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CITY OF HASTINGS
CITY COUNCIL AGENDA
Monday, August 15, 2022 7:00 p.m.
I. CALL TO ORDER
II. PLEDGE OF ALLEGIANCE
III. ROLL CALL
IV. DETERMINATION OF QUORUM
V. APPROVAL OF MINUTES
Approve Minutes of the City Council regular meeting on August 1, 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. Order Feasibility Study & Authorize Preliminary Project Work – 2023 Neighborhood
Infrastructure Improvements
3. Approve Pay Estimate No. 2 for the 2022 Neighborhood Infrastructure Improvements
– Danner, Inc. ($685,366.66)
4. Approve Pay Estimate No. 3 for the Storage Building – Ebert Construction
($79,576.89)
5. Authorize Signature: Development Agreement – County Crossroads Center 4th
Addition
6. Authorize Signature: Long Term Stormwater Maintenance Agreement – County
Crossroads Center 4th Addition
7. Authorize Signature – Long Term Stormwater Maintenance Agreement – Quality
One
8. Authorize Signature – Grant Contract Agreement – Minnesota Investment Fund –
Intek Plastics
9. Resolution: Approve Block Party Application with Liquor License Amendment for
Hastings Social LLC dba Hastings Tavern & Alley Cat Liquor for a Grand Opening
Event
10. Declare Surplus Property and Authorize for Public Sale – Police Department
11. Declare Surplus Property and Authorize for Public Sale, Donation, or Disposal – Fire
Department
12. Budget Amendment: CP Adams Park
13. 2022 2nd Quarter Financial Report
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
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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.
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
1. Levee Park Space for Permanent Art Display
C. Community Development
1. Resolution: Interim Use Permit – United Heroes League (15211 Ravenna Trail)
2. Heritage Ridge 4th Addition
a. Resolution: Final Plat
b. Authorize Signature: Grading Agreement
D. Public Safety
E. Administration
1. Amendments to 2022 Budget
XI. UNFINISHED BUSINESS
XII. NEW BUSINESS
XIII. REPORTS FROM CITY COMMITTEES, OFFICERS, COUNCILMEMBERS
XIV. ADJOURNMENT
Next Regular City Council Meeting: Tuesday, September 6, 2022 7:00 p.m.
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Hastings, Minnesota
City Council Meeting Minutes
August 1, 2022
The City Council of the City of Hastings, Minnesota met in a regular meeting on Monday, August 1, 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
Police Chief David Wilske
Fire Chief John Townsend
Police Swearing-In
Commander Kyle Linscheid
Chief Wilske introduced Linscheid.
Employee Promotion Introductions
Adam Harklerode, Fire Captain
Chief Townsend introduced Harklerode.
New Employee Introductions
Violet Penman, Solid Waste & Recycling Coordinator
Approval of Minutes
Mayor Fasbender asked if there were any additions or corrections to the minutes of the regular City
Council meeting on July 18, 2022.
Minutes were approved as presented.
Consent Agenda
Councilmember Folch motioned to approve as presented, seconded by Councilmember Braucks.
7 Ayes, 0 Nays
1. Pay Bills as Audited
2. Resolution No. 08-01-22: Accept Donation from the McNamara Family to the Parks and
Recreation Department for Memorial Bench
3. Resolution No. 08-02-22: Accept Donation from Fleet Farm to the Parks and Recreation
Department for National Night Out
4. Resolution No. 08-03-22: Accept Donation from the Hastings Area Chamber of Commerce and
Tourism Bureau to the Hastings Police Department’s Police Reserve Program
5. Resolution No. 08-04-22: Accept Donation from the Hastings Fire Department Relief Association
to Purchase a Utility Task Vehicle (UTV) and Trailer
6. Resolution No. 08-05-22: Accept Donation from the Miesville Lions Club to the Parks and
Recreation Department for the Score Board at the Hastings Civic Arena
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7. Resolution No. 08-06-22: Accept Donation from the Berndt Family to the Parks and Recreation
Department for a Memorial Bench
8. Resolution No. 08-07-22: Approve Street Closure Application from 2nd Street Depot Bar & Grill
with Liquor License Amendment
9. Resolution No. 08-08-22: Approve Additional Election Judges for the 2022 Primary Election
10. Water Service Repair Assessment Request
11. Approve Lease Agreement Amendment for Wireless Carrier Generator Installation – AT&T
12. Authorize Signature: Contract for Services – Precision Landscaping and Construction
13. Authorize Signature: Joint Powers Agreement – Social Services Embedded Social Worker &
Public Safety
14. Schedule A Special City Council Meeting to Canvass 2022 Primary Election Results
Edible Cannabinoids
Wietecha introduced the reason that this topic is on the agenda due to recent state legislation allowing
the sale of certain edibles infused with THC. Cities are approaching this topic from many directions such as
certain licensing or through zoning. Wietecha asked if Council is interested in sending this topic to the Public
Safety Committee of Council.
Council discussion on guidance on the recent legislation and resources on the League of Minnesota’s
website. Councilmember Folch shared information found from the League of Minnesota’s website. Folch
discussed how these considerations could affect pre-employment drug testing. Folch shared the opportunity for
taxation on items as well as police enforcement on the topic. Councilmember Lund asked if the Public Safety
Advisory Commission could take an initial look at the topic to discuss. Mayor Fasbender asked if there is a
timeframe we are facing with deciding on this topic. Councilmember Vaughan questioned if there will be
additional regulations on establishments already selling these products. Attorney Land shared her background
with this topic in her work with other cities. Land indicated that the law has no regulations around it and that
the community would determine if there should be any regulation. Councilmember Braucks indicated the
Public Safety Advisory Commission can look into details on licensing, restrictions, age requirements, and
license limits. Councilmember Fox shared thoughts on bringing the topic straight to the Public Safety
Committee for initial review versus the Public Safety Advisory Commission. Councilmember Vaughan
expressed his support for sending this topic to the Commission to ensure public feedback is received. Vaughan
clarified these establishments are already selling these products legally and shared hopes that the Commission
will take all that into account when reviewing this topic. Councilmember Folch shared that a subgroup from
the League of Minnesota Cities - Improving Service Delivery team is looking specifically at recommendations
to bring to their next meeting. Councilmember Leifeld shared local businesses are confused on what they are
able to sell and how they are able to sell those products.
Councilmember Lund motioned to send to the Public Safety Advisory Commission, seconded by
Councilmember Leifeld.
4 Ayes, 3 Nays (Leifeld, Fox, Folch)
Resolution No. 08-09-22: Approve Small Brewer Off – Sale 128 Ounces Per Day License for Spiral
Brewery
Murtaugh presented the application for Spiral Brewery following the recent liquor ordinance
amendment allowing small brewers to seek a license for off-sale of up to 128 ounces per customer per day.
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Councilmember Fox indicated she would abstain from the vote due to a conflict of interest. No
additional Council discussion.
Councilmember Leifeld motioned to approve as presented, seconded by Councilmember Braucks.
6 Ayes, 0 Nays, 1 Abstain (Fox)
Announcements
• We have a new name change with Allina Health this month: the hospital is now United Hospital –
Hastings Regina Campus.
• National Night Out is an annual community-building event. Please join us tomorrow Tuesday, August
2, at Lions Park or in local neighborhood gatherings.
• Summer Rec Programs at Levee Park…
o Thursday, August 4, Music in the Park with “Sumo Seven.” Supported by the Ruth and
George Doffing Charitable Fund.
o Thursday, August 11, Music in the Park with “Top Shelf.” Supported by the Ruth and George
Doffing Charitable Fund.
o Friday, August 12, Movies in the Park with “Onward.” Sponsored by Ardent Mills. Please
bring a non-perishable food donation for Hastings Family Service.
o Wednesday, August 17, Storytime in the Park is “Dinos.” Recommended for ages 10 and
under. A partnership with Pleasant Hill Library.
• The Parks & Recreation and Police Departments are partnering with the Hastings Prescott Area Arts
Council to serve up fun for tweens and teens. This month the Rec + Art + Police event will be
Wednesday, August 10, at Roadside Park. Sponsored by SC Toys and Country Financial.
• Support area makers and artisans at the Makers Alleyway Market on Thursdays throughout the month
of August.
• Saturday, August 13, Bike with a Ranger: Ride the 10 Mile Loop guided by a Park Ranger. Learn
history and wildlife fun facts. Bring your bicycle and helmet. Recommended for teens and adults. Free
but registration is required.
Meetings
• Public Arts Task Force on Wednesday, August 3, 2022 at 6:00 p.m.
• Administration Committee of City Council on Friday, August 5, 2022 at 7:30 a.m.
• Planning Commission Meeting on Monday, August 8, 2022 at 7:00 p.m.
• Parks and Recreation Commission Meeting on Tuesday, August 9, 2022 at 7:00 p.m.
• City Council – Canvass Primary Election Results on Thursday, August 11, 2022 at 4:30 p.m.
• HEDRA on Thursday, August 11, 2022 at 6:00 p.m.
• City Council Meeting on Monday August, 15, 2022 at 7:00 p.m.
Councilmember Braucks motioned to adjourn the meeting at 7:39 PM, seconded by Councilmember
Leifeld. Ayes 7; Nays 0.
____________________________ ______________________________
Kelly Murtaugh, City Clerk Mary D. Fasbender, Mayor
City Council Memorandum
To: Mayor Fasbender & City Council Members
From: Connie Lang – Accountant
Date: 08/11/2022
Item: Disbursements
Council Action Requested:
Staff requests:
Council review of July 2022 CenterPoint & Xcel payments.
Council review of weekly routine disbursements issued 08/09/2022.
Council approval of routine disbursements, capital purchases and employee reimbursements to be issued 08/16/2022.
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:
July 2022 Xcel Payments $ 51,212.32
July 2022 CenterPoint Payment $ 6,182.40
Disbursement Checks, EFT on 08/09/2022 $ 299,954.30
Disbursement Checks & EFT to be issued on 08/16/2022 $ 1,009,321.42
Advisory Commission Discussion: N/A
Council Committee Discussion: N/A
Attachments: ● Disbursement Reports
VIII-01
Xcel Acct #Amount Date Paid Account #
51-6960208-0 1,638.75 12-Jul 101-140-1404-6343
51-8110141-1 381.17 12-Jul 101-140-1407-6343
51-6960219-3 62.42 11-Jul 101-201-2016-6343
51-6960210-4 128.32 12-Jul 101-300-3100-6343
51-6960210-4 641.61 12-Jul 101-301-3200-6343
51-0011278454-9 42.71 12-Jul 101-302-3201-6343
51-0263715-0 270.00 13-Jul 101-302-3201-6343
51-6960218-2 14,129.37 20-Jul 101-302-3201-6343
51-6960215-9 2,629.53 8-Jul 200-401-4440-6343
51-0010048093-4 16.39 12-Jul 200-401-4440-6343
51-0011082067-5 150.57 12-Jul 200-401-4440-6343
51-6960220-6 858.87 11-Jul 200-401-4447-6343
51-6960209-1 4,702.18 28-Jul 201-401-4240-6343
51-6960214-8 955.26 11-Jul 213-210-2100-6343
51-7216831-9 458.86 12-Jul 220-450-4160-6343
51-6960216-0 12,335.91 30-Jun 600-300-3300-6343
51-6960210-4 513.29 12-Jul 600-300-3300-6343
51-6960216-0 4,311.83 3-May 600-300-3302-6343
51-6960217-1 1,313.33 8-Jul 601-300-3400-6343
51-6960212-6 5,671.95 1-Jul 620-300-3500-6343
Total 51,212.32
July 2022 Xcel Payments
VIII-01
Police 101-140-1403-6345 86.99
City Hall 101-140-1404-6345 579.51
City Storage 101-140-1407-6345 122.06
Alt Learning Ctr 101-401-4143-6345 109.34
Parks 200-401-4440-6345 499.67
Jt Maint 200-401-4447-6345 599.08
Pool 201-401-4240-6345 66.42
Fire 213-210-2100-6345 589.18
Le Duc 220-450-4160-6345 347.38
Water 600-300-3300-6345 492.10
Water 600-300-3302-6345 161.23
Garage 601-300-3400-6345 334.16
Arena 615-401-4103-6345 2,195.28
TOTAL 6,182.40
Centerpoint Pymts
July-22
VIII-01
08-04-2022 11:24 AM Council Report AUG 9TH PYMTS, 2022 PAGE: 1
DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_
NON-DEPARTMENTAL GENERAL HASTINGS AREA CHAMBER/COM LODGING TAX JUNE 22 7,769.68_
TOTAL: 7,769.68
COUNCIL & MAYOR GENERAL CENTURY LINK PHONES 8.14_
TOTAL: 8.14
ADMINISTRATION GENERAL INNOVATIVE OFFICE SOLUTIONS, LLC OFFICE SUPPLIES 380.63
OFFICE SUPPLIES 19.27
OFFICE SUPPLIES 122.71
CENTURY LINK PHONES 168.28
CITYGATE ASSOCIATES, LLC HFD STUDY 3,205.13_
TOTAL: 3,896.02
CITY CLERK GENERAL I/O SOLUTIONS, INC. INTEGRITY INVENTORY 319.00
CENTURY LINK PHONES 24.42_
TOTAL: 343.42
FINANCE GENERAL CENTURY LINK PHONES 65.12_
TOTAL: 65.12
FACILITY MANAGEMENT GENERAL BRIKK MECHANICAL LLC. PW AND PD RPZ TEST 125.00
CENTURY LINK PHONES 111.30
DAKOTA COUNTY TREAS-AUDITOR JUNE 2022 FUEL 82.88
DALCO CAN LINERS 58.27
CAN LINERS 58.27
TERRYS HARDWARE, INC. PD BOILERS 5.99
CH PATCHER 26.47_
TOTAL: 468.18
COMMUNITY DEVELOPMENT GENERAL CENTURY LINK PHONES 24.42_
TOTAL: 24.42
I.T. GENERAL CENTURY LINK PHONES 24.42
PARAGON DEVELOPMENT SYSTEMS INC ARUBA MAINTENANCE 985.93
DAKOTA COUNTY TREAS-AUDITOR JUNE 2022 FUEL 0.00_
TOTAL: 1,010.35
POLICE GENERAL DAKOTA COMMUNICATIONS CENTER DCC FEE / 2022 SEPT 17,261.34
CENTURY LINK PHONES 185.89
STATE OF MINNESOTA POTENTIALLY DEADLY DOG HEA 3,716.66
DAKOTA COUNTY TREAS-AUDITOR JUNE 2022 FUEL 4,828.03
DAKOTA ELECTRIC ASSN ELECTRIC 18.05
ITL PATCH & MONOGRAM HPD BADGES/PATCHES 354.50_
TOTAL: 26,364.47
BUILDING & INSPECTIONS GENERAL CENTURY LINK PHONES 40.70
PHONES 8.14
DAKOTA COUNTY TREAS-AUDITOR JUNE 2022 FUEL 273.50
JUNE 2022 FUEL 0.00_
TOTAL: 322.34
PUBLIC WORKS GENERAL BRIKK MECHANICAL LLC. PW AND PD RPZ TEST 300.00
CENTURY LINK PHONES 40.70
FOCUS ENGINEERING, INC. JULY 22 MONTHLY 9,463.75
JULY 22 MONTHLY 706.25
JULY 22 MONTHLY 2,034.00
VIII-01
08-04-2022 11:24 AM Council Report AUG 9TH PYMTS, 2022 PAGE: 2
DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_
NAPA AUTO PARTS BLOWER MOTOR RESISTOR 20.42
MUFFLER SEALER 6.23
DAKOTA COUNTY TREAS-AUDITOR JUNE 2022 FUEL 252.81
ELECTRO WATCHMAN, INC PW PANEL UPDATES 25.00_
TOTAL: 12,849.16
PUBLIC WORKS STREETS GENERAL STANTEC CONSULTING SERVICES INC. CR 46 PRV RELOCATION 363.50
CENTURY LINK PHONES 138.22
FOCUS ENGINEERING, INC. JULY 22 MONTHLY 1,610.25
JULY 22 MONTHLY 508.50
SIR LINES-A-LOT, LLC LONG LINE MARKING + SYMBOL 1,840.35
NORTHWEST ASPHALT & MAINTENANCE 2022 CRACK SEAL PROGRAM 8,866.60
MIDWEST MACHINERY CO BEZEL 60.78
DAKOTA COUNTY TREAS-AUDITOR JUNE 2022 FUEL 5,011.38
I-STATE TRUCK CTR\INTERSTATE POWER SYS BRAKE CHAMBER CREDIT 95.72-
TOTAL: 18,303.86
PUBLIC WORKS STR. LIGH GENERAL CENTURY LINK LEVEE PARK BROADBAND 143.02_
TOTAL: 143.02
PARKS & RECREATION PARKS CENTURY LINK PHONES 223.93
CAAM CHINESE DANCE THEATER PERFORMANCE IN THE PARK AU 1,000.00_
TOTAL: 1,223.93
PARKS & RECREATION AQUATIC CENTER CENTURY LINK PHONES 160.14
W.W. GRAINGER, INC. POOL - FLOW SWITCH KIT 316.12_
TOTAL: 476.26
CABLE CABLE ACCESS HASTINGS ACCESS CORP. Q2 2022 ACCESS SUPPORT 86,426.86_
TOTAL: 86,426.86
HERITAGE PRESERVATION HERITAGE PRESERVAT CENTURY LINK PHONES 8.14_
TOTAL: 8.14
FIRE FIRE & AMBULANCE DAKOTA COMMUNICATIONS CENTER DCC FEE / 2022 SEPT 8,630.66
IMAGE TREND, INC. MONTHLY FEE 675.00
PHASE 2 MONTHLY 281.39
SHRED-N-GO, INC. SHREDDING SERVICE 74.08
CENTURY LINK PHONES 400.35
GOT BRAKES LLC UTILITY VEH 1 REPAIR 84.04
DAKOTA COUNTY TREAS-AUDITOR JUNE 2022 FUEL 1,790.25
EMERGENCY APPARATUS MAINT ENGINE 2 REPAIR 2,358.37
I-STATE TRUCK CTR\INTERSTATE POWER SYS ENGINE 4 REPAIR 4,934.34
TERRYS HARDWARE, INC. STATION SUPPLIES 19.96_
TOTAL: 19,248.44
AMBULANCE FIRE & AMBULANCE McKESSON MEDICAL-SURGICAL GOV. SOLUTIO MEDICAL SUPPLIES 1,689.82
DAKOTA COUNTY TREAS-AUDITOR JUNE 2022 FUEL 1,872.43
LINDE GAS & EQUIPMENT INC. OXYGEN 1,277.14
OXYGEN 189.90_
TOTAL: 5,029.29
ECONOMIC DEVELOPMENT HEDRA CENTERPOINT ENERGY HEAT 412 VERMILLION 18.00_
TOTAL: 18.00
NON DEPARTMENTAL PW Cold Storage Bu WSB & ASSOCIATES INC PW COLD STORAGE BLDG 5,772.50
VIII-01
08-04-2022 11:24 AM Council Report AUG 9TH PYMTS, 2022 PAGE: 3
DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_
FOCUS ENGINEERING, INC. JULY 22 MONTHLY 1,695.00
ISG PW STORAGE BLDG CONST 3,619.38_
TOTAL: 11,086.88
PUBLIC WORKS 2022 IMPROVEMENTS WSB & ASSOCIATES INC PROJECTS JULY 22 4,389.25
PROJECTS JULY 22 1,988.50
FOCUS ENGINEERING, INC. JULY 22 MONTHLY 2,175.25
TAFT STETTINIUS & HOLLISTER LLP 2022A ISSUANCE EXPENSE 17,000.00_
TOTAL: 25,553.00
DEBT 2018 G O DEBT U.S. BANK 2018A PAYING AGENT FEE 550.00_
TOTAL: 550.00
NON-DEPARTMENTAL WATER MISCELLANEOUS V LAUDER, JUSTIN 01-724000-01 22.82
DAMSGARD, JOHN 06-322000-00 1.36
INMAN, KENT 07-285000-00 78.48
ALBARES, NEIL 11-023000-03 7.53
OLSON, DAVID/KIMBERL 12-805000-03 6.06
LOCHNER, TINA 12-831000-01 7.62_
TOTAL: 123.87
PUBLIC WORKS WATER IN CONTROL, INC. ENGINEERING SERVICES WTP 660.00
BAUER SERVICES WATER REPLACEMENT 514 TIFF 7,500.00
CENTURY LINK PHONES 130.08
FOCUS ENGINEERING, INC. JULY 22 MONTHLY 3,503.00
CORE & MAIN LP METERS 10,869.60
COUPLINGS, WASHERS 724.50
DAKOTA COUNTY TREAS-AUDITOR JUNE 2022 FUEL 1,990.26
DAKOTA ELECTRIC ASSN ELECTRIC 60.99
GOPHER STATE ONE-CALL INC LOCATES - JULY 348.30
GRAPHIC DESIGN WINDOW SECURITY ENVELOPES 780.00
UTILITY BILLING STATEMENTS 292.67
UTILITY BILLING STATEMENTS 1,377.74_
TOTAL: 28,237.14
PUBLIC WORKS WASTEWATER FOCUS ENGINEERING, INC. JULY 22 MONTHLY 452.00
DAKOTA COUNTY TREAS-AUDITOR JUNE 2022 FUEL 0.00
DAKOTA ELECTRIC ASSN ELECTRIC 95.56
ELECTRIC 47.88
GRAPHIC DESIGN WINDOW SECURITY ENVELOPES 780.00
UTILITY BILLING STATEMENTS 292.67_
TOTAL: 1,668.11
PUBLIC WORKS STORM WATER UTILIT FOCUS ENGINEERING, INC. JULY 22 MONTHLY 226.00
GRAPHIC DESIGN WINDOW SECURITY ENVELOPES 780.00
UTILITY BILLING STATEMENTS 292.66_
TOTAL: 1,298.66
PARKS & RECREATION ARENA CENTURY LINK PHONES 71.91
USS MN V MT LLC HUBERS SOLAR GARDEN 12,941.38
USS MN VII MT LLC WILDCAT SOLAR GARDEN JUNE 1,538.75_
TOTAL: 14,552.04
PUBLIC WORKS HYDRO ELECTRIC USS MN VII MT LLC WILDCAT SOLAR GARDEN JUNE 6,899.77
K.R. WEST CO. INC. OIL SAMPLING 108.00
L & S ELECTRIC MOTOR REPAIR JOB 10,344.73
VIII-01
08-04-2022 11:24 AM Council Report AUG 9TH PYMTS, 2022 PAGE: 4
DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_
_______________
TOTAL: 17,352.50
NON-DEPARTMENTAL ESCROW - DEV/ENG/T WSB & ASSOCIATES INC PROJECTS JULY 22 2,352.25
PROJECTS JULY 22 97.00
PROJECTS JULY 22 291.00
PROJECTS JULY 22 10,645.75
FOCUS ENGINEERING, INC. JULY 22 MONTHLY 423.75
JULY 22 MONTHLY 113.00
JULY 22 MONTHLY 56.50
JULY 22 MONTHLY 367.25
JULY 22 MONTHLY 282.50
JULY 22 MONTHLY 536.75
JULY 22 MONTHLY 367.25_
TOTAL: 15,533.00
=============== FUND TOTALS ================
101 GENERAL 71,568.18
200 PARKS 1,223.93
201 AQUATIC CENTER 476.26
206 CABLE ACCESS 86,426.86
210 HERITAGE PRESERVATION 8.14
213 FIRE & AMBULANCE 24,277.73
407 HEDRA 18.00
416 PW Cold Storage Building 11,086.88
482 2022 IMPROVEMENTS 25,553.00
578 2018 G O DEBT 550.00
600 WATER 28,361.01
601 WASTEWATER 1,668.11
603 STORM WATER UTILITY 1,298.66
615 ARENA 14,552.04
620 HYDRO ELECTRIC 17,352.50
807 ESCROW - DEV/ENG/TIF-HRA 15,533.00
--------------------------------------------
GRAND TOTAL: 299,954.30
--------------------------------------------
TOTAL PAGES: 4
VIII-01
08-10-2022 02:26 PM Council Report AUG 16TH PYMTS, 2022 PAGE: 1
DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_
NON-DEPARTMENTAL GENERAL METROPOLITAN COUNCIL ENVIRONMENTAL SER JULY 2022 SAC 9,840.60_
TOTAL: 9,840.60
COUNCIL & MAYOR GENERAL LISA A LEIFELD LMC CONFERENCE REIMBURSE 207.09
LMC CONFERENCE REIMBURSE 160.00_
TOTAL: 367.09
ADMINISTRATION GENERAL SUN LIFE ASSUANCE COMPANY OF CANADA SEPT 2022 LTD PREMIUM 22.10_
TOTAL: 22.10
CITY CLERK GENERAL MARTIN-MCALLISTER CONSULTING PERSONNEL EVALS 3,100.00
SUN LIFE ASSUANCE COMPANY OF CANADA SEPT 2022 LTD PREMIUM 13.20
SEPT 2022 LTD PREMIUM 46.47
MINNESOTA OCCUPATIONAL HEALTH EMPLOYEE TESTS 169.00
GOODHIRE SERVICES 420.25
MENARDS FC SUPPLIES 319.98_
TOTAL: 4,068.90
FINANCE GENERAL SUN LIFE ASSUANCE COMPANY OF CANADA SEPT 2022 LTD PREMIUM 63.78
DAKOTA COUNTY PROPERTY RECORDS 2022 TRUTH IN TAXATION 1,560.84_
TOTAL: 1,624.62
LEGAL GENERAL LEVANDER, GILLEN & MILLER, P.A. MONTHLY LEGAL FEES 2,250.00
MONTHLY LEGAL FEES 255.00
MONTHLY LEGAL FEES 15.00
MONTHLY LEGAL FEES 165.00
MONTHLY LEGAL FEES 150.00
MONTHLY LEGAL FEES 30.00
MONTHLY LEGAL FEES 15.00
MONTHLY LEGAL FEES 80.50_
TOTAL: 2,960.50
FACILITY MANAGEMENT GENERAL SUN LIFE ASSUANCE COMPANY OF CANADA SEPT 2022 LTD PREMIUM 11.62
HOMETOWN ACE HARDWARE F.C. BLACK OXIDE BIT SET 65.07
HASTINGS FIRE & SAFETY PD FIRE EXTINGUISHER CHECK 288.25
FD FIRE EXTINGUISHER CHECK 344.00
CH FIRE EXTINGUISHER CHECK 100.00
COLD STORAGE FIRE EXTINGUI 30.00
F.C. EXTINGUISHER HOOKS 70.00
ECOLAB PEST ELIMINATION DIVISION PD PEST CONTROL 90.28
JAYTECH, INC. CH BOILERS 162.24
MENARDS FC SUPPLIES 56.20
TERRYS HARDWARE, INC. FC SUPPLIES 37.97_
TOTAL: 1,255.63
COMMUNITY DEVELOPMENT GENERAL SUN LIFE ASSUANCE COMPANY OF CANADA SEPT 2022 LTD PREMIUM 18.83
DAKOTA COUNTY PROPERTY RECORDS RECORDING VARIANCE 46.00_
TOTAL: 64.83
I.T. GENERAL LOGIS/LOCAL GOVERNMENT INFORMATION SYS 2 ENTRUST TOKENS 30.00
SUN LIFE ASSUANCE COMPANY OF CANADA SEPT 2022 LTD PREMIUM 49.99
KONECTA LLC CELL AMPLIFICATION - PARKS 3,422.00_
TOTAL: 3,501.99
POLICE GENERAL LOGIS/LOCAL GOVERNMENT INFORMATION SYS AUG 22 BILL 3,209.00
ADVANCED GRAPHIX HPD WINDOW DECAL 25.00
VIII-01
08-10-2022 02:26 PM Council Report AUG 16TH PYMTS, 2022 PAGE: 2
DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_
SQUAD 1420 DECALS 364.50
SUN LIFE ASSUANCE COMPANY OF CANADA SEPT 2022 LTD PREMIUM 586.65
SHRED RIGHT SHRED RIGHT - JULY 2022 15.00
RIVER BLUFF HUMANE SOCIETY ANIMAL CONTROL-BLACK&TAN D 80.00
CASE #22001364 ANIMAL CONT 80.00
CASE #22001376 ANIMAL CONT 80.00
CASE #HA22001264 ANIMAL CO 80.00
CASE #22001229 ANIMAL CONT 80.00
CASE #22001113 ANIMAL CONT 80.00
CASE #22000782 ANIAML CONT 80.00
CASE #HA22000707 ANIMAL CO 80.00
CASE #22000812 ANIMAL CONT 160.00
CASE #22000808 ANIMAL CONT 300.00
CASE #22000953 ANIMAL CONT 80.00
MARIE RIDGEWAY LICSW LLC THERAPY 620.00
TROPHIES PLUS CITIZEN'S AWARD 23.00
HASTINGS VEHICLE REGIS. REGISTRATION - 97 POLARIS 6.00
SOUTH EAST TOWING OF HASTINGS INC AUG 2022 LOT RENT 195.00_
TOTAL: 6,224.15
BUILDING & INSPECTIONS GENERAL SUN LIFE ASSUANCE COMPANY OF CANADA SEPT 2022 LTD PREMIUM 64.30
SEPT 2022 LTD PREMIUM 14.77
KLETSCHKA INSPECTIONS, LLC ELECTRICAL INSPECTIONS 3,007.20
MISCELLANEOUS V GWT MOBILE HOMES GWT MOBILE HOMES : REFUNDS 750.00_
TOTAL: 3,836.27
PUBLIC WORKS GENERAL SUN LIFE ASSUANCE COMPANY OF CANADA SEPT 2022 LTD PREMIUM 39.83_
TOTAL: 39.83
PUBLIC WORKS STREETS GENERAL ROAD EQUIPMENT PARTS CENTER AIR FILTER, PANEL AIR, ELE 162.93
FUEL FILTERS 20.50
LUBE FILTER 6.28
PRECISE MOBILE RESOURCE MGMT. LLC DATA PLAN 180.00
SUN LIFE ASSUANCE COMPANY OF CANADA SEPT 2022 LTD PREMIUM 68.62
HOMETOWN ACE HARDWARE PRIMERSPRAY 8.92
NAPA AUTO PARTS RESISTOR 20.42
BATTERY/CABLE 8.41
PERMATEX 6.23
SIR LINES-A-LOT, LLC PARKING LOT MARKINGS 171.00
OUTLAW IRON LAWN CARE LLC MOWING CONTRACT JULY 22 1,800.00
BRAUN INTERTEC CONST. MATERIAL TESTING 20 330.00
W.W. GRAINGER, INC. RADIAL BEARING NYLON 24.44
RDO CONSTRUCTION EQUIPMENT CO. CAP CREDIT, PLUG 2.02
TERRYS HARDWARE, INC. DOZER HOLE SAW 22.98
FOAM, CLEANER, FASTENERS 16.80
ROPE 2.16
UNLIMITED SUPPLIES INC. CONNECTORS, TIES, ETC 325.78_
TOTAL: 3,177.49
PUBLIC WORKS STR. LIGH GENERAL MIDWEST ELECTRICAL CONSTRUCTION TH61/14TH ST PHOTOCELL 240.00
OLIVERS GROVE REPAIRS 240.00
STREET & TRAIL LIGHT REPAI 4,320.00
TRAFFIC SIGN REPLACEMENT 240.00
MASTER SWITCH MAYFLIES 1,080.00
ECHELON LIGHTING SYSTEM 2,280.00
DAKOTA ELECTRIC ASSN ELECTRIC 2,825.03
VIII-01
08-10-2022 02:26 PM Council Report AUG 16TH PYMTS, 2022 PAGE: 3
DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_
_______________
TOTAL: 11,225.03
PARKS & RECREATION GENERAL HASTINGS SCHOOL DISTRICT #200 AUG 22 TILDEN COST SHARING 2,500.00_
TOTAL: 2,500.00
NON-DEPARTMENTAL PARKS MANSFIELD OIL COMPANY 800 GALS DIESEL 3,348.56
1100 GALS GAS 3,704.27
MISCELLANEOUS V JALEN SNEDDEKER JALEN SNEDDEKER : VBALL RF 2.99_
TOTAL: 7,055.82
PARKS & RECREATION PARKS CENTRAL TURF & IRRIGATION SUPPLY IRRIGATION SUPPLIES 282.20
CRESCENT ELECTRIC SUPPLY COMPANY RELAY FOR JMF LIGHTS 133.48
SUN LIFE ASSUANCE COMPANY OF CANADA SEPT 2022 LTD PREMIUM 139.15
HOMETOWN ACE HARDWARE MISC SUPPLIES 20.22
IRRIGATION SUPPLIES 106.33
IRRIGATION SUPPLIES 23.84
MISC NOTIONS 2.00
SUPPLIES FOR LEVEE 145.45
COLE PAPERS, INC. BAGS FOR PARKS 463.90
BAGS FOR PARKS 635.50
TROPHIES PLUS BENCH PLATE REPLACEMENT 20.00
LAURA LAUBER VOLLEYBALL REF 125.00
MADISEN ZEIEN VOLLEYBALL REF 125.00
MICHAEL A. PATRICK SOFTBALL UMP 264.00
MICHAEL E OBRIEN SOFTBALL UMP 84.00
MIDSTATE PLUMBING & HEATING INC VETS BATHROOM REPAIRS 2,120.78
THIERRY AUGE SOFTBALL UMP 252.00
FISCHER, STEVE SOFTBALL UMP 122.00
GERLACH, ANNA VOLLEY BALL REF 250.00
DANIEL JAMES PETERS SOFTBALL UMP 280.00
HASTINGS FIRE & SAFETY SERVICE TRIP 210.00
BARNUM GATE SERVICES INC SOUTH GATE JMF REPAIRS 1,692.78
MISCELLANEOUS V JALEN SNEDDEKER JALEN SNEDDEKER : VBALL RF 42.01
FERGUSON ENTERPRISES INC WIRE NUTS 19.09
HOFFMAN-MCNAMARA TREE FOR POOL 171.00
TERRYS HARDWARE, INC. IRRIGATION SUPPLIES 36.75
SHOP SUPPLIES 44.93
IRRIGATION SUPPLIES 198.15
LIONS REPAIRS 49.98
VIKING ELECTRIC SUPPLY RELAYS FOR JMF 227.52
WERNER IMPLEMENT CO INC CLAM BUCKET HOSE REPAIR 46.36_
TOTAL: 8,333.42
PARKS & RECREATION AQUATIC CENTER INNOVATIVE OFFICE SOLUTIONS, LLC WRISTBANDS 236.00
LOGO LANYARDS 333.74
STEEL CLEANER 24.16
GLOVES 79.68
BIOHAZARD BAGS 98.70
HORIZON COMMERCIAL POOL SUPPLY CHEMICAL 1,228.05
CHEMICAL 3,843.70
CHEMICAL 1,446.55
FAUSTINI, THERESA GENERAL PARTY SUPPLIES - R 47.45
HOMETOWN ACE HARDWARE FASTENERS 14.86
HASTINGS FIRE & SAFETY POOL SERVICE 163.00
DALCO SANITARY NAPKIN BAGS 81.70
GLASS & TOILET CLEANER 136.37
VIII-01
08-10-2022 02:26 PM Council Report AUG 16TH PYMTS, 2022 PAGE: 4
DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_
TOILET PAPER 133.48
1ST LINE BEVERAGES INC. SLUSHY BASE AND FLAVORING 526.25
RECREATION SUPPLY COMPANY BOLTS FOR LADDERS 65.43
SYSCO, MINNESOTA FOOD FOR CONCESSIONS 576.23
FOOD FOR CONCESSIONS 497.02
FOOD FOR CONCESSIONS 673.75
FOOD FOR CONCESSIONS 818.33
FOOD FOR CONCESSIONS 849.03_
TOTAL: 11,873.48
CABLE CABLE TV SUN LIFE ASSUANCE COMPANY OF CANADA SEPT 2022 LTD PREMIUM 2.33_
TOTAL: 2.33
HERITAGE PRESERVATION HERITAGE PRESERVAT SUN LIFE ASSUANCE COMPANY OF CANADA SEPT 2022 LTD PREMIUM 4.43_
TOTAL: 4.43
FIRE FIRE & AMBULANCE LOGIS/LOCAL GOVERNMENT INFORMATION SYS AUG 22 BILL 318.00
SUN LIFE ASSUANCE COMPANY OF CANADA SEPT 2022 LTD PREMIUM 60.90
NAPA AUTO PARTS SWITCH ROCKER 27.35
UTILITY 1 LAMPS 7.49
TURN SIGNAL SWITCH UTILITY 40.52
TURN SIGNAL SWITCH RETURN 40.52-
SWITCH, SELAER, RETURN 6.05-
ASPEN MILLS C LATCH UNIFORMS 333.83
K NEUMAN - UNIFORMS 134.34
ERNST - UNIFORMS 265.28
NAPPER UNIFORMS 181.66
NELSON UNIFORM 369.28
GAYLOR - UNIFORMS 60.65
ERICKSON UNIFORMS 131.89
SUCHY - UNIFORMS 118.63
HECK UNIFORMS 194.85
D LATCH - UNIFORMS 206.62
KWIATKOWSKI - UNIFORMS 386.79
D LATCH UNIFORMS 190.28
GRAPHIC DESIGN INSPECTION NOTICES 116.00
MN FIRE SERVICE CERT.BRD HAZMAT EXAM 1,080.00_
TOTAL: 4,177.79
AMBULANCE FIRE & AMBULANCE SUN LIFE ASSUANCE COMPANY OF CANADA SEPT 2022 LTD PREMIUM 245.20
McKESSON MEDICAL-SURGICAL GOV. SOLUTIO MEDICAL SUPPLIES 78.05
EXPERT BILLING, LLC 177 AMB BILLS 4,956.00
BOYER FORD TRUCKS/DBA ALLIANCE AIR CLEANER MEDIC 3 47.90
MISCELLANEOUS V STEVEN KAISER STEVEN KAISER : AMB REFUND 700.00
RONALD DIERLAM RONALD DIERLAM : AMB REFUN 100.00
LINDE GAS & EQUIPMENT INC. OXYGEN 189.90_
TOTAL: 6,317.05
LEDUC LEDUC HISTORIC EST SUN LIFE ASSUANCE COMPANY OF CANADA SEPT 2022 LTD PREMIUM 2.05
HASTINGS FIRE & SAFETY LD FIRE EXTINGUISHER CHECK 90.00_
TOTAL: 92.05
ECONOMIC DEVELOPMENT HEDRA SUN LIFE ASSUANCE COMPANY OF CANADA SEPT 2022 LTD PREMIUM 34.21
RIVER INVESTMENTS INC / BUSTED NUT FACADE IMPROVEMENT GRANT 5,000.00
LEVANDER, GILLEN & MILLER, P.A. MONTHLY LEGAL FEES 589.50
MONTHLY LEGAL FEES 117.00
VIII-01
08-10-2022 02:26 PM Council Report AUG 16TH PYMTS, 2022 PAGE: 5
DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_
RADKE & MOHRHAUSER, LLC FACADE IMPROVEMENT GRANT 4,927.50_
TOTAL: 10,668.21
NON DEPARTMENTAL PW Cold Storage Bu WSB & ASSOCIATES INC PW COLD STORAGE BLD GEOTEC 344.00
EBERT INC. PAY EST #3 PW COLD STORAGE 79,576.89_
TOTAL: 79,920.89
PUBLIC WORKS 2022 IMPROVEMENTS DANNER INC. 2022-1 PAY EST #2 685,366.66_
TOTAL: 685,366.66
PUBLIC WORKS WATER MIDWEST ELECTRICAL CONSTRUCTION GATE REPAIRS 600.00
PRESSURE WASHER INSTALL 2,280.00
TRANSFER SWITCH REPAIR 360.00
GENERATOR REPAIRS WELL 3,5 360.00
SUN LIFE ASSUANCE COMPANY OF CANADA SEPT 2022 LTD PREMIUM 70.63
HOMETOWN ACE HARDWARE BATTERY 7.43
O-RINGS 18.99
BATTERY 7.99
DEHUMIDIFIER 232.49
CORE & MAIN LP METER REGISTERS 333.59
ROBERT CLARK CLARK - CLOTHING 27.96
LEVANDER, GILLEN & MILLER, P.A. MONTHLY LEGAL FEES 75.00
HASTINGS FIRE & SAFETY PW FIRE EXTINGUISHER TESTI 340.00
MCNAMARA WILLIAM MCNAMARA - CLOTHING 79.58
TERRYS HARDWARE, INC. CHAINSAW OIL 29.90_
TOTAL: 4,823.56
PUBLIC WORKS WASTEWATER SUN LIFE ASSUANCE COMPANY OF CANADA SEPT 2022 LTD PREMIUM 50.25
HOMETOWN ACE HARDWARE PUNCH 6.13
MCES SEPT 22 WASTEWATER 132,886.01_
TOTAL: 132,942.39
PUBLIC WORKS STORM WATER UTILIT SUN LIFE ASSUANCE COMPANY OF CANADA SEPT 2022 LTD PREMIUM 51.81_
TOTAL: 51.81
PARKS & RECREATION ARENA HUEBSCH LAUNDRY CO. ENTRY RUG SERVICE 52.35
SUN LIFE ASSUANCE COMPANY OF CANADA SEPT 2022 LTD PREMIUM 30.27
HASTINGS FIRE & SAFETY ARENA SERVICE 175.00
TERRYS HARDWARE, INC. PAINTING SUPPLIES 22.57
VIKING AUTOMATIC SPRINKLER SPRINKLER REPAIRS 605.00_
TOTAL: 885.19
PUBLIC WORKS HYDRO ELECTRIC AVANT ENERGY, INC. ANNUAL/MONTHLY FEES 1,822.17
SUN LIFE ASSUANCE COMPANY OF CANADA SEPT 2022 LTD PREMIUM 6.52
HOMETOWN ACE HARDWARE SIMPLE GREEN CLEANER 24.16
DISTILLED WATER. LUBRICANT 25.07
HASTINGS FIRE & SAFETY HYDRO FIRE EXTINGUISHERS 1,861.13
TERRYS HARDWARE, INC. TIEDOWN, ROPE 57.46
DEGREASER, TOWELS, CUPS 27.96_
TOTAL: 3,824.47
NON-DEPARTMENTAL ESCROW - DEV/ENG/T LEVANDER, GILLEN & MILLER, P.A. MONTHLY LEGAL FEES 127.00
MONTHLY LEGAL FEES 100.50
MONTHLY LEGAL FEES 413.50
MONTHLY LEGAL FEES 702.50
MONTHLY LEGAL FEES 39.00
VIII-01
08-10-2022 02:26 PM Council Report AUG 16TH PYMTS, 2022 PAGE: 6
DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_
MONTHLY LEGAL FEES 82.00
MONTHLY LEGAL FEES 808.34_
TOTAL: 2,272.84
=============== FUND TOTALS ================
101 GENERAL 50,709.03
200 PARKS 15,389.24
201 AQUATIC CENTER 11,873.48
205 CABLE TV 2.33
210 HERITAGE PRESERVATION 4.43
213 FIRE & AMBULANCE 10,494.84
220 LEDUC HISTORIC ESTATE 92.05
407 HEDRA 10,668.21
416 PW Cold Storage Building 79,920.89
482 2022 IMPROVEMENTS 685,366.66
600 WATER 4,823.56
601 WASTEWATER 132,942.39
603 STORM WATER UTILITY 51.81
615 ARENA 885.19
620 HYDRO ELECTRIC 3,824.47
807 ESCROW - DEV/ENG/TIF-HRA 2,272.84
--------------------------------------------
GRAND TOTAL: 1,009,321.42
--------------------------------------------
TOTAL PAGES: 6
VIII-01
City Council Memorandum
To: Mayor Fasbender & City Council Members
From: Ryan Stempski, P.E. – Public Works Director/City Engineer
Date: August 15, 2022
Item: Authorize Project Work – 2023 Neighborhood Infrastructure Improvements
Council Action Requested:
The Council is requested to authorize the Engineering Department to take up the required field data
collection (surveying, pipe condition evaluation, and geotechnical investigation), design work,
preparation of a feasibility report, and an appraised benefits analysis for the 2023 Neighborhood
Improvement Area.
Background Information:
The City’s Capital Street Improvement Plan called for Pleasant Drive from CR 46 to 15th Street and
certain surrounding neighborhoods to be improved in 2023. In our initial stage of review, it was
determined that Pleasant Drive will need a full reconstruction rather than just a street reclamation,
making that project more expensive. We still plan to obtain field data collection for the entire area as
originally called for, but it is more realistic to break the project down into two years. Pleasant Drive from
CR 46 to 15th Street, Old Bridge Lane from Northridge Drive to Pleasant Drive, Southview Drive from
Pleasant Drive to Westview Drive, Southview Place, 18th Court, and Ridgewood Court are proposed to be
improved in 2023. That would leave 17th Street from Meadowview Court to Pleasant Drive, 21st Street
from Highland Drive to Pleasant Drive, Highland Drive from 15th Street to the South End, Brittany Road,
Brooke Lane, and Brooke Court to be completed in 2024. These streets are local and would receive a
street improvement based on results of geotechnical evaluation and the need determined for the
underground utility improvements. Depending on these results and budget limitations, some segments
may shift into 2023 or 2024. Also, it is most cost effective to obtain the required field data collection for
this area at one time to minimize mobilization and realize economies of scale. Obtaining an appraisal
analysis for the entire area will allow for consistent assessment rates in 2023 and 2024 for these
contiguous neighborhoods.
A survey will need to be completed to begin design for these street segments. Water and sanitary sewer
mains will need to be evaluated for their current pipe condition. A geotechnical investigation will have
to be conducted to identify subsurface conditions in order to verify design assumptions and anticipate
construction costs. An appraised benefits analysis will also need to be completed to prepare a
preliminary assessment roll for the project. In order to initiate these improvements, the Council must
direct the preparation of a feasibility report as required by the statutory process for public
improvements that are specially assessed.
Financial Impact:
The costs for surveying, pipe condition assessment, appraised benefits analysis, and geotechnical
investigation will be covered through reimbursement from bonded debt funds when bonds are issued
for construction of the project in 2023. These services will need to be outsourced to consultants,
therefore fee estimates will be obtained and managed within the overall project budget.
VIII-02
Attachments:
2023/2024 Neighborhood Infrastructure Improvements Project Map
VIII-02
P l e a s a n t D r i v e
Highway 55
Ridgewood Ct
County Road 46
O
l
d
B
r
i
d
g
e
L
n S o u t h v i e w D r
18th Ct
15th Street
17th Street
21st Street
H i g h l a n d D r i v e
B r i t t a n y R o a d
B r o o k e L n
Brooke Ct
Prospective Project Areas 2023-2024 - Note Project Limits are Subject to ChangeHastings Neighborhood Reconstruction Program
2023 Proposed Project Streets2024 Proposed Project Streets
VIII-02
City of Hastings
Pay Voucher
Vendor #: 1657 Date:8/4/2022
Vendor name: DANNER, INC.Department:ENG
Remittance Address:843 HARDMAN AVE SO.Ordered by:ENG
SO ST PAUL, MN 55075 Authorized by:
(Signature Required)
Invoice #
Project
#
Inv
Date
Invoice
Sub Total
Invoice Grand
Total Account #
2022-1.2 92 7/31 685,366.66 685,366.66 482-300-3629-6311
-
-
-
-
-
-
-
-
-
-
Voucher Total:685,366.66
Signed: IN BUDGET:YES
City Administrator (over $5,000)NO
Description (40 Characters)
2022-1 PAY EST #2
VIII-03
Quantity Unit Price Amount Quantity Amount Quantity Amount
Pay Estimate #2
Quantity Amount
1 CLEARING TREE 8 700.00$ 5,600.00$ 7 4,900.00$ 2 1,400.00$ 5 3,500.00$
2 GRUBBING TREE 8 150.00$ 1,200.00$ 7 1,050.00$ 2 300.00$ 5 750.00$
3 REMOVE EXISTING GATE VALVE EA 11 600.00$ 6,600.00$ 4 2,400.00$ -$ 4 2,400.00$
4 REMOVE EXISTING HYDRANT & GATE VALVE EA 8 1,200.00$ 9,600.00$ 2 2,400.00$ -$ 2 2,400.00$
5 REMOVE EXISTING STORM SEWER STRUCTURE (ALL DEPTHS & SIZES) EA 28 1,000.00$ 28,000.00$ 21 21,000.00$ 7 7,000.00$ 14 14,000.00$
6 REMOVE EXISTING SANITARY MANHOLE EA 6 600.00$ 3,600.00$ -$ -$ -$
7 REMOVE EXISTING CONCRETE PEDESTRIAN RAMP EA 16 150.00$ 2,400.00$ 9 1,350.00$ -$ 9 1,350.00$
8 SALVAGE AND REINSTALL MAILBOX EA 38 175.00$ 6,650.00$ -$ -$ -$
9 SALVAGE AND REINSTALL CATCH BASIN EA 1 1,500.00$ 1,500.00$ -$ -$ -$
10 SAWCUT EXISTING BITUMINOUS PAVEMENT LF 1240 4.00$ 4,960.00$ -$ -$ -$
11 SAWCUT EXISTING CONCRETE PAVEMENT LF 1430 6.00$ 8,580.00$ -$ -$ -$
12 REMOVE CONCRETE CURB & GUTTER LF 6925 2.75$ 19,043.75$ 3075 8,456.25$ -$ 3075 8,456.25$
13 REMOVE EXISTING STORM SEWER PIPE (ALL DEPTHS & SIZES) LF 366 10.00$ 3,660.00$ 76 760.00$ -$ 76 760.00$
14 REMOVE EXISTING SANITARY SEWER PIPE (ALL DEPTHS & SIZES) LF 100 10.00$ 1,000.00$ -$ -$ -$
15 SAND FILL AND ABANDON SANITARY SEWER SERVICES LF 401 6.00$ 2,406.00$ -$ -$ -$
16 REMOVE EXISTING WATER MAIN (ALL DEPTHS & SIZES) LF 600 7.00$ 4,200.00$ 600 4,200.00$ -$ 600 4,200.00$
17 SALVAGE & REINSTALL FENCE LF 15 55.00$ 825.00$ -$ -$ -$
18 REMOVE CONCRETE SIDEWALK SY 135 9.00$ 1,215.00$ 56 504.00$ -$ 56 504.00$
19 REMOVE CONCRETE DRIVEWAY SY 1715 6.00$ 10,290.00$ 130 780.00$ -$ 130 780.00$
20 REMOVE BITUMINOUS DRIVEWAY PAVEMENT SY 532 5.00$ 2,660.00$ -$ -$ -$
21 REMOVE BITUMINOUS PAVEMENT SY 12998 5.00$ 64,990.00$ 5590 27,950.00$ -$ 5590 27,950.00$
22 SALVAGE RETAINING WALL SF 10 30.00$ 300.00$ -$ -$ -$
23 SUBGRADE PREPARATION OF RECLAIMED SURFACE SY 22720 1.50$ 34,080.00$ 15420 23,130.00$ -$ 15420 23,130.00$
24 COMMON EXCAVATION (EV) CY 7618 17.40$ 132,553.20$ -$ -$ -$
25 COMMON EXCAVATION SIDEWALK (EV) CY 300 15.40$ 4,620.00$ -$ -$ -$
26 HAUL EXCESS RECLAIM MATERIAL (LV) CY 1940 9.60$ 18,624.00$ -$ -$ -$
27 SUBGRADE CORRECTION (EV) CY 2195 14.40$ 31,608.00$ -$ -$ -$
28 SALVAGE & PLACE RECLAIMED BASE MATERIAL (CV) CY 2600 9.60$ 24,960.00$ -$ -$ -$
29 CRUSHED ROCK BORROW MATERIAL (LV) CY 1175 9.00$ 10,575.00$ -$ -$ -$
30 GRANULAR PIPE BEDDING (LV) CY 300 14.70$ 4,410.00$ -$ -$ -$
31 SALVAGE AGGREGATE FROM STOCKPILE (MILLINGS) CY 100 9.60$ 960.00$ -$ -$ -$
32 AGGREGATE BASE CLASS 5 (STREET) TON 10514 7.00$ 73,598.00$ -$ -$ -$
33 AGGREGATE BASE CLASS 5 (TRAIL OR WALK) TON 270 7.00$ 1,890.00$ -$ -$ -$
34 BIT JOINT SAWING AND SEALING LF 12225 3.50$ 42,787.50$ -$ -$ -$
35 JOINT ADHESIVE LF 27315 0.67$ 18,301.05$ -$ -$ -$
36 FULL DEPTH PAVEMENT RECLAMATION - 8-10 INCHES SY 41120 1.17$ 48,110.40$ 33820 39,569.40$ 21500 25,155.00$ 12320 14,414.40$
37 BITUMINOUS MATERIAL FOR TACK COAT GAL 5307 0.35$ 1,857.45$ 120 42.00$ -$ 120 42.00$
38 BITUMINOUS DRIVEWAY SPWEB240B/SPNW230B SY 542 36.00$ 19,512.00$ -$ -$ -$
39 BITUMINOUS WEAR COURSE MIX SPWEB340C (STREET) TON 6594 74.12$ 488,747.28$ -$ -$ -$
40 BITUMINOUS NON WEAR COURSE MIX SPNWB330C (STREET) TON 6594 74.12$ 488,747.28$ 2148 159,209.76$ -$ 2148 159,209.76$
COMPLETED
Total To Date Previous Payments This Pay Period
Request For Payment
Date: 7/31/2022
Project: 2022 Neighborhood Infrastructure Improvements
Contractor: Danner Inc
Request Number: 2
Payment Period: 7/1/2022 - 7/31/2022
ITEM
NO. DESCRIPTION UNIT
ORIGINAL BID
Hastings Project 2022-1 2022 Neighborhood Infrastructure Improvements Page 1 of 4
VIII-03
Quantity Unit Price Amount Quantity Amount Quantity Amount
Pay Estimate #2
Quantity Amount
41 BITUMINOUS WEAR COURSE MIX: SPWEB340B (TRAIL) TON 55 152.00$ 8,360.00$ -$ -$ -$
42 INSTALL MODULAR BLOCK RETAINING WALL SF 10 30.00$ 300.00$ -$ -$ -$
43 15" RCP APRON CL III W/TRASHGUARD EA 1 2,425.00$ 2,425.00$ 1 2,425.00$ -$ 1 2,425.00$
44 21 " RCP APRON CL III W/TRASHGUARD EA 1 3,067.00$ 3,067.00$ 1 3,067.00$ -$ 1 3,067.00$
45 15" RCP DES 3006 CL III LF 988 66.00$ 65,208.00$ 314 20,724.00$ 112 7,392.00$ 202 13,332.00$
46 18" RCP DES 3006 CL III LF 28 200.00$ 5,600.00$ 28 5,600.00$ -$ 28 5,600.00$
47 21" RCP DES 3006 CL III LF 75 114.00$ 8,550.00$ 75 8,550.00$ -$ 75 8,550.00$
48 24" RCP DES 3006 CL III LF 64 124.00$ 7,936.00$ 64 7,936.00$ -$ 64 7,936.00$
49 CONNECT TO EXISTING STORM SEWER STRUCTURE EA 2 1,600.00$ 3,200.00$ -$ -$ -$
50 CONNECT TO EXISTING STORM SEWER EA 37 300.00$ 11,100.00$ 33 9,900.00$ 24 7,200.00$ 9 2,700.00$
51 CONST DRAINAGE STRUCTURE 24" X 36" EA 37 3,286.00$ 121,582.00$ 24 78,864.00$ 13 42,718.00$ 11 36,146.00$
52 CONST DRAINAGE STRUCTURE 4020 48" DIA EA 11 3,987.00$ 43,857.00$ 8 31,896.00$ 3 11,961.00$ 5 19,935.00$
53 REPLACE EXISTING STORM SEWER CASTING EA 2 1,227.00$ 2,454.00$ -$ -$ -$
54 ADJUST FRAME RING AND CASTING (SPECIAL) EA 44 1,227.00$ 53,988.00$ -$ -$ -$
55 HYDRODYNAMIC SEPARATOR EA 2 12,983.00$ 25,966.00$ 2 25,966.00$ -$ 2 25,966.00$
56 SUMP DRAINAGE STRUCUTRE WITH BAFFLE DEVICE (SPECIAL) EA 4 10,925.00$ 43,700.00$ 1 10,925.00$ -$ 1 10,925.00$
57 CONSTRUCT MH OR CB RISER LF 2 800.00$ 1,600.00$ -$ -$ -$
58 GEOTEXTILE FILTER MATERIAL TYPE IV SY 20 4.00$ 80.00$ -$ -$ -$
59 RIP-RAP (ALL SIZES) TON 30 40.00$ 1,200.00$ 30 1,200.00$ -$ 30 1,200.00$
60 CONCRETE STEPS - VERTICAL SURFACE ONLY SF 5 310.00$ 1,550.00$ -$ -$ -$
61 4" CONCRETE SIDEWALK SF 7125 5.50$ 39,187.50$ 6586 36,223.00$ -$ 6586 36,223.00$
62 6" CONCRETE SIDEWALK SF 1650 7.50$ 12,375.00$ 762 5,715.00$ -$ 762 5,715.00$
63 B618 CONCRETE CURB & GUTTER LF 7235 17.75$ 128,421.25$ -$ -$ -$
64 REMOVE & REPLACE EXISTING CURB & GUTTER (ALL TYPES & SIZES) LF 2575 33.50$ 86,262.50$ 2807 94,034.50$ 680 22,780.00$ 2127 71,254.50$
65 6" CONCRETE DRIVEWAY PAVEMENT SY 1715 64.00$ 109,760.00$ 130 8,320.00$ -$ 130 8,320.00$
66 CONCRETE PEDESTRIAN RAMP EA 22 1,280.00$ 28,160.00$ 17 21,760.00$ -$ 17 21,760.00$
67 TRAFFIC CONTROL LS 1 28,500.00$ 28,500.00$ 0.2 5,700.00$ 0.2 5,700.00$ -$
68 CONIFEROUS TREE 6' HT B & B TREE 1 1,000.00$ 1,000.00$ -$ -$ -$
69 DECIDUOUS TREE 2" CAL B & B TREE 1 1,000.00$ 1,000.00$ -$ -$ -$
70 ROCK CONSTRUCTION EXIT EA 15 500.00$ 7,500.00$ 4 2,000.00$ 4 2,000.00$ -$
71 STORM DRAIN INLET PROTECTION EA 82 250.00$ 20,500.00$ 47 11,750.00$ 47 11,750.00$ -$
72 EROSION & SEDIMENT CONTROL LS 1 20,000.00$ 20,000.00$ 0.2 4,000.00$ 0.2 4,000.00$ -$
73 LOAM TOPSOIL BORROW (LV) CY 1430 15.00$ 21,450.00$ -$ -$ -$
74 EROSION CONTROL BLANKETS CATEGORY 4 SY 250 3.25$ 812.50$ -$ -$ -$
75 SEEDING, BLOWN COMPOST SY 14120 4.25$ 60,010.00$ -$ -$ -$
76 4" SOLID LINE PAINT LF 4150 0.35$ 1,452.50$ -$ -$ -$
77 4" BROKEN LINE PAINT LF 500 1.00$ 500.00$ -$ -$ -$
78 TEMPORARY BYPASS PUMPING LS 1 6,000.00$ 6,000.00$ -$ -$ -$
79 CONNECT TO EXISTING SANITARY SEWER STRUCTURE EA 1 2,500.00$ 2,500.00$ 1 2,500.00$ -$ 1 2,500.00$
80 CONNECT TO EXISTING SANITARY SEWER EA 3 1,500.00$ 4,500.00$ -$ -$ -$
ITEM
NO. DESCRIPTION UNIT
ORIGINAL BID COMPLETED
Total To Date Previous Payments This Pay Period
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Quantity Unit Price Amount Quantity Amount Quantity Amount
Pay Estimate #2
Quantity Amount
81 CONNECT TO EXISTING SANITARY SEWER SERVICE EA 35 90.00$ 3,150.00$ -$ -$ -$
82 BULKHEAD EXISTING SAN SEWER EA 2 200.00$ 400.00$ -$ -$ -$
83 4" ON 8" PVC WYE EA 33 200.00$ 6,600.00$ -$ -$ -$
84 LINING SEWER PIPE 8" LF 1660 34.00$ 56,440.00$ -$ -$ -$
85 4" PVC SDR 26 (FOR SERVICES) LF 1230 40.00$ 49,200.00$ -$ -$ -$
86 8" PVC SDR 35 0'-10' LF 1240 32.45$ 40,238.00$ -$ -$ -$
87 8" PVC SDR 35 10'-12' LF 415 34.45$ 14,296.75$ 415 14,296.75$ -$ 415 14,296.75$
88 8" PVC SDR 35 15'-17' LF 319 37.00$ 11,803.00$ -$ -$ -$
89 8" DIP SANITARY SEWER (ALL DEPTHS) LF 10 150.00$ 1,500.00$ 10 1,500.00$ -$ 10 1,500.00$
90 CONSTRUCT 8" INSIDE DROP LF 7 715.00$ 5,005.00$ 7 5,005.00$ -$ 7 5,005.00$
91 TELEVISE SANITARY SEWER LF 3634 1.89$ 6,868.26$ -$ -$ -$
92 REPLACE EXISTING SANITARY SEWER CASTING EA 23 806.00$ 18,538.00$ -$ -$ -$
93 48" DIA. SSMH EA 6 3,325.00$ 19,950.00$ 2 6,650.00$ -$ 2 6,650.00$
94 EXTRA DEPTH MH 10'+ LF 3 337.00$ 1,011.00$ 2 674.00$ -$ 2 674.00$
95 CONNECT TO EXISTING WATERMAIN EA 9 1,600.00$ 14,400.00$ 3 4,800.00$ -$ 3 4,800.00$
96 CONNECT TO EXISTING WATER SERVICE EA 39 90.00$ 3,510.00$ -$ -$ -$
97 RELOCATE HYDRANT EA 2 3,000.00$ 6,000.00$ 3 9,000.00$ 3 9,000.00$ -$
98 1" CORP STOP EA 39 375.00$ 14,625.00$ -$ -$ -$
99 1" CURB STOP AND BOX EA 39 432.00$ 16,848.00$ -$ -$ -$
100 HYDRANT 7.5' BURY W/GATE VALVE EA 9 7,700.00$ 69,300.00$ 3 23,100.00$ -$ 3 23,100.00$
101 REPLACE EXISTING GATE VALVE BOX EA 14 1,063.00$ 14,882.00$ 11 11,693.00$ 11 11,693.00$ -$
102 CURB STOP COVER CASTING EA 2 200.00$ 400.00$ -$ -$ -$
103 ADJUST GATE VALVE SPECIAL - BOLT REPLACEMENT EA 35 825.00$ 28,875.00$ 30 24,750.00$ 30 24,750.00$ -$
104 ADJUST EXISTING GATE VALVE BOX EA 23 600.00$ 13,800.00$ -$ -$ -$
111 6" GATE VALVE & BOX EA 2 2,410.00$ 4,820.00$ 2 4,820.00$ -$ 2 4,820.00$
112 8" GATE VALVE & BOX EA 10 3,155.00$ 31,550.00$ 2 6,310.00$ -$ 2 6,310.00$
113 CURB STOP BOX REPAIR/EXTENSION EA 3 150.00$ 450.00$ -$ -$ -$
114 CONSTRUCT TEMPORARY WATERMAIN & SERVICES LF 3325 6.00$ 19,950.00$ 1025 6,150.00$ -$ 1025 6,150.00$
115 CURB STOP EXTRA DEPTH LF 5 350.00$ 1,750.00$ -$ -$ -$
116 1" TYPE K COPPER W/FITTINGS LF 1535 45.00$ 69,075.00$ -$ -$ -$
117 6" C-900 PVC W/FITTINGS LF 206 65.00$ 13,390.00$ 60 3,900.00$ -$ 60 3,900.00$
118 8" C-900 PVC W/FITTINGS LF 3070 62.00$ 190,340.00$ 980 60,760.00$ -$ 980 60,760.00$
119 2" INSULATION 4'X8' SHEET SY 20 35.00$ 700.00$ -$ -$ -$
3,376,500.17$
ORIGINAL BID
PROJECTS:This Period Total to Date
2022-1 Neighborhood Infrastructure Improvements $685,366.66 $685,366.66
SUBTOTALS: $880,165.66 $194,799.00 $685,366.66
TOTAL TO DATE PREVIOUS PAYMENTS CURRENT PERIOD
ITEM
NO. DESCRIPTION UNIT
ORIGINAL BID COMPLETED
Total To Date Previous Payments This Pay Period
Hastings Project 2022-1 2022 Neighborhood Infrastructure Improvements Page 3 of 4
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8-4-22
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City Council Memorandum
To: Mayor Fasbender and City Council
From: John Hinzman, Community Development Director
Date: August 15, 2022
Item: Authorize Signature: Development Agreement - County Crossroads Center 4th
Addition
Council Action Requested:
Authorize Signature of the attached Development Agreement between the City of
Hastings and Current33 Apartments LLC memorializing conditions of approval for
County Crossroads Center 4th Addition. Approval would be subject to minor changes
prior to final signature A simple majority is necessary for action
Background Information:
On March 7, 2022, the City Council approved the plat of County Crossroads Center 4th
addition (along with rezoning and site plan approval) allowing Enclave Development to
construct 211 apartment units south and east of 33rd and Vermillion Streets
Financial Impact:
The increase of 211 apartment units increases the land value and provides needed
housing.
Advisory Commission Discussion:
N\A
Council Committee Discussion:
N\A
Attachments:
• Development Agreement
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DEVELOPMENT AGREEMENT
FOR THE PLAT OF
COUNTY CROSSROADS CENTER 4TH ADDITION
BY AND BETWEEN
THE CITY OF HASTINGS
AND
CURRENT33 APARTMENTS, LLC
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2
THIS DEVELOPMENT AGREEMENT is made and entered into this day of , 2022 (“Effective Date”), by and between the City of Hastings, a Minnesota municipal
corporation (“CITY”), and Current33 Apartments, LLC, a Minnesota limited liability company
(“DEVELOPER”). RECITALS
WHEREAS, in pursuit of the DEVELOPMENT PROJECT, the DEVELOPER has applied
to the CITY for approval of the DEVELOPMENT PLANS and FINAL PLAT for County Crossroads Center 4th Addition; and WHEREAS, in conjunction with the granting of these approvals, the CITY requires the
installation and/or availability of certain public and private utilities such as sewer and water, storm
sewer, stormwater ponds, and public and private right of way improvements, as more particularly set forth herein; and WHEREAS, under authority granted to it, including Minnesota Statutes Chapters 412, 429,
and 462, the COUNCIL approved the FINAL PLAT and DEVELOPMENT PLANS on the following
conditions: 1. That the DEVELOPER enters into this DEVELOPMENT AGREEMENT, which defines the work which the DEVELOPER undertakes to complete if the DEVELOPER proceeds with
the DEVELOPMENT PROJECT; and
2. The DEVELOPER shall provide an irrevocable letter of credit and cash deposits in the amounts and with conditions satisfactory to the CITY, providing for assurance of payment for the actual construction and installation of the improvements, as required by Exhibits C, E and
F.
WHEREAS, the DEVELOPMENT PLANS were prepared by a registered professional engineer and have been submitted to and approved by the CITY ENGINEER.
NOW, THEREFORE, subject to the terms and conditions of this DEVELOPMENT
AGREEMENT and in reliance upon the representations, warranties and covenants of the parties herein contained, the CITY and DEVELOPER agree as follows:
ARTICLE 1 DEFINITIONS 1.1. TERMS. The following terms, unless elsewhere defined specifically in the DEVELOPMENT AGREEMENT, shall have the following meanings as set forth below.
1.2. CITY. “CITY” means the City of Hastings, a Minnesota municipal corporation.
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1.3. CITY ENGINEER. “CITY ENGINEER” means the City Engineer of the City of Hastings and his delegatees.
1.4. CITY WARRANTIES. “CITY WARRANTIES” means all CITY WARRANTIES identified in Article 12 of this DEVELOPMENT AGREEMENT. 1.5. COUNCIL. “COUNCIL” means the Council of the City of Hastings.
1.6. COUNTY. “COUNTY” means Dakota County, Minnesota. 1.7. DEVELOPER. “DEVELOPER” means Current33 Apartments, LLC, a Minnesota limited liability company.
1.8. DEVELOPER DEFAULT. “DEVELOPER DEFAULT” means and includes, jointly and severally, any of the following or any combination thereof: a) failure by the DEVELOPER to pay the CITY any money required to be paid
under the DEVELOPMENT AGREEMENT;
b) failure by the DEVELOPER to construct the DEVELOPER IMPROVEMENTS according to the DEVELOPMENT PLANS and the CITY standards and specifications;
c) failure by the DEVELOPER to observe or perform any covenant, condition, obligation or agreement on its part to be observed or performed under this DEVELOPMENT AGREEMENT within thirty (30) days following DEVELOPER’S receipt of FORMAL NOTICE of such failure from the
CITY; and
d) breach of the DEVELOPER WARRANTIES 1.9. DEVELOPER IMPROVEMENTS. “DEVELOPER IMPROVEMENTS” means
and includes, individually and collectively, all the improvements identified in Article 4.
1.10. DEVELOPER WARRANTIES. “DEVELOPER WARRANTIES” means all DEVELOPER WARRANTIES identified in Article 10 of this DEVELOPMENT AGREEMENT.
1.11. DEVELOPMENT AGREEMENT. “DEVELOPMENT AGREEMENT” means
this instant agreement by and between the CITY and DEVELOPER. 1.12. DEVELOPMENT PLANS. “DEVELOPMENT PLANS” means all the plans, drawings, specifications, and surveys approved and on file with the City, or as may be revised,
updated and approved by the CITY ENGINEER, which are hereby incorporated by reference and
made a part of this DEVELOPMENT AGREEMENT.
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1.13. DEVELOPMENT PROJECT. “DEVELOPMENT PROJECT” means a high-density multi-family building and other related improvements that will be constructed on the
DEVELOPMENT PROPERTY that is substantially in conformance with the DEVELOPMENT
PLANS and all planning approvals. 1.14. DEVELOPMENT PROPERTY. “DEVELOPMENT PROPERTY” means that real property legally described on Exhibit A, attached hereto, upon which the DEVELOPMENT
PROJECT will be constructed.
1.15. FINAL PLAT. “FINAL PLAT” means the FINAL PLAT, approved by the COUNCIL on July 18, 2022, and attached hereto as Exhibit B.
1.16. FORMAL NOTICE. “FORMAL NOTICE” means notices given by one party to
the other if in writing and if and when delivered or tendered in person, by depositing it in the United States mail in a sealed envelope, by certified mail, return receipt requested, with postage and postal charges prepaid, or by depositing it with an independent overnight courier service, addressed as follows:
If to CITY: City of Hastings Attention: City Administrator 101 4th Street East Hastings, MN 55033
If to DEVELOPER: Current33 Apartments, LLC Attn : Austin J. Morris 300 23rd Ave E, Suite 300 West Fargo, ND 58078
or to such other address as the party addressed shall have previously designated by notice given in accordance with this Section. Notices shall be deemed to have been duly given on the date of service if served personally on the party to whom notice is to be given, or on the third day after mailing if
mailed as provided above, or on the next business day if deposited with the courier for overnight (next
day) delivery, provided, that a notice not given as above shall, if it is in writing, be deemed given if and when actually received by a party. Attorneys for each party shall be authorized to give and receive notices for each such party.
1.17. INDIRECT COSTS. “INDIRECT COSTS” means the costs related to the
following: a) Finance, administration and legal costs; and
b) Engineering services performed by CITY staff; and
c) Testing and Right of Way services; and
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d) Consulting engineering services.
1.18. OTHER REGULATORY AGENCIES. “OTHER REGULATORY AGENCIES”
means and includes any regulatory or governmental agency or entity affected by, or having jurisdiction over the DEVELOPER IMPROVEMENTS. 1.19. UNAVOIDABLE DELAYS. “UNAVOIDABLE DELAYS” means: (a) an act,
omission, or neglect of the CITY; (b) change orders and change requests that alter the scope of the
DEVELOPER IMPROVEMENTS or the PUBLIC IMPROVEMENTS; (c) changes in law; (d) fire, explosion, catastrophe, accident, or other casualty; (e) strikes, lock-outs, or boycotts; (f) embargoes or shortages of material, energy, fuel, labor or other required products or items; (g) unusual delays in transportation; (h) severe or abnormal (in intensity or duration) weather
conditions or other acts of nature, including but not limited to, earthquake, hurricane, tornado,
drought, landslide, tsunami, lightning, or flood; (i) riots, insurrection, terrorism, war (declared or undeclared), or other armed conflict; (j) plague, epidemics, or quarantine; (k) unforeseen conditions; (l) action or inaction of governmental or quasi-governmental authorities, including delays in the issuance of any building permits or other approvals required for the DEVELOPER
IMPROVEMENTS or the PUBLIC IMPROVEMENTS; or (m) events or causes beyond the
DEVELOPER’S reasonable control. 1.20. UTILITY COMPANIES. “UTILITY COMPANIES” means and includes, jointly and severally, the following:
a) Utility companies, including electric, gas and cable; b) Pipeline companies.
ARTICLE 2 FINAL PLAT APPROVAL 2.1. FINAL PLAT APPROVAL. The COUNCIL approved the FINAL PLAT. All
conditions contained in the CITY Council Resolution for the FINAL PLAT shall be considered a
condition of this DEVELOPMENT AGREEMENT. 2.2. RECORDING OF FINAL PLAT. The DEVELOPER shall record the FINAL PLAT and this DEVELOPMENT AGREEMENT with the COUNTY Recorder. No building permits
shall be issued unless the DEVELOPER shows evidence to the CITY that the FINAL PLAT and this
DEVELOPMENT AGREEMENT have been recorded with the COUNTY Recorder and the CITY has received the financial obligations required in Article 15.
ARTICLE 3
[INTENTIONALLY LEFT BLANK]
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ARTICLE 4 DEVELOPER IMPROVEMENTS
4.1. DEVELOPER IMPROVEMENTS. The DEVELOPER shall install, at its own cost, the DEVELOPER IMPROVEMENTS in accordance with the DEVELOPMENT PLANS and in accordance with the approvals of the CITY Council, and all ordinances of the CITY or any amendments thereto and any miscellaneous requirements on Exhibit C, attached hereto, subject to
Section 6.2.
4.2. GROUND MATERIAL. The DEVELOPER shall ensure that adequate and suitable ground material shall exist in the areas of public street and utility improvements and shall guarantee the removal, replacement or repair of substandard or unstable material through the warranty period.
The cost of said removal, replacement or repair is the responsibility of the DEVELOPER.
4.3. GRADING/DRAINAGE PLAN, EASEMENTS AND HOURS OF CONSTRUCTION ACTIVITIES.
a. The DEVELOPER shall construct drainage facilities adequate to serve the
DEVELOPMENT PROJECT in accordance with the DEVELOPMENT PLANS. The DEVELOPER agrees to grant to the CITY all necessary easements for the preservation and maintenance of the drainage system, for drainage basins and for utility service and for utility looping. The DEVELOPER shall enter into any easement agreements and
stormwater management agreements with the CITY that are deemed necessary to fulfill
the obligations of this Section. The grading and drainage plan shall include lot and building elevations, drainage swales, storm sewer, catch basins, erosion control structures and ponding areas necessary to conform to the overall CITY surface water management plan. The grading of the site shall be completed in conformance with the
DEVELOPMENT PLANS, subject only to such design criteria and engineering design
and construction specifications as are used in the DEVELOPMENT PLANS notwithstanding any amendment or change to CITY standards for development subsequent to approval of the FINAL PLAT.
b. DEVELOPER shall dedicate drainage and utility easements as shown on the FINAL
PLAT. Additional utility and drainage easements that may be required by the CITY may be granted by an acceptable document as approved by the CITY. Prior to issuance of the Certificate of Occupancy to a BUILDER, a Certificate of Compliance by a land surveyor must be submitted to the CITY by the BUILDER reflecting conformance with
the approved grading plan and confirming that the lot corner monuments are installed.
DEVELOPER shall provide the CITY an as-built survey of the DEVELOPMENT PROPERTY in AUTOCAD format after the final rough grading is complete. c. Building construction and general construction activities are limited to Monday
through Friday between the hours 7:00 AM to 10:00 PM and on Saturdays and holidays
between the hours of 9:00 AM to 9:00 PM.
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4.4. SEWER AND WATERMAINS. DEVELOPER shall connect to CITY sewer and water through the available connections and construct a private watermain throughout the
DEVELOPMENT PROPERTY. DEVELOPER shall grant the City a drainage and utility easement
over the watermain with the DEVELOPMENT PROPERTY. Sanitary sewer and water mains will have multiple connections and looping to the CITY infrastructure. The sanitary sewer and water main internal to the site, up to the point of connection shall be owned by the DEVELOPER and shall be private improvements.
4.5. STREET SWEEPING. During the initial construction of the DEVELOPMENT PROJECT, the DEVELOPER is responsible for the removal of all construction debris and earth materials within the public right-of-way adjacent to the DEVELOPMENT PROPERTY. The CITY will inspect the roadways to ensure the DEVELOPER is keeping all public roadway surfaces adjacent
to the DEVELOPMENT PROPERTY clean. If any portion of such public roadway surface is found
in an unacceptable condition, the CITY shall provide FORMAL NOTICE thereof to the DEVELOPER and if the DEVELOPER fails to remove the construction debris and earth materials within the public right-of-way adjacent to the DEVELOPMENT PROPERTY within twenty-four (24) hours following DEVELOPER’S receipt of FORMAL NOTICE from the CITY, then the CITY
will have appropriate equipment dispatched to the site and all reasonable costs incurred by the CITY
in connection with the clean-up effort will be billed to the DEVELOPER. 4.6. VEGETATION. In connection with the initial construction of the DEVELOPMENT PROJECT, the DEVELOPER shall (a) comply with CITY ordinances and policies related to
preservation of vegetation and trees and specifically shall exercise reasonable efforts in residential
areas to save mature, non-diseased trees and vegetation on the DEVELOPMENT PROPERTY which do not have to be removed for reasonable installation of buildings, streets, utilities or drainage improvements, construction activities related thereto, or site grading, (b) prior to any excavation, install tree protection on all trees that are to be saved and to mark trees such trees with a red band
prior to any excavation, and (c) remove all diseased trees according to CITY ordinance requirements.
The DEVELOPER'S landscape plan forming a part of the DEVELOPMENT PLANS shows the preservation of vegetation and trees, as required hereunder. 4.7. LANDSCAPING. The DEVELOPER is responsible for installing all landscaping
improvements shown on the DEVELOPER’S approved landscape plan.
4.8. EROSION CONTROL. The DEVELOPER shall provide and follow a plan for erosion control and pond maintenance in accord with the Best Management Practices (BMP) as delineated in the Minnesota Pollution Control Agency handbook titled Water Quality in Urban Areas
and a grading permit from the CITY. Such plan is detailed on the DEVELOPMENT PLANS and has
been approved by the CITY ENGINEER. The DEVELOPER shall install and maintain such erosion control structures as required by the DEVELOPMENT PLANS, or as it becomes necessary subsequent thereto and prior to substantial completion of the DEVELOPMENT PROJECT. The DEVELOPER shall be responsible for all damage caused as a result of grading and excavation
including, but not limited to, restoration of existing control structures and clean-up of adjacent public
right-of-way. The DEVELOPER shall seed or sod any disturbed areas in accordance with the DEVELOPMENT PLANS. After the site is rough graded, the DEVELOPER must provide erosion control devices that are required by the DEVELOPMENT PLANS. The parties recognize that time is
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of the essence in controlling erosion. If the DEVELOPER does not provide erosion control, the CITY may, after a twenty-four (24) hour FORMAL NOTICE, take appropriate action to control erosion.
The City shall provide FORMAL NOTICE to the DEVELOPER of the costs incurred by the CITY
to control erosion, and if the DEVELOPER fails to reimburse the CITY for such costs within thirty (30) days following the DEVELOPER’S receipt of FORMAL NOTICE from the City, then the CITY may, as its sole and exclusive remedy, draw upon any posted financial guarantee in accordance with the procedure set forth in Section 15.1 to pay costs incurred by the CITY in controlling erosion within
the DEVELOPMENT PROPERTY.
4.9. WEED/GRASS MAINTENANCE. DEVELOPER must not allow or permit within the FINAL PLAT, excluding land deeded to the CITY for public purposes, any weeds, grass, brush, or other rank vegetation to a height greater than twelve (12) inches, or permit any accumulation of
dead weeds, grass or brush, unless such vegetation has been approved pursuant to a landscape plan
that involves native grasses or plantings. In the event the DEVELOPER fails to comply with this provision, the CITY may give the DEVELOPER notice to cut or remove material in violation of this paragraph. All costs of cutting or removing incurred by the CITY must be paid by the DEVELOPER or assessed against the property that is in violation.
4.10. SPECIFICATIONS - INSPECTIONS. Unless otherwise stated, all of the required improvements for the DEVELOPMENT PROJECT shall conform to engineering standards and specifications as required by the CITY. Such DEVELOPER IMPROVEMENTS shall be subject to inspection and approval and shall be made in sequence as determined by the
Public Works Department. Plans and specifications for the required improvements shall be
submitted to the Public Works Department in a type and format specified by the Public Works Department for review and approval. The required improvement plan review fee shall be paid at that time. DEVELOPER shall retain a testing consultant, approved by the CITY, to complete necessary third-party testing of all materials, soil compaction and other infrastructure systems as
required by CITY infrastructure specifications, and shall direct that the consultant provide copies
of all test reports to the CITY at the same time as they are provided to the DEVELOPER. The DEVELOPER shall provide proof to the CITY prior to the onset of construction activities that it has a valid contract with said testing consultant. If any utility or other improvements are required as part of the CITY’S approval process, those improvements shall be inspected by a CITY
designated inspector for compliance with CITY standards and the approved DEVELOPMENT
PLANS. The Public Works Director shall determine the estimated cost of inspection services. The CITY will pay all improvement inspection costs incurred from escrowed funds deposited with the CITY by the DEVELOPER in an amount estimated on Exhibit E, but DEVELOPER shall pay the actual amount determined by the CITY ENGINEER. The CITY will also charge an
administration fee to cover the costs of the CITY’S administrative and consultant fees connected
to the inspection services and related construction oversight efforts. Excess funds will be returned to the DEVELOPER upon completion and acceptance of the DEVELOPMENT PROJECT. If escrowed funds deposited with the CITY are insufficient to cover the inspection costs, the DEVELOPER shall deposit additional funds to cover the estimated overage. Upon completion of
the required public improvements the Developer’s engineer of record shall send as-built grading
and utility drawings certifying their compliance to the CITY’S engineering standards and specifications and with those costs paid by DEVELOPER.
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ARTICLE 5 PARK CONTRIBUTION REQUIREMENTS
5.1. PARK DEDICATION. The DEVELOPER shall comply with the park dedication requirements as defined in the CITY Code. Park dedication fees identified in Exhibit F must be paid prior to the release of the FINAL PLAT.
ARTICLE 6 PERMITS, LICENSES AND OTHER APPROVALS 6.1. PERMITS. The DEVELOPER shall apply for, and the CITY shall issue in a timely
manner, the approvals, permits and licenses from the CITY, the OTHER REGULATORY
AGENCIES and the UTILITY COMPANIES, as identified on Exhibit D, attached hereto, and shall meet, in a timely manner, all requirements of all applicable local, state and federal laws and regulations which must be met before the DEVELOPMENT IMPROVEMENTS and PUBLIC IMPROVEMENTS may be lawfully constructed. Major design requirements of any such entities
was determined prior to completion and incorporated into the DEVELOPMENT PLANS. All costs
incurred to obtain said approvals, permits and licenses, and also all fines or penalties levied by any agency due to the failure of the DEVELOPER to obtain or comply with conditions of such approvals, permits and licenses, shall be paid by the DEVELOPER.
ARTICLE 7 OTHER DEVELOPMENT REQUIREMENTS 7.1. MISCELLANEOUS REQUIREMENTS. The DEVELOPER shall comply with
the additional requirements to approval of the DEVELOPMENT PROJECT as specified by the
COUNCIL which are incorporated herein and identified on Exhibit C. 7.2. MNDOT TURN LANE. DEVELOPER shall restripe the MNDOT turn lane pursuant to plans approved by MNDOT.
7.3. UTILITY ABANDONMENT AND PATCHING ON 33RD STREET. DEVELOPER shall abandon utilities and patch 33rd Street, as approved by the CITY ENGINEER and shown on the DEVELOPMENT PLANS.
ARTICLE 8 [INTENTIONALLY BLANK]
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ARTICLE 9 RESPONSIBILITY FOR COSTS
9.1. DEVELOPER IMPROVEMENT COSTS. The DEVELOPER shall pay for the DEVELOPER IMPROVEMENTS and PUBLIC IMPROVEMENTS; that is, all costs of persons doing work or furnishing skills, tools, machinery or materials, or insurance premiums or equipment or supplies and all just claims for the same; and the CITY shall be under no obligation to pay the
contractor or any subcontractor any sum whatsoever on account thereof, whether or not the CITY
shall have approved the contract or subcontract. 9.2. ENFORCEMENT COSTS. The DEVELOPER shall pay the CITY for costs incurred in the enforcement of this DEVELOPMENT AGREEMENT, including engineering costs
and reasonable attorneys’ fees, if the CITY is the prevailing party in any such enforcement action.
The CITY shall pay the DEVELOPER for costs incurred in the enforcement of this DEVELOPMENT AGREEMENT, including engineering costs and reasonable attorneys’ fees, if the DEVELOPER is the prevailing party in any such enforcement action.
9.3. TIME OF PAYMENT. DEVELOPER shall pay all bills for all costs due under this
DEVELOPMENT AGREEMENT, including INDIRECT COSTS, received by DEVELOPER from the CITY within thirty (30) days after billing. Bills not paid within thirty (30) days shall bear interest at the rate of eight percent (8%) per year.
ARTICLE 10 DEVELOPER WARRANTIES 10.1. STATEMENT OF DEVELOPER WARRANTIES. The DEVELOPER hereby
warrants and represents the following:
a) AUTHORITY. DEVELOPER is the contract purchaser of the DEVELOPMENT PROPERTY and has the right, power, legal capacity and authority to enter into and perform its obligations under this DEVELOPMENT AGREEMENT, and no
approvals or consents of any persons are necessary in connection with the authority
of DEVELOPER to enter into and perform its obligations under this DEVELOPMENT AGREEMENT. b) NO DEFAULT. DEVELOPER is not in default under any lease, contract or
agreement to which it is a party or by which it is bound beyond applicable notice and
cure periods which would affect performance under this DEVELOPMENT AGREEMENT. DEVELOPER is not a party to or bound by any mortgage, lien, lease, agreement, instrument, order, judgment or decree which would prohibit the execution or performance of this DEVELOPMENT AGREEMENT by DEVELOPER or
prohibit any of the transactions provided for in this DEVELOPMENT
AGREEMENT.
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c) PRESENT COMPLIANCE WITH LAWS. DEVELOPER has complied with and is not in violation of applicable federal, state or local statutes, laws, and regulations
including, without limitation, permits and licenses and any applicable zoning,
environmental or other law, ordinance or regulation affecting the FINAL PLAT and the DEVELOPMENT PLANS and the DEVELOPER IMPROVEMENTS; and DEVELOPER is not aware of any pending or threatened claim of any such violation.
d) CONTINUING COMPLIANCE WITH LAWS. DEVELOPER will comply with
all applicable federal, state and local statutes, laws and regulations including, without limitation, permits and licenses and any applicable zoning, environmental or other law, ordinance or regulation affecting the FINAL PLAT and the DEVELOPMENT PLANS and the DEVELOPER IMPROVEMENTS.
e) NO LITIGATION. There is no suit, action, arbitration or legal, administrative or other proceeding or governmental investigation pending, or, to the best of the DEVELOPER’S knowledge, threatened against or affecting DEVELOPER or the DEVELOPMENT PROPERTY or the DEVELOPMENT PLANS or the
DEVELOPER IMPROVEMENTS that would materially affect DEVELOPER'S
performance under this DEVELOPMENT AGREEMENT. To the best of the DEVELOPER’S knowledge, DEVELOPER is not in default with respect to any order, writ, injunction or decree of any federal, state, local or foreign court, department, agency or instrumentality that would materially affect DEVELOPER'S
performance under this DEVELOPMENT AGREEMENT.
f) FULL DISCLOSURE. None of the representations and warranties made by DEVELOPER in this DEVELOPMENT AGREEMENT intentionally contains any untrue statement of material fact or intentionally omits any material fact the omission
of which would be misleading. Any unintentional untrue statements or omissions shall
be corrected or cured within thirty (30) days after the DEVELOPER receives FORMAL NOTICE, unless an extension is granted by the CITY. g) PLAT COMPLIANCE. The FINAL PLAT and the DEVELOPMENT PLANS
comply with all CITY, COUNTY, metropolitan, state and federal laws and
regulations, including but not limited to, subdivision ordinances, zoning ordinances and environmental regulations. h) WARRANTY ON PROPER WORK AND MATERIALS. The DEVELOPER
warrants all work required to be performed by it under this DEVELOPMENT
AGREEMENT with respect to the PUBLIC IMPROVEMENTS only against defective material and faulty workmanship for a period of one (1) year after its completion and acceptance by the CITY. The DEVELOPER shall be solely responsible for all costs of performing repair work to the PUBLIC
IMPROVEMENTS required by the CITY within thirty (30) days following
FORMAL NOTICE from the CITY, provided the CITY gives such FORMAL NOTICE within such 1-year period. All trees, grass, and sod shall be warranted to be alive, of good quality, and disease free for one year after planting. Any replacements
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shall be similarly warranted for one year from the time of planting. The warranty period for street and drainage and erosion control improvements shall be for one (1)
year after completion and acceptance by the CITY; the warranty for the street,
drainage and erosion control improvements shall also include the obligation of the DEVELOPER to repair and correct any damage to or deficiency with respect to such improvements.
i) OBTAINING PERMITS. The DEVELOPER shall obtain in a timely manner and
pay for all required permits, licenses and approvals, and shall meet, in a timely manner, all requirements of all applicable, local, state and federal laws and regulations which must be obtained or met before the DEVELOPER IMPROVEMENTS may be lawfully constructed. A list of the CITY permits, licenses, and approvals required is
identified on Exhibit D.
ARTICLE 11
[INTENTIONALLY BLANK]
ARTICLE 12 CITY WARRANTIES
12.1. STATEMENT OF CITY WARRANTIES. The CITY hereby warrants and represents as follows: a) ORGANIZATION. CITY is a municipal corporation duly incorporated and validly
existing in good standing the laws of the State of Minnesota.
b) AUTHORITY. CITY has the right, power, legal capacity and authority to enter into and perform its obligations under this DEVELOPMENT AGREEMENT.
ARTICLE 13 INDEMNIFICATION OF CITY 13.1. INDEMNIFICATION OF CITY. Provided the CITY is not in DEFAULT under
the DEVELOPMENT AGREEMENT with respect to the particular matter causing the claim, loss or
damage, DEVELOPER shall indemnify, defend and hold the CITY, its COUNCIL, agents, employees, attorneys and representatives harmless from and against any and all claims, demands, actions, suits, proceedings, losses, costs, expenses, obligations, liabilities, damages, recoveries, and deficiencies, including interest, penalties and attorneys’ fees, that the CITY incurs of suffers, which
arise out of, result from or relate to: a) breach by the DEVELOPER of the DEVELOPER WARRANTIES;
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b) failure of the DEVELOPER to timely construct the DEVELOPER IMPROVEMENTS according to the DEVELOPMENT PLANS and the CITY
ordinances, standards and specifications;
c) failure by the DEVELOPER to observe or perform any covenant, condition, obligation or agreement on its part to be observed or performed under this DEVELOPMENT AGREEMENT;
d) failure by the DEVELOPER to pay contractors, subcontractors, laborers, or materialmen; e) failure by the DEVELOPER to pay for materials;
f) approval by the CITY of the FINAL PLAT; g) approval by the CITY of the DEVELOPMENT PLANS;
h) failure to obtain the necessary permits and authorizations to construct the
DEVELOPER IMPROVEMENTS; i) construction of the DEVELOPER IMPROVEMENTS;
j) delays in construction of the DEVELOPER IMPROVEMENTS;
k) payment by DEVELOPER for any required costs or assessments; l) all costs and liabilities arising because building permits were issued prior to the completion and acceptance of the DEVELOPER IMPROVEMENTS. 13.2. NOTICE. Within a reasonable period of time after the CITY’S receipt of actual notice of any matter giving rise to a right of payment against the CITY pursuant to Section 13.1, the CITY shall give the FORMAL NOTICE in reasonable detail to the DEVELOPER. The DEVELOPER shall not be obligated to make any payment to the CITY for any such claim until the passage of thirty (30) days from the date of its receipt of FORMAL NOTICE from the CITY, during
which time the DEVELOPER shall have the right to cure or remedy the event leading to such claim. 13.3. DEFENSE OF CLAIM. Provided the CITY is not in DEFAULT under the DEVELOPMENT AGREEMENT with respect to the particular matter causing the claim or demand, with respect to claims or demands asserted against the CITY by a third party of the nature covered by
Section 13.1, and provided that the CITY gives FORMAL NOTICE thereof, the DEVELOPER will, at its sole expense, provide for the defense thereof with counsel of its own selection but approved by the CITY; the DEVELOPER will pay all costs and expenses including attorneys’ fees incurred in so defending against such claims, provided that the CITY shall at all times also have the right to fully participate in the defense at the CITY’S expense. If the DEVELOPER fails to defend within ten (10)
days following DEVELOPER’S receipt of FORMAL NOTICE from the CITY of DEVELOPER’S defense obligations hereunder, then the CITY shall have the right, but not the obligation, to undertake
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the defense of, and to compromise or settle the claim or other matter, for the account of and at the risk of the DEVELOPER.
ARTICLE 14 CITY REMEDIES UPON DEVELOPER DEFAULT
14.1. CITY REMEDIES. If a DEVELOPER DEFAULT occurs, that is not caused by
UNAVOIDABLE DELAYS, the CITY shall give the DEVELOPER FORMAL NOTICE of the DEVELOPER DEFAULT and the DEVELOPER shall have thirty (30) days to cure the DEVELOPER DEFAULT. If the DEVELOPER, after FORMAL NOTICE to it by the CITY, does not cure the DEVELOPER DEFAULT, then the CITY may avail itself of any remedy afforded by
law and any of the following remedies:
a) the CITY may specifically enforce this DEVELOPMENT AGREEMENT; b) the CITY may suspend any work, improvement or obligation to be performed by the
CITY;
c) the CITY may collect on the irrevocable letter of credit (“LOC”), or cash deposit pursuant to Article 15 hereof;
d) the CITY may suspend or deny building and occupancy permits for buildings within
the FINAL PLAT; e) the CITY may, at its sole option, perform the work or improvements to be performed by the DEVELOPER, in which case the DEVELOPER shall within thirty (30) days
after written billing by the CITY reimburse the CITY for any costs and expenses
incurred by the CITY. In the alternative, the CITY may in whole or in part, specially assess any of the costs and expenses incurred by the CITY; and the DEVELOPER hereby waives any and all procedural and substantive objections to the installation and construction of the work and improvements and the special assessment resulting
therefrom, including, but not limited to, notice and hearing requirement and any claim
that the special assessments exceed benefit to the FINAL PLAT. The DEVELOPER hereby waives any appeal rights otherwise available pursuant to Minn. Stat. § 429.081. 14.2. NO ADDITIONAL WAIVER IMPLIED BY ONE WAIVER. In the event any
agreement contained in this DEVELOPMENT AGREEMENT is breached by the DEVELOPER and
thereafter waived in writing by the CITY, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other concurrent, previous or subsequent breach hereunder. All waivers by the CITY must be in writing.
14.3. NO REMEDY EXCLUSIVE. Except as otherwise expressly set forth herein, no
remedy herein conferred upon or reserved to the CITY or DEVELOPER shall be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under the DEVELOPMENT AGREEMENT or now or
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hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver
thereof, but any such right and power may be exercised from time to time and as often as may be
deemed expedient. In order to entitle the CITY or DEVELOPER to exercise any remedy reserved to it, it shall not be necessary to give notice, other than the FORMAL NOTICE. 14.4. EMERGENCY. Notwithstanding the requirement contained in Section 14.1 hereof
relating to FORMAL NOTICE to the DEVELOPER in case of a DEVELOPER DEFAULT and
notwithstanding the requirement contained in Section 14.1 hereof relating to giving the DEVELOPER a right to cure the DEVELOPER DEFAULT, in the event of an emergency as reasonably determined by the CITY ENGINEER, resulting from the DEVELOPER DEFAULT, the CITY may perform the work or improvement to be performed by the DEVELOPER without giving any notice or FORMAL
NOTICE to the DEVELOPER (provided, however, the CITY shall give DEVELOPER such notice
as is reasonable under the circumstances) and without giving the DEVELOPER the right to cure the DEVELOPER DEFAULT. In such case, the DEVELOPER shall within thirty (30) days after written billing by the CITY reimburse the CITY for any and all costs incurred by the CITY. In the alternative, the CITY may, in whole or in part, specially assess the costs and expenses incurred by the CITY; and
the DEVELOPER hereby waives any and all procedural and substantive objections to the installation
and construction of the work and improvements and the special assessments resulting therefrom, including, but not limited to, notice and hearing requirements and any claim that the special assessments exceed benefit to the DEVELOPMENT PROPERTY. The DEVELOPER hereby waives any appeal rights otherwise available pursuant to Minn. Stat. § 429.081.
ARTICLE 15 FINANCIAL OBLIGATIONS
15.1. DEVELOPER’S LETTER OF CREDIT OR CASH DEPOSIT AMOUNT. Prior
to release of the FINAL PLAT for recording, the DEVELOPER shall deposit with the CITY an irrevocable LOC and Cash Escrow for the amounts required in Exhibit E. In lieu of an irrevocable LOC, DEVELOPER may deposit cash or other security acceptable to CITY.
All cost estimates shall be acceptable to the CITY ENGINEER. The bank and form of the
irrevocable LOC shall be subject to approval by the CITY Finance Director and shall continue to be in full force and effect until released by the CITY. The irrevocable LOC shall be for a term ending one (1) year after acceptance by the CITY. In the alternative, the letter of credit may be for a one-year term provided it is automatically renewable for successive one year periods from the present or
any future expiration dates, and further provided that the irrevocable LOC states that at least sixty
(60) days prior to the expiration date the bank will notify the CITY if the bank elects not to renew for an additional period. The irrevocable LOC shall secure compliance by the DEVELOPER with the terms of this DEVELOPMENT AGREEMENT. The CITY may draw down on the irrevocable LOC or cash deposit, without any further notice than that provided in Section 14.1 relating to a
DEVELOPER DEFAULT, for any of the following reasons:
a) a DEVELOPER DEFAULT; or
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b) upon the CITY receiving notice that the irrevocable LOC will be allowed to lapse prior to two (2) years after acceptance by the CITY unless within ten (10) days after
FORMAL NOTICE to DEVELOPER of the foregoing, the CITY receives (i) notice
regarding issuance of a replacement LOC prior to such lapse and/or (ii) a replacement LOC is posted. The CITY shall use the LOC proceeds to reimburse the CITY for its costs and to cause the
DEVELOPER IMPROVEMENTS to be constructed to the extent practicable; if the CITY
ENGINEER determines that such DEVELOPER IMPROVEMENTS have been constructed and after retaining 10% of the proceeds for later distribution pursuant to Section 15.2, the remaining proceeds shall be distributed to the DEVELOPER.
The irrevocable LOC shall be reduced pursuant to Section 15.2 from time to time as financial
obligations are paid. 15.2. ESCROW RELEASE AND ESCROW INCREASE; DEVELOPER IMPROVEMENTS. The DEVELOPER may request that the LOC or cash deposits required by the
DEVELOPMENT AGREEMENT be reduced at the following intervals:
a) Substantial completion of the mass site grading activities;
b) Final completion of the mass site grading activities;
c) Substantial completion of the sanitary sewer, water main, and storm sewer installation. The LOC or cash deposits may be administratively reduced by the CITY ENGINEER by 50%
after full installation or completion of the aforementioned items, pending verification of as-builts.
Upon verification of as-builts that confirm the location and construction of the aforementioned items, the DEVELOPER may request the LOC or cash deposits be reduced by 75% of the original amounts. The balance shall be retained by the CITY until the expiration of the 1-year warranty period.
If it is determined by the CITY that the DEVELOPMENT PLANS were not strictly adhered
to, or that work was done without CITY inspection, the CITY may require, as a condition of acceptance, that the DEVELOPER post an irrevocable LOC, or cash deposit equal to 125% of the estimated amount necessary to correct the deficiency or to protect against deficiencies arising therefrom. In the event that work, which is concealed, was done without permitting CITY inspection,
then the CITY may, in the alternative, require the concealed condition to be exposed for inspection
purposes. 15.3. DEVELOPER’S CASH FEE REQUIREMENTS. At the time that the DEVELOPMENT AGREEMENT is approved, DEVELOPER shall deposit cash with the CITY for
those items and in the amounts required in Exhibit F.
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ARTICLE 16 MISCELLANEOUS
16.1. CITY’S DUTIES. The terms of this DEVELOPMENT AGREEMENT shall not be considered an affirmative duty upon the CITY to complete any DEVELOPER IMPROVEMENTS. 16.2. COMMENCEMENT AND COMPLETION OF CONSTRUCTION. A pre-
construction meeting shall be coordinated with the CITY ENGINEER prior to commencement of
construction. All work with respect to the DEVELOPMENT PROJECT to be constructed or provided by DEVELOPER on the DEVELOPMENT PROPERTY shall be in substantial conformity with the DEVELOPMENT PLANS and DEVELOPER will not materially modify the size or exterior appearance of the DEVELOPMENT PROJECT without the consent of the CITY,
which consent shall not be unreasonably withheld. DEVELOPER shall coordinate all PUBLIC
IMPROVEMENT construction activities with the CITY as it relates to other CITY construction projects in the vicinity of the DEVELOPMENT PROJECT and DEVELOPMENT PROPERTY. Subject to UNAVOIDABLE DELAYS, DEVELOPER shall use reasonable efforts after work commences to complete the DEVELOPER IMPROVEMENTS by October 15, 2023.
16.3. NO THIRD-PARTY RECOURSE. Third parties shall have no recourse against the CITY under this DEVELOPMENT AGREEMENT.
16.4. VALIDITY. If any portion, section, subsection, sentence, clause, paragraph or phrase
of this DEVELOPMENT AGREEMENT is for any reason held to be invalid, such decision shall not affect the validity of the remaining portion of this DEVELOPMENT AGREEMENT. 16.5. RECORDING. The DEVELOPMENT AGREEMENT and PLAT shall be recorded
with the COUNTY Recorder and the DEVELOPER shall provide and execute any and all documents
necessary to implement the recording. 16.6. BINDING AGREEMENT. The parties mutually recognize and agree that all terms and conditions of this recordable DEVELOPMENT AGREEMENT shall run with the land on the
DEVELOPMENT PROPERTY and shall be binding upon the successors and assigns of the
DEVELOPER. This DEVELOPMENT AGREEMENT shall also run with and be binding upon any after acquired interest of the DEVELOPER in the DEVELOPMENT PROPERTY. 16.7. CONTRACT ASSIGNMENT. The DEVELOPER may not assign this
DEVELOPMENT AGREEMENT without the prior written consent of the COUNCIL, which
approval will not be unreasonably withheld. In such case, the third-party buyer will be required to accept and assume all contractual and financial responsibilities provided in this DEVELOPMENT AGREEMENT. Upon satisfaction of such requirements by such third-party buyer, the DEVELOPER’s obligations hereunder shall terminate. Absent approval of the Council, the
DEVELOPER’s obligations hereunder shall continue in full force and effect, even if the
DEVELOPER sells one or more lots, the entire PLAT, or any part of it. 16.8. AMENDMENT AND WAIVER. The parties hereto may by mutual written agreement amend this DEVELOPMENT AGREEMENT in any respect. Any party hereto may
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extend the time for the performance of any of the obligations of another, waive any inaccuracies in representations by another contained in this DEVELOPMENT AGREEMENT or in any document
delivered pursuant hereto which inaccuracies would otherwise constitute a breach of this
DEVELOPMENT AGREEMENT, waive compliance by another with any of the covenants contained in this DEVELOPMENT AGREEMENT, waive performance of any obligations by the other or waive the fulfillment of any condition that is precedent to the performance by the party so waiving of any of its obligations under this DEVELOPMENT AGREEMENT. Any agreement on the part of
any party for any such amendment, extension or waiver must be in writing. No waiver of any of the
provisions of this DEVELOPMENT AGREEMENT shall be deemed, or shall constitute, a waiver of any other provisions, whether or not similar, nor shall any waiver constitute a continuing waiver. 16.9. GOVERNING LAW. This DEVELOPMENT AGREEMENT shall be governed by
and construed in accordance with the laws of the State of Minnesota.
16.10. COUNTERPARTS. This DEVELOPMENT AGREEMENT may be executed in any number of counterparts, each of which shall be deemed an original but all of which shall constitute one and the same instrument.
16.11. HEADINGS. The subject headings of the paragraphs and subparagraphs of this DEVELOPMENT AGREEMENT are included for purposes of convenience only and shall not affect the construction of interpretation of any of its provisions.
16.12. INCONSISTENCY. If the DEVELOPMENT PLANS are inconsistent with the
words of this DEVELOPMENT AGREEMENT or if the obligation imposed hereunder upon the DEVELOPER are inconsistent, then that provision or term which imposes a greater and more demanding obligation on the DEVELOPER shall prevail.
16.13. ACCESS. The DEVELOPER hereby grants to the CITY, its agents, employees,
officers, and contractors a license and right of entry to enter the DEVELOPMENT PROPERTY to perform all work and inspections deemed appropriate by the CITY during the installation of DEVELOPER IMPROVEMENTS and PUBLIC IMPROVEMENTS.
16.14. FURTHER ASSURANCES AND WAIVER. The CITY and DEVELOPER hereto
shall do all things necessary or appropriate to carry out the terms and provisions of this DEVELOPMENT AGREEMENT and to aid in assist each other in carrying out the terms and objectives of this DEVELOPMENT AGREEMENT and the intentions of the CITY AND DEVELOPER as reflected by said terms and provisions, including, without limitation, the giving of
such notices, the holding of such public hearings, the enactment by the CITY of such resolutions and
ordinances and the taking of such other actions as may be necessary to enable the parties’ compliance with the terms and provisions of this DEVELOPMENT AGREEMENT all as may be necessary to give effect to the terms and objectives of this DEVELOPMENT AGREEMENT and the intentions of the parties as reflected by said terms.
[The remainder of this page has been intentionally left blank.]
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IN WITNESS WHEREOF, the parties have executed this DEVELOPMENT AGREEMENT as of the Effective Date.
CITY: CITY OF HASTINGS
By: Mary Fasbender Its Mayor
By: Kelly Murtaugh
Its City Clerk
STATE OF MINNESOTA ) ) ss.
COUNTY OF DAKOTA )
On this ___ day of ______________________, 2022, before me a Notary Public within and for said County, personally appeared Mary Fasbender and Kelly Murtaugh, to me personally
known, who being each by me duly sworn, each did say that they are respectively the Mayor and
City Clerk of the City of Hastings, the municipality named in the foregoing instrument, and that the seal affixed to said instrument was signed and sealed on behalf of said municipality by authority of its City Council and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipality.
Notary Public
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DEVELOPER: CURRENT33 APARTMENTS, LLC
By: Austin J. Morris Its Managing Member
STATE OF ) ) ss. COUNTY OF )
On this _____ day of , 2022, before me a Notary Public within and for said County, personally appeared Austin J. Morris to me personally known, who being by me duly sworn, did say that he is the Managing Member of Current33 Apartments, LLC,
a Minnesota Limited Liability Company, the entity named in the foregoing instrument, and that said
instrument was signed on behalf of said limited liability company.
Notary Public
THIS INSTRUMENT DRAFTED BY AND AFTER RECORDING PLEASE RETURN TO: Korine Land, #262432
LeVander, Gillen, & Miller, P.A. 1305 Corporate Center Drive, Suite 300 Eagan, MN 55121
(651) 451-1831
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EXHIBIT A DEVELOPMENT PROPERTY
Real property situated in the City of Hastings, County of Dakota, State of Minnesota, legally described as: Lot 1, Block 1, County Crossroads Center 4th Addition
Outlot A, County Crossroads Center 4th Addition
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EXHIBIT B FINAL PLAT
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EXHIBIT C MISCELLANEOUS REQUIREMENTS AND CONDITIONS IMPOSED BY THE CITY 1) CONDITIONS TO BE SATISFIED BEFORE CITY RELEASES THE FINAL PLAT
TO BE RECORDED.
a) Letter of Credit. DEVELOPER must provide the LOC for the amounts required in this DEVELOPMENT AGREEMENT.
b) All Cash Deposits. DEVELOPER must pay all cash deposits required in this
DEVELOPMENT AGREEMENT. c) Planning Fees. DEVELOPER must fully pay the CITY all planning, engineering review and legal fees that have been incurred up to the date of approval of this
DEVELOPMENT AGREEMENT.
d) Park Fee and Credits Relating Thereto. DEVELOPER must pay park dedication fees as required in Exhibit F.
e) Sewer Interceptor Fees. DEVELOPER must pay sewer interceptor fees as required in
Exhibit F. f) Stormwater Maintenance Agreement. DEVELOPER must execute a Stormwater Maintenance Agreement for portions of the DEVELOPMENT PROPERTY.
g) Access Agreement. DEVELOPER must execute an Access or Easement Agreement with adjacent property owners to access the DEVELOPMENT PROPERTY. 2) BUILDING PERMITS. No building permits may be obtained until:
a) All the conditions in Paragraph 1 of this Exhibit C have been met; b) All storm water ponds and associated drainage features including storm sewer and drainage swales have been installed;
c) The following documents have been recorded:
• Final Plat
• Development Agreement
• Stormwater Maintenance Agreement
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3) CERTIFICATES OF OCCUPANCY. Prior to issuance of any certificate of occupancy, all
the following conditions must be satisfied: a) All the conditions listed in Paragraphs 1 and 2 of this Exhibit C must be satisfied.
b) The utilities have been installed, tested and approved for use by the CITY ENGINEER.
c) As built surveys have been received by the CITY. 4) CLEAN UP OF CONSTRUCTION DEBRIS ON STREETS AND ADJOINING
PROPERTY. The escrow amount stated on Exhibit E shall include an appropriate amount
as determined by the Director of Public Works to ensure that the DEVELOPER removes any construction debris from streets adjoining the FINAL PLAT and from private properties that adjoint the FINAL PLAT. During the construction of the improvements within the FINAL PLAT, the DEVELOPER is responsible for removing any construction debris (including
roofing materials, paper wrappings, construction material and other waste products resulting
from construction) that may be blown from the construction site into adjoining private properties or into CITY streets or that may fall from delivery trucks onto adjoining private properties or CITY streets. Further, during construction, the DEVELOPER must clear the CITY streets of any dirt or other earthen material that may fall onto the CITY streets from the
delivery trucks that are being used in the excavation and grading of the site.
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EXHIBIT D PERMITS, LICENSES AND OTHER APPROVALS 1. Any licenses or permits required by the Minnesota Department of Health.
2. NPDES Construction Stormwater Permit from the MPCA.
3. Any contractor licenses from the CITY or the State of Minnesota.
4. Building Permits from the CITY.
5. Electrical Permits from the CITY.
6. Utility permits that may be required from the CITY, State of Minnesota or any utility company.
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EXHIBIT E DEVELOPER’S CASH AND LETTER OF CREDIT (LOC) ESCROW REQUIREMENTS PUBLIC INFRASTRUCTURE SYSTEMS
*As approved by CITY
CASH ESCROW
Engineering Cash Total
Public Infrastructure Construction Inspections $30,000.00
LOC Total
Total Public Infrastructure Construction Costs* $510,642.53
X 125% $638,303.16
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EXHIBIT F DEVELOPER’S CASH REQUIREMENTS
Cash Fees Unit Cost Qty Total
Park Dedication Fees $1,100/unit 211 units $232,100
Sewer Interceptor Fees $485/unit 211 units $102,335
Total Fees $334,435
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City Council Memorandum
To: Mayor Fasbender and City Council
From: John Hinzman, Community Development Director
Date: August 15, 2022
Item: Authorize Signature: Stormwater Facilities Maintenance Agreement - County
Crossroads Center 4th Addition
Council Action Requested:
Authorize Signature of the attached Stormwater Facilities Maintenance Agreement between
the City of Hastings and Current33 Apartments LLC establishing stormwater
maintenance obligations and responsibilities for County Crossroads Center 4th Addition.
Approval would be subject to minor changes prior to final signature. A simple majority
is necessary for action
Background Information:
On March 7, 2022, the City Council approved the plat of County Crossroads Center 4th
addition (along with rezoning and site plan approval) allowing Enclave Development to
construct 211 apartment units south and east of 33rd and Vermillion Streets
Financial Impact:
The increase of 211 apartment units increases the land value and provides needed
housing.
Advisory Commission Discussion:
N\A
Council Committee Discussion:
N\A
Attachments:
• Stormwater Facilities Maintenance Agreement
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(Reserved for Recording Data)
STORMWATER MANAGEMENT FACILITIES AGREEMENT
This Stormwater Management Facilities Agreement (“Agreement”) is made, entered into
and effective this ____ day of _________________, 2022, by and between the City of Hastings, a Minnesota municipal corporation (“City”), and Current33 Apartments, LLC, a Minnesota limited liability company (“Developer”).
WHEREAS, Developer is the fee owner of certain real property situated in the City of
Hastings, County of Dakota, State of Minnesota legally described as follows: Lot 1, Block 1 and Outlot A, County Crossroads Center 4th Addition, according to the recorded plat thereof.
(the “Property”); and WHEREAS, Developer has obtained the approval of the City for the development of the Property for a Stormwater Management Facilities; and
WHEREAS, as used herein, the term “Stormwater Management Facilities” refers to the private storm sewer system (i.e. pipes, catch basins, manholes, flared end sections, etc.), private water quality and/or water quantity facilities (i.e. detention basins, retention basins, swales, pipes, oil/water separators, sand filtering devices, infiltration facilities, sump structures, etc.) which are
located inside and outside the public road right-of-way and drainage and utility easements; and
WHEREAS, the City has required that the Developer make provision for the construction, maintenance and repair of the Stormwater Management Facilities as shown on the Stormwater Facilities Location Map on Exhibit A attached hereto; and
WHEREAS, the Stormwater Management Facilities are privately owned and maintained by Developer, as provided in this Agreement; and
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WHEREAS, the City and Developer desire to set forth their understanding with respect to the construction, repair and maintenance of the Stormwater Management Facilities and the
responsibility relating to the costs of the repair and maintenance of the Stormwater Management
Facilities.
NOW THEREFORE, in consideration of the foregoing facts and circumstances, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto hereby agree as follows:
1. Construction and Maintenance of Stormwater Management Facilities. The
Developer agrees to construct the Stormwater Management Facilities according to the construction plans drawn by Sambatek dated July 15, 2022 (“Plans”) and repair and maintain the Stormwater Management Facilities at its sole cost and expense. Maintenance of the Stormwater Management Facilities shall include but is not limited to compliance with the Stormwater BMP Inspection and
Maintenance Plan (“Inspection Plan”) attached as Exhibit B. Developer shall submit an annual
inspection report that complies with the Inspection Plan by September 30th of each year. If the required annual inspection report is not submitted to the City by September 30th, the City shall have the right to enter onto the property to conduct the annual inspection. If it is determined that the Stormwater Management Facilities (1) have not been maintained; or (2) are not functioning as
originally designed and intended; or (3) are in need of repair, the Developer agrees to restore the
Stormwater Management Facilities so that it functions as it was designed and intended. Failure to comply with the restoration ordered by the City shall be an event of default. The Developer further agrees that it will not use the Stormwater Management Facilities for snow storage and will inform its snow removal contractors of this provision of the Agreement.
2. Developer’s Default. In the event of default by the Developer as to any of the work
to be performed by it hereunder, following at least thirty (30) days prior written notice and Developer’s failure to cure such default within such time-frame, except in an emergency as determined by the City, the City may, at its option, perform the work and the Developer shall promptly, following receipt of an invoice and reasonable substantiation of such costs, reimburse
the City for any reasonable out-of-pocket expense incurred by the City.
3. License, Easement, and Assessment. This Agreement is a license for the City to act when so authorized under this Agreement, and it shall not be necessary for the City to seek a Court order for permission to enter the Property. When the City does any such work, the City may, in addition to its other remedies, assess the reasonable out-of-pocket cost in whole or in part. The
Developer has conveyed to the City and the public a permanent drainage and utility easement,
described and depicted in more detail on the plat of County Crossroads Center 4th Addition, which is dedicated to the public for the purpose of providing perpetual access to the City, or its successors responsible hereunder, for purposes of inspecting and performing any necessary maintenance to the Stormwater Management Facilities.
4. Changes to Site Configuration or Stormwater Management Facilities. If site
configurations or Stormwater Management Facilities change, causing decreased effectiveness of Stormwater Management Facilities, new or improved Stormwater Management Facilities must be implemented to ensure the conditions for post-construction stormwater management continue to be met.
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5. Terms and Conditions. This Agreement shall run with the land and shall be binding upon Developer’s successors and assigns with respect to the Property. The terms and conditions
of this Agreement shall be binding upon and shall insure to the benefit of the parties hereto and
their respective successors and assigns.
6. Developer Warranty. Developer warrants and represents the following to the City and acknowledges that this Agreement has been duly executed and delivered and constitutes the legal, valid and binding obligation of Developer enforceable in accordance with its terms. The
party signing on behalf of the Developer has been duly authorized by the entity to sign the
Agreement and bind the entity. Developer has been duly formed under the laws of the State of Minnesota and is in good standing under the laws of the jurisdiction in which the Property is located, is duly qualified to transact business in the jurisdiction in which the Property is located, and has the requisite power and authority to enter into and perform this Agreement and the
documents and instruments required to be executed and delivered by Developer pursuant
hereto. This Agreement and the documents and instruments required to be executed and delivered by Developer pursuant hereto have each been duly authorized by all necessary action on the part of Developer and such execution, delivery and performance does and will not conflict with or result in a violation of Developer’s organizational agreement or any judgment or order. The
execution, delivery and performance by Developer of this Agreement will not (a) violate any
provision of any law, statute, rule or regulation or any order, writ, judgment, injunction, decree, determination or award of any court, governmental agency or arbitrator presently in effect having applicability to Developer, or (b) result in a breach of or constitute a default under any indenture, loan or credit agreement or any other agreement, lease or instrument to which Developer is a party
or by which it or any of its properties may be bound.
7. Amendment and Waiver. The parties hereto may by mutual written agreement amend this Agreement in any respect. Any party hereto may extend the time for the performance of any of the obligations of another, waive any inaccuracies in representations by another contained
in this Agreement or in any document delivered pursuant hereto which inaccuracies would
otherwise constitute a breach of this Agreement, waive compliance by another with any of the covenants contained in this Agreement, waive performance of any obligations by the other or waive the fulfillment of any condition that is precedent to the performance by the party so waiving of any of its obligations under this Agreement. Any agreement on the part of any party for any
such amendment, extension or waiver must be in writing. No waiver of any of the provisions of
this Agreement shall be deemed, or shall constitute, a waiver of any other provisions, whether or not similar, nor shall any waiver constitute a continuing waiver. 8. Governing Law. This Agreement shall be governed by and construed in accordance
with the laws of the State of Minnesota.
9. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original but all of which shall constitute one and the same instrument.
10. Consent. Developer consents to the recording of this Agreement. 11. Limitation of Liability. Notwithstanding any other provision of this Agreement, in
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no event shall either party or any of their affiliates, by reason of any of their respective acts or omissions be liable whether in contract, tort, misrepresentation, warranty, negligence, strict
liability or otherwise for any special, indirect, incidental or consequential damages arising out of
or in connection with this Agreement, or the performance, non-performance or breach thereof. 12. Notice. Notice shall mean notices given by one party to the other if in writing and if and when delivered or tendered: (i) in person; (ii) by depositing it in the United States mail in a
sealed envelope, by certified mail, return receipt requested, with postage and postal charges
prepaid, or (iii) by proper and timely delivery to an overnight courier service addressed by name and address to the party or person intended addressed as follows: If to City: City of Hastings
Attention: City Administrator
101 4th Street East Hastings, MN 55033 If to Developer: Current33 Apartments, LLC
Attn : Austin J. Morris
300 23rd Ave E, Suite 300 West Fargo, ND 58078 or to such other address as the party addressed shall have previously designated by notice given in
accordance with this Section. Notices shall be deemed to have been duly given on the date of
service if served personally on the party to whom notice is to be given, on the third day after mailing if mailed by United States postal service as provided above, or within twenty-four (24) hours if sent via overnight courier service provided, that a notice not given as above shall, if it is in writing, be deemed given if and when actually received by a party.
[The remainder of this page was intentionally left blank.]
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the day and year first above written.
CITY: CITY OF HASTINGS
By: Mary Fasbender Its Mayor
By: Kelly Murtaugh Its City Clerk
STATE OF MINNESOTA ) ) ss. COUNTY OF DAKOTA )
On this ___ day of ______________________, 2022, before me a Notary Public within and for said County, personally appeared Mary Fasbender and Kelly Murtaugh, to me personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and
City Clerk of the City of Hastings, the municipality named in the foregoing instrument, and that
the seal affixed to said instrument was signed and sealed on behalf of said municipality by authority of its City Council and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipality.
Notary Public
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DEVELOPER: CURRENT33 APARTMENTS, LLC
By: Austin J. Morris Its Managing Member
STATE OF ) ) ss. COUNTY OF )
The foregoing instrument was acknowledged before me this ________day of __________________, 2022, by Austin J. Morris, the Managing Member of Current33 Apartments, LLC, a Minnesota limited liability company, on behalf of said limited liability
company.
Notary Public
This instrument drafted by And after recording, please return to:
Korine L. Land (#262432)
LeVander, Gillen & Miller, P.A. 1305 Corporate Center Drive, Suite 300 Eagan, MN 55121 651-451-1831
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EXHIBIT A STORMWATER FACILITIES LOCATION MAP
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EXHIBIT B STORMWATER BMP INSPECTION AND MAINTENANCE PLAN
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City Council Memorandum
To: Mayor Fasbender and City Council
From: John Hinzman, Community Development Director
Date: August 15, 2022
Item: Authorize Signature: Stormwater Facilities Management Agreement - Quality
One Woodwork
Council Action Requested:
Authorize Signature of the attached Stormwater Facilities Management Agreement
between the City of Hastings and Quality One Woodwork LLC establishing stormwater
maintenance obligations and responsibilities. A simple majority is necessary for action
Background Information:
On June 14, 2021, the City Council approved the Site Plan allowing for a +/- 52,212 s.f.
addition to the existing facility to expand manufacturing and storage capacity for the
production of kitchen cabinets and vanities at their existing facility located at 3005
Millard Avenue.
Financial Impact:
Building expansion created additional jobs and increased the tax base.
Advisory Commission Discussion:
N\A
Council Committee Discussion:
N\A
Attachments:
• Stormwater Facilities Management Agreement
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(Reserved for Recording Data)
STORMWATER MANAGEMENT FACILITIES AGREEMENT
This Stormwater Management Facilities Agreement (“Agreement”) is made, entered into
and effective this ____ day of _________________, 2022, by and between the City of Hastings, a Minnesota municipal corporation (“City”), and Quality One Woodwork, LLC, a Minnesota limited partnership (“Developer”).
WHEREAS, Developer is the fee owner of certain real property situated in the City of
Dakota, County of Dakota, State of Minnesota legally described as follows: Lot 1, Block 3, HASTINGS INDUSTRIAL PARK NO. 7, according to the recorded plat thereof.
AND Lots 2 and 4, Block 6, HASTINGS INDUSTRIAL PARK NO. 2, according to the recorded plat thereof.
AND That part of Outlot B, HASTINGS INDUSTRIAL PARK NO. 2, which lies North of Lots 1, 3 and 4, Block 6.
Abstract Property PID: 19-32006-03-010 and 19-32001-06-041 (the “Property”); and
WHEREAS, Developer has obtained the approval of the City for the development of the Property for a Stormwater Management Facilities; and
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WHEREAS, as used herein, the term “Stormwater Management Facilities” may refer to water quality and/or water quantity facilities (i.e. detention basins, retention basins, swales, pipes,
oil/water separators, sand filtering devices, infiltration facilities, sump structures, etc.) which are
located outside the public road right-of-way; and WHEREAS, the City has required that the Developer make provision for the construction, maintenance and repair of the Stormwater Management Facilities located within the boundaries of
the Property as shown on the Stormwater Facilities Location Map on Exhibit A attached hereto;
and
WHEREAS, the City and Developer desire to set forth their understanding with respect to the construction, repair and maintenance of the Stormwater Management Facilities and the responsibility relating to the costs of the repair and maintenance of the Stormwater Management
Facilities.
NOW THEREFORE, in consideration of the foregoing facts and circumstances, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto hereby agree as follows:
1. Construction and Maintenance of Stormwater Management Facilities. The
Developer agrees to construct the Stormwater Management Facilities according to the construction
plans drawn by Advanced Engineering Concepts dated July 12, 2021 (“Plans”) and repair and maintain the Stormwater Management Facilities at its sole cost and expense. Maintenance of the Stormwater Management Facilities shall include but is not limited to compliance with the Stormwater BMP Inspection and Maintenance Plan (“Inspection Plan”) attached as Exhibit B.
Developer shall submit an annual inspection report that complies with the Inspection Plan by
September 30th of each year. If the required annual inspection report is not submitted to the City by September 30th, the City shall have the right to enter onto the property to conduct the annual inspection. If it is determined that the Stormwater Management Facilities (1) have not been maintained; or (2) are not functioning as originally designed and intended; or (3) are in need of
repair, the Developer agrees to restore the Stormwater Management Facilities so that it functions
as it was designed and intended. Failure to comply with the restoration ordered by the City shall be an event of default. The Developer further agrees that it will not use the Stormwater Management Facilities for snow storage and will inform its snow removal contractors of this provision of the Agreement.
2. Developer’s Default. In the event of default by the Developer as to any of the work
to be performed by it hereunder, following at least thirty (30) days prior written notice and Developer’s failure to cure such default within such time-frame, except in an emergency as determined by the City, the City may, at its option, perform the work and the Developer shall promptly, following receipt of an invoice and reasonable substantiation of such costs, reimburse
the City for any reasonable out-of-pocket expense incurred by the City.
3. License, Easement, and Assessment. This Agreement is a license for the City to act when so authorized under this Agreement, and it shall not be necessary for the City to seek a Court order for permission to enter the Property. When the City does any such work, the City may, in addition to its other remedies, assess the reasonable out-of-pocket cost in whole or in part. The
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Developer has conveyed to the City and the public a permanent drainage and utility easement, described and depicted in more detail on the easement document, which is dedicated to the public
for the purpose of providing perpetual access to the City, or its successors responsible hereunder,
for purposes of inspecting and performing any necessary maintenance to the Stormwater Management Facilities.
4. Changes to Site Configuration or Stormwater Management Facilities. If site configurations or Stormwater Management Facilities change, causing decreased effectiveness of
Stormwater Management Facilities, new or improved Stormwater Management Facilities must be
implemented to ensure the conditions for post-construction stormwater management continue to be met.
5. Terms and Conditions. This Agreement shall run with the land and shall be binding upon Developer’s successors and assigns with respect to the Property. The terms and conditions
of this Agreement shall be binding upon and shall insure to the benefit of the parties hereto and
their respective successors and assigns.
6. Developer Warranty. Developer warrants and represents the following to the City and acknowledges that this Agreement has been duly executed and delivered and constitutes the legal, valid and binding obligation of Developer enforceable in accordance with its terms. The
party signing on behalf of the Developer has been duly authorized by the entity to sign the
Agreement and bind the entity. Developer has been duly formed under the laws of the State of Minnesota and is in good standing under the laws of the jurisdiction in which the Property is located, is duly qualified to transact business in the jurisdiction in which the Property is located, and has the requisite power and authority to enter into and perform this Agreement and the
documents and instruments required to be executed and delivered by Developer pursuant
hereto. This Agreement and the documents and instruments required to be executed and delivered by Developer pursuant hereto have each been duly authorized by all necessary action on the part of Developer and such execution, delivery and performance does and will not conflict with or result in a violation of Developer’s organizational agreement or any judgment or order. The
execution, delivery and performance by Developer of this Agreement will not (a) violate any
provision of any law, statute, rule or regulation or any order, writ, judgment, injunction, decree, determination or award of any court, governmental agency or arbitrator presently in effect having applicability to Developer, or (b) result in a breach of or constitute a default under any indenture, loan or credit agreement or any other agreement, lease or instrument to which Developer is a party
or by which it or any of its properties may be bound.
7. Amendment and Waiver. The parties hereto may by mutual written agreement amend this Agreement in any respect. Any party hereto may extend the time for the performance of any of the obligations of another, waive any inaccuracies in representations by another contained
in this Agreement or in any document delivered pursuant hereto which inaccuracies would
otherwise constitute a breach of this Agreement, waive compliance by another with any of the covenants contained in this Agreement, waive performance of any obligations by the other or waive the fulfillment of any condition that is precedent to the performance by the party so waiving of any of its obligations under this Agreement. Any agreement on the part of any party for any
such amendment, extension or waiver must be in writing. No waiver of any of the provisions of
this Agreement shall be deemed, or shall constitute, a waiver of any other provisions, whether or
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not similar, nor shall any waiver constitute a continuing waiver.
8. Governing Law. This Agreement shall be governed by and construed in accordance
with the laws of the State of Minnesota. 9. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original but all of which shall constitute one and the same
instrument.
10. Consent. Developer consents to the recording of this Agreement. 11. Limitation of Liability. Notwithstanding any other provision of this Agreement, in
no event shall either party or any of their affiliates, by reason of any of their respective acts or
omissions be liable whether in contract, tort, misrepresentation, warranty, negligence, strict liability or otherwise for any special, indirect, incidental or consequential damages arising out of or in connection with this Agreement, or the performance, non-performance or breach thereof.
12. Notice. Notice shall mean notices given by one party to the other if in writing and
if and when delivered or tendered: (i) in person; (ii) by depositing it in the United States mail in a sealed envelope, by certified mail, return receipt requested, with postage and postal charges prepaid, or (iii) by proper and timely delivery to an overnight courier service addressed by name and address to the party or person intended addressed as follows:
If to City: City of Hastings Attention: City Administrator 101 4th Street East Hastings, MN 55033
If to Developer: Quality One Woodwork, LLC Attn: Randy Hartl 3005 Millard Avenue Hastings, MN 55033
or to such other address as the party addressed shall have previously designated by notice given in accordance with this Section. Notices shall be deemed to have been duly given on the date of service if served personally on the party to whom notice is to be given, on the third day after mailing if mailed by United States postal service as provided above, or within twenty-four (24)
hours if sent via overnight courier service provided, that a notice not given as above shall, if it is
in writing, be deemed given if and when actually received by a party. [The remainder of this page was intentionally left blank.]
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IN WITNESS WHEREOF, the parties hereto have caused this document to be executed as of the day and year first above written.
CITY: CITY OF HASTINGS
By: Mary Fasbender Its Mayor
By: Kelly Murtaugh Its City Clerk
STATE OF MINNESOTA ) ) ss. COUNTY OF DAKOTA )
On this ___ day of ______________________, 2022, before me a Notary Public within and for said County, personally appeared Mary Fasbender and Kelly Murtaugh, to me personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and
City Clerk of the City of Hastings, the municipality named in the foregoing instrument, and that
the seal affixed to said instrument was signed and sealed on behalf of said municipality by authority of its City Council and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipality.
Notary Public
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DEVELOPER: QUALITY ONE WOODWORK, LLC
By: Name:
Its:
STATE OF MINNESOTA ) ) ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this ____ day of __________________, 2022 by , the
of Quality One Woodwork, LLC, a Minnesota limited liability company, on behalf of said limited
liability company.
Notary Public
This instrument drafted by
And after recording, please return to:
Korine L. Land (#262432) LeVander, Gillen & Miller, P.A. 1305 Corporate Center Drive, Suite 300 Eagan, MN 55121
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EXHIBIT A STORMWATER FACILITIES LOCATION MAP
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EXHIBIT B STORMWATER BMP INSPECTION AND MAINTENANCE PLAN
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City Council Memorandum
To: City Council
From: Eric Maass, AICP, EDFP, Economic Development Coordinator
Date: August 9, 2022
Item: Authorize Signature of Minnesota Investment Fund Municipal Grant Contract Agreement
REQUEST:
Authorize Signature of Minnesota Investment Fund Municipal Grant Contract Agreement. The
following actions are requested:
1) Authorize Signature of Minnesota Investment Fund Municipal Grant Contract
Agreement. This was applied for by the City of Hastings in support of helping secure a
60,000 square foot expansion of Intek Plastics, Inc to be located in Hastings when other
locations outside of the State of Minnesota were being considered.
RECOMMENDATION:
Staff recommends authorizing signature of Minnesota Investment Fund Municipal Grant
Contract Agreement with minor modifications as may be requested by the City Attorney.
BACKGROUND INFORMATION:
History:
City Staff conducted a BR&E visit of Intek Plastics in June of 2021 when we learned that Intek
was running out of room in their current facility and were assessing their expansion options.
City Staff took that opportunity to learn more about Intek Plastic’s needs with a future expansion
and how that could occur in Hastings. Staff engaged with the State of Minnesota Department of
Employment and Economic Development (DEED) when it was known that a location outside of
the State of Minnesota was being considered for the expansion.
Intek Plastics Inc’s expansion is planned to include an additional 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 with a total private
investment of $8.2 million.
The City of Hastings and Intek Plastics submitted applications to the Minnesota Investment Fund
(MIF) and Job Creation Fund (JCF) both of which are business subsidy programs administered
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by DEED and funded through the Minnesota State Legislature. Applications for both the MIF
and JCF have been approved pending signature of agreements.
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.
•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.
The State of Minnesota has awarded $975,000 as a repayable loan through the MIF program
for the Intek Plastics expansion project. While this is an exciting step forward, it does not yet
guarantee that the expansion will occur in Hastings.
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 Plastics, Inc.
Advisory Commission Discussion:
N/A
ATTACHMENTS:
•Municipal Grant Contract Agreement
3rd Street
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Municipal Grant Contract Agreement FY22: Updated July 2022
STATE OF MINNESOTA
GRANT CONTRACT AGREEMENT NO. CDAP-22-0008-H-FY23
This grant contract agreement is between the State of Minnesota, acting through the Department of
Employment and Economic Development ("State") and Intek Plastics, Inc. 1000 Spiral Blvd, Hastings, MN 55033
("Grantee").
Recitals
1. Under Minn. Stat. §§ 116J.993 through 116J.995 which established the guidelines for providing business
subsidies, and 116J.8731, which established the Minnesota Investment Fund, the State is empowered to
enter into this grant contract agreement.
2. The State is in need of local government to administer financial assistance to eligible projects in accordance
with Minn. Stat. § 116J.8731 Minnesota Investment Fund; Minnesota Rules Chapter 4300; and policies and
procedures developed by the State.
3. The work anticipated to be performed for the Borrower’s Project is not geographically dependent. It
therefore could have been located at any number of locations either within or outside of the State of
Minnesota. The subsidy has been provided to enhance the financial attractiveness and financial feasibility of
locating or retaining the Borrower’s operations in the Jurisdiction, rather than at some other location.
4. The Grantee represents that it is duly qualified and agrees to perform all services described in this grant
contract agreement to the satisfaction of the State. Pursuant to Minn. Stat. §16B.98, Subd.1, the Grantee
agrees to minimize administrative costs as a condition of this grant contract agreement.
5. The Grantee and State are entering into this grant contract agreement for public purposes that include the
creation or retention of jobs that pay quality wages, the enhancement of economic growth in the State of
Minnesota and the expansion of the tax base of the local community where the business will locate or
expand.
Defined Terms
Defined terms. As used in this grant contract agreement, the following terms shall have the meanings set
out respectively after such term (the meanings to be equally applicable to both the singular and plural forms
of the terms defined), unless the context specifically indicates otherwise:
“Application” means the Grantee’s application to the State for a Minnesota Investment Fund award for the
purpose of providing a loan to Intek Plastics, Inc. (“Borrower”).
“Benefit Date” means the date equipment financed through a Minnesota Investment Fund loan is fully
operational as defined in Section 1.2 of the Term of Agreement on page two of this grant contract
agreement.
“Compliance Date” is the date two years from the Benefit Date at which job creation and wage goals by the
Borrower must be completed.
“Full-Time Equivalent (FTE)” is one or more people working a sum of 2,080 hours in a calendar year.
“Loan Agreement” is a document between the Grantee and Borrower defining the terms and conditions of
the Loan.
Grant Contract Agreement
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Municipal Grant Contract Agreement FY22: Updated July 2022
1 Term of Grant Contract Agreement
Effective Date:
July 29,2022, or the date the State obtains all required signatures under Minn. Stat.§16B.98, Subd.
5, whichever is later. Per Minn. Stat.§16B.98, Subd. 5, the Grantee must not begin work until this
grant contract agreement is fully executed and the State's Authorized Representative has notified
the Grantee that work may commence. Per Minn.Stat.§16B.98 Subd. 7, no payments will be made to
the Grantee until this grant contract agreement is fully executed.
Benefit Date:
February 28, 2024
Compliance Date:
February 28, 2026. Two years after Benefit Date
Expiration Date:
May 28, 2026. Three months after Compliance Date, or until all obligations have been satisfactorily
fulfilled, whichever occurs first.
Survival of Terms.
The following clauses survive the expiration or termination of this grant contract agreement: 9.
Liability; 10. State Audits; 11. Government Data Practices and Intellectual Property Rights; 13.
Publicity and Endorsement; 14. Governing Law, Jurisdiction and Venue; and 16. Data Disclosure.
2 Grantee’s Duties
The Grantee, who is not a state employee, will:
Comply with required grants management policies and procedures set forth through Minn. Stat.
§16B.97, Subd. 4 (a) (1).
Perform the duties specified in Exhibit A which is attached and incorporated into this grant contract
agreement.
Provisions for Contracts and Sub-grants
(a) Contract Provisions. The Grantee must include in any contract and sub-grant, including the Loan
Agreement with the Borrower, in addition to provisions that define a sound and complete
agreement, such provisions that require contractors and sub-grantees to comply with applicable
state and federal laws. Along with such provisions, the Grantee must require that contractors
performing work covered by this grant be in compliance with all applicable OSHA regulations,
especially the federal Hazardous Waste Operations and Emergency Response Standards (29 CFR
1910.120 and 29 CFR 1926.65).
(b) Job Listing Agreements. Minn. Stat. § 116L.66, subd.1, requires a business or private enterprise
to list any vacant or new positions with the state workforce center if it receives $200,000 or
more a year in grants from the State. If applicable, the business or private enterprise shall list
any job vacancy in its personnel complement with MinnesotaWorks.net at
www.minnesotaworks.net as soon as it occurs.
(c) Payment of Contractors and Subcontractors. The Grantee must ensure that all contractors and
subcontractors performing work covered by this grant are paid for their work that is
satisfactorily completed. The Grantee’s sole obligation pursuant to this provision relates to
contractors or subcontractors directly hired by the Grantee, such as the City’s municipal advisor.
The Grantee has no obligation or duty under this Section 2.2(c) relating to contractors or
subcontractors hired directly or performing work on behalf of the Borrower.
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Municipal Grant Contract Agreement FY22: Updated July 2022
The Grantee shall make all reasonable efforts to collect and shall bear all costs associated with
monitoring, servicing, reporting and enforcing the terms of the Loan Agreement.
3 Time
The Grantee must comply with all the time requirements described in this grant contract agreement. In the
performance of this grant contract agreement, time is of the essence.
4 Consideration and Payment
Consideration
The State will pay for all services performed by the Grantee under this grant contract agreement as
follows:
(a) Compensation
The Grantee will be reimbursed according to the approved Budget contained in Exhibit B, which
is attached and incorporated into this grant contract agreement.
(b) Travel Expenses
Reimbursement for travel and subsistence expenses actually and necessarily incurred by the
Grantee as a result of this grant contract agreement will not exceed $0.00; provided that the
Grantee will be reimbursed for travel and subsistence expenses in the same manner and in no
greater amount than provided in the current "Commissioner’s Plan” promulgated by the
Commissioner of Minnesota Management and Budget (MMB). The Grantee will not be
reimbursed for travel and subsistence expenses incurred outside Minnesota unless it has
received the State’s prior written approval for out of state travel. Minnesota will be considered
the home state for determining whether travel is out of state.
(c) Total Obligation
The total obligation of the State for all compensation and reimbursements to the Grantee under
this grant contract agreement will not exceed $975,000.
Payment
(a) Payment Requests for Reimbursement
The State will disburse funds to the Grantee pursuant to this grant contract agreement, based
upon payment requests for reimbursement submitted by the Grantee and reviewed and
approved by the State. All funds must be disbursed within a twelve-month period of the Initial
Disbursement Date as defined in the Loan Agreement with a maximum of three disbursements.
Payment requests for reimbursement must be accompanied by supporting invoices that relate
to the activities in the approved budget and the documentation detailed in Section 4.4 of this
grant contract agreement. The State will provide payment request forms for reimbursement.
If the Grantee has received invoices from the Borrower for expenditures made after Effective
Date of this grant contract agreement but before the Grant is closed or until all funds are
disbursed, whichever is earlier, the Grantee shall submit those invoices to the State for review
and approval no later than 25 days after the end date of the state fiscal year of June 30th. To
ensure that all funds are drawn down by the Expiration Date of the grant contract agreement, all
Grantee payment requests for reimbursement must be received by the State at least 30 days
prior to the Expiration Date.
(b) Unexpended Funds
The Grantee must promptly return to the State any portion of funds that have not been
accounted for annually in a financial report to the State due at grant closeout.
Contracting and Bidding Requirements
Per Minn. Stat.§471.345, grantees that are municipalities as defined in Subd. 1 must follow the law.
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Municipal Grant Contract Agreement FY22: Updated July 2022
(a) For projects that include construction work of $25,000 or more, prevailing wage rules apply per;
Minn. Stat. §§177.41 through 177.44, consequently, the bid request must state the project is
subject to prevailing wage. These rules require that the wages of laborers and workers should
be comparable to wages paid for similar work in the community as a whole. A prevailing wage
form should accompany these bid submittals.
The provisions of this Section 4.3(a) shall apply only to contracts for supplies, materials,
equipment, or the rental thereof, or the construction, alteration, repair or maintenance of real
or personal property entered into directly by the Grantee. This Section is not applicable to
contracts for supplies, materials, equipment or the rental thereof, or the construction,
alteration, repair or maintenance of real or personal property entered into by the Borrower.
(b) The grantee must not contract with vendors who are suspended or debarred in MN:
http://www.mmd.admin.state.mn.us/debarredreport.asp
Documentation
The following information must be submitted and approved by the State before funds will be
released:
(a) Loan Documents
Minnesota Investment Fund Loan Agreement, promissory note, personal guaranties,
amortization schedule, and evidence of security filings, security agreement with UCC filing.
(b) Lender Documents
Documentation that participating lenders and or equity injections have closed on their
financing:
1) Promissory note for $3,000,000 from Bank.
2) Purchase agreement for $207,822 from city of Hastings
3) Evidence of equity injection in the amount of $4,516,500.
(c) Invoices
Invoices or other documentation as approved by DEED Loan Officer for $975,000 MIF
reimbursement costs and $975,000 in matching costs. Third party verification of additional
leverage costs for project expenses identified in Exhibit B in the amount of $6,749,322 will be
required at or prior to the Compliance Date.
(d) Eligible Costs
Eligible costs include the costs identified in Exhibit B of this grant contract agreement that are
incurred during the grant contract agreement period for equipment or real estate in the
corporate boundaries of the Grantee.
5 Conditions of Payment
All services provided by the Grantee under this grant contract agreement must be performed to the State’s
satisfaction, as determined at the sole discretion of the State’s Authorized Representative and in accordance
with all applicable federal, state and local laws, ordinances, rules and regulations. The Grantee will not
receive payment for work found by the State to be unsatisfactory or performed in violation of federal, state
or local law.
The State will not authorize disbursement of funds if there has been any adverse change in the Borrower’s
financial condition, organization, operations, or their ability to repay the project financing. Funds must be
disbursed to the Borrower within 21 days of receipt of funds from the State.
6 Monitoring and Corrective Action
Grantee agrees to permit monitoring by the State to determine grant contract agreement performance and
compliance with grant contract agreement provisions. Grantee further agrees to cooperate with the State in
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Municipal Grant Contract Agreement FY22: Updated July 2022
performing and completing such monitoring activities and Grantee agrees to implement and comply with
such remedial action as is proposed by the State. Grantee must provide any financial records, timesheets or
other supporting documentation, upon the request of the State.
7 Authorized Representative
The State's Authorized Representative is Chinwe Ngwu, Minnesota Investment Fund Lead, 651-259-7427,
chinwe.ngwu@state.mn.us , or his/her successor, and has the responsibility to monitor the Grantee’s
performance and the authority to accept the services provided under this grant contract agreement. If the
services are satisfactory, the State's Authorized Representative will certify acceptance on each invoice
submitted for payment.
The Grantee’s Authorized Representative is Eric Maass, Economic Development Coordinator, 101 4th Street
East, Hastings, MN 55033, 612-269-4467, emaass@hastingsmn.gov. If the Grantee’s Authorized
Representative changes at any time during this grant contract agreement, the Grantee must immediately
notify the State.
8 Assignment, Amendments, Waiver and Grant Contract Agreement Complete
Assignment
The Grantee shall neither assign nor transfer any rights or obligations under this grant contract
agreement without the prior written consent of the State, approved by the same parties who
executed and approved this grant contract agreement or their successors in office.
Amendments
Any amendments to this grant contract agreement must be in writing and will not be effective until
it has been executed and approved by the same parties who executed and approved the original
grant contract agreement or their successors in office.
Waiver
If the State fails to enforce any provision of this grant contract agreement, that failure does not
waive the provision or the State’s right to enforce it.
Grant Contract Agreement Complete
This grant contract agreement contains all negotiations and agreements between the State and the
Grantee. No other understanding regarding this grant contract agreement, whether written or oral,
may be used to bind either party.
9 Liability
The Grantee must indemnify, save and hold the State, its agents and employees harmless from any claims or
causes of action, including attorney’s fees incurred by the State, arising from the performance of this grant
contract agreement by the Grantee or the Grantee’s agents, employees or independent contractors. This
clause will not be construed to bar any legal remedies the Grantee may have for the State's failure to fulfill
its obligations under this grant contract agreement.
10 State Audits
Under Minn. Stat. § 16B.98, Subd.8, the Grantee’s books, records, documents, and accounting procedures
and practices of the Grantee or other party relevant to this grant contract agreement or transaction are
subject to examination by the State and/or the State Auditor or Legislative Auditor, as appropriate, for a
minimum of six years from the end of this grant contract agreement, receipt and approval of all final
reports, or the required period of time to satisfy all state and program retention requirements, whichever is
later.
11 Government Data Practices and Intellectual Property Rights
Government Data Practices
The Grantee and State must comply with the Minnesota Government Data Practices Act, Minn. Stat.
Ch. 13, as it applies to all data provided by the State under this grant contract agreement, and as it
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Municipal Grant Contract Agreement FY22: Updated July 2022
applies to all data created, collected, received, stored, used, maintained or disseminated by the
Grantee under this grant contract agreement. The civil remedies of Minn. Stat. §13.08 apply to the
release of the data referred to in this clause by either the Grantee or the State. If the Grantee
receives a request to release the data referred to in this Clause, the Grantee must immediately
notify the State. The State will give the Grantee instructions concerning the release of the data to
the requesting party before the data is released. The Grantee’s response to the request shall comply
with applicable law.
Intellectual Property Rights
The Grantee represents and warrants that Grantee’s intellectual property used in the performance
of this grant contract agreement does not and will not infringe upon any intellectual property rights
of other persons or entities. Notwithstanding Clause 10, the Grantee will indemnify; defend, to the
extent permitted by the Attorney General; and hold harmless the State, at the Grantee’s expense,
from any action or claim brought against the State to the extent that it is based on a claim that all or
part of Grantee’s intellectual property used in the performance of this grant contract agreement
infringe upon the intellectual property rights of others. The Grantee will be responsible for payment
of any and all such claims, demands, obligations, liabilities, costs and damages, including but not
limited to, attorney fees. If such a claim or action arises, or in the Grantee’s or the State’s opinion is
likely to arise, the Grantee must, at the State’s discretion, either procure for the State the right or
license to use the intellectual property rights at issue or replace or modify the allegedly infringing
intellectual property as necessary and appropriate to obviate the infringement claim. This remedy of
the State will be in addition to and not exclusive of other remedies provided by law.
12 Workers Compensation
The Grantee certifies that it is in compliance with Minn. Stat. §176.181, Subd. 2, pertaining to workers’
compensation insurance coverage. The Grantee’s employees and agents will not be considered State
employees. Any claims that may arise under the Minnesota Workers’ Compensation Act on behalf of these
employees and any claims made by any third party as a consequence of any act or omission on the part of
these employees are in no way the State’s obligation or responsibility.
13 Publicity and Endorsement
Publicity
Any publicity regarding the subject matter of this grant contract agreement must identify the State
as the sponsoring agency and must not be released without prior written approval from the State’s
Authorized Representative. For purposes of this provision, publicity includes notices, informational
pamphlets, press releases, research, reports, signs and similar public notices prepared by or for the
Grantee individually or jointly with others, or any subcontractors, with respect to the program,
publications or services provided resulting from this grant contract agreement. All projects primarily
funded by state grant appropriations must publicly credit the State of Minnesota, including on the
grantee’s website when practicable.
Endorsement
The Grantee must not claim that the State endorses its products or services.
14 Governing Law, Jurisdiction and Venue
Minnesota law, without regard to its choice-of-law provisions, governs this grant contract agreement. Venue
for all legal proceedings out of this grant contract agreement, or its breach, must be in the appropriate state
or federal court with competent jurisdiction in Ramsey County, Minnesota.
15 Termination
Termination by the State
The State may immediately terminate this grant contract agreement with or without cause, upon 30
days’ written notice to the Grantee. Upon termination, the Grantee will be entitled to payment,
determined on a pro rata basis, for approved costs incurred.
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Municipal Grant Contract Agreement FY22: Updated July 2022
Termination for Cause
The State may immediately terminate this grant contract agreement if the State finds that there has
been a failure to comply with the provisions of this grant contract agreement, that reasonable
progress has not been made or that the purposes for which the funds were granted have not been
or will not be fulfilled. The State may take action to protect the interests of the State of Minnesota,
including the refusal to disburse additional funds and requiring the return of all or part of the funds
already disbursed.
Termination for Insufficient Funding
The State may immediately terminate this grant contract agreement if:
(a) It does not obtain funding from the Minnesota Legislature;
(b) Or, if funding cannot be continued at a level sufficient to allow for the payment of the approved
costs covered here. Termination must be by written or fax notice to the Grantee. The State is
not obligated to pay for any services that are provided after notice and effective date of
termination. However, the Grantee 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 contract is terminated because of the decision of the Minnesota
Legislature or other funding source, not to appropriate funds. The State must provide the
Grantee notice of the lack of funding within a reasonable time of the State’s receiving that
notice.
16 Data Disclosure
Under Minn. Stat. § 270C.65, Subd. 3, and other applicable law, the Grantee consents to disclosure of its
social security number, federal employer tax identification number, and/or Minnesota tax identification
number, already provided to the State, to federal and state tax agencies and state personnel involved in the
payment of state obligations. These identification numbers may be used in the enforcement of federal and
state tax laws which could result in action requiring the Grantee to file state tax returns and pay delinquent
state tax liabilities, if any.
17 Conflicts of Interest
The State will take steps to prevent individual and organizational conflicts of interest in reference to
Grantees per Minn.Stat.§16B.98 and Department of Administration, Office of Grants Management, Policy
Number 08-01 Conflict of Interest Policy for State Grant-Making (Current Policies tab). When a conflict of
interest concerning State grant-making is suspected, disclosed or discovered, transparency shall be the
guiding principle in addressing it.
In cases where a potential or actual individual or organizational conflict of interest is suspected, disclosed, or
discovered by the Grantee throughout the life of the grant contract agreement, they must immediately
notify the State for appropriate action steps to be taken, as defined above.
The Grantee must complete a Conflict-of-Interest Disclosure Form.
18 Successors and Assignees
This grant contract agreement shall be binding upon any successors or assignees of the parties.
19 Minnesota Business Subsidy Law
This grant contract agreement must comply with the Minnesota Business Subsidy Law, Minn. Stat. §§
116J.993 through 116J.995 as applicable.
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8 Municipal Grant Contract Agreement FY22: Updated March 2022
1. STATE ENCUMBRANCE VERIFICATION
Individual certifies that funds have been encumbered as
required by Minn. Stat.§ 16A.15.
Signed:
Date:
SWIFT Contract/PO No(s):
2. GRANTEE
The Grantee certifies that the appropriate person(s) has executed the grant
contract agreement on behalf of the Grantee as required by applicable
articles, bylaws, resolutions, or ordinances.
By:
Title:
Date:
By:
Title:
Date:
3. STATE OF MINNESOTA: DEPARTMENT OF EMPLOYMENT AND
ECONOMIC DEVELOPMENT
By:
(WITH DELEGATED AUTHORITY)
Title:
Date:
Distribution: Agency Grantee State’s Authorized Representative
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Municipal Grant Contract Agreement FY22: Updated July 2022
EXHIBIT A
GRANTEE DUTIES
The Grantee, who is not a State employee, will:
1 Administer the project in accordance with the requirements of the Minnesota Investment Fund
Program, Minn. Stat. § 116J.8731; Minn. Rules, Chapter 4300; and policies and procedures developed by
the State.
2 Enter into a Loan Agreement with the Borrower for $975,000, (“LOAN”) and assure the following
conditions are included in such Loan Agreement:
Conditions
(a) Loan Term: 7 years
(b) Interest Rate: 1%
(c) Collateral: Machinery and Equipment
(d) The personal guaranty of Sarah Lindahl, John Fort, Elizabeth Door, Allyson S. Aldrich are
required.
Job Creation and Wages
(a) As of the project award date, the Borrower identified 210 full time equivalent (FTE) base
jobs that must be maintained through the Compliance Date. If necessary, base job number
will be amended following the Effective Date to account for fluctuation during grant
contract agreement processing periods.
(b) The Borrower will create an additional Forty-six (46) permanent non-contract FTE jobs
between the Effective Date and the Compliance Date. Each job created may be included in
only one “wage bracket” as stated below:
(i) Ten (10) paying at least $19.56 per hour in cash wages, exclusive of Benefits. The
Borrower is entitled to repayable loan proceeds in the amount of $17,945 per job
created in this wage bracket not to exceed $179,450 in total;
(ii) Twenty-two (22) paying at least $23.54 per hour in cash wages, exclusive of Benefits.
The Borrower is entitled to repayable loan proceeds in the amount of $20,936 per job
created in this wage bracket not to exceed $460,592 in total;
(iii) Fourteen (14) paying at least $30.06 per hour in cash wages, exclusive of Benefits. The
Borrower is entitled to repayable loan proceeds in the amount of $23,926 per job
created in this wage bracket not to exceed $334,964 in total;
(iv) In no case shall the total amount of the loan exceed the total obligation listed in Section
4.1(c) of the grant contract agreement.
(c) All jobs created through the Compliance Date must pay at least $14.68 per hour, including
Benefits, on the Compliance Date. Benefits are defined as one or more of the following:
health, dental, life and disability insurance, retirement program and profit sharing paid by
the Borrower.
(d) If the Borrower fails to meet the job creation and wage goal level commitments on the
Compliance Date, the Grantee may, after approval by the State and after holding a public
hearing, extend the Compliance Date for up to one year. If the Borrower fails to meet the
job creation goal and wage level commitment by the revised Compliance Date, the award
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Municipal Grant Contract Agreement FY22: Updated July 2022
amount shall be reduced proportionally on a per job basis, and the Borrower will be
required to repay the Grantee all or a proportional share of the Loan funds on an
accelerated term. If the Borrower is required to repay a proportional share, the amount
shall be determined based upon the “wage bracket” values defined in Section 2.2(b).
Forgivable loan proceeds are required to be repaid first. The Grantee will then also be
required to return to the State all or a proportional share of the Loan funds. The interest
rate on the “accelerated” portion of the loan shall increase as defined in the Promissory
Note.
(e) In the event that no jobs are created by the Borrower by the revised Compliance Date, or all
jobs created do not meet the commitment noted in 2.2(c), the Grantee will be required to
return all loan funds to the State on an accelerated basis.
Payment of Prevailing Wages to Contractors
Minn. Stat. §116J.871 applies if a business receives $500,000 or more in State loan funds and
the State funds are used for construction, installation (including equipment), remodeling and
repairs.
3 Require the Grantee’s attorney to review the loan agreement, promissory note, security agreement,
mortgage, guaranty and/or other documents, if any, considered necessary to secure the loan to ensure
they are valid, binding, and enforceable.
4 If applicable, retain 40% of each principal and interest payment made by the Borrower, up to $100,000.
Repay to the State 60% of each principal and interest payment made by the Borrower until the Grantee
has received $100,000 in repayments. Once the Grantee has received $100,000 in repayments, the
Grantee will repay the State 100% of every payment on the loan until paid in full. In the event the loan is
not paid in full or job and wage goals in Section 2.2 are not met, principal and interest the Grantee
retains will be reduced proportionally and returned to the State.
5 For any portion of the loan which is repayable under the Loan Agreement or which becomes repayable
pursuant to Section 2.2(d) or (e) of this Exhibit A, the Grantee shall make all reasonable effort, in
consultation with the State, to collect the repayable portion of the loan. If, after all reasonable effort has
been made to collect, the Borrower continues to owe any repayable portion of the loan, the Grantee
will have no obligation to repay the loan to the State from the Grantee’s own funds, notwithstanding
any funds owing under Section 4 of this Exhibit A. The Grantee shall continue to be obligated to remit to
the State any loan funds that may be recovered from the Borrower in the future.
6 The Grantee will establish and maintain a revolving loan fund (RLF) consistent with Minn. Stat.
§116J.8731 Minnesota Investment Fund; Minnesota Rules Chapter 4300; and policies and procedures
developed by the State and the State RLF Guidelines published by DEED. The Grantee must retain
financial control and decision-making authority regarding the use of repayments from the loan. Upon
approval by the State, the Grantee may loan or grant money from its RLF to a regional development
commission, or other regional entity, or statewide community capital fund to capitalize or to provide the
local match required for capitalization of a regional or statewide RLF.
7 Reporting Requirements
Minnesota Investment Fund Annual Progress Reports
(a) Submit to the State annual progress reports on forms provided by the State until the project
goals have been met or until the Compliance Date, whichever is later. These reports must be
submitted January 25th of each year for the period ending December 31, for as long as the
project remains open. A final Progress Report is required within 25 days of the Compliance
Date.
(i) January 25, 2023, for the period ending December 31, 2022;
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Municipal Grant Contract Agreement FY22: Updated July 2022
(ii) January 25, 2024, for the period ending December 31, 2023;
(iii) January 25, 2025, for the period ending December 31, 2024;
(iv) January 25, 2026, for the period ending December 31, 2025;
(v) Twenty-five days after the Compliance Date.
(b) Funds will not be disbursed on any Grant with past due progress reports per OGM Policy 08-
09.
(c) The final report must be submitted no later than 25 days after the Compliance Date.
(d) The State, at its discretion, may require the submittal of additional progress reports.
(e) Information required in these reports may include, but is not limited to the following:
● Permanent jobs created ● Hourly base wage ● Date of hire
● Job titles ● Hourly value of benefits ● Benefits provided
● Project expenditures ● Status of project ● Status of payments
● Payroll report
Minnesota Business Assistance Form (MBAF) Reports
Submit to the MN Department of Employment and Economic Development, Office of Economic
Analysis, no later than April 1st of each year until the project goals have been met, but not less than
two years.
8 Keep financial records, including properly executed contracts, invoices, receipts, vouchers and other
documents sufficient to evidence in proper detail the nature and propriety of the expenditures made
pursuant to this grant contract agreement for a period of six years. Accounting methods must be in
accordance with generally accepted accounting principles.
9 Complete the project in accordance with the approved budget within the time frames specified in this
grant contract agreement.
10 Promptly notify the State of any proposed material change in the scope of the project, budget, or
completion date, which must be approved by the State, prior to implementation.
11 Have on file the necessary documentations to show that all project funds have been used for the items
stated in the application.
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Municipal Grant Contract Agreement FY22: Updated July 2022
Exhibit B
Approved Budget
Use of Funds MIF Bank Equity City Total
Property Acquisition $207,822 $207,822
Site Improvement $0
Building Renovation $1,000,000 $1,000,000
Construction $3,000,000 $2,605,000 $5,605,000
Machinery & Equip.$975,000 $811,500 $1,786,500
Roads $0
Water $0
Sewer (Sanitation)$0
Other $100,000 $100,000
Total $975,000 $3,000,000 $4,516,500 $207,822 $8,699,322
VIII-08
City Council Memorandum
To: Mayor Fasbender & City Councilmembers
From: Emily King, Deputy City Clerk
Date: August 15, 2022
Item: Approve Hastings Social, LLC dba Hastings Tavern & Alley Cat Liquor Block Party
Application with Liquor License Amendment
Council Action Requested:
Adopt the attached resolution for a block party request with liquor license amendment for Hastings
Social, LLC dba Hastings Tavern & Alley Cat Liquor.
Background Information:
Brandon Sigmundik of Hastings Social, LLC dba Hastings Tavern & Alley Cat Liquor, 111 3rd Street
East, submitted a block party application with liquor license amendment application for Saturday,
August 20, 2022 from 5:00 p.m. to 9:00 p.m. The liquor license amendment allows liquor to be
served within the confines of the fenced area of the rear parking lot of Alley Cat Liquor.
Staff reviewed the application and recommended approval of the event subject to the following
conditions:
• Access and exit points from the alcohol service area must be staffed with security personnel
at all times during service hours.
• Staff/security are to wear recognized shirts to distinguish them as employees and security.
• Security personnel are expected to immediately report to the Hastings Police Department any
traffic safety issues, disorderly conduct, or criminal behavior that may affect the safety of the
event organizers, attendees, or the surrounding community.
• Alcoholic beverages may not be permitted outside of the designated/fenced area.
• Proof of insurance for the temporary sales must be received by City staff in advance of the
events.
Financial Impact:
N/A
Advisory Commission Discussion:
N/A
Council Committee Discussion:
N/A
Attachments:
• Resolution
• Application and Road Closure Map
VIII-09
CITY OF HASTINGS
DAKOTA COUNTY, MINNESOTA
RESOLUTION NO. 08 - - 22
RESOLUTION APPROVING BLOCK PARTY APPLICATION
WITH LIQUOR LICENSE AMENDMENT FOR AN EVENT HOSTED BY HASTINGS
SOCIAL, LLC DBA HASTINGS TAVERN & ALLEY CAT LIQUOR
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Hastings,
Minnesota that Hastings Social LLC, dba Hastings Tavern & Alley Cat Liquor’s Block Party Request
with a liquor license amendment is approved.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF HASTINGS, MINNESOTA
THIS 15th DAY OF AUGUST 2022.
ATTEST:
_____________________________
Mary D. Fasbender, Mayor
____________________________
Kelly Murtaugh, City Clerk
WHEREAS, Mr. Brandon Sigmundik, on behalf of Hastings Social LLC, dba Hastings
Tavern & Alley Cat Liquor, 111 3rd Street East, presented an application to the City of Hastings for a
block party with a liquor license amendment to serve liquor within the confines of a fenced area on
Saturday, August 20, 2022 from 5:00 p.m. to 9:00 p.m.
WHEREAS, approval is contingent upon the City receiving the required insurance
documents; and
WHEREAS, the request is subject to the following conditions; and
• Access and exit points from the alcohol service area must be staffed with security
personnel at all times during service hours.
• Staff/security are to wear recognized shirts to distinguish them as employees and
security.
• Security personnel are expected to immediately report to the Hastings Police Department
any traffic safety issues, disorderly conduct, or criminal behavior that may affect the
safety of the event organizers, attendees, or the surrounding community.
• Alcoholic beverages may not be permitted outside of the designated/fenced area.
• Proof of insurance for the temporary sales must be received by City staff in advance of
the events.
VIII-09
Application for a
Block Party
*May include street closures.
*No fees are required for a Block Party Permit.
*Please allow up to seven (7) business days for approval.
Business/Organization Information
Name:
Address:
City/State/Zip:
Phone: Cell Phone:
Email Address:
Event Description
Proposed Dates:
Proposed Start Time:
Proposed End Time:
Approximate Number of Attendees:
Block Party Location and Cross Streets:
Proposed Street Closures:
Contact Person Information
Name:
Address:
City/State/Zip:
Phone: Cell Phone:
Email Address:
VIII-09
Data Practices Notice
Every city in Minnesota must comply with the Minnesota Government Data Practices Act (MGDPA), which, in
conjunction with other state and federal laws, classifies all government data. Government data are classified in
different categories depending on whether they are accessible by the public.
Government data means all data collected, created, received, maintained or disseminated by the City regardless of its
physical form, storage media or conditions of use. There is a presumption that government data are public and are
accessible by the public for inspection and copying unless there is a federal law, state statute or temporary
classification of data that provides differently.
The data supplied in this application will be used to assess the qualifications for a license. This data is not legally
required but the City will not be able to grant the license without it. If a license is granted, the data will constitute a
public record. The data is needed to distinguish this application from others, to identify this application in city license
files, to verify the identity of the applicant, to contact the applicant if additional information is required and to
determine if the applicant meets all ordinance requirements.
I hereby certify that all statements made in this application are true and complete and understand that any misstatements
or omissions of material facts may result in disqualification or denial of the license. I agree to abide by the provisions
of this application and all applicable City polices and ordinances.
Signature of Applicant Date
Submit Application to:
Emily King
Deputy City Clerk
101 4th Street East
Hastings, MN 55033
eking@hastingsmn.gov
651-480-2343
VIII-09
CITY OF HASTINGS BLOCK PARTY PROVISIONS
1. Applications must be submitted on forms provided by the City of Hastings at least seven
(7) working days in advance of scheduled event.
2. Affected neighbors must be notified in writing of the party when application is made to the
City for the scheduled event.
3. Barricades must be used and must be placed at the ends of the street(s) to be blocked off.
*The City of Hastings does not provide traffic barricades as a service for block parties,
you will have to acquire your own appropriate and official traffic control devices via a
vendor.
*Vendors renting traffic control devices:
(In alphabetical order)
Geyer Signal
https://www.constructionequipment.com/
company/geyer-signal-st-cloud-inc
Phone: 320-253-9005
Toll-free: 877-990-9005
4205 Roosevelt Rd.
St. Cloud, MN 56301
Safety Signs of MN
https://www.safetysigns-mn.com/
952-469-6700
19784 Kenrick Ave
Lakeville, MN 55044
Warning Lites
https://www.warninglitesmn.com/
Phone: 612-521-4200
Toll-free: 800-766-5483
4700 Lyndale Ave N
Minneapolis, MN 55430
4. Emergency vehicles must have access to the street(s) at all times.
5. Barricades are to be removed immediately after the block party ends.
6. The participants are responsible for cleaning up the street after the block party.
7. Participants shall be aware of fellow neighbors and considerate of noise levels.
8. The Hastings Police Department has the authority to end the party.
9. No permit will be issued to any applicant that has previously had a block party
terminated by police action.
10. The applicant agrees to indemnify and hold harmless: the City of Hastings, Minnesota, it’s
agents and employees from any and all claims, demands, actions, or cause of action of
whatever nature of character arising out of or by reason of the conduct of the block party in
any respect, including but not limited to costs, attorney’s fees, expenses, etc. incurred in
connection with the defense or settlement of any claims for injuries or damage resulting from
or connected with the block party.
VIII-09
VIII-09
VIII-09
City Council Memorandum
To: Mayor Fasbender & City Council Members
From: David D. Wilske, Chief of Police
Date: August 15th, 2022
Item: Sale of Surplus Property
Council Action Requested:
Declare vehicles as surplus property and authorize for public sale.
Background Information:
The City of Hastings Police Department currently has three forfeited vehicles seized through forfeiture
proceedings. These vehicles have been cleared for sale/destruction with the proceeds to be applied to
the Department's forfeiture account in accordance with Minnesota law. Upon declaration of the
vehicles as excess/surplus property, they will be made available for public sale via a commercially
available online auction service or destroyed. The following vehicles are to be declared surplus/excess
property and authorized for sale/destruction:
1996 Chrysler TWC 1C4GP55R7TB453992 Forfeiture
2005 Chrysler TWC 2C4GP54L45R147012 Forfeiture
1997 Polaris Scrambler 4XABC38CXVB015804 Forfeiture
Financial Impact:
Positive financial impact
Advisory Commission Discussion:
None
Council Committee Discussion:
None
Attachments:
None
VIII-10
City Council Memorandum
To: Mayor Fasbender & City Council Members
From: John Townsend, Fire Chief
Date: August 15, 2022
Item: Declare Surplus Property and Authorize for Public Sale, Donation, or Disposal
Council Action Requested:
Approve declaration of surplus property and authorize for public sale: 1 snowmobile, 1
snowmobile trailer, and 1 patient transport trailer.
Background Information:
With the purchase of the used UTV and trailer we will no longer have use for:
Snowmobile trailer: 1996, Serial Number: 1PBSN10J2V1000807 City ID tag: 03449
Snowmobile: 1999 Arctic Cat, Serial Number 4UF00SNW2YT101701
ATV/Snowmobile patient transport trailer: Serial Number: 0II90483
Financial Impact:
Decreased maintenance costs due to reduction in aging vehicles and trailers.
Advisory Commission Discussion: N/A
Council Committee Discussion: N/A
Council Workshop: N/A
Attachments: None
VIII-11
City Council Memorandum
To: Mayor Fasbender & City Councilmembers
From: Chris Jenkins, Parks & Recreation Director
Date: August 15, 2022
Item: Budget Adjustment
Council Action Requested: Approve budget adjustment to spend
dedicated funds to replace the disc golf baskets at CP Adams Park.
Background Information: The disc golf course at CP Adams Park is a
highly regarded course and has hosted state tournaments, professional
tournaments and pro-am tournaments during its lifespan. The course also
has a solid group of volunteers who have recently reached out to the Parks
Department to work on course expansion and improvements.
During conversations and site visits, the most desirable, immediate
improvement is to replace the current baskets. Other improvements to
include additional holes, hole modifications, signage, etc. are proposed as
well, and staff will continue to work with dedicated volunteers to implement
those improvements.
Within the dedicated funds budget, there is $12,600.00 of dedicated funding
that came to the City from local gambling distributions. Staff are proposing
to use this funding to purchase 22 new disc golf baskets for the CP Adams
Disc Golf Course (21 baskets for the course, and 1 basket for practice).
Financial Impact:
Total project cost: $12,082.73
Advisory Commission Discussion: None
Council Committee Discussion: None
Attachments:
▪ Quote
VIII-12
73 Hangar Way
Watsonville, CA 95076
(831) 722-6037
fax (831) 722-8176
Quantity Product Description Unit Price Total
Additional Course Equipment Options to Consider
Number Plate Conversion Kits $30.00
Powder Coating Fee $90.00 Tax:
Extra Anchors/ Pin Positions $25.00 Freight:
Basic Color Tee Signs $40.00 Grand Total:
12x 18 Full Color Rules Sign $45.00
City: Hastings State: MN Zip: 55033
Quotation Form
(Freight Quote Subject to Change)
Date: 08.09.22
Address:
Name: City of Hastings Parks and Recreation Department
Phone: 651-480-6176 Email: cjenkins@hastingsmn.gov
Contact Person: Chris Jenkins Title:
22 Mach X Standard 575.00$ 12,650.00$
Includes Anchor and Collar -$
-$
22 Course Discount (100.00)$ (2,200.00)$
-$
22 Number Plate 30.00$ 660.00$
#0-21 -$
-$
-$
-$
-$
-$
-$
-$
-$
12,082.73$
*All prices are per unit
Business Address L.A - L.G NOT Needed
Subtotal:11,110.00$
972.73$
Note: International customers will be responsible for all duties and taxes at delivery.
VIII-12
City Council Memorandum
To: Mayor Fasbender & City Council Members
From: Chris Eitemiller, Finance Manager and Ashley Bertrand, Senior Accountant
Date: August 15, 2022
Item: 2022 2nd Quarter Financial Report
Council Action Requested: Review and approve the attached second quarter financial
report.
Background Information: The second quarter financial report is a quarterly update of
2022 activity through June 30, 2022. Consistent with past practice, some numbers in the
report are adjusted to take into consideration the effects of year-end accruals and year-
to-year allocation differences.
Detail of the City’s investments holdings is provided in Appendix A.
Detail of the City’s capital infrastructure projects is provided in Appendix B.
Financial Impact: N/A
Advisory Commission Discussion: N/A
Council Committee Discussion: N/A
Attachments:
2022 2nd Quarter Financials
Appendix A – 2022 Investment Holdings as of June 30, 2022
Appendix B – 2022 Capital Infrastructure Projects as of June 30, 2022
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2022 2nd Quarter Financial Update
2 | P a g e
2022 2nd Quarter Financial Update
Governmental Funds
General Fund
General Fund Revenue Summary:
The largest source of revenue is property tax levy. The City received an advance payment in June,
while the second half will be received in July.
Our investments are not performing as well as prior years due to the pandemic; you will see this
repeatedly in each fund.
Public Works-Streets had a large increase in 2021 due to State Aid for the Highway 316 project, and
the annual Mill & Overlay program. This has been reduced in 2022.
Transfers increased in 2021 due to a budget amendment which transferred funds from the Vehicle &
Equipment Fund to the General Fund. These funds were used to fund IT expenditures for switches
and a storage system. This has been reduced in 2022, causing this variance.
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2022 2nd Quarter Financial Update
3 | P a g e
General Fund Expense Summary:
None of the General Fund Departments have any budget concerns at this point in the year.
Variances from the typical mid-year spending pattern are largely due to capital or supplies purchases
that are expected to be close to budget by year-end.
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2022 2nd Quarter Financial Update
4 | P a g e
Parks - Fund 200
Income is tracking as expected with investment earnings lower than previous years.
Joint Facility revenue is lower than anticipated; we are awaiting the second quarter payment.
Expenditures look on target at 42% of 50% being spent.
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2022 2nd Quarter Financial Update
5 | P a g e
Aquatic Center – Fund 201
Capital Outlay including the Mechanical Room and Pool House Renovations were completed
in the first half in 2021. This expense accounts for the large variance.
This fund will expend the bulk of its budget by the end of August.
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2022 2nd Quarter Financial Update
6 | P a g e
Fire & Ambulance – Fund 213
Fire & Ambulance Revenue Summary:
In 2021, we had not received payment for the Rural Fire Contract. Payment has been
received in 2022, which explains the variance.
In 2021, there was a budget amendment approved, transferring funds from the General
Fund to Fire for equipment. This transfer was not needed in 2022, causing the variance.
VIII-13
2022 2nd Quarter Financial Update
7 | P a g e
Fire & Ambulance Expense Summary:
Fire expense is less in 2021, due largely to savings in the Dispatch contract with Dakota
County. The City-wide dispatch budget decreased over $33,000 from 2020. Based on call
data, Fire’s share of this total was reduced. In addition to the total budget decreasing, Fire’s
Other Services and Charges category saw a nearly $60,000 net decrease.
Other Services & Charges expense is higher in Ambulance for 2022. The contract for medical
services accounts for this increase.
Capital Outlay is higher in Fire for 2022. Two capital projects were completed (Radios and
Station Alerting System) which accounts for the variance.
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2022 2nd Quarter Financial Update
8 | P a g e
Arena – Fund 615
Arena Sales Income increased in 2022. Since the pandemic was still happening in early 2021,
arena sales were lower than expected.
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2022 2nd Quarter Financial Update
9 | P a g e
Enterprise Funds
The Enterprise funds consist of our three utility funds and the hydro plant.
Water – Fund 600
Water revenue is steady with 24% collected as of June 30th.
Personnel expense is lower than anticipated in 2022, due to the vacancy of the PW Director
position. You will see this trend in the other enterprise funds as well.
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2022 2nd Quarter Financial Update
10 | P a g e
Sewer – Fund 601
The sewer revenue is also steady at 30% collected since June 30th. Expense is in line with the
budget.
Storm Water – Fund 603
The storm water fund revenue in line with the other utilities.
A street sweeper was purchased in the first half of 2022, causing the large variance.
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2022 2nd Quarter Financial Update
11 | P a g e
Hydro – Fund 620
Capital Outlay expense is lower in 2022; we purchased a generator and upgraded the
controls for the hydro plant in 2021.
City-Wide Debt Service
Debt Service expenditures are as anticipated. The principal payment due date is February
1st; all principal payments were made as of the end of the first quarter. Interest payments
are made on February 1st as well as August 1st.
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2022 2nd Quarter Financial Update
12 | P a g e
Transfers
2022 Transfers
Quarterly transfers are made for administrative charges, internal funding, and savings needs.
Transfers posted for 2nd quarter 2022 were all budgeted transfers or budgeted use of stabilization
funds.
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2022 2nd Quarter Financial Update
13 | P a g e
Cash and Investments Balances
Cash balances fluctuate throughout the year based on planned spending, receipt of fund revenues
and the timing of property tax payments. The cash balance within a fund can be one indicator of the
health of the fund.
FUND DESCRIPTION June 30, 2021 June 30, 2022
General Fund 5,168,781 7,463,718
Parks 1,151,164 1,497,847
Aquatic Center 455,798 448,166
Cable TV 111,982 105,617
Cable Access 39,365 37,852
Heritage Preservation 83,364 88,136
Fire & Ambulance 481,775 189,198
LeDuc Historical Estate Operations 169,848 145,641
Police Reserves 16,050 23,437
DUI Enforcement & Forfeitures 34,814 44,944
2016 Equipment Certificates 33,095 32,236
Parks Facility Bonds 323,230 215,235
2013 Equipment Certificates 63,501 64,042
Parks Capital Projects 113,645 99,266
Budget Stabilization Fund 345,232 352,232
HEDRA 1,218,385 948,209
TIF 3 Guardian Angels (099) 20,687 570
TIF 5 NAPA (116) 7,431 23,226
TIF 4 Downtown Redevelopment (007) (20,543) (21,288)
TIF 7 Hudson Sprayers 8,455 12,161
TIF 8 Schoolhouse Square 0 6
PW Cold Storage Building 0 902,106
2020 Improvements (181,194) (242,410)
2021 Improvements 0 (369,760)
2022 Improvements 0 3,252,840
Debt Redemption 1,009,730 989,875
2016A GO TIF (quasi refunding) Bonds 134,597 125,992
2010B GO Improvement Bonds 135,757 51,543
2011 GO Improvement Bonds 113,701 (57,670)
2012 GO Improvement Bonds 88,454 70,525
2013 GO Improvement Bonds 66,057 35,414
2014 GO Improvement Bonds 111,270 76,621
2015 GO Improvement Bonds 114,821 105,414
2016 GO Improvement Bonds 210,663 168,600
2017 GO Improvement Bonds 98,261 75,566
2018 GO Improvement Bonds (5,220) (25,301)
2019 GO Improvement Bonds 991,202 896,429
2020 GO Improvement Bonds 76,694 430,148
2021 GO Improvement Bonds 0 308,624
Water 2,024,820 3,997,077
Wastewater 1,422,062 1,840,306
Storm Water 949,761 934,673
Arena 525,821 575,908
Hydro Electric 30,405 116,825
Retiree Health 55,677 252,219
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2022 2nd Quarter Financial Update
14 | P a g e
Compensated Absences 109,052 78,013
Vehicle Revolving Fund 186,698 605,891
Insurance Fund 201,976 508,367
Cable Security Deposit 0 88
Escrow-Letter of Credit 0 316
Escrow -Dev/Eng/TIF-HRA 395,422 556,236
Ruth Doffing Trust Fund-Library 93,937 89,930
C. Simmons Trust 221,599 214,505
C. Simmons Residuary 11,425 (358)
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2022 2nd Quarter Financial Update
15 | P a g e
Investments
The City’s total investment portfolio was valued at $32,418,694 as of June 30, 2022.
Allocation of the City’s portfolio is as follows. Additional detail is available in Appendix A.
Additional Information
Further detail of the information presented here may be obtained by contacting the finance department. The
Finance Manager may be reached for questions at 651-480-2347 or CEitemiller@hastingsmn.gov. The Senior
Accountant may be reached at 651-480-2354 or ABertrand@hastingsmn.gov.
CD's
$6,969,596
21%
Municipal Bonds
$7,430,000
23%
Money Markets
(Bond Proceeds)
$18,019,098
56%
City of Hastings Investment Portfolio-June 30, 2022
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2022 2nd Quarter Financial Update
16 | P a g e
Appendix A – Investment Holdings
Detail of Municipal Bonds, Agencies and CDs
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2022 2nd Quarter Financial Update
17 | P a g e
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2022 2nd Quarter Financial Update
18 | P a g e
Appendix B – Capital Infrastructure Status
VIII-13
City Council Memorandum
To: Mayor Fasbender & City Councilmembers
From: Chris Jenkins, Parks & Recreation Director
Date: August 15, 2022
Item: Levee Park Designated Space for Permanent Art Display
Council Action Requested: Approve allowing a permanent art installation at
Levee Park, in the designated space.
Background Information: As part of the 2022 Budget, the City Council initiated
the Community Investment Fund and allocated $100,000.00 in funding for 2022.
The Community Investment Fund is focused on partnerships and civic engagement
with a goal of creating and supporting vibrant, community-supported, public
projects and efforts.
One of the approved CIF projects is funding a charette process as proposed by
Building Remembrance for Reconciliation (BR4R) in the amount of $10,000. As
BR4R has worked through their planning process to host the charette, they have
met with me on multiple occasions. One of the requirements of CIF funded projects
is that it must be on city owned property, and BR4R sought guidance on what sites
on city property were available and ideal for a permanent art installation.
BR4R’s goal is to develop an art piece to be permanently displayed, and they are
using the charette process to accomplish this goal. My first suggestion for a
permanent art installation is the dedicated space, designed and intended for art
installations at Levee Park (pictures attached). This space has played host to
numerous temporary art pieces since construction was completed, and there is
currently one piece installed. Representatives of BR4R agree this is the most
desired location for a permanent art installation.
I have visited the site, taken preliminary measurements and plan to provide these
space “not to exceed” measurements to BR4R as they guide their charette teams.
Having these final measurements and approval from City Council is important for
the charette teams prior to the charette process, so they can develop an art piece,
that when completed, would fit in the space and have a permanent home.
Future City Council approval of the developed art piece would also be required prior
to construction and installation.
Staff recommend designating the allocated space (roughly 37ft x 20ft) at Levee
Park for the installation of an approved permanent art piece developed through
BR4R’s charette process. Staff also recommend BR4R representatives advise
X-B-01
charette participants that the proposed art should not overly impact the visual site
lines from surrounding park areas and private businesses.
Financial Impact:
N/A
Advisory Commission Discussion:
N/A
Council Committee Discussion:
N/A
Attachments:
▪ Site Pictures & Measurements
X-B-01
Dakota County, MN
Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed.
This is not a legal document and should not be substituted for a title search,appraisal, survey, or
for zoning verification.
Map Scale
1 inch = 19 feet
8/9/2022
X-B-01
X-B-01
City Council Memorandum
To: Mayor Fasbender & City Councilmembers
From: Justin Fortney, City Planner
Date: August 15, 2022
Item: Resolution: Interim Use Permit - Temporary Parking and Hockey Rink
2800 Ravenna Trail
Council Action Requested:
Review the proposed Interim Use Permit and act on the attached resolution to
allow temporary improvements for up to 18 months.
Approval requires a simple majority of the City Council.
Background Information:
The Interim Use Permit allows for temporary improvements that do not meet all of the
city development standards for a period of time in areas outside the MUSA (Metropolitan
Urban Service Area). This would allow for temporary operations or allow to begin an
operation with minimal upfront investment.
An approved permit is probational for the first six months and then may be reauthorized
for a year by the City Council. After this 18-month period, the improvements must be
removed or brought up to full development standards following an approved site plan.
The applicant made a similar request in spring of 2020 to construct a confidence course
(AKA obstacle course) at the property. The proposal included a temporary gravel drive
and parking lot, dumpster, and portable toilets. They proposed to construct the necessary
pavement and landscaping at the end of the original Interim Use Permit. The proposal
was approved, but the improvements were never made. The applicant cites an unexpected
and temporary financial hardship of the organization related to the pandemic. The
applicant’s current proposal overlaps the proposed improvement area of the original
proposed area and includes both uses in the plan for temporary and permanent
improvements.
See the attached Planning Commission staff report for a complete background of the
request.
Financial Impact:
Site development may increase tourism travel to Hastings from the region.
Advisory Commission Discussion:
At the August 8, 2022 Planning Commission meeting, the Planning Commission voted 5-
0 to recommend approval of the request. The Commission briefly discussed the future
phases and site plan reviews. No members of the public made comment aside from the
applicant.
X-C-01
Council Committee Discussion:
N\A
Attachments:
• Resolution – Interim Use Permit
• Planning Commission Memo – August 8, 2022
X-C-01
HASTINGS CITY COUNCIL
RESOLUTION NO._________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS
GRANTING AN INTERIM USE PERMIT FOR SPORTING IMPROVEMENTS
AND PARKING LOT JUST EAST OF THE SOUTHEAST CORNER OF
RAVENNA TRAIL AND GLENDALE ROAD, 2800 RAVENNA TRAIL,
HASTINGS, MN
Council member ___________________________ introduced the following
Resolution and moved its adoption:
WHEREAS, Shane Hudella of the United Heroes League has petitioned for an Interim
Use Permit to operate a hockey rink, confidence course, and parking lot at 2800 Ravenna
Trail, legally described as follows:
Part of the West Half of the Northeast Quarter of Section 35, Township 115, Range 17,
Dakota County, Minnesota lying south of CSAH 54 and east of County Road 91; except
the south 1072 feet lying west of the east 275.35 feet; and except that part lying westly of
a line commencing at the intersection of the centerlines of CSAH 54 and County Road
91; thence South 79 degrees 02 minutes 08 seconds East along the centerline of CSAH 54
a distance of 846 feet to the beginning of the line to be described; thence South 10
degrees 57 minutes 52 seconds West a distance of 501.37 feet; thence North 79 degrees
02 minutes 08 seconds West a distance of 145.11 feet; thence South 10 degrees 57
minutes 52 seconds West a distance of 225.32 feet to the north line of the south 1072
feet; and except the south 200 feet of the east 275.34 feet subject to CSAH 54; and
WHEREAS, the proposed use is allowed by right in the A (Agriculture) zoning
district; and
WHEREAS, on August 8, 2022, review was conducted before the Planning
Commission of the City of Hastings as a public hearing which was preceded by proper
notice as required by law, as required by state law, city charter, and city ordinance; and
WHEREAS, The Planning Commission recommended approval subject to the
conditions of this resolution; and
WHEREAS, The City Council has reviewed the request and recommendation of
the Planning Commission.
X-C-01
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF HASTINGS AS FOLLOWS:
That the City Council hereby approves the Interim Use Permit as presented subject to the
following conditions:
1. Conformance with the Planning Commission Staff Report and plans dated August 8,
2022.
2. Approval is subject to an 18-month duration including a 6-month probationary period
to start when operations begin.
3. based on Mn Building (Chapter 29) and Mn accessibility codes.
4. Trash After the expiration of approval, the site must either comply with all
development regulations or cease operations entirely and the site must be completely
reverted to pre-August 15, 2022 interim use condition.
5. Hours of operation and noise must conform to the regulations in City Chapter 95:
Health and Safety; Nuisances.
6. Accessibility service and temporary restrooms are required during times of operation.
7. A sign permit is required for any signage.
8. The entrance must be gated.
9. Only site uses including the confidence course, ice rink and parking lot of the master
plan have been reviewed and approved for an Interim Use Permit at this time. Other
site amenities shown on the plan have not been reviewed for compliance or
construction and are not allowed under the Interim Use Permit.
10. Portable restrooms are allowable only until one year after city sewer availability
(availability proposed for 2027).
11. Coordination of the driveway location with Dakota County and the Metropolitan
Council’s wastewater treatment plant driveway location.
12. Construct the required driveway improvements required by Dakota County, which
may include an eastbound right turn lane with the 2023 drive and parking pavement.
13. Coordinate drainage plans with Dakota County as they impact drainage to the County
right-of-way.
14. Execution of a stormwater access and maintenance agreement between the City and
property owner.
15. The applicant and the City shall enter into a written agreement by which the applicant
expressly agrees to the preceding conditions and the consequences that may result
from the violation of any conditions, including revocation of the interim use permit.
X-C-01
Council member ______________________ moved a second to this resolution and
upon being put to a vote it was unanimously adopted by all Council Members present.
Adopted by the Hastings City Council on August 15, 2022, by the following vote:
Ayes:
Nays:
Absent:
ATTEST:
__________________________
Mary Fasbender, Mayor
________________________________
Kelly Murtaugh
City Clerk
I HEREBY CERTIFY that the above is a true and correct copy of resolution presented to
and adopted by the City of Hastings, County of Dakota, Minnesota, on the 15th day of
August, 2022, as disclosed by the records of the City of Hastings on file and of record in
the office.
________________________________
Kelly Murtaugh
City Clerk (SEAL)
This instrument drafted by:
City of Hastings (JJF)
101 4th St. E.
Hastings, MN 55033
X-C-01
To: Planning Commissioners
From: Justin Fortney, City Planner
Date: August 8, 2022
Item: Public Hearing: Interim Use Permit - Temporary Parking and Hockey Rink
2800 Ravenna Trail – 2022-47
Planning Commission Action Requested: The Planning Commission is asked to review
the proposed Interim Use Permit and make a recommendation to the City Council.
Background Information: The Interim Use Permit allows for temporary improvements
that do not meet all of the city development standards for a period of time in areas
outside the MUSA (Metropolitan Urban Service Area). This would allow for temporary
operations or allow to begin an operation with minimal upfront investment.
An approved permit is probational for the first six months and then may be reauthorized
for a year by the City Council. After this 18-month period, the improvements must be
removed or brought up to full development standards following an approved site plan.
The applicant made a similar request in spring of 2020 to construct a confidence course
(AKA obstacle course) at the property. The proposal included a temporary gravel drive
and parking lot, dumpster, and chemical toilets (AKA Porta-Potty). They proposed to
construct the necessary pavement and landscaping at the end of the original Interim
Use Permit. The proposal was approved, but the improvements were never made. The
applicant cites unexpected financial hardship. The applicant’s current proposal overlaps
the proposed improvement area of the original proposed area and includes both uses in
the plan for temporary and permanent improvements.
The applicant’s rational for Interim Use Permit approval is as follows:
UHL Response: At this point the project is too large to absorb financially in one year. Our plan is
to absolutely pave the following year in preparation for the additional traffic and potential
hosting of Hockey Day. Paving, curb & gutter, lighting, and landscaping would be completed in
summer of 2023. See Phase 2 site plan for proposed 2023 construction.
Like a lot of businesses, Covid19 was a huge factor for us in being able to bring the paved lot to
fruition during the existing IUP. Those days are behind us and we are having a record year for
revenues, in addition to bringing high end development assets on board via Hille & Assoc., Ryan
Co., & Rani.
We are also pursuing Hockey Day MN 2025 which will be a tremendous event not only for UHL,
Planning Commission Memorandum
X-C-01
but for the entire community. Not only from a tourism perspective, but also from a revenue
perspective for the city. Council Member Vaughan can speak at length to the event I believe if
you are not familiar with it. The Minnesota Wild and Bally Sports North will require our lot be
paved with appropriate lighting for that event, so we will have that additional pressure to follow
through on this next summer.
It’s just the right thing to do anyhow with our monument being open now and the progression
of our long range development plans.
- 2022 Rink
- 2023 Parking / Lighting
- 2024 Football, Soccer, Baseball Fields
- 2026 Facility
Interim Use Review
The temporary improvements should not negatively affect the area. There are few
neighbors near the site and it was previously used as a sand and gravel mine. The site is
open to appointment only.
Notification
Property owners within 350’ were notified of the IUP. No comments have been
received.
SITE PLAN REVIEW
Comprehensive Plan Classification
The 2040 Comprehensive Plan designates this area as Agricultural.
Zoning Classification
The subject property is zoned A -Agriculture. Which allows the proposed use of
recreation.
Adjacent Zoning and Land Use
Direction Existing Use Zoning Comp Plan
North Vacant - future wastewater plant Agriculture Institutional
East Large lot residential/ vacant Agriculture Agriculture
South Large lot residential/ vacant Agriculture Agriculture
West Extreme Sandbox/ bus. homes Agriculture Agriculture
Existing Condition
The 14-acre parcel is currently vacant land and conjoining additional land owned by the
applicant including some in Ravenna Township.
Building Setbacks
There are no buildings currently proposed. The site, rink, and parking are appropriately
setback from the property lines.
X-C-01
Parking
The gravel parking lot would contain about 336 parking spaces. The applicant’s team has
stated the following project information regarding the project and parking:
UHL Response: We have additional development that we hope to accomplish over time. In an
effort to reduce unnecessary spend, we are trying to construct elements of the development
once. Along with the ice rink, confidence course, memorial wall, and fields, our 5 year plan
anticipates an 80k sf athletic facility. We are constructing this for the future so as to not have to
rebuild any of the parking lot in the future. Our parking count in the current state is higher than
we need, but the count will support the proposed larger operation in the future.
The city zoning code does not have categories for all the proposed uses on site.
Recreation participant/ spectator requires one space per four seats or 8-feet of bench
length. Presumably, most of these uses will not occur at the same times and seasons.
We will have more details on parking needs when the coming phases are designed. The
proposed gravel lot is sufficient for the interim uses proposed. There is ample area for
any needed parking expansion.
Dakota County and the applicant have discussed a requirement to construct a right turn
lane into the site when it’s paved next year.
Architectural Standards
No buildings are proposed
Landscaping
Landscaping is not required for an Interim Use Permit. Landscaping will be required during
the site plan process.
Lighting
Permanent lighting is proposed for the second phase of the development.
Attachments:
• Aerial Photograph
• Photographs
• Current Master Plan - Full Build Out
• Site Plan - Interim Use Permit
X-C-01
X-C-01
Existing Confidence Course
X-C-01
Current Master Plan - Full Build-Out
X-C-01
Site Plan - Interim Use Permit
X-C-01
City Council Memorandum
To: Mayor Fasbender and City Council From: John Hinzman, Community Development Director Date: August 15, 2022 Item: Heritage Ridge 4th Addition - TC Land LLC - General Sieben and Northridge
Drives.
Council Action Requested: Consider the following actions related to development of HERITAGE RIDGE 4TH ADDITION containing 36 lots located west of General Sieben Drive and Northridge
Drive as proposed by TC Land LLC:
1) Resolution: Final Plat - Approval to subdivide property into 36 lots and one outlot consistent with the previous Preliminary Plat approval.
2) Authorize Signature: Site Grading Agreement - Authorization to begin limited
grading activities. A simple majority is necessary for action.
Background Information:
The City Council granted Preliminary Plat approval on October 5, 2020. The Final Plat is consistent with Preliminary Plat approval. Financial Impact:
The addition of 36 home sites will add to the tax base and create needed housing
opportunities. Advisory Commission Discussion: The Planning Commission voted 7-0 to recommend approval of the Final Plat at the June
13, 2022 meeting with limited discussion. No one from the public spoke for or against
the request during the meeting Attachments:
• Resolution
• Planning Commission Staff Report - June 13, 2022
• Site Grading Agreement
X-C-02 (a,b)
HASTINGS CITY COUNCIL RESOLUTION NO._________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS
GRANTING FINAL PLAT APPROVAL OF HERITAGE RIDGE 4TH ADDITION Council member ___________________________ introduced the following Resolution and moved its adoption:
WHEREAS, TC Land LLC has petitioned for Final Plat approval of HERITAGE RIDGE 4TH ADDITION, containing 36 lots and one outlot. The subject property is generally located west of General Sieben Drive and Northridge Drive and legally described as Outlot E, HERITAGE RIDGE, and Outlot B, HERITAGE RIDGE 3RD ADDITION, all
within Dakota County, Minnesota; AND
WHEREAS, on October 5, 2020 the City Council granted Preliminary Plat approval; and
WHEREAS, on June 13, 2022, review of the final plat was conducted before the
Planning Commission of the City of Hastings, as required by state law, city charter, and city ordinance; and WHEREAS, The Planning Commission recommended approval of the Final Plat
finding it to be consistent with the approved Preliminary Plat; and WHEREAS, The City Council has reviewed the request and recommendation of the Planning Commission.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HASTINGS AS FOLLOWS: That the City Council hereby approves the Final Plat as presented subject to the following conditions:
1) Conformance with the plans submitted with the City Council Staff Report dated
August 15, 2022.
2) Final approval of all Civil Plans including Grading, Drainage and Erosion Control
Plan, and Utility Plan by the Public Works Director.
X-C-02 (a,b)
3) All disturbed areas on the property shall be stabilized with rooting vegetative
cover to eliminate erosion control problems.
4) Establishment of sureties and payment of escrow prior to commencement of site
grading and utilities.
5) No Occupancy of dwelling units shall occur until Developer furnishes the City
with a copy of written notice, acknowledged by the initial owners and occupants
of the dwelling, demonstrating that the Developer notified initial owners and
occupants, and by recording a written notice to any subsequent owners, of the
existence of active mining operations including blasting on the adjacent property
and the potential for disturbance to foundations and improvements.
6) Execution of a Development Agreement to memorialize conditions of approval
and to establish applicable escrow amounts to ensure completion of public
improvements.
7) Execution of a stormwater access and maintenance agreement between the City
and property owner prior to recording of the final plat.
8) A declaration of covenants, conditions and restrictions or the equivalent
document shall be submitted for review and approval by the City before release
of the final plat mylars to ensure maintenance of any open space, median
plantings, cul-de-sac plantings, common drives, stormwater infrastructure,
and common utilities. The declaration shall include, but is not limited to, the
following:
a. A statement requiring the deeds, leases or documents of conveyance
affecting buildings, units, parcels, tracts, townhouses, or apartments be
subject to the terms of the declaration.
b. A provision for the formation of a property owners association or
corporation and that all owners must be members of said association or
corporation which may maintain all properties and common areas in
good repair and which may assess individual property owners
proportionate shares of joint or common costs. The association or
corporation must remain in effect and may not be terminated or
disbanded.
c. Membership in the association shall be mandatory for each owner and
any successive buyer.
d. Any open space restrictions must be permanent and may not be changed
or modified without city approval.
X-C-02 (a,b)
e. The association is responsible for liability insurance, local taxes and
the maintenance of the open space facilities deeded to it.
f. Property owners are responsible for their pro-rata share of the cost of the
association by means of an assessment to be levied by the association
which meet the requirements for becoming a lien on the property in
accordance with Minnesota Statutes.
g. The association may adjust the assessment to meet changing needs. 9) Submission of certification of taxes paid in full for the property prior to release
of the final plat mylars for recording.
10) Payment of $79,200 ($2,200 x 36 units) to satisfy park dedication requirements
prior to release of the final plat mylars for recording.
11) Payment of $17,460 ($485 x 36 units) in sewer interceptor fees prior to release of
the final plat mylars for recording.
12) Developer presentation of trunk sewer extension costs to the Public Works
Director to determine any City contribution towards upsizing.
13) Individual mailboxes for each home are not permitted. Mailboxes must be
grouped into clusters.
14) Developer shall plant "boulevard" trees of at least 1.5 caliper inches
according to the submitted tree plan. An escrow is required for any
unplanted trees before a certificate of occupancy is issued.
15) One front yard tree of at least 1.5 caliper inches must be planted by the builder
or developer on every platted lot. An escrow is required for any unplanted
trees before a certificate of occupancy is issued.
16) Blanket drainage and utility easements shall be recorded against all outlots,
unless they are further delineated to the satisfaction of the Public Works
Director.
17) Any uncompleted site work (including landscaping) must be escrowed for
prior to issuance of a certificate of occupancy.
18) Authorization to execute related Stormwater Management and Easement
Agreements as part of the Plat approval.
X-C-02 (a,b)
19) Approval is subject to a one year Sunset Clause; the plat must be recorded with
Dakota County within one year of City Council approval or approval is null and
void.
Council member ______________________ moved a second to this resolution and upon being put to a vote it was adopted by the Council Members present.
Adopted by the Hastings City Council on August 15, 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 15th day of August, 2022, as disclosed by the records of the City of Hastings on file and of record in the office.
________________________________ Kelly Murtaugh, City Clerk (SEAL)
This instrument drafted by: City of Hastings (JH) 101 4th St. E. Hastings, MN 55033
X-C-02 (a,b)
To: Planning Commissioners
From: John Hinzman, Community Development Director
Date: June 13, 2022
Item: Heritage Ridge 4th Addition - Final Plat #2022-33 - TC Land
Planning Commission Action Requested
Recommend action on the request of TC Land for the Final Plat of Heritage Ridge 4th Addition
containing 36 traditional single family and villa home lots along with one Outlot. The +/-12.12 acre
property is currently owned by WRB LLC and located north of Heritage Ridge 3rd Addition near
General Sieben Drive and Northridge Drive.
BACKGROUND INFORMATION
Preliminary Plat Approval
Preliminary Plat approval for the greater 40 acre parcel into 116 lots was reviewed by the Planning
Commission on August 24, 2020 and approved by the City Council on October 5, 2020. The Final
Plat conforms with the Preliminary Plat. The 4th Addition would complete final plating of all 116
lots.
Comprehensive Plan
The property is guided Low Residential within the 2040 Comprehensive Plan. The designation
includes single family and two family housing with allowable densities of 2.5-6.0 housing units per
net acre and lots sizes of at least 6,000 s.f. The proposed development plan is consistent with the
Comprehensive Plan.
Zoning
The parcel is R-2 - Medium Density Residence. The R-2 District allows both single and two family
structures.
Existing Condition
The site is gently rolling, treeless, and used for agriculture.
Planning Commission Memorandum
X-C-02 (a,b)
Adjacent Zoning and Land Use
The following land uses abut the property:
Direction Use Comp Plan District Zoning District
North
Agriculture
SEAS Church - Nininger Twp
Low Density Residential
Nininger Twp
East General Sieben Drive
Single Family Residential
Low Density Residential
R-1 - Low Density
Residence
South Heritage Ridge 3rd Add
Single Family Residential
Low Density Residential
R-2 Medium
Density Residence
West Nininger Township
Agriculture
Low Density Residential
Nininger Twp
FINAL PLAT REVIEW
Request
Final Plat approval of Heritage Ridge 4th Addition containing 36 home sites comprising of
traditional and villa home lots.
Difference Between Preliminary Plat and Final Plat
Preliminary Plat approval includes the plan for future subdivision of the entire development
including a review of lots, streets, grading, stormwater, utilities, public land dedication, and
landscaping. Final Plat approval is the formal subdivision of all or a portion of a Preliminary Plat
into lots of record for home construction. The Preliminary Plat establishes the plan for
development, while the Final Plat formally puts the plan into effect.
Lot Layout
Proposed lots meet the following minimum requirements of the R-2 Zoning District:
Minimum
Requirement
Proposal
Lot Area 7,000 s.f. 7,164 - 16,873 s.f.
Front Yard Setback 20’ 20’
Interior Side Yard Setback 7’ 7’
Corner Side Yard Setback 10’ 10’
Rear Yard Setback 20’ 20 - 70’
X-C-02 (a,b)
Outlots
Outlots are parcels of land that are restricted from immediate development. Development
restrictions may be permanent (such as stormwater basins), or temporary (such as future phases
of a development). The outlots included in the final plat are designated as follows:
• Stormwater Ponding - Outlot A
Street Layout
Development includes the connection of Northbrook Drive from Westpointe Drive to General
Sieben Drive. Northridge Circle would extend north of Northridge Drive.
Pedestrian Access
Pedestrian access is adequate. A sidewalk is planned for the north side of Northridge Drive with a
trail on the south side of the roadway. Sidewalks would connect to existing facilities along
Ridgepointe and Westpointe Drives. Trail connections would be made to Northridge Drive and
General Sieben Drive to connect to the Hastings trail system.
Aggregate Operations
Solberg Aggregate is actively mining areas along the western 1/3rd of the greater Heritage Ridge
Subdivision (adjacent to the 1st and 2nd Additions). The mining operations are located within
Nininger Township and outside of the jurisdiction of the City of Hastings. Mining activities can
produce noise. Blasting of aggregate has historically occurred ranging from once a week to once
every three weeks. Future mining operations could be expanded further east brining operations
in closer proximity to home sites. Future home owners should be made aware of the existence of
the mining operations and the potential for disturbance.
Landscape Plan
The landscape plan identifies boulevard tree plantings every 50 lineal feet along all new right-of-
ways. Additional trees are shown within the read yards. Front yard trees will be required for
every unit as part of the building permit.
Civil Plan Review - Grading, Drainage, Erosion Control, and Municipal Utilities
The Engineering Department is conducting an in depth analysis of stormwater drainage to ensure
conformance with requirements. Approval is conditioned on approval by the Public Works
Director.
X-C-02 (a,b)
Sanitary Sewer and Water Trunk Oversizing
Trunk sanitary sewer and water will be extended into and through the site for future
development. Oversize charges may be paid by the City.
Development Agreement
The City and developer shall enter into a Development Agreement to memorialize conditions of
approval and to establish applicable escrow amounts to ensure completion of public
improvements.
Stormwater Maintenance Agreement
The developer must execute a stormwater maintenance agreement over all private stormwater
utility systems to ensure private maintenance and to allow for emergency public access prior to
recording of the final plat.
Association Maintenance Agreement
A homeowner’s association or similar mechanism will be required to ensure maintenance of
private common infrastructure including cul-de-sac islands, and private stormwater infrastructure
prior to recording of the final plat.
Park Land Dedication
On January 21, 2020 the City Council accepted cash in lieu of land to satisfy park dedication within
Heritage Ridge consistent with the January 14th recommendation of the Parks and Recreation
Commission. Payment of cash in lieu of land in the amount of $79,200 ($2,200 x 36 units) will be
due prior to release of the final plat mylars for recording.
Interceptor Sewer Fee
Payment of sewer interceptor fees in the amount of $17,460 ($485 x 36 units) is required prior to
release of the final plat mylars for recording.
RECOMMENDATION - FINAL PLAT
Approval of the Final Plat of the Heritage Ridge 4th Addition is recommended subject to the
following conditions:
1) Conformance with the plans submitted with the Planning Commission Staff Report dated
June 13, 2022.
2) Final approval of all Civil Plans including Grading, Drainage and Erosion Control Plan, and
Utility Plan by the Public Works Director.
X-C-02 (a,b)
3) All disturbed areas on the property shall be stabilized with rooting vegetative cover to
eliminate erosion control problems.
4) Establishment of sureties and payment of escrow prior to commencement of site grading
and utilities.
5) No Occupancy of dwelling units shall occur until Developer furnishes the City with a copy
of written notice, acknowledged by the initial owners and occupants of the dwelling,
demonstrating that the Developer notified initial owners and occupants, and by recording
a written notice to any subsequent owners, of the existence of active mining operations
including blasting on the adjacent property and the potential for disturbance to
foundations and improvements.
6) Execution of a Development Agreement to memorialize conditions of approval and to
establish applicable escrow amounts to ensure completion of public improvements.
7) Execution of a stormwater access and maintenance agreement between the City and
property owner prior to recording of the final plat.
8) A declaration of covenants, conditions and restrictions or the equivalent document shall
be submitted for review and approval by the City before release of the final plat mylars
to ensure maintenance of any open space, median plantings, cul-de-sac plantings,
common drives, stormwater infrastructure, and common utilities. The declaration
shall include, but is not limited to, the following:
a. A statement requiring the deeds, leases or documents of conveyance affecting
buildings, units, parcels, tracts, townhouses, or apartments be subject to the terms
of the declaration.
b. A provision for the formation of a property owners association or corporation and
that all owners must be members of said association or corporation which may
maintain all properties and common areas in good repair and which may assess
individual property owners proportionate shares of joint or common costs. The
association or corporation must remain in effect and may not be terminated or
disbanded.
c. Membership in the association shall be mandatory for each owner and any
successive buyer.
d. Any open space restrictions must be permanent and may not be changed or
modified without city approval.
X-C-02 (a,b)
e. The association is responsible for liability insurance, local taxes and the
maintenance of the open space facilities deeded to it.
f. Property owners are responsible for their pro-rata share of the cost of the
association by means of an assessment to be levied by the association which
meet the requirements for becoming a lien on the property in accordance with
Minnesota Statutes.
g. The association may adjust the assessment to meet changing needs.
9) Submission of certification of taxes paid in full for the property prior to release of the
final plat mylars for recording.
10) Payment of $79,200 ($2,200 x 36 units) to satisfy park dedication requirements prior to
release of the final plat mylars for recording.
11) Payment of $17,460 ($485 x 36 units) in sewer interceptor fees prior to release of the
final plat mylars for recording.
12) Developer presentation of trunk sewer extension costs to the Public Works Director to
determine any City contribution towards upsizing.
13) Individual mailboxes for each home are not permitted. Mailboxes must be grouped into
clusters.
14) Developer shall plant "boulevard" trees of at least 1.5 caliper inches according to the
submitted tree plan. An escrow is required for any unplanted trees before a
certificate of occupancy is issued.
15) One front yard tree of at least 1.5 caliper inches must be planted by the builder or
developer on every platted lot. An escrow is required for any unplanted trees before
a certificate of occupancy is issued.
16) Blanket drainage and utility easements shall be recorded against all outlots, unless they
are further delineated to the satisfaction of the Public Works Director.
17) Any uncompleted site work (including landscaping) must be escrowed for prior to
issuance of a certificate of occupancy.
X-C-02 (a,b)
18) Approval is subject to a one year Sunset Clause; the plat must be recorded with Dakota
County within one year of City Council approval or approval is null and void.
ATTACHMENTS
• Site Location Map
• Preliminary Plat
• Final Plat
• Civil Plans
• Application
X-C-02 (a,b)
LOCATION MAP
X-C-02 (a,b)
X-C-02 (a,b)
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CB
RE=888.8
IE=885.2
CBBH TOP CL
RE=888.8
IE=884.4
CB
RE=882.8
IE=879.4
CB
RE=887.1
IE=883.4
CB
RE=890.1
IE=886.9
SB 103
SB 102
SB 104
SB 106
SB 105
SB 100
SB 101
SB 111
TP 3 &3A
TP 4
TP 2 & 2A
TP 6
TP 5
TP 1
TP 10
TP 9
TP 8
TP 7
TP 11
TP 12
TP 13
TP 20
SAND
STOCKPILE
BLACK DIRT
STOCKPILE
ROCK
STOCKPILE
BL
O
C
K
1
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2
1
2
3
4
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3
45
6
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8
NO
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CIRC
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2
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DRIVE
11109876
5
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2
BLOCK 4
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9
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4
895.8
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3
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5
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0
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6
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2
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1
.
0
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2
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5
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LF=884.0
FBWO
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LF=885.0
FBWO
884.5
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LF=885.5
FBWO
885.0
GF=893.0
LF=884.5
FBWO
884.0
GF=894.0
LF=885.5
FBWO
885.0
GF=893.0
LF=884.5
FBWO
884.0
GF=892.6
LF=884.1
FBWO
883.6
RI
D
G
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P
O
I
N
T
D
R
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E
1
4
+
0
0
1
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+
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1
9
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6+00
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0
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0
10+
0
0
11+
0
0
12+
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0
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0
14+00
15+00
16+00
16+89.69
PI:
0
+
0
0
.
0
0
PC
:
3
+
2
1
.
3
3
PT:
7
+
8
8
.
2
0
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7
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6
6
EP
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0
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0
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7
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4
4
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6
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8
5
PC
C
:
3
+
8
7
.
7
7
PT: 5+38.21
PC: 6+69.13
PR
C
:
7
+
9
7
.
9
4
PT:
9
+
2
2
.
5
8
-0+30
0+00
1+00
2+00
2+33.94
?
?
?
?
?
?
?
?
?
POND 30
NWL=876.40
100-YR=880.50
100-YR B-B=882.33
POND 90
100-YR=885.74
BTM=881.80 FOREBAY 10
NWL=878.00
100-YR=881.62
FOREBAY 40
NWL=890.00
100-YR=893.24
EX.POND 50
884.2
EOF
%
2
.
0
%
2
.
0
01.8
8
8
.
0
%
8.1
%
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C7.5
4
BITUMINOUS
SAW & SEAL
C7.1
2
ROCK
CONSTRUCTION
ENTRANCE
C7.1
2
ROCK
CONSTRUCTION
ENTRANCE
C7.1
1
SILT
FENCE
(TYP.)
C7.1
1
SILT
FENCE
(TYP.)
C7.1
2
INLET
PROTECTION
(TYP.)
22
TEMPORARY POND 10
C7.1
1
SILT
FENCE
(TYP.)
EXISTING SILT FENCE
CONSTRUCTION DOCUMENTS RCH21 APRIL 2022
PROJECT NO.
FILE NAME
LA
N
D
F
O
R
M
c
IF THE SIGNATURE, SEAL OR FOUR LINES DIRECTLY ABOVE ARE NOT
VISIBLE, THIS SHEET HAS BEEN REPRODUCED BEYOND INTENDED
READABILITY AND IS NO LONGER A VALID DOCUMENT. PLEASE CONTACT
THE ENGINEER TO REQUEST ADDITIONAL DOCUMENTS.
PROJECT
CERTIFICATION
105 South Fifth Avenue
Suite 513
Minneapolis, MN 55401
Tel: 612-252-9070
Fax: 612-252-9077
Web: landform.net
Landform®and Site to Finish®are registered service marks of Landform Professional Services, LLC.
DATE ISSUE / REVISION REVIEW
CONTACT ENGINEER FOR ANY PRIOR HISTORY
ISSUE / REVISION HISTORY
DEVELOPER
MUNICIPALITY
HERITAGE RIDGE
4TH ADDITION
HASTINGS, MINNESOTA
CONSTRUCTION DOCUMENTS
April 21, 2022
ZZZ19450.FLC
20
2
2
PREL
I
M
I
N
A
R
Y
NOT F
O
R
CONS
T
R
U
C
T
I
O
N
TC LAND INVESTMENTS, LLC
13925 Fenway Blvd. No.
Hugo MN 55038
I hereby certify that this plan was prepared by me, or under my direct supervision, and that I am
a duly Licensed Professional Engineer under the laws of the state of MINNESOTA.
Signature shown is a digital reproduction of original. Wet signed copy of this plan on file at
Landform Professional Services, LLC office and is available upon request.
Randall C. Hedlund
License No:19576 Date:4/21/2022
C301ZZZ450-PH04.DWG
GRADING, DRAINAGE &
EROSION CONTROL
C3.1
NORTH
0 50 100
BUILDING TYPE
FBWO = FULL BASEMENT
WALK OUT
FBLO = FULL BASEMENT
LOOK OUT
FB = FULL BASEMENT
NO WALK OUT
NO LOOKOUT
XXX.X
FBWO/FB
XXX.XX/XXX.X
GF=XXX.X : FRONT GARAGE FLOOR ELEVATION
: UNIT TYPE
: MIN. BSMT ELEV./LOWEST OPENING ELEV.
: REAR ELEVATION
NOTES:
1. GARAGE LOCATION INDICATED BY DRIVEWAY.
2. THERE MUST BE AT LEAST 6" DROP IN GROUND ELEVATION
WITHIN 10 FT. OF THE STRUCTURE.
NO SCALE
PAD DETAIL
Contact utility service providers for field location of services 72 hours prior to beginning grading.
Geotechnical boring locations are approximate and are based on information provided in the
Geotechnical Report prepared by Haugo GeoTechnical Services, LLC, Minneapolis, MN, on October 2,
2020..
Remove topsoil from grading areas and stockpile sufficient quantity for reuse.
Remove surface and ground water from excavations. Provide initial lifts of stable foundation material if
exposed soils are wet and unstable.
An Independent Testing Firm shall verify the removal of organic and unsuitable soils, soil correction,
and compaction and provide periodic reports to the Owner.
Place and compact fill using lift thicknesses matched to soil type and compaction equipment to obtain
specified compaction throughout the lift.
Compact cohesive soils in paved areas to 95% of maximum dry density, Standard Proctor (ASTM
D698) except the top 3 feet which shall be compacted to 100%. Compact to 98% density where fill
depth exceeds 10 feet. The soils shall be within 3% of optimum moisture content. In granular soils all
portions of the embankment shall be compacted to not less than 95% of Modified Proctor Density
(ASTM D1557).
Avoid excavating bottom 18 inches of infiltration basins until the rest of the site has been stabilized.
Any equipment used in Infiltration Areas should be small scaled and tracked. Install protective fencing
as shown after grading of basins.
14.
15.
16.
17.
18.
19.
20.
21.
GRADING NOTES
GENERAL NOTES
For construction staking and surveying services contact Landform at 612.252.9070.
No construction may begin on site until the erosion & sediment control has been installed and
approved by the city.
All concrete trucks on site must have self contained water supply for washout.
Drainage and utility easement over all of Outlot A.
1.
2.
3.
4.
Install perimeter sediment controls prior to beginning work and maintain for duration of construction.
Remove controls after areas contributing runoff are permanently stabilized and dispose of off site.
Limit soil disturbance to the grading limits shown. Schedule operations to minimize length of exposure
of disturbed areas.
Management practices shown are the minimum requirement. Install and maintain additional controls
as work proceeds to prevent erosion and control sediment carried by wind or water.
Refer to SWPPP Notes on Sheet C3.3 for additional requirements.
All exposed soil areas must be stabilized within 14 days of completion of work in each area.
Seed, Sod, Mulch and Fertilizer shall meet the following Specifications, as modified.
Item Specification Number Estimated Quantities
Sod MNDOT 3878 x s.f.
Seed MNDOT 3876
MN Type 21-111 @ 100 lb./ac. - Temporary Erosion Control, x lbs.
May 1 - Jul 31
MN Type 21-112 @ 100 lb./ac. - Temporary Erosion Control -
Aug 1 - Oct 31 x lbs.
MN Type 25-151 @ 120 lb./ac. - Permanent Turf x lbs.
Mulch MNDOT 3882
MNDOT Type 1 @ 2 ton/ac., Disc Anchored
Fertilizer MNDOT 3881
General Placement MNDOT 2575
Reserved.
Scrape adjacent streets clean daily and sweep clean weekly.
No construction may begin onsite until the erosion and control has been installed and approved by the
City of Hastings.
5.
6
.
7.
8.
9.
10.
11.
12.
13.
EROSION PREVENTION AND SEDIMENT CONTROL NOTES
EROSION BLANKET
EMERGENCY OVERFLOW
No Scale
88
7
.
1
88
7
.
1
7'
3'
886.6
4:1
3
4:1
10' EASEMENT
3'
TYPICAL
5:15:1
FINISHED
GRADE
NO SCALE
STANDARD RESIDENTIAL SWALE
: ADDITIONAL COMPACTED AREA FOR
DECK OR PORCH FOOTINGS (TYP.)
2
1
TEMPORARY SEDIMENT BASIN NOTES
POND 10 is a temporary sedimentationbasin. tributary area tp Pond 10 is 7.19 ac. Peak elevation for
the 2-year, 24-hour storm is 879.28 which equates to c.f. Required live volume = 7.19 X 1,800 =
12,942 c.f., therefor the pond meets the requirements.
22.
LEGEND
:Inlet Protection
:Pavement Sawcut
:Vehicle Tracking Pad
ESTIMATED QUANTITY
24 ea.
2 ea.
SYMBOL DESCRIPTION
:Silt Fence 3,454 ft.
18"
X-C-02 (a,b)
X-C-02 (a,b)
1
SITE GRADING AGREEMENT FOR HERITAGE RIDGE 4TH ADDITION, DAKOTA COUNTY, MINNESOTA
THIS SITE GRADING AGREEMENT (“Agreement”) is made this ____ day of _________________, 2022, by and between the City of Hastings, a Minnesota municipal corporation (“City”) and TC Land, LLC, a Minnesota limited liability company (“Developer”)
(collectively the “Parties”).
RECITALS
WHEREAS, Developer has received approval for a residential development project for single-family lots identified as Heritage Ridge 4th Addition (“Plat”) on property legally described on Exhibit A, attached hereto and incorporated herein (“Property”); and
WHEREAS, Developer has asked the City for permission to begin mass site grading at the
Property prior to: (1) recording of the Plat; (2) approval of grading, drainage, erosion control and utility plans (the “Final Development Plans”) by the City’s Public Works Director; and (3) execution of a Development Agreement; and
WHEREAS, the City is willing to grant permits for mass site grading on the Property,
subject to the terms and conditions contained herein.
NOW THEREFORE, for good and valuable consideration, which is hereby acknowledged, the Parties agree as follows:
1. CONDITIONAL MASS SITE GRADING APPROVAL. The City hereby permits the mass site grading on the Property subject to the terms and conditions in this Agreement for
the Property. Nothing herein shall be deemed as permission to undertake utility, street
construction or other such activities on the Property. The Developer acknowledges that at this time, there remain many submissions, review and approval requirements that must be successfully completed, including but not limited to the satisfaction of all conditions of Plat approval and a Development Agreement. There is a risk that the City will not approve Final
Development Plans, either in its current proposed form or in its entirety, and in that event,
the Developer will have expended considerable funds to complete the grading and other work
X-C-02 (a,b)
2
allowed under this Agreement without the ability to proceed with development of the Property, either in its current proposed layout or in its entirety. These circumstances may
potentially require the Developer to re-grade portions or all of the Property to satisfy
conditions of Final Plat and Final Development Plan approval or any other development project on the Property. Nothing in this Agreement, or the fact that the City is willing to enter into this Agreement, shall be construed or deemed to imply or obligate the City to approve the Developer’s Final Development Plans or Development Agreement, and the
Developer acknowledges that it is not acting in reliance upon any assurances or promises
that the City will approve the Final Development Plans or Development Agreement in whole or in part.
2. PRECONSTRUCTION MEETING AND RIGHT TO PROCEED. The Developer may not grade or otherwise disturb the earth or remove trees or any structures or in any other
way proceed with mass site grading until all the following conditions have been satisfied: (1)
this Agreement has been fully executed by both Parties and filed with the City Clerk; (2) the securities required in Sections 6 and 19 have been received by the City; and (3) the City’s Public Works Director has issued and delivered to the Developer a letter confirming that all conditions have been satisfied, a preconstruction meeting has been held, and that the
Developer may proceed. A preconstruction meeting is required prior to initiation of the
grading activity. The Developer’s representatives must be prepared at the preconstruction meeting with a construction schedule, scope of work and required submittals and permits for construction.
3. DEVELOPMENT LIMITATIONS. Approval to initiate mass site grading is only valid
for the work covered by this Agreement and within the construction limits identified in the
Site Grading, Drainage, and Erosion Control Plans, attached hereto as Exhibit B (the “Grading Plans”). The City may refuse to approve Final Development Plans of the current phase, or of subsequent phases, or may refuse to approve the Development Agreement if the Developer has breached any of its obligations under this Agreement and the breach has not
been remedied to the reasonable satisfaction of the City. Absolutely no further infrastructure
construction, including installation of utilities or streets, shall take place unless and until all conditions of Preliminary Plat and Final Plat approval satisfied, including but not limited to the execution, delivery and recording of the Development Agreement and Stormwater BMP Maintenance Agreement, submission of all required sureties, final approval of all
infrastructure construction plans by the Public Works Department.
4. GRADING AND EROSION CONTROL PLANS. The Property shall be developed and graded in accordance with the approved Grading Plans, and at the Developer’s sole risk and expense. If the plans vary from the written terms of this Agreement, the written terms of this Agreement shall control. The plan shall conform to Engineering Design and Construction
Standards Manual. All grading shall be completed prior to the preparation and submittal of
the as-constructed grading plan.
Within thirty (30) days after completion of the grading, the Developer shall provide the City with a “record” grading plan certified by a registered land surveyor or engineer licensed by the State of Minnesota depicting the locations of all ponds, swales, and ditches. The “record”
plan shall contain site grades and field verified elevations of the following: (1) cross sections
X-C-02 (a,b)
3
of ponds; (2) location and elevations along all swales, emergency overflows, wetlands, wetland mitigation areas if any, ditches, locations, and dimensions of borrow
areas/stockpiles; (3) lot corner elevations and house pads; and (4) top and bottom of retaining
walls. A complete list of the record grading plan requirements can be obtained on the City Website under Resources of the Engineering Department. The Developer acknowledges that the City will not issue any building permits unless and until the Plat is recorded and all conditions of preliminary and Final Plat approval are deemed satisfied and approved in
writing by the City, including the execution and recording of a Development Agreement, and
all necessary infrastructure has been completed and in a state of City acceptance to support the home. The conditions upon which the Developer may construct model homes on the Property shall be addressed in the Development Agreement.
5. IMPROVEMENTS. The grading shall be undertaken and the storm water improvements
shall be installed in accordance with the City’s Subdivision Ordinance and the City’s
Engineering Design and Construction Standards Manual and pursuant to the direction of the City Engineer. The Developer shall submit plans and specifications which have been prepared by a competent professional engineer licensed by the State of Minnesota to the City for approval by the City Engineer. The Developer shall instruct its engineer to provide
adequate field inspection personnel to assure an acceptable level of quality control to the
extent that the Developer’s engineer will be able to certify that the construction work meets the approved City standards as a condition of City acceptance. Specifically, the Developer shall ensure its geotechnical engineers will be onsite to: (1) confirm soil stability assumptions at the bottom of all road subcuts; (2) confirm bottom of basin assumptions for infiltration;
(3) confirm and test liner specifications; and (4) test for compaction and suitable material to
be used for fill areas. In addition, the City may, at the City’s discretion and at the Developer’s expense, have one or more City inspectors and a soil engineer inspect the work on a full or part-time basis. The Developer’s engineer shall provide for on-site project management. The Developer’s engineer is responsible for design changes and contract administration between
the Developer and the Developer’s contractor. The Developer or his engineer shall schedule
a preconstruction meeting, as described in more detail above to review the program for the construction work
No grading work may commence until all site sediment and erosion control measures are in place per the SWPPP documented in the Plans. The City must be contacted for an inspection
48 hours in advance and must provide written acknowledgement that the site is compliant
before any construction activity occurs. All labor and work shall be done and performed in the best and most workmanlike manner and in strict conformance with the approved plans and specifications. No deviations from the approved plans and specifications will be permitted unless approved in writing by the City Engineer. The Developer agrees to furnish
to the City a list of contractors being considered for retention by the Developer for the
performance of the work required by this Agreement. The Developer shall not do any work or furnish any materials not covered by the Grading Plans and specifications and special conditions of this Agreement unless the design deviation for such work is first prepared by the Developer’s engineer and approved in writing by the City Engineer.
6. CITY ENGINEERING ADMINISTRATION AND CONSTRUCTION OBSERVATION ESCROW. The Developer shall submit an escrow for mass grading
X-C-02 (a,b)
4
administration and construction observation in the amount of Ten Thousand and no/100 Dollars ($10,000.00) which shall be in addition to the other financial security provided
under this Agreement described in Section 19 below. The City shall draw down the escrow
for the administration and construction observation costs. When the balance is reduced to $2,000, the Developer shall replenish the escrow to its full amount. Mass grading administration will include staff or consultant time for monitoring of construction progress and construction observation, consultation with Developer and its engineer on status or
problems regarding the project, coordination for testing, project monitoring, and
processing of requests for reduction in security. Construction observation may be performed by the City staff or a consulting engineer. Construction observation will be provided at the discretion of the City.
The direction and review provided through the inspection of the improvements should not
be considered a substitute for the Developer-required management of the development.
Developer will cause the contractor(s) to furnish the City with a schedule of proposed operations at least five (5) days prior to the work. City shall inspect all Developer-installed improvements during and after construction for compliance with approved plans and specifications. Developer will notify the City Engineer at such times during construction as
the City Engineer requires for inspection purposes. Such inspection is pursuant to the City’s
governmental authority, and no agency or joint venture relationship between the City and Developer is thereby created.
7. MAINTENANCE OF STORM WATER FACILITIES. The Parties contemplate the Developer will submit all additional information necessary for recording of the Final Plat.
One of the conditions for Final Plat approval is to require the Developer to enter into a
Stormwater BMP Maintenance Agreement that will provide for perpetual inspection, operation and maintenance by the Developer or a homeowner’s association of all storm water BMP’s and facilities constructed on the Property. Notwithstanding those requirements, the Developer shall be obligated to provide for the inspection, operation and
maintenance of all storm water BMP’s and facilities constructed on the Property, whether
permanent or temporary in nature, until such time as the permanent obligations for inspection, operation and maintenance of stormwater BMP’s and facilities constructed on the Property are memorialized in the Stormwater BMP Maintenance Agreement.
The Developer shall maintain a log sheet documenting all required inspections and
maintenance by qualified individuals that shall include at a minimum the date and time the
periodic inspection or maintenance is performed, the person completing the maintenance, a description of the inspection or maintenance performed, and any observations reasonably suggesting the storm water facilities may have failed or may require modification or additional maintenance to adequately perform the purposes for which they were installed
(the “Inspection and Maintenance Log”). The Inspection and Maintenance Log shall be
made available for periodic inspection at all reasonable times by the City. In the event Developer fails to maintain the storm water BMP’s and facilities in good working order as required by this Agreement, or if the Developer fails to maintain the Inspection and Maintenance Log documenting that required inspection and maintenance are being
performed as required, the City, with at least ten (10) day written notice in the event of a
non-emergency, or reasonable notice in the event of emergency, may enter the Property
X-C-02 (a,b)
5
and take whatever reasonable maintenance and repair action it reasonably determines is necessary to return the storm water BMP’s and facilities to good working order. In the
event the City, pursuant to this Agreement, performs work of any nature, or expends any
funds in the performance of said work for the labor, use of equipment, supplies, materials, or the like, (the “Maintenance Charges”) the Developer shall reimburse the City within thirty (30) days of issuance of an invoice thereof to the Developer for all the reasonable costs incurred by the City hereunder. If not paid within the prescribed time period, the City
may pay those costs by drawing on the security as provided in Section 19 of this
Agreement.
8. PERMITS. The Developer shall obtain or require its contractors and subcontractors to obtain all necessary permits to complete the work covered by this Agreement, including but not limited to a NPDES Construction Storm Water Permit from the MPCA which must
be obtained, and written documentation presented to the City Engineer before
commencement of any grading.
9. LICENSE. The Developer hereby grants the City, its agents, employees, officers and contractors a license to enter the Property to perform all work and inspections deemed appropriate by the City in conjunction with plat development and including but not limited
to maintenance or repairs of storm water BMP’s and facilities required under this Agreement
if the Developer fails to undertake those maintenance and repairs in a timely manner.
10. [Intentionally omitted.]
11. CONSTRUCTION SEQUENCE AND COMPLIANCE. The City will require the Developer to supervise and coordinate all construction activities and must notify the City
in writing stating when the work is ready for the inspection.
12. EROSION CONTROL. Prior to initiating site grading, the erosion control plan shall be implemented by the Developer and inspected and approved by the City. Erosion control practices must comply with the approved plans and specifications, the City’s Engineering Design and Construction Standards Manual, with all watershed district permits and with
Minnesota Pollution Control Agency’s Best Management Practices. The City may impose
additional erosion control requirements as deemed necessary. The Parties recognize that time is of the essence in controlling erosion. If the Developer does not comply with the erosion control plan and schedule or supplementary instructions received from the City, the City may take such action as it deems appropriate to control erosion. The City will endeavor to notify
the Developer in advance of any proposed action, but failure of the City to do so will not
affect the Developer’s and City’s rights or obligations hereunder.
13. WETLAND MITIGATION. No wetlands have been identified on the Property.
14. RESPONSIBILITY FOR COSTS.
A. Except as otherwise specified herein, the Developer shall pay all costs incurred by it
or the City in conjunction with the development of the Property, including but not
limited to legal, planning, engineering and inspection expenses incurred in connection with approval and acceptance of the Plat, the preparation of this
X-C-02 (a,b)
6
Agreement, review of construction plans and documents, and all costs and expenses incurred by the City in monitoring and inspecting development of the Plat. All
amounts incurred and due at the time, must be fully paid prior to execution and
release of the Plat for recording.
B. The Developer shall hold the City and its public officials, officers, employees, contractors and agents harmless from claims made by itself and third Parties for damages sustained or costs incurred resulting from the development. The Developer
shall indemnify the City and its public officials, officers, employees, contractors and
agents for all costs, damages, or expenses which the City may pay or incur in consequence of such claims, including attorneys’ fees.
C. The Developer shall reimburse the City for costs incurred in the enforcement of this Agreement, including reasonable engineering and attorneys’ fees.
D. The Developer shall pay in full all bills submitted to it by the City for obligations
incurred under this Agreement within thirty (30) days after receipt. Bills not paid within thirty (30) days shall be assessed a late fee per the Hastings adopted Fee Schedule. Upon request, the City will provide copies of detailed invoices of the work performed.
15. INSURANCE. Before Developer begins any mass site grading, Developer shall provide
City with proof of liability insurance having policy limits of at least two million dollars ($2,000,000). The City shall be named as an additional insured on all liability insurance policies used to satisfy the requirements of this paragraph.
16. MISCELLANEOUS.
A. The Developer may not assign this Agreement without the written permission of the
City Council, such consent to be granted or withheld in the sole discretion of the City. The Developer’s obligation hereunder shall continue in full force and effect even if the Developer sells one or more lots, the entire Property, or any part of it.
B. Any retaining walls that require a building permit shall be constructed in accordance
with plans and specifications prepared by a structural or geotechnical engineer
licensed by the State of Minnesota. Following construction, a certification signed by the design engineer shall be filed with the City Engineer evidencing that the retaining wall was constructed in accordance with the approved plans and specifications. All retaining walls identified on the development plans or by special conditions referred
to in this Agreement shall be constructed before any other building permit is issued
for a lot on which a retaining wall is required to be built.
C. Third Parties shall have no recourse against the City under this Agreement.
D. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Agreement is for any reason held invalid, such decision shall not affect the validity
of the remaining portion of this Agreement.
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7
E. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Agreement. To be binding, amendments or waivers shall be in
writing, signed by the Parties and approved by written resolution of the City Council.
The City’s failure to promptly take legal action to enforce this Agreement shall not be a waiver or release.
F. This Agreement shall run with the land and may be recorded against the Property.
17. EVENTS OF DEFAULT. The following shall be “Events of Default” under this Agreement
and the term “Event of Default” shall mean, whenever it is used in this Agreement, any one
or more of the following events:
A. Subject to unavoidable delays, failure by Developer to commence and complete construction of the work pursuant to the terms, conditions and limitations of this Agreement.
B. Failure by Developers to substantially observe or perform any material covenant,
condition, obligation or agreement on their part to be observed or performed under this Agreement.
18. REMEDIES ON DEFAULT. Whenever any Event of Default occurs, the City, subject to any rights of third Parties agreed to by the City pursuant to this Agreement, or otherwise
by written, executed instrument of the City, may take any one or more of the following:
A. The City may suspend its performance under the Agreement until it receives assurances from Developer, deemed adequate by the City, that Developer will cure their default and continue their performance under the Agreement. Suspension of performance includes the right of the City to withhold permits including, but not
limited to, building permits.
B. The City may initiate such action, including legal or administrative action, as is necessary for the City to secure performance of any provision of this Agreement or recover any amounts due under this Agreement from Developer, or immediately draw on the escrow or Letter of Credit, as set forth in this Agreement.
19. SUMMARY OF SECURITY REQUIREMENTS. To guarantee compliance with the
terms of this Agreement and construction of all work included, the Developer shall furnish the City, in addition to the amounts escrowed hereunder for City Engineering Administration and Construction Observation costs, with an irrevocable letter of credit issued from a bank with a branch in Dakota County, Minnesota, cash escrow or a
combination cash escrow and letter of credit (“security”) for $213,381.25. The amount of the
security was calculated based on 125% of the estimated grading and erosion control costs of $170,705.00 provided by the Developer. The bank and form of the letter of credit shall be subject to the approval of the Finance Director. The City may draw down the security, without notice, for any violation of the terms of this Agreement or if the security is allowed
to lapse prior to the end of the required term. If the required public improvements are not
completed at least thirty (30) days prior to the expiration of the security, the City may also draw it down. If the security is drawn down, the proceeds shall be used to cure the default.
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8
20. REDUCTION OF SECURITY. Upon written request by the Developer and upon receipt of proof satisfactory to the City Engineer that work has been completed to the satisfaction
of the City including all corrective work for any identified punch list items, all record
Grading Plans and been submitted and approved by the City Engineer, and financial obligations to the City have been satisfied, with City Engineer approval the security may be released upon completion. No partial release will be considered.
21. NOTICES. Required notices to the Developer shall be in writing, and shall be either hand
delivered to the Developer, its employees or agents, or mailed as follows:
If to Developer: TC Land, LLC Attn: Mark Guenther
13925 Fenway Blvd. North
Hugo, MN 55038 If to City: Hastings City Hall
Attn: City Administrator
101 E. Fourth Street Hastings, MN 55033.
[THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK]
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9
CITY: CITY OF HASTINGS
By: ____________________________ Mary Fasbender, Mayor
By: ____________________________ Kelly Murtaugh, City Clerk
STATE OF MINNESOTA ) ) ss.
COUNTY OF DAKOTA )
On this ___ day of ______________________, 2022, before me a Notary Public within and for said County, personally appeared Mary Fasbender and Kelly Murtaugh, to me personally
known, who being each by me duly sworn, each did say that they are respectively the Mayor and
City Clerk of the City of Hastings, the municipality named in the foregoing instrument, and that the seal affixed to said instrument was signed and sealed on behalf of said municipality by authority of its City Council and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipality.
________________________________________ Notary Public
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10
DEVELOPER: TC LAND, LLC
By:________________________ Mark Guenther, President
STATE OF MINNESOTA ) ) ss.
COUNTY OF ____________ )
On this _____ day of ________________________, 2022, before me a Notary Public within and for said County, personally appeared Mark Guenther, to me personally known, who being by me duly sworn, did say that he is the President of TC Land, LLC, a Minnesota limited liability
company, the entity named in the foregoing instrument, and that said instrument was signed on
behalf of said entity by authority of its Board of Governors and said President acknowledged said instrument to be the free act and deed of the entity.
_______________________________________ Notary Public
THIS INSTRUMENT DRAFTED BY AND RETURN TO: Korine L. Land (#262432) LeVander, Gillen & Miller, P.A.
1305 Corporate Center Drive, Suite 300
Eagan, MN 55121
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A-1
EXHIBIT A
LEGAL DESCRIPTION Real property situated in the City of Hastings, County of Dakota, State of Minnesota, legally described as follows:
Outlot E, Heritage Ridge
Outlot B, Heritage Ridge 3rd Addition
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B-1
EXHIBIT B
GRADING PLAN
See attached Grading Plan
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City Council Memorandum
To: Mayor Fasbender & City Councilmembers
From: City Administrator Dan Wietecha
Date: August 15, 2022
Item: 2022 Budget Amendments
Council Action Requested:
Approve amendments to the 2022 Budget, totaling $91,451:
• $1,000 for Fire Dept heat
• $22,896 for Fire Dept doors
• $3,900 for Fire Dept hot water heater
• $3,710 for Police Dept door
• $5,570 for Police Dept HVAC compressor
• $4,917 for Police Dept chilled water pumps
• $12,475 for LeDuc air conditioner
• $5,360 for Fire Dept dorm furniture
• $9,800 for Fire Dept kitchen appliances and furniture
• $3,040 for Fire Dept furniture
• $850 for Pioneer Room archival storage
• $1,200 for Building Dept monitor
• $2,500 for hand tools and storage
• $2,300 for copper tube press
• $1,000 for pick-up cover
• $10,933 for power mops
Background Information:
Preventive/Deferred Maintenance:
• Fire Dept Heat – Electric heat serving the maintenance shop and air room has not worked for
several years. Install 2 new electric heaters for estimated $1,000.
• Fire Dept Doors – Thermal bowing has damaged 4 exterior doors to not close and/or lock
properly. Replace doors and frames, including hardware and seals for $22,896.
• Fire Dept Water Heater & Pipe – Replace 2008 hot water heater and a copper line that is
leaking for $3,900. Other hot water heater was replaced in 2021 when it failed.
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• Police Dept Door – Thermal bowing has damaged 1 exterior door to not close and/or lock
properly. Replace door and frame, including hardware and seals for $3,710.
• Police Dept HVAC Compressor & Air Dryer – Compressor is old and critical for HVAC
operation; parts are unavailable. Replace for $5,570.
• Police Dept Chilled Water Pumps – Seals are leaking on closed-loop system. Replace seals and
insulate 2 pump at Police Dept and insulate 2 pumps at City Hall for $4,917.
• LeDuc Air Conditioner – West A/C unit is short cycling. Replace 5-ton A/C unit and custom-
built evaporator coil for $12,475. Only 1 of 5 companies contacted provided quote; expect 9 week
lead time.
Furnishings & Fixtures:
• Fire Dept Dorms – Currently 5 beds in dorms; 1 beds was replaced in 2022 due to broken
springs. All beds are same age, 1 bed has been duck taped to keep spring from poking through
surface. Replace 4 beds for $5,360.
• Fire Dept Kitchen – Currently 2 refrigerators, both 12-plus years old. Replace 2 refrigerators and
add 1 (1 for each of 3 work shifts) for $3,000. Anticipating future growth of on-duty personnel,
existing dining table is too small to seat work shift. New table, along with new chairs, to seat 9
for $6,800.
• Fire Dept Furniture – Move existing undersized dining table into conference room. Need 6
chairs for conference room and replace 4 chairs in lobby for $3,040.
• Pioneer Room Archival Storage – Purchase an archival frame for the GAR Flag which was
donated to the Pioneer Room for $500. Purchase additional archival boxes for Pioneer Room for
$350. Existing donations would partially offset costs.
• Building Dept Monitor – Add large-scale monitor with graphics card for reviewing digital plans
and blueprints estimated at $1,200.
Tools:
• Hand Tools & Storage – City does not currently have full set of tools. Having tools at City Hall
and Police Dept would make it easier to make quick repairs without tracking down tools in
multiple locations. Estimated at $2,500.
• Copper Tube Press – Press would allow needed repairs of eye wash stations to be performed in-
house as well as periodic future repair/replacement of copper piping. Estimated at $2,300.
• Pick-up Cover – Add cover to existing truck to protect hand and electronic tools for estimated
$1,000.
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• Power Mops – Currently, custodial staff transports existing power mop between Public Works
and Parks buildings weekly in personal vehicle. Change in duties, will add Fire Dept to cleaning
schedule. Mop is heavy to lift and could result in a workers comp injury. Add 2 mops for
$10,933.
Financial Impact:
$91,451, partially offset by existing donations
Committee Discussion:
Not applicable
Attachment:
Not applicable
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