purposes of calculating eligibility for benefits that require full- time employment for eligibility purposes. Expectations It’s important for each employee to report to work on time and to maintain a good attendance record. Employees are expected to be in attendance and working during all scheduled hours of work. The City of Hastings recognizes that circumstances beyond your control may cause you to be absent from work for all or part of a day. However, unauthorized absence or tardiness may result in corrective action, up to and including termination. If are unable to report for work, employees are required to notify their immediate supervisor within 15 minutes of the employee’s scheduled workday if they will be late or not in to work that day. Leaving a voicemail or a message with another staff member does not qualify as notifying your supervisor – you must communicate directly with your supervisor. If you are absent for more than one day, you must contact your supervisor each day. When absence is due to illness, the City of Hastings reserves the right to require appropriate medical documentation. Excessive absenteeism or tardiness can result in corrective action, up to and including discharge. (Also see the section on Family and Medical Leave for extended leave situations.) VIII-17 22 You are expected to be at your work location at the beginning of each shift/business day. If you are delayed, you must contact your manager directly and state the reason for the delay. Regular delays in reporting to work will result in disciplinary action and/or loss of pay for the time not worked. Work Week A workweek begins on Monday at 12:01 a.m. and ends on Sunday at 12 Midnight. Breaks Non-exempt, Full-Time Employees—a lunch break of 30 minutes, unpaid, and two 15-minute paid rest breaks per day (unless noted otherwise in collective bargaining agreement). Part-Time Employees—one paid 15-minute break for each 4 hours worked, and 30 minutes unpaid lunch break per day. Nursing Mothers Breaks The City of Hastings complies with state law allowing employees who need to express breast milk for infant children reasonable break time unless it would cause undue business disruption. The paid break time must, if possible, run concurrently with any other break time already provided to the employee. The City of Hastings will make reasonable efforts to provide a room or other location that is shielded from view other than a bathroom or toilet stall, free from intrusion from coworkers and the public and includes access to an electrical outlet for the employee to express her milk in privacy. The City of Hastings will not retaliate against an employee for asserting her rights under this MN statute. Performance Feedback Each and every employee contributes to the success of the City of Hastings. We expect everyone to perform to the highest level possible. Poor job performance can lead to corrective action up to and including termination of employment., It is the City’s expectation that written performance feedback is given to and discussed with each employee at least one time per year. Because our employees’ performance is vital to our success, it is also expected that performance feedback be provided to employees informally throughout the year. Written performance feedback will become part of the employee’s personnel file. We require all employees to participate in the review process when it occurs. VIII-17 23 Chapter 5 Compensation, Payroll and Time Reporting Non-Union Employee Compensation Administration Annually, the City Administrator or designee will prepare and submit to the City Council for its approval a non-union compensation schedule. Any amendments to an adopted pay plan will be based on changes in the position responsibilities, the City’s financial status, market comparisons, general economic conditions, federal or state law or other pertinent factors. Pay Adjustments Employees are generally given pay adjustments at the following times: • At the successful completion of a probationary period; • On January 1 each year as part of a general pay adjustment (cost of living adjustment—may be subject to budget or other conditions) • At such other times as have been negotiated and/or recommended by the City Administrator. Working Out of Classification Employees assigned to temporarily work in a position of a higher classification as a result of an extended absence by a co-worker may qualify for additional compensation. Additional compensation may be warranted if the temporary assignment is for a minimum of 30 consecutive calendar days and upon review of the employee’s current wage and the additional duties assigned as part of the temporary classification. Payroll Payday is every other Friday, for a total of 26 pay periods in a twelve-month period. When payday occurs on a holiday, wages are issued on the day before the holiday. Employees must submit a timesheet, documenting hours worked and time taken within 15-minute increments to be paid. Timesheets are legal documents and are reviewed for accuracy. Failure to submit timesheets in a timely manner or falsification of a timesheet may result in disciplinary action, up to and including termination. The City requires direct deposit of payroll checks to all regular full- and part-time employees, seasonal and temporary employees, election judges, and elected officials. Payroll Deductions All mandatory deductions (and withholdings), such as federal income tax, Social Security, state, city and/or local income tax and disability, as applicable, as well as all authorized voluntary payroll deductions, such as for health insurance, other employee benefits and other deductions, as arranged with Human Resources, will be withheld automatically from your paycheck. Longevity Full-time employees and Paid-on-call Firefighter/EMTs earn longevity based upon continuous employment as a regular status full-or part-time employee as follows: 5 years of employment: 1% of salary 10 years of employment: 2% of salary 15 years of employment: 3% of salary VIII-17 24 Longevity credit will accrue as long as there is no break in regular employment status. Time Reporting Full-time, non-exempt employees are expected to work the number of hours per week as established for their position. They will be paid according to the time reported on their timesheet. To comply with the provisions of the federal and state Fair Labor Standards Acts, hours worked, and any leave time used by non-exempt employees are to be submitted to payroll on a bi-weekly basis. Time shall be accounted for in 15-minute increments. False reporting on a timesheet may be cause for discipline, up to and including termination. Overtime and Compensatory Time The City of Hastings will determine whether each position is designated as exempt or non-exempt. Generally, employees in executive, administrative and professional job classes, as defined by Fair Labor Standards Act, are exempt; all others are non-exempt. A. Non-Exempt Employees For all non-exempt employees defined by the Fair Labor Standards Act (FLSA), 40 hours constitutes a normal working week. All hours worked in excess of 40 hours in a week will be referred to as overtime. Supervisors are responsible for scheduling work to minimize overtime. All hours worked in excess of 40 hours in a week must be approved prior to being worked. For purposes of completing timesheets and calculating overtime hours worked shall be defined as those hours actually worked or accounted for by holidays. Use of vacation, sick, or compensatory time does not count towards hours worked for calculating overtime eligibility. The employee’s supervisor must approve overtime hours in advance. An employee who works overtime without prior approval may be subject to disciplinary action. When assigned work by their immediate supervisor in excess of 40 hours in a workweek, non- exempt employees are eligible to accrue compensatory time or be paid overtime at a rate of 1.5 their regular rate of pay. Compensatory time may be accrued up to 80 hours. Compensatory time is to be requested off in the same manner as other leave requests. B. Exempt Employees For all employees specifically exempted from the overtime provisions of the FLSA, all hours worked in excess of 80 hours in two-week period shall be eligible for earning compensatory time at straight time. Compensatory time may be accrued up to 120 hours. Compensatory time is to be requested off in the same manner as other leave requests. Exempt employees are expected to work the hours necessary to meet the performance expectations outlined by their supervisors, and therefore generally need to work 40 or more hours per work. Exempt employees are paid on a salary basis. This means they receive a predetermined amount of pay each pay period and are not paid by the hour. Their pay does not vary based on the quality or quantity of work performed. Wage Disclosure Protections The City of Hastings will not prohibit employees from discussing their wages as a condition of employment. Per Minnesota Statute 181.172, the City of Hastings will not require an employee to sign a VIII-17 25 waiver or other document that takes away their right to disclose their wages. Nothing in this section shall be construed to: • Create an obligation for the employer or employee to disclose wages; • Permit an employee, without the written consent of the employer, to disclose proprietary information, trade secret information, or information that is otherwise subject to a legal privilege or protected by law; • Diminish any existing rights under the National Labor Relations Act under United States Code, Title 29; or • Permit the employee to disclose wage information of other employees to a competitor of their employer. The City will not retaliate against an employee for asserting their rights or remedies under Minnesota Statute. VIII-17 26 Chapter 6 Benefits Eligibility and Enrollment Employee benefits apply to those employees hired for regular, full-time employment (2080 hours/year). Employees hired for regular employment less than full-time may be eligible for certain benefits. The selection of carrier and determination of benefits for employee group insurance is at the discretion of the City of Hastings. The City will determine any amount of City contribution towards insurance. Any additional cost beyond what is provided by the City shall be payable by employee deductions. Employees will have an opportunity on an annual open enrollment basis to review and change their insurance selections. Employees may also have a qualifying event that sparks a special enrollment period. See Human Resources for details. Health Insurance All regular, non-union, full-time employees are provided single health insurance coverage paid by the City. All regular full-time employees may elect family health insurance at the employee’s cost. Life Insurance All regular, non-union full-time employees are provided a $50,000 life and AD&D policy paid by the City. Additional coverage may be applied for by an employee at the employee’s cost. Long Term Disability All regular, non-union, full-time employees are provided with a long-term disability policy paid by the City. Dental Insurance All regular full and part-time employees are eligible to purchase dental insurance through the City’s group dental policy at the employee’s cost. Vision Insurance All regular full- and part-time employees are eligible to purchase eye care insurance through the City’s group eye care policy at the employee’s cost. Flexible Spending Account All regular full and part-time employees are eligible to annually direct up to $5,000 into a Dependent Care Reimbursement Account to pay for day care expenses and/or up to $3,000 into a Medical Spending Reimbursement Account to pay for eligible health care expenses that would otherwise be paid out of pocket. Deferred Compensation Under section 457 of the IRS code, an employee may generally defer a maximum of 25% of pre-tax income, up to an annual maximum, through payroll deduction. Roth IRA Employees may participate in a Roth IRA through payroll deduction. VIII-17 27 Employee Assistance Program Employees have confidential access to an Employee Assistance Program (EAP), paid for by the City. An employee having job performance problems may be referred to the EAP provider by their supervisor. In such a situation, it will be the responsibility of the employee to comply with the referrals and recommendations of the EAP provider. If an employee refuses to comply, the matter will be treated in the same way as refusal or failure to comply with other City policies or procedures. Public Safety employees may access mental health professionals through departmental programs. Public Employee’s Retirement Association (PERA) In accordance with state law, employees are required to participate in the Public Employee’s Retirement Association (PERA). See PERA website for eligibility for specific programs. Employee Recognition The City has adopted a program to annually recognize employees’ continuous length of service. Recognition awards of a nominal value will be given to employees celebrating years of service as a full or part-time employee in 5-year increments, as adopted by the City Council. The annual recognition program has been approved by the Hastings City Council and is part of the City’s compensation plan. VIII-17 28 Chapter 7 Holidays Holidays All regular full and part-time non-union employees will receive the following holidays off with pay: New Year’s Day Martin Luther King, Jr. Day President’s Day Memorial Day Independence Day Labor Day Veterans Day Thanksgiving Day Day after Thanksgiving Christmas Day Two Floating Holidays Regular, part-time employees receive holiday pay on a prorated basis for all City holidays, regardless of whether they are scheduled to work on the day on which the holiday is recognized. This may result in adjusting schedules to maintain the number of budgeted hours for that position. A holiday that falls on a Saturday will be observed the preceding Friday. A holiday that falls on a Sunday will be observed the following Monday. Floating Holidays New employees who begin employment by June 30 are eligible for two floating holidays. Employees who begin employment after June 30 are eligible for one floating holiday that year. Regular, part-time employees will receive credit for floating holidays on a pro-rated basis, subject to the budgeted hours scheduled. Floating holidays must be taken in the full increment earned, and cannot be carried over to the next calendar year. VIII-17 29 Chapter 8 Leaves of Absence Vacation All regular full-time employees are eligible to accrue vacation according to the following schedule (unless noted differently in the respective collective bargaining agreement): Years of Service (date of hire) Annual Accrual Hours Days 0-1 80 10 Beginning of 2nd year 96 12 Beginning of 6th year 104 13 Beginning of 7th year 112 14 Beginning of 8th year 120 15 Beginning of 9th year 128 16 Beginning of 10th year 136 17 Beginning of 11th year 144 18 Beginning of 12th year 152 19 Beginning of 13th year 160 20 Beginning of 14th year 168 21 Beginning of 15th year 176 22 Beginning of 20th year 200 25 Regular, part-time employees will earn vacation on a prorated basis, up to the maximum accrual equal to a full-time employee accrual rate. For new hires, the City Administrator may consider other years of experience for vacation accrual rates. All vacation requests are subject to the approval of the supervisor and department head. Unauthorized time off may be considered leave without pay and subject to discipline. Vacation may be accrued up to the following maximum: Years of Service Maximum Accumulation 0-5 120 hours VIII-17 30 6-10 180 hours 11+ 300 hours Non-Exempt employees—no vacation will be earned over the maximum allowable hours at any one time. Exempt Employees—vacation may be earned over the maximum allowable hours during the calendar year. Any hours over that maximum must be used by the employee by December 31 of each year or it will be forfeited by the employee. Sick Leave All regular full-time employees are eligible to accrue sick leave at a rate of 96 hours per twelve-month period. Regular part-time employees will earn sick leave on a prorated basis, up to the maximum accrual equal to a full-time employee accrual rate. Sick leave may be accumulated to a maximum of 960 hours. Sick leave may be granted only for absence from duty because of personal illness, medical appointments, personal accident, job-related accident, legal quarantine, personal medical disability, care for immediate family member with medical disability or serious illness in the immediate family. Immediate family is defined as the employee’s spouse, parent, child(ren)/foster/step child(ren), brother/sister, brother/sister-in-law, mother/father-in-law, grandparents/spouse’s grandparents, grandchildren, step parents, and legal guardians. No advance of sick leave will be allowed. When sick leave is requested for non-emergency and preventative medical appointments, previous approval must be granted by the immediate supervisor. Employees are required to notify their immediate supervisor within 15 minutes of the employee’s scheduled workday if they will be late or not in to work that day for sick leave use. Employees must provide daily updates to their immediate supervisor. Upon request, the employee shall be required to submit medical certification for any absence. An employee may be required, before being permitted to return to work, to provide medical evidence that s/he is able to perform all significant duties of their job in a competent manner and without hazard. Sick leave is not a privilege or a vested right, but rather is a type of insurance that is allowed only when the employee is unable to work for permitted medical reasons. Claiming sick leave when physically fit, unsubstantiated excessive sick leave use, or failure to notify as outlined in this policy may be cause for disciplinary action. Once 960 hours of sick leave has been accumulated, the leave accrual will be as follows: • ½ of the accrual will be placed in a Prolonged Illness Bank. An employee may only use the prolonged illness bank after all other accumulated sick leave has been used. • ½ of the accrual will be earned as additional vacation. All vacation is subject to the maximum accrual cap. VIII-17 31 Sick Leave Donation Employees with at least 40 hours of accrued sick leave may donate up to 32 hours annually to be used by employees experiencing a major, life-threatening disease or condition by the employee, the employee’s spouse, or minor children. Regular full and part-time employees may receive donated sick leave once their leave balance has been exhausted, up to a maximum of 160 hours. This maximum may be waived by the City Administrator on a case-by-case basis. Participation in the sick leave donation program will be voluntary and confidential. There is no cash value payout of donated sick leave. Any unused donated sick leave will be returned to the donated sick leave pool. Funeral Leave Paid time may be used by a regular employee in the case of a death in the immediate family. For full- time employees, up to 40 hours per occurrence may be paid, as actually required and as approved by the department head. Part-time employees are eligible for up to 20 hours per occurrence. Immediate family is defined as the employee’s spouse, parent, child(ren)/step/foster, brother/sister, sister/brother-in-law, mother/father-in-law, grandparents/spouse’s grandparents, grandchildren, step parents, legal guardians. Jury Duty The City will provide employees with paid leave for jury duty in compliance with state statute and in matters related to the employee’s employment with the City. The employee will receive full pay during jury duty, in exchange for submitting any payments received while serving as a juror. Employees retain mileage paid to the employee on jury duty. Jury Duty can last from several days to several months or more. During this time, you will be considered on a leave of absence and will be entitled to continue to participate in insurance and other benefits as if you were working. While serving on Jury Duty, you are expected to call in to your supervisor periodically to keep them apprised of your status. Employees are expected to be at work when their presence is not required in court. Witness and Victim Leave The City will provide reasonable time off work to an employee who is a victim or a witness who is subpoenaed or requested by the prosecutor to attend court for the purpose of giving testimony. The City will also provide reasonable time off work for an employee who is the victim of a violent crime, as well as the victim’s spouse or immediate family member (parent, spouse, child or sibling of the employee) to attend criminal proceedings related to the victim’s case. An employee may also use vacation leave when attending court under this section. An employee must give 48 hours advance notice to the City of their need to be absent under this section unless it is impracticable or an emergency prevents them from doing so. The City may request verification that supports the employee’s need for this type of leave School Conference and Activities Leave All regular employees are entitled to a maximum of 16 unpaid hours per 12-month period to attend school and pre-kindergarten conferences or school related activities for their child which cannot be scheduled during non-work hours. VIII-17 32 Minnesota Pregnancy and Parental Leave Regular employees who have been employed by the City for at least 12 months and who has worked an average of 20 hours per week are provided with up to twelve (12) unpaid weeks of parental leave upon the birth or adoption of a child, per Minnesota statute. This leave can also be used to cover prenatal care, incapacity due to pregnancy, childbirth, or related conditions for female employees. The employee must have worked for the City of Hastings for at least twelve (12) months preceding the request; and for an average number of hours per week equal to one-half the full-time equivalent position in the employee’s job classification during the 12-month period immediately preceding the leave. An employee should request a leave in writing and submit it to the appropriate manager and Human Resources at least 30 days prior to the leave. The leave may begin anytime within twelve (12) months after the birth or adoption of a child, or within twelve (12) months after the child leaves the hospital, if the child remains in the hospital longer than the mother. Prior to the City granting parental leave under this section, benefits eligible to the employee under the Family Medical Leave Act will run concurrently. The maximum allowed unpaid leave under FMLA and Pregnancy and Parental leave is twelve (12) weeks. Pregnancy Accommodation The City of Hastings will provide reasonable accommodations to an employee for health conditions related to pregnancy or childbirth if she so requests, with the advice of her licensed health care provider or certified doula, unless doing so would impose an undue hardship on the company. “Reasonable accommodation" may include, but is not limited to, temporary transfer to a less strenuous or hazardous position, seating, more frequent restroom, food and water breaks, and limits to heavy lifting. At a minimum, the City of Hastings will offer the following accommodations to the pregnant employee without requiring them to seek advice of her licensed health care provider or certified doula: more frequent restroom, food and water breaks; seating; and limits on lifting over 20 pounds. The City of Hastings will not retaliate against an employee for requesting or obtaining accommodation under this section. Further, the City of Hastings shall not require an employee to take a leave or accept an accommodation. Bone Marrow Donation Regular employees who work an average of 20 hours per week are provided up to 40 hours of paid leave for the purpose to undergo a medical procedure to donate bone marrow. An employee may request leave to serve as a bone marrow donor if the employee is a match to someone needing the donation. The employee must notify Human Resources of the need to take leave at least 30 days before the procedure is scheduled to take place. Written medical certification of the need for leave is also required. Leave will not generally be granted more than once in a 12-month period. The City of Hastings will not retaliate against you for requesting or obtaining a Bone Marrow Donor Leave. Military Leave Employees serving in the reserve or National Guard will be entitled to paid and unpaid military leaves of absence as now or hereafter authorized by state and federal statutes. During paid leave to participate in VIII-17 33 National Guard or Reserve training, there shall be no loss of seniority, sick leave, or vacation rights. The employee shall be paid their regular pay while on such leave, not to exceed 15 days per year. Leave in excess of this shall be without pay or be deducted from accrued vacation and compensatory balances. Leave from employment to participate in military duty is addressed in federal law in the Uniformed Services Employment & Reemployment Rights Act ([USERRA]38 USC Sections 4301-4333). Public employees in Minnesota engaged in military service have additional benefits under Minnesota Statutes 192.26-192.261. Continuation of health insurance benefits is available as required by USERRA based on the length of the leave and subject to the terms, conditions and limitations of the applicable plans for which you are otherwise eligible. When an employee returns from Military Leave, they will be reinstated to their previous position or a position of like seniority, status and pay that they would have attained if they had remained continuously employed. For the purpose of determining benefits that are based on length of service, the employee will be treated as if they had been continuously employed. Any employee who has questions about Military Leave, should contact Human Resources for more information. Family Military Leave The City of Hastings will grant an unpaid leave of absence of up to ten (10) working days to qualified employees under the following conditions: • The employee's immediate family member must be a member of the armed forces and has been injured or killed while engaged in active service, or • The employee's immediate family member has been ordered into active service in support of a war or other national emergency. Immediate family member includes parent, child, grandparents, spouse or siblings. The employee should give the City of Hastings as much notice as practicable to take a leave under this policy. Family and Medical Leave Employees who have been employed by the City of Hastings for at least twelve months and have worked a minimum of 1250 hours within the previous twelve-month period are eligible for leave under the provisions of the federal Family and Medical Leave Act (FMLA), found under 29 CFR Part 825. The City intends to comply with federal FMLA definitions and regulations, which will be applied if in conflict with City policy. Eligible Leave The following constitutes eligible leave: to care for the employee’s newborn or newly-placed adopted or foster child; to care for an immediate family member (the employee’s parent, child or spouse) with a serious health condition, and the employee’s own serious health condition which prevents the employee from performing the essential functions of the position. Federal FMLA law defines eligible leave. In accordance with the National Defense Authorization Act of 2008, employers must also grant eligible employees FMLA leave for family members called to active military duty and additional leave (up to 26 VIII-17 34 weeks) to care for family members injured while on active military duty. See Human Resources for additional details on these types of leave. Notification Eligible employees must provide written notice at least 30 days in advance if the leave is foreseeable. If a 30-day notice is not possible, as much advance notice as practical must be given. Planned medical treatment should be scheduled so that it will not unduly disrupt the City’s operations. The City may place an employee on FMLA leave if leave taken by the employee is more than three days in length and which qualifies as an FMLA-qualifying event. Length The length of the leave will not exceed 12-weeks in a 12-month period. The 12-month period is measured forward from the first date eligible leave is used. Leave may be taken on an intermittent schedule only if it does not unduly disrupt the operations of the City or it is medically necessary for a serious medical condition for the employee, the employee’s spouse, child, or parent. Medical Certification The City may request a certification from a health care provider to support a requested and/or eligible leave under FMLA provisions to care for a serious health condition. The certification will contain the following information: • The date the condition(s) began and the probable duration; • Diagnosis and treatment prescribed; • Appropriate medical facts; • A statement that the eligible employee is needed to care for the child, spouse, or parent and the estimated time that said employee is needed to care for the family member; • A statement that the employee is unable to perform the functions of the employee’s job; • In the case of intermittent leave, the dates on which such treatment is expected to be given and the duration of said treatment. The City may require a second medical opinion at the City’s expense. Where there are conflicting medical opinions, a third and deciding opinion may be required by the City, at the City’s expense. The third provider will be agreed to jointly by the City and the employee and that provider’s opinion shall be considered to be final and binding. Leave Employees will be required to use all accrued leave available prior to taking an unpaid leave. The use of paid leave occurs simultaneously with FMLA and does not extend the length of FMLA leave. Insurance During FMLA leave, health insurance coverage will be maintained at the same level and under the same conditions as if the employee continued working. Employees will be responsible for payment of the employee’s portion of premiums in a timely manner. The employee may choose not to maintain insurance coverage during an unpaid FMLA leave. VIII-17 35 Return to Work The City may require a medical certification attesting to the employee’s fitness for duty prior to return to work, which must attest to the employee’s ability to perform the essential functions of the position. The City may deny reinstatement until such certification is provided. If an employee fails to return to work, or returns to work for less than 30 days following FMLA-eligible leave, the City may recover the premiums paid by the City for group health benefits. Medical Information The City of Hastings has adopted a policy that protects the privacy and confidentiality of protected health information (PHI) whenever it is used by City representatives. The private and confidential use of such information will be the responsibility of all individuals with job duties requiring access to PHI in the course of their jobs. PHI refers to individually identifiable health information received by the City’s group health plans and/or received by a health care provider, health plan or health care clearinghouse that relates to past or present health of an individual or for payment of health care claims. PHI information includes medical conditions, health status, claims experience, medical histories, physical examinations, genetic information and evidence of disability. Annually, or as necessary, the City performs enrollment, changes in enrollment and payroll deductions, helps in claims problem resolution and explanation of benefits issues, and assists in coordination of benefits with other providers. Some or all of these activities may require the use or transmission of PHI. Thus, all information related to these processes will be maintained in confidence and employees will not disclose PHI from these processes for employment-related actions. Personnel record and disclosures of PHI will be maintained for a period of six (6) years as required by federal law, unless a state law requires a longer retention period. Records that have been maintained for the maximum interval will be destroyed in a manner to ensure that such data is not compromised in the future in accordance with the company record destruction policy. Unpaid Leave of Absence Employees may be granted an unpaid leave of absence after all accrued leave has been exhausted, based on legal requirements, City operational needs, and the employee’s performance record and length of service. Requests for an unpaid leave of absence must be in writing. The City Administrator may approve qualifying unpaid leaves of absence up to the length of FMLA-eligible leave. Unpaid leaves in excess of FMLA and/or leaves which do not qualify for FMLA eligibility may be approved up to 30-days in length by the City Administrator; any leave in excess of 30 days must be approved by the City Council. Leave accruals will be pro-rated based on the number of hours worked, if any. Severe Weather When severe weather conditions prohibit employees from reporting to or completing the employee’s regular work shift, only those hours actually worked shall be paid. Hours not worked must be accounted through vacation or compensatory time. Time off to Vote All eligible employees are encouraged to vote. While many polling facilities are open to accommodate working voters, employees eligible to vote in an election may take time off on Election Day for a VIII-17 36 reasonable period to vote without loss of wages or salary. A reasonable period includes the time necessary to appear at the employee's polling place, cast a ballot, and return to work on the day of that election. “Election” for purposes of this section includes a regularly scheduled state primary or general election, an election to fill a vacancy for a US senator or representative, and a presidential primary. Election Judges An employee who is selected to serve as an election judge pursuant to section 204B.21, subdivision 2, after giving the City at least 20 days' written notice, may be absent from work for the purpose of serving as an election judge without penalty. The City may reduce the salary or wages of an employee serving as an election judge by the amount paid to the election judge by the appointing authority during the time the employee was absent from the place of employment. Leave Without Approval Employees must receive prior approval for an absence from work for foreseeable events and as soon as possible for unforeseeable events. Any absence from duty without approval by the employee’s supervisor or appropriate designee may be subject to discipline, up to and including discharge. An employee who is absent from work without approval for three working days in a one-year period may be considered to have voluntarily resigned from employment with the City. VIII-17 37 Chapter 9 Respectful Workplace The City of Hastings is committed to creating and maintaining a public service workplace free of harassment and discrimination. Such harassment is a violation of Title VII of the Civil Rights Act of 1964, the Minnesota Human Rights Act, and other related employment laws. In keeping with this commitment, the City maintains a strict policy prohibiting unlawful harassment, including sexual harassment. This policy prohibits harassment in any form, including verbal and physical harassment. Discriminatory behavior includes inappropriate remarks about, or conduct related to a person’s legally protected characteristic such as race, color, creed, religion, national origin, disability, sex, gender, pregnancy, marital status, age, sexual orientation, gender identity, or gender expression, familial status, or status with regard to public assistance This policy statement is intended to make all employees, volunteers, members of boards and commissions, applicants, contractors/vendors, and elected officials and members of the public aware of the matter of harassment, but specifically sexual harassment, to express the City’s strong disapproval of harassment, to advise employees against this behavior and to inform them of their rights and obligations. The most effective way to address any sexual harassment issue is to bring it to the attention of management. Maintaining a work environment free from harassment is a shared responsibility. This policy is applicable to all city employees, volunteers, applicants, contractors/vendors, members of boards and commissions, City Council members, and members of the public both in the workplace and other City- sponsored social events. It is also the policy of the City of Hastings to maintain a work environment that maintains employee equality, respect, and dignity. In keeping with that commitment, the City of Hastings maintains a strict policy prohibiting any form of unlawful employee harassment based on race, color, creed, religion, national origin, sex, marital status, familial status, sexual orientation or identity, disability, political affiliation, age, status with regard to public assistance or veteran status. Harassment, whether verbal, physical or environmental, and whether in the workplace or in outside workplace sponsored settings, is unacceptable and will not be tolerated. The intent of this policy is to provide general guidelines about the conduct that is and is not appropriate in the workplace. The City of Hastings acknowledges that this policy cannot possibly predict all situations that may arise, and also recognizes that some employees are exposed to disrespectful behavior, and even violence, by the very nature of their jobs (e.g. police officers). Examples of conduct that may constitute a violation of the City’s policy against harassment may include but are not limited to: • Conduct or communication that interferes with an employee’s well-being or work performance or creates an atmosphere that is intimidating, hostile, or offensive. • Actions as rudeness, angry outbursts, inappropriate humor, vulgar obscenities, name calling, disrespectful language, or any other behavior regarded as offensive by a reasonable person. • The deliberate or careless expression of epithets, slurs, negative stereotyping, or threatening, intimidating or hostile acts that relate to a protected class characteristic. This includes acts or VIII-17 38 statements that purport to be “jokes” or “pranks”, but that are hostile, demeaning or are otherwise found to be offensive by the individual(s) witnessing the act or statement. Sexual Harassment One specific kind of disrespectful and illegal behavior is sexual harassment. Sexual harassment, which can consist of a wide range of unwanted and unwelcome sexually directed behavior, has been specifically defined by the Equal Employment Opportunity Commission (EEOC) as unwelcome sexual advances, requests for sexual favors, and other verbal and physical conduct of a sexual nature when: • Submission to such conduct is explicitly or implicitly a term or condition of an individual’s employment; or • Submission to or rejection of the conduct by an individual is used as the basis for employment decision affecting such individual; or • The conduct has the purpose or effect of substantially interfering with an individual’s work performance or creating an intimidating, hostile, or offensive work environment. Sexual harassment includes, but is not limited to, such actions as: • Unwelcome sexual remarks or compliments, sexual jokes, sexual innuendo or proposition and sexually-suggestive gestures, body language or facial expressions or abuse; • Subtle or overt pressure for sexual activity; • Physical contacts such as patting, pinching, touching, kissing, or constant brushing against another’s body; • Demands for sexual favors that affect the individual’s employment status or consideration. Reporting Any incident of harassment or sexual harassment should promptly be reported to any of the following: the employee’s supervisor, their supervisor’s supervisor, a department head, the Human Resources Director, the City Administrator, or the City Attorney. Sexual harassment by any one City employee against another City employee will not be tolerated and will be grounds for dismissal. In addition to notifying one of the above persons and stating the nature of the harassment, the employee is also encouraged to take the following steps, if the person feels safe and comfortable doing so. If there is a concern about the possibility of violence, the individual should use their discretion to call 911, and/or take other reasonable action, and as soon as feasible, a supervisor. 1. The employee should communicate to the harasser the conduct is unwelcome. The employee should professionally, but firmly, tell whoever is engaging in the disrespectful behavior how the employee feels about their actions, and request the person to stop the behavior because the employee feels intimidated, offended, or uncomfortable. If practical, the employee may want to bring a witness for this discussion. 2. In some situations, such as with an offender from the public, it is preferable to avoid one-on-one interactions. The employee should talk to their supervisor about available options to ensure there are others available to help with transactions with an offender. 3. To reiterate, it’s important that the employee notify a supervisor, the Human Resources Director, the City Administrator of the employee’s concerns promptly. Any employee who VIII-17 39 observes sexual harassment or discriminatory behavior, or receives any reliable information about such conduct, must report it promptly to a supervisor, the Human Resources Director, or the City Administrator. The person to whom the employee speaks is responsible for documenting the issues and for giving the employee a status report on the matter. If, after what is considered to be a reasonable length of time, the complaining employee believes inadequate action is being taken to resolve their complaint/concern, the next step is to report the incident to the next level supervisor, the City Administrator, or the City Attorney. The City urges conduct which is viewed as offensive be reported immediately to allow for corrective action to be taken through education and immediate counseling, if appropriate. The City takes these complaints seriously and has the obligation to provide an environment free of sexual harassment. The City is obligated to prevent and correct unlawful harassment in a manner which does not abridge the rights of the accused. To accomplish this task, the cooperation of all employees is required. In the case of a sexual harassment complaint, a supervisor must report the allegations promptly to the City Administrator. If the City Administrator is the subject of the complaint, then the supervisor is to report the complaint to the City Attorney. A supervisor must act upon such a report even if requested otherwise by the victim. The City will take proportionate corrective action to correct any and all reported harassment to the extent evidence is available to verify the alleged harassment and any related retaliation. As noted later in this policy, retaliation is strictly prohibited. All allegations will be investigated. Formal investigations will be prompt, impartial, and thorough. Strict confidentiality is not possible in all cases of sexual harassment as the accused has the right to answer charges made against them; particularly if discipline is a possible outcome. Reasonable efforts will be made to respect the confidentiality of the individuals involved, to the extent possible. Any investigation process will be handled as confidentially as practical and related information will only be shared on a need-to-know basis and in accordance with the Minnesota Government Data Practices Act and/or any other applicable laws. To facilitate fostering a respectful work environment, all employees are encouraged to respond to questions or to otherwise participate in investigations regarding alleged harassment. The City is not voluntarily engaging in a dispute resolution process within the meaning of Minn. Stat. § 363A.28, subd. 3(b) by adopting and enforcing this workplace policy. The filing of a complaint under this policy and any subsequent investigation does not suspend the one-year statute of limitations period under the Minnesota Human Rights Act for bringing a civil action or for filing a charge with the Commissioner of the Department of Human Rights. When the supervisor is the alleged harasser, a report will be made to the City Administrator who will assume the responsibility for investigation and discipline. For more information about what to do when allegations involve the City Administrator, the Mayor, or a Councilmember, see below. If the City Administrator is the alleged harasser, a report will be made to the City Attorney who will confer with the Mayor and City Council regarding appropriate investigation and action. If a Councilmember is the alleged harasser, the report will be made to the City Administrator and referred to the City Attorney who determine the appropriate investigation and action. The City Attorney will report their findings to the City Council, which will take the action it deems appropriate. VIII-17 40 Pending completion of the investigation, the City Administrator may at his/her discretion take appropriate action to protect the alleged victim, other employees, or citizens. The City will take reasonable and timely action, depending on the circumstances of the situation. If an elected or appointed City official (e.g., council member or commission member) is the victim of disrespectful workplace behavior, the City Attorney will be consulted as to the appropriate course of action. In cases such as these, it is common for the City Council to authorize an investigation by an independent investigator (consultant). The City will take reasonable and timely action, depending on the circumstances of the situation. Retaliation The City of Hastings will not tolerate retaliation or intimidation directed towards anyone who reports employment discrimination, serves as a witness, participates in an investigation, and/or takes any other actions protected under federal or state discrimination laws, including when requesting religious or disability accommodation. Retaliation includes, but is not limited to, any form of intimidation, reprisal, or harassment. Retaliation is broader than discrimination and includes, but is not limited to, any form of intimidation, reprisal or harassment. While each situation is very fact dependent, generally speaking retaliation can include a denial of a promotion, job benefits, or refusal to hire, discipline, negative performance evaluations or transfers to less prestigious or desirable work or work locations because an employee has engaged or may engage in activity in furtherance of EEO laws. It can also include threats of reassignment, removal of supervisory responsibilities, filing civil action, deportation or other action with immigration authorities, disparagement to others or the media and making false report to government authorities because an employee has engaged or may engage in protected activities. Any individual who retaliates against a person who assists, or participates in an investigation may be subject to disciplinary action up to and including termination. If any employee feels retaliation is occurring within the workplace, the employee should report their concern immediately to any of the following: the employee’s immediate supervisor, the employee’s supervisor’s supervisor, the City Administrator, the Mayor or City Councilmember. In the event an employee feels retaliation has occurred by the City Administrator or the City Council, then reporting may be made to the City Attorney. Supervisors who have been approached by employees with claims of retaliation will take the complaint seriously and promptly report the allegations promptly to the City Administrator, or if the complaint is against the City Administrator to the City Attorney, who will decide how to proceed in addressing the complaint. Consistent with the terms of applicable statutes and City personnel policies, the City may discipline any individual who retaliates against any person who reports alleged violations of this policy. The City may also discipline any individual who retaliates against any participant in an investigation, proceeding or hearing relating to the report of alleged violations. VIII-17 41 Abusive Customer Behavior The City has a strong commitment to customer service; however, it does not expect that employees have to tolerate disrespectful behavior or verbal abuse from any customer. An employee may request that a supervisor intervene when a customer is abusive, or they may choose to try to defuse the situation themselves, including terminating the contact with the abusive customer. Bullying Policy The purpose of this policy is to communicate to all employees, including supervisors and department heads, that the City of Hastings will not in any instance tolerate bullying behavior. Employees found in violation of this policy will be disciplined, up to and including termination of employment. The City of Hastings defines bullying as repeated, health-harming mistreatment of one or more persons (the targets) by one or more perpetrators that takes one or more of the following forms: verbal abuse, offensive conduct/behaviors (including nonverbal) which are threatening, humiliating or intimidating, work interference – sabotage – which prevents work from getting done. Bullying is also defined as harassing another person (for example, making obscene phone calls or using threatening body language or gestures, such as standing close to someone or shaking your fist at them). The City of Hastings is committed to enforcing this policy against all forms of workplace bullying. However, the effectiveness of our efforts depends largely on employees telling us about all incidents of workplace bullying, including threats. Employees who feel they have experienced or witnessed any workplace bullying should report it immediately by following reporting recommendations in the earlier section of this chapter. If employees do not report workplace bullying incidents, the City of Hastings may not become aware of a possible violation of this policy and may not be able to take appropriate corrective action. Violence Prevention The City of Hastings is committed to preventing workplace violence and to maintaining a safe work environment. Violent behavior includes the use of physical force, harassment, or intimidation. The City has adopted the following guidelines to deal with intimidation, harassment, or other threats of (or actual) violence that might occur during business hours or on our premises. Employees are expected to refrain from fighting, “horseplay,” or other conduct that may be dangerous to others. The City prohibits firearms, weapons, and other dangerous or hazardous devices and substances from City premises without proper authorization. The City of Hastings will not tolerate conduct that threatens, intimidates, or coerces another employee, a customer, or a member of the public at any time, including off-duty periods. All threats of (or actual) violence, either direct or indirect, should be reported as soon as possible to the employee’s supervisor or Human Resources. This includes threats by employees as well as threats by customers, vendors, solicitors, or anyone else. When reporting a threat of violence, you should be as specific and detailed a possible. Be sure to report any suspicious person or activities as soon as possible to a supervisor. No employee should place themselves in peril. VIII-17 42 The City will promptly and thoroughly investigate all reports of threats of (or actual) violence and of suspicious individuals or activities. The identity of the person who made the report will be protected to the extent practical. To maintain workplace safety and the integrity of its investigation, the City of Hastings may suspend an employee, either with or without pay, pending investigation. Any person who violates these guidelines will be subject to corrective action, up to and including termination of employment. Violations include making a threat of violence or committing a violent act. If an employee is having a dispute or difference with another employee, the employee is encouraged to discuss it with their supervisor or Human Resources before the situation escalates into potential violence. The City of Hastings is eager to assist in the resolution of employee disputes and will not discipline an employee for raising these types of concerns. Policy Prohibiting Weapons in the Workplace This policy applies to regular full and part-time employees, temporary and seasonal employees, firefighters, independent contractors, and anyone else who is employed and/or contracted by the City of Hastings. Possession, carrying, concealing, using or storing or weapons or ammunition is prohibited on City property, in City vehicles, or in any personal vehicle which is used for City business, other than by licensed sworn police officers. A “weapon” includes, without limitation guns, pistols, clubs and any other item the purpose of which is to threaten or inflict bodily harm upon any person. This policy applies, without limitation, to concealed weapons for which a valid permit has been issued and to all persons to whom a valid permit to carry a concealed weapon has been issued. An employee who has a valid permit to carry a concealed weapon may, when not acting within the course and scope of their employment, carry or possess that weapon in City-owned parking area, but in no other location on the City of Hastings premises or a client's premises. Weapons other than concealed weapons for which a valid permit has been issued are prohibited in city owned parking areas. Employees who violate this policy are subject to corrective action up to and including termination of employment. Any firearm brought onto City-owned parking areas by an employee must be placed out of sight in the personal vehicle and the vehicle must be locked. VIII-17 43 Chapter 10 Separation from Service Advance Resignation Notice Program The City’s Advance Resignation Notice Program is designed to improve the efficiency and stability of the City’s workforce by encouraging employees to give the City advance notice of their intent to resign or retire. The City offers a one-time payment to eligible employees based on years of service and amount of advanced notice. Forms are available on the City Intranet. Resignation An employee wishing to resign from City employment in good standing will provide written notice at least fourteen (14) calendar days in advance, stating the effective date and the reason for leaving. Failure to comply with this procedure may be considered cause for denying employee severance pay and future employment with the City. Unauthorized absences for a period of three consecutive work days may be considered as a resignation without notice. Employees must be in good standing and provide proper notice in order to be eligible for the payout of accrued but unused leave. In the case of termination resulting in misconduct, unused leave will not be paid out. If a 14-day notice is not provided, unused leave will be forfeited and will not be paid out upon exit. An employee is expected to work their regular schedule during the notice period preceding resignation. The last day actually worked will be recorded as the employee’s official date of separation from employment. Accrued leave or holidays may not be used on an employee’s last day of employment. Retirement Retirement is defined as voluntary separation from employment when the employee is immediately eligible, based on age and/or service requirements, for payout from the Public Employee’s Retirement Association (PERA). An employee wishing to retire from City employment in good standing will provide written notice at least fourteen (14) days in advance, stating the effective date. Employees eligible for City-paid health insurance must comply with the notification requirements as outlined later in this chapter. An employee is expected to work their regular schedule during the notice period preceding retirement. The last day actually worked will be recorded as the employee’s official date of separation from employment. Accrued leave or holidays may not be used on an employee’s last day of employment. Layoff The City may layoff an employee due to a work shortage, lack of funds, abolition of a position, any material changes in the duties of a position or the organization, or other reasons. The duties performed by any laid-off employee may be reassigned to other employees who occupy positions in other classes. No regular full or part-time employees will be laid off while there are temporary or probationary employees serving in the same class of position for which the regular employee is qualified, eligible, and available. No suspension, demotion, or dismissal of an employee will be considered a layoff, nor will separation as a result of reduction or cessation of federal or state funded programs be considered a layoff. The City will provide written notice of a layoff at least fourteen calendar days in advance of the effective date of the layoff. Laid off employees may be recalled from layoff on the basis of seniority for a period VIII-17 44 of up to one year. Employees who are offered their former position and refuse it shall be considered resigned. Laid off employee for a period of longer than one year shall be considered dismissed. Dismissal The City may dismiss any employee at any time for misconduct, inefficiency, incompetence, violation of work rules, or other sufficient cause. Dismissal may be grounds for denial of payout of sick, vacation or other applicable leave. Severance Employees who separate from employment in good standing may be eligible for payout of sick leave, compensatory time, and vacation leave balances. Eligibility and payout rates are outlined below or defined by the appropriate bargaining agreement. A. Vacation – A regular employee who separates employment will receive payment of all accrued vacation time, up to the maximum accumulation allowed, except in circumstances otherwise addressed earlier in this chapter. B. Sick Leave –A regular employee who has completed five years of service is eligible for a payout of 25% of the balance of accrued unused sick leave (maximum payout of 320 hours – 25% of 1280 hours). A regular employee who has completed ten years of service is eligible for payout of 50% of the balance of accrued unused sick leave and the prolonged illness bank, except in circumstances otherwise addressed earlier this chapter (maximum payout of 640 hours - 50% of 1280 hours). C. Compensatory Time – A regular employee who separates employment will receive payout of all accrued compensatory time, up to the maximum accumulation allowed, except in circumstances otherwise addressed in this chapter. D. Any employee in the non-union, PERA Police and Fire positions with 15 or more years of PERA service will have 100% of their eligible sick leave be paid out to a MSRS Health Care Savings Plan upon separation. City-Paid Health Insurance for Retirees Employees meeting the following criteria will be entitled to City-paid health insurance for a period of up to ten years or until the employee would reach Medicare age, whichever comes first: • Was hired prior to January 1, 1993; • Qualifies for retirement under the City’s definition; • Has at least ten years of service as a regular, full-time employee with the City of Hastings; • Has provided at least four months written notice of their intent to retire. Qualified employees must be enrolled in the health plan they want in place during this City-paid continuation period for at least six months prior to their date of retirement. Regular full-time employees hired after January 1, 1993 are not entitled to City-paid health insurance benefits upon retirement. Full-time employees, who meet the City’s definition of retirement, including those employees who have exhausted their City-paid health insurance benefit, may remain on the City’s group health insurance plan indefinitely at their own expense, as permitted under Minnesota Statute 471.61. VIII-17 45 Insurance Continuation Federal and state insurance continuation laws (Consolidated Omnibus Budget Reconciliation Act [“COBRA”] and Minnesota Statutes 471.617) require employers to offer employees and covered dependents the opportunity to continue to receive health care coverage upon the occurrence of certain qualifying events that would otherwise result in termination of their group health care coverage. Qualified employees are notified of their rights under this continuation when they reduce their working hours to below benefit-earning levels, disability, termination, divorce, children losing dependent status, death, or Medicare entitlement, they may continue their medical insurance for up to 18, 29, 36 months, or indefinitely, depending on the qualifying event and in accordance with Minnesota Continuation Law. The employee must elect continuation within 60 days of the qualifying event. It is the employee’s responsibility to advise Human Resources if dependent coverage is being lost due to any of the above reasons. It is the employee’s responsibility to send in the total cost stated in the COBRA forms by the beginning of each month for that following month, or the City of Hastings will terminate coverage if no payment has been received. Per COBRA guidelines, the employee or their dependents will be responsible for the full cost. Reference Checks The City will provide reference information on current and former employees within the scope of the Minnesota Government Data Practices Act, unless the current or former employee authorizes the release of a fuller disclosure in writing. VIII-17 46 Chapter 11 Drug-Free Workplace Drug Free Workplace/Drug and Alcohol Testing Policy The City of Hastings is a drug free workplace and has adopted pre-employment and reasonable suspicion testing in compliance with State and Federal Statutes. The City of Hastings recognizes that safety problems are created when employees use or abuse illegal drugs and/or alcohol. The City is concerned about providing a safe workplace for its employees with the goal of attaining and maintaining a drug and alcohol-free workplace. The City of Hastings expects all employees to assist in maintaining a work environment free from the effects of alcohol, drugs or other intoxicating substances. Compliance with this substance abuse policy is a condition of employment. The City of Hastings prohibits employees from the possession, use, impairment by, sale, dispensation, distribution, purchase, or unlawful manufacture of un-prescribed drugs and intoxicants on the City of Hastings’ premises and from working under the influence of alcohol, illegal drugs or intoxicants during working hours. Any violator of this substance abuse policy will be subject to appropriate corrective action, up to and including termination of employment. When work is impaired, admission to or use of a treatment or other program does not preclude appropriate action by the City of Hastings. The City also recognizes the concerns of employees if they are part of drug testing in the workplace. In order to guard against inaccurate test results, the testing policies and procedures will conform to the requirements of state law as set forth in Minnesota Statutes Chapter 181 and the Federal Drug-Free Workplace Act of 1988. Employees are required to adhere to the responsibilities and requirements outlined in this section. Failure to submit to testing is grounds for dismissal. A. Definitions Alcohol means ethyl alcohol. Confirmatory Test and Confirmatory Retest mean a drug or alcohol test that uses a method of analysis allowed under the program listed in Minnesota Statute 181.953 Subd. 1. Drug means a controlled substance as defined in Minnesota Statute 152.01, Subd. 4. Drug and Alcohol Testing and “Drug or Alcohol Test” mean analysis of a body component sample according to the standards established under one of the programs listed in Minnesota Statute181.953, Subd. 1 for the purpose of measuring the presence or absence of drugs, alcohol, or their metabolites in the sample tested. Drug Paraphernalia has the meaning set forth in Minnesota Statute 152.01, Subd. 18. Employee means a person employed by the City. This definition includes all employees defined in the City Employee Handbook. Employer means the City of Hastings. Initial Screening Test means a drug or alcohol test which uses a method of analysis under one of the programs listed in Minnesota Statute 181.953, Subd. 1 or alcohol in a sample. VIII-17 47 Job Applicant means a person, who applies to become an employee of the City of Hastings, and includes a person who has received a job offer made contingent on the person passing drug and alcohol testing(s). Positive Test Result means a finding of the presence of drugs, alcohol, or their metabolites in the sample tested in the levels contained in the standards of one of the programs listed in Minnesota Statute 181.953, Subd. 1. Reasonable Suspicion means a basis for forming a belief based on specific facts and rational inferences drawn from those facts. Safety-Sensitive Position means a job, including any supervisory or management position, in which an impairment caused by drug or alcohol usage would threaten the health or safety of any person; all sworn and non-sworn personnel, excluding clerical employees, in the Hastings Police Department are safety-sensitive positions. Under the Influence means having the presence of a drug or alcohol at or above the level of a positive test result. B. Employees subject to Drug or Alcohol Testing No person will be tested for drugs or alcohol under this policy without the person’s consent. The City will request or require an individual to undergo drug or alcohol testing only under the circumstances described in this policy. 1. Job Applicants—job applicants may be requested or required to undergo drug and alcohol testing after a job offer has been conditionally made and before commencing employment in the position. 2. Reasonable Suspicion Testing—The City may request or require an employee to undergo drug and alcohol testing if there is a reasonable suspicion that the employee: a. Is under the influence of drugs or alcohol while the employee is working; while the employee is on the City’s premises; or operating City vehicles, machinery, or equipment; or b. Used, possessed, sold or transferred drugs, alcohol, or drug paraphernalia while the employee is working; while the employee is on City premises; operating City vehicles, machinery, or equipment; or c. Has sustained a work-related personal injury as that term is defined in Minnesota Statue 176.011, Subd. 16, or has caused another person to die or sustain personal injury; or d. Has caused a work-related accident or was operating or helping to operate machinery, equipment, or vehicles involved in a work-related accident resulting in total property damage exceeding $1,000; or e. Has discharged a firearm other than: i. on a target range, or ii. while conducting authorized ballistic tests, or iii. as authorized by City of Hastings Police Department General Order concerning dangerous or suffering animals; or f. Has, as determined only by employee’s department head, or the City Administrator, engaged in an act or omission related to the performance of the job, whether VIII-17 48 committed on or off duty, that logically requires or justifies testing, revealed clear and compelling necessity by the nature of the incident. 3. Required Random Drug and Alcohol Testing for City Employees with Commercial Driver’s Licenses—City of Hastings employees who are required to possess a valid commercial driver’s license as a condition of their employment position are subject to applicable State or Federal random drug testing requirements as established and adopted by the City of Hastings. 4. Other Testing—The City may permit an employee who has requested a drug and alcohol test to undergo testing in accordance with the procedures established by the policy or by State or Federal Law. 5. Treatment Program Testing—The City may request or require an employee to undergo drug and alcohol testing if the employee has been referred by the City for chemical dependency treatment or evaluation or is participating in a chemical dependency treatment program, in which case the employee may be requested or required to undergo drug or alcohol testing without prior notice during the evaluation or treatment period of up to two (2) years following completion of any prescribed chemical dependency treatment program. C. Refusal to Undergo Testing 1. Job Applicants—If a job applicant refuses to undergo drug or alcohol testing requested or required by the City, no such test shall be given, and the job applicant shall be deemed to have withdrawn the application for employment. 2. Employees—If any employee refuses to undergo drug or alcohol testing requested or required by the City, no such test shall be given, and the appointing authority shall recommend that the employee be discharged from employment on the grounds of insubordination. 3. Refusal on Religious Grounds—No employee or job applicant who refuses to undergo drug or alcohol testing of a blood sample upon religious grounds shall be deemed to have refused unless the employee or job applicant also refuses to undergo drug or alcohol testing of a urine sample. D. Procedure for Testing 1. Notification Form—Before requesting an employee or job applicant to undergo drug or alcohol testing, the City shall provide the individual with a form on which to: a. Acknowledge that the individual has seen a copy of the City of Hastings drug and alcohol testing policy, and b. Indicate consent to undergo the drug and alcohol testing. 2. Test Sample—the test sample shall be obtained in a private setting, and the procedures for taking the sample shall ensure privacy to employees and with job applicant to the extent practicable, consistent with preventing tampering with the sample, and may include a witness. No test sample shall be taken on the City’s premises and the test sample shall not be handled by City of Hastings employees. 3. Identification of Samples—Each sample shall be sealed into a suitable container free of any contamination that could affect test results. The sample shall be identified for processing by the licensed testing laboratory. 4. Chain of Custody—the City shall use a testing laboratory that has established reliable chain- of-custody procedures to ensure proper recordkeeping, handling, labeling, and identification of the samples to be tested. The procedures must require the following: a. Possession of a sample must be traceable to the employee from whom the sample is collected through the time the sample is delivered to the laboratory; VIII-17 49 b. The sample must always be in the possession of, must always be in view of, or must be placed in a secure area by a person authorized to handle the sample; c. A sample must be accompanied by a written chain-of-custody record; and d. Individuals relinquishing or accepting possession of the sample must record the time the possession of the sample was transferred and must sign and date the chain of custody record at the time of transfer. 5. Laboratory—the City shall use the services of a testing laboratory that meets one of the following criteria: a. Drug Testing i. Is certified by the National Institute on Drug Abuse as meeting the mandatory guidelines published at 54 Federal Register 11970 to 11989, April 11, 1988; ii. Is accredited by the College of American Pathologists, 325 Waukegan Road, Northfield, Illinois, 60093-2750, under the forensic urine drug testing laboratory program; or iii. Is licensed to test for drugs by the State of New York, Department of Health, under Public Health Law, article 5, title V, and rules adopted under that law. b. Alcohol Testing i. Licensed to test for drugs and alcohol by the state of New York, Department of Health, under Public Health Law, article 5, title V, and the rules adopted under that law; or ii. Accredited by the College of American Pathologists, 325 Waukegan Road, Northfield, Illinois, 60093-2750, in the laboratory accreditation program. 6. Retention and Storage—All samples that produced a positive test result shall be retained and properly stored for at least six (6) months. 7. Test Report—The testing laboratory shall prepare a written report indicating the drugs, alcohol, or their metabolites tested for and whether the test produced negative or positive test results. The testing laboratory shall disclose that report to the City within three (3) working days after obtaining the final test results. a. Notice of Test Results—Within three (3) working days after receipt of the test result from the testing laboratory, the City shall inform an employee or job applicant who has undergone drug or alcohol testing in writing of a negative test result on an initial screening test of a negative test result or of a positive test result on a confirmatory test. The City shall also inform an employee or job applicant to the following rights pursuant to Minnesota Statute 181.953: i. The right to request and receive from the City a copy of the test result report. ii. The right to request within five (5) working days after notice of a positive test result a confirmatory test retest of the original sample at the employee’s or applicant’s own expense. If a confirmatory retest is conducted in accordance with Minnesota Statute 181.953, Subd. 1 by a licensed laboratory at the same threshold detection levels as used in the confirmatory test, and the confirmatory retest does not result in a positive test result, the City shall reimburse the actual cost of the confirmatory retest in an amount not to exceed $100.00. iii. The right to submit information to the City within three (3) working days after a notice of a positive test result to explain that result. VIII-17 50 iv. The right of an employee, for whom a positive test result on a confirmatory test was the first such result on a drug or alcohol test requested by the City, not to be discharged unless the City has first given the employee an opportunity to participate in either a drug or alcohol counseling or rehabilitation program. Participation in a counseling or rehabilitation program will be at the employee’s own expense or pursuant to coverage under an employee’s benefit plan. The City may determine which type of program is more appropriate for the employee after consultation with a certified chemical use counselor or physician trained in the diagnosis of chemical dependency. The employee may be discharged if they have either refused to participate in the counseling or rehabilitation or has failed to successfully complete the program. Withdrawal from the program before its completion or a positive test result on a confirmatory test after completion of the program will be considered evidence that the employee failed to successfully complete the program. v. The right to be reinstated with back pay if the outcome of the confirmatory test or requested confirmatory retest is negative. Employees may be temporarily suspended pending the results of a confirmatory test. vi. The right not to be discharged, disciplined, discriminated against, or required to be rehabilitated on the basis of medical history information revealed to the City concerning the reliability of, or explanation of, a positive test result unless the employee or job applicant was under an affirmative duty to provide the information before, upon, or after hire. vii. The right to access the information on the employee’s personnel file relating to positive test result reports and other information acquired in the drug and alcohol testing process including conclusions drawn from and actions taken based on the reports or other acquitted information. viii. The right of an employee or a job applicant, who has received a job offer made contingent on the applicant passing drug and alcohol testing, to not have the offer withdrawn based on a positive test result from an initial screening test that has not been verified by a confirmatory test. E. Action After Test 1. Job Applicants—The appointing authority will not withdraw an offer of employment made contingent on the job applicant passing drug and alcohol testing based on a positive test result from an initial screening test that has not been verified by a confirmatory test. When there has been a positive test result in a confirmatory test and in any confirmatory retest, the appointing authority will withdraw the contingent offer of employment if the City determined in accordance with the Minnesota Human Rights Act that alcohol or drug usage or abuse: a. Prevents the job applicant from performing the essential functions of the job in question; or b. Constitutes a direct threat to property or the safety of others; or c. Otherwise constitutes a bona fide occupational qualification. 2. Employees—The City will not discharge, discipline, discriminate against, or request or require rehabilitation of an employee solely on the basis of a positive test result from an initial screening test. Where there has been a positive test result in a confirmatory test and in any confirmatory retest, the City may do the following: VIII-17 51 a. First Positive Test Result—Give the employee an opportunity to participate in either a drug or alcohol counseling or rehabilitation program, whichever is more appropriate. The City may determine which program is more appropriate after consultation with a certified chemical use counselor or physician trained in the diagnosis and treatment of chemical dependency. Participation in a counseling or rehabilitation program will be at the employee’s own expense or pursuant to coverage under an employee’s own benefit plan. If the employee either refuses to participate in the counseling or rehabilitation program or fails to successfully complete the program, as evidenced by withdrawal from the program before its completion or by a positive test result on a confirmatory test after completion of the program, and alcohol or drug abuse prevents the employee from performing the essential functions of the job in question or constitutes a direct threat to property or the safety of others or otherwise constitutes a bona fide occupational qualification, the appointing authority will recommend that the employee be disciplined; including but not limited to, discharge from employment. b. Suspensions and Transfers—Notwithstanding any other provisions herein, the City may temporarily suspend the tested employee with pay for up to ninety (90) days or transfer that employee to another position at the same rate of pay pending the outcome of the confirmatory retest, and, if requested, the confirmatory retest, provided that the City believes that it is necessary to protect the health or safety of the employee, co-employees, or the public. c. Other Misconduct—Nothing in this policy limits the right of the City to discipline or discharge an employee on grounds other than a positive test result in a confirmatory test, including for a violation occurring in the workplace. F. Data Privacy—The City of Hastings will not disclose the test result reports and other information acquired in the drug or alcohol testing process to another employee or to a third-party individual, governmental agency, or private organization without the written consent of the employee tested, unless permitted by law or court order. G. Rights of Employees—An employee has the right to offer the City a written explanation of a positive test result on a confirmatory test within three (3) working days after notice of the positive test result, and has a right to request within five (5) working days after notice of a positive test result a confirmatory retest of the original sample at another licensed testing laboratory at the employee’s or job applicant’s own expense. H. Appeals Procedure—The appeals procedure concerning disciplinary actions taken pursuant to this drug and alcohol testing policy are as follows: 1. Temporary Employees—Temporary employees shall have no right of appeal. 2. Non-Veterans on Probation—An employee who has not completed the probationary period and who is not a veteran has no right of appeal. 3. Non-Veterans After Probation—A regular employee who has completed the review period and who is not a veteran has a right to appeal. Disciplinary actions taken pursuant to his drug and alcohol testing policy are appealable pursuant to the procedures established in the City’s Grievance and Discipline policies. 4. Veterans—An employee who is a veteran has the right to appeal to the City Council a permanent demotion (including salary decreases), or a discharge, if the employee submits a notice of appeal within sixty (60) calendar days of the action, regardless of status with respect to the review period. An employee who is a veteran may have additional rights under the Veterans Preference Act, Minnesota Statute 197.46. VIII-17 52 5. Employees Covered under Collective Bargaining Units Contracts—An employee who is covered by a collective bargaining agreement may elect to seek relief under the terms of that agreement by contacting the appropriate union and initiating grievance procedures in lieu of taking up the grievance procedure outlined in the City Employee Handbook. All notices of appeal not covered under a collective bargaining agreement must be submitted in writing to the Hastings City Administrator, 101 4th Street East, Hastings, MN 55033. I. Good Faith Effort—The City of Hastings will make a continuing good faith effort to maintain a drug-free workplace through the implementation of its Drug and Alcohol Testing Policy. VIII-17 53 Information Technology General Information This policy serves to protect the security and integrity of the City’s electronic communication and information systems by educating employees about appropriate and safe use of available technology resources. Computers and related equipment used by City employees are property of the City. The City reserves the right to inspect, without notice, all data, emails, files, settings, or any other aspect of a City-owned computer or related system, including personal information created or maintained by an employee. The City may conduct inspections on an as-needed basis as determined by City Administration. Beyond this policy, the city’s Information Technology department may distribute information regarding precautions and actions needed to protect City systems; all employees are responsible for reading and following the guidance and directives in these communications. Personal Use Personal use of City computers and software is allowed but should be limited due to security risks. Permitted Use All use of City computers and software, including personal use, must adhere to provisions in this policy, including the following: • Employees shall not connect personal peripheral tools or equipment (such as printers, digital cameras, disks, USB drives, smart phones, or tablets) to City-owned systems, without prior approval from the Information Technology department. If permission to connect these tools/peripherals is granted, the employee must follow provided directions for protecting the City’s computer network. • Personal files should not be stored on City computer equipment. This also applies to personal media files, including but not limited to mp3 files, wav files, movie files, iTunes files, or any other file created by copying a music CD, DVD, or files from the Internet. Information Technology staff will delete these types of files if found on the network, computers, or other City-owned equipment. Exceptions would be recordings for which the City has created, owns, purchased, or has a license. • City equipment or technology shall not be used for personal business interests, for-profit ventures, political activities, or other uses deemed by the City Administrator to be inconsistent with City activities. If there is any question about whether a use is appropriate, it should be forwarded to City Administration for a determination. Hardware In general, the City will provide the hardware required for an employee to perform his or her job duties. Requests for new or different equipment should be made to your supervisor, who will forward the request to the Information Technology department. Only City staff may use City technology equipment. Use of City equipment by family members, friends, or others is strictly prohibited. VIII-17 54 Employees are responsible for the proper use and care of City-owned computer equipment. City computer equipment must be secured while off City premises; do not leave computer equipment in an unlocked vehicle or unattended at any offsite facility. Computer equipment should not be exposed to extreme temperature or humidity. If a computer is exposed to extreme heat, cold, or humidity, it should be allowed to achieve normal room temperature and humidity before being turned on. Software In general, the City will provide the software required for an employee to perform their job duties. Requests for new or different software should be made to your supervisor, who will forward the request to the Information Technology department. Employees shall not download or install any software on their computer without the prior approval of the Information Technology department. Exceptions to this include updates to software approved by IT such as Microsoft updates, or other productivity software updates. The IT department may, without notice, remove any unauthorized programs or software, equipment, downloads, or other resources. Electronic Mail The City provides employees with an email address for work-related use. Personal use of the City email system by employees is not allowed. Employee emails may be considered public data for both e-discovery and information requests and may not be protected by privacy laws. Email may also be monitored as directed by the City authorized staff and without notice to the employee. Employees must adhere to these email guidelines: • Never transmit an email that you would not want your supervisor, other employees, members, city officials, or the media to read or publish (e.g., avoid gossip, personal information, swearing, etc.). • Use caution or avoid corresponding by email on confidential communications (e.g., letters of reprimand, correspondence with attorneys, medical information). • Do not open email attachments or links from an unknown sender. Delete junk or “spam” email without opening it if possible. Do not respond to unknown senders. • Do not use harassing language (including sexually harassing language) or any other remarks, including insensitive language or derogatory, offensive, or insulting comments or jokes. Personal Devices Employees may choose to use their own equipment to read or compose email or other City data as governed in this policy. Employees understand that by connecting their personal equipment to the City’s email server, their personal devices could be searched during an e-discovery or other court-ordered scenarios, and agree to grant access to their personal devices should such a situation arise. Security Passwords Employees are responsible for maintaining computer/network passwords and must adhere to these guidelines: VIII-17 55 • Passwords must be at least eight characters long and include at least three of the following: lowercase character; uppercase character; and a number or non-alpha-numeric character (e.g., *, &, %, etc.). Password requirements may be changed as necessary, as determined by the Information Technology Manager. • Passwords should not be shared or told to other staff. If it is necessary to access an employee’s computer when they are absent, contact your supervisor or the Information Technology department. • Passwords can be stored in an encrypted password manager provided by the IT department. They should not be stored in any location on or near the computer, or stored electronically such as in a cell phone or other mobile device. • Employees must change passwords every 90 days when prompted, or on another schedule as determined by the Information Technology Manager. Network access Non-City-owned computer equipment used in the City’s building should only use the wireless public connection to the Internet. Under no circumstances should any non-City-owned equipment be connected to the City’s private network via WIFI or a network cable. Exceptions may be granted by the IT Manager or designee. Remote Access to the Network Examples of remote access include, but are not limited to: Outlook Web Access (web mail), virtual private network (VPN), Windows Remote Desktop, and Windows Terminal Server connections. While connected to City computer resources remotely, all aspects of the City’s Computer Use Policy will apply, including the following: • Remote access to the City’s network requires a request from the department head. Remote access privileges may be revoked at any time by an employee’s supervisor. • If remote access is from a non-City-owned computer, employee-provided, updated anti-virus software must be installed and operational on the computer equipment, and all critical operating system updates must be installed prior to connecting to the City network remotely. Failure to comply could result in the termination of remote access privileges. • Recreational use of remote connections to the City’s network is strictly forbidden. An example of this would be a family member utilizing the City’s cellular connection to visit websites. • Private or confidential data should not be transmitted over an unsecured wireless connection. Wireless connections are not secure and could pose a security risk if used to transmit City passwords or private data while connecting to City resources. Wireless connections include those over cellular networks and wireless access points, regardless of the technology used to connect. Internet The following considerations apply to all uses of the Internet: • Personal use of the Internet is permitted but should be limited due to security risks. Employees may not at any time access inappropriate sites. Some examples of inappropriate sites include VIII-17 56 but are not limited to adult entertainment, sexually explicit material, or material advocating intolerance of other people, races, or religions. If you are unsure whether a site may include inappropriate information, you should not visit it. • If an employee’s use of the Internet is compromising the integrity of the City’s network, Information Technology staff may temporarily restrict that employee’s access to the Internet. If IT staff does restrict access, they will notify the employee, HR, and the employee’s manager as soon as possible, and work with the employee and manager to rectify the situation. • The City may monitor or restrict any employee’s use of the Internet without prior notice, as deemed appropriate by the employee’s manager. Data Retention Electronic data should be stored and retained in accordance with the City’s Record Retention Policy. Voicemail Policy The telephone and voicemail systems are the property of The City of Hastings. They have been provided by The City of Hastings for use in conducting City business. All communications and information transmitted by, received from, or stored in this system are company records and property of The City of Hastings. Employees have no right or expectation of privacy in any matter stored in, created, received, or sent over the City of Hastings telephone and voicemail systems. The City of Hastings maintains the right to monitor, access, retrieve, and delete any voicemail messages as well as monitor the telephone system for any reason without the permission of any employee and without notice. Supervisors and managers shall have the right to review voicemail messages of any employee supervised by them at any time or for any reason. Voicemail PINs may be requested or reset in order to be accessed by the City in an employee's absence. Even though The City of Hastings reserves the right to retrieve and listen to any voicemail messages, those messages should still be treated as confidential by other employees and accessed only by the intended recipient. Employees are not authorized to retrieve or listen to any voicemail messages that are not sent to them. Prior to transferring any voicemail messages, employee must ensure that no confidential or sensitive information is being released. All usage and communication over the City's telephone and voicemail systems must adhere to the City's policies outlined in the Work Rules and Code of Conduct section as well as the Respectful Workplace section of the Employee Handbook. VIII-17 57 Chapter 12 Safety and Health The City is committed to providing a safe and healthy working environment for its employees. The City shall provide the proper training, tools, and equipment necessary for a reasonably safe working environment. It is the responsibility of each employee to understand and comply with the safety rules and regulations established both departmentally and City-wide, as well as safely and properly operate all tools and/or equipment. Employees are responsible for promptly reporting any safety concerns to their supervisor. It is the duty of each supervisor and department head to establish reasonable safety regulations and procedures and instruct employees in accident prevention and safe operation. Supervisors are responsible for acting promptly when any safety concerns are reported. Safety and Wellness Committee Employees are encouraged to participate in the City’s safety committee, which meets regularly to develop recommendations and coordinate overall accident prevention and employee educational training programs. Accidents Whenever an employee has an accident, damages property, or is injured on the job, they must report directly to their supervisor. Personal Injury/Workers Compensation In cases of personal injury, appropriate treatment will first be given, and a First Report of Injury and Supervisors Report must be completed and submitted promptly. Workers’ Compensation will pay for medical care and lost wages resulting from job related illnesses or injuries. If you are injured or become ill through work please inform your supervisor immediately, regardless of how minor the injury or illness might be. Employees injured on duty are required to keep the City informed about their medical condition and when they may return to work. In no event will an employee earn more compensation while on a work- related injury. The City may require a fitness for duty report before permitting an employee to return to work following an injury. Under Minnesota Statutes §176.021, every employer is liable to pay compensation in every case of personal injury or death of an employee arising out of and in the course of employment. Minnesota Statutes §176.181, subd.2, requires employers who have not been approved for self-insurance to provide workers' compensation insurance for their employees. The City of Hastings complies with state workers compensation coverage requirements. Workers compensation is intended to cover only work-related injuries and illnesses. Because of this, neither The City of Hastings nor our insurance carrier will be liable for the payment of Workers’ Compensation benefits for injuries that might occur during employee’s voluntary participation in off- duty recreational, social or athletic activities that we may sponsor. If any City of Hastings employee is injured on the job a mandatory drug and/or alcohol test will be required in accordance with City policy. VIII-17 58 Fraudulent Claims Minnesota law makes it a crime for any person who, with intent to defraud, receives workers compensation benefits for which that person is not entitled by knowingly misrepresenting, misstating, or failing to disclose any fact. Managed Care The City of Hastings uses managed care for workers compensation claims to better coordinate medical care for injured workers and to control workers compensation costs. Temporary Alternate Duty The City of Hastings may have temporary alternate duty available for regular full or part-time employees, and will determine availability based on business needs and individual capability. Temporary alternate duty may not be available, and it is the City’s determination whether it is available. Employees who are unable to perform the essential functions of their position due to a permanent medical disability may not qualify for temporary alternate duty. The City retains the right to conduct an independent medical evaluation to determine whether temporary alternate duty is available. The City retains the right to receive updated medical information and determine whether temporary alternate duty may continue. It is the City’s policy to keep employees who suffer a work-related injury engaged in the organization through meaningful work in compliance with any physician-imposed limitations. To qualify for temporary alternate duty, the employee must be physically unable to perform the duties of their position, be qualified and physically able to perform the duties of an alternate position, and be expected to recover and resume the duties of their regular position. If the duties and responsibilities of the temporary alternate duty are outside the framework for the employee’s regular position and compensation, the employee’s compensation may be adjusted commensurate with the temporary alternate duty. Temporary alternate duty may be permitted for up to 90 days with the approval of the department head; extension of temporary alternate duty beyond 90 days must be approved by the City Administrator. Right to Know The City of Hastings has adopted a Right to Know policy as required by the Employee Right-to-Know Act passed by the Minnesota State Legislature in 1983. Emergency Procedures Employees are expected to familiarize themselves with the buildings in which they regularly work, and become aware of the location of emergency exits, fire extinguishers, severe weather shelters, and first aid kits. In case of fire or other emergency, employees should use stairs to exit. For small fires, employees are expected to use the fire extinguishers while having a fellow employee call 911 for assistance. The department or division manager should be immediately notified to evacuate the appropriate building. Locations of applicable emergency information will be included in the appendix. Safety Boots For those positions determined to need safety boots for safe performance of their job, the City will pay the cost of OSHA-approved footwear, up to an annual cost of $200 for full-time employees. For seasonal employees or paid on-call firefighters, the annual reimbursement will be for up to 50% of the VIII-17 59 actual cost of the boots, not to exceed $100 annually. Boots will be replaced no more often than once per year. If safety boots are determined necessary, the employee is required to wear them. Safety Glasses For those positions determined to need safety glasses for safe performance of their job, the City will pay the cost of prescription and non-prescription safety glasses. The city will pay for basic frames, and basic bifocal/trifocal lenses. The city will not pay for any examination costs. Glasses will be replaced no more often than once every other year, unless they are broken as a result of an employee’s job activities. Use of City Property Employees may be issued City equipment, including but not limited to keys, pass codes, phones, computers, voicemail, and other equipment deemed necessary to perform job functions. Employees are expected to secure and maintain any City property issued to them, including ensuring that City facilities or vehicles are properly secured. Loss, theft, or damage to City property must be reported immediately to the employee’s supervisor. Repeated instances of loss, theft, or damage to property may result in discipline, up to and including dismissal. Employees are expected to use City-issued equipment for business-related purposes. Reconfiguring, tampering, disrupting, or otherwise changing city equipment, including computer files, is strictly prohibited. Employees may be required at any time, and in all cases immediately upon separation of employment, to return any and all City equipment. Vehicle Use [may want separate robust vehicle policy] If driving for the City, an employee agrees to obey all traffic laws, safely operate the vehicle, wear seatbelt and ensure all passengers wear seatbelts, and maintain the appropriate driver’s license for lawful operation. The City reserves the right to verify motor vehicle records at any time on any employees who are assigned or authorized to drive for the City. An employee who drives in an illegal, careless, unsafe, or negligent manner while on duty may be subject to discipline, up to and including dismissal. Loss or Suspension of License Any employee whose position description lists the possession of a valid driver’s license as a minimum or essential qualification must report any loss or suspension of a driver’s license to their immediate supervisor the first business day following the loss or suspension of the license. In case of a loss of driving privileges, positions where driving is an essential requirement of the job are normally more difficult to accommodate, particularly for long periods of time. Temporary job accommodations may be made on a case-by-case basis, considering other work that needs to be done, the length of the restriction, the ability of the employee to obtain a work permit, the impact on the department operations, the ability of the employee to perform the vast majority of the rest of the job responsibilities, and the employee’s performance, discipline, and length of service. If an employee receives a car allowance or is issued a take-home vehicle and has their driving privileges suspended, the City vehicle will be returned and/or the car allowance will be suspended immediately upon suspension. In no case will the City extend accommodations beyond 60 calendar days for positions where driving is an essential or minimum requirement of the position. In cases where an employee will not be able to legally drive for 60 calendar days or more and cannot obtain a work permit and where driving has been determined to be essential to the job and where provisions of the ADA are complied with, the employee may not be able to retain their job. VIII-17 60 Chapter 13 Employee Education and Training Training, Workshops, Conferences Costs for City-initiated or required workshops, professional seminars, training programs, courses, continuing education, and/or license/certification maintenance for existing employees will be paid by the City. Departments will be responsible for requesting training and associated expenses as part of the annual budget process and providing documentation as part of the request. Travel Expenses Employees who have attended approved training, workshops conferences and/or while conducting City business will be reimbursed for reasonable expenses incurred. A. Mileage Reimbursement Employees using their own personal vehicle for City business will be reimbursed for actual mileage at the IRS-established reimbursement rate in excess of regular mileage the employee would normally incur as part of their daily commute to City offices. Employees with take-home vehicles or vehicle allowances are not eligible for mileage reimbursement. B. Meals & Incidental Expenses Meal and incidental expenses incurred as a result of overnight business travel, and which are not included in a registration fee will be reimbursed based on the Meal & Incidental Expense (M&IE) table established by the General Services Administration (www.gsa.gov/perdiem) and per diem will be based on the location at which the expense occurred. Meal expenses incurred as a result of a partial day absence in conjunction with overnight travel will be reimbursed by the M&IE rate table established by the GSA. Employees attending day training away from City offices will not be reimbursed for meal costs. The City will not reimburse for the cost of alcoholic beverages. C. Lodging The actual cost of lodging is paid by the City. The City will pay for the cost of a single room only, or the next larger size if a single is not available. D. Transportation The actual cost of a coach class airline ticket and one bag (if not included in the price of the ticket) is paid by the City. Costs of transportation (taxi, bus, etc.) and parking fees will be reimbursed with a receipt. Tuition Reimbursement The City will share in the cost of education which directly relates to the employee’s present job classification or which prepares the employee for advancement with the City in the foreseeable future. The City may reimburse eligible regular, full-time employees for the cost of tuition upon presentation of final grade of C or higher or Pass. The employee is responsible for paying the cost of any fees, books, or other associated fees. A maximum of $3,000 per calendar year may be available, depending on available funding in the department budget. An employee who leaves employment prior to completion of a course will not be reimbursed for the course. No reimbursement will be made unless prior approval has been granted by the department head. No employee may receive assistance from other sources and receive tuition aid from the City for the same courses taken. VIII-17 61 An employee who receives reimbursement under this program must remain employed with the City following completion of the course for which they received reimbursement, or will agree to pay the City 100% of the costs if they separate employment less than one year after completion of the course or 50% if they separate employment less than two years after completion of the course. VIII-17 62 Chapter 14 Discipline and Grievance Discipline City employees will be subject to disciplinary action for failure to fulfill duties and responsibilities of their position, including observance of all work rules. Discipline will be for sufficient cause and the employee may use the grievance process for discipline which is believed to be unjust or disproportionate to the offense alleged. Discipline will not result in discrimination based on race, color, creed, religion, national origin, sex, marital status, sexual orientation or identity, disability, age, status with regard to public assistance, political affiliation, or veteran status. Cause for discipline may be, but is not limited to, the following examples: Incompetency, inefficiency, carelessness, dishonesty or negligence in the employee’s job responsibilities or while using or entrusted with City property; Inability or unwillingness to perform the essential functions of the employee’s position, with or without reasonable accommodation Theft or intentional destruction of City or another’s property; Failure to comply with safety rules and expectations; Failure to comply with personnel policy rules and regulations; Conduct impairing the efficiency of the City; Reporting to work and/or working under the influence of alcohol, drugs, or any other controlled substance; Offensive or inappropriate language or conduct to members of the public, elected or appointed officials, or employees; Repeated absenteeism/tardiness and/or falsification of reported time worked; Conducting business for another job while on City time; Insubordination; Conviction of a criminal offense involving moral turpitude; Conviction of a crime directly related to the employee’s occupation; Any other violations of the Hastings Personnel Policy or department work rules. Progressive Discipline The steps taken during discipline need not follow in order if the facts and circumstances warrant differently. Serious offenses may circumvent progressive disciplinary policies. Progressive discipline generally will be as follows: A. Verbal Warning Supervisors or department heads may impose a verbal warning without prior approval of the City Administrator. Documentation will be placed in employee’s file. B. Written Warning VIII-17 63 Supervisors or department heads may impose a written warning without prior approval of the City Administrator. Documentation to the employee will include: • Notice of written warning; • Violation that occurred; • Previous discipline; • Consequences of additional violation(s), up to and including dismissal Employees will be given one copy of the written warning to sign, acknowledging receipt. Documentation will be placed in the employee’s file. C. Suspension Department heads or the City Administrator may suspend an employee, with or without pay. Documentation to the employee will include: • Notice of suspension; • Violation that occurred; • Previous discipline; • Effective time of the suspension; • That the suspension will be unpaid; • Consequences of additional violation(s), up to and including dismissal Employees will be given one copy of the suspension notice to sign, acknowledging receipt. Documentation will be placed in the employee’s file. D. Demotion The City Administrator may demote an employee for inefficient performance, for disciplinary actions, or other reasons determined at the discretion of the City Administrator. Documentation to the employee will include: • Notice of demotion; • Violation that occurred; • Previous discipline; • Effective date of the demotion; • Consequences of additional violation(s), up to and including dismissal; • Expectations for the employee’s new position. Employees will be given one copy of the demotion notice to sign, acknowledging receipt. Documentation will be placed in the employee’s file. E. Dismissal The City Administrator may dismiss an employee who has been appointed. The City Council may dismiss department head employees. The City Administrator will hold a meeting with the employee prior to dismissal. Documentation to the employee will include: • Notice of dismissal; • Reasons for dismissal; • Summary of previous discipline; • Effective date of the dismissal; • The employee’s rights under these rules and any applicable federal or state laws. VIII-17 64 Employees will be given one copy of the dismissal notice to sign, acknowledging receipt. Documentation will be placed in the employee’s file. The City of Hastings reserves the right to alter the order described above, to skip corrective steps, to eliminate corrective steps or to create new or additional corrective steps depending on the facts and circumstances of each individual case. In choosing the appropriate corrective action we may consider any number of factors, including the seriousness of your conduct, your history of misconduct, your employment record, your length of employment, the strength of evidence against you, your ability to correct the conduct, your attitude about the conduct, actions we’ve taken for similar conduct by other employees, how your conduct affects the City, its customers and your coworkers, and other circumstances related to the nature of the misconduct, to your employment with this company and the effect of the misconduct on the business of the City of Hastings. You should remember that your employment is at the mutual consent of you and the City of Hastings. This policy does not change this fact. This means that you or the City of Hastings can terminate the employment relationship at will at any time, with or without cause and with or without advanced notice. As a result, the City of Hastings reserves its right to terminate your employment at any time for any lawful reason including reasons not listed above. You will also have the right to end your employment at any time. Grievance Employees are provided with a uniform grievance procedure consistent with Minnesota Statute 43A.33. When an employee is aggrieved with wage, hours, or condition of employment and such agreements are not controlled by statute, charter, ordinance, resolution, or collective bargaining agreement, the following process shall be used. All grievances must be filed in writing by the employee. The following steps will be used for resolving grievances: A. Grievance Initiation The employee will submit their grievance in writing to the employee’s supervisor within ten working days of the incident or discovery. The grievance will be dated and will include a statement of the grievance and relevant facts, when the grievance occurred, the alleged policy violation; and identify how the employee feels the grievance can be satisfactorily resolved. Within three working days after the grievance submittal, the supervisor will hold a preliminary meeting with the employee to discuss the grievance. The date of the meeting and a summary will be documented by the supervisor. B. Step I Decision Within five working days after the meeting held in Grievance Initiation, a Step I Decision will be issued by the immediate supervisor (or designee) to the employee. Copies of the decision will be forwarded to the department head and to the employee’s personnel file. C. Step I Decision Appeal The employee may appeal in writing a Step 1 Decision to the City Administrator within five working days after it has been issued. D. Step II Decision VIII-17 65 Within five working days of receiving an appeal to a Step I Decision, a Step II Decision will be issued by the City Administrator in response to the written grievance appeal. Copies of the decision will be forwarded to the department head and to the employee’s personnel file. E. Step II Decision Appeal The employee may appeal in writing a Step II Decision to the City Council within ten working days after it has been issued. This appeal must be filed with the City Administrator. The City Council will consider the written appeal of the City Administrator’s Step II Decision and any other pertinent information developed through the grievance process. The City Council will review interpretation of the Personnel Policy and the facts of the grievance presented. The Council will make a final and binding decision in writing within thirty calendar days following the close of its hearing. If at any point in this process, the grievance is not taken to the next step by the employee within the specified time frame, it will be deemed waived and satisfactorily resolved. If at any point in the process, the City does not respond to the grievance within the specified timeframe, the employee may elect to treat the grievance as denied and may appeal the grievance to the next step. Each of the above steps will be taken in a timely manner; however, if in the event that one or more parties is physically unavailable to consider the grievance (i.e. on vacation, sick leave, etc.), the grievance will be heard at the earliest practical date. VIII-17 City Council Memorandum To: Mayor Fasbender & City Councilmembers From: Assistant City Administrator Kelly Murtaugh Date: May 2, 2022 Item: Public Notice – Social Media Policy Council Actions Requested: Approve Public Notice – Social Media Policy to be posted on the City website and social media platforms. Background Information: The website and social media are tools that the City uses to convey information in a one-way and two-way manner. The prior social media policy was outdated and needed to be replaced. This policy is a notice about the rights and responsibilities of the City and consumers of content on City sites. Using the League of Minnesota Cities model policy, this policy was reviewed and approved by Communication Coordinator Dawn Skelly as well as City Attorney Kori Land. Policies related to social media are recommended to be reviewed on an annual basis. Financial Impact: NA Committee Discussion: NA Attachments: • Public Notice – Social Media Policy VIII-18 Public Notice – Social Media Policy The purpose of the City of Hastings’ social media presence is to provide members of the community with information in more places and more ways than were traditionally available. All content of this site is public and is subject to disclosure pursuant to the Minnesota Government Data Practices Act. Please be aware that anything you post may survive deletion, whether by you or others. Do not post sensitive or personally identifiable information, such as social security numbers. Following or “friending” persons or organizations is not an endorsement by the City and is only intended as a means of broadening communication. The City is not responsible for content found at links to third parties, nor the views or opinions expressed by third-party comments. Please be advised that comments falling into the following category or categories may be removed: • Obscene or pornographic content • Direct threats to persons or property • Material asserted to violate the intellectual property of another person • Private, personal information about a person published without his/her consent • Information that endangers the public by compromising a public safety security system • Statutorily private, confidential, or nonpublic data • Commercial promotions or spam • Hyperlinks to material that falls into at least one of the foregoing categories Should your comment be removed by the City and you believe it does not fall into one of the above categories, contact the Communications Coordinator in writing to explain how the comment does not fall into one of these categories. Should you wish to challenge the legality of any portion of this notice or the City’s social media policy, you may contact Assistant City Administrator in writing and explain the basis for the challenge in detail. If you have any other questions about the City of Hastings’ social media page, contact Dawn Skelly, Communications Coordinator at dskelly@hastingsmn.gov. By accessing, using, or posting to this City of Hastings social media page, you acknowledge you have been advised of the foregoing. VIII-18 To: Mayor Fasbender & City Councilmembers From: Chris Eitemiller, Finance Manager Date: May 2, 2022 Item: City Hall Dome/HVAC Project Budget City Council Memorandum Council Action Requested: Approve the resolution authorizing the budget for the City Hall Dome/HVAC Project. Background Information: In 2020, the state legislature appropriated $2 million of the state bonding bill’s total for a grant to the city of Hastings for repairs, construction, and other capital improvements necessary for renovation of the historic City Hall in Hastings. This appropriation includes money for repairs of the dome and roofing, HVAC improvements, repairs to the interior walls and exterior masonry of the building, site regrading, and project management. The total estimated project cost is approximately $3.4 million. This cost includes masonry restoration and pre-design work that was completed in prior years. After accounting for the state bonding bill proceeds, along with a MN Historical Society grant, and prior year General City Revenues, there is an estimated balance of approximately $877,000 to complete the project. Financial Impact: The City will have to appropriate approximately $877,000 as its share of remaining project costs. Committee Discussion: Finance Committee recommended use of ARPA funds to cover the final City share on 4/27/22 Attachments: • Resolution to adopt project budget VIII-19 CITY OF HASTINGS DAKOTA COUNTY, MINNESOTA RESOLUTION 5- -22 A RESOLUTION AUTHORIZING THE BUDGET FOR THE CITY HALL DOME/ HVAC PROJECT WHEREAS, the City has a need to restore the City Hall Dome, as well as other related capital needs; and WHEREAS, the City has received a $2 million State GO Bond grant for repairs, construction and other capital improvements necessary for renovation of the historic City Hall in Hastings. This appropriation includes money for repairs of the dome and roofing, HVAC improvements, repairs to the interior walls and exterior masonry of the building, site regrading and project management; and WHEREAS, the City also received a $212,187 Historical Society grant to help fund this project; and WHEREAS, the City has already spent $307,991 of City general revenues in prior years for masonry restoration and pre-design costs; and WHEREAS, on April 27, 2022 the City Finance Committee recommended using approximately $877,000 of the City’s American Rescue Plan Act allocation to fund the estimated remaining project balance; and WHEREAS, the City has sufficient cash on hand to fund the estimated remaining balance. NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Hastings, Minnesota; that the City Hall Dome/HVAC Project’s Budget is hereby adopted as follows: VIII-19 SOURCE AND USE OF FUNDS FOR THE DOME PROJECT Source of Funds State GO Bond Funds 2,000,000 MN Historical Society Grant 212,187 City General Revenues (2018-19) 282,555 City General Revenues (2020-21) 25,436 Final City Contribution 876,664 Total Funding 3,396,842 Use of Funds Masonry Restoration 494,742 Pre-design & Design Costs 103,100 Construction 2,799,000 Total Project Costs 3,396,842 And the estimated project budget is hereby adopted at $3,396,872. Adopted this 2nd day of May, 2022 Mary Fasbender, Mayor Attest: Kelly Murtaugh, City Clerk VIII-19 City Council Memorandum To: Mayor Fasbender & City Council Members From: Emily King, Deputy City Clerk Date: May 2, 2022 Item: Conduct Public Hearing and Consider Application for Sidewalk Café for Hastings Dairy Store and Sidewalk Café with Liquor License Amendment for Hastings Social, LLC dba Hastings Tavern Council Action Requested: Approve the Sidewalk Café for Hastings Dairy Store and Sidewalk Café with Liquor License Amendment for Hastings Social LLC dba Hastings Tavern. Background Information: Hastings Dairy Store has submitted the required application and documents for the Sidewalk Café license. Hastings Social, LLC dba Hastings Tavern has submitted the required application and documents for the Sidewalk Café license with a liquor license amendment. License will be issued upon receiving all required insurance documents. Financial Impact: N/A Advisory Commission Discussion: N/A Council Committee Discussion: N/A Attachments: N/A IX-01 To: Mayor Fasbender & City Councilmembers From: Chris Eitemiller, Finance Manager Date: May 2, 2022 Item: General Obligation Bonds, Series 2022A City Council Memorandum Council Action Requested: Adopt the resolution approving the issuance and sale of general obligation bonds to finance the 2022 Neighborhood Project, the Water Tower Reconditioning Project and the Public Works Storage Building. Background Information: The City has initiated proceedings to sell general obligation bonds to finance the 2022 Neighborhood Project, the Water Tower Reconditioning Project and the Public Works Storage Building. A portion of the bonds would be repaid through special assessments on benefitting properties. The City has retained financial advisor Northland Securities to assist in the bond sale. The bond sale is scheduled for May 2. Results of the bond sale as well as an updated resolution will be provided to the City Council prior to the City Council meeting that evening. Jessica Green of Northland Securities will attend the City Council meeting to review the results of the bond sale. Financial Impact: Debt service payments will be due 2024 through 2032, amounts will depend on debt structure and interest amount pending bond sale on May 2. Committee Discussion: Not Applicable Attachments: • DRAFT Extract of Minutes and Resolution Providing for Issuance and Sale of $6,215,000 General Obligation Bonds, series 2022A • 2022A Financing Plan IX-02 73181402v1 EXTRACT OF MINUTES OF A MEETING CITY COUNCIL OF THE CITY OF HASTINGS, MINNESOTA HELD: MAY 2, 2022 Pursuant to due call and notice thereof, a regular or special meeting of the City Council of the City of Hastings, Dakota and Washington Counties, Minnesota, was duly held at the City Hall on May 2, 2022, at 7:00 P.M., for the purpose, in part of authorizing the issuance and awarding the sale of $6,215,000 General Obligation Bonds, Series 2022A. The following members were present: and the following were absent: Member __________ introduced the following resolution and moved its adoption: RESOLUTION NO. ___________ RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $6,215,000 GENERAL OBLIGATION BONDS, SERIES 2022A, PLEDGING FOR THE SECURITY THEREOF SPECIAL ASSESSMENTS AND NET REVENUES AND LEVYING A TAX FOR THE PAYMENT THEREOF A. WHEREAS, the City Council of the City of Hastings (the City) has heretofore determined and declared that it is necessary and expedient to issue $6,215,000 General Obligation Bonds, Series 2022A (the "Bonds" or individually a "Bond"), pursuant to Minnesota Statutes, Chapter 475; and 1. Chapter 429 to finance the construction of various public improvements within the City (the "Improvements"); 2. Section 444.075 to finance improvements to the municipal water system (the "Water System Improvements"); 3. Section 444.075 to finance improvements to the municipal sewer system (the "Sewer System Improvements"); and 4. Section 475.521 to finance the acquisition and betterment of a public works facility (the "Capital Improvements"). B. WHEREAS, the Improvements and all their components have been ordered prior to the date hereof, after a hearing thereon for which notice was given describing the Improvements or all their components by general nature, estimated cost, and area to be assessed; and IX-02 73181402v1 2 C. WHEREAS, the City owns and operates a municipal water utility system (the "Water System") and a municipal sanitary sewer utility system (the "Sewer System" and, together with the Water System, the "System"), as separate revenue producing public utilities; D. WHEREAS, the net revenues of the Water System are pledged to the payment of the City's outstanding (i) "Water Revenue Refunding Portion" of General Obligation Refunding Bonds, Series 2013A in the original principal amount of $5,805,000, dated February 21, 2013; (ii) "Water Portion" of General Obligation Bonds, Series 2019A in the original principal amount of $3,270,000, dated August 8, 2019; (iii) "Water Portion" of General Obligation Bonds, Series 2020A in the original principal amount of $3,180,000, dated October 1, 2020; and (iv) "Water Portion" of General Obligation Bonds, Series 2021A in the original principal amount of $2,070,000, dated August 26, 2021 (collectively, the "Outstanding Water Bonds"); and E. WHEREAS, the net revenues of the Sewer System are pledged to the payment of the City's outstanding (i) "Sewer Portion" of General Obligation Bonds, Series 2020A in the original principal amount of $3,180,000, dated October 1, 2020; and (ii) "Sewer Portion" of General Obligation Bonds, Series 2021A in the original principal amount of $2,070,000, dated August 26, 2021 (together, the "Outstanding Sewer Bonds"); and F. WHEREAS, the net revenues of the System are pledged to the payment of the City's outstanding "Utility Portion" of General Obligation Bonds, Series 2018A in the original principal amount of $3,820,000, dated July 18, 2018 (the "Outstanding Utility Bonds"); and G. WHEREAS, on February 22, 2022, the City Council held a public hearing on the proposed issuance of general obligation capital improvement plan bonds and, pursuant to resolution approved and adopted the 2022 through 2026 Five-Year Capital Improvement Plan (the "Plan"), and approved the issuance of general obligation capital improvement plan bonds to finance the acquisition and betterment of the Capital Improvements all pursuant to the Plan and in accordance with the provisions of Minnesota Statutes, Section 475.521; and H. WHEREAS, no petition signed by voters equal to five percent of the votes cast in the City in the last general election requesting a vote on the issuance of the general obligation capital improvement plan bonds has been filed with the City Administrator within 30 days after the public hearing on the Plan and on the issuance of the general obligation capital improvement plan bonds; and I. WHEREAS, there are currently no other capital improvement plan bonds outstanding; and J. WHEREAS, the maximum principal and interest to become due in any year on the Capital Improvements Portion of the Bonds issued under Minnesota Statutes, Section 475.521 is less than 0.16 percent of the estimated market value of property in the City. K. WHEREAS, the City has retained Northland Securities, Inc., in Minneapolis, Minnesota ("Northland"), as its independent municipal advisor for the sale of the Bonds and was therefore authorized to sell the Bonds by private negotiation in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9) and proposals to purchase the Bonds have been solicited by Northland; and IX-02 73181402v1 3 L. WHEREAS, the proposals set forth on Exhibit A attached hereto were received by the Finance Manager, or designee, at the offices of Northland at 10:00 A.M. on the date hereof, pursuant to the Notice of Sale established for the Bonds; and M. WHEREAS, it is in the best interests of the City that the Bonds be issued in book-entry form as hereinafter provided; and NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Hastings, Minnesota, as follows: 1. Acceptance of Proposal. The proposal of ________________________ (the "Purchaser"), to purchase the Bonds, in accordance with the Notice of Sale, at the rates of interest hereinafter set forth, and to pay therefor the sum of $__________, plus interest accrued to settlement, is hereby found, determined and declared to be the most favorable proposal received, is hereby accepted and the Bonds are hereby awarded to the Purchaser. 2. Bond Terms. (a) Original Issue Date; Denominations; Maturities; Term Bond Option. The Bonds shall be dated June 1, 2022, as the date of original issue and shall be issued forthwith on or after such date in fully registered form, shall be numbered from R-1 upward in the denomination of $5,000 each or in any integral multiple thereof of a single maturity (the "Authorized Denominations") and shall mature on February 1 in the years and amounts as follows: Year Amount Year Amount 2024 2029 2025 2030 2026 2031 2027 2032 2028 2033 As may be requested by the Purchaser, one or more term Bonds may be issued having mandatory sinking fund redemption and final maturity amounts conforming to the foregoing principal repayment schedule, and corresponding additions may be made to the provisions of the applicable Bond(s). (b) Allocation. The aggregate principal amount of $_____________ maturing in each of the years and amounts hereinafter set forth are issued to finance the Improvements (the "Improvement Portion"). The aggregate principal amount of $___________ maturing in each of the years and amounts hereinafter set forth are issued to finance the Water System Improvements (the "Water Portion"). The aggregate principal amount of $___________ maturing in each of the years and amounts hereinafter set forth are issued to finance the Sewer System Improvements (the "Sewer Portion"). The aggregate principal amount of $___________ maturing in each of the years and amounts hereinafter set forth are issued to finance the Capital Improvements (the " Capital Improvements Portion of the Bonds "). IX-02 73181402v1 4 Year Improvement Portion Water Portion Sewer Portion Capital Improvements Portion Total 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 If Bonds are prepaid, the prepayments shall be allocated to the portions of debt service (and hence allocated to the payment of Bonds treated as relating to a particular portion of debt service) as provided in this paragraph. If the source of prepayment moneys is the general fund of the City, or other generally available source, including the levy of taxes, the prepayment may be allocated to any portions of debt service in such amounts as the City shall determine. If the source of the prepayment is special assessments pledged to the Improvements, the prepayment shall be allocated to the Improvement Portion of debt service. If the source of a prepayment is excess net revenues of the Water System pledged to the Water System Improvements, the prepayment shall be allocated to the Water Portion of debt service. If the source of a prepayment is excess net revenues of the Sewer System pledged to the Sewer System Improvements, the prepayment shall be allocated to the Sewer Portion of debt service. (c) Book Entry Only System. The Depository Trust Company, a limited purpose trust company organized under the laws of the State of New York or any of its successors or its successors to its functions hereunder (the "Depository") will act as securities depository for the Bonds, and to this end: (i) The Bonds shall be initially issued and, so long as they remain in book entry form only (the "Book Entry Only Period"), shall at all times be in the form of a separate single fully registered Bond for each maturity of the Bonds; and for purposes of complying with this requirement under paragraphs 5 and 10 Authorized Denominations for any Bond shall be deemed to be limited during the Book Entry Only Period to the outstanding principal amount of that Bond. (ii) Upon initial issuance, ownership of the Bonds shall be registered in a bond register maintained by the Bond Registrar (as hereinafter defined) in the name of CEDE & CO., as the nominee (it or any nominee of the existing or a successor Depository, the "Nominee"). (iii) With respect to the Bonds neither the City nor the Bond Registrar shall have any responsibility or obligation to any broker, dealer, bank, or any other financial institution for which the Depository holds Bonds as securities depository (the IX-02 73181402v1 5 "Participant") or the person for which a Participant holds an interest in the Bonds shown on the books and records of the Participant (the "Beneficial Owner"). Without limiting the immediately preceding sentence, neither the City, nor the Bond Registrar, shall have any such responsibility or obligation with respect to (A) the accuracy of the records of the Depository, the Nominee or any Participant with respect to any ownership interest in the Bonds, or (B) the delivery to any Participant, any Owner or any other person, other than the Depository, of any notice with respect to the Bonds, including any notice of redemption, or (C) the payment to any Participant, any Beneficial Owner or any other person, other than the Depository, of any amount with respect to the principal of or premium, if any, or interest on the Bonds, or (D) the consent given or other action taken by the Depository as the Registered Holder of any Bonds (the "Holder"). For purposes of securing the vote or consent of any Holder under this Resolution, the City may, however, rely upon an omnibus proxy under which the Depository assigns its consenting or voting rights to certain Participants to whose accounts the Bonds are credited on the record date identified in a listing attached to the omnibus proxy. (iv) The City and the Bond Registrar may treat as and deem the Depository to be the absolute owner of the Bonds for the purpose of payment of the principal of and premium, if any, and interest on the Bonds, for the purpose of giving notices of redemption and other matters with respect to the Bonds, for the purpose of obtaining any consent or other action to be taken by Holders for the purpose of registering transfers with respect to such Bonds, and for all purpose whatsoever. The Bond Registrar, as paying agent hereunder, shall pay all principal of and premium, if any, and interest on the Bonds only to the Holder or the Holders of the Bonds as shown on the bond register, and all such payments shall be valid and effective to fully satisfy and discharge the City's obligations with respect to the principal of and premium, if any, and interest on the Bonds to the extent of the sum or sums so paid. (v) Upon delivery by the Depository to the Bond Registrar of written notice to the effect that the Depository has determined to substitute a new Nominee in place of the existing Nominee, and subject to the transfer provisions in paragraph 10 hereof, references to the Nominee hereunder shall refer to such new Nominee. (vi) So long as any Bond is registered in the name of a Nominee, all payments with respect to the principal of and premium, if any, and interest on such Bond and all notices with respect to such Bond shall be made and given, respectively, by the Bond Registrar or City, as the case may be, to the Depository as provided in the Letter of Representations to the Depository required by the Depository as a condition to its acting as book-entry Depository for the Bonds (said Letter of Representations, together with any replacement thereof or amendment or substitute thereto, including any standard procedures or policies referenced therein or applicable thereto respecting the procedures and other matters relating to the Depository's role as book-entry Depository for the Bonds, collectively hereinafter referred to as the "Letter of Representations"). (vii) All transfers of beneficial ownership interests in each Bond issued in book-entry form shall be limited in principal amount to Authorized Denominations and IX-02 73181402v1 6 shall be effected by procedures by the Depository with the Participants for recording and transferring the ownership of beneficial interests in such Bonds. (viii) In connection with any notice or other communication to be provided to the Holders pursuant to this Resolution by the City or Bond Registrar with respect to any consent or other action to be taken by Holders, the Depository shall consider the date of receipt of notice requesting such consent or other action as the record date for such consent or other action; provided, that the City or the Bond Registrar may establish a special record date for such consent or other action. The City or the Bond Registrar shall, to the extent possible, give the Depository notice of such special record date not less than fifteen calendar days in advance of such special record date to the extent possible. (ix) Any successor Bond Registrar in its written acceptance of its duties under this Resolution and any paying agency/bond registrar agreement, shall agree to take any actions necessary from time to time to comply with the requirements of the Letter of Representations. (d) Termination of Book-Entry Only System. Discontinuance of a particular Depository's services and termination of the book-entry only system may be effected as follows: (i) The Depository may determine to discontinue providing its services with respect to the Bonds at any time by giving written notice to the City and discharging its responsibilities with respect thereto under applicable law. The City may terminate the services of the Depository with respect to the Bond if it determines that the Depository is no longer able to carry out its functions as securities depository or the continuation of the system of book-entry transfers through the Depository is not in the best interests of the City or the Beneficial Owners. (ii) Upon termination of the services of the Depository as provided in the preceding paragraph, and if no substitute securities depository is willing to undertake the functions of the Depository hereunder can be found which, in the opinion of the City, is willing and able to assume such functions upon reasonable or customary terms, or if the City determines that it is in the best interests of the City or the Beneficial Owners of the Bond that the Beneficial Owners be able to obtain certificates for the Bonds, the Bonds shall no longer be registered as being registered in the bond register in the name of the Nominee, but may be registered in whatever name or names the Holder of the Bonds shall designate at that time, in accordance with paragraph 10. To the extent that the Beneficial Owners are designated as the transferee by the Holders, in accordance with paragraph 10, the Bonds will be delivered to the Beneficial Owners. (iii) Nothing in this subparagraph (d) shall limit or restrict the provisions of paragraph 10. (e) Letter of Representations. The provisions in the Letter of Representations are incorporated herein by reference and made a part of the resolution, and if and to the extent any such provisions are inconsistent with the other provisions of this resolution, the provisions in the Letter of Representations shall control. IX-02 73181402v1 7 3. Purposes. The Improvement Portion of the Bonds shall provide funds to finance the Improvements. The Water Portion of the Bonds shall provide funds to finance the Water System Improvements. The Sewer Portion of the Bonds shall provide funds to finance the Sewer System Improvements. The Capital Improvements Portion of the Bonds shall provide funds to finance the acquisition and betterment of the Capital Improvements. The Improvements, the Water System Improvements, the Sewer System Improvements and the Capital Improvements are herein referred to together as the Project. The total cost of the Project, which shall include all costs enumerated in Minnesota Statutes, Section 475.65, is estimated to be at least equal to the amount of the Bonds. The City covenants that it shall do all things and perform all acts required of it to assure that work on the Project proceeds with due diligence to completion and that any and all permits and studies required under law for the Project are obtained. 4. Interest. The Bonds shall bear interest payable semiannually on February 1 and August 1 of each year (each, an "Interest Payment Date"), commencing February 1, 2023, calculated on the basis of a 360-day year of twelve 30-day months, at the respective rates per annum set forth opposite the maturity years as follows: Maturity Year Interest Rate Maturity Year Interest Rate 2024 2029 2025 2030 2026 2031 2027 2032 2028 2033 5. Redemption. All Bonds maturing on February 1, 2031 and thereafter, shall be subject to redemption and prepayment at the option of the City on February 1, 2030, and on any date thereafter at a price of par plus accrued interest. Redemption may be in whole or in part of the Bonds subject to prepayment. If redemption is in part, the maturities and the principal amounts within each maturity to be redeemed shall be determined by the City; and if only part of the Bonds having a common maturity date are called for prepayment, the specific Bonds to be prepaid shall be chosen by lot by the Bond Registrar. Bonds or portions thereof called for redemption shall be due and payable on the redemption date, and interest thereon shall cease to accrue from and after the redemption date. Mailed notice of redemption shall be given to the paying agent and to each affected registered holder of the Bonds at least thirty (30) days prior to the date fixed for redemption. To effect a partial redemption of Bonds having a common maturity date, the Bond Registrar prior to giving notice of redemption shall assign to each Bond having a common maturity date a distinctive number for each $5,000 of the principal amount of such Bond. The Bond Registrar shall then select by lot, using such method of selection as it shall deem proper in its discretion, from the numbers so assigned to such Bonds, as many numbers as, at $5,000 for each number, shall equal the principal amount of such Bonds to be redeemed. The Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected; provided, however, that only so much of the principal amount of each such Bond of a denomination of more than $5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. If a Bond is to be redeemed only in part, it shall be surrendered to the Bond Registrar (with, if the IX-02 73181402v1 8 City or Bond Registrar so requires, a written instrument of transfer in form satisfactory to the City and Bond Registrar duly executed by the Holder thereof or the Holder's attorney duly authorized in writing) and the City shall execute (if necessary) and the Bond Registrar shall authenticate and deliver to the Holder of the Bond, without service charge, a new Bond or Bonds having the same stated maturity and interest rate and of any Authorized Denomination or Denominations, as requested by the Holder, in aggregate principal amount equal to and in exchange for the unredeemed portion of the principal of the Bond so surrendered. 6. Bond Registrar. U.S. Bank Trust Company, National Association, in St. Paul, Minnesota, is appointed to act as bond registrar and transfer agent with respect to the Bonds (the "Bond Registrar"), and shall do so unless and until a successor Bond Registrar is duly appointed, all pursuant to any contract the City and Bond Registrar shall execute which is consistent herewith. The Bond Registrar shall also serve as paying agent unless and until a successor- paying agent is duly appointed. Principal and interest on the Bonds shall be paid to the registered holders (or record holders) of the Bonds in the manner set forth in the form of Bond and paragraph 12. 7. Form of Bond. The Bonds, together with the Bond Registrar's Certificate of Authentication, the form of Assignment and the registration information thereon, shall be in substantially the following form: UNITED STATES OF AMERICA STATE OF MINNESOTA DAKOTA AND WASHINGTON COUNTIES CITY OF HASTINGS R-_______ $_________ GENERAL OBLIGATION BOND, SERIES 2022A Interest Rate Maturity Date Date of Original Issue CUSIP ______% February 1, 20__ June 1, 2022 REGISTERED OWNER: CEDE & CO. PRINCIPAL AMOUNT: The City of Hastings, Dakota and Washington Counties, Minnesota (the "Issuer"), certifies that it is indebted and for value received promises to pay to the registered owner specified above, or registered assigns, unless called for earlier redemption, in the manner hereinafter set forth, the principal amount specified above, on the maturity date specified above, and to pay interest thereon semiannually on February 1 and August 1 of each year (each, an "Interest Payment Date"), commencing February 1, 2023, at the rate per annum specified above (calculated on the basis of a 360-day year of twelve 30-day months) until the principal sum is paid or has been provided for. This Bond will bear interest from the most recent Interest Payment Date to which interest has been paid or, if no interest has been paid, from the date of original issue hereof. The principal of and premium, if any, on this Bond are payable upon IX-02 73181402v1 9 presentation and surrender hereof at the principal office of U.S. Bank Trust Company, National Association, in St. Paul, Minnesota (the "Bond Registrar"), acting as paying agent, or any successor paying agent duly appointed by the Issuer. Interest on this Bond will be paid on each Interest Payment Date by check or draft mailed to the person in whose name this Bond is registered (the "Holder" or "Bondholder") on the registration books of the Issuer maintained by the Bond Registrar and at the address appearing thereon at the close of business on the fifteenth day of the calendar month next preceding such Interest Payment Date (the "Regular Record Date"). Any interest not so timely paid shall cease to be payable to the person who is the Holder hereof as of the Regular Record Date, and shall be payable to the person who is the Holder hereof at the close of business on a date (the "Special Record Date") fixed by the Bond Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given to Bondholders not less than ten days prior to the Special Record Date. The principal of and premium, if any, and interest on this Bond are payable in lawful money of the United States of America. So long as this Bond is registered in the name of the Depository or its Nominee as provided in the Resolution hereinafter described, and as those terms are defined therein, payment of principal of, premium, if any, and interest on this Bond and notice with respect thereto shall be made as provided in the Letter of Representations, as defined in the Resolution, and surrender of this Bond shall not be required for payment of the redemption price upon a partial redemption of this Bond. Until termination of the book-entry only system pursuant to the Resolution, Bonds may only be registered in the name of the Depository or its Nominee. Optional Redemption. All Bonds of this issue (the "Bonds") maturing on February 1, 2031, and thereafter, are subject to redemption and prepayment at the option of the Issuer on February 1, 2030, and on any date thereafter at a price of par plus accrued interest. Redemption may be in whole or in part of the Bonds subject to prepayment. If redemption is in part, the maturities and the principal amounts within each maturity to be redeemed shall be determined by the Issuer; and if only part of the Bonds having a common maturity date are called for prepayment, the specific Bonds to be prepaid shall be chosen by lot by the Bond Registrar. Bonds or portions thereof called for redemption shall be due and payable on the redemption date, and interest thereon shall cease to accrue from and after the redemption date. Mailed notice of redemption shall be given to the paying agent and to each affected registered holder of the Bonds at least thirty (30) days prior to the date fixed for redemption. Prior to the date on which any Bond or Bonds are directed by the Issuer to be redeemed in advance of maturity, the Issuer will cause notice of the call thereof for redemption identifying the Bonds to be redeemed to be mailed to the Bond Registrar and all Bondholders, at the addresses shown on the Bond Register. All Bonds so called for redemption will cease to bear interest on the specified redemption date, provided funds for their redemption have been duly deposited. Selection of Bonds for Redemption; Partial Redemption. To effect a partial redemption of Bonds having a common maturity date, the Bond Registrar shall assign to each Bond having a common maturity date a distinctive number for each $5,000 of the principal amount of such Bond. The Bond Registrar shall then select by lot, using such method of selection as it shall deem proper in its discretion, from the numbers assigned to the Bonds, as many numbers as, at $5,000 for each number, shall equal the principal amount of such Bonds to be redeemed. The IX-02 73181402v1 10 Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected; provided, however, that only so much of the principal amount of such Bond of a denomination of more than $5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. If a Bond is to be redeemed only in part, it shall be surrendered to the Bond Registrar (with, if the Issuer or Bond Registrar so requires, a written instrument of transfer in form satisfactory to the Issuer and Bond Registrar duly executed by the Holder thereof or the Holder's attorney duly authorized in writing) and the Issuer shall execute (if necessary) and the Bond Registrar shall authenticate and deliver to the Holder of the Bond, without service charge, a new Bond or Bonds having the same stated maturity and interest rate and of any Authorized Denomination or Denominations, as requested by the Holder, in aggregate principal amount equal to and in exchange for the unredeemed portion of the principal of the Bond so surrendered. Issuance; Purpose; General Obligation. This Bond is one of an issue in the total principal amount of $6,215,000, all of like date of original issue and tenor, except as to number, maturity, interest rate, denomination and redemption privilege, issued pursuant to and in full conformity with the Constitution, Charter of the Issuer and laws of the State of Minnesota and pursuant to a resolution adopted by the City Council on May 2, 2022 (the "Resolution"), for the purpose of providing money to finance various municipal improvement projects and the acquisition and betterment of a public works facility within the jurisdiction of the Issuer. This Bond is payable out of the General Obligation Bonds, Series 2022A Fund of the Issuer. This Bond constitutes a general obligation of the Issuer, and to provide moneys for the prompt and full payment of its principal, premium, if any, and interest when the same become due, the full faith and credit and taxing powers of the Issuer have been and are hereby irrevocably pledged. Denominations; Exchange; Resolution. The Bonds are issuable solely in fully registered form in Authorized Denominations (as defined in the Resolution) and are exchangeable for fully registered Bonds of other Authorized Denominations in equal aggregate principal amounts at the office of the Bond Registrar, but only in the manner and subject to the limitations provided in the Resolution. Reference is hereby made to the Resolution for a description of the rights and duties of the Bond Registrar. Copies of the Resolution are on file in the office of the Bond Registrar. Transfer. This Bond is transferable by the Holder in person or the Holder's attorney duly authorized in writing at the office of the Bond Registrar upon presentation and surrender hereof to the Bond Registrar, all subject to the terms and conditions provided in the Resolution and to reasonable regulations of the Issuer contained in any agreement with the Bond Registrar. Thereupon the Issuer shall execute and the Bond Registrar shall authenticate and deliver, in exchange for this Bond, one or more new fully registered Bonds in the name of the transferee (but not registered in blank or to "bearer" or similar designation), of an Authorized Denomination or Denominations, in aggregate principal amount equal to the principal amount of this Bond, of the same maturity and bearing interest at the same rate. Fees upon Transfer or Loss. The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of this Bond and any legal or unusual costs regarding transfers and lost Bonds. Treatment of Registered Owners. The Issuer and Bond Registrar may treat the person in whose name this Bond is registered as the owner hereof for the purpose of receiving payment as IX-02 73181402v1 11 herein provided (except as otherwise provided herein with respect to the Record Date) and for all other purposes, whether or not this Bond shall be overdue, and neither the Issuer nor the Bond Registrar shall be affected by notice to the contrary. Authentication. This Bond shall not be valid or become obligatory for any purpose or be entitled to any security unless the Certificate of Authentication hereon shall have been executed by the Bond Registrar. Qualified Tax-Exempt Obligation. This Bond has been designated by the Issuer as a "qualified tax-exempt obligation" for purposes of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended. IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and things required by the Constitution, Charter of the Issuer and laws of the State of Minnesota to be done, to happen and to be performed, precedent to and in the issuance of this Bond, have been done, have happened and have been performed, in regular and due form, time and manner as required by law; that the Issuer has covenanted and agreed with the Holders of the Bonds that it will impose and collect charges for the service, use and availability of its municipal water utility system (the "Water System") at the times and in amounts necessary to produce net revenues, together with other sums pledged to the payment of the Water Portion of the Bonds, as defined in the Resolution, adequate to pay all principal and interest when due on the Water Portion of the Bonds; and that the Issuer will levy a direct, annual, irrepealable ad valorem tax upon all of the taxable property of the Issuer, without limitation as to rate or amount, for the years and in amounts sufficient to pay the principal and interest on Water Portion of the Bonds as they respectively become due, if the net revenues from the Water System, and any other sums irrevocably appropriated to the Debt Service Account are insufficient therefor; that the Issuer has covenanted and agreed with the Holders of the Bonds that it will impose and collect charges for the service, use and availability of its municipal sanitary sewer utility system (the "Sewer System") at the times and in amounts necessary to produce net revenues, together with other sums pledged to the payment of the Sewer Portion of the Bonds, as defined in the Resolution, adequate to pay all principal and interest when due on the Sewer Portion of the Bonds; and that the Issuer will levy a direct, annual, irrepealable ad valorem tax upon all of the taxable property of the Issuer, without limitation as to rate or amount, for the years and in amounts sufficient to pay the principal and interest on Sewer Portion of the Bonds as they respectively become due, if the net revenues from the Sewer System, and any other sums irrevocably appropriated to the Debt Service Account are insufficient thereforand that this Bond, together with all other debts of the Issuer outstanding on the date of original issue hereof and the date of its issuance and delivery to the original purchaser, does not exceed any constitutional, charter or statutory limitation of indebtedness. IN WITNESS WHEREOF, the City of Hastings, Dakota and Washington Counties, Minnesota, by its City Council has caused this Bond to be executed on its behalf by the facsimile signatures of its Mayor and its Clerk, the corporate seal of the Issuer having been intentionally omitted as permitted by law. IX-02 73181402v1 12 Date of Registration: BOND REGISTRAR'S CERTIFICATE OF AUTHENTICATION This Bond is one of the Bonds described in the Resolution mentioned within. U.S. BANK TRUST COMPANY, NATIONAL ASSOCIATION St. Paul, Minnesota, Bond Registrar By: Authorized Signature Registrable by: U.S. BANK TRUST COMPANY, NATIONAL ASSOCIATION Payable at: U.S. BANK TRUST COMPANY, NATIONAL ASSOCIATION CITY OF HASTINGS, DAKOTA AND WASHINGTON COUNTIES, MINNESOTA /s/ Facsimile Mayor /s/ Facsimile Clerk IX-02 73181402v1 13 ABBREVIATIONS The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though they were written out in full according to applicable laws or regulations: TEN COM - as tenants in common TEN ENT - as tenants by the entireties JT TEN - as joint tenants with right of survivorship and not as tenants in common UTMA - ___________ as custodian for ______________ (Cust) (Minor) under the _____________________ Uniform (State) Transfers to Minors Act Additional abbreviations may also be used though not in the above list. ___________________________________________________________ ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto ________________________________________________________________ the within Bond and does hereby irrevocably constitute and appoint _________________ attorney to transfer the Bond on the books kept for the registration thereof, with full power of substitution in the premises. Dated:_____________________ ______________________________ Notice: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or any change whatever. Signature Guaranteed: ___________________________ Signature(s) must be guaranteed by a national bank or trust company or by a brokerage firm having a membership in one of the major stock exchanges or any other "Eligible Guarantor Institution" as defined in 17 CFR 240.17 Ad-15(a)(2). The Bond Registrar will not affect transfer of this Bond unless the information concerning the transferee requested below is provided. Name and Address: ________________________________________ ________________________________________ ________________________________________ (Include information for all joint owners if the Bond is held by joint account.) IX-02 73181402v1 14 8. Execution. The Bonds shall be in typewritten form, shall be executed on behalf of the City by the signatures of its Mayor and Clerk and be sealed with the seal of the City; provided, as permitted by law, both signatures may be photocopied facsimiles and the corporate seal has been omitted. In the event of disability or resignation or other absence of either officer, the Bonds may be signed by the manual or facsimile signature of the officer who may act on behalf of the absent or disabled officer. In case either officer whose signature or facsimile of whose signature shall appear on the Bonds shall cease to be such officer before the delivery of the Bonds, the signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if the officer had remained in office until delivery. 9. Authentication. No Bond shall be valid or obligatory for any purpose or be entitled to any security or benefit under this resolution unless a Certificate of Authentication on such Bond, substantially in the form hereinabove set forth, shall have been duly executed by an authorized representative of the Bond Registrar. Certificates of Authentication on different Bonds need not be signed by the same person. The Bond Registrar shall authenticate the signatures of officers of the City on each Bond by execution of the Certificate of Authentication on the Bond and by inserting as the date of registration in the space provided the date on which the Bond is authenticated, except that for purposes of delivering the original Bonds to the Purchaser, the Bond Registrar shall insert as a date of registration the date of original issue of June 1, 2022. The Certificate of Authentication so executed on each Bond shall be conclusive evidence that it has been authenticated and delivered under this resolution. 10. Registration; Transfer; Exchange. The City will cause to be kept at the principal office of the Bond Registrar a bond register in which, subject to such reasonable regulations as the Bond Registrar may prescribe, the Bond Registrar shall provide for the registration of Bonds and the registration of transfers of Bonds entitled to be registered or transferred as herein provided. Upon surrender for transfer of any Bond at the principal office of the Bond Registrar, the City shall execute (if necessary), and the Bond Registrar shall authenticate, insert the date of registration (as provided in paragraph 9) of, and deliver, in the name of the designated transferee or transferees, one or more new Bonds of any Authorized Denomination or Denominations of a like aggregate principal amount, having the same stated maturity and interest rate, as requested by the transferor; provided, however, that no Bond may be registered in blank or in the name of "bearer" or similar designation. At the option of the Holder, Bonds may be exchanged for Bonds of any Authorized Denomination or Denominations of a like aggregate principal amount and stated maturity, upon surrender of the Bonds to be exchanged at the principal office of the Bond Registrar. Whenever any Bonds are so surrendered for exchange, the City shall execute (if necessary), and the Bond Registrar shall authenticate, insert the date of registration of, and deliver the Bonds which the Holder making the exchange is entitled to receive. All Bonds surrendered upon any exchange or transfer provided for in this resolution shall be promptly canceled by the Bond Registrar and thereafter disposed of as directed by the City. IX-02 73181402v1 15 All Bonds delivered in exchange for or upon transfer of Bonds shall be valid general obligations of the City evidencing the same debt, and entitled to the same benefits under this resolution, as the Bonds surrendered for such exchange or transfer. Every Bond presented or surrendered for transfer or exchange shall be duly endorsed or be accompanied by a written instrument of transfer, in form satisfactory to the Bond Registrar, duly executed by the Holder thereof or his, her or its attorney duly authorized in writing. The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of any Bond and any legal or unusual costs regarding transfers and lost Bonds. Transfers shall also be subject to reasonable regulations of the City contained in any agreement with the Bond Registrar, including regulations which permit the Bond Registrar to close its transfer books between record dates and payment dates. The Finance Manager is hereby authorized to negotiate and execute the terms of said agreement. 11. Rights Upon Transfer or Exchange. Each Bond delivered upon transfer of or in exchange for or in lieu of any other Bond shall carry all the rights to interest accrued and unpaid, and to accrue, which were carried by such other Bond. 12. Interest Payment; Record Date. Interest on any Bond shall be paid on each Interest Payment Date by check or draft mailed to the person in whose name the Bond is registered (the "Holder") on the registration books of the City maintained by the Bond Registrar and at the address appearing thereon at the close of business on the fifteenth day of the calendar month next preceding such Interest Payment Date (the "Regular Record Date"). Any such interest not so timely paid shall cease to be payable to the person who is the Holder thereof as of the Regular Record Date, and shall be payable to the person who is the Holder thereof at the close of business on a date (the "Special Record Date") fixed by the Bond Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given by the Bond Registrar to the Holders not less than ten days prior to the Special Record Date. 13. Treatment of Registered Owner. The City and Bond Registrar may treat the person in whose name any Bond is registered as the owner of such Bond for the purpose of receiving payment of principal of and premium, if any, and interest (subject to the payment provisions in paragraph 12) on, such Bond and for all other purposes whatsoever whether or not such Bond shall be overdue, and neither the City nor the Bond Registrar shall be affected by notice to the contrary. 14. Delivery; Application of Proceeds. The Bonds when so prepared and executed shall be delivered by the Finance Manager to the Purchaser upon receipt of the purchase price, and the Purchaser shall not be obliged to see to the proper application thereof. 15. Fund and Accounts. There is hereby established a special fund to be designated "General Obligation Bonds, Series 2022A Fund" (the "Fund") to be administered and maintained by the Finance Manager as a bookkeeping account separate and apart from all other funds maintained in the official financial records of the City. The Fund shall be maintained in the IX-02 73181402v1 16 manner herein specified until all of the Bonds and the interest thereon have been fully paid. The Operation and Maintenance Account for the Water System and the Operation and Maintenance Account for the Sewer System (together, the "Operation and Maintenance Accounts") heretofore established by the City shall continue to be maintained in the manner heretofore and herein provided by the City. All moneys remaining after paying or providing for the items set forth in the resolution(s) establishing the Operation and Maintenance Accounts shall constitute and are referred to as "net revenues" until the Water Portion of the Bonds and the Sewer Portion of the Bonds have been paid. In such records there shall be established accounts of the Fund for the purposes and in the amounts as follows: (a) Construction Account. To the Construction Account there shall be credited the proceeds of the sale of the Bonds, less capitalized interest, plus any special assessments levied with respect to the Improvements and collected prior to completion of the Improvements and payment of the costs thereof. From the Construction Account there shall be paid all costs and expenses of making the Project, including the cost of any construction or other contracts heretofore let and all other costs incurred and to be incurred of the kind authorized in Minnesota Statutes, Section 475.65. Moneys in the Construction Account shall be used for no other purpose except as otherwise provided by law; provided that the proceeds of the Bonds may also be used to the extent necessary to pay interest on the Bonds due prior to the anticipated date of commencement of the collection of taxes, special assessments or net revenues herein levied or covenanted to be levied; and provided further that if upon completion of the Project there shall remain any unexpended balance in the Construction Account, the balance (other than any special assessments) shall be transferred to the Debt Service Account provided that any funds attributable to the Improvement Portion of the Bonds may be transferred to the fund of any other improvement instituted pursuant to Minnesota Statutes, Chapter 429, and provided further that any special assessments credited to the Construction Account shall only be applied towards payment of the costs of the Improvements upon adoption of a resolution by the City Council determining that the application of the special assessments for such purpose will not cause the City to no longer be in compliance with Minnesota Statutes, Section 475.61, Subdivision 1. (b) Debt Service Account. There shall be maintained separate subaccounts in the Debt Service Account to be designated the "Improvements Debt Service Subaccount", "Water System Improvements Debt Service Subaccount", the "Sewer System Improvements Debt Service Subaccount" and the Capital Improvements Debt Service Subaccount." There are hereby irrevocably appropriated and pledged to, and there shall be credited to the separate subaccounts of the Debt Service Account: (i) Improvements Debt Service Subaccount. To the Improvements Debt Service Subaccount there shall be credited: : (A) capitalized interest in the amount of $___________ (together with interest earnings thereon and subject to such other adjustments as are appropriate to provide sufficient funds to pay interest due on the Improvement Portion of the Bonds on or before February 1, 2023; (B) all collections of special assessments herein covenanted to be levied with respect to the Improvements and either initially credited to the Construction Account and not already spent as permitted above and required to pay any principal and interest due on the Improvement Portion of the Bonds or collected subsequent to the completion of the Improvements and payment of the costs thereof; (C) any collections of all taxes herein or hereinafter levied for the IX-02 73181402v1 17 payment of the Improvement Portion of the Bonds and interest thereon; (D) a pro rata share of all funds remaining in the Construction Account after completion of the Project and payment of the costs thereof; (E) all investment earnings on funds held in the Improvements Debt Service Subaccount; and (F) any and all other moneys which are properly available and are appropriated by the governing body of the City to the Improvements Debt Service Subaccount. The Improvements Debt Service Subaccount shall be used solely to pay the principal and interest and any premium for redemption of the Improvement Portion of the Bonds and any other General Obligation Bonds of the City hereafter issued by the City and made payable from said subaccount as provided by law. (ii) Water System Improvements Debt Service Subaccount . To the Water System Improvements Debt Service Subaccount there shall be credited: (A) the net revenues of the Water System not otherwise pledged and applied to the payment of other obligations of the City, in an amount, together with other funds which may herein or hereafter from time to time be irrevocably appropriated to the Water System Improvements Debt Service Subaccount , sufficient to meet the requirements of Minnesota Statutes, Section 475.61 for the payment of the principal and interest of the Water Portion of the Bonds; (B) any collections of all taxes which may hereafter be levied in the event that the net revenues of the Water System and other funds herein pledged to the payment of the principal and interest on the Water Portion of the Bonds are insufficient therefore; (C) a pro rata share of all funds remaining in the Construction Account after completion of the Project and payment of the costs thereof; (D) all investment earnings on funds held in the Water System Improvements Debt Service Subaccount; and (E) any and all other moneys which are properly available and are appropriated by the governing body of the City to the Water System Improvements Debt Service Subaccount . The Water System Improvements Debt Service Subaccount shall be used solely to pay the principal and interest and any premium for redemption of the Water Portion of the Bonds and any other General Obligation Bonds of the City hereafter issued by the City and made payable from said subaccount as provided by law. (iii) Sewer System Improvements Debt Service Subaccount . To the Sewer System Improvements Debt Service Subaccount there shall be credited: (A) the net revenues of the Sewer System not otherwise pledged and applied to the payment of other obligations of the City, in an amount, together with other funds which may herein or hereafter from time to time be irrevocably appropriated to the Sewer System Improvements Debt Service Subaccount , sufficient to meet the requirements of Minnesota Statutes, Section 475.61 for the payment of the principal and interest of the Sewer Portion of the Bonds; (B) any collections of all taxes which may hereafter be levied in the event that the net revenues of the Sewer System and other funds herein pledged to the payment of the principal and interest on the Sewer Portion of the Bonds are insufficient therefore; (C) a pro rata share of all funds remaining in the Construction Account after completion of the Project and payment of the costs thereof; (D) all investment earnings on funds held in the Sewer System Improvements Debt Service Subaccount; and (E) any and all other moneys which are properly available and are appropriated by the governing body of the City to the Sewer System Improvements Debt Service Subaccount . The Sewer System Improvements Debt Service Subaccount shall IX-02 73181402v1 18 be used solely to pay the principal and interest and any premium for redemption of the Sewer Portion of the Bonds and any other General Obligation Bonds of the City hereafter issued by the City and made payable from said subaccount as provided by law. (iv) Capital Improvements Debt Service Subaccount. To the Capital Improvements Debt Service Subaccount there shall be credited: (A) capitalized interest in the amount of $___________ (together with interest earnings thereon and subject to such other adjustments as are appropriate to provide sufficient funds to pay interest due on the Capital Improvements Portion of the Bonds on or before February 1, 2023; (B) all collections of all taxes which herein or hereafter levied for the payment of the principal and interest on the Capital Improvements Portion of the Bonds; (C) a pro rata share of all funds remaining in the Construction Account after completion of the Project and payment of the costs thereof; (D) all investment earnings on funds held in the Capital Improvements Debt Service Subaccount; and (E) any and all other moneys which are properly available and are appropriated by the governing body of the City to the Capital Improvements Debt Service Subaccount. The Capital Improvements Debt Service Subaccount shall be used solely to pay the principal and interest and any premium for redemption of the Capital Improvements Portion of the Bonds and any other general obligation bonds of the City hereafter issued by the City and made payable from said subaccount as provided by law. No portion of the proceeds of the Bonds shall be used directly or indirectly to acquire higher yielding investments or to replace funds which were used directly or indirectly to acquire higher yielding investments, except (1) for a reasonable temporary period until such proceeds are needed for the purpose for which the Bonds were issued and (2) in addition to the above in an amount not greater than the lesser of five percent of the proceeds of the Bonds or $100,000. To this effect, any proceeds of the Bonds and any sums from time to time held in the Construction Account, Operation and Maintenance Accounts or Debt Service Account (or any other City account which will be used to pay principal or interest to become due on the bonds payable therefrom) in excess of amounts which under then applicable federal arbitrage regulations may be invested without regard to yield shall not be invested at a yield in excess of the applicable yield restrictions imposed by said arbitrage regulations on such investments after taking into account any applicable "temporary periods" or "minor portion" made available under the federal arbitrage regulations. Money in the Fund shall not be invested in obligations or deposits issued by, guaranteed by or insured by the United States or any agency or instrumentality thereof if and to the extent that such investment would cause the Bonds to be "federally guaranteed" within the meaning of Section 149(b) of the Internal Revenue Code of 1986, as amended (the "Code"). 16. Covenants Relating to the Improvement Portion of the Bonds. (a) Special Assessments. It is hereby determined that no less than twenty percent of the cost to the City of each Improvement financed hereunder within the meaning of Minnesota Statutes, Section 475.58, Subdivision 1(3), shall be paid by special assessments to be levied against every assessable lot, piece and parcel of land benefited by any of the Improvements. The City hereby covenants and agrees that it will let all construction contracts not heretofore let within one year after ordering each Improvement financed hereunder unless the resolution ordering the Improvement specifies a different time limit for the letting of construction contracts. IX-02 73181402v1 19 The City hereby further covenants and agrees that it will do and perform as soon as they may be done all acts and things necessary for the final and valid levy of such special assessments, and in the event that any such special assessment be at any time held invalid with respect to any lot, piece or parcel of land due to any error, defect, or irregularity in any action or proceedings taken or to be taken by the City or the City Council or any of the City officers or employees, either in the making of the special assessments or in the performance of any condition precedent thereto, the City and the City Council will forthwith do all further acts and take all further proceedings as may be required by law to make the special assessments a valid and binding lien upon such property. The special assessments have heretofore been authorized. Subject to such adjustments as are required by conditions in existence at the time the assessments are levied, it is hereby determined that the assessments shall be payable in equal, consecutive, annual installments, including both principal and interest, with interest at a rate per annum set forth below: Improvement Designation Levy Years Collection Years Amount See Attached Schedule in Exhibit B At the time the assessments are in fact levied the City Council shall, based on the then- current estimated collections of the assessments, make any adjustments in any ad valorem taxes required to be levied in order to assure that the City continues to be in compliance with Minnesota Statutes, Section 475.61, Subdivision 1. (b) Tax Levy. To provide moneys for payment of the principal and interest on the Improvement Portion of the Bonds there is hereby levied upon all of the taxable property in the City a direct annual ad valorem tax which shall be spread upon the tax rolls and collected with and as part of other general property taxes in the City for the years and in the amounts as follows: Levy Years Collection Years Amount See Attached Schedule in Exhibit B (c) Coverage Test. The tax levies are such that if collected in full they, together with estimated collections of special assessments and other revenues herein pledged for the payment of the Improvement Portion of the Bonds, will produce at least five percent in excess of the amount needed to meet when due the principal and interest payments on the Improvement Portion of the Bonds. The tax levies shall be irrepealable so long as any of the Bonds are outstanding and unpaid, provided that the City reserves the right and power to reduce the levies in the manner and to the extent permitted by Minnesota Statutes, Section 475.61, Subdivision 3. 17. Covenants Relating to the Water Portion of the Bonds. (a) Sufficiency of Net Revenues; Coverage Test. It is hereby found, determined and declared that the net revenues of the Water System are sufficient in an amount to pay when due IX-02 73181402v1 20 the principal and interest on the Water Portion of the Bonds and the Outstanding Water Bonds and a sum at least five percent in excess thereof. It is hereby found, determined and declared that the net revenues of the System are sufficient in an amount to pay when due the principal and interest on the Outstanding Utility Bonds and a sum at least five percent in excess thereof. The net revenues of the Water System are hereby pledged on a parity lien with the Outstanding Water Bonds and the Outstanding Utility Bonds and shall be applied for that purpose, but solely to the extent required to meet, together with other pledged sums, the principal and interest requirements of the Water Portion of the Bonds. As used herein the term net revenues means the gross revenues derived by the City from the operation of the Water System, including all charges for service, use, availability, and connection to the Water System, and all monies received from the sale of any facilities or equipment of the Water System or any by-products thereof, less all normal, reasonable, or current costs of owning, operating, and maintaining the Water System. Nothing contained herein shall be deemed to preclude the City from making further pledges and appropriations of the net revenues of the Water System for the payment of other or additional obligations of the City, provided that it has first been determined by the City Council that the estimated net revenues of the Water System will be sufficient in addition to all other sources, for the payment of the Water Portion of the Bonds and such additional obligations and any such pledge and appropriation of the net revenues may be made superior or subordinate to, or on a parity with the pledge and appropriation herein. (b) Excess Net Revenues. Net revenues of the Water System in excess of those required for the foregoing may be used for any proper purpose. (c) Covenant to Maintain Rates and Charges. In accordance with Minnesota Statutes, Section 444.075, the City hereby covenants and agrees with the Holders of the Bonds that it will impose and collect charges for the service, use, availability and connection to the Water System at the times and in the amounts required to produce net revenues adequate to pay all principal and interest when due on the Water Portion of the Bonds. Minnesota Statutes, Section 444.075, Subdivision 2, provides as follows: "Real estate tax revenues should be used only, and then on a temporary basis, to pay general or special obligations when the other revenues are insufficient to meet the obligations." 18. Covenants Relating to the Sewer Portion of the Bonds. (a) Sufficiency of Net Revenues; Coverage Test. It is hereby found, determined and declared that the net revenues of the Sewer System are sufficient in an amount to pay when due the principal and interest on the Sewer Portion of the Bonds and the Outstanding Sewer Bonds and a sum at least five percent in excess thereof. It is hereby found, determined and declared that the net revenues of the System are sufficient in an amount to pay when due the principal and interest on the Outstanding Utility Bonds and a sum at least five percent in excess thereof. The net revenues of the Sewer System are hereby pledged on a parity lien with the Outstanding Sewer Bonds and the Outstanding Utility Bonds and shall be applied for that purpose, but solely to the extent required to meet, together with other pledged sums, the principal and interest requirements of the Sewer Portion of the Bonds. As used herein the term net revenues means the gross revenues derived by the City from the operation of the Sewer System, including all charges for service, use, availability, and connection to the Sewer System, and all monies received from IX-02 73181402v1 21 the sale of any facilities or equipment of the Sewer System or any by-products thereof, less all normal, reasonable, or current costs of owning, operating, and maintaining the Sewer System. Nothing contained herein shall be deemed to preclude the City from making further pledges and appropriations of the net revenues of the Sewer System for the payment of other or additional obligations of the City, provided that it has first been determined by the City Council that the estimated net revenues of the Sewer System will be sufficient in addition to all other sources, for the payment of the Sewer Portion of the Bonds and such additional obligations and any such pledge and appropriation of the net revenues may be made superior or subordinate to, or on a parity with the pledge and appropriation herein. (b) Excess Net Revenues. Net revenues of the Sewer System in excess of those required for the foregoing may be used for any proper purpose. (c) Covenant to Maintain Rates and Charges. In accordance with Minnesota Statutes, Section 444.075, the City hereby covenants and agrees with the Holders of the Bonds that it will impose and collect charges for the service, use, availability and connection to the Sewer System at the times and in the amounts required to produce net revenues adequate to pay all principal and interest when due on the Sewer Portion of the Bonds. Nothing herein shall preclude the City for levying taxes for the payment of the Sewer Portion of the Bonds as permitted by Minnesota Statutes, Section 115.46. 19. Covenants Relating to the Capital Improvements Portion of the Bonds. (a) Tax Levy. To provide moneys for payment of the principal and interest on the Capital Improvements Portion of the Bonds there is hereby levied upon all of the taxable property in the City a direct annual ad valorem tax which shall be spread upon the tax rolls and collected with and as part of other general property taxes in the City for the years and in the amounts as follows: Year of Tax Levy Year of Tax Collection Amount See Attached Schedule in Exhibit B (b) Coverage Test. The tax levies are such that if collected in full they, together with other revenues herein pledged for the payment of the Capital Improvements Portion of the Bonds, will produce at least five percent in excess of the amount needed to meet when due the principal and interest payments on the Capital Improvements Portion of the Bonds. The tax levies shall be irrepealable so long as any of the Capital Improvements Portion of the Bonds are outstanding and unpaid, provided that the City reserves the right and power to reduce the levies in the manner and to the extent permitted by Minnesota Statutes, Section 475.61, Subdivision 3. 20. General Obligation Pledge. For the prompt and full payment of the principal and interest on the Bonds, as the same respectively become due, the full faith, credit and taxing powers of the City shall be and are hereby irrevocably pledged. If the net revenues of the Water System appropriated and pledged to the payment of principal and interest on the Water Portion of the Bonds, together with other funds irrevocably appropriated to the Water System IX-02 73181402v1 22 Improvements Debt Service Subaccount herein established, shall at any time be insufficient to pay such principal and interest when due, the City covenants and agrees to levy, without limitation as to rate or amount an ad valorem tax upon all taxable property in the City sufficient to pay such principal and interest as it becomes due. If the net revenues of the Sewer System appropriated and pledged to the payment of principal and interest on the Sewer Portion of the Bonds, together with other funds irrevocably appropriated to the Sewer System Improvements Debt Service Subaccount herein established, shall at any time be insufficient to pay such principal and interest when due, the City covenants and agrees to levy, without limitation as to rate or amount an ad valorem tax upon all taxable property in the City sufficient to pay such principal and interest as it becomes due. If the balance in the Debt Service Account is ever insufficient to pay all principal and interest then due on the Bonds and any other bonds payable therefrom, the deficiency shall be promptly paid out of any other funds of the City which are available for such purpose, and such other funds may be reimbursed with or without interest from the Debt Service Account when a sufficient balance is available therein. 21. Continuing Disclosure. The City is the sole obligated person with respect to the Bonds. The City hereby agrees, in accordance with the provisions of Rule 15c2-12 (the "Rule"), promulgated by the Securities and Exchange Commission (the "Commission") pursuant to the Securities Exchange Act of 1934, as amended, and a Continuing Disclosure Undertaking (the "Undertaking") hereinafter described to: (a) Provide or cause to be provided to the Municipal Securities Rulemaking Board (the "MSRB") by filing at www.emma.msrb.org in accordance with the Rule, certain annual financial information and operating data in accordance with the Undertaking. The City reserves the right to modify from time to time the terms of the Undertaking as provided therein. (b) Provide or cause to be provided to the MSRB notice of the occurrence of certain events with respect to the Bonds in not more than ten (10) business days after the occurrence of the event, in accordance with the Undertaking. (c) Provide or cause to be provided to the MSRB notice of a failure by the City to provide the annual financial information with respect to the City described in the Undertaking, in not more than ten (10) business days following such occurrence. (d) The City agrees that its covenants pursuant to the Rule set forth in this paragraph and in the Undertaking is intended to be for the benefit of the Holders of the Bonds and shall be enforceable on behalf of such Holders; provided that the right to enforce the provisions of these covenants shall be limited to a right to obtain specific enforcement of the City's obligations under the covenants. The Mayor and Clerk of the City, or any other officer of the City authorized to act in their place (the "Officers") are hereby authorized and directed to execute on behalf of the City the Undertaking in substantially the form presented to the City Council subject to such modifications thereof or additions thereto as are (i) consistent with the requirements under the Rule, (ii) required by the Purchaser of the Bonds, and (iii) acceptable to the Officers. IX-02 73181402v1 23 22. Defeasance. When all Bonds have been discharged as provided in this paragraph, all pledges, covenants and other rights granted by this resolution to the registered holders of the Bonds shall, to the extent permitted by law, cease. The City may discharge its obligations with respect to any Bonds which are due on any date by irrevocably depositing with the Bond Registrar on or before that date a sum sufficient for the payment thereof in full; or if any Bond should not be paid when due, it may nevertheless be discharged by depositing with the Bond Registrar a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. The City may also discharge its obligations with respect to any prepayable Bonds called for redemption on any date when they are prepayable according to their terms, by depositing with the Bond Registrar on or before that date a sum sufficient for the payment thereof in full, provided that notice of redemption thereof has been duly given. The City may also at any time discharge its obligations with respect to any Bonds, subject to the provisions of law now or hereafter authorizing and regulating such action, by depositing irrevocably in escrow, with a suitable banking institution qualified by law as an escrow agent for this purpose, cash or securities described in Minnesota Statutes, Section 475.67, Subdivision 8, bearing interest payable at such times and at such rates and maturing on such dates as shall be required, without regard to sale and/or reinvestment, to pay all amounts to become due thereon to maturity or, if notice of redemption as herein required has been duly provided for, to such earlier redemption date. 23. Compliance With Reimbursement Bond Regulations. The provisions of this paragraph are intended to establish and provide for the City's compliance with United States Treasury Regulations Section 1.150-2 (the "Reimbursement Regulations") applicable to the "reimbursement proceeds" of the Bonds, being those portions thereof which will be used by the City to reimburse itself for any expenditure which the City paid or will have paid prior to the Closing Date (a "Reimbursement Expenditure"). The City hereby certifies and/or covenants as follows: (a) Not later than sixty days after the date of payment of a Reimbursement Expenditure, the City (or person designated to do so on behalf of the City) has made or will have made a written declaration of the City's official intent (a "Declaration") which effectively (i) states the City's reasonable expectation to reimburse itself for the payment of the Reimbursement Expenditure out of the proceeds of a subsequent borrowing; (ii) gives a general and functional description of the property, project or program to which the Declaration relates and for which the Reimbursement Expenditure is paid, or identifies a specific fund or account of the City and the general functional purpose thereof from which the Reimbursement Expenditure was to be paid (collectively the "Project"); and (iii) states the maximum principal amount of debt expected to be issued by the City for the purpose of financing the Project; provided, however, that no such Declaration shall necessarily have been made with respect to: (i) "preliminary expenditures" for the Project, defined in the Reimbursement Regulations to include engineering or architectural, surveying and soil testing expenses and similar prefatory costs, which in the aggregate do not exceed twenty percent of the "issue price" of the Bonds, and (ii) a de minimis amount of Reimbursement Expenditures not in excess of the lesser of $100,000 or five percent of the proceeds of the Bonds. IX-02 73181402v1 24 (b) Each Reimbursement Expenditure is a capital expenditure or a cost of issuance of the Bonds or any of the other types of expenditures described in Section 1.150-2(d)(3) of the Reimbursement Regulations. (c) The "reimbursement allocation" described in the Reimbursement Regulations for each Reimbursement Expenditure shall and will be made forthwith following (but not prior to) the issuance of the Bonds, and not later than three years after the later of (i) the date of the payment of the Reimbursement Expenditure, or (ii) the date on which the Project to which the Reimbursement Expenditure relates is first placed in service. (d) Each such reimbursement allocation will be made in a writing that evidences the City's use of Bond proceeds to reimburse the Reimbursement Expenditure and, if made within 30 days after the Bonds are issued, shall be treated as made on the day the Bonds are issued. Provided, however, that the City may take action contrary to any of the foregoing covenants in this paragraph upon receipt of an opinion of its Bond Counsel for the Bonds stating in effect that such action will not impair the tax-exempt status of the Bonds. 24. Certificate of Registration. The Clerk is hereby directed to file a certified copy of this resolution with the County Auditors of Dakota and Washington Counties, Minnesota, together with such other information as each of the County Auditors shall require, and to obtain from each County Auditor their certificate that the Bonds have been entered in their Bond Register, and that the tax levy required by law has been made. 25. Negative Covenant as to Use of Bond Proceeds and Project. The City hereby covenants not to use the proceeds of the Bonds or to use the Project, or to cause or permit them to be used, or to enter into any deferred payment arrangements for the cost of the Project, in such a manner as to cause the Bonds to be "private activity bonds" within the meaning of Sections 103 and 141 through 150 of the Code. 26. Tax-Exempt Status of the Bonds; Rebate. The City shall comply with requirements necessary under the Code to establish and maintain the exclusion from gross income under Section 103 of the Code of the interest on the Bonds, including without limitation (i) requirements relating to temporary periods for investments, (ii) limitations on amounts invested at a yield greater than the yield on the Bonds, and (iii) the rebate of excess investment earnings to the United States. The City expects to satisfy the 18-month expenditure exemption for gross proceeds of the Bonds as provided in Section 1.148-7(d)(1) of the Regulations. The Mayor and/or City Clerk are hereby authorized and directed to make such elections as to arbitrage and rebate matters relating to the Bonds as they deem necessary, appropriate or desirable in connection with the Bonds, and all such elections shall be, and shall be deemed and treated as, elections of the City. 27. Designation of Qualified Tax-Exempt Obligations. In order to qualify the Bonds as "qualified tax-exempt obligations" within the meaning of Section 265(b)(3) of the Code, the City hereby makes the following factual statements and representations: (a) the Bonds are issued after August 7, 1986; IX-02 73181402v1 25 (b) the Bonds are not "private activity bonds" as defined in Section 141 of the Code; (c) the City hereby designates the Bonds as "qualified tax-exempt obligations" for purposes of Section 265(b)(3) of the Code; (d) the reasonably anticipated amount of tax-exempt obligations (other than private activity bonds, treating qualified 501(c)(3) bonds as not being private activity bonds) which will be issued by the City (and all entities treated as one issuer with the City, and all subordinate entities whose obligations are treated as issued by the City) during this calendar year 2022 will not exceed $10,000,000; (e) not more than $10,000,000 of obligations issued by the City during this calendar year 2022 have been designated for purposes of Section 265(b)(3) of the Code; and (f) the aggregate face amount of the Bonds does not exceed $10,000,000. The City shall use its best efforts to comply with any federal procedural requirements which may apply in order to effectuate the designation made by this paragraph. 28. Official Statement. The Official Statement relating to the Bonds prepared and distributed by Northland is hereby approved and the officers of the City are authorized in connection with the delivery of the Bonds to sign such certificates as may be necessary with respect to the completeness and accuracy of the Official Statement. 29. Severability. If any section, paragraph or provision of this resolution shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions of this resolution 30. Headings. Headings in this resolution are included for convenience of reference only and are not a part hereof, and shall not limit or define the meaning of any provision hereof. The motion for the adoption of the foregoing resolution was duly seconded by member _____________ and, after a full discussion thereof and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: Whereupon the resolution was declared duly passed and adopted. IX-02 73181402v1 26 STATE OF MINNESOTA COUNTIES OF DAKOTA AND WASHINGTON CITY OF HASTINGS I, the undersigned, being the duly qualified and acting Clerk of the City of Hastings, Minnesota, do hereby certify that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council, duly called and held on the date therein indicated, insofar as such minutes relate to authorizing the issuance and awarding the sale of $6,215,000 General Obligation Bonds, Series 2022A. WITNESS my hand on May 2, 2022. _______________________________________ Clerk IX-02 73181402v1 A-1 EXHIBIT A PROPOSALS [To be supplied by Northland Securities, Inc.] IX-02 73181402v1 B-1 EXHIBIT B SCHEDULES [To be supplied by Northland Securities, Inc.] IX-02 Summary: Hastings, Minnesota; General Obligation Primary Credit Analyst: Coral Schoonejans, Centennial + 1 (303) 721-4948; coral.schoonejans@spglobal.com Secondary Contact: Scott Nees, Chicago + 1 (312) 233 7064; scott.nees@spglobal.com Table Of Contents Rating Action Stable Outlook Credit Opinion Related Research WWW.STANDARDANDPOORS.COM/RATINGSDIRECT APRIL 11, 2022 1 IX-02 Summary: Hastings, Minnesota; General Obligation Credit Profile US$6.78 mil GO bnds ser 2022A due 02/01/2033 Long Term Rating AA/Stable New Rating Action S&P Global Ratings assigned its 'AA' long-term rating to Hastings, Minn.'s approximately $6.8 million series 2022A general obligation (GO) bonds. The outlook is stable. Securing the bonds is the city's full faith and credit pledge and ability to levy unlimited ad valorem property taxes. The bonds are payable from special assessments and net revenue from the city's sewer and water systems, but the rating is based on the unlimited ad valorem tax pledge. The bond proceeds will finance various street and utility improvements throughout the city. Credit overview Hastings is a predominantly residential community south of the Twin Cities that is well positioned for continuous residential growth due to its proximity to the metropolitan statistical area (MSA). In our view, the city's steadily growing valuations, supported by strong new housing development over past decades, offset its comparatively weaker income and wealth metrics. Hastings has consistently reported positive financial operations, enabling the city to build substantial operating reserves. The city has preliminary plans to issue additional debt, but given its rapid amortization and modest debt profile these additional plans will not materially worsen our view of the debt profile. As a result, we anticipate rating stability over the outlook horizon. The 'AA' rating reflects our assessment of the city's: • Access to the broad and diverse Minneapolis-St. Paul MSA, which supports continuous new residential development and steadily growing valuations; • Consecutive operating surpluses supporting very strong reserves well above the ceiling of the formal reserve policy; • Strong management, with conservative budgeting, good financial policies and practices, and an institutional framework we consider strong; and • Manageable debt and contingent liability profile, which we do not expect to materially worsen with additional debt plans. Environmental, social, and governance We view Hastings' environmental risk as elevated compared with the sector due to its location on the Mississippi River, which exposes it to elevated flood risk. We note that the city recently experienced an attempted cybersecurity breach but was able to thwart the attempt. As a result of the attempt, officials have taken further steps to strengthen WWW.STANDARDANDPOORS.COM/RATINGSDIRECT APRIL 11, 2022 2 IX-02 cybersecurity defenses. We view Hastings' social and governance risks as being in line with our view of the sector standard. Stable Outlook Upside scenario We could consider a positive rating action if the city's income indicators and market value per capita increase significantly. The adoption of a long-term financial plan could increase the likelihood of a positive rating action. Downside scenario We could consider a negative rating action if financial performance and reserves experience sustained deterioration, resulting in much lower reserve levels or weakened liquidity. Credit Opinion Strong economy, with access to the broad and diverse Minneapolis-St. Paul MSA supporting continuous new housing development Hastings' tax base is primarily residential (80% net tax capacity), with a sizable commercial/industrial component (18% net tax capacity). The city is in Dakota County and encompasses 11.4 square miles in the Minneapolis-St. Paul-Bloomington MSA, which we consider to be broad and diverse. Officials report of ongoing renovations in its historic downtown area and expansion in its industrial park. The tax base has grown steadily, with continued growth expected. Strong management, with strong reserves and conservative budget assumptions Highlights to the city's financial management policies and practices include: • The city prepares its budget on a line-by-line item basis and uses at least three years of historical information to assist in the process; • The council members are updated on a quarterly basis with a budget-to-actual report; • Management has a five-year capital plan, updated annually, that identifies cost estimates and sources of funding; • The city has its own investment policy and council is updated quarterly on the holdings and investment performance; • It also has a debt management policy that details limitations and restrictions; • Management has a reserve policy that aims to maintain between 35%-45% of the subsequent year's budgeted operating expenditures in the general fund; this was developed for cash-flow purposes due to collection times of property tax revenues; and • The city does not currently maintain any formalized long-term plan for the budget. Conservative budgeting supports routine surpluses and a very strong cash position For fiscal 2021, officials estimate an ending operating surplus of $2.2 million, largely the result of $1.3 million in unspent American Rescue Plan Act fund proceeds, positive variances in building and inspection revenue, and WWW.STANDARDANDPOORS.COM/RATINGSDIRECT APRIL 11, 2022 3 Summary: Hastings, Minnesota; General ObligationIX-02 conservative budgeting. The city's primary revenue sources have been stable; property taxes make up about 64% of general fund revenue. Hastings was allocated a total of $2.4 million under the American Rescue Plan Act (half received in fiscal 2021 and half to be received in fiscal 2022), which the city plans to use on nonrecurring costs over the next several years. Given the city's history of balanced operations, we expect performance will remain at least strong. Hastings has reported positive operations in recent years as a result of its conservative approach to budgeting. To assess the city's budgetary flexibility, we combined the available general fund balance ($8.3 million) and fire and ambulance fund balance ($1.5 million), as of fiscal 2020. The city states that the growth in the general fund balance in fiscal 2020 was due to halted spending for capital projects as a result of the pandemic. Management indicates the city might use general fund reserves for a public works storage building in fiscal 2022. Given the high level of current reserves, we do not expect this planned drawdown will materially weaken the city's budgetary flexibility, and we expect the city's available fund balance as a percent of expenditures will remain above its fund balance policy ceiling of 45%. At fiscal year-end 2020, Hastings had approximately $25.6 million in available cash, after adjusting for restricted funds. The city does not have any direct-purchase or private-placement debt. Overall, we expect the reserve and liquidity position to remain very strong for the foreseeable future. Adequate debt and contingent liability profile, with no significant further debt plans In assessing the city's debt profile, we reduced its overall debt burden by the amount of revenue-source bonds that we deem partially self-supported with water and sewer enterprise revenue. The city plans to issue $4.5 million for street projects annually and $1.0 million for a utility project. However, given the city's rapid amortization we do not believe these plans will materially weaken its debt burden. Manageable pension and other postemployment benefits (OPEB) profile We do not believe that pension and OPEB liabilities represent a medium-term credit pressure, as contributions are only a modest share of the budget, and we believe the city has the capacity to absorb higher costs without pressuring operations. The city participates in the following plans: • Minnesota General Employees Retirement Fund (GERF): 79.1% funded (as of June 30, 2020), with a city proportionate share of the plan's net pension liability of $4.26 million; • Minnesota Police and Fire Fund (PEPFF): 87.2% funded (as of June 30, 2020), with a proportionate share of $4.95 million; and • A single-employer, defined-benefit OPEB plan: funded on a pay-as-you-go basis with a net OPEB liability of $4.3 million, measured as of January 1, 2020. The city's two largest pension plans have seen improvements in funded status in recent years, although plan statutory formula contributions have regularly fallen short of actuarial recommendations. Along with certain plan-specific actuarial assumptions and methods, this introduces some long-term risk of funding volatility and cost acceleration over WWW.STANDARDANDPOORS.COM/RATINGSDIRECT APRIL 11, 2022 4 Summary: Hastings, Minnesota; General ObligationIX-02 time, if future funding shortfalls are not met with offsetting adjustments by the state legislature. Regardless, costs remain only a modest share of total spending, and we believe they are unlikely to pressure the city's medium-term operational health. Strong institutional framework The institutional framework score for Minnesota cities with a population greater than 2,500 is strong. Hastings, MN: Key Credit Metrics Most recent Historical information 2020 2019 2018 Strong economy Projected per capita EBI % of U.S.103.80 Market value per capita ($)98,099 Population 23,971 23,810 23,618 County unemployment rate (%)6.20 Market value ($000)2,351,534 2,234,924 2,118,261 1,988,653 Top 10 taxpayers % of taxable value 6.90 Very strong budgetary performance Operating fund result % of expenditures 11.40 2.90 0.90 Total governmental fund result % of expenditures 1.90 9.50 0.90 Very strong budgetary flexibility Available reserves % of operating expenditures 67.90 50.90 44.80 Total available reserves ($000)10,374 7,783 7,025 Very strong liquidity Total government cash % of governmental fund expenditures 102.20 103.20 87.70 Total government cash % of governmental fund debt service 701.30 585.50 526.50 Strong management Financial Management Assessment Good Strong debt & long-term liabilities Debt service % of governmental fund expenditures 14.60 17.60 16.60 Net direct debt % of governmental fund revenue 83.90 Overall net debt % of market value 2.20 Direct debt 10-year amortization (%)92.90 Required pension contribution % of governmental fund expenditures 4.50 OPEB actual contribution % of governmental fund expenditures 1.50 Strong institutional framework EBI--Effective buying income. OPEB--Other postemployment benefits. Related Research • Criteria Guidance: Assessing U.S. Public Finance Pension And Other Postemployment Obligations For GO Debt, WWW.STANDARDANDPOORS.COM/RATINGSDIRECT APRIL 11, 2022 5 Summary: Hastings, Minnesota; General ObligationIX-02 Local Government GO Ratings, And State Ratings, Oct. 7, 2019 • Through The ESG Lens 3.0: The Intersection Of ESG Credit Factors And U.S. Public Finance Credit Factors, March 2, 2022 • 2021 Update Of Institutional Framework For U.S. Local Governments Certain terms used in this report, particularly certain adjectives used to express our view on rating relevant factors, have specific meanings ascribed to them in our criteria, and should therefore be read in conjunction with such criteria. Please see Ratings Criteria at www.standardandpoors.com for further information. Complete ratings information is available to subscribers of RatingsDirect at www.capitaliq.com. All ratings affected by this rating action can be found on S&P Global Ratings' public website at www.standardandpoors.com. Use the Ratings search box located in the left column. WWW.STANDARDANDPOORS.COM/RATINGSDIRECT APRIL 11, 2022 6 Summary: Hastings, Minnesota; General ObligationIX-02 WWW.STANDARDANDPOORS.COM/RATINGSDIRECT APRIL 11, 2022 7 STANDARD & POOR’S, S&P and RATINGSDIRECT are registered trademarks of Standard & Poor’s Financial Services LLC. S&P may receive compensation for its ratings and certain analyses, normally from issuers or underwriters of securities or from obligors. S&P reserves the right to disseminate its opinions and analyses. S&P's public ratings and analyses are made available on its Web sites, www.standardandpoors.com (free of charge), and www.ratingsdirect.com (subscription), and may be distributed through other means, including via S&P publications and third-party redistributors. 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In no event shall S&P Parties be liable to any party for any direct, indirect, incidental, exemplary, compensatory, punitive, special or consequential damages, costs, expenses, legal fees, or losses (including, without limitation, lost income or lost profits and opportunity costs or losses caused by negligence) in connection with any use of the Content even if advised of the possibility of such damages. Copyright © 2022 by Standard & Poor’s Financial Services LLC. All rights reserved. IX-02 City Council Memorandum To: Mayor Fasbender and City Council From: Justin Fortney, City Planner Date: May 2, 2022 Item: Comprehensive Plan Amendment and 2nd Reading: Rezone Property - 117 22nd St W Council Action Requested: Consider and act on the following two resolutions to rezone the subject property from commercial to residential. This proposal is at the request of the property owner, Rosa Castro, for the purposes of constructing a new duplex on a now vacant lot. 1. Comprehensive Plan Amendment guiding the future use of the subject property from Commercial to Medium Density Residential. 2. 2nd reading to amend City Code Chapter 155.01 by rezoning property from C-3, Community Regional Commerce to R-3, Medium-High Density Residence. A simple majority is necessary for the actions. 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: • Comprehensive Plan Amendment Resolution • Ordinance Amendment • Planning Commission Memo - April 11, 2022 X-C-01 (a, b) HASTINGS CITY COUNCIL RESOLUTION NO._________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS AMENDING THE CITY OF HASTINGS 2040 COMPREHENSIVE PLAN Councilmember ___________________________ introduced the following Resolution and moved its adoption: WHEREAS, Rosa Castro, owner of the property described below, has petitioned for an amendment to the Future Land Use Map of the 2040 Comprehensive Plan to re- guide the following property from “Commercial” to “Medium Density Residence”: 117 22nd Street W, legally described as Lot 13, Block 3, TOWN OF VERMILLION, Dakota County, Minnesota. WHEREAS, On April 11, 2022 the Hastings Planning Commission recommended approval of the amendment as presented; and WHEREAS, The City Council has reviewed the request and concurs with the recommendation of the Planning Commission. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HASTINGS AS FOLLOWS: That the City Council hereby approves the amendment as presented to the City Council subject to the following conditions: 1. Approval by Metropolitan Council. Council member ______________________ moved a second to this resolution and upon being put to a vote adopted by those present. X-C-01 (a, b) Adopted by the Hastings City Council on May 2, 2022, by the following vote: Ayes: Nays: Absent: ATTEST: __________________________ Mary Fasbender, Mayor ________________________________ Kelly Murtaugh, City Clerk (City Seal) I HEREBY CERTIFY that the above is a true and correct copy of resolution presented to and adopted by the City of Hastings, County of Dakota, Minnesota, on the 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 This instrument drafted by: City of Hastings (JJF) 101 4th St. E. Hastings, MN 55033 X-C-01 (a, b) ORDINANCE NO. 2022-____, 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 X-C-01 (a, b) 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 X-C-01 (a, b) To: Planning Commissioners From: Justin Fortney, City Planner Date: April 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 X-C-01 (a, b) 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. X-C-01 (a, b) 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. X-C-01 (a, b) 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. X-C-01 (a, b) 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. X-C-01 (a, b) ATTACHMENTS • Aerial Map • Photo of the former home on the subject parcel AERIAL MAP Former house, now demolished X-C-01 (a, b) City Council Memorandum To: Mayor Fasbender & City Councilmembers From: City Administrator Dan Wietecha Date: May 2, 2022 Item: Appointment of Dave Wilske as Police Chief Council Action Requested: Appoint Dave Wilske as Police Chief effective May 30, 2022. Background Information: Over the past couple months, we have had a series of interviews for Police Chief. Key among them was a community partners panel with representatives from Dakota County Social Services, 360 Communities, IDEA, Ally Services, and Hastings Ministerial. These partners brought vital perspective on key trends and emerging issues. Additional panel interviews were conducted with HPD staff and with City Department Heads. The Police panel included representatives from patrol officers, supervisory officers, records support, and Dakota County Sheriff’s Office. A one-on-one interview was conducted with the City Administrator. The final interview was with the Public Safety Committee of the City Council (Councilmembers Leifeld*, Braucks, and Lund) as well as members of the Public Safety Advisory Commission (Pemble*, Ascheman, and Auge). Following the final interview, we reached a consensus agreement to recommend appointment of Dave Wilske as Police Chief. Wilske has served as the HPD Deputy Chief since 2017 and has been instrumental in fostering the Department’s strong culture of service and community engagement. Prior to coming to Hastings, he worked for the University of Minnesota Police Department for 20 years, where he progressed to the rank of Patrol Lieutenant. Financial Impact: Position is budgeted Committee Discussion: On April 26, the Public Safety Committee interviewed Dave Wilske and agreed with the recommendation to appoint him as Police Chief. Attachments: N/A X-E-01 City Council Memorandum To: Mayor Fasbender & City Councilmembers From: Chris Jenkins, Parks & Recreation Director Date: May 2, 2022 Item: Community Investment Fund Recommendations Council Action Requested: Approve the Finance Committee of Council’s recommendations for Community Investment Fund funding. Background Information: As part of the 2022 Budget, the City Council initiated the Community Investment Fund and allocated $100,000.00 in funding for 2022. An application and process was developed and implemented, and a public kickoff meeting was hosted earlier this year. The Community Investment Fund is focused on partnerships and civic engagement with a goal of creating and supporting vibrant, community-supported, public projects and efforts. A review of applications was completed with the Finance Committee of Council on Wednesday, April 27th. A total of 10 applications were received. Council and staff identified alternative funding sources for 2 of those applications, and unanimously recommend funding for 6 of the remaining 8 applications. • Downtown Business Association: $19,563.00 for winter decorations in the downtown area. DBA matching with $19,563.00. • Building Remembrance for Reconciliation (BR4R): $10,000.00 to complete a charette process identifying a future art project and installation. BR4R matching with $3,000.00. • Hastings Hockey Association: $30,273.00 to replace scoreboards in the East Rink and replace the Arena sound system. HHA matching with $32,800.00. • Dakota County Historical Society, Leduc Mansion: $9,920.00 for a new gardening shed, perimeter fencing and site signage. DCHS matching with $4,041.00. • Hastings Hawks & Hastings Youth Athletic Association: $17,221.00 for batting cages and bullpen upgrades. Hawks & HYAA matching with $10,000.00. • Hastings Football Club: $10,000.00 for new soccer goals. HFC has committed up to $25,000.00 to continue improvements at Vets Soccer Fields. X-E-02 Financial Impact: Allocation remains within the $100,000.00 budget allocation for the 2022 CIF. Approximately $96,977.00 is being allocated at this time. Applicants are matching this allocation with up to $94,404.00 to complete these projects. Advisory Commission Discussion: N/A Council Committee Discussion: Finance Committee met on Wednesday, April 27, 2022 and offered the included, unanimous recommendation. Attachments: ▪ N/A X-E-02