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CITY OF HASTINGS
CITY COUNCIL AGENDA
Monday, May 16, 2022 7:00 p.m.
I. CALL TO ORDER
II. PLEDGE OF ALLEGIANCE
III. ROLL CALL
IV. DETERMINATION OF QUORUM
Proclamation: May 29, 2022 as Bryan D. Schafer Day in the City of Hastings, MN
Police Swearing-In
Chief Dave Wilske
Deputy Chief Bryan Schowalter
Officer Georgeann Freeman Denn
Officer Matthew Green
Awarding the Century Home Contest Winner – Presentation by the Hastings
Heritage Preservation Commission
V. APPROVAL OF MINUTES
Approve Minutes of the City Council regular meeting on May 2, 2022.
VI. COMMENTS FROM THE AUDIENCE
Comments from the audience may include remarks about items listed on the Consent
Agenda.
VII. COUNCIL ITEMS TO BE CONSIDERED
VIII. CONSENT AGENDA
The items on the Consent Agenda are items of routine nature or no perceived controversy
to be acted upon by the City Council in a single motion. There will be no discussion on
these items unless a Councilmember so requests, in which event the items will be
removed from the Consent Agenda to the appropriate Department for discussion.
1. Pay Bills as Audited
2. Resolution: Accept Donation from the Ruth Gale and George W. Doffing Charitable
Fund in Support of the Music in the Park Series for 2023
3. Resolution: Accept Donation from Ruth Gale & George W. Doffing Charitable Fund
in Support of Public Art Project
4. Resolution: Accept Donation from American Center of Philanthropy on Behalf of
Ruth Gale and George W. Doffing Charitable Fund in Support of Design Phase for
Potential Business Incubator
5. Resolution: Approve In-Store Fireworks Sales License for Walmart Supercenter
#1472 and Coborn’s Grocery Store #2037
6. Resolution: Accept Donation from the Estate of Tecla Karpen to the Parks and
Recreation Department
7. Declare Abandoned/Surplus Property and Authorize for Public Sale and Recycling
8. Resolution: Approve Entry into the 2023-2027 Master Partnership Contract
Agreement with MnDOT
9. Resolution: Accept Donation from the Letendre Family and Friends to the Parks and
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Recreation Department
10. Resolutions: Authorizing Individuals as Designee Signers for Banking Transactions
11. Resolution: Amendment to 2022 Budget for Public Works and Le Duc
12. Resolution: Authorize Submission of Ballot Drop Box Grant
13. Dakota Broadband Board (DBB) Informational Update
14. Dakota Communications Center (DCC) Joint Powers Agreement
15. Disbursement from Doffing Trust for Dakota County Library Pride Celebration
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. Intek Plastics (1000 Spiral Blvd)
a. Public Hearing: Support of MN DEED Minnesota Investment Fund Application
b. Resolution: Support of MN DEED Minnesota Investment Fund Application
c. Resolution: Support of MN DEED Job Creation Fund Application
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. Appeal of Administrative Decision: Hudella (15213 Ravenna Tr.)
D. Public Safety
E. Administration
XI. UNFINISHED BUSINESS
XII. NEW BUSINESS
XIII. REPORTS FROM CITY COMMITTEES, OFFICERS, COUNCILMEMBERS
XIV. ADJOURNMENT
Next Regular City Council Meeting: Monday June 6, 2022 7:00 p.m.
PROCLAMATION
Proclaiming May 29, 2022 as Bryan D. Schafer Day
in the City of Hastings, MN
WHEREAS, Hastings Police Chief Bryan D. Schafer is one of 55 police chiefs to lead the Hastings Police Department
during its 165-year history and will retire after 39 years as a police officer and nearly 8 1/2 years as Hastings Police Chief,
effective May 29, 2022, AND,
WHEREAS, he has significantly changed the culture and structure of the organization and advanced the agency further
than ever before, at a time when policing has undergone dramatic changes, AND,
WHEREAS, he has strengthened the department through hiring and/or promoting 80 percent of the positions since being
hired and given them the necessary tools to do their jobs safely and effectively, AND,
WHEREAS, he has established management and coaching processes based on fairness, accountability and a strong
reward system; and implemented tracking of staff training to ensure compliance with the MN Post Board requirements,
AND,
WHEREAS, he has implemented technology advancements like body-worn cameras and MVR coupled with
accountability demands by the public, and increased access and service by establishing online police and digital forms
and applications, AND,
WHEREAS, he has updated necessary policies and procedures to ensure clean record keeping and retention strategies,
with the Records Division earning a reputation as the “gold standard” in Dakota County; AND,
WHEREAS, during his tenure he has embedded the department in the community through volunteerism, fundraising and
board participation with several organizations including the United Way of Hastings, Hastings Family Service and the
Rotary, along with numerous community partner organizations,
NOW THEREFORE, BE IT RESOLVED, that I, Mayor Mary Fasbender and the City Council of the City of Hastings, do
hereby declare May, 29, 2022 as Bryan D. Schafer Day in the City of Hastings, Minnesota.
__________________________________
Mary D. Fasbender, Mayor
City Council Memorandum
To: Mayor Fasbender & City Councilmembers
From: Justin Fortney, City Planner
Date: May 16, 2022
Item: Presentation by the Hastings Heritage Preservation Commission – Awarding
the Century Home Contest Winner
City Council Action Requested: Join the HPC in congratulating the winner of the
Facebook contest for favorite home turning 100 this year. The winner will receive a cast
metal century home plaque.
As of this writing, the contest is still ongoing. See the attached photos for current vote
totals.
Background Information: Each year the HPC looks throughout the city, nominates, and
votes for a number of good examples of properly maintained or restored properties.
The HPC has enjoyed presenting these awards with the City Council for 20 years. Due to
the pandemic, the preservation awards were canceled 2020. In 2021 they were held in
November for the same reason.
This May, a century home plaque will be awarded to the City of Hastings Facebook
contest winner for the peoples’ “favorite” home turning 100 this year.
The runners up may purchase a century plaque for half price ($50).
Contest properties
1100 Block of Ramsey
300 block of 6th Street West
600 block of 6th Street West
Contestants were notified of the contest beforehand to assure their approval. Addresses
were not used to lessen any privacy concerns.
Advisory Commission Discussion: The HPC organized the contest with the help of Dawn
Skelly, Communications Coordinator.
Council Committee Discussion: None
Financial Impact: None
Attachments: Photos of contestants
1100 Block of Ramsey Street
Current votes- 21
600 block of 6th Street West
Current votes- 65
300 block of 6th Street West
Current votes- 10
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Hastings, Minnesota
City Council Meeting Minutes
May 2, 2022
The City Council of the City of Hastings, Minnesota met in a regular meeting on Monday, May 2, 2022 at
7:00 p.m. in the Council Chambers at the Hastings City Hall, 101 East 4th Street, Hastings, Minnesota.
Members Present: Mayor Fasbender, Councilmembers Braucks, Folch, Fox, Leifeld, Lund, and Vaughan
Members Absent: None
Staff Present: City Administrator Dan Wietecha
Assistant City Administrator Kelly Murtaugh
City Attorney Korine Land
City Planner Justin Fortney
Approval of Minutes
Mayor Fasbender asked if there were any additions or corrections to the minutes of the regular City
Council meeting on April 18, 2022.
Minutes were approved as presented.
Comments from the Audience
Dean Markuson, 436 Tiffany Drive, addressed Council expressing his support of the City providing
needed work in the Soldiers and Sailor Cemetery. Mr. Markuson expressed his concern in the continued
maintenance needed for the cemetery.
Consent Agenda
1. Pay Bills as Audited
2. Special Event Designation – Downtown Business Association (DBA) Music Series
3. Resolution: Special Event Designation – IDEA Hastings Pride Parade with Temporary Liquor License
4. Special Event Designation – HHS Reunion
5. Resolution: 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
18. Approve Social Media Policy
19. Resolution: Budget Authorization for City Hall Dome / HVAC Project
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Councilmember Braucks motioned to approve as presented, seconded by Councilmember Leifeld.
7 Ayes, 0 Nays
Public Hearing: Sidewalk Café Applications for Hastings Tavern and the Hastings Dairy Store
Murtaugh introduced the request to Council to conduct a public hearing for consideration for Hastings
Dairy Store Sidewalk Café and Hastings Tavern Sidewalk Café with a liquor license amendment.
Public Hearing opened at: 7:14 pm
Public Hearing closed at: 7:14 pm
Council discussion on the MNDOT right of way conversation with MNDOT to allow a sidewalk café
on the west side of Hastings Tavern. Murtaugh reviewed the conversations the applicant had with MNDOT to
propose an approved use of the sidewalk. Councilmember Vaughan asked if another public hearing would
need to be held at the time of approval from MNDOT to allow the café to continue on the western side.
Attorney Land commented that additional information would need to be provided and reviewed before being
able to approach this situation properly with MNDOT. Folch shared information on previous applications and
asked that this conversation is continued with MNDOT. Murtaugh provided an explanation that the previous
MNDOT approval was approved for a certain period of time, but was not a permanent agreement. Braucks
asked if it would be possible to provide two separate approvals with the intent to make the approval process
easier if MNDOT were to come to an agreement with the applicant at a later date.
Councilmember Braucks motioned to approve the Hastings Dairy Store Sidewalk Café as presented,
seconded by Councilmember Fox.
Ayes 7; Nays 0.
Councilmember Braucks motioned to approve a sidewalk café with liquor license amendment for the
Hastings Social, LLC dba Hastings Tavern.
Ayes 7; Nays 0.
Resolution: No. 05-09-22: Issuance and Sale of GO Bonds, Series 2022A
Jessica Green of Northland Securities provided a summary to 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 Project. Green provided the final bond amount,
$5,815,000.00 adding that the City has retained Northland Securities to assist in the bond sale. Green shared
that seven bids were received, with RW Baird based out of Milwaukee as the low bidder.
Council discussion on bond options if costs exceed the contracted amounts. Green provided an
explanation sharing that a separate bond would need to be considered.
Councilmember Folch motioned to approve as presented, seconded by Councilmember Vaughan.
Ayes 7; Nays 0.
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Resolution No. 05-10-22: Comprehensive Plan Amendment - 117 22nd Street West – Rosa Castro
Fortney provided an overview of the Comprehensive Plan Amendment and Rezoning of the property
at 117 22nd Street West. The request came from the property owner Rosa Castro, with the purpose of
constructing a duplex. The owners of Las Margaritas had at one time planned to extend their parking lot to this
property, which is no longer needed due to their expansion to the South. The original home on the property has
been removed. No public comments were provided at the public hearing held at the Planning Commission
Meeting. The Planning Commission recommended the zoning amendment.
No Council discussion.
Councilmember Leifeld motioned to approve as presented, seconded by Councilmember Folch.
Ayes 7; Nays 0.
Appointment of Police Chief
Wietecha presented the recommendation to appoint Dave Wilske as Police Chief effective May 30,
2022. Wietecha provided insight into the interview process and presented background information about
Wilske’s involvement in service and community engagement. Wietecha shared that three panel interviews
were conducted, one within Police Department Staff, second within Management Staff, and the third panel was
conducted by a number of community partners. Applicants also had a one on one interview with Wietecha, and
members of Council and our Public Safety Advisory Committee. Wietecha praised Wilske for his involvement
within the City and his achievements.
Council discussion acknowledging both internal candidates for their dedication to the Police
Department and our community. Folch commended Chief Schafer for his service to our community. Mayor
Fasbender commended Chief Shafer for his service to our community and the impact he’s had on our Police
Department.
Councilmember Leifeld motioned to approve as presented, seconded by Councilmember Braucks.
Ayes 7; Nays 0.
Community Investment Fund
Wietecha presented the request to approve the Finance Committee of City Council’s recommendations
for Community Investment Funding. This recommendation will allocate nearly $100,000.00 in funding for
2022. An application and review process were developed and implemented, with a public kick off meeting
which was hosted earlier this year. A total of ten applications were received and represented across a variety of
areas. Council and staff identified alternative funding for two of those applications and unanimously
recommend funding for the six of the remaining eight applications. Approximately $96,977.00 is being
recommended for allocation.
Council discussion on the appreciation for the projects and discussion awareness that the proposals
sparked. The projects brought matching funds which extended the impact of the funds. Lund expressed his
excitement behind the funding for these projects. Folch thanked councilmember Vaughan in proposing the
fund. Folch reviewed a few projects that were not going to receive funding, but recognized the Tennis
Association for their efforts and collaboration. Greten park neighborhood proposal was another project that
was not supported at this time, but will be supported in future projects through Parks and Recreation. Braucks
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echoed Councilmember Folch on commending Councilmember Vaughan for his efforts in this fund. Braucks
expressed her excitement for these project improvements. Vaughan commented on this being the first year of
funding opportunities. Vaughan asked for the community to provide feedback on how this funding could
continue to grow. Fox commented on this fund surrounding partnerships and the excitement for future years.
Councilmember Vaughan motioned to approve as presented, seconded by Councilmember Folch.
Ayes 7; Nays 0.
Any Bindman, 19650 Owen Avenue, chair of Building Remembrance for Reconciliation (BR4R),
address Council thanking them for the funding through this program. Bindman expressed his appreciation to
Chris Jenkins, Director of Parks and Recreation for his help with their application.
Announcements
• May is National Building Safety Month and National Historic Preservation Month.
• This is Municipal Clerk Appreciation Week. Please join me in a great and heartfelt hank you to our
employees in these departments for their service to our community.
• On Saturday, May 7, the Hastings /Prescott Bike Tour showcases two unique bike trails that offer
stunning river views, historic downtowns, bird watching, and more.
• Plan a DIY Parks and Trails Cleanup to keep Hastings clean, safe, and beautiful. Contact Paige at
Parks & Rec to volunteer and pickup cleanup supplies
• United Way of Hastings continues hosting a series on Fentanyl Awareness on May 3, and May 10.
Info at United Way of Hastings.
Meetings
• Operations Committee on Tuesday May 3, 2022 at 7:00 AM
• Planning Commission Meeting on Monday May 9, 2022 at 7:00 PM – Cancelled
• Parks and Recreation Commission Meeting on Tuesday May 10, 2022 at 7:00 PM
• Arts Task Force on Wednesday May, 11 2022 at 6:00 PM
• HEDRA Meeting on Thursday May 12, 2022 at 6:00 PM
• City Council Workshop on Monday May 16, 2022 at 5:30 PM
• City Council Regular Meeting on Monday May 16, 2022 at 7:00 PM
Councilmember Folch motioned to adjourn the meeting at 7:56 PM, seconded by Councilmember
Leifeld. Ayes 7; Nays 0.
____________________________ ______________________________
Mary Fasbender, Mayor Kelly Murtaugh, City Clerk
City Council Memorandum
To: Mayor Fasbender & City Council Members
From: Connie Lang – Accountant
Date: 05/12/2022
Item: Disbursements
Council Action Requested:
Staff requests:
Council review of April 2022 CenterPoint & Xcel payments.
Council review of weekly routine disbursements issued 05/10/2022.
Council approval of routine disbursements, capital purchases and employee reimbursements to be issued 05/17/2022.
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:
April 2022 Xcel Payments $ 45,985.45
April 2022 CenterPoint Payment $ 26,886.98
Disbursement Checks, EFT on 05/10/2022 $ 125,874.65
Disbursement Checks & EFT to be issued on 05/17/2022 $ 662,067.68
Advisory Commission Discussion: N/A
Council Committee Discussion: N/A
Attachments: ● Disbursement Reports
VIII-01
Xcel Acct #Amount Date Paid Account #
51-6960213-7 1,956.47 31-Mar 101-140-1403-6343
51-6960208-0 2,020.16 12-Apr 101-140-1404-6343
51-8110141-1 451.36 12-Apr 101-140-1407-6343
51-6960219-3 66.28 11-Apr 101-201-2016-6343
51-6960210-4 143.46 12-Apr 101-300-3100-6343
51-6960210-4 717.30 12-Apr 101-301-3200-6343
51-0011278454-9 92.71 12-Apr 101-302-3201-6343
51-0263715-0 564.32 12-Apr 101-302-3201-6343
51-6960218-2 14,942.82 18-Apr 101-302-3201-6343
51-6960215-9 2,130.81 6-Apr 200-401-4440-6343
51-0010048093-4 16.23 12-Apr 200-401-4440-6343
51-0011082067-5 218.77 12-Apr 200-401-4440-6343
51-6960220-6 1,379.97 8-Apr 200-401-4447-6343
51-6960209-1 212.26 28-Apr 201-401-4240-6343
51-6960214-8 1,143.16 8-Apr 213-210-2100-6343
51-7216831-9 470.68 12-Apr 220-450-4160-6343
51-6960216-0 3,254.42 1-Apr 600-300-3300-6343
51-6960210-4 573.84 12-Apr 600-300-3300-6343
51-6960216-0 8,488.15 21-Apr 600-300-3300-6343
51-6960216-0 4,355.70 21-Apr 600-300-3302-6343
51-6960217-1 1,549.40 6-Apr 601-300-3400-6343
51-6960212-6 1,237.18 31-Mar 620-300-3500-6343
45,985.45
XCEL AUTOMATIC PAYMENTS
April 2022 Payments
VIII-01
Police 101-140-1403-6345 71.49
City Hall 101-140-1404-6345 4,061.73
City Storage 101-140-1407-6345 1,539.37
Alt Learning Ctr 101-401-4143-6345 378.63
Parks 200-401-4440-6345 816.63
Jt Maint 200-401-4447-6345 4,216.30
Pool 201-401-4240-6345 288.41
Fire 213-210-2100-6345 2,596.04
Le Duc 220-450-4160-6345 1,227.15
Water 600-300-3300-6345 2,354.68
Water 600-300-3302-6345 539.82
Garage 601-300-3400-6345 1,833.57
Arena 615-401-4103-6345 6,963.16
Total 26,886.98
APRIL CENTERPOINT ENERGY PAYMENTS
VIII-01
05-10-2022 10:50 AM Council Report MAY 10TH PYMTS, 2022 PAGE: 1
DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_
CITY CLERK GENERAL I/O SOLUTIONS, INC. INTEGRITY INVENTORY 419.00
GOODHIRE APRIL BILLING 22 402.40_
TOTAL: 821.40
FINANCE GENERAL BERGANKDV LTD 2021 AUDIT 1ST INVOICE 24,000.00_
TOTAL: 24,000.00
FACILITY MANAGEMENT GENERAL TERRYS HARDWARE, INC. FD FILTERS 92.97
FD FILTERS 63.46_
TOTAL: 156.43
I.T. GENERAL NOW MICRO INC 4 UPS RMCARDS 704.00
4 RACKMOUNT UPS 1,072.00
STRATEGIC INSIGHTS INC CAPITAL PLANNING SOFTWARE 775.00_
TOTAL: 2,551.00
POLICE GENERAL MARIE RIDGEWAY LICSW LLC WELLNESS 160.00_
TOTAL: 160.00
BUILDING & INSPECTIONS GENERAL MARCO INC MITEL PHONE - SHOREY 377.00
PHONE LICENSE - SHOREY 225.00
FOXIT CORPORATION FOXIT LICENSE - SHOREY 214.76
DELL DIRECT SALES L.P. COMPUTERS, MONITORS- SHORE 1,294.62_
TOTAL: 2,111.38
PUBLIC WORKS GENERAL FOCUS ENGINEERING, INC. APRIL 22 12,015.92
APRIL 22 791.00
APRIL 22 2,457.75_
TOTAL: 15,264.67
PUBLIC WORKS STREETS GENERAL FOCUS ENGINEERING, INC. APRIL 22 2,889.75
APRIL 22 1,299.50
BOYER FORD TRUCKS/DBA ALLIANCE ELEMENT & GASKETS 53.68
VIKING ELECTRIC SUPPLY WIRE 52.15
WIRE 52.15
OUTLET, CIRCUT BREAKERS 72.89_
TOTAL: 4,420.12
PUBLIC WORKS STR. LIGH GENERAL VIKING ELECTRIC SUPPLY WIRE 230.20_
TOTAL: 230.20
PARKS & RECREATION GENERAL CERTIFIED RECYCLING LLC MATTRESSES - SPRING CLEANU 460.00_
TOTAL: 460.00
PARKS & RECREATION PARKS ARCMATE MANUFACTURING CORP. GARBAGE GRABBERS 428.14_
TOTAL: 428.14
PARKS & RECREATION AQUATIC CENTER INNOVATIVE OFFICE SOLUTIONS, LLC OFFICE SUPPLIES, PAPER 333.63_
TOTAL: 333.63
FIRE FIRE & AMBULANCE FIRE SAFETY USA INC EXTINGUISHER HARNESS 90.00
HEALTH STRATEGIES ANNUAL PHYSICALS 6,045.00_
TOTAL: 6,135.00
AMBULANCE FIRE & AMBULANCE IMAGE TREND, INC. MONTHLY FEE APRIL 22 675.00
PHASE 2 MONTHLY FEE APRIL 281.39
VIII-01
05-10-2022 10:50 AM Council Report MAY 10TH PYMTS, 2022 PAGE: 2
DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_
TELEFLEX LLC MEDICAL SUPPLIES 1,208.08
MEDICAL SUPPLIES 553.71
BOUND TREE MEDICAL LLC MEDICAL SUPPLIES 496.97
MEDICAL SUPPLIES 625.23
MEDICAL SUPPLIES 90.20
MISCELLANEOUS V HOWARD RICHERT HOWARD RICHERT : AMB REFUN 100.00
NINETY-FOUR SERVICES INC. MEDIC 3 HUBCAP 281.49
LINDE GAS & EQUIPMENT INC. OXYGEN 190.61
OXYGEN 1,301.26_
TOTAL: 5,803.94
ECONOMIC DEVELOPMENT HEDRA DAKOTA COUNTY PROPERTY RECORDS 2022 PROPERTY TAX, PIDS LI 11,058.00_
TOTAL: 11,058.00
NON DEPARTMENTAL PW Cold Storage Bu FOCUS ENGINEERING, INC. APRIL 22 2,627.25_
TOTAL: 2,627.25
PUBLIC WORKS 2022 IMPROVEMENTS FOCUS ENGINEERING, INC. APRIL 22 2,288.25_
TOTAL: 2,288.25
NON-DEPARTMENTAL WATER MISCELLANEOUS V PETTIT, PAT 05-295000-03 197.67
OPENDOOR LABS INC 16-301200-04 45.22
CASELTINE, RICHARD/S 29-696000-01 176.62_
TOTAL: 419.51
PUBLIC WORKS WATER HAWKINS INC HYDROFLOUSILICIC ACID, CHL 2,198.35
FOCUS ENGINEERING, INC. APRIL 22 1,553.75
CORE & MAIN LP METERS 26,087.04
GRAPHIC DESIGN UTILITY BILLING STATEMENTS 294.00
UTILITY BILLING STATEMENTS 1,287.24_
TOTAL: 31,420.38
PUBLIC WORKS WASTEWATER FOCUS ENGINEERING, INC. APRIL 22 706.25
GRAPHIC DESIGN UTILITY BILLING STATEMENTS 294.00_
TOTAL: 1,000.25
PUBLIC WORKS STORM WATER UTILIT FOCUS ENGINEERING, INC. APRIL 22 593.25
GRAPHIC DESIGN UTILITY BILLING STATEMENTS 294.00
QUALITY FLOW SYSTEMS, INC. LABOR, SUPPLIES, BALL BEAR 6,485.00_
TOTAL: 7,372.25
PARKS & RECREATION ARENA HUEBSCH LAUNDRY CO. ENTRY RUG SERVICE 36.90
ENTRY RUG SERVICE 36.90
BECKER ARENA PRODUCTS,INC GOAL FRAMES AND NETS 1,602.46
SEAMLESS GLASS CLIPS 107.40
SKATE TRAINING AIDS 147.69_
TOTAL: 1,931.35
NON-DEPARTMENTAL ESCROW - DEV/ENG/T KLM ENGINEERING, INC. ANTENNA REVIEW TMOBILE 4TH 699.75
FOCUS ENGINEERING, INC. APRIL 22 84.75
APRIL 22 56.50
APRIL 22 282.50
APRIL 22 169.50
APRIL 22 2,118.75
APRIL 22 565.00_
TOTAL: 3,976.75
VIII-01
05-10-2022 10:50 AM Council Report MAY 10TH PYMTS, 2022 PAGE: 3
DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_
=============== FUND TOTALS ================
101 GENERAL 50,175.20
200 PARKS 428.14
201 AQUATIC CENTER 333.63
213 FIRE & AMBULANCE 11,938.94
407 HEDRA 11,058.00
416 PW Cold Storage Building 2,627.25
482 2022 IMPROVEMENTS 2,288.25
600 WATER 31,839.89
601 WASTEWATER 1,000.25
603 STORM WATER UTILITY 7,372.25
615 ARENA 1,931.35
807 ESCROW - DEV/ENG/TIF-HRA 3,976.75
--------------------------------------------
GRAND TOTAL: 124,969.90
--------------------------------------------
TOTAL PAGES: 3
VIII-01
05-10-2022 12:06 AM Council Report MAY 10TH PYMTS, 2022 PAGE: 1
DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_
PUBLIC WORKS STREETS GENERAL CHEMSEARCH EVERCLEAN 904.75_
TOTAL: 904.75
=============== FUND TOTALS ================
101 GENERAL 904.75
--------------------------------------------
GRAND TOTAL: 904.75
--------------------------------------------
TOTAL PAGES: 1
VIII-01
05-12-2022 10:09 AM Council Report MAY 17TH PYMTS, 2022 PAGE: 1
DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_
NON-DEPARTMENTAL GENERAL MISCELLANEOUS V MICHAEL DUFOUR MICHAEL DUFOUR : RETURN 90.00
METROPOLITAN COUNCIL ENVIRONMENTAL SER APRIL 22 SAC 24,601.50_
TOTAL: 24,691.50
COUNCIL & MAYOR GENERAL LEAGUE OF MN CITIES LMC ANNUAL CONF. MAYOR 439.00_
TOTAL: 439.00
ADMINISTRATION GENERAL RACE FORWARD 22-23 MEMBERSHIP 1,000.00
CITYGATE ASSOCIATES, LLC FD STUDY 2,220.75
GRAPHIC DESIGN SHOREY & JUDGE BUSINESS CA 106.00_
TOTAL: 3,326.75
CITY CLERK GENERAL MINNESOTA OCCUPATIONAL HEALTH TESTING 256.00_
TOTAL: 256.00
LEGAL GENERAL LEVANDER, GILLEN & MILLER, P.A. APRIL LEGAL EXPENSES 2,250.00
APRIL LEGAL EXPENSES 795.00
APRIL LEGAL EXPENSES 1,000.00
APRIL LEGAL EXPENSES 150.00
APRIL LEGAL EXPENSES 75.00
APRIL LEGAL EXPENSES 2,370.00
APRIL LEGAL EXPENSES 795.00
APRIL LEGAL EXPENSES 1,079.29_
TOTAL: 8,514.29
POLICE GENERAL LOGIS/LOCAL GOVERNMENT INFORMATION SYS LOGIS / APPL MDC 3,209.00
SCHLAFER, MATHEW SCHLAFER - SAFETY BOOTS 152.00
KYLE LINSCHEID LINSCHEID - SAFETY BOOTS 200.00
GUARDIAN SUPPLY LLC WILSKE - ARMOR 1,199.00
DAKOTA ELECTRIC ASSN ELECTRIC 17.96
MACQUEEN EQUIPMENT, INC. MOBILE COMMAND 4,891.93
MN DEPT OF PUBLIC SAFETY 2002 SILVERADO / 2007 ENVO 50.00_
TOTAL: 9,719.89
BUILDING & INSPECTIONS GENERAL METRO SALES, INC DOCUMENT SERVICES 1,157.79
APPLE VALLEY FORD 2016 FORD, WATER PUMP, ENG 2,626.52
2021 F-150 REPAIRS 189.75_
TOTAL: 3,974.06
PUBLIC WORKS GENERAL MN DOT- COMMISSIONER OF TRANSPORTATION 2022 ADA TRAINING- BO, JOH 225.00
VALLEY SALES OF HASTINGS BATTERY 161.00_
TOTAL: 386.00
PUBLIC WORKS STREETS GENERAL TOWMASTER MUD FLAP 98.65
TRI-STATE BOBCAT, INC. BOLT-SEAT BAR 18.14
PRECISE MOBILE RESOURCE MGMT. LLC DATA PLAN 210.00
HOMETOWN ACE HARDWARE ELBOWS, SEALS, ADAPTERS 32.85
CONCRETE MIX, ELBOW, LUBE 35.66
TAPE, ADAPTERS, COUPLINGS 40.99
NAPA AUTO PARTS FUSE 4.94
BOYER FORD TRUCKS/DBA ALLIANCE BELT, PULLEY 552.97
PEINE PLUMBING & HEATING GAS LINE REPAIRS 3,930.00
TERRYS HARDWARE, INC. PIPE, NIPPLES 30.74
PROPANE 34.90
COUPLER, ADAPTER 1.78
TAPE 8.49
VIII-01
05-12-2022 10:09 AM Council Report MAY 17TH PYMTS, 2022 PAGE: 2
DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_
PROPANE 37.49
UNLIMITED SUPPLIES INC. NUTS, FLANGES 91.28
NUTS, WASHERS, PAN, WASH 51.25
WAYNES AUTO BODY DOOR SHELL 192.00
WERNER IMPLEMENT CO INC TIRE REPAIRS 39.66_
TOTAL: 5,411.79
PUBLIC WORKS STR. LIGH GENERAL DAKOTA ELECTRIC ASSN ELECTRIC 2,825.03_
TOTAL: 2,825.03
PARKS & RECREATION GENERAL HASTINGS SCHOOL DISTRICT #200 MAY 22 TILDEN COST SHARE 2,500.00_
TOTAL: 2,500.00
PARKS & RECREATION PARKS AA AUTO TECHNICIANS, INC. GARBAGE TRUCK TIRE SWAP 130.00
SCHLOMKA'S PORTABLE RESTROOMS & MOBILE APRIL 22 SERVICES 407.00
HOMETOWN ACE HARDWARE RUST PREVENTER 26.96
DOCK REPAIR SUPPLIES 87.38
INDEPENDENT BLACK DIRT & SOD COMPANY I BLACK DIRT 345.00
NAPA AUTO PARTS FILTERS VEHICLES 52.18
COMFORT BY DESIGN INC BURNER - LEVEE FIRE PLACE 4,892.00
AIDEN GREGORY ENDRES MUSIC IN THE PARK 07-28 400.00
JEREMY M DURESKY - DBA SUMO SEVEN MUSIC IN THE PARK AUG 4TH 2,100.00
APPLE VALLEY FORD 2014 DUMP TRUCK REPAIRS 4,563.45
GRAPHIC DESIGN SUMMER KICK OFF BANNERS 347.00
PARTY IN THE PARK BANNERS 347.00
MISSISSIPPI WELDERS SPPLY PLASMA CUTTER GUIDE 51.00
TERRYS HARDWARE, INC. RAKES 73.98
SPRAYER AND BOTTLE 23.67
FIELD PAINT 44.82
TAPES 58.98_
TOTAL: 13,950.42
PARKS & RECREATION AQUATIC CENTER INNOVATIVE OFFICE SOLUTIONS, LLC OFFICE SUPPLIES 5.61
AMERICAN LEAK DETECTION POOL LEAK DETECTION 2,000.00_
TOTAL: 2,005.61
FIRE FIRE & AMBULANCE ALAN STORLIE STORLIE - MEALS DURING CLA 88.50
LOGIS/LOCAL GOVERNMENT INFORMATION SYS LOGIS / APPL MDC 318.00
STEVENS, JAMIE STEVENS - MEALS FOR CONFER 362.50
HOMETOWN ACE HARDWARE STATION SUPPLIES 62.28
ADAM HARKLERODE HARKLERODE - MEALS AT CONF 362.50
KIEL KWIATKOWSKI KWIATKOWSKI - MEALS AT CON 362.50
GOT BRAKES LLC UTILITY ONE REPAIR 191.84
GRAPHIC DESIGN STEVENS FD BUSINESS CARDS 86.00
MN FIRE SERVICE CERT.BRD HAZARD ZONE CERT EXAM 240.00
TERRYS HARDWARE, INC. CABLE TIES 15.78
INSPECTOR HARD HAT 11.49_
TOTAL: 2,101.39
AMBULANCE FIRE & AMBULANCE PRIMARY PHARMACEUTICALS, INC. MEDICAL SUPPLIES 815.15
BOUND TREE MEDICAL LLC MEDICAL SUPPLIES 102.39
LINDE GAS & EQUIPMENT INC. OXYGEN 243.87_
TOTAL: 1,161.41
PARKS & RECREATION PARKS CAPITAL PROJ ISG LAKE ISABEL DESIGN & ENGIN 2,087.50_
TOTAL: 2,087.50
VIII-01
05-12-2022 10:09 AM Council Report MAY 17TH PYMTS, 2022 PAGE: 3
DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_
ECONOMIC DEVELOPMENT HEDRA LEVANDER, GILLEN & MILLER, P.A. APRIL LEGAL EXPENSES 904.00
APRIL LEGAL EXPENSES 195.00
APRIL LEGAL EXPENSES 769.50
ERIC MAASS MAASS - CONFERENCE LODGING 448.52_
TOTAL: 2,317.02
NON DEPARTMENTAL PW Cold Storage Bu ISG PW STORAGE PERMITTING, CON 5,397.50
XCEL ENERGY RELOCATE POWER LINE 8,046.13_
TOTAL: 13,443.63
PUBLIC WORKS 2022 IMPROVEMENTS MSA PROFESSIONAL SERVICES, INC. 22-1 COMPS, STAKING 1,232.75_
TOTAL: 1,232.75
NON-DEPARTMENTAL WATER MISCELLANEOUS V SIMON, TERRY 01-791000-01 19.21
CHRISTNER, CHAD E 02-296000-02 119.81
MOREY, ELAINE C 04-064000-01 30.44
LARSON, ANDREA/KIM 06-314000-00 2.18
STREETER, BRADLEY/CA 12-606000-02 27.67
FISHER, ADAM/LANA 12-831160-00 75.65
TORGERSON, LIZA 16-196000-03 78.57
GAHNZ, DR. ROBERT 20-034000-01 75.01_
TOTAL: 428.54
PUBLIC WORKS WATER SAFE-FAST, INC. GLOVES 42.60
JOE SPAGNOLETTI SPAGNOLETTI - PW ORG & ADM 680.00
HOMETOWN ACE HARDWARE SWIFFER REPLACEMENTS 7.06
DUST MASK 6.13
409 CLEANER 3.71
CUMMINS SALES & SERVICE BELT 10.00
CORE & MAIN LP 4" METER, GASKETS, SPUDS, 3,954.89
CITY OF BLOOMINGTON BACT SAMPLING - APRIL 22 286.00
DAKOTA ELECTRIC ASSN ELECTRIC 130.32
GOPHER STATE ONE-CALL INC LOCATES - APRIL 22 336.15
HACH COMPANY SPADNS 362.34
MN DEPARTMENT OF HEALTH MARK PEINE - WATER LIC REN 23.00
SCHUTT, MARK SCHUTT - WATER LICENSE (D) 23.00_
TOTAL: 5,865.20
PUBLIC WORKS WASTEWATER SCHLOMKA'S SERVICES, LLC TANKER & DISPOSAL FEE 10TH 460.24
AMERICAN ENVIRONMENTAL LLC CUT OPEN SEWER LINE 521 TY 2,000.00
DAKOTA ELECTRIC ASSN ELECTRIC 163.43
ELECTRIC 94.84
MCES WASTEWATER JUNE 2022 132,886.01_
TOTAL: 135,604.52
PUBLIC WORKS STORM WATER UTILIT ENVIRONMENTAL EQUIPMENT SWEEPER, TITLE FEES 274,797.73_
TOTAL: 274,797.73
MISCELLANEOUS INSURANCE FUND LEAGUE OF MN CITIES INS TRST CLAIM 107.65
LMC GL 000000104633 1,647.00
LEAGUE MN CITIES INSURANCE TRUST QUARTERLY DUES 138,782.00_
TOTAL: 140,536.65
NON-DEPARTMENTAL ESCROW - DEV/ENG/T LEVANDER, GILLEN & MILLER, P.A. APRIL LEGAL EXPENSES 82.00
APRIL LEGAL EXPENSES 1,703.50
APRIL LEGAL EXPENSES 726.50
VIII-01
05-12-2022 10:09 AM Council Report MAY 17TH PYMTS, 2022 PAGE: 4
DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_
APRIL LEGAL EXPENSES 1,979.00_
TOTAL: 4,491.00
=============== FUND TOTALS ================
101 GENERAL 62,044.31
200 PARKS 13,950.42
201 AQUATIC CENTER 2,005.61
213 FIRE & AMBULANCE 3,262.80
401 PARKS CAPITAL PROJECTS 2,087.50
407 HEDRA 2,317.02
416 PW Cold Storage Building 13,443.63
482 2022 IMPROVEMENTS 1,232.75
600 WATER 6,293.74
601 WASTEWATER 135,604.52
603 STORM WATER UTILITY 274,797.73
705 INSURANCE FUND 140,536.65
807 ESCROW - DEV/ENG/TIF-HRA 4,491.00
--------------------------------------------
GRAND TOTAL: 662,067.68
--------------------------------------------
TOTAL PAGES: 4
VIII-01
City Council Memorandum
To: Mayor Fasbender & City Council Members
From: Paige Marschall Bigler, Recreation Programming Specialist
Date: May 16, 2022
Item: Accept Donation from the Ruth Gale and George W. Doffing Charitable Fund
Council Action Requested: Accept a $10,000 monetary donation from the Ruth and George Doffing
Charitable Fund in support of the Music in the Park series for 2023.
Background Information: Staff submitted a donation request to the Ruth and George Doffing Charitable
Fund to support the growth of the Music in the Park series. Based off consistent community feedback,
staff expanded the series, offering a total of twelve shows, June through September on Thursday
evenings; with the exception of Rivertown Days week. Staff recommends consideration and acceptance of
the monetary sponsorship.
Financial Impact: Staff will continue to include donations as a revenue item as part of the budget
process to offset programming costs. This donation is additive and should not replace the City’s separate
allocation of $10,000 for Rotary Pavilion programming. Any unused dollars will be used for future Music
in the Park events. Staff will also work to solicit $500 individual Music in the Park sponsorships from
local and metro area organizations in support of the series, with the intent to secure quality bands.
Advisory Commission Discussion:
None
Council Committee Discussion:
None
Attachments:
• Resolution
VIII-02
CITY OF HASTINGS
DAKOTA COUNTY, MINNESOTA
RESOLUTION NO. 05 - - 22
A RESOLUTION EXPRESSING ACCEPTANCE OF AND APPRECIATION OF A DONATION
TO THE PARKS AND RECREATION DEPARTMENT
WHEREAS, Ruth and George Doffing Charitable Fund has presented to the City Parks & Recreation
Department a donation of $10,000.00 and has designated that this donation be used for the Music in the
Park Series for 2023.
WHEREAS, The City Council is appreciative of the donation and commends the Ruth and
George Doffing Charitable Fund for its civic efforts,
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Hastings,
Minnesota;
1. That the donation is accepted and acknowledged with gratitude; and
2. That the donation will be appropriated for the 2023 Music in the Park Series
Adopted this 16th day of May, 2022
ATTEST:
_____________________________ ______________________________
Kelly Murtaugh, City Clerk Mary D. Fasbender, Mayor
VIII-02
City Council Memorandum
To: Mayor Fasbender & City Council Members
From: Paige Marschall Bigler
Date: May 16, 2022
Item: Accept a Donation from Ruth Gale & George Doffing Charitable Fund
Council Action Requested: Council is asked to accept a donation in the amount of
$2,500.00, made to the Parks and Recreation Department and and has designated that
this donation be used to support Public Art in Hastings.
Background Information: Ruth Gale & George Doffing have made this donation to be
used to support Public Art in Hastings.
Financial Impact: Increase the Parks and Recreation donation account by $2,500.00
Advisory Commission Discussion: N/A
Council Committee Discussion: N/A
Attachments: Resolution
VIII-03
CITY OF HASTINGS
DAKOTA COUNTY, MINNESOTA
RESOLUTION NO. 05 - -22
A RESOLUTION EXPRESSING ACCEPTANCE OF AND APPRECIATION OF
A DONATION TO THE PARKS AND RECREATION DEPARTMENT
WHEREAS, The Ruth Gale and George W. Doffing Charitable Fund has
presented to the City Parks & Recreation Department a donation of $2,500.00 and has
designated that this donation be used to support public art in Hastings; and
WHEREAS, the City Council is appreciative of the donation and commends the
Ruth Gale and George Doffing Charitable Fund for this civic effort,
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of
Hastings, Minnesota;
1. That the donation is accepted and acknowledged with gratitude; and
2. That the donation will be appropriated to support public art in Hastings.
Adopted this 16th Day of May, 2022
ATTEST:
____________________________ ____________________________
Kelly Murtaugh, City Clerk Mary D. Fasbender, Mayor
VIII-03
City Council Memorandum To: Mayor Fasbender & City Councilmembers From: John Hinzman, Community Development Director
Date: May 16, 2022 Item: Resolution: Accept Grant - American Center of Philanthropy (Doffing Fund) - Business Incubator Design City Council Action Requested:
Adopt the attached resolution accepting a grant in the amount of $15,000 from the
American Center of Philanthropy on behalf of the Ruth Gale and George W. Doffing Charitable Fund. Funding is allocated towards the design phase of a potential business incubator facility. A simple majority is necessary for action.
Background Information:
The Hastings Economic Development and Redevelopment Authority (HEDRA) has begun preliminary discussions on a potential business incubator facility to foster the growth of new business.
Financial Impact:
The grant will defray costs of design Advisory Commission Discussion: N\A
Council Commission Discussion: N\A Attachments:
• Resolution
• Award Letter
VIII-04
CITY OF HASTINGS
DAKOTA COUNTY, MINNESOTA
RESOLUTION NO. 05 - - 22
A RESOLUTION EXPRESSING ACCEPTANCE OF AND APPRECIATION OF
A GRANT TO THE CITY OF HASTINGS
WHEREAS, The American Center for Philanthropy on behalf of the Ruth Gale
and George W. Doffing Charitable Fund has awarded a grant to the City
Hastings in the amount of 15,000.00 and has designated that this grant be used towards
the design phase of a potential business incubator project in Hastings;and
WHEREAS, the City Council is appreciative of the grant and commends the
Ruth Gale and George Doffing Charitable Fund for this civic effort,
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of
Hastings, Minnesota;
1.That the grant is accepted and acknowledged with gratitude; and
2.That the grant will be appropriated towards the design phase of the business
incubator project.
Adopted this 16th Day of May, 2022
________________________________
Mary Fasbender, Mayor
Attest:
____________________________
Kelly Murtaugh, City Clerk
VIII-04
VIII-04
VIII-04
City Council Memorandum
To: Mayor Fasbender & City Councilmembers
From: Emily King, Deputy City Clerk
Date: May 16, 2022
Item: Approve In-Store Fireworks Sales Licenses for Coborn’s Grocery Store #2037 and
Walmart Supercenter #1472
Council Action Requested:
Approve the attached resolution approving applications for In-Store Fireworks Sales at Coborn’s Grocery
Store #2037 and Walmart Supercenter #1472.
Background Information:
The City has received and reviewed an In-Store Firework Sales application from Coborn’s Grocery Store
#2037, 225 33rd Street W. and Walmart Supercenter #1472, 1752 N. Frontage Road for sales in their
respective stores with proposed sales dates directly following City Council approval through July 8, 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-05
CITY OF HASTINGS
DAKOTA COUNTY, MINNESOTA
RESOLUTION NO. 05 - - 22
RESOLUTION APPROVING IN-STORE FIREWORKS SALES
LICENSES FOR COBORN’S GROCERY STORE #2037, 225 33RD STREET W.
AND WALMART SUPERCENTER #1472, 1752 N. FRONTAGE ROAD
WHEREAS, Coborn’s Grocery Store #2037 and Walmart Supercenter #1472 have submitted
applications for In-Store Fireworks Sales License; and
WHEREAS, approval and issuance of the license is contingent on a fire inspection.
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Hastings, that the
In-Store Fireworks Sales License for Coborn’s Grocery Store #2037 and Walmart Supercenter #1472 is
approved.
ADOPTED BY THE CITY COUNCIL OF HASTINGS, MINNESOTA THIS 16th DAY OF
MAY, 2022.
ATTEST:
______________________________ _______________________________
Kelly Murtaugh, City Clerk Mary D. Fasbender, Mayor
VIII-05
To: Mayor Fasbender & City Councilmembers
From: Chris Jenkins, Parks & Recreation Director
Date: May 16, 2022
Item: Tecla Karpen Estate Donation
Council Action Requested:
Approve resolution and accept a second donation from Tecla Karpen’s Estate
in the amount of $4,269.86, designated the donated funds to be used to support
appropriate projects.
Background Information:
This is a donation based upon final closeout of Tecla Karpen’s estate, and will be
added to the previous $260,000.00 donation received by the City of Hastings on
December 20, 2021. These funds will be used to support projects outlined
for the initial donation which include habitat protection,
enhancement or restoration within the Mississippi River and Vermillion River
watersheds.
Financial Impact:
The donated funds will be used to complete or supplement habitat
protection, enhancement or restoration projects.
Advisory Commission Discussion:
None
Council Committee Discussion:
None
Attachments:
▪ Donation Resolution
City Council Memorandum
VIII-06
Attest:
____________________________
Kelly Murtaugh, City Clerk
CITY OF HASTINGS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 05 - - 22
A RESOLUTION EXPRESSING ACCEPTANCE OF AND APPRECIATION OF
A DONATION TO THE PARKS AND RECREATION DEPARTMENT
WHEREAS, The Estate of Tecla Karpen has presented to the City Of Hastings
Parks & Recreation Department a second donation in the amount of $4,269.86; and
WHEREAS, Tecla Karpen was a keen observer of wildlife, a staunch supporter
of habitat and ecological restoration, and passionate in protecting critical habitats; and
WHEREAS, it is appropriate to honor Tecla’s wishes to protect, enhance and
restore habitats within the Mississippi River Corridor and Vermillion River Watershed;
and
WHEREAS, this donation is significant, and will provide financial resources
needed to protect, enhance and restore habitats; and
WHEREAS, the City of Hastings is committed to honoring Tecla’s wishes,
and is committed to protecting, enhancing and restoring habitat in it’s many natural and
open space parklands; and
WHEREAS, the City Council is appreciative of the donation and commends
The Estate of Tecla Karpen for it’s civic efforts,
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of
Hastings, Minnesota;
1.That the donation is accepted and acknowledged with gratitude; and
2.That the donation will be appropriated for work and projects on City lands
that will protect, enhance, and restore habitat within the Mississippi River
Corridor and Vermillion River Watershed.
Adopted this 16th Day of May, 2022
________________________________
Mary Fasbender, Mayor
VIII-06
City Council Memorandum
Financial Impact:
Positive budgetary impact
Advisory Commission
Discussion:
None
Council Committee Discussion:
None
Attachments:
None
To: Mayor Fasbender & City Councilmembers
From: Bryan D. Schafer, Chief of Police
Date: May 16, 2022
Item: Declare Abandoned/Surplus Property
Council Action Requested:
Authorize abandoned/surplus bicycles and property for public auction and recycling.
Background Information:
The Hastings Police Department has Eighteen (18) bicycles that are classified as abandoned or police
surplus. Upon declaration that they are abandoned/surplus property, sixteen (16) will be made available
for public sale via a commercial online auction service. The remaining two (2) which are unserviceable,
will be recycled. I request that eighteen (18) bicycles be declared abandoned/surplus property.
VIII-07
City Council Memorandum
To: Mayor Fasbender & City Council Members
From: Ryan Stempski – Public Works Director/City Engineer
Date: May 11, 2022
Item: Approve Entry into the 2023-2027 Master Partnership Contract Agreement with MnDOT
COUNCIL ACTION REQUESTED
Council is requested to adopt the attached resolution to approve the City’s entry into a master partnership contract
agreement with MnDOT and to authorize the Mayor’s and City Clerk’s signatures.
BACKGROUND INFORMATION
The current Master Partnership Contract between MnDOT and the City of Hastings to provide services and payment
to each other expires on June 30, 2022, therefore an updated agreement must be executed to continue this
partnership. Example MnDOT services includes material testing, bridge deck crack sealing, and repair/maintenance of
signals and lighting. The new agreement extends coverage to June 30, 2027.
FINANCIAL IMPACT
There is no immediate financial impact from the City entering into this agreement. The City will only have costs to
bear if requesting services from MnDOT under the agreement structure. It is important to note that the City has
historically spent dollars on a limited number of MnDOT services in conjunction with State Aid projects. Those same
services are now encompassed by this agreement.
STAFF RECOMMENDATION
Staff is recommending that the City Council move forward in adopting the attached resolution to approve the Master
Partnership Contract. A copy of the agreement has been attached for reference.
VIII-08
CITY OF HASTINGS
DAKOTA COUNTY, MINNESOTA
RESOLUTION NO.
RESOLUTION APPROVING ENTRY INTO MASTER PARTNERSHIP CONTRACT AGREEMENT WITH THE
MINNESOTA DEPARTMENT OF TRANSPORTATION
WHEREAS, The Minnesota Department of Transportation wishes to cooperate closely with local units of
government to coordinate the delivery of transportation services and maximize the efficient delivery of such
services at all levels of government; and
WHEREAS, MnDOT and local governments are authorized by Minnesota Statutes sections 471.59, 174.02, and
161.20, to undertake collaborative efforts for the design, construction, maintenance and operation of state and
local roads; and
WHEREAS, the parties wish to be able to respond quickly and efficiently to such opportunities for collaboration,
and have determined that having the ability to write “work orders” against a master contract would provide the
greatest speed and flexibility in responding to identified needs.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HASTINGS AS FOLLOWS:
1. That the City of Hastings hereby enters into a Master Partnership Contract with the Minnesota
Department of Transportation, a copy of which was before the City Council.
2. The Mayor and Clerk are hereby authorized to sign said agreement, and any amendments thereto.
3. That the Public Works Director and the City Engineer are authorized to negotiate work order contracts
pursuant to the Master Contract, which work order contracts may provide for payment to or from
MnDOT, and that the Public Works Director and City Engineer may execute such work order contracts
on behalf of the City of Hastings without further approval by the City Council.
ADOPTED BY THE CITY COUNCIL OF HASTINGS, MINNESOTA, THIS 16TH DAY OF MAY, 2022.
Ayes:
Nays:
Mary D. Fasbender, Mayor
ATTEST:
Kelly Murtaugh, City Clerk
SEAL
VIII-08
MnDOT Contract Number: 1050161
Master Partnership Contract Template 1
Updated 02/09/2022
STATE OF MINNESOTA
MASTER PARTNERSHIP CONTRACT
This master contract is between the State of Minnesota, acting through its Commissioner of Transportation in this
contract referred to as the “State” and the Hastings City, acting through its City Council, in this contract referred to as
the “Other Party.”
Recitals
1. The parties are authorized to enter into this contract pursuant to Minnesota Statutes, §§15.061, 471.59 and 174.02.
2. Minn. Stat. § 161.20, subd. 2, authorizes the Commissioner of Transportation to make arrangements with and
cooperate with any governmental authority for the purposes of constructing, maintaining and improving the trunk
highway system.
3. Each party to this contract is a “road authority” as defined by Minn. Stat. §160.02, subd. 25.
4. Minn. Stat. § 161.39, subd. 1, authorizes a road authority to perform work for another road authority. Such work
may include providing technical and engineering advice, assistance and supervision, surveying, preparing plans for
the construction or reconstruction of roadways, and performing roadway maintenance.
5. Minn. Stat. §174.02, subd. 6, authorizes the Commissioner of Transportation to enter into contracts with other
governmental entities for research and experimentation; for sharing facilities, equipment, staff, data, or other
means of providing transportation‐related services; or for other cooperative programs that promote efficiencies in
providing governmental services, or that further development of innovation in transportation for the benefit of the
citizens of Minnesota.
6. Each party wishes to occasionally purchase services from the other party, which the parties agree will enhance the
efficiency of delivering governmental services at all levels. This Master Partnership Contract (MPC) provides a
framework for the efficient handling of such requests. This MPC contains terms generally governing the relationship
between the parties. When specific services are requested, the parties will (unless otherwise specified) enter into a
“Work Order” contracts.
7. After the execution of this MPC, the parties may (but are not required to) enter into “Work Order” contracts. These
Work Orders will specify the work to be done, timelines for completion, and compensation to be paid for the specific
work.
8. The parties are entering into this MPC to establish terms that will govern all of the Work Orders subsequently issued
under the authority of this Contract.
Contract
1. Term of Master Partnership Contract; Use of Work Order Contracts; Survival of Terms
1.1. Effective Date: This contract will be effective on July 1st, 2022, or upon the date last signed by all State
officials as required under Minn. Stat. § 16C.05, subd. 2, whichever occurs last. The Other Party must not
begin work under this Contract until ALL required signatures have been obtained and the Other Party has
been notified in writing to begin such work by the State’s Authorized Representative.
1.2. Expiration Date. This Contract will expire on June 30, 2027.
1.3. Exhibits. Exhibit A is attached and incorporated into this agreement.
1.4. Work Order Contracts. A work order contract must be negotiated and executed (by both the State and the
Other Party) for each particular engagement, except for Technical Services provided by the State to the
Other Party as specified in Article 2. The work order contract must specify the detailed scope of work and
deliverables for that project. A party must not begin work under a work order until the work order is fully
VIII-08
MnDOT Contract Number: 1050161
2
executed. The terms of this MPC will apply to all work orders contracts issued, unless specifically varied in
the work order. The Other Party understands that this MPC is not a guarantee of any payments or work
order assignments, and that payments will only be issued for work actually performed under fully‐executed
work orders.
1.5. Survival of Terms. The following clauses survive the expiration or cancellation of this master contract and all
work order contracts: 12. Liability; 13. State Audits; 14. Government Data Practices and Intellectual
Property; 17. Publicity; 18. Governing Law, Jurisdiction, and Venue; and 22. Data Disclosure. All terms of this
MPC will survive with respect to any work order contract issued prior to the expiration date of the MPC.
1.6. Sample Work Order. A sample work order contract is available upon request from the State.
1.7. Definition of “Providing Party” and “Requesting Party”. For the purpose of assigning certain duties and
obligations in the MPC to work order contracts, the following definitions will apply throughout the MPC.
“Requesting Party” is defined as the party requesting the other party to perform work under a work order
contract. “Providing Party” is defined as the party performing the scope of work under a work order
contract.
2. Technical Services
2.1. Technical Services include repetitive low‐cost services routinely performed by the State for the Other Party.
If requested and authorized by the Other Party, these services may be performed by the State for the Other
Party without the execution of a work order, as these services are provided in accordance with standardized
practices and processes and do not require a detailed scope of work. Exhibit A – Table of Technical Services
is attached.
2.1.1. Every other service not falling under the services listed in Exhibit A will require a work order contract
(If you have questions regarding whether a service is covered under 2.1.1, please contact Contract
Management).
2.2. The Other Party may request the State to perform Technical Services in an informal manner, such as by the
use of email, a purchase order, or by delivering materials to a State lab and requesting testing. A request
may be made via telephone, but will not be considered accepted unless acknowledged in writing by the
State.
2.3. The State will promptly inform the Other Party if the State will be unable to perform the requested Technical
Services. Otherwise, the State will perform the Technical Services in accordance with the State’s normal
processes and practices, including scheduling practices taking into account the availability of State staff and
equipment.
2.4. Payment Basis. Unless otherwise agreed to by the parties prior to performance of the services, the State will
charge the Other Party the State’s then‐current rate for performing the Technical Services. The then‐current
rate may include the State’s normal and customary additives. The State will invoice the Other Party upon
completion of the services, or at regular intervals not more than once monthly as agreed upon by the
parties. The invoice will provide a summary of the Technical Services provided by the State during the
invoice period.
3. Services Requiring a Work Order Contract
3.1. Work Order Contracts: A party may request the other party to perform any of the following services under
individual work order contracts.
3.2. Professional and Technical Services. A party may provide professional and technical services upon the
request of the other party. As defined by Minn. Stat. §16C.08, subd. 1, professional/technical services
“means services that are intellectual in character, including consultation, analysis, evaluation, prediction,
planning, programming, or recommendation; and result in the production of a report or completion of a
task.” Professional and technical services do not include providing supplies or materials except as incidental
to performing such services. Professional and technical services include (by way of example and without
limitation) cultural resources, engineering services, surveying, foundation recommendations and reports,
environmental documentation, right‐of‐way assistance (such as performing appraisals or providing
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relocation assistance, but excluding the exercise of the power of eminent domain), geometric layouts, final
construction plans, graphic presentations, public relations, and facilitating open houses. A party will
normally provide such services with its own personnel; however, a party’s professional/technical services
may also include hiring and managing outside consultants to perform work provided that a party itself
provides active project management for the use of such outside consultants.
3.3. Roadway Maintenance. A party may provide roadway maintenance upon the request of the other party.
Roadway maintenance does not include roadway reconstruction. This work may include but is not limited to
snow removal, ditch spraying, roadside mowing, bituminous mill and overlay (only small projects), seal coat,
bridge hits, major retaining wall failures, major drainage failures, and message painting. All services must be
performed by an employee with sufficient skills, training, expertise or certification to perform such work,
and work must be supervised by a qualified employee of the party performing the work.
3.4. Construction Administration. A party may administer roadway construction projects upon the request of
the other party. Roadway construction includes (by way of example and without limitation) the
construction, reconstruction, or rehabilitation of mainline, shoulder, median, pedestrian or bicycle pathway,
lighting and signal systems, pavement mill and overlays, seal coating, guardrail installation, and
channelization. These services may be performed by the Providing Party’s own forces, or the Providing Party
may administer outside contracts for such work. Construction administration may include letting and
awarding construction contracts for such work (including state projects to be completed in conjunction with
local projects). All contract administration services must be performed by an employee with sufficient skills,
training, expertise or certification to perform such work.
3.5. Emergency Services. A party may provide aid upon request of the other party in the event of a man‐made
disaster, natural disaster or other act of God. Emergency services includes all those services as the parties
mutually agree are necessary to plan for, prepare for, deal with, and recover from emergency situations.
These services include, without limitation, planning, engineering, construction, maintenance, and removal
and disposal services related to things such as road closures, traffic control, debris removal, flood protection
and mitigation, sign repair, sandbag activities and general cleanup. Work will be performed by an employee
with sufficient skills, training, expertise or certification to perform such work, and work must be supervised
by a qualified employee of the party performing the work. If it is not feasible to have an executed work
order prior to performance of the work, the parties will promptly confer to determine whether work may be
commenced without a fully‐executed work order in place. If work commences without a fully‐executed work
order, the parties will follow up with execution of a work order as soon as feasible.
3.6. When a need is identified, the State and the Other Party will discuss the proposed work and the resources
needed to perform the work. If a party desires to perform such work, the parties will negotiate the specific
and detailed work tasks and cost. The State will then prepare a work order contract. Generally, a work order
contract will be limited to one specific project/engagement, although “on call” work orders may be prepared
for certain types of services, especially for “Technical Services” items as identified section 2.1.. The work
order will also identify specific deliverables required, and timeframes for completing work. A work order
must be fully executed by the parties prior to work being commenced. The Other Party will not be paid for
work performed prior to execution of a work order contract and authorization by the State.
4. Responsibilities of the Providing Party
4.1. Terms Applicable to ALL Work Order Contracts. The terms in this section 4.1 will apply to ALL work order
contracts.
4.1.1. Each work order will identify an Authorized Representative for each party. Each party’s authorized
representative is responsible for administering the work order, and has the authority to make any
decisions regarding the work, and to give and receive any notices required or permitted under this
MPC or the work order.
4.1.2. The Providing Party will furnish and assign a publicly employed licensed engineer (Project Engineer),
to be in responsible charge of the project(s) and to supervise and direct the work to be performed
under each work order contract. For services not requiring an engineer, the Providing Party will
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furnish and assign another responsible employee to be in charge of the project. The services of the
Providing Party under a work order contract may not be otherwise assigned, sublet, or transferred
unless approved in writing by the Requesting Party’s authorized representative. This written consent
will in no way relieve the Providing Party from its primary responsibility for the work.
4.1.3. If the Other Party is the Providing Party, the Project Engineer may request in writing specific
engineering and/or technical services from the State, pursuant to Minn. Stat. Section 161.39. The
work order Contract will require the Other Party to deposit payment in advance. The costs and
expenses will include the current State additives and overhead rates, subject to adjustment based
on actual direct costs that have been verified by audit.
4.1.4. Only the receipt of a fully executed work order contract authorizes the Providing Party to begin work
on a project. Any and all effort, expenses, or actions taken by the Providing Party before the work
order contract is fully executed are considered unauthorized and undertaken at the risk of non‐
payment.
4.1.5. In connection with the performance of this contract and any work orders issued, the Providing
Agency will comply with all applicable Federal and State laws and regulations. When the Providing
Party is authorized or permitted to award contracts in connection with any work order, the
Providing Party will require and cause its contractors and subcontractors to comply with all Federal
and State laws and regulations.
4.2. Additional Terms for Roadway Maintenance. The terms of section 4.1 and this section 4.2 will apply to all
work orders for Roadway Maintenance.
4.2.1. Unless otherwise provided for by contract or work order, the Providing Party must obtain all permits
and sanctions that may be required for the proper and lawful performance of the work.
4.2.2. The Providing Party must perform maintenance in accordance with MnDOT maintenance manuals,
policies and operations.
4.2.3. The Providing Party must use State‐approved materials, including (by way of example and without
limitation), sign posts, sign sheeting, and de‐icing and anti‐icing chemicals.
4.3. Additional Terms for Construction Administration. The terms of section 4.1 and this section 4.3 will apply to
all work order contracts for construction administration.
4.3.1. Contract(s) must be awarded to the lowest responsible bidder or best value proposer in accordance
with state law.
4.3.2. Contractor(s) must be required to post payment and performance bonds in an amount equal to the
contract amount. The Providing Party will take all necessary action to make claims against such
bonds in the event of any default by the contractor.
4.3.3. Contractor(s) must be required to perform work in accordance with the latest edition of the
Minnesota Department of Transportation Standard Specifications for Construction.
4.3.4. For work performed on State right‐of‐way, contractor(s) must be required to indemnify and hold the
State harmless against any loss incurred with respect to the performance of the contracted work,
and must be required to provide evidence of insurance coverage commensurate with project risk.
4.3.5. Contractor(s) must pay prevailing wages pursuant to applicable state and federal law.
4.3.6. Contractor(s) must comply with all applicable Federal, and State laws, ordinances and regulations,
including but not limited to applicable human rights/anti‐discrimination laws and laws concerning
the participation of Disadvantaged Business Enterprises in federally‐assisted contracts.
4.3.7. Unless otherwise agreed in a work order contract, each party will be responsible for providing rights
of way, easement, and construction permits for its portion of the improvements. Each party will,
upon the other’s request, furnish copies of right of way certificates, easements, and construction
permits.
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4.3.8. The Providing Party may approve minor changes to the Requesting Party’s portion of the project
work if such changes do not increase the Requesting Party’s cost obligation under the applicable
work order contract.
4.3.9. The Providing Party will not approve any contractor claims for additional compensation without the
Requesting Party’s written approval, and the execution of a proper amendment to the applicable
work order contract when necessary. The Other Party will tender the processing and defense of any
such claims to the State upon the State’s request.
4.3.10. The Other Party must coordinate all trunk highway work affecting any utilities with the State’s
Utilities Office.
4.3.11. The Providing Party must coordinate all necessary detours with the Requesting Party.
4.3.12. If the Other Party is the Providing Party, and there is work performed on the trunk highway right‐of‐
way, the following will apply:
a. The Other Party will have a permit to perform the work on the trunk highway. The State may
revoke this permit if the work is not being performed in a safe, proper and skillful manner, or if
the contractor is violating the terms of any law, regulation, or permit applicable to the work. The
State will have no liability to the Other Party, or its contractor, if work is suspended or stopped
due to any such condition or concern.
b. The Other Party will require its contractor to conduct all traffic control in accordance with the
Minnesota Manual on Uniform Traffic Control Devices.
c. The Other Party will require its contractor to comply with the terms of all permits issued for the
project including, but not limited to, National Pollutant Discharge Elimination System (NPDES)
and other environmental permits.
d. All improvements constructed on the State’s right‐of‐way will become the property of the State.
5. Responsibilities of the Requesting Party
5.1. After authorizing the Providing Party to begin work, the Requesting Party will furnish any data or material in
its possession relating to the project that may be of use to the Providing Party in performing the work.
5.2. All such data furnished to the Providing Party will remain the property of the Requesting Party and will be
promptly returned upon the Requesting Party’s request or upon the expiration or termination of this
contract (subject to data retention requirements of the Minnesota Government Data Practices Act and other
applicable law).
5.3. The Providing Party will analyze all such data furnished by the Requesting Party. If the Providing Party finds
any such data to be incorrect or incomplete, the Providing Party will bring the facts to the attention of the
Requesting Party before proceeding with the part of the project affected. The Providing Party will
investigate the matter, and if it finds that such data is incorrect or incomplete, it will promptly determine a
method for furnishing corrected data. Delay in furnishing data will not be considered justification for an
adjustment in compensation.
5.4. The State will provide to the Other Party copies of any Trunk Highway fund clauses to be included in the bid
solicitation and will provide any required Trunk Highway fund provisions to be included in the Proposal for
Highway Construction, that are different from those required for State Aid construction.
5.5. The Requesting Party will perform final reviews and inspections of its portion of the project work. If the
work is found to have been completed in accordance with the work order contract, the Requesting Party will
promptly release any remaining funds due the Providing Party for the Project(s).
5.6. The work order contracts may include additional responsibilities to be completed by the Requesting Party.
6. Time
6.1. In the performance of project work under a work order contract, time is of the essence.
7. Consideration and Payment
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7.1. Consideration. The Requesting Party will pay the Providing Party as specified in the work order. The State’s
normal and customary additives will apply to work performed by the State, unless otherwise specified in the
work order. The State’s normal and customary additives will not apply if the parties agree to a “lump sum”
or “unit rate” payment.
7.2. State’s Maximum Obligation. The total compensation to be paid by the State to the Other Party under all
work order contracts issued pursuant to this MPC will not exceed $500,000.00.
7.3. Travel Expenses. It is anticipated that all travel expenses will be included in the base cost of the Providing
Party’s services, and unless otherwise specifically set forth in an applicable work order contract, the
Providing Party will not be separately reimbursed for travel and subsistence expenses incurred by the
Providing Party in performing any work order contract. In those cases where the State agrees to reimburse
travel expenses, such expenses will be reimbursed in the same manner and in no greater amount than
provided in the current "MnDOT Travel Regulations” a copy of which is on file with and available from the
MnDOT District Office. The Other Party will not be reimbursed for travel and subsistence expenses incurred
outside of Minnesota unless it has received the State’s prior written approval for such travel.
7.4. Payment
7.4.1. Generally. The Requesting Party will pay the Providing Party as specified in the applicable work
order, and will make prompt payment in accordance with Minnesota law.
7.4.2. Payment by the Other Party.
a. The Other Party will make payment to the order of the Commissioner of Transportation.
b. IMPORTANT NOTE: PAYMENT MUST REFERENCE THE “MNDOT CONTRACT NUMBER” SHOWN ON
THE FACE PAGE OF THIS CONTRACT AND THE “INVOICE NUMBER” ON THE INVOICE RECEIVED
FROM MNDOT.
c. Remit payment to the address below:
MnDOT
Attn: Cash Accounting
RE: MnDOT Contract Number 1050161W[XX] and Invoice Number: 00000[#####]
(see note above)
Mail Stop 215
395 John Ireland Blvd
St. Paul, MN 55155
7.4.3. Payment by the State.
a. Generally. The State will promptly pay the Other Party after the Other Party presents an itemized
invoice for the services actually performed and the State's Authorized Representative accepts the
invoiced services. Invoices must be submitted as specified in the applicable work order, but no
more frequently than monthly.
b. Retainage for Professional and Technical Services. For work orders for professional and technical
services, as required by Minn. Stat. § 16C.08, subd. 2(10), no more than 90 percent of the
amount due under any work order contract may be paid until the final product of the work order
contract has been reviewed by the State’s authorized representative. The balance due will be
paid when the State’s authorized representative determines that the Other Party has
satisfactorily fulfilled all the terms of the work order contract.
8. Conditions of Payment
8.1. All work performed by the Providing Party under a work order contract must be performed to the
Requesting Party’s satisfaction, as determined at the sole and reasonable discretion of the Requesting
Party’s Authorized Representative and in accordance with all applicable federal and state laws, rules, and
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regulations. The Providing Party will not receive payment for work found by the Requesting Party to be
unsatisfactory or performed in violation of federal or state law.
9. State’s Authorized Representative and Project Manager
9.1. The State's Authorized Representative for this master contract is the District State Aid Engineer, who has the
responsibility to monitor the State’s performance.
9.2. The State’s Project Manager will be identified in each work order contract.
10. Other Party’s Authorized Representative and Project Manager
10.1. The Other Party’s Authorized Representative for administering this master contract is the Other Party’s
Engineer, and the Engineer has the responsibility to monitor the Other Party’s performance. The Other
Party’s Authorized Representative is also authorized to execute work order contracts on behalf of the Other
Party without approval of each proposed work order contract by its governing body.
10.2. The Other Party’s Project Manager will be identified in each work order contract.
11. Assignment, Amendments, Waiver, and Contract Complete
11.1. Assignment. Neither party may assign or transfer any rights or obligations under this MPC or any work order
contract without the prior consent of the other and a fully executed Assignment Contract, executed and
approved by the same parties who executed and approved this MPC, or their successors in office.
11.2. Amendments. Any amendment to this master contract or any work order contract 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 contract, or their successors in office.
11.3. Waiver. If a party fails to enforce any provision of this master contract or any work order contract, that
failure does not waive the provision or the party’s right to subsequently enforce it.
11.4. Contract Complete. This master contract and any work order contract contain all negotiations and contracts
between the State and the Other Party. No other understanding regarding this master contract or any work
order contract issued hereunder, whether written or oral may be used to bind either party.
12. Liability
12.1. Each party will be responsible for its own acts and omissions to the extent provided by law. The Other
Party’s liability is governed by Minn. Stat. chapter 466 and other applicable law. The State’s liability is
governed by Minn. Stat. section 3.736 and other applicable law. This clause will not be construed to bar any
legal remedies a party may have for the other party’s failure to fulfill its obligations under this master
contract or any work order contract. Neither party agrees to assume any environmental liability on behalf of
the other party. A Providing Party under any work order is acting only as a “Contractor” to the Requesting
Party, as the term “Contractor” is defined in Minn. Stat. §115B.03 (subd. 10), and is entitled to the
protections afforded to a “Contractor” by the Minnesota Environmental Response and Liability Act. The
parties specifically intend that Minn. Stat. §471.59 subd. 1a will apply to any work undertaken under this
MPC and any work order issued hereunder.
13. State Audits
13.1. Under Minn. Stat. § 16C.05, subd. 5, the party’s books, records, documents, and accounting procedures and
practices relevant to any work order contract are subject to examination by the parties and by the State
Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this MPC.
14. Government Data Practices and Intellectual Property
14.1. Government Data Practices. The Other Party 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 MPC and any work
order contract, and as it applies to all data created, collected, received, stored, used, maintained, or
disseminated by the Other Party under this MPC and any work order contract. The civil remedies of Minn.
Stat. § 13.08 apply to the release of the data referred to in this clause by either the Other Party or the State.
14.2. Intellectual Property Rights
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14.2.1. Intellectual Property Rights. The Requesting Party will own all rights, title, and interest in all of the
intellectual property rights, including copyrights, patents, trade secrets, trademarks, and service
marks in the Works and Documents created and paid for under work order contracts. Works means
all inventions, improvements, discoveries (whether or not patentable), databases, computer
programs, reports, notes, studies, photographs, negatives, designs, drawings, specifications,
materials, tapes, and disks conceived, reduced to practice, created or originated by the Providing
Party, its employees, agents, and subcontractors, either individually or jointly with others in the
performance of this master contract or any work order contract. Works includes “Documents.”
Documents are the originals of any databases, computer programs, reports, notes, studies,
photographs, negatives, designs, drawings, specifications, materials, tapes, disks, or other materials,
whether in tangible or electronic forms, prepared by the Providing Party, its employees, agents, or
contractors, in the performance of a work order contract. The Documents will be the exclusive
property of the Requesting Party and all such Documents must be immediately returned to the
Requesting Party by the Providing Party upon completion or cancellation of the work order contract.
To the extent possible, those Works eligible for copyright protection under the United States
Copyright Act will be deemed to be “works made for hire.” The Providing Party Government assigns
all right, title, and interest it may have in the Works and the Documents to the Requesting Party. The
Providing Party must, at the request of the Requesting Party, execute all papers and perform all
other acts necessary to transfer or record the Requesting Party’s ownership interest in the Works
and Documents. Notwithstanding the foregoing, the Requesting Party grants the Providing Party an
irrevocable and royalty‐free license to use such intellectual property for its own non‐commercial
purposes, including dissemination to political subdivisions of the state of Minnesota and to
transportation‐related agencies such as the American Association of State Highway and
Transportation Officials.
14.2.2. Obligations with Respect to Intellectual Property.
a. Notification. Whenever any invention, improvement, or discovery (whether or not patentable) is
made or conceived for the first time or actually or constructively reduced to practice by the
Providing Party, including its employees and subcontractors, in the performance of the work
order contract, the Providing Party will immediately give the Requesting Party’s Authorized
Representative written notice thereof, and must promptly furnish the Authorized Representative
with complete information and/or disclosure thereon.
b. Representation. The Providing Party must perform all acts, and take all steps necessary to ensure
that all intellectual property rights in the Works and Documents are the sole property of the
Requesting Party, and that neither Providing Party nor its employees, agents or contractors retain
any interest in and to the Works and Documents.
15. Affirmative Action
15.1. The State intends to carry out its responsibility for requiring affirmative action by its Contractors, pursuant
to Minn. Stat. §363A.36. Pursuant to that Statute, the Other Party is encouraged to prepare and implement
an affirmative action plan for the employment of minority persons, women, and the qualified disabled, and
submit such plan to the Commissioner of the Minnesota Department of Human Rights. In addition, when the
Other Party lets a contract for the performance of work under a work order issued pursuant to this MPC, it
must include the following in the bid or proposal solicitation and any contracts awarded as a result thereof:
15.2. Covered Contracts and Contractors. If the Contract exceeds $100,000 and the Contractor employed more
than 40 full‐time employees on a single working day during the previous 12 months in Minnesota or in the
state where it has its principle place of business, then the Contractor must comply with the requirements of
Minn. Stat. § 363A.36 and Minn. R. Parts 5000.3400‐5000.3600. A Contractor covered by Minn. Stat. §
363A.36 because it employed more than 40 full‐time employees in another state and does not have a
certificate of compliance, must certify that it is in compliance with federal affirmative action requirements.
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15.3. Minn. Stat. § 363A.36. Minn. Stat. § 363A.36 requires the Contractor to have an affirmative action plan for
the employment of minority persons, women, and qualified disabled individuals approved by the Minnesota
Commissioner of Human Rights (“Commissioner”) as indicated by a certificate of compliance. The law
addresses suspension or revocation of a certificate of compliance and contract consequences in that event.
A contract awarded without a certificate of compliance may be voided.
15.4. Minn. R. Parts 5000.3400‐5000.3600.
15.4.1. General. Minn. R. Parts 5000.3400‐5000.3600 implement Minn. Stat. § 363A.36. These rules include,
but are not limited to, criteria for contents, approval, and implementation of affirmative action
plans; procedures for issuing certificates of compliance and criteria for determining a contractor’s
compliance status; procedures for addressing deficiencies, sanctions, and notice and hearing; annual
compliance reports; procedures for compliance review; and contract consequences for non‐
compliance. The specific criteria for approval or rejection of an affirmative action plan are contained
in various provisions of Minn. R. Parts 5000.3400‐5000.3600 including, but not limited to, parts
5000.3420‐5000.3500 and 5000.3552‐5000.3559.
15.4.2. Disabled Workers. The Contractor must comply with the following affirmative action requirements
for disabled workers:
a. The Contractor 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 Contractor 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.
b. The Contractor agrees to comply with the rules and relevant orders of the Minnesota
Department of Human Rights issued pursuant to the Minnesota Human Rights Act.
c. In the event of the Contractor's noncompliance with the requirements of this clause, actions for
noncompliance may be taken in accordance with Minn. Stat. Section 363A.36, and the rules and
relevant orders of the Minnesota Department of Human Rights issued pursuant to the Minnesota
Human Rights Act.
d. The Contractor agrees to post in conspicuous places, available to employees and applicants for
employment, notices in a form to be prescribed by the commissioner of the Minnesota
Department of Human Rights. Such notices must state the Contractor's obligation under the law
to take affirmative action to employ and advance in employment qualified disabled employees
and applicants for employment, and the rights of applicants and employees.
e. The Contractor must notify each labor union or representative of workers with which it has a
collective bargaining agreement or other contract understanding, that the Contractor is bound by
the terms of Minn. Stat. Section 363A.36, of the Minnesota Human Rights Act and is committed
to take affirmative action to employ and advance in employment physically and mentally
disabled persons.
15.4.3. Consequences. The consequences for the Contractor’s failure to implement its affirmative action
plan or make a good faith effort to do so include, but are not limited to, suspension or revocation of
a certificate of compliance by the Commissioner, refusal by the Commissioner to approve
subsequent plans, and termination of all or part of this contract by the Commissioner or the State.
15.4.4. Certification. The Contractor hereby certifies that it is in compliance with the requirements of Minn.
Stat. § 363A.36 and Minn. R. Parts 5000.3400‐5000.3600 and is aware of the consequences for
noncompliance.
16. Workers’ Compensation
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16.1. Each party will be responsible for its own employees for any workers compensation claims. This MPC, and
any work order contracts issued hereunder, are not intended to constitute an interchange of government
employees under Minn. Stat. §15.53. To the extent that this MPC, or any work order issued hereunder, is
determined to be subject to Minn. Stat. §15.53, such statute will control to the extent of any conflict
between the contract and the statute.
17. Publicity
17.1. Publicity. Any publicity regarding the subject matter of a work order contract where the State is the
Requesting Party 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 Other Party individually or jointly with others, or any subcontractors, with respect to
the program, publications, or services provided resulting from a work order contract.
17.2. Data Practices Act. Section 17.1 is not intended to override the Other Party’s responsibilities under the
Minnesota Government Data Practices Act.
18. Governing Law, Jurisdiction, and Venue
18.1. Minnesota law, without regard to its choice‐of‐law provisions, governs this master contract and all work
order contracts. Venue for all legal proceedings out of this master contract or any work order contracts, or
the breach of any such contracts, must be in the appropriate state or federal court with competent
jurisdiction in Ramsey County, Minnesota.
19. Prompt Payment; Payment to Subcontractors
19.1. The parties must make prompt payment of their obligations in accordance with applicable law. As required
by Minn. Stat. § 16A.1245, when the Other Party lets a contract for work pursuant to any work order, the
Other Party must require its contractor to pay all subcontractors, less any retainage, within 10 calendar days
of the prime contractor's receipt of payment from the Other Party for undisputed services provided by the
subcontractor(s) and must pay interest at the rate of one and one‐half percent per month or any part of a
month to the subcontractor(s) on any undisputed amount not paid on time to the subcontractor(s).
20. Minn. Stat. § 181.59.
20.1. The Other Party will comply with the provisions of Minn. Stat. § 181.59 which requires: Every contract for or
on behalf of the state of Minnesota, or any county, city, town, township, school, school district, or any other
district in the state, for materials, supplies, or construction shall contain provisions by which the Contractor
agrees: (1) That, in the hiring of common or skilled labor for the performance of any work under any
contract, or any subcontract, no contractor, material supplier, or vendor, shall, by reason of race, creed, or
color, discriminate against the person or persons who are citizens of the United States or resident aliens
who are qualified and available to perform the work to which the employment relates; (2) That no
contractor, material supplier, or vendor, shall, in any manner, discriminate against, or intimidate, or prevent
the employment of any person or persons identified in clause (1) of this section, or on being hired, prevent,
or conspire to prevent, the person or persons from the performance of work under any contract on account
of race, creed, or color; (3) That a violation of this section is a misdemeanor; and (4) That this contract may
be canceled or terminated by the state, county, city, town, school board, or any other person authorized to
grant the contracts for employment, and all money due, or to become due under the contract, may be
forfeited for a second or any subsequent violation of the terms or conditions of this contract.
21. Termination; Suspension
21.1. Termination by the State for Convenience. The State or commissioner of Administration may cancel this
MPC and any work order contracts at any time, with or without cause, upon 30 days written notice to the
Other Party. Upon termination, the Other Party and the State will be entitled to payment, determined on a
pro rata basis, for services satisfactorily performed.
21.2. Termination by the Other Party for Convenience. The Other Party may cancel this MPC and any work order
contracts at any time, with or without cause, upon 30 days written notice to the State. Upon termination,
VIII-08
MnDOT Contract Number: 1050161
11
the Other Party and the State will be entitled to payment, determined on a pro rata basis, for services
satisfactorily performed.
21.3. Termination for Insufficient Funding. The State may immediately terminate or suspend this MPC and any
work order contract if it does not obtain funding from the Minnesota legislature or other funding source; or
if funding cannot be continued at a level sufficient to allow for the payment of the services covered here.
Termination or suspension must be by written or fax notice to the Other Party. The State is not obligated to
pay for any services that are provided after notice and effective date of termination or suspension.
However, the Other Party will be entitled to payment, determined on a pro rata basis, for services
satisfactorily performed to the extent that funds are available. The State will not be assessed any penalty if
the master contract or work order is terminated because of the decision of the Minnesota legislature or
other funding source, not to appropriate funds. The State must provide the Other Party notice of the lack of
funding within a reasonable time of the State’s receiving that notice.
22. Data Disclosure
22.1. Under Minn. Stat. §270C.65, subd. 3, and other applicable law, the Other Party consents to disclosure of its
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 Other Party to file state tax returns and pay delinquent state tax
liabilities, if any.
23. Defense of Claims and Lawsuits
23.1. If any lawsuit or claim is filed by a third party (including but not limited to the Other Party’s contractors and
subcontractors), arising out of trunk highway work performed pursuant to a valid work order issued under
this MPC, the Other Party will, at the discretion of and upon the request of the State, tender the defense of
such claims to the State or allow the State to participate in the defense of such claims. The Other Party will,
however, be solely responsible for defending any lawsuit or claim, or any portion thereof, when the claim or
cause of action asserted is based on its own acts or omissions in performing or supervising the work. The
Other Party will not purport to represent the State in any litigation, settlement, or alternative dispute
resolution process. The State will not be responsible for any judgment entered against the Other Party, and
will not be bound by the terms of any settlement entered into by the Other Party except with the written
approval of the Attorney General and the Commissioner of Transportation and pursuant to applicable law.
24. Additional Provisions
24.1. NONE
[THE BALANCE OF THIS PAGE HAS INTENTIONALLY BEEN LEFT BLANK]
VIII-08
MnDOT Contract Number: 1050161
12
OTHER PARTY
The Other Party certifies that the appropriate person(s)
have executed the contract on behalf of the Other Party
as required by applicable articles, bylaws, resolutions or
ordinances.
By:
Title:
Date:
By:
Title:
Date:
COMMISSIONER OF TRANSPORTATION
By:
Date:
Title:
COMMISSIONER OF ADMINISTRATION
By:
Date:
VIII-08
Exhibit A – Table of Technical Services
Master Partnership Contract Program FY 2023-2027
Date: 3/28/2022
Source
Code Title Description
1735 Bituminous Plant Inspection
Performing QA/QC physical testing at the plant; sampling and transporting of materials from the plant to the lab for lab testing,
plant reviews, and operations; investigating plant discrepancies; and other technical services in the plant or office associated with
bituminous plant inspection.
2830 Bridge Bearing Assemblies All tasks related to the repair and maintenance of fixed or expansion-bearing assemblies on bridges. Includes related traffic
2819 Bridge Curb, Walk And Railing
Repairing and maintaining bridge curb, walk, rail, coping, and fencing connected to the rail. Includes glare screen and median
barriers on bridges. Includes related traffic control.
2820 Bridge Deck
Work associated with bridge deck and slab repair regardless of removal depth or type of material used for patching. Includes deck
or slab overlays and replacements and underside deck delamination. Includes related traffic control.
2838 Bridge Deck Crack Sealing All tasks related to deck crack sealing. Includes related traffic control.
2827 Bridge Expansion, Relief Joints
All maintenance tasks associated with bridge expansion joints, except joint reestablishment. Includes tightening expansion device
bolts and replacing seal glands. Includes related traffic control.
2855 Bridge Inspection Direct Support Activities that support bridge inspection, but are not direct production (i.e., leadership, technical, administrative assistance.
2828 Bridge Inspection-Federal Fund
All bridge inspection tasks for non-MnDOT bridges funded by the federal Fracture-Critical Bridge Program (Project Code will begin
with TSL and with the local bridge number). Includes related inspection reports. For MnDOT Trunk Highway bridges (Project Code
begins with TSO followed by the bridge number) and local and Department of Natural Resources (DNR) (bridge number begins
with 9A follow by bridge number) bridge inspections to be billed to the local government or Department of Natural Resources
(DNR) use Source Code 2824.
2824 Bridge Inspection-Non-Federal
All tasks related to inventory, inspection, and load capacity rating work done on trunk highway bridges to meet the requirements
of the National Bridge Inspection System and/or Minnesota Bridge Safety Inspection Program or for billing to local governments.
Includes related inspection reports and deck condition surveys.
1421
Bridge Management System
Operation/Administration/Data Use for tasks related to the Bridge Management System, including operations, administration, or data entry.
2847 Bridge Poured/ Relief Joint Seal
All tasks associated with resealing bridge construction joints. Includes related traffic control. Related source type codes: Activities
that support bridge inspection, but are not direct production (i.e., leadership, technical, administrative assistance).
2829 Bridge Superstructure
All tasks to repair any bridge component above the bridge seat that is not included in other source codes. Includes repairs to all
types of bridge superstructure elements such as girders, beams, floor beams, trusses, stringers, t-beams, precast channels, and
box girders. Includes related traffic control.
2316 Brush & Tree Removal
Maintaining, watering, trimming, and removing highway right of way tree and brush. Includes chipping of tree limbs and stump
removal/grinding. Includes related traffic control.
0032 Business Unit Management
All expenses of business/office managers for general management and administration of support functions. includes
administering central facilities maintenance and facilities capital budgets.
3000 Class Of Frequency Coordination Use for frequency coordination done with APCO, AASHTO or FCCA.
Page 1 of 5
VIII-08
Source
Code Title Description
1733 Concrete Plant Inspections
Performing QA/QC physical testing at the plant; sampling and transporting of materials from the plant to the lab for lab testing,
plant reviews, and operations; investigating plant discrepancies; and other technical services in the plant or office associated with
stationary concrete plants or mobile concrete paving plant inspection.
1734 Construction Materials Inspections
Performing construction phase material inspection and engineering, for structural steel, precast and pre-stressed concrete,
reinforcement steel, and electrical products and related technical services in the field and office for materials to be used in
multiple projects. Includes travel time, sampling, and sample delivery. Includes tasks related to reviewing shop drawings furnished
by suppliers or fabricators and contractor working drawings or calculations, and for tasks related to structural metals inspection
(materials surveys, physical and chemical laboratory testing, material inspection and engineering, and technical services in the
field and offices).
1802 Construction Surveying Use for surveys to provide staking for the contractor's operations and for any other construction phase surveying
2106 Crack Sealing
All surface crack sealing, crack filling, or rout and seal operations. Includes related materials, hauling, stockpiling, and traffic
control.
3023 Elec Comm Eq Rep - Miles
0400 Equipment Calibration-Mat Insp Use when performing periodic equipment calibration for equipment used in the materials lab or on construction projects.
1800 Field Inspection
All construction project field inspection (not cyclical inspection of assets), including preparatory plans & spec review,
measurement, and verification other than environmental monitoring. Includes field inspection of materials such as gradations,
densities/DCP, proctors, compaction, slump tests, and field air tests. Witnessing claims, determination and computation of pay
quantities, materials control and certification for progress vouchers, but not for final payments. Includes collecting and
transporting samples for lab tests, but not the actual laboratory verifications. Includes all construction phase project related
activities for project and resident engineers such as problem resolution, guidance and direction to field technicians. Includes all
miscellaneous field engineering expenses used by district offices such as space rental, utilities, or other costs charged to the
construction project Includes all work associated with evaluation of implementation of intelligent compaction devices to
determine if construction contract terms have been met.
1040 Final Design Surveys
All district field and office tasks needed to respond to supplemental "Requests for Survey Data" and add the data to the surveys
base map or DTM.
0601 Gen Training Preparation - Delivery
Use for time, materials, and travel expenses when developing or delivering training. includes course preparation, designing
materials, and managing training records.
2210 Guardrail-Install/Repair/Maintenance
Install, repair, or maintain low tension cable, plate beams, and end treatments; cable tension adjustments; and reflector
replacement. includes related traffic control.
2624 Indirect Expense Indirect shop expenses and shop equipment. Allocate to mobile equipment.
1871 Lighting Maintenance & Utilities
All work related to installing, maintaining, restoring, or removing highway lighting systems and fixtures. Includes repairing,
maintaining, or replacing supports necessary for roadway lighting luminaries. Includes patrol highway lighting, inspect lighting
structures, electrical service for highway lighting, re-lamping, pump stations, anti-icing systems, truck roll-over warning systems
and electrical repairs. Includes traffic control in support of roadway lighting activities. Use for tasks related to public
inquiries/complaints, review utility billings, provide data, and conduct field reviews.
Page 2 of 5
VIII-08
Source
Code Title Description
1875 Locate One Call
Finding and marking locations of buried conduit, cables, hand holes, loops, etc. in order to maintain or repair the traffic
management system, signal systems, or roadway lighting systems.
1732 Material Testing & Inspection
Performing construction phase and research physical and chemical laboratory testing, and related technical services in the
districts and central labs, and for performing research and construction phase non-destructive testing materials surveys, and
related technical services in the field and offices. Includes detour surveys. Non-destructive tests include, skid resistance and falling
weight deflectometer (FWD) testing.
2660 Misc Revenue
Used only by Office of Financial Management for billing and deposit transactions and to record payments to the department for
gravel sold to contractors and others.
2822 Miscellaneous Bridge Maintenance
Miscellaneous maintenance tasks performed on a specific bridge or structure not covered by other source codes. Includes work
on items such as stairways, drains, fencing, light bases, transient guards, and access doors. Includes transient removal, ordering
materials, and picking up equipment. Includes related traffic control.
3049
On Call Electronic Communications Infrastructure
Maintenance To be used by Statewide Radio Communications personnel to record on-call time.
2142 Overhead Sign Panel Maintenance
Work related to the repair and replacement of overhead sign panels, extruded sign panels mounted on I-beams, and overhead
sign structures. Includes related cable locates and traffic control. Does not include structural work.
2102 Patching Related source type codes: 2103-Heavy patching, 2104-Bituminous paving, 2105-Blow patching
1520 Pavement Management System
For tasks related to the operation of the pavement management system, including development and maintenance/technical
support. Includes tasks to meet needs external to MnDOT.
2406 Plowing & Material Application
Shoulder to shoulder snow removal operation, winging back, snow blowing drifts, and the application of de-icing chemicals using
mobile equipment. Includes changing cutting edges during event and related traffic control.
3005 Radio - Mobile Equipment
Use for the repair and preventative maintenance of all equipment associated with wireless two-way radio communications
systems (includes mobile radios, portable radios, base stations, console workstations, recorders, etc.). Non-MnDOT equipment -
Must use Project number assigned to requesting agency (State Patrol, DNR, BCA, Fire Marshall). See OSRC Project Code list.
3027 Radio Programming
Creating or modifying radio frequency programs and programming mobile and portable radios. Does not include mobile radios
used as fixed base radios as part of the Inter-OP System (Use 3009).
3002 Radio/Electronic Infrastructure
Use for the repair and preventative maintenance of all equipment associated with wireless two-way radio communications
systems (includes mobile radios, portable radios, base stations, console workstations, recorders, etc.). Non-MnDOT equipment -
Must use Project number assigned to requesting agency; Department of Public Safety (DPS) includes State Patrol (SP) Bureau of
Criminal Apprehension (BCA), Fire Marshall); does not include Department of Natural Resources (DNR). See OSRC Project
3007 Radio/Electronic System Engineering Use for design of microwave, radio and miscellaneous electronic systems.
3009 Radio/Electronic System Upgrade & Installation
Use for the installation and other services needed to provide major system upgrades or improvements to wireless or electronic
systems. Use for all work performed to correct or repair deficiencies found in a new installation.
1716 Record Sampling
Used by Materials and Research Section and district materials staff to verify inspector" sampling and testing procedures and
checking inspectors' equipment during project construction as required by FHWA. Use when performing field tests on split
sample.
Page 3 of 5
VIII-08
Source
Code Title Description
2222 Sign/Delineation/Marker Repair
Replacing, repairing, and washing signs (including temporary stop signs). Includes re-sequencing intersection signing and
repair/replace overhead and extrude signs mounted on I-beams. Includes related cable locates and traffic control.
1182 Soils/Foundation Field/Laboratory Tests
All laboratory testing necessary to provide geotechnical information to complete roadway soils recommendations and approvals
for use in the development of Final Design Plans and Special Provisions. Lab work includes R-value, resilient modulus, soil
classification, gradation, proctor testing, unconfined compression, consolidation, direct simple shear, direct sheer, permeability
and triaxial tests.
1879 State Furnished Materials
Use to record labor hours, equipment usage, and material costs to supply state furnished materials to a state road construction
project with federal participation.
1738 State Project - Specific Materials Inspection
Performing material inspection and engineering for materials designated for a specific construction project (SP). Generally applies
to inspection of such things as structural steel, prestressed concrete items, and most precast concrete items and related technical
services in the field and offices when related to a particular SP. Use for SP specific tasks related to performing the review of shop
drawings furnished by suppliers or fabricators and contractor working drawings or calculations, and for tasks related to structural
metals inspection (materials surveys, physical and chemical laboratory testing, material inspection and engineering and technical
services in the field and offices).
1434 Structural Metals Inspection-Non DOT
Reviewing shop drawings furnished by suppliers, fabricators, and contractors (working drawing or calculations), and for tasks
related to structural metals inspection (materials surveys, physical and chemical laboratory testing, material inspection and
engineering, and technical services in the field and offices) for local agency projects.
2629 Supplies & Small Tools Shop tools, small equipment, and supplies that cannot be directly charged to a mobile equipment unit.
0152 Support Services
Work that supports general office management, system management such as entering data into SWIFT, PPMS, PUMA and other
MnDOT systems, attending staff meetings and other indirect support activities.
1312 Tech Assist-Outside MnDOT Use when providing technical assistance to an organization external to MnDOT.
3025 Tower/Building Maintenance
Use for all tasks related to the maintenance of a tower building or site. Includes towers, buildings, generators, LP system, fencing,
landscaping, grounding, ice bridge, cable management, climbing ladders, card key systems, and HVAC.
1876 Traffic Counting
Use to record labor, equipment usage, and material costs for activities related to traffic counts made for statewide traffic
monitoring or traffic operations. Includes all activities related to traffic counting, such as taking requests, assigning priorities,
collecting field data, processing data, and developing new techniques for collection.
1501 Traffic Management System (TMS)
Used by traffic operations staff for all tasks that support the RTMC's operations center (or TOCC) providing traveler information,
managing incidents and monitoring the FMS. Includes dynamic message sign maintenance, ramp meter maintenance, camera
maintenance, and loop detection activities. Includes maintenance activities related to any ITS or TMS device such as RTMC cables,
monitor wall, switchers, routers, or modems. Use to record all costs for maintenance activities related to traffic management fiber
optics. Use for tasks related to maintaining traffic operations software including minor software enhancements and fixes. Use
when providing traffic operations technical assistance external to MnDOT. Use with
Page 4 of 5
VIII-08
Source
Code Title Description
1513 Traffic Management System (TMS) Integration
For tasks associated with the incorporation of new and existing TMS devices (cameras, loops, DMS, and other ITS devices) into
existing infrastructure to ensure proper operation. Use with the Construction/Program Delivery Appropriation.
1500 Traffic Mgt System Maintenance
Used by staff to maintain various Intelligent Transportation System (ITS) devices such as dynamic message signs, ramp meters,
cameras, detection, cables, RICWS, video wall monitors, switches, routers or modems. Used to record all costs for maintenance
activities related to traffic management fiber optics. Not to be used for Lighting or Traffic Signal maintenance.
1721 Traffic Sign Work Orders Use for work involved in preparing work orders for traffic signs. Use only with Maintenance Operations appropriation (T790081).
2863 Traffic Signal Inspection
Work related to cyclical structural and electrical inspection and preventive maintenance checks of traffic signal
systems/structures. Includes labor, equipment, materials, and traffic control.
1870 Traffic Signal Maintenance
Work related to the structural repair and replacement of traffic signal system structures and all electrical maintenance for traffic
signal systems including electrical power, labor, equipment materials, GSOC locates, traffic control and responses to public
inquiries.
2834 Waterway Maintenance
All tasks related to waterway maintenance for deck bridges. Includes debris removal, waterway cleanup, channel repair, and
channel protection repair that is not part of slope protection. Includes related traffic control.
Page 5 of 5
VIII-08
City Council Memorandum
To: Mayor Fasbender & City Council Members
From: Paige Marschall Bigler
Date: May 16, 2022
Item: Accept a Donation from Letendre Family & Friends
Council Action Requested: Council is asked to accept a donation in the amount of
$800.00, made to the Parks and Recreation Department and and has designated that
this donation be used for a memorial bench in a City Park or on a City Trail.
Background Information: Letendre Family & Friends has made this donation to be used
towards a memorial bench in a City Park or on a City Trail.
Financial Impact: Increase the Parks and Recreation donation account by $800.00
Advisory Commission Discussion: N/A
Council Committee Discussion: N/A
Attachments: Resolution
VIII-09
CITY OF HASTINGS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 05 - - 22
A RESOLUTION EXPRESSING ACCEPTANCE OF AND APPRECIATION OF
A DONATION TO THE PARKS AND RECREATION DEPARTMENT
WHEREAS, The Letendre Family and friends have presented to the City Parks &
Recreation Department a donation of $800.00 and has designated that this donation be
used for a memorial bench in a City Park or on a City Trail; and
WHEREAS, the City Council is appreciative of the donation and commends The
Letendre Family & Friends for their civic efforts,
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of
Hastings, Minnesota;
1. That the donation is accepted and acknowledged with gratitude; and
2. That the donation will be appropriated for a memorial bench to be placed in a
City Park or on a City Trail; and
Adopted this 16th day of May, 2022
________________________________
Mary Fasbender, Mayor
Attest:
____________________________
Kelly Murtaugh, City Clerk
VIII-09
CITY OF HASTINGSDAKOTA COUNTY, MINNESOTA
RESOLUTION 5- -22
A RESOLUTION FOR THE CITY OF HASTINGS AUTHORIZING INDIVIDUALS AS
DESIGNEE SIGNATURES FOR PURPOSES OF BANKING TRANSACTIONS
WHEREAS, the City of Hastings conducts many banking transactions throughout the
year with a variety of financial institutions; and
WHEREAS, most of these financial institutions require some written notification as tothe authorized signatures for the City; and
NOW, THEREFORE BE IN RESOLVED, that the Hastings City Council does hereby
authorize the following individuals as approved for the City’s checking account(s): MaryFasbender, Mayor; Dan Wietecha, City Administrator; Chris Eitemiller, Finance Manager; andAshley Bertrand, Senior Accountant; and
BE IT FURTHER RESOLVED, that the Hastings City Council does hereby authorizeFinance Manager Chris Eitemiller and Senior Accountant Ashley Bertrand (in the absence of theFinance Manager) to conduct such other necessary banking transactions as necessary (wire
transactions, ACH transactions, etc.) and to conduct City business with other financialinstitutions including to manage the financial transactions that relate to the sale of RenewableEnergy Credits (REC’s).
ADOPTED BY THE CITY COUNCIL OF THE CITY OF HASTINGS, THIS
16TH DAY OF MAY, 2022.
______________________________Mary Fasbender, Mayor
ATTEST:
_____________________________________
Kelly Murtaugh, City Clerk
VIII-10
City Council Memorandum
To: Mayor Fasbender & City Councilmembers
From: Chris Eitemiller, Finance Manager
Date: May 16, 2022
Item: 2022 Budget amendments
Council Action Requested:
The Council is requested to approve three budget amendments.
Background Information:
The Sewer Utility’s 2021 sewer lining project had to be delayed until the ground was
frozen to minimize disruption to the golf course. This work was completed in April 2022.
The department needs $296,014 of additional spending authority in 2022.
The Stormwater Utility seeks to add $16,000 for Louis Lane ponding basin pump and
controls. These costs were factored into the 2022 Budget planning, but the spending was
missed when updating the finance system. Approval to add this authority is requested.
The LeDuc Mansion maintenance is primarily supported by a transfer from the Simmons
Residuary fund. For at least the past few years, this transfer has been budgeted to come
from the Simmons Trust Fund, rather than the Simmons Residuary Fund. However, the
actual transfers have been made correctly. Finance requests authority to correct the
budget by removing a budgeted transfer from the Simmons Trust Fund, and adding the
same amount of $42,200 as a transfer from the Simmons Residuary Fund.
Financial Impact:
Fund balance will be the funding source for the Sewer lining amendment, whereas
Stormwater rates will fund the Louis Lane improvement. Both funds can accommodate
these changes.
The LeDuc change will not impact the affected funds’ financial position, as actual
transfers have been done in the manner reflected by this budgetary change.
Advisory Commission Discussion:
None
Council Committee Discussion:
None
Attachments:
Budget resolution
VIII-11
CITY OF HASTINGS
DAKOTA COUNTY, MINNESOTA
RESOLUTION NO. 5 - - 22
A RESOLUTION AMENDING THE 2022 BUDGET
WHEREAS, the Mayor and City Council adopted the 2022 budget on December 6, 2021;
and
WHEREAS, there is a need to amend the budget to fund two planned projects as well as
properly reflect the LeDuc financing plan;
NOW THEREFORE LET IT BE RESOLVED THAT, the 2022 budget is amended as
follows:
ATTEST:
___________________________ ___________________________
Kelly Murtaugh, City Clerk Mary D. Fasbender, Mayor
Description Account Account Description
2022 Adopted
Budget Change
Amended 2022
Budget
Sewer Lining project 601-300-3400-6590 Contractors & Construction 11,000 296,014 307,014
Stormwater Ponding Basin 603-300-3600-6590 Contractors & Construction 51,000 16,000 67,000
LeDuc Maintenance 850-450-4160-6720 Operating Transfer Out 48,200 (42,200) 6,000
LeDuc Maintenance 851-450-4160-6720 Operating Transfer Out - 42,200 42,200
VIII-11
City Council Memorandum
To: Mayor Fasbender & City Councilmembers
From: Assistant City Administrator Kelly Murtaugh
Date: May 16, 2022
Item: Ballot Drop Box Grant Program
Council Actions Requested:
Authorize the submittal of the 2022 Drop Box Grant Program for Minnesota Counties and
Municipalities.
Background Information:
During its 2021 1st Special Session, the Minnesota Legislature, via Chapter 12, Article 1,
Section 6, appropriated $2 million to the Office of the Minnesota Secretary of State for grants to
local units of government to implement the provisions of Minnesota Statutes, section 203B.082.
Minnesota Statutes, section 203B.082, specifies the minimum security requirements and
standards to establish a 24 hour ballot drop box. Grants are available for up to $15,000 per drop
box, and cover the cost of purchasing the drop box, installation of the drop box, installation of
video monitoring, and associated out-of-pocket costs with video monitoring such as license
contracts, contracts for data storage, or other costs associated with data storage.
Financial Impact:
The Ballot Drop Box Grant Program does not require municipalities to match any amount of
funding to be eligible to receive a grant award amount, but instead provides for reimbursement of
actual costs for up to $15,000 per drop box.
Committee Discussion:
NA
Attachments:
• Resolution Authorizing Submission of a Drop Box Grant application.
• Drop Box Grant application.
VIII-12
Mary Fasbender, Mayor
Attest:
Kelly Murtaugh, City Clerk
CITY OF HASTINGS
DAKOTA COUNTY
STATE OF MINNESOTA
RESOLUTION NO. 05 - -22
AUTHORIZATION TO SUBMIT DROP BOX GRANT APPLICATION
NOW THEREFORE BE IT RESOLVED, that the City Council of the City of
Hastings authorizes the submission of the Drop Box Grant application.
Passed the 16th day of May, 2022.
WHEREAS, an application for grant funds must be submitted to the Office of
the Minnesota Secretary of State for grant consideration; and
WHEREAS, obtaining grant funds would offset the expense for implementing a ballot
drop box for the City of Hastings residents.
WHEREAS, the Minnesota Legislature appropriated funds to the Office of the Minnesota
Secretary of State for grants to local units of government to establish a 24-hour
ballot drop box;and
WHEREAS, the City of Hastings does not currently provide a 24-hour ballot drop box for
residents; and
VIII-12
2022 Application for
Drop Box Grant Program for Minnesota Counties and Municipalities
In accordance with the requirements of
Laws 2021, First Special Session, Chapter 12, Article 1, Section 6
Minnesota Secretary of State Steve Simon
Contents
A. Overview / General Information
B. Contact Information
C. Application Amount Worksheet
D. Certification
Section A. Overview - General Information
The State of Minnesota Office of the Secretary of State (OSS)is currently soliciting grant proposals from cities,townships,and counties for the
establishment of Ballot Drop Boxes pursuant to Laws 2021, First Special Session, Chapter 12, Article 1, Section 6
During its 2021 1st Special Session,the Minnesota Legislature,via Chapter 12,Article 1,Section 6,appropriated $2 million to the Office of the
Minnesota Secretary of State for grants to local units of government to implement the provisions of Minnesota Statutes,section 203B.082.
Minnesota Statutes, section 203B.082, specifies the minimum security requirements and standards to establish a 24 hour ballot drop box.
Grants are available for up to $15,000 per drop box,and cover the cost of purchasing the drop box,installation of the drop box,installation of
video monitoring,and associated out-of-pocket costs with video monitoring such as license contracts,contracts for data storage,or other costs
associated with data storage.
The Ballot Drop Box Grant Program does not require counties to match any amount of funding to be eligible to receive a grant award amount, but
instead provides for reimbursement of actual costs for up to $15,000 per drop box.
Political subdivisions will be responsible for selecting a contractor, vendor, and/or staff to establish the drop box and ensure compliance with
Minnesota Statutes, section 203B.082. The political subdivision will report the expenditures for the establishment of the drop box to the OSS in order
to receive reimbursements up to the amount awarded. Political subdivisions will also be required to fully cooperate in any and all state audits of the
grant funds.
Applications to the Drop Box Grant Program will be accepted until the funds are exhausted or retuned to the State General Fund. Currently, the
OSS is required to return any unused funds by July 1, 2023. Priority will be given to those applications received by May 16, 2022, and applications
will be considered on a rolling basis until the grant funds are exhausted. If on May 16, 2022, the amount of applications exceed the amount of
funds available, the OSS will prioritize one box per county, city, township, or tribal jurisdiction covered by the application. Funds are expected to
be used for the purposes described above.
In order to apply for these funds, jurisdictions must answer all questions fully and completely on this application. Click on the applicable tabs
below to provide the required information to complete this application. All applications must include a resolution from the county board of
commissioners or municipal governing body approving the application for these funds.
VIII-12
Jurisdiction: (Political Subdivision)City of Hastings
Name of Individual Submitting Application:Kelly Murtaugh
Title of Individual Submitting Application:Assistant City Administrator
Mailing Address of Individual Submitting
Application: (Street/P.O. Box)101 4th Street East
City Hastings
State Minnesota
Zip Code 55033
E-Mail Address of Individual Submitting
Application:kmurtaugh@hastingsmn.gov
Phone:651-480-2355
FAX:
Federal Tax ID # of Jurisdiction:41-6005220
Section B. Contact Information
VIII-12
1. Number Of Drop Boxes Intended 1
2. Estimated Cost to Purchase Each Drop Box $2,000.00
3. Estimated Cost for Drop Box Installation Per Drop Box $2,000.00
4. Total Estimated Drop Box Cost Per Drop Box:$4,000.00
5. Estimated Cost for Monitoring Hardware Per Drop Box $1,400.00
6. Estimated Cost for Monitoring Installation Per Drop Box $1,800.00
7. Total Estimated Monitoring Cost Per Drop Box:$3,200.00
8. TOTAL COST FOR DROP BOXES (Lines 4+7, then multiplied by Line 1)$7,200.00
9. Estimated TOTAL Cost for Monitoring Licensing $200.00
10. Estimated TOTAL Cost for Data Storage $0.00
11. TOTAL COST FOR LICENSING AND STORAGE (Line 8 + Line 9)
TOTAL Application Amount (Lines 8 +11):$7,400.00
Section C. Application Amount Worksheet
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City Council Memorandum
To: Mayor Fasbender & City Councilmembers
From: City Administrator Dan Wietecha
Date: May 16, 2022
Item: Dakota Broadband Board (DBB)
Council Action Requested:
Informational update – no action needed at this time.
Background Information:
The Dakota Broadband Board (DBB) was formed in 2017 with the approval of a Joint Powers
Agreement (JPA) by eleven member participants. Per the JPA, the purpose of the DBB is:
• To create a high-performance institutional network (I-Net) for the efficient management
of physical network assets owned among members and to enable more efficient and
lower cost price agreements for members for a variety of IP-based services.
• To utilize excess I-Net capacity to enhance business attraction, business retention and
economic development opportunities through the provision of wholesale access to private
sector service providers (C-Net).
• The DBB will not be a retail provider of services to businesses and residents in Dakota
County.
Other potential long-term benefits have been noted for economic development, housing,
transportation, access to grants, and to encourage incumbent providers to increase services or
reduce costs. There has also been a general interest in not falling behind the other cities in the
county.
The past few years, the C-Net provisions have been a point of contention for several members of
the DBB (Dakota County, Burnsville, and Lakeville).
In March 2022, Dakota County directed its staff to proceed with a plan to withdraw from the
DBB. The County has expressed concern that the current DBB structure is not efficient from a
cost/benefit standpoint and is the wrong model to achieve the initial goals. The County
recognizes that it would need to hire staff to manage the County’s assets going forward and
anticipates a new JPA (or several JPAs) for shared maintenance of I-Net assets. The County
contributes about 63% of the DBB budget.
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The County has proposed development of an orderly exit plan. DBB members have
acknowledged that the DBB’s recent community survey would continue and still provide useful
information about residential, business, and institutional needs. DBB members have also
acknowledged that the 2022 budget is already committed. In April 2022, the DBB Board
proposed an ad hoc committee to work on an alternative or modified JPA/structure that could be
considered.
Financial Impact:
Hastings 2022 costs are $18,697 ($14,697 for DBB operational costs plus $4,000 member and
access fee).
Committee Discussion:
N/A
Attachments:
N/A
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City Council Memorandum
To: Mayor Fasbender & City Councilmembers
From: City Administrator Dan Wietecha
Date: May 16, 2022
Item: Dakota Communications Center (DCC) Joint Powers Agreement
Council Action Requested:
1. DCC Board recommends approval of updated JPA.
2. Continue to press Dakota County to fund the DCC.
Background Information:
The Dakota Communication Center (DCC) was created in 2005 via a joint powers agreement
(JPA) to cooperatively engage in the establishment, operation and maintenance of a
Countywide public safety answering point and communications center for law enforcement,
fire, emergency medical services (EMS), and other public safety services for the mutual
benefit of all, rather than individual dispatch operations in each municipality.
Over the past several years, there have been a series of discussions about the funding model.
Currently, each member’s contribution is based on a three-year average of the member’s call
volume. There has been interest in updating this to have Dakota County carry a greater
proportion of the DCC budget; this has been premised on the acknowledgment that dispatch
service is a basic governmental service, it is a county-wide service, and it has expenses
regardless of the number of calls any individual municipality might have.
By August 2020, an ad hoc committee had developed a recommendation that Dakota County
cover 100% of the fixed costs, phased in over 5 years. In the fall of 2021, the Dakota County
Board considered the funding proposal and instead approved paying 50% of the fixed costs,
phased in over 3 years.
Anecdotally, the County indicated 3 areas of concern:
1. Greater efficiency in the DCC governance – identify changes to the DCC committee
structure for reform/streamlining.
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2. Greater County control over fixed costs – identify measures to provide greater County
influence over cost spending decisions.
3. The County would check-in on progress after 3 years.
The draft amended and restated JPA establishing Dakota 911 is attached and incorporates
the following changes:
1. Rename the Dakota Communication Center to Dakota 911; and
2. Alter funding of Dakota 911 with Dakota County funding a portion of Dakota 911’s
fixed cost as follows:
2022: 16.667%
2023: 33.333%
2024 and subsequent years: 50.000%
The Dakota County Board would also evaluate increasing its share of fixed costs for
2025 and subsequent years to more than 50% and up to potentially 100%. It is possible
that this could be reviewed prior to 2025.
At its May 5, 2022 meeting, the DCC Board voted unanimously to recommend approval of the
revised JPA.
Financial Impact:
Hastings budgeted fees for 2022 are $500,289. Under the revised JPA, with all else equal,
Hastings would have savings of approximately:
$17,344 in 2022
$34,688 in 2023
$52,032 in 2024
Committee Discussion:
DCC Board voted unanimously to recommend adoption of JPA 5/5/2022.
Attachments:
• Resolution: Approving Amended and Restated Joint Powers Agreement Establishing
Dakota 911
• Amended and Restated Joint Powers Agreement Establishing Dakota 911
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RESOLUTION NO. 05 - -22
Approving Amended and Restated JPA Establishing Dakota 911
WHEREAS, effective September 20, 2005, the City of Hastings entered into the joint powers
agreement (JPA) establishing the Dakota Communications Center (DCC) to cooperatively
engage in the establishment, operation and maintenance of a countywide public safety
answering point and communications center for law enforcement, fire, emergency medical
services (EMS), and other public safety services for the mutual benefit of all; and
WHEREAS, in 2022, the Dakota County Board authorized signing of the revised JPA to
phase the County's contribution for fixed costs up to 50 percent over 3 years, starting in 2022
as noted below
2022: 16.667%
2023: 33.333%
2024 and subsequent years: 50.000%
; and
WHEREAS, the Dakota Communications Center also desires to amend the JPA to change its
name to Dakota 911; and
WHEREAS, the changes require an amendment of the JPA; and
WHEREAS, amending the JPA will reduce the member fees paid by the City of Hastings to
support the ongoing operations of the Dakota Communications Center; and
WHEREAS, Dakota County will evaluate increasing its share of fixed costs for 2025 and
subsequent years to more than 50 percent and up to potentially 100 percent.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hastings
authorizes the Mayor and City Clerk to execute an amended and restated joint powers
agreement establishing Dakota 911, as presented.
Passed the 16th day of May, 2022.
Mary Fasbender, Mayor
Attest:
Kelly Murtaugh, City Clerk
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Amended and Restated Joint Powers
Agreement
Establishing
Dakota 911
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Amended Dakota 911 JPA
TABLE OF CONTENTS
RECITALS .................................................................................................................................. 3
PURPOSE .................................................................................................................................... 3 TERM .......................................................................................................................................... 4 POWERS ..................................................................................................................................... 4 MEMBERSHIP ........................................................................................................................... 5
BOARD OF DIRECTORS .......................................................................................................... 6
EXECUTIVE COMMITTEE ...................................................................................................... 8 EXECUTIVE DIRECTOR ........................................................................................................ 10 OPERATIONS COMMITTEE .................................................................................................. 11 BUDGET ................................................................................................................................... 13
AUDIT ....................................................................................................................................... 15
TERMINATION AND DISSOLUTION .................................................................................. 15 WITHDRAWAL OF A MEMBER ........................................................................................... 16 INSURANCE AND INDEMNIFICATION .............................................................................. 17 RESOLUTION OF DISPUTES ................................................................................................ 18
FORCE MAJEURE ................................................................................................................... 18
MISCELLANEOUS PROVISIONS ......................................................................................... 18
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Amended Dakota 911 JPA
This Amended and Restated Joint Powers Agreement Establishing Dakota 911 (the “Agreement”) is
entered into between the following political subdivisions of the State of Minnesota, by and through
their respective governing bodies:
City of Apple Valley City of Lakeville
City of Burnsville City of Mendota Heights City of Eagan City of Rosemount
City of Farmington City of South St. Paul
City of Hastings City of West St. Paul
City of Inver Grove Heights County of Dakota
Individually and collectively, the parties to this Agreement are referred to as the “Members” of Dakota
911, formerly known as the Dakota Communications Center.
RECITALS
WHEREAS, pursuant to Minnesota Statutes § 471.59, the Members are empowered to provide
assistance to, and act in coordination with, other political subdivisions within the state of Minnesota
as deemed necessary to benefit the public; and
WHEREAS, pursuant to Minnesota Statutes § 465.717, the Members are empowered to incorporate the joint powers entity created by this Agreement as a Minnesota nonprofit corporation if deemed
necessary or beneficial to the Members; and
WHEREAS, effective September 20, 2005, the Members executed in the Joint Powers Agreement
Establishing the Dakota Communications Center (the “Original JPA”) to cooperatively engage in the
establishment, operation and maintenance of a countywide public safety answering point and
communications center for law enforcement, fire, emergency medical services (EMS), and other public
safety services for the mutual benefit of all; and
WHEREAS, the Members desire to amend the Original JPA to:
1. rename the Dakota Communication Center as Dakota 911; and
2. provide for Dakota County funding for a portion of Dakota 911 fixed cost over an eight-year
period; and
WHEREAS, each Member represents that it is duly qualified and authorized to enter into this
Agreement and will comply with its respective obligations and responsibilities as set forth in this Agreement; and
NOW, THEREFORE, in consideration of the mutual undertaking and agreements hereinafter set forth,
the Members agree to amend and restate the Original JPA as follows:
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Amended Dakota 911 JPA
ARTICLE I
PURPOSE
Through this Agreement and the authority provided by Minnesota Statutes § 471.59 to act cooperatively, the Members hereby create a joint powers entity referred to as the Dakota 911 for the
following purposes:
To acquire and provide the facilities, infrastructure, hardware, software, services and other items
necessary and appropriate for the establishment, operation and maintenance of a joint law
enforcement, fire, EMS, and other emergency communications system for the mutual benefit of the
Members and the people of Dakota County;
To provide public safety communications system services to other governmental units that are not
Members through a fee for service contract;
To define the rights and obligations of the Members for the establishment, operation and
maintenance of the Dakota 911; and
To provide a forum for discussion, study, development and implementation of recommendations of
mutual interest regarding public safety communications, information systems, and statistical matters
within Dakota County, Minnesota.
ARTICLE II
TERM
This Agreement shall be effective upon execution by all the parties hereto and shall continue until
terminated as provided in Article XI.
ARTICLE III
POWERS
The Dakota 911 shall have the following powers in its own name:
A. To take actions necessary and convenient to discharge the duty to implement, maintain, and
operate a countywide public safety communications center;
B. To adopt bylaws and rules or policies consistent with this Agreement that are required to
effectively exercise the powers or accomplish the objectives of the Dakota 911;
C. To adopt an annual operating and capital budget, including a statement of sources of funding and
allocation of costs to the Members of the Dakota 911;
D. To enter into contracts in its own name, including contracts to provide public safety
communications services to other governmental units who are not Members;
E. To acquire, lease, hold and dispose of property, both real and personal, including transfer of
property from a Member to the Dakota 911;
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Amended Dakota 911 JPA
F. To incur debt obligations that do not exceed ten (10) years, liabilities or other obligations
necessary to accomplish its purposes that are consistent with any financial and debt policies
established by the Board of Directors, or to arrange with one or more of the Members to incur
debt or issue bonds for the benefit of the Dakota 911, as permitted by law;
G. To operate and maintain a communications system that will receive calls for law enforcement,
fire, and emergency medical services (EMS) services and dispatch field units in response to such calls;
H. To hire, discipline or discharge employees required to accomplish the purposes of this Agreement
including employing an Executive Director and delegating authority to the Executive Director as determined by the Board of Directors;
I. To purchase any insurance or indemnity or surety bonds as necessary to carry out this Agreement
and the purposes of the Dakota 911;
J. To seek, apply for and accept appropriations, grants, gifts, loans of money or other assistance as
permitted by law from any person or entity, whether public or private;
K. To sue;
L. To exercise all powers necessary and incidental to carrying out the purposes set forth in Article I
of this Agreement;
M. To charge fees to Members or other governmental entities for special services or communications
system functionality that are not provided to all Members; and
N. To incorporate the Dakota 911 as a Minnesota nonprofit corporation if approved by a majority of
the Board of Directors.
ARTICLE IV MEMBERSHIP
4.1 Definition of Members
All parties to this Agreement are Members of the Dakota 911 until a party withdraws as provided in Article XI or this Agreement is terminated by the parties.
4.2 Requirement of Good Standing
Continued Membership in the Dakota 911 shall be contingent upon the payment by each Member of
an annual assessment and any additional fees as determined by the Board of Directors consistent
with the financing procedures set forth in Article IX hereunder.
4.3 Addition of New Members
Any unit of government within Dakota County that has at least 10,000 residents and maintains a law
enforcement agency is eligible for Membership in the Dakota 911. A new Member may be added to
the Dakota 911 if first approved by the Board of Directors and if the existing Members and the unit of
government seeking membership execute an amendment to this Agreement to add the new Member.
The Executive Director will negotiate recommended financial terms for the new Member to join
Dakota 911 as described below and will present the proposed terms to the Board of Directors.
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Amended Dakota 911 JPA
Any unit of government that becomes a Member of the Dakota 911 after the execution of this
Agreement shall be subject to all existing debts and liabilities of the Dakota 911 on a proportionate
basis to the same extent as all then existing Members. In addition, any new Member shall be solely
liable for all costs of adding or modifying hardware, software or services necessary to effectively
accommodate the operational needs of the new Member, and of insuring that there is no degradation of existing capability due to the new Member's needs, as determined by the Board of Directors. Each
new Member shall pay a proportionate share of the normal, continuing operating expenses of the
Dakota 911 as well as a proportionate share of any special assessment, as approved from time to
time by the Members. An entity seeking to become a Member may be required to and shall pay one-time initiation, assessment or capital investment fees or establish an escrow account for such fees as
determined by the Board of Directors.
4.4 Withdrawal of Member
Withdrawal shall be accomplished as set forth in Article XII of this Agreement. Withdrawal shall not
discharge any liability incurred or chargeable to any Member before the effective date of withdrawal.
No Member is entitled to a refund of cost-sharing assessments or other fees imposed by the Board of
Directors that have been paid to, or is owed to, the Dakota 911 on the effective date of withdrawal.
ARTICLE V
BOARD OF DIRECTORS
5.1 Membership on the Board
There is hereby established a Board of Directors of the Dakota 911 which shall consist of an elected
official from each Member. These Directors shall serve without salary, but may be reimbursed for
expenses incurred in connection with Dakota 911 business as determined by the Board of Directors.
Each Member shall designate one named elected official as a Director consistent with the term and procedures set forth in the Bylaws adopted by the Board of Directors. Each Member may also
designate one named elected official as an Alternate Director to attend Board meetings and vote on
measures brought before the Board when a Director is absent, consistent with the procedures set
forth in the Bylaws. If any Director or Alternate Director ceases to be an elected official of a Member
during his or her term, such seat shall be vacant until a successor elected official is appointed by such
Member.
5.2 Powers of the Board
The Board of Directors shall have the following powers and duties:
a. provide policy leadership and approve the general policies of the Dakota 911 relating to
budget, finance, and legal matters;
b. contract with a Member or third party for auditing, financial, human resources, legal and other
services as needed for the Dakota 911;
c. adopt Board Bylaws and amend the Bylaws from time to time as it deems necessary;
d. approve changes to the membership of the Dakota 911;
e. approve contracting and purchasing policies for the Dakota 911;
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Amended Dakota 911 JPA
f. approve the annual operating and capital budget, cost allocation formula, Member fees and
assessments of the Dakota 911;
g. hire, discipline, terminate and set the compensation for the Executive Director; and
h. incur debt and approve financial obligations of the Dakota 911 that are significant in amount
and non-recurring. Board approval is not required for payment of monthly budgeted
expenditures and employee salaries and benefits.
i. incorporate the Dakota 911 as a Minnesota nonprofit corporation as permitted by Minnesota
Statutes § 465.717, subdivision 2, if approved by a majority of Members at a meeting of the
Board of Directors.
5.3 Voting by Directors
Each Member of the Dakota 911 shall have one seat on the Board of Directors and is entitled to one
vote. The Directors’ votes shall be non-weighted (all votes having the same weight) when voting on
matters coming before the Board, except as provided below.
The Directors’ votes shall be weighted when the Board is exercising its powers under Section 5.2 (f) and (h) of this Agreement. The comparative weight of each Director’s vote on those matters is
determined by the proportionate share of the Dakota 911 annual operating and capital budget for
that calendar year that is the responsibility of the Member casting that vote.
The Board of Directors shall arrange for or contract with one or more of its Members or an
independent contractor to provide personnel/human resource, accounting and finance,
procurement/contracting, payroll administration and legal services for the Dakota 911 . The Dakota 911 shall not create its own personnel/human resource, accounting and finance,
procurement/contracting, payroll administration or legal departments unless approved by a four-fifths
(4/5) majority of the Board of Directors by non-weighted votes.
After the first full year that the Dakota 911 is in operation, the Board of Directors may amend the cost
allocation formula and associated definitions by a 2/3 majority of the weighted vote total of those
Members present and voting at a properly noticed Board of Directors meeting.
In case of a tie vote, the Chair of the Board of Directors shall cast a second and deciding vote. No
proxy votes or absentee voting shall be permitted except as provided in this Agreement or in the
Bylaws of the Board.
5.4 Board Meetings
a. The Board of Directors shall have regular meetings at least quarterly each calendar year at a
date, time and location included in the meeting notices. The Board may schedule more
regular meetings as it deems appropriate or as established by the Bylaws adopted by the
Board. At least 30 days prior notice shall be provided to each Member, Director and Alternate Director of the date, time and location of such regular meetings.
b. A special meeting of the Board of Directors may be called by its Chair, or by any four Directors
of the Board consistent with the procedures set forth in the Bylaws.
5.5 Officers of the Board of Directors
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Amended Dakota 911 JPA
a. Officers of the Board of Directors shall consist of a Chair and Vice Chair. The Chair and Vice
Chair shall be elected from among the Directors of the Dakota 911. The officers shall hold
office for the terms and under the conditions set forth in the Bylaws adopted by the Board of
Directors.
b. Chair: The Chair of the Board shall Conduct meetings of the Board of Directors, sign, with the Executive Director, any instrument which the Board of Directors has authorized to be
executed, or as authorized by the Bylaws or approved Dakota 911 procedural rules of
operation, and perform all duties incident to the office of Chair and such other duties as may
be prescribed by the Board of Directors from time to time, provided that such actions are consistent with this Agreement and the Bylaws.
c. Vice Chair: In the event of the absence of the Chair, or in the event of the inability or refusal
of the Chair to act, the Vice Chair of the Board shall perform the duties of Chair.
5.6 Secretary of the Board of Directors: The Executive Director of the Dakota 911 shall serve in
the administrative role of Secretary to the Board and shall keep the minutes of the meetings of
the Board of Directors, see that all notices are duly provided and/or published in accordance with
the provisions of this Agreement and the Bylaws adopted by the Board of Directors or as
otherwise required by law, act as custodian of the business records of the Dakota 911, and
perform all duties incident to the office of Secretary and such other duties as from time to time
may be assigned by the Board of Directors.
A high-level outline of the governing organizational structure of the Dakota 911 is graphically
represented in Attachment A.
ARTICLE VI EXECUTIVE COMMITTEE
6.1 Membership on the Executive Committee
There is hereby established an Executive Committee of the Dakota 911, the members of which shall
serve without salary and shall oversee the operations and functions of the Dakota 911 as set forth in
this Article and the Bylaws of the Committee. The Executive Committee shall consist of the chief
administrators of each Member. Each Member shall have one seat on the Executive Committee.
Each Member may also designate a second employee or staff person as an alternate representative to attend Committee meetings and vote, on behalf of such Member, on matters brought before the
Committee when a representative is absent, consistent with the procedures set forth in the Bylaws.
Each representative and alternate representative shall serve without salary, but each may be
reimbursed for necessary expenses incurred in connection with the Dakota 911 business, as determined by the Board of Directors. If any Committee representative ceases to be the chief
administrator of a Member, such seat may be occupied by the alternate representative until a
successor chief administrator or interim chief administrator is appointed by such Member.
6.2 Purpose and Powers of the Committee
The Executive Committee shall have the following powers and duties:
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Amended Dakota 911 JPA
a. provide direction and oversight of the operations of the Dakota 911, subject to the policy
direction established by the Board of Directors, and within the limits fixed by the operating
and capital budgets, provided that no financial obligation exceeding the amount of the
approved budget shall be incurred by the Executive Committee without the prior consent
of the Board of Directors;
b. carry out the policy decisions of the Board of Directors and make recommendations to the Board of Directors;
c. adopt Committee Bylaws and amend the Bylaws from time to time as it deems necessary;
d. review all administrative decisions concerning personnel, development efforts, operations,
cost sharing, expenditure approval, utilization of personnel and equipment, and operational decisions made by the Executive Director as deemed necessary by the
Committee;
e. assist the Board of Directors in the recruitment of candidates for the position of Executive
Director and the review of candidate qualifications and provide recommendations to the
Board of Directors on the hiring, termination and review of the performance of the
Executive Director;
f. conduct an annual evaluation of the Executive Director's performance and present its
findings and recommendations to the Board of Directors before the date the Board
approves the annual operating and capital budgets;
g. establish and assign tasks to advisory subcommittees as the Committee deems necessary;
h. make recommendations to the Board of Directors on changes to the membership of the
Dakota 911;
i. Review, modify and approve to the proposed annual operating and capital budgets
prepared by the Executive Director prior to submittal to the Board of Directors.
6.3 Voting by Committee Members
Each Member is entitled to one vote at committee meetings and each vote shall be non-weighted
(each vote having equal weight). In the case of a tie, the Chair of the Executive Committee shall cast
a second and deciding vote. Only the chief administrator, or the designated alternate representative
of a Member in the absence of the chief administrator, shall vote on matters coming before the Executive Committee.
No proxy votes or absentee voting shall be permitted except as provided in this Agreement or in the
Bylaws of the Committee.
6.4 Meetings
a. Regular meetings of the Executive Committee shall be held as needed, but at least quarterly.
At least 15 days prior notice shall be provided to each committee member of the date, time
and location of such meetings.
b. Special meetings of the Executive Committee may be called by its Chair, or any four members
of the Executive Committee acting in concert, consistent with the procedures set forth in the
Bylaws or operating procedures adopted by the Committee.
6.5 Officers of the Executive Committee
Officers of the Executive Committee shall consist of a Chair and a Vice Chair. The Chair and Vice
Chair shall be elected from among the representatives of the Members serving on the Executive
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Amended Dakota 911 JPA
Committee. The officers shall hold office for the terms and under the conditions set forth in the
Bylaws adopted by the Executive Committee.
a. Chair. The Chair shall conduct meetings of the Executive Committee and shall serve as the
liaison between the Board of Directors and the Executive Committee. The Chair may sign,
with the Executive Director, any instruments which the Executive Committee, acting as a Committee, has authorized to be executed or as authorized by the Dakota 911 procedural
rules of operation. The Chair shall also perform all duties incident to the office of Chair and
such other duties as may be prescribed by the Executive Committee from time to time,
provided that such actions are consistent with this Agreement and the Bylaws.
b. Vice Chair. In the absence of the Chair or in the event of the Chair's inability or refusal to
act, the Vice Chair shall perform the duties of Chair. The Vice Chair shall perform such other
duties as may be requested by the Chair.
ARTICLE VII
EXECUTIVE DIRECTOR
7.1 Appointment and Vacancy
a. The Dakota 911 shall have a chief operating officer of the title Executive Director. The
Executive Director shall be the administrative head of the Dakota 911 and shall report to the
Executive Committee for the administration and operation of the Dakota 911. The Executive
Director shall be an employee of the Dakota 911.
b. The Executive Director shall have appropriate administrative and executive qualifications for
the position and shall have actual experience in and knowledge of accepted practices for a
public safety communications system.
c. Any vacancy in the office of Executive Director shall be filled as soon as possible after the
effective date of such vacancy. In the case of absence or disability of the Executive Director, the Board of Directors may designate any other qualified person to carry out the duties of the
Executive Director during such absence or disability.
7.2 Powers And Duties
The responsibilities and duties of the Executive Director shall include the following:
a. To attend meetings of the Board of Directors, the Executive Committee and the Operations Committee;
(1) The Executive Director shall have the right to take part in the discussion of all matters
coming before the Board of Directors, the Executive Committee and the Operations
Committee but shall have no vote thereon;
(2) The Executive Director shall be entitled to and be given notice of all meetings, regular
and special, of the Board of Directors, the Executive Committee and the Operations
Committee;
(3) When the Executive Director is unable to attend a meeting, the Executive Director may
appoint a Dakota 911 staff member to attend.
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b. To appoint, evaluate, promote, demote or remove employees of the Dakota 911 pursuant
to the approved Dakota 911 budget and according to the policies and procedures of the
Dakota 911;
c. To recommend to the Executive Committee for adoption such policies and procedures as
may be deemed necessary or expedient for the efficient operation of the Dakota 911:
d. To direct and oversee the day-to-day operations of the Dakota 911 and its employees and to expend operating and capital budgets consistent with the policies and direction of the
Board of Directors;
e. To enforce, administer, and implement the policies of the Dakota 911 as established by the
Board of Directors and Executive Committee;
f. To prepare a quarterly report of the Dakota 911 activities and provide copies to the Board of
Directors and the Executive Committee;
g. To prepare a proposed annual operating and capital budget and a report of estimated
revenues in order to determine the estimated funds necessary to defray the expenses of
the Dakota 911 for each fiscal year and to present the proposed operating and capital
budget to the Executive Committee in the manner set forth under Article IX herein;
h. To serve as a staff resource to the Executive Committee and the Operations Committee and coordinate the activities of the respective committees as required;
i. To serve as a Member of regional committees, organizations and forums related to public
safety communications and represent the collective interests of the Dakota 911 and its
Members as required;
j. To communicate regularly with the Members and other agencies utilizing the Dakota 911
communication services about operational, policy and training issues;
k. To keep minutes of the meetings of the Board of Directors, Executive Committee, and
Operations Committee and see that all notices of the Board and Committee are duly
provided and/or published according to the provisions of this Agreement and the Bylaws
adopted by the Board, Executive Committee and Operations Committee or as otherwise
required by law;
l. To act as custodian of the business records of the Dakota 911; and
m. To perform such other duties as may be delegated from time to time by the Board of
Directors or by the Executive Committee.
ARTICLE VIII
OPERATIONS COMMITTEE
8.1 Membership on the Operations Committee
Each law enforcement agency and fire agency of a Member of the Dakota 911 and the Dakota County
Joint EMS Council shall have one seat on the Operations Committee. Each law enforcement agency,
fire agency and the Dakota County EMS Council shall designate a primary member and an alternate member to the Committee. Each law enforcement agency and fire agency of a community that is
served by the Dakota 911 but is not a Member of the Dakota 911 may participate in the Operations
Committee as a non-voting, ad-hoc member. The Executive Director shall provide staff support to the
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Operations Committee and its subcommittees and shall provide information and guidance to the
Committee and subcommittees as needed.
8.2 Purpose and Powers of the Committee\
There is hereby established an Operations Committee of the Dakota 911. The Operations Committee may establish and abolish advisory subcommittees, as it deems necessary. Initially, the Committee
will have two subcommittees – the Law Enforcement Subcommittee and the Fire/EMS Subcommittee.
The Members of the Operations Committee and its subcommittees shall serve without compensation
and shall be available to the Dakota 911 Executive Director and Executive Committee to assist in the coordination of:
• Unified radio procedures;
• Dakota 911 procedural changes that affect one or more Members of the Dakota 911;
• Field training and back up exercises;
• Dakota 911 and Members’ records management functions;
• The orderly transmittal of inquiries regarding the handling of specific matters by the
Dakota 911.
• Obtaining and preparing recommendations concerning operational input from the
Executive Director of the Dakota 911 and the Members’ public safety departments
The Operations Committee shall have the following powers and duties:
a. Be the personal contact at each Member's law enforcement or fire/EMS department for the
Executive Director for daily procedural and operational issues;
b. Provide liaison to the Dakota 911 Executive Director in the coordination and preparation of
unified procedures and policies;
c. Be a resource for the Executive Committee in researching special topics of interest;
d. Forward comments and inquiries on the operation of the Dakota 911 from their respective
agencies to the Executive Director after initial local review and screening;
f. Coordinate field training and back-up exercises;
g. Perform any other duties as required by the Executive Committee.
8.3 Voting by Committee Members
It is expected that decisions and recommendations of the Operations Committee shall be made by
consensus, but where consensus does not exist, the following procedure shall apply:
a. Each Member of the Dakota 911 shall have a maximum of two votes on the Operations
Committee – one from the law enforcement agency and one from the fire agency of that
Member. A Member that operates a joint law enforcement or fire agency with another
Member shall continue to have a voting seat on the Operations Committee for each joint
agency. A Member that has only a law enforcement agency or fire agency is entitled to
one vote. The Dakota County EMS Council shall have one vote on the Operations
Committee. Votes shall be cast by the representative of each agency (or by his/her designated alternate, if such representative is absent) as the official representative to the
Operations Committee.
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b. No proxy votes or absentee voting shall be permitted except as otherwise provided in the
Bylaws of the Executive Committee.
c. Membership and voting on subcommittees established by the Operations Committee shall
be as required by the Bylaws of the Committee or the resolution of the Committee that
establishes the subcommittee. Each Member that maintains a law enforcement agency
individually or jointly with another Member shall have one representative and one vote on the Law Enforcement Subcommittee. Each Member that maintains a fire agency
individually or jointly with another Member shall have one representative and one vote on
the fire agency Subcommittee.
8.4 Meetings and Actions
The Operations Committee shall meet at least six times each year and may schedule additional
meetings as deemed necessary and appropriate by the Membership. The meetings will be conducted
in compliance with any direction provided to the Committee by the Executive Committee, subject to
the policies established by the Board of Directors and the Executive Committee. Except as otherwise
stated in the Bylaws, no action of the Operations Committee or its subcommittees shall be in effect
until approved or ratified by the Executive Committee or, if deemed necessary by the Executive
Committee, until approved or ratified by the Board of Directors.
Any law enforcement, fire or EMS agency that receives dispatch services from the Dakota 911 may
appear before the Operations Committee or its subcommittees to discuss concerns, complaints or
other operational issues concerning the Dakota 911. If the agency is not satisfied with the action or
lack of action taken by the Operations Committee, that agency may appear before the Executive
Committee to discuss the actions or policies of concern. Prior to appearing before the Executive Committee, the agency shall meet and confer with the Executive Director about the issues to be
discussed with the Executive Committee.
ARTICLE IX BUDGET
9.1 Recommended Annual Budget
The Executive Director shall prepare a proposed annual operating and capital budget for the
Executive Committee no later than May 1st of each year to allow the Executive Committee members
to consult with their respective governing bodies and prepare a recommended annual operating and
capital budget for consideration by the Board of Directors. An annual operating and capital budget shall be adopted by the Board of Directors at a regular meeting before September 1st each year. If
the Board fails to adopt a budget by September 1st, the budget from the current year shall be deemed
approved for the next year. This requirement to adopt a budget at a regular meeting of the Board by
September 1st does not apply to the calendar year in which this Agreement is first executed.
9.2 Distribution of Recommended Budget
No later than May 1st, copies of the proposed operating and capital budget as recommended by the
Executive Director shall be delivered to each Executive Committee Member.
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9.3. Review by Executive Committee
Not later than August 1st of each year, the Executive Committee shall review the annual operating and
capital budget as proposed by the Executive Director and make such modifications, as it deems
proper. Following approval by the Executive Committee, the proposed operating and capital budget
shall be submitted to the Board of Directors for final approval.
9.4 Allocation of Costs to Members
The cost of the operations and maintenance, and capital projects of the Dakota 911 will be shared by
the Members. At the time of approval of the annual operating and capital budget, the Board of Directors shall fix the cost-sharing charges for all Members and any other participants in the Dakota
911 in amounts sufficient to provide the funds required by the approved annual operating and capital
budget for the following year. Each Member shall take all required actions to authorize the funds
necessary to meet its obligations under the approved annual operating and capital budget.
The allocation of annual operating and capital budget costs to Members shall be based on a three-
year average of each Member’s number of Computer Aided Dispatch (CAD) events assigned to each
Member (referred to as “Percent of Total Activity of the Member”). An event is defined as a computer
aided dispatching system (CAD) event (transaction as logged). The calculation of the annual
operating and capital cost allocation will be based on the formulas in Attachment B, which is
incorporated into and made a part of this Agreement.
Beginning with budget year 2022, Dakota County will cover the “fixed costs” of the Dakota 911 in the
following amount:
2022: 16.667%
2023: 33.333%
2024 and subsequent years: 50.000%
“Fixed costs” shall be determined by the Dakota 911 Executive Director pursuant to the following
principles:
1. Consistent with the fixed and variable cost determinations in the Dakota 911 2022 budget.
See Attachment C;
2. Fixed costs are generally expenses needed by any emergency communications center
regardless of the volume of service provided by that center to a member, except personnel
related costs, professional services, commodities, non-software related fiscal expenses are
deemed to be variable costs; and
3. For budget years 2022 to 2024, there shall be no budgeted contributions to the Dakota 911
capital project fund for its capital improvement plan (the “Capital Project Fund”). Member
contributions to the Capital Project Fund will be evaluated beginning with the 2025 budget,
together with determining the portion of the Capital Project Fund to be considered a “fixed
cost”.
Dakota County will evaluate increasing its share of fixed costs for 2025 and subsequent years to more than 50% and up to potentially 100%. Any amendment of the fixed costs share is subject to
approval by the Members pursuant to Paragraph 16.6.
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9.5 Billing and Delinquent Payments
Invoices for the cost-sharing charges shall be provided to Members monthly. Any Member whose
charges have not been paid within thirty (30) days after billing shall be assessed interest on the
delinquent payment(s) at a rate determined by the Board of Directors, not to exceed the maximum
authorized by law at the time the payment becomes delinquent. The Directors and representatives of a Member that is delinquent on such payment shall not be entitled to vote on any matters coming
before the Board of Directors or the Executive Committee until all delinquent payments and interest
have been paid.
9.6 Expenditure of the Annual Budget.
The Board of Directors and/or the Executive Committee may establish procedures and limitations as
may be necessary to preserve the integrity and purpose of the approved operating and capital
budget. After adoption of the annual operating and capital budget by the Board of Directors, the
Executive Director and the Executive Committee shall make all expenditures according to such
budget. Purchases and/or letting contracts shall be done according to procedural guidelines
established by resolution of the Board of Directors and Minnesota law.
The Executive Director shall have the power to transfer funds within the total annual operating
budget in order to meet unanticipated needs or changed situations. The Executive Director shall not
transfer funds within the total annual capital budget or between the operating budget and capital
budget. The Executive Director shall report any transfer of funds within the annual operating budget
to the Board of Directors and the Executive Committee in the Director's next quarterly report.
9.7 Credit or Payment to Members for Services
The Board of Directors may approve contract payments or cost-allocation credits to any Member that
provides services, resources or property to the Dakota 911.
ARTICLE X AUDIT
The Board of Directors shall call for an annual audit of the financial affairs of the Dakota 911, to be
performed by an independent Certified Public Accountant retained by the Board in accordance with
generally accepted auditing principles. A copy of the annual audit report shall be provided to each Member.
ARTICLE XI TERMINATION AND DISSOLUTION
11.1 Termination. This Agreement shall terminate upon the occurrence of any one of the following events:
a. When 4/5ths of the Members agree by non-weighted voting, pursuant to a resolution of their
governing bodies, to terminate the Agreement.
b. When necessitated by operation of law or as a result of a decision by a court of competent
jurisdiction.
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11.2 Effect of Termination. Upon the occurrence of one or more of the events in Section 11.1, the Dakota 911 shall be terminated and dissolved in accord with the provisions hereof. a. Termination shall not discharge any liability incurred by the Board or by the Members during the term of this Agreement.
b. Each Member shall be liable for its own acts and for the acts of the Board to the extent
provided by law and this Agreement.
c. Property that is owned by the Dakota 911 at the time of termination, including any surplus
money, shall be divided among the units of government that are Members of the Dakota 911
at the time of termination, in proportion to their average respective regular and special
assessment payments toward the operating and capital budgets for the preceding three (3)
fiscal years. If liabilities exceed all assets, the difference shall be made up by contributions
from all Members on a proportionate basis according to the then prevailing annual budget
assessment formula.
d. The Board shall approve a final report of its activities and affairs prior to dissolution of the Dakota 911.
e. Upon such termination and dissolution, and after payment of all debts, all files and
documentation shall be distributed to the Member community that has jurisdiction of the
subject matter of the file or documentation without charge or offset. Records of the Dakota
911 shall be retained by the County of Dakota consistent with its current document retention
schedules.
f. Equipment and property that is owned by an individual Member or Members that is being used
by the Dakota 911 at the time of termination shall be returned to the owner(s) upon
termination and dissolution of the Dakota 911.
ARTICLE XII WITHDRAWAL OF A MEMBER
At any time after the Initial Term of this Agreement, any Member may withdraw from the Dakota 911
subject to the provisions of this Article.
a. Such withdrawing Member shall give written notice before July 1st of any year and at least 18
months prior to the intended date of withdrawal, in the form of a certified copy of a resolution
passed by its governing body, a copy of which must be mailed or delivered to the Executive
Director of the Dakota 911 and the Chairs of the Executive Committee and Board of Directors.
b. Sixty (60) days notice provided by the Executive Director or the Board of Directors to any
Member of its nonpayment of cost allocation fees as set forth herein, and/or the refusal or
declination of any Member to be bound by any obligation of the Dakota 911, shall also
constitute notice of withdrawal of such Member, and if the Member fails to cure nonpayment
or refuses to comply with an obligation within the Sixty days (60), withdrawal of that Member
from the Dakota 911 shall become effective on the Sixty First day after mailing of said notice.
The Force Majeure provisions of Article XV apply to a non-payment of charges and fees and
the refusal or declination of a Member to act.
c. Withdrawal of a Member shall also constitute withdrawal of its representatives to the Board of
Directors, the Executive Committee and the Operations Committee and subcommittees.
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d. The withdrawing Member shall forfeit any and all interest, right and title to Dakota 911
property and assets of any type whatsoever.
e. The withdrawing Member shall be liable for all costs incurred by the Dakota 911as a result of
the Member's separation and withdrawal. This may include, but is not necessarily limited to,
legal fees, court costs and interest-on late payment of obligations.
f. The withdrawing Member shall continue to be responsible for:
1. One hundred (100%) percent of that Member’s pro rata share of the operating costs of the
Dakota 911 that are incurred up to the date of withdrawal, and One hundred (100%)
percent of that Member’s pro rata share of any capital debts, liabilities or obligations of the
Dakota 911 that were incurred prior to the date of providing notice of intent to withdraw and are due and payable before the effective date of withdrawal.
2. For any contractual obligations it has separately entered into with the Dakota 911.
ARTICLE XIII
INSURANCE AND INDEMNIFICATION
13.1 Insurance and Limitations on Liability
The Dakota 911 shall purchase insurance for the operation, equipment and facilities of the Dakota
911 and workers compensation insurance for Dakota 911 employees, as the Board of Directors or
Executive Committee deems necessary. Such insurance shall name each Member as an additional
insured, and may name other entities that purchase communications services from the Dakota 911 as
additional insureds if deemed appropriate. By purchasing insurance the Members do not intend to
waive, and shall not be interpreted to constitute a waiver by any Member of limitations on liability or
immunities provided by any applicable Minnesota law, including Minnesota Statutes, Chapter 466.
If the Dakota 911 incurs a legal liability that is not covered by insurance, is within its statutory liability
limitations and to which no liability exemption or immunity applies, that liability shall be paid by
contributions from all Members on a proportionate basis according to the then prevailing annual operating budget assessment formula. If the Board of Directors incorporates the Dakota 911 as a
nonprofit corporation, the Members shall collectively be responsible for any liability not covered by
insurance only to the extent required by law.
13.2 Third Party Action Against a Member
Each Member that is subject to a claim of any nature commenced by a person or entity that is not a
Member of the Dakota 911, which arises as a consequence of the acts or omissions of such Member's
personnel in responding to, or providing emergency services pursuant to a dispatch by the Dakota
911 shall, at such Member's sole expense, indemnify and save free and harmless any other Member,
and its officers, employees and agents from any cost, expense, attorney fees, judgment or liability of
any nature when any other Member is subject to the same claim solely as a consequence of such
other Member being a Member of the Dakota 911.
13.3 Third Party Action Against the Dakota 911
In the event the Dakota 911 and/or its Directors, officers, employees and agents are subject to a
claim of any nature which arises as a consequence of the acts or omissions of Member's personnel in
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responding to or providing emergency services pursuant to a dispatch by the Dakota 911 , such
Member shall at its sole expense, indemnify and save free and harmless from any cost, expense,
attorney fees, judgments or liability of any nature the Dakota 911 and/or its officers, Directors
employees and agents unless it is determined that the officers, Directors, employees and/or agents of
the Dakota 911 acted in a negligent or intentionally wrongful manner in connection with dispatching
the personnel of the Member.
13.4 Member Action Against the Dakota 911
In the event that any Member should file suit or an action against the Dakota 911, all representatives of that Member shall be prohibited from attending any meetings or discussions or having access to
the results of such meetings related to the defense of the suit or action. The Member's
representatives shall have no direct access to any written communication concerning the matter
except by legal process, and no representative of the Member shall be allowed to vote on any issue
related to the suit or action.
ARTICLE XIV RESOLUTION OF DISPUTES
The Members agree to engage in good faith efforts to resolve any disputes that arise over the
establishment, operation or maintenance of the Dakota 911. Members that have concerns about the
operations of the Dakota 911 may appear at meetings of the Operations Committee, Executive
Committee and Board of Directors to discuss issues of concern.
ARTICLE XV FORCE MAJEURE
A Member shall not be liable to the Dakota 911 or another Member for the failure to perform an
obligation under this Agreement due to unforeseeable acts or events outside the defaulting party's
reasonable control, providing the defaulting Member gives notice to the Board of Directors and Executive Committee as soon as possible. Acts and events may include acts of God, acts of terrorism,
war, fire, flood, epidemic, acts of civil or military authority, and natural disasters.
ARTICLE XVI
MISCELLANEOUS PROVISIONS
16.1 Entire Agreement: This Agreement shall supersede all prior oral or written statements,
agreements and understandings between or among the parties hereto with respect to the
establishment and operation of a county-wide public safety communications center.
16.2 Attorneys’ Fees: In the event of litigation relating to this Agreement, the prevailing party (e.g.
the party whose position is substantially upheld) shall be entitled to recover from the losing party any costs or reasonable attorney's fees incurred by the prevailing party in connection
with such litigation.
16.3 Severability: If any provision of this Agreement shall be held to be invalid by a court of
competent jurisdiction, the remaining terms of this Agreement to the extent not inconsistent
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with any such holding, shall not be affected thereby if such remaining terms would then
continue to conform with the requirements of applicable laws.
16.4 Counterparts: This Agreement may be executed in one or more counterparts, each of which
shall be deemed to be an original, but all of which together shall be deemed to constitute one
and the same agreement.
16.5 Waiver: Any right or remedy that a party may have under this Agreement may be waived in
writing by such party without the execution of a new or supplementary agreement, but any
such waiver shall not affect the future exercise of the rights of such party hereunder (to the extent not previously waived in writing) or any other rights of the parties not specifically
waived. No waiver of any right or remedy by any party at any one time shall be deemed to be
a waiver of any such right or remedy in the future.
16.6 Amendments, Modifications: This Agreement may be amended or modified only by a written
document, duly executed by all Members of the Dakota 911 on the date the amendment is
executed.
16.7 Section Headings: The descriptive headings of the articles, sections and subsections of this
Agreement are for convenience only and shall not affect the meaning or construction of any of
the provisions hereof.
16.8 Governing Law: The respective rights, obligations and remedies of the parties under this
Agreement and the interpretation thereof shall be governed by the laws of the State of
Minnesota which pertain to agreements made and to be performed in the State of Minnesota.
16.9 Binding Effect: This Agreement shall be binding upon and shall inure to the benefit of the
parties hereto.
16.10 Further Assurances: Each party hereto shall from time to time execute, acknowledge and
deliver such further instruments and perform such additional acts at no cost to such party as
the other party may reasonably request to further effectuate or confirm the intent of this
Agreement.
16.11 Good Faith: In exercising its rights and fulfilling its obligations hereunder, each party shall act
in good faith. Each party acknowledges that this Agreement contemplates cooperation between and among the parties.
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IN WITNESS WHEREOF, the undersigned governmental units, by action of their governing
bodies, have caused this Agreement to be executed in accordance with the authority of Minnesota
Statute §471.59.
Approved by the City Council CITY OF APPLE VALLEY
Date ____________________ By
Date of Signature
Attest
Date of Signature
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Approved by the City Council CITY OF BURNSVILLE
Date ____________________ By
Date of Signature
Attest Date of Signature
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Approved by the City Council CITY OF EAGAN
Date ____________________ By
Date of Signature
Attest Date of Signature
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Approved by the City Council CITY OF FARMINGTON
Date ____________________ By
Date of Signature
Attest Date of Signature
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Approved by the City Council CITY OF HASTINGS
Date ____________________ By
Date of Signature
Attest
Date of Signature
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Approved by the City Council CITY OF INVER GROVE HEIGHTS
Date ____________________ By
Date of Signature
Attest Date of Signature
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Approved by the City Council CITY OF LAKEVILLE
Date ____________________ By
Date of Signature
Attest Date of Signature
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Approved by the City Council CITY OF MENDOTA HEIGHTS
Date ____________________ By
Date of Signature
Attest Date of Signature
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Approved by the City Council CITY OF ROSEMOUNT
Date ____________________ By
Date of Signature
Attest Date of Signature
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Approved by the City Council CITY OF SOUTH ST. PAUL
Date ____________________ By
Date of Signature
Attest Date of Signature
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Approved by the City Council CITY OF WEST ST. PAUL
Date ____________________ By
Date of Signature
Attest Date of Signature
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Approved by Dakota County Board COUNTY OF DAKOTA
Resolution No. _______________ By
Date of Signature
Dakota County Attorney’s Office Approved as to Form (Asst County Atty):
Dakota County Judicial Center
1560 Highway 55 By
Hastings, MN 55033 Date of Signature 651-438-4438 KS-20-479
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Attachment A: Dakota Communications Center Joint Powers Agreement
Organizational Structure
City
Councils
County
Board
Board of Directors
(Elected Officials with voting as per Section
5.3)
Executive Committee
(Chief Administrators Officers or PD/FD Chiefs of
Member Jurisdictions with voting per Section 6.3)
Executive Director Emergency Communications
(Staff Resource to the Executive Committee)
PSAP Staff
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Attachment B
Table 1 – County Annual Share of Operating Costs Calculation with County Fixed Cost Contribution
*Variable Costs = Total Operating Costs – Fixed Costs
**Fixed Costs = Line items determined to be fixed costs less any revenue from Mass Telephone Notification System fees and ½ of any 911
grant fees received from the State of Minnesota.
For 2022: Annual Share of Operating Costs = [Variable Costs x County’s Percent of Total Activity for Member] + [Fixed Costs x
16.667%]+[County’s Percent of Total Activity for Member x 83.333% of fixed costs]
For 2023: Annual Share of Operating Costs = [Variable Costs x Percent of Total Activity for Member] + [Fixed Costs x 33.333%]+[County’s Percent of Total Activity for Member x 66.667% of fixed costs]
For 2024 and subsequent years: Annual Share of Operating Costs = [Variable Costs x Percent of Total Activity for Member] + [Fixed Costs x 50.000%]+[County’s Percent of Total Activity for Member x 50% of fixed costs]
Table 2 – Non-County Member Annual Share of Operating Costs Calculation *Variable Costs = Total Operating Costs – Fixed Costs
**Fixed Costs = Line items determined to be fixed costs less any revenue from Mass Telephone Notification System fees and ½ of any 911
grant fees received from the State of Minnesota.
*** Non-County Member Fixed Cost Share = Percent of Total Activity of the Member calculated by excluding the County from the
calculation.
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For 2022:
Annual Share of Operating Costs = [Variable Costs x Percent of Total Activity for Member] + [Percent of Total Activity for the Member x 83.334% of Fixed Costs]] For 2023:
Annual Share of Operating Costs = [Variable Costs x Percent of Total Activity for Member] + [Percent of Total Activity for the Member x
66.667% of Fixed Costs] For 2024 and subsequent years: Annual Share of Operating Costs = [Variable Costs x Percent of Total Activity for Member] + [Percent of Total Activity for the Member x
50% of Fixed Costs]
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ATTACHMENT C 2022 DAKOTA 911 GENERAL FUND BUDGET – DETAIL FOR VARIABLE AND FIXED COSTS CALCULATIONS
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Fund Balance Percentage 18.12% 24.68% 10.75% 17.89% 12.47% 9.95% 9.62% 10.37% 11.32%
Fixed
Object 2019 2020 2021 2021 2022 VS 2023 2024 2025 2026
Codes Actual Actual Adopted Estimate Proposed Variable Estimate Estimate Estimate Estimate
L Revenues 0.0% 3.5% 5.0% 4.0% 3.0%
F JPA Membership Fees (NET) 8,686,572 8,860,307 8,708,886 8,708,886 8,708,886 - 0.0%9,013,697 9,464,382 9,842,957 10,138,246
F JPA Membership Fees - REBATED - - - - - 0.0%- - - -
F Annual 911 Fees (Estimated) 581,696 581,696 581,696 581,696 842,961 261,265 44.9%842,961 842,961 842,961 842,961
F Dakota County - Startup Subsidy - 0.0%- - -
F Mass notification system fees-MTNS Partnership 18,000 18,000 18,000 18,000 18,000 - 0.0%18,000 18,000 18,000 18,000
F Interest on Investments 63,096 51,931 38,627 38,627 49,086 10,459 27.1%49,945 50,819 51,709 52,614
F Net change in fair value of investment 78,677 49,606 (13,577) (34,282) (31,334) -8.6%(4,354) 23,323 4,121 (7,697)
F Grant income 16,649 161,857 18,000 186,180 18,000 (168,180) -90.3%10,000 10,250 10,506 10,769
F Miscellaneous income 1,613 20,242 1,613 1,613 1,613 - 0.0%1,613 1,613 1,613 1,613
F LMCIT rebate/refunds 1,752 7,406 1,500 1,500 1,500 - 0.0%1,538 1,576 1,615 1,655
F Transfer from Special Revenue Fund - - - 0.0%- - - -
- - - - - - 0.0%- - - -
Total revenues 9,448,055 9,751,045 9,354,745 9,502,220 9,608,713 106,493 1.1%9,933,400 10,412,924 10,773,482 11,058,160
L Personnel Expenses
6012 Salaries 4,388,212 4,636,831 5,117,887 5,015,865 5,253,708 Variable 237,843 4.7%5,538,834 5,677,305 5,819,238 5,964,719
6015 OT 590,450 381,485 412,975 423,134 435,828 Variable 12,694 3.0%448,902 460,125 471,628 483,419
6041 PERA 368,321 372,218 414,637 407,747 427,667 Variable 19,920 4.9%451,013 462,288 473,845 485,691
6044 FICA/Medicare 366,589 366,017 423,111 416,083 436,221 Variable 20,137 4.8%460,033 471,534 483,322 495,405
6051 Health Ins 648,347 689,604 764,660 762,279 771,061 Variable 8,782 1.2%920,026 943,027 966,603 990,768
6052 Life Ins 2,088 1,797 2,327 1,848 1,954 Variable 106 5.7%2,043 2,095 2,147 2,201
6053 LTD 11,817 10,662 11,686 10,781 11,411 Variable 630 5.8%11,930 12,228 12,534 12,847
6054 Dental 31,773 32,537 31,125 29,744 32,894 Variable 3,150 10.6%35,370 36,255 37,161 38,090
6055 Workers' Comp 27,931 36,666 32,200 44,553 49,584 Variable 5,031 11.3%54,792 56,162 57,566 59,005
General Fund Budget - Detail
2021 Estimate
(Decrease)
Increase/
vs. 2022 Proposed
Page 1
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Fund Balance Percentage 18.12% 24.68% 10.75% 17.89% 12.47% 9.95% 9.62% 10.37% 11.32%
Fixed
Object 2019 2020 2021 2021 2022 VS 2023 2024 2025 2026
Codes Actual Actual Adopted Estimate Proposed Variable Estimate Estimate Estimate Estimate
General Fund Budget - Detail
2021 Estimate
(Decrease)
Increase/
vs. 2022 Proposed
6056 Unemployment/other 1,534 1,740 - - - Variable - 0.0%- - - -
Fund balance - - - Variable - 0.0%
6058 Contingency - - - - - Variable - 0.0%- - - -
Variable - 0.0%
F Total personnel costs 6,437,062 6,529,557 7,210,608 7,112,033 7,420,328 308,295 4.3%7,922,945 8,121,019 8,324,044 8,532,145
Page 2
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Fund Balance Percentage 18.12% 24.68% 10.75% 17.89% 12.47% 9.95% 9.62% 10.37% 11.32%
Fixed
Object 2019 2020 2021 2021 2022 VS 2023 2024 2025 2026
Codes Actual Actual Adopted Estimate Proposed Variable Estimate Estimate Estimate Estimate
General Fund Budget - Detail
2021 Estimate
(Decrease)
Increase/
vs. 2022 Proposed
Commodities - - - -
6120 Operating Supplies
J Paper (printer, letterhead & envelopes)690 495 1,000 1,000 1,000 Variable - 0.0%1,020 1,040 1,061 1,082
J Employee Recognition (NTW, including DOTY Jacket &
retirements)822 2,075 2,200 2,200 2,200 Variable - 0.0%2,244 2,289 2,335 2,382
J Furniture/Misc Appliances 964 2,000 2,000 2,000 Variable - 0.0%2,040 2,101 2,164 2,229
Cleaning Supplies - - - 1,404 1,446 Variable 1,446 1,489 1,534 1,580
J General office supplies (includes toner, name plates, bsns cards,
Tissue)6,123 3,456 6,365 6,365 6,365 Variable 0 0.0%6,493 6,623 6,755 6,890
Total Operating Supplies 8,599 6,026 11,565 12,969 13,012 0 0.3%13,243 13,543 13,849 14,163
6123 Cleaning Supplies (antibac & electronic wipes, dish
soap, etc)1,363 1,467 1,404 - - Variable - 0.0%- - - -
J
6124 Clothing 3,935 2,514 2,800 2,800 3,000 Variable 200 7.1%3,060 3,121 3,183 3,247
J
6180 Computer supplies & software (headsets, software &
equipment)4,381 8,365 5,925 5,925 5,925 Variable - 0.0%6,044 6,165 6,288 6,414
C
TOTAL COMMODITIES 18,278 18,372 21,694 21,694 21,937 200 1.1%22,347 22,829 23,320 23,824
Page 3
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Fund Balance Percentage 18.12% 24.68% 10.75% 17.89% 12.47% 9.95% 9.62% 10.37% 11.32%
Fixed
Object 2019 2020 2021 2021 2022 VS 2023 2024 2025 2026
Codes Actual Actual Adopted Estimate Proposed Variable Estimate Estimate Estimate Estimate
General Fund Budget - Detail
2021 Estimate
(Decrease)
Increase/
vs. 2022 Proposed
Contractual Expenses
6210 Professional Services
J HR Services 8,288 10,701 13,500 15,809 15,809 Variable - 0.0%16,125 16,448 16,777 17,113
Executive Director Search Variable 0.0%- - - -
J Wellness Committee/Services 1,331 414 2,000 2,000 2,000 Variable - 0.0%2,000 2,000 2,000 2,000
Other Professional Services Variable 0.0%- - -
Director Search - - - - Variable - 0.0%- - - -
J Applicant Testing (skills, Criticall)3,495 3,195 3,708 3,520 4,529 Variable 1,009 28.7%4,529 4,529 4,529 4,529
Psychological Evaluations 11,300 2,200 3,399 3,300 3,300 Variable 0.0%
Check-up from Neck Up 7,440 7,440 Variable
J Drug Screenings 491 408 469 469 469 Variable - 0.0%478 488 498 508
J Employment Backgrounds 12,634 2,385 7,800 6,000 6,000 Variable - 0.0%6,120 6,242 6,367 6,494
T Technical Consulting - DCC 3,113 12,000 12,000 12,000 Variable - 0.0%12,000 12,000 12,000 12,000
T Operations Consultant (one time)- - - - Variable - 0.0%- - - -
J Miscellaneous (website, other)- 2,604 1,000 1,000 Variable - 0.0%1,000 1,020 1,040 1,061
Personnel Tracking (Guardian Tracking)2,256 2,922 3,000 Variable
C Scheduling 1,980 4,752 4,895 Variable
CJIIN (2019 final year)2,113 - - - - Fixed - 0.0%- - - -
C Emergency Medical Direction (EMD)4,200 4,200 4,200 4,200 4,200 Fixed - 0.0%4,200 4,200 4,200 4,200
Professional Services Total 51,202 33,781 54,971 55,738 56,747 1,009 1.8%46,452 46,927 47,411 47,905
6211 Legal Services
T Civil 3,354 15,940 20,000 20,000 20,000 Variable - 0.0%20,400 20,808 21,224 21,648
T Labor 7,106 2,385 7,200 7,200 3,500 Variable (3,700) -51.4%4,000 7,500 4,000 7,500
Total Legal Services 10,460 18,325 27,200 27,200 23,500 (3,700) -13.6%24,400 28,308 25,224 29,148
6214 Fiscal Agency Expenses
6214 Fiscal Agent (Proposed new contract for 2022)69,984 71,448 73,590 72,276 124,785 Variable 52,509 72.7%127,281 129,827 132,424 135,072
ERP Software implementation - - - - 12,000 Variable 12,000 0.0%6,000 - - -
6214 Total Fiscal Agency Expenses 69,984 71,448 73,590 72,276 136,785 64,509 89.3%133,281 129,827 132,424 135,072
L
6218 Bank Charges 284 123 350 350 350 Variable - 0.0%357 364 371 378
L
6221 Independent Audit Fees 11,500 11,800 12,500 12,100 12,500 Variable 400 3.3%12,875 13,261 13,659 14,069
T Page 4
VIII-14
Fund Balance Percentage 18.12% 24.68% 10.75% 17.89% 12.47% 9.95% 9.62% 10.37% 11.32%
Fixed
Object 2019 2020 2021 2021 2022 VS 2023 2024 2025 2026
Codes Actual Actual Adopted Estimate Proposed Variable Estimate Estimate Estimate Estimate
General Fund Budget - Detail
2021 Estimate
(Decrease)
Increase/
vs. 2022 Proposed
6234 Use of personal auto
T Executive Director - - - - Variable - 0.0%- - - -
J Other personnel 1,536 329 2,000 1,500 2,000 Variable 500 33.3%2,040 2,081 2,123 2,165
Total use of personal auto 1,536 329 2,000 1,500 2,000 500 33.3%2,040 2,081 2,123 2,165
6252 Print Information (pub ed, employment material, handouts)3,385 - 2,120 3,000 2,120 Variable (880) -29.3%2,162 2,205 2,249 2,294
J
6255 Advertising 10 - 100 100 100 Variable - 0.0%102 104 106 108
J
6261 Insurance
J General Liability 21,576 22,278 21,887 23,128 23,470 Fixed 342 1.5%23,939 24,418 24,906 25,404
J Property 8,373 9,000 8,902 9,764 9,908 Fixed 144 1.5%10,106 10,308 10,514 10,724
J Faithful Performance (Bonds)1,007 957 957 920 934 Fixed 14 1.5%953 972 991 1,011
J Commercial Auto 75 75 76 78 80 Fixed 3 3.2%82 84 86 88
J Open Meeting Law - - - - 0.0%- - - -
Insurance Total 31,031 32,310 31,822 33,890 34,392 503 1.5%35,080 35,782 36,497 37,227
6276 Telephone
C Frontier (Local Service including Circuit/Fiber, Tele-relay, etc)36,880 36,942 38,110 37,920 39,058 Fixed 1,138 3.0%39,839 40,636 41,449 42,278
C AT&T (Long Distance)- - - Variable - 0.0%- - - -
C Qwest/CenturyLink(Federal & Local Access/Usage Charges)- - 0.0%- - - -
C Sprint/Nextel (Air Cards)- - 0.0%- - - -
C Cellular Service 3,577 3,510 4,000 3,252 3,350 Fixed 98 3.0%3,417 3,485 3,555 3,626
C Other - - - - - Variable - 0.0%- - - -
Telephone Total 40,457 40,452 42,110 41,172 42,407 1,235 3.0%43,256 44,121 45,004 45,904
6277 Postage 774 39 450 450 450 Variable - 0.0%450 450 450 450
J
6276 Language Line (pd by State 911 Program)- - - - - - -
Page 5
VIII-14
Fund Balance Percentage 18.12% 24.68% 10.75% 17.89% 12.47% 9.95% 9.62% 10.37% 11.32%
Fixed
Object 2019 2020 2021 2021 2022 VS 2023 2024 2025 2026
Codes Actual Actual Adopted Estimate Proposed Variable Estimate Estimate Estimate Estimate
General Fund Budget - Detail
2021 Estimate
(Decrease)
Increase/
vs. 2022 Proposed
6280 Other Contractual
C Personnel Tracking (Guardian Tracking)2,922 3,000 Fixed 78 2.7%- - - -
C Scheduling 4,752 4,847 Fixed 95 2.0%4,944 5,043 5,144 5,247
J Miscellaneous (website, other)- 605 1,000
T CAD Interface (Imagetrend)12,520 12,520 13,000 13,000 13,000 Fixed - 0.0%13,260 13,525 13,796 14,072
Citizen Survey - - 0.0%- - - -
C MN CJIS Fees (included in LOGIS fees) - 0.0%- - - -
Mass Telephone Notification System - Annual Fees - 0.0%- - - -
C MTNS Annual Fees 45,900 45,900 49,164 47,048 48,918 Fixed 1,871 4.0%49,896 50,894 51,912 52,950
C MTNS CAD Package - - 0.0%- - - -
C 9-1-1 Database Updates - - 600 600 600 Fixed - 0.0%600 600 600 600
Total Other Contractual 58,420 59,025 63,764 68,322 70,365 2,044 3.0%68,700 70,062 71,452 72,869
6282 Contract Equipment Maintenance
C, T Logging 16,725 16,725 30,250 30,202 26,452 Fixed (3,750) -12.4%26,452 26,981 27,521 28,071
C, T Radio Consoles (Motorola)60,559 62,376 72,818 72,818 76,460 Fixed 3,642 5.0%78,753 81,116 83,550 85,221
C Workstation Furniture - - - Fixed - 0.0%- - - -
Fixed - 0.0%- - - -
Fixed - 0.0%- - - -
T Phone Software Support (IES) - System upgrade 2015 92,852 89,613 100,000 101,825 107,300 Fixed 5,475 5.4%109,446 111,635 113,868 116,145
Install grounding kits - Fixed 0.0%- - - -
T, C Text-to-911 - Annual Maintenance - - - - Fixed - 0.0%- - - -
T, C Emergency Fire Dispatching - Annual Maintenance - 22,000 22,000 22,000 Fixed - 0.0%22,440 22,889 23,347 23,814
Redundant Fiber Links (moved from 6283)19,383 11,076 11,076 11,076 11,076 Fixed - 0.0%11,076 11,076 11,076 11,076
C Other - - 1,000 - - Variable - 0.0%- - - -
Total Contract Equipment Repair 189,519 179,790 237,144 237,921 243,288 5,367 2.3%248,167 253,697 259,362 264,327
6283 Facility Mgmt Payments to County
T Facility/Operating 216,216 216,216 224,475 224,475 226,000 Fixed 1,525 0.7%230,520 235,130 239,833 244,630
Prior Year Adjustments for Actual vs Estimated.Fixed - 0.0%- - -
2012 Fixed - 0.0%- - -
2013 Fixed - 0.0%- - -
2014 Fixed - 0.0%- - -
2015 Fixed - 0.0%- - -
2016 Fixed - 0.0%Page 6
VIII-14
Fund Balance Percentage 18.12% 24.68% 10.75% 17.89% 12.47% 9.95% 9.62% 10.37% 11.32%
Fixed
Object 2019 2020 2021 2021 2022 VS 2023 2024 2025 2026
Codes Actual Actual Adopted Estimate Proposed Variable Estimate Estimate Estimate Estimate
General Fund Budget - Detail
2021 Estimate
(Decrease)
Increase/
vs. 2022 Proposed
2017 Fixed - 0.0%
2018 (11,175) Fixed - 0.0%
2019 30,505 Fixed (30,505) -100.0%
2020 9,122 Fixed (9,122) -100.0%
Future Reconciliation Credits Fixed - 0.0%- - - -
T Repair and Maintenance Rent 169,025 172,902 177,050 175,979 178,253 Fixed 2,274 1.3%181,818 185,454 189,163 192,946
Total Facility Mgmt Payments to County 374,066 389,118 401,525 440,081 404,253 (35,828) -8.1%412,338 420,584 428,996 437,576
Page 7
VIII-14
Fund Balance Percentage 18.12% 24.68% 10.75% 17.89% 12.47% 9.95% 9.62% 10.37% 11.32%
Fixed
Object 2019 2020 2021 2021 2022 VS 2023 2024 2025 2026
Codes Actual Actual Adopted Estimate Proposed Variable Estimate Estimate Estimate Estimate
General Fund Budget - Detail
2021 Estimate
(Decrease)
Increase/
vs. 2022 Proposed
6288 LOGIS
LOGIS Public Safety Application 1,800 - - - - - - - -
T Application Support - CAD 850,692 874,308 904,915 901,905 937,910 Fixed 36,005 4.0%956,668 975,801 995,317 1,015,223
T Application Support - Payroll 13,272 14,040 14,528 14,450 14,990 Fixed 540 3.7%15,290 15,596 15,908 16,226
T Application Support - Internet 12,348 14,496 - 15,965 16,444 Fixed 479 3.0%16,773 17,108 17,450 17,799
T Application Support - AVL - Fixed 0.0%- - - -
T Application Support - EMD 13,889 15,000 14,369 14,600 Fixed 231 1.6%14,892 15,190 15,494 15,804
T Application Support - JDE Financial 1,236 1,236 1,279 1,270 1,320 Fixed 50 3.9%1,346 1,373 1,400 1,428
Fixed
T Insight Licensing (payroll reporting need)648 1,056 1,095 1,110 1,165 Fixed 55 5.0%1,188 1,212 1,236 1,261
T CAD System Development 26,945 27,600 27,000 27,600 28,200 Fixed 600 2.2%28,764 29,339 29,926 30,525
T Payroll System Development 2,611 2,650 2,800 2,650 2,700 Fixed 50 1.9%2,754 2,809 2,865 2,922
R&D System Development 1,750 1,750 1,800 Fixed 50 2.9%
Fixed
Fiber State WAN - 2,208 3,500 3,500 3,800 Fixed 300 8.6%3,876 3,954 4,033 4,114
Managed Services (Backups, AD and Ex Server, Wireless
Controller)- 9,955 9,901 9,901 13,850 Fixed 3,949 39.9%14,127 14,410 14,698 14,992
Network Services (Security, Network Wellness, Consult)- 7,521 25,000 25,000 21,000 Fixed (4,000) -16.0%21,420 21,848 22,285 22,731
Managed Hardware - - 160 Fixed - 0.0%- - - -
Managed Software (Adobe, MS, Laserfiche, Security)- 7,345 22,377 22,377 27,878 Fixed 5,501 24.6%28,436 29,005 29,585 30,177
SSL - 1,545 1,545 Fixed (1,545) -100.0%- - - -
T Network Wellness (1 yearly charge)3,082 Fixed - 0.0%- - - -
T Managed Services Backup 4,500 - - Fixed - 0.0%- - - -
T Managed Services Servers - - Fixed - 0.0%- - - -
T Fiber Network Redundant Link Fixed - 0.0%- - - -
D Cisco Firewall Support Fixed - 0.0%- - - -
T Phone/T1 Access Charges Fixed - 0.0%
T Administrative Services 196 - - Fixed - 0.0%- - - -
T Network Services 8,460 - - Fixed - 0.0%- - - -
T State Bandwidth at WSC (OET Charges)2,842 - - Fixed - 0.0%- - - -
T Domain Name Renewals - - Fixed - 0.0%- - - -
T Security Services 439 - - Fixed - 0.0%- - - -
T Active Directory 1,452 - - Fixed - 0.0%- - - -
T Microsoft Licensing 5,714 - - Fixed - 0.0%- - - -
D Video Conferencing (OET pass through)- Fixed - 0.0%- - - -
D Public Safety Application Suite - Fixed 0.0%- - - -
Fixed 0.0%Page 8
VIII-14
Fund Balance Percentage 18.12% 24.68% 10.75% 17.89% 12.47% 9.95% 9.62% 10.37% 11.32%
Fixed
Object 2019 2020 2021 2021 2022 VS 2023 2024 2025 2026
Codes Actual Actual Adopted Estimate Proposed Variable Estimate Estimate Estimate Estimate
General Fund Budget - Detail
2021 Estimate
(Decrease)
Increase/
vs. 2022 Proposed
T Other 1,978 90 2,973 2,973 Fixed (2,973) -100.0%- - - -
D Web Hosting - - 0.0%- - - -
LOGIS Total 950,303 966,055 1,032,073 1,046,365 1,085,657 39,292 3.8%1,105,534 1,127,645 1,150,197 1,173,202
Page 9
VIII-14
Fund Balance Percentage 18.12% 24.68% 10.75% 17.89% 12.47% 9.95% 9.62% 10.37% 11.32%
Fixed
Object 2019 2020 2021 2021 2022 VS 2023 2024 2025 2026
Codes Actual Actual Adopted Estimate Proposed Variable Estimate Estimate Estimate Estimate
General Fund Budget - Detail
2021 Estimate
(Decrease)
Increase/
vs. 2022 Proposed
6289 Radio Fees
C 800 MHz network access fees (County Fees)
C 23 Consoles @ $400
C 8 subscribers @ $400
C State Subscriber Fees 17,681 17,681 24,874 32,354 32,354 Fixed - 0.0%33,001 33,661 34,334 35,021
C County Contractual Services - 3,870 10,300 10,000 10,000 Fixed - 0.0%10,200 10,404 10,612 10,824
C County Subscriber Fees 6,999 6,999 7,524 7,280 7,280 Fixed - 0.0%7,426 7,575 7,727 7,882
C Motorola Support 11,950 11,950 12,308 - - Fixed - 0.0%- - - -
C Outdoor Warning Siren Support (Dakota County)- Fixed - 0.0%- - - -
C Fire Alerting Support (Dakota County)Fixed 0.0%- - -
Other Fixed 0.0%- - -
C Video Conferencing Hardware Support (Conference/Training
Rooms)- - 500 - - Fixed - 0.0%- - - -
Radio Fees Total 36,630 40,500 55,506 49,634 49,634 - 0.0%50,627 51,640 52,673 53,727
-
6290 Rental Equipment
J Large Copier/Printer/Fax/Scanners in Dispatch/Admin 3,141 3,403 3,299 4,340 4,339 Variable (1) 0.0%3,141 3,235 3,300 3,366
C Copier/printer for dispatch floor - REMOVE LINE - - 0.0%- - -
J Postage machine 287 260 309 228 228 Variable - 0.0%233 238 243 248
J Maint for Large Copier/Printer/Fax/Scanners in
Dispatch/Admin 1,017 587 945 600 600 Variable - 0.0%650 670 690 710
Rental Equipment Total 4,445 4,250 4,553 5,168 5,167 (1) 0.0%4,024 4,143 4,233 4,324
6291 Lease payments to Dakota County
T Base Facility Lease 725,100 725,100 725,100 725,100 483,400 Fixed (241,700) -33.3%- - - -
Less: Rent to Dakota County (9,600) (9,600) (9,600) (9,600) (6,400) Fixed 3,200 -33.3%- - - -
6291 Lease payments to Dakota County 715,500 715,500 715,500 715,500 477,000 (238,500) -33.3%- - - -
T
6308 Tuition Reimbursements - - - - 0.0%- - - -
D
Page 10
VIII-14
Fund Balance Percentage 18.12% 24.68% 10.75% 17.89% 12.47% 9.95% 9.62% 10.37% 11.32%
Fixed
Object 2019 2020 2021 2021 2022 VS 2023 2024 2025 2026
Codes Actual Actual Adopted Estimate Proposed Variable Estimate Estimate Estimate Estimate
General Fund Budget - Detail
2021 Estimate
(Decrease)
Increase/
vs. 2022 Proposed
6311 Training & Conferences
Conferences
C APCO - National conference 2,437 - - 4,000 Variable 4,000 0.0%4,080 4,162 4,245 4,330
C NENA - National conference 2,047 - - 2,000 Variable 2,000 0.0%2,040 2,081 2,123 2,165
C EMD/EFD National conference (Navigator)55 616 4,000 4,000 4,000 Variable 0.0%4,080 4,162 4,245 4,330
C CAD National conference 3,988 - - 2,000 Variable 2,000 0.0%2,040 2,081 2,123 2,165
C Administrative (IPMA-HR)- - 2,000 Variable 0.0%2,040 2,081 2,123 2,165
C Local conferences (APCO/BCA/NENA/Police
Chiefs/Wellness)1,285 840 1,900 1,900 1,900 Variable - 0.0%1,938 1,977 2,017 2,057
Training Variable - - -
C EMD 8,115 4,955 6,690 3,226 1,792 Variable (1,434) -44.5%1,828 1,865 1,902 1,940
C Other training events 6,540 5,187 2,500 2,500 2,500 Variable - 0.0%2,550 2,601 2,653 2,706
C Administrative training 1,226 295 1,000 1,000 1,000 Variable - 0.0%1,020 1,040 1,061 1,082
C EFD 13,600 28,495 6,690 4,162 1,133 Variable (3,029) -72.8%6,000 6,000 6,180 6,365
C IT training - - 1,000 1,000 1,400 Variable 400 40.0%3,400 3,468 3,537 3,608
- - - - 0.0%- - - -
Total Training and Conferences 39,293 40,388 23,780 17,788 23,725 5,937 33.4%31,016 31,518 32,209 32,913
6312 Business Meetings & Expenses 141 129 550 550 550 Variable - 0.0%350 350 350 350
J
Page 11
VIII-14
Fund Balance Percentage 18.12% 24.68% 10.75% 17.89% 12.47% 9.95% 9.62% 10.37% 11.32%
Fixed
Object 2019 2020 2021 2021 2022 VS 2023 2024 2025 2026
Codes Actual Actual Adopted Estimate Proposed Variable Estimate Estimate Estimate Estimate
General Fund Budget - Detail
2021 Estimate
(Decrease)
Increase/
vs. 2022 Proposed
6313 Dues
J APCO 339 350 345 355 Variable 10 3.0%362 369 376 384
J NENA 142 142 283 275 283 Variable 8 3.0%289 295 301 307
C IACP - - Variable 0.0%- - - -
C Reference Materials for Dispatch - - Variable - 0.0%- - - -
J Misc. Dues & Memberships 1,636 1,607 1,596 1,549 1,595 Variable 46 3.0%1,627 1,660 1,693 1,727
Dues and Subscriptions Total 1,778 2,088 2,229 2,169 2,234 65 3.0%2,278 2,324 2,370 2,418
6310 Miscellaneous
F Debt reporting/Arbitrage Calculations - - - - - - -
Refund to Members - - -
6310 Miscellaneous - - - - 0.0%- - - -
6310 Total Miscellaneous - - - - - - - - - -
TOTAL CONTRACTUAL/OTHER 2,590,717 2,605,450 2,783,837 2,831,273 2,673,224 (158,049) -5.6%2,223,489$ 2,265,393$ 2,307,360$ 2,356,427$
Budget Summary
Total Personnel Services 6,437,062 6,529,557 7,210,608 7,112,033 7,420,328 308,295 4.3%7,922,945$ 8,121,019$ 8,324,044$ 8,532,145$
Total Commodities 18,278 18,372 21,694 21,694 21,937 243 1.1%22,347$ 22,829$ 23,320$ 23,824$
Total Contractual 2,590,717 2,605,450 2,783,837 2,831,273 2,673,224 (158,049) -5.6%2,223,489$ 2,265,393$ 2,307,360$ 2,356,427$
TOTAL OPERATING EXPENSES 9,046,057 9,153,379 10,016,139 9,965,000 10,115,489 150,488 1.5%10,168,781$ 10,409,240$ 10,654,724$ 10,912,396$
TOTAL EXPENSES 9,046,057 9,153,379 10,016,139 9,965,000 10,115,489 150,446 1.5%10,168,781 10,409,240 10,654,724 10,912,396
DIFFERENCE FROM FINANCIAL REPORT
DIFFERENCE FROM GENERAL FUND SUMMARY - - - - - - - - -
FUND BALANCE FROM GENERAL FUND SUMMARY 1,639,373 2,259,047 1,076,496 1,782,619 1,261,855 1,012,135 1,001,123 1,104,818 1,235,142
PERCENTAGE 18.1%24.7%10.7%17.9%12.5%10.0%9.6%10.4%11.3%
AMOUNT OVER/(UNDER) THE 8.3% PREFERRED
BALANCE 885,535 1,496,265 241,818 952,202 418,897 164,737 133,686 216,924 325,775
- - - - - -
AMOUNT OVER/(UNDER) THE 14.0% PREFERRED
BALANCE 372,925 977,574 (325,763) 387,519 (154,314) (411,494) (456,171) (386,844) (292,594)
INCREASE/(DECREASE) IN EXPENDITURES FROM PY 98,876 107,322 970,082 918,943 150,488 53,293 240,459 245,484 257,672
1.11% 1.19% 10.72% 10.65% 1.51% 0.53% 2.36% 2.36% 2.42%
Page 12
VIII-14
Fund Balance Percentage 18.12% 24.68% 10.75% 17.89% 12.47% 9.95% 9.62% 10.37% 11.32%
Fixed
Object 2019 2020 2021 2021 2022 VS 2023 2024 2025 2026
Codes Actual Actual Adopted Estimate Proposed Variable Estimate Estimate Estimate Estimate
General Fund Budget - Detail
2021 Estimate
(Decrease)
Increase/
vs. 2022 Proposed
2022 2023 2024 2025 2026
Variable 7,704,293 8,200,879 8,401,509 8,606,343 8,823,364
Fixed cost 2,411,196 1,967,902 2,007,731 2,048,381 2,089,032
10,115,489 10,168,781 10,409,240 10,654,724 10,912,396
- - - - -
Total Fixed Costs 2,411,196 1,967,902 2,007,731 2,048,381 2,089,032
Fixed costs paid by E911 Fees 581,696 Hard coded 581,696 581,696 581,696 581,696
Fixed costs paid by MTNS - Flint Hills 18,000 18,000 18,000 18,000 18,000
Fixed costs to be funded 1,811,500 1,368,206 1,408,035 1,448,685 1,489,336
Fixed costs to be funded 19.0% 1,811,500 1,368,206 1,408,035 1,448,685 1,489,336
Variable costs to be funded 81.0% 7,704,293 8,200,879 8,401,509 8,606,343 8,823,364
9,515,793 9,569,085 9,809,544 10,055,028 10,312,700
Page 13
VIII-14
City Council Memorandum
To: Mayor Fasbender & City Council Members
From: Chris Eitemiller, Finance Manager
Date: May 16, 2022
Item: Approve Doffing Trust Disbursement
Council Action Requested:
Approve the attached Doffing Trust disbursement request.
Background Information:
Per the 2008 agreement, the Friends of the Pleasant Hill Library are requesting a disbursement in the
amount of $1,000 to fund the Dakota County Library Pride Celebration.
Financial Impact:
The 2008 agreement states the Friends of the Pleasant Hill Library are to use the annual income from
investment earnings to fund the disbursement requests. There have been limited disbursement requests
since the agreement began in 2008. The request from the Friends of the Pleasant Hill Library is attached.
Advisory Commission Discussion: N/A
Council Committee Discussion: N/A
Attachments:
Disbursement request from the Friends of the Pleasant Hill Library
VIII-15
April 5, 2021
Friends of the Pleasant Hill Library
Kellie Kimmes, President
1490 S Frontage Rd
Hastings, MN 55033
Dear Kellie;
I am writing to request your support for the submission of a
request to use the Doffing Estate funds. In accordance with the
City of Hastings guidelines (dated October 16, 2008), “Friends of
the Pleasant Hill Library must submit the request and include a
recommendation for approval.”
Pleasant Hill Library is requesting use of the Doffing Estate funds
to support a Family Pride Celebration on June 18, 2022. This
celebration will be the first of its kind hosted by the Library.
At this family-friendly and supportive event, we invite the
community to create art, hear stories, and have fun while learning
about LGBTQIA+ cultures and history in an age-appropriate way.
The support provided by the Doffing Estate moneys will fund book
giveaways and treats for attendees.
The request above is in keeping with the guidelines adopted by
the City of Hastings in 2008 for use of the Doffing Estate funds.
Thank you for your support of this request which will allow us to
get free books into the hands of Hastings kids and support an
affirming welcoming community. Please let me know if you have
questions or require additional information.
Sincerely,
Julia Carlis
Pleasant Hill Library Manager
Dakota County Library cultivates community, creativity and learning.
VIII-15
DCL Pride Celebration - $1000
The Library will hold our first-ever Pride Month celebration on Saturday, June 18. We are
requesting $1000 to fund treats (paletas/popsicles) and book giveaways for attendees. One
book title we are considering is “Love Makes a Family” by Sophie Beer
VIII-15
City Council Memorandum
To: Mayor Fasbender & City Council
From: Eric Maass, Economic Development Coordinator
Date: May 11, 2022
Item: Intek Plastics - Public Hearing and Resolution supporting Minnesota Investment Fund
Application through the State of Minnesota Department of Employment and Economic
Development.
Council Action Requested:
Hold a public hearing and adopt the attached resolution supporting an application to the State of
Minnesota Department of Employment and Economic Development for funding through the
Minnesota Investment Fund in support of an expansion at Intek Plastics located at 1000 Spiral
Blvd. A simple majority is necessary for action.
Background Information:
Community Development Staff conducted a business retention and expansion (BR&E) visit with
Intek Plastics in June of 2021. This meeting is when Staff first learned that due to business
growth that Intek was running low on building capacity and would soon need to consider
expansion opportunities. At that time, Staff made Intek aware of HEDRAs land holdings within
the business park including an immediately adjacent parcel and the City’s desire to collaborate
with Intek in an expansion at their Hastings location.
Intek Plastics is currently considering an expansion of 60,000 square feet to its corporate real
estate portfolio. The proposed project would include $6.6 million in construction and an
additional $1.6 million in machinery and equipment investments. The expansion is being
considered at its location in the City of Hastings as well as in a city in the State of Ohio. Due to
the out of state competition, the State of Minnesota Department of Employment and Economic
Development (DEED) and GreaterMSP Partnership have engaged in the site selection process in
an effort to help land this business expansion for the City of Hastings and the State of Minnesota.
But for the potential that the business expansion could take place outside of the State, this project
would not be eligible for funding through the State of Minnesota’s Minnesota Investment Fund
(MIF).
The Minnesota Investment Fund is a loan program that operates from the State and through City
partners. Additional background on the program is as follows:
• DEED provides funds to the City which then delivers loan financing to the business. The
value of the MIF assistance is based upon capital investment, job creation within two
years, wage levels and economic conditions in the City.
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• MIF funds would be provided to the City and then the City would deliver funds as a loan
to the company to reimburse for machinery or equipment. If the company opts to proceed
with a forgivable MIF loan, then the City must agree to the forgivable option and the
Company must meet the capital expenditure, job and wage requirements.
• MIF funds must be matched on a 1:1 basis; in other words, at least 50% of total project
costs must be privately financed through owner equity or other lending sources.
• MIF funds and matching funds may be used only to pay for equipment costs incurred
after the grant agreement has been signed by the City and DEED. A local resolution is
required to be included with the completed application.
Based on preliminary expansion project details, DEED Staff has indicated that the project is
eligible for approximately $349,000 in forgivable MIF funding from the State of Minnesota or
$975,000 as a repayable loan from the State of Minnesota. Intek Plastics has expressed a desire
to apply for the full $975,000 of MIF assistance.
Financial Impact:
There are no financial impacts to the City. Funding would derive from the State of Minnesota
with the City serving as an intermediary between the State and Intek.
Advisory Commission Discussion:
N/A
Attachments:
• Resolution #05-__22 Supporting Minnesota Investment Fund Application by Intek
Plastics to the State of Minnesota Department of Employment and Economic
Development.
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CITY OF HASTINGS
DAKOTA COUNTY, MINNESOTA
RESOLUTION NO. 05 - - 22
A RESOLUTION SUPPORTING A MINNESOTA INVESTMENT FUND
APPLICATION IN CONNECTION WITH INTEK PLASTICS
WHEREAS, the City of Hastings, Minnesota (the “City”), desires to assist Intek Plastics,
a manufacturing company which is proposing to construct a facility expansion in the City; and
WHEREAS, the City of Hastings understands that Intek Plastics, through and with the
support of the City, intends to submit to the Minnesota Department of Employment and Economic
Development an application for an award from the Minnesota Investment Fund; and
WHEREAS, the City of Hastings held a public hearing at the City Council meeting on
May 16, 2022 to consider this matter; and
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF HASTINGS, that Intek Plastics, Inc act as legal sponsor for the project contained in the
Minnesota Investment Fund Application to be submitted on or about May 17, 2022 and that the
Community Development Director and Economic Development Coordinator are hereby
authorized to apply to the Department of Employment and Economic Development for funding
for this project on behalf of Intek Plastics, Inc.
BE IT FURTHER RESOLVED that Intek Plastics, Inc has the legal authority to apply for financial
assistance, and the institutional, managerial, and financial capability to administer the proposed
project.
BE IT FURTHER RESOLVED that Intek Plastics, Inc has not violated any Federal, State, or local
news pertaining to fraud, bribery, kickbacks, collusion, conflict of interest or other unlawful or
corrupt practice.
BE IT FURTHER RESOLVED that upon approval of its application by the State, Intek Plastics,
Inc may enter into a Grant Contract with the State of Minnesota for the approved project, and that
Intek Plastics, Inc certifies that it will comply with all applicable laws, statutes, regulations and
rules as state din the Grant Contract and described in the Project Compliance Certification of the
Application.
AS APPLICABLE, BE IT FURTHER RESOLVED that the City of Hastings has obtained credit
reports and credit information on Intek Plastics, Inc and company owners Sarah Lindahl, John
Fort, Elizabeth Door, Allyson Aldrich, William Graham Smith, and Douglas Campbell Smith.
Upon review by the City of Hastings and City Attorney Korine Land, no adverse findings or
concerns regarding, but not limited to, tax liens, judgments, court actions, and filings with state,
federal and other regulatory agencies were identified. Failure to disclose any such adverse
information could result in revocation or other legal action.
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NOW, THEREFORE BE IT RESOLVED that the Community Development Director and
Economic Development Coordinator, or their successors in office, are hereby authorized to
execute the Grant Contract and amendments, thereto, as are necessary to implement the project on
behalf of the City of Hastings.
I CERTIFY THAT the above resolution was adopted by the City Council of Hastings, Minnesota,
this 16th day of May, 2022.
AYES:
NAYS:
_____________________________________
Mary D. Fasbender, Mayor
_____________________________
Kelly Murtaugh, City Clerk
Approved by City Attorney:
________________________________
Korine L. Land
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City Council Memorandum
To: Mayor Fasbender & City Council
From: Eric Maass, Economic Development Coordinator
Date: May 11, 2022
Item: Resolution: Support Minnesota Job Creation Fund Application by Intek Plastics to the
State of Minnesota Department of Employment and Economic Development.
Council Action Requested:
Adopt the attached resolution supporting an application to the State of Minnesota Department of
Employment and Economic Development for funding through the Minnesota Job Creation Fund
in support of an expansion at Intek Plastics located at 1000 Spiral Blvd. A simple majority is
necessary for action.
Background Information:–
Community Development Staff conducted a business retention and expansion (BR&E) visit with
Intek Plastics in June of 2021. This meeting is when Staff first learned that due to business
growth that Intek was running low on building capacity and would soon need to consider
expansion opportunities. At that time, Staff made Intek aware of HEDRAs land holdings within
the business park including an immediately adjacent parcel and the City’s desire to collaborate
with Intek in an expansion at their Hastings location.
Intek Plastics is now formally considering an expansion of 60,000 square feet to its corporate
real estate portfolio. The proposed project would include $6.6 million in construction and an
additional $1.6 million in machinery and equipment investments. The expansion is being
considered at its location in the City of Hastings as well as in a city in the State of Ohio. Due to
the out of state competition, the State of Minnesota Department of Employment and Economic
Development (DEED) and GreaterMSP Partnership have engaged in the site selection process in
an effort to help land this business expansion for the City of Hastings and the State of Minnesota.
But for the potential that the business expansion could take place outside of the State, this project
would not be eligible for funding through the State of Minnesota’s Job Creation Fund (JCF).
The proposed expansion project would add 46 full time employment opportunities over a period
of three years. The Minnesota Job Creation Fund (JCF) is a pay for performance program that
provides milestone payments during a period of up to five years based upon a company investing
a minimum of $250,000 of qualifying real property improvements and hiring a minimum of 5
new qualifying full-time positions. Once those minimum thresholds are met, then annual
payments are provided based on the number of new full-time jobs, associated wages and
qualifying real property improvements of up to:
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• $2,000 per year per job created for jobs paying at least $28,950 in cash wages;
• $3,000 per year per job for jobs paying at least $38,966 in cash wages;
• $4,000 per job per year for jobs paying at least $50,098 in cash wages;
• 5% rebate on qualifying real property improvements
Based on information submitted by Intek Plastics, the hourly wage of newly created jobs would
range from $19.56 per hour ($40,684 annually) to $48.08 per hour ($100,000 annually) plus
benefits with the average hourly wage of the 46 new full time jobs coming in at $32.54 per hour
($67,683 annually) plus benefits.
Financial Impact:
There are no financial impacts to the City. Funding would derive from the State of Minnesota
with the City serving as an intermediary between the State and Intek.
Advisory Commission Discussion:
N/A
Attachments:
• Resolution #05-__22 Supporting Job Creation Fund Application by Intek Plastics to the
State of Minnesota Department of Employment and Economic Development.
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CITY OF HASTINGS
DAKOTA COUNTY, MINNESOTA
RESOLUTION NO. 05 - - 22
A RESOLUTION REGARDING THE SUPPORT OF A JOB CREATION FUND
APPLICATION IN CONNECTION WITH INTEK PLASTICS
WHEREAS, the City of Hastings, Minnesota (the “City”), desires to assist Intek Plastics,
a manufacturing company which is proposing to construct a facility expansion in the City; and
WHEREAS, the City of Hastings understands that Intek Plastics, through and with the
support of the City, intends to submit to the Minnesota Department of Employment and Economic
Development an application for an award and/or rebate from the Job Creation Fund Program; and
WHEREAS, the City of Hastings held a City Council meeting on May, 16, 2022, to
consider this matter; and
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF HASTINGS, MINNESOTA, that, after due consideration, the Mayor and City Council of the
City of Hastings, Minnesota, hereby adopts the following findings of fact related to the project
proposed by Intek Plastics and its application for an award and/or rebate from the Job Creation
Fund Program and express their approval.
The City Council hereby finds and adopts the reasons and facts supporting the following findings
of fact for the approval of the Job Creation Fund Program application:
1.Finding that the project is in the public interest because it will encourage the growth of
commerce and industry, prevent, the movement of current or future operations to
locations outside Minnesota, result in increased employment in Minnesota, and
preserve or enhance the state and local tax base.
2.The proposed 60,000 square foot business expansion is also being considered for a
location in the State of Ohio, will result in 46 new full time jobs, and increase the state
and local tax base.
3.Finding that the proposed project, in the opinion of the City Council, would not
reasonably expected to occur solely through private investment within the reasonably
foreseeable future.
4.The project has financial hurdles associated with increased construction and equipment
costs that but for public assistance, the project would not occur solely through private
investment in the foreseeable future.
5.Finding that the proposed project conforms to the general plan for the development or
redevelopment of the City as a whole.
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6. The City of Hastings and the Hastings Economic Development and Redevelopment
Authority have the shared goal of supporting growth of local businesses and increasing
employment opportunities for area residents which the proposed development would
accomplish in line with the City’s zoning designations and comprehensive plan.
7. Finding that the proposed project will afford maximum opportunity, consistent with the
sound needs of the City as a whole, for the redevelopment or development of the project
by private enterprise.
8. Intek Plastics is a long standing member of the Hastings business community and a
valued local employer that is committed to following through on the proposed business
expansion.
ADOPTED BY THE CITY COUNCIL OF HASTINGS, MINNESOTA, THIS 16TH DAY OF
MAY, 2022.
AYES:
NAYS:
_____________________________________
Mary D. Fasbender, Mayor
_____________________________
Kelly Murtaugh, City Clerk
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City Council Memorandum
To: Mayor Fasbender & City Councilmembers From: John Hinzman, Community Development Director Date: May 16, 2022
Item: Resolution: Appeal of Administrative Decision – Non-Climbable Fence for A
Swimming Pool - Hudella - 15213 Ravenna Trail.
Council Action Requested: Consider the request of Shane Hudella owner of 15213 Ravenna Trail to appeal the
decision of an administrative official (Building Official Travis Dunn) that a cable rail
fence constructed around a swimming pool is climbable and in violation of Hastings City Code Section 155.05, Subd. F.4.
The City Council acts as the Board of Adjustment and Appeals in considering the
request. Reversal of a decision by an administrative official requires the support of six of
seven councilmembers.
Board of Adjustment and Appeals: City Code Chapter 30.02 establishes the Board of Adjustment and Appeals,
designating the City Council to act as the Board. Subd. G – establishes the
parameters for reversing the decision of an administrative official as follows:
In exercising the above mentioned powers, the Board of Adjustment may, so long as the action is in conformity with the terms of the provisions of the City Code, reverse or
affirm, wholly or partly, or may modify the order, requirement, decision, or
determination appealed from and may make the order, requirement, decision, or
determination as ought to be made and to that end shall have the powers of the administrative official from whom the appeal is taken. The concerting vote of 75% of the entire Board shall be necessary to reverse any order, requirement, decision, or
determination of the administrative official, or to decide in favor of the applicant on any
matter upon which it is required to pass under provisions of the City Code including
special use permits or to effect any variation in the application of Chapter 155.
City Code Regulation:
Hastings City Code Section 155.05, Subd. F.4 regulates the placement of fences within the Zoning Code and states the following:
Height restrictions. The maximum height of any fence installed within a residential zoning district of the City of Hastings is 6 feet; however, fences installed within the front
yard are limited to a maximum height of 3.5 feet or 42 inches. Fences installed around
swimming pools from ground up must be a minimum of 4 feet high and non-climbable
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with a self-closing, self-latching gate. Maximum height of all fences shall be in compliance with the city zoning code or as approved by the Planning Commission. Background Information: Performance Pools and Spas (PPS) applied for a building permit to construct an in-ground pool and fence on behalf of Mr. Hudella on 2/17/21. The permit identified the placement of the pool and fence, but did not indicate that the fence would be cable railed. The permit was issued on 2/24/21. Via a 7/27/21
email Mr. Hudella stated he would be installing the fence instead of PPS. On 10/5/21 Building Inspector Craig Schultz inspected the fence and determined it did not meet City Code because it was climbable. Via a 10/13/21 email Building Official Dunn concurred with Inspector Schultz’s assertion that the fence was climbable and did not meet City Code. Email correspondence
between the City and Mr. Hudella pertaining to the permit and violation is attached to this report. Appellant argues that the pool has a lockable cover, however, this does not negate the requirement that the fence be non-climbable. It has been found that
lockable covers are not fool-proof and wear out over time or are left unlocked, leaving them accessible. Appellant Position In the attached email communication with Mr. Hudella he contends the following:
- 3 residences in town that were not required to even have a fence with the type of lockable heavy duty auto-cover that we have.
- Letters from several commercial contracting companies such as Ryan Co explaining that cable rail systems are still widely accepted and considered no more climbable than chain link.
- Email traffic where I offered to submit plans on the fence, an was told I didn’t need to, just to ensure the fence was 48” high with self-closing gates, which I
did. No further information was received from Mr. Hudella prior to release of this report. Staff Determination
Staff’s position is that the cable rail fence is climbable and therefore in violation of Hastings City Code Section 155.05, Subd. F.4. The intent of this requirement is to prevent injury to children who may attempt to access the pool by either scaling the fence, or squeezing between the cable rails. The tension of the cable wires may loosen over time easing ability to access the site an\or posing a choking hazard for children that may
get caught between wires. Acceptable Modifications to Existing Fence Staff has discussed with Mr. Hudella potential modifications to the fence to meet ordinance requirements. Mr. Hudella could utilize the existing fence post, install a rigid
top and bottom rail and affix a non-climbable chain link mesh fence. Financial Impact: N\A
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Advisory Commission Discussion: N\A Council Committee Discussion: N\A Attachments:
• Resolution Affirming the Decision of the Building Official
• Site Map
• Site Pictures
• Communication to/from appellant
• Building Permit Application
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HASTINGS CITY COUNCIL RESOLUTION NO._________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS AFFIRMING THE DECISION OF AN ADMINISTRATIVE OFFICIAL – DETERMINATION OF A CLIMBABLE FENCE Council member ___________________________ introduced the following Resolution and moved its adoption: WHEREAS, Shane R. and Jessica A. Hudella (“Owners”) of property located at
15213 Ravenna Trail and legally described as follows (“Subject Property”): Part of the Northeast Quarter of Section 35, Township 115, Range 17 commencing at the northeast corner; thence west 166.22 feet; thence south 00 degrees, 09 minutes, 40 seconds west a distance of 1138.84 feet to the centerline of County Road 54; thence north
82 degrees, 01 minute, 55 seconds west on said centerline a distance of 371.29 feet to the point of beginning; thence continuing northwest along said centerline a distance of 309.71 feet; thence south 07 degrees, 58 minutes, 05 seconds west a distance of 707.89 feet; thence south 82 degrees, 01 minute, 55 seconds east a distance of 271.33 feet; thence north 15 degrees, 36 minutes, 03 seconds east a distance of 434.30 feet; thence
north 03 degrees, 59 minutes, 15 seconds east a distance of 278.11 feet to the point of beginning. WHEREAS, the Owners submitted a building permit to construct an in-ground pool
and perimeter fence on the Subject Property; and
WHEREAS, of Hastings City Code Section 155.05, Subd. F.4. regulates the placement of fences within the Zoning Code and states “fences installed around swimming pools from the ground up must be a minimum of 4 feet high and non-
climbable with a self-closing, self-latching gate”; and WHEREAS, the Owners constructed a perimeter fence around the in-ground swimming pool of a cable rail design that has been deemed climbable by the City’s Administrative Official (Building Official Travis Dunn) in violation of Hastings City
Code Section 155.05, Subd. F.4; and WHEREAS, the Owners have submitted an Appeal of Administrative Decision contending that the perimeter fence around the swimming pool is not climbable and has petitioned for a reversal of the decision made by the Administrative Official in
accordance with Hastings City Code Chapter 30.02 (G) – Board of Zoning Adjustment
and Appeals; and WHEREAS, the City Council serves as the Board of Zoning Adjustment and Appeals pursuant to City Code Chapter 30.02 (A); and
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WHEREAS, on May 16, 2022, a review hearing was conducted before the City Council as required by city ordinance. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HASTINGS AS FOLLOWS: 1. The City Council hereby rejects the appeal and affirms the decision of the Administrative Official finding that the cable rail perimeter fence around the in-
ground swimming pool is climbable. 2. The Council further agrees with the Administrative Official’s determination that the intent of the Ordinance provision is to prevent injury to children who may attempt to access the pool by either scaling the fence, or squeezing between the cable rails.
3. The appellant is hereby ordered to construct a fence that complies with City Code. Adopted by the Hastings City Council on May 16, 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 16th 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 (JH) 101 4th St. E. Hastings, MN 55033
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Site Location
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Existing Cable Rail Pool Fence
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Staff Suggested Modification to Make Fence Non-Climbable
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John Hinzman, AICP
From:Shane Hudella <shaneh@unitedheroesleague.org>
Sent:Wednesday, April 27, 2022 2:12 PM
To:John Hinzman, AICP
Subject:RE: Pool Pics
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you verify the sender
and know the content is safe.
Hi John,
I hope you are doing great and all is well at the city.
Hey I hate to be a pain in the butt on this but I’d like to bring it to council.
While the odds may not be in my favor based on your experience, I think I have a shot at it, and really don’t have
anything to lose.
If there is a process of submitting any documents in advance let me know I currently have:
‐ 3 residences in town that were not required to even have a fence with the type of lockable heavy duty auto‐
cover that we have.
‐ Letters from several commercial contracting companies such as Ryan Co explaining that cable rail systems
are still widely accepted and considered no more climbable than chain link.
‐ Email traffic where I offered to submit plans on the fence, an was told I didn’t need to, just to ensure the
fence was 48” high with self‐closing gates, which I did.
Thanks so much and sorry for the delay this campaign business is a huge time commitment holy cow!
Shane
Shane Hudella
1SG (Ret.) US Army
President & Founder
United Heroes League
651‐319‐0737
www.UnitedHeroesLeague.org
From: John Hinzman, AICP <JHinzman@hastingsmn.gov>
Sent: Wednesday, March 23, 2022 1:30 PM
To: Shane Hudella <shaneh@unitedheroesleague.org>
Subject: RE: Pool Pics
Hi Shane,
Sorry for the lateness of my reply. In reviewing options for the pool fence there are two possibilities.
1) You have the option of appealing the decision of a staff member to the City Council who serves as the Board of
Adjustment and Appeals. Staff contends that your fence does not meet the non‐climbable provision of City
Code; you could ask City Council to overrule staff’s decision to find the fence non‐climbable. In my 20 years at
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2
the City we’ve had less than five of these type of decisions before the Council, and I don’t’ believe the Council
has overruled staff.
2) Modify the existing fence. I’ve spoken with Travis it could be modified by using a top and bottom rail and
applying chain link infill to the wooden posts (see picture below)
Let me know if you have any questions.
John Hinzman, AICP
Community Development Director
City of Hastings | City Hall | 101 4th Street E | Hastings, MN 55033
Direct: 651‐480‐2378 | Mobile: 651‐755‐5914 | Fax: 651‐437‐7082
Communication
Optimal Service
Respect for Resources
Enthusiasm
From: Shane Hudella <shaneh@unitedheroesleague.org>
Sent: Tuesday, March 8, 2022 4:07 PM
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3
To: John Hinzman, AICP <JHinzman@hastingsmn.gov>
Subject: Pool Pics
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you verify the sender
and know the content is safe.
Hi John thanks again for taking the time to meet today!
I’ll send a separate note with a few pics / video’s from UHL Monument, Confidence Course, and Rink just to get you up
to speed on those.
The Minnesota Vikings will be out on the course a bunch this summer with the team and some high school football clubs
from around the metro. I don’t know if you / the city want to know about stuff like that, but between the 3 assets we
have been drawing a TON of outside school sports teams
Anyhow –
Thanks for taking a minute to look at my pool fence scenario as well. At the end of the day I want to do right / play by
the rules with the city but I feel really strongly on this one too, other pools with this type of auto‐cover haven’t even
been required to have fencing in the past, and I do think mine meets code with the cabling being 3.5 inches apart. Any
guidance appreciated on it.
Thanks again,
Shane
Shane Hudella
1SG (Ret.) US Army
President & Founder
United Heroes League
651‐319‐0737
www.UnitedHeroesLeague.org
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