The URL can be used to link to this page

Home My WebLink About20221107 - CC PacketSign up to receive automatic notification of Council agendas At ccagenda-subscribe@hastingsmn.gov or by calling 651-480-2350 City Council packets can be viewed in searchable format on the City’s website at https://www.hastingsmn.gov/city-government/city-council/city-council-documents-copy CITY OF HASTINGS CITY COUNCIL AGENDA Monday, November 7, 2022 7:00 p.m. I. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. ROLL CALL IV. DETERMINATION OF QUORUM Certificate of Appreciation – Planning Commissioner Kyle Romens MNDOT Hwy 316 Project Wrap-Up, Bryant Ficek V. APPROVAL OF MINUTES Approve Minutes of the City Council regular meeting on October 17, 2022. VI. COMMENTS FROM THE AUDIENCE Comments from the audience may include remarks about items listed on the Consent Agenda. VII. COUNCIL ITEMS TO BE CONSIDERED VIII. CONSENT AGENDA The items on the Consent Agenda are items of routine nature or no perceived controversy to be acted upon by the City Council in a single motion. There will be no discussion on these items unless a Councilmember so requests, in which event the items will be removed from the Consent Agenda to the appropriate Department for discussion. 1. Pay Bills as Audited 2. Resolution: Accept Donation to the Parks and Recreation Department from Hastings Area Businesses and Individuals 3. Resolution: Accept Donation to City Arts Task Force from Area Businesses 4. Authorize Signature: Dakota County Community Waste Abatement Grant Program 5. Authorize Signature: Agreement for Professional Services – Guardian Inspections 6. Authorize Signature: Agreement for Professional Services – Stensland Inspections 7. Resolution: Extend Preliminary and Final Plat Approval – Siewert Apartments (3rd & Tyler) 8. Approve Pay Estimate No. 3 for the 4th Street Water Tower Reconditioning Project – G&L Sandblasting and Coatings, LLC ($88,112.50) 9. Approve Assessment Abatement for 2022 Neighborhood Infrastructure Improvement Project 10. Approve Traffic and Lighting Infrastructure Maintenance Agreement Between the Cities of Saint Paul and Hastings 11. Declare Surplus Property and Authorize Sale: Public Works Department 12. Resolution: Approve Hastings Social, LLC dba Hastings Tavern & Alley Cat Liquor Outdoor Tent Event with Liquor License Amendment 13. Public Works Director IX. AWARDING OF CONTRACTS AND PUBLIC HEARING These are formal proceedings that give the public the opportunity to express their concern, ask questions, provide additional information, or support on a particular matter. Once the Sign up to receive automatic notification of Council agendas At ccagenda-subscribe@hastingsmn.gov or by calling 651-480-2350 City Council packets can be viewed in searchable format on the City’s website at https://www.hastingsmn.gov/city-government/city-council/city-council-documents-copy public hearing is closed, no further testimony is typically allowed and the Council will deliberate amongst itself and with staff and/or applicant on potential action by the Council. 1. Intek Plastics – 1000 Spiral Blvd. a. Public Hearing: Business Subsidy for Sale of Land b. Resolution: Approving Sale of Property, Purchase Agreement, and Business Subsidy Agreement 2. Foth: Commercial Recycling Study X. REPORTS FROM CITY STAFF These items are intended primarily for Council discussion and action. It is up to the discretion of the Mayor as to what, if any, public comment will be heard on these agenda items. A. Public Works B. Parks and Recreation C. Community Development 1. Resolution: Site Plan – Therapy OPS (1312 South Frontage Road) D. Public Safety E. Administration 1. Fire Relief Association: Resolution Opting to Join the Statewide Volunteer Firefighter Plan XI. UNFINISHED BUSINESS XII. NEW BUSINESS XIII. REPORTS FROM CITY COMMITTEES, OFFICERS, COUNCILMEMBERS XIV. ADJOURNMENT Next Regular City Council Meeting: Monday, November 21, 2022 7:00 p.m. Sign up to receive automatic notification of Council agendas At ccagenda-subscribe@hastingsmn.gov or by calling 651-480-2350 City Council packets can be viewed in searchable format on the City’s website at http://www.hastingsmn.gov/city-government/city-council/city-council-agendas-and-minutes Hastings, Minnesota City Council Meeting Minutes October 17, 2022 The City Council of the City of Hastings, Minnesota met in a regular meeting on Monday, October 17, 2022 at 7:00 p.m. in the Council Chambers at the Hastings City Hall, 101 East 4th Street, Hastings, Minnesota. Members Present: Mayor Fasbender, Councilmembers Braucks, Folch, Fox, Leifeld, and Lund Members Absent: Councilmember Vaughan Staff Present: City Administrator Dan Wietecha Assistant City Administrator Kelly Murtaugh City Attorney Korine Land Community Development Director John Hinzman New Employees: Ashley Running – Green Corps Staff Leander De Villiers – Parkkeeper TJ Lucas introduced and welcomed Ashley. Chris Jenkins introduced and welcomed Leander. Promotions: Kaitlin Neuman – Firefighter Chief John Townsend celebrated Kaitlin Neuman’s promotion. Presentation: Suburban Rate Authority, Jim Strommen Comments from the Audience: Barb Hollenbeck, 212 2nd Street E, Arts Task Force Chair. Hollenbeck thanked Council for their support and discussion regarding the recommendation for the Public Art Commission. Approval of Minutes Mayor Fasbender asked if there were any additions or corrections to the minutes of the workshop and regular City Council meeting on October 3, 2022. Minutes were approved as presented. Consent Agenda Councilmember Braucks motioned to approve the Consent Agenda as amended, pulling #17, seconded by Councilmember Leifeld. 6 Ayes, 0 Nays 1. Pay Bills as Audited 2. Schedule a Special City Council Meeting to Canvass 2022 General Election Results 3. Approve Renewal of the 2022 – 2024 School Resource Officer and Traffic Control Agent Contract between the City of Hastings and ISD 200 4. Resolution No. 10-06-22: Authorize Fund Closures and Revise Purchasing Policy 5. Resolution No. 10-05-22: Accept Donation to the Parks and Recreation Department from Sign up to receive automatic notification of Council agendas At ccagenda-subscribe@hastingsmn.gov or by calling 651-480-2350 City Council packets can be viewed in searchable format on the City’s website at http://www.hastingsmn.gov/city-government/city-council/city-council-agendas-and-minutes Fluegel’s Lawn Garden and Pet Supply 6. Special Event Designation: Gobble Gait 7. Approve Change Order No. 1 to the Public Works Storage Building 8. Approve Change Order No. 2 to the Public Works Storage Building 9. Approve Change Order No. 3 to the Public Works Storage Building 10. Approve Pay Estimate No. 5 for the Public Works Storage Building – Ebert Construction ($198,006.01) 11. Approve Pay Estimate No. 2 for the 4th Street Water Tower Reconditioning Project – G&L Sandblasting and Coatings, LLC ($357,912.50) 12. Approve Pay Estimate No. 4 for the 2022-1 Neighborhood Infrastructure Improvements – Danner, Inc. ($1,002,908.26) 13. Accept Planning Commission Resignation – Romens 14. Authorize Signature: Stormwater Management Agreement – UHL 15. Approve Purchase of Hydraulic Extrication Tools for the Hastings Fire Department 16. Approve Memorandum of Understanding with International Association of Firefighters, Local No. 5113 for Wage Adjustment. 17. Approve Memorandum of Understanding with Minnesota Teamsters Public and Law Enforcement Employees Union, Local No. 320 for Wage Adjustment and Contract Extension. 18. Approve Memorandum of Understanding with Law Enforcement Labor Services, Local No. 249 for Wage Adjustment and Contract Extension. 19. Approve Budget Amendment to Purchase Slide for Roadside Park 20. Approve Budget Amendment for Pool Repairs Intek Plastics – 1000 Spiral Blvd. – Resolution No. 10-07-22 – Site Plan Approval – Building Addition Hinzman provided an overview and history of the request. The applicants are proposing to construct an addition onto the Intek Plastics building with related improvements. Hinzman shared the possible sale of the eastern city owned parcel included in the site plan is scheduled for consideration at the November 7th City Council meeting. Hinzman reviewed the approval recommended by the Planning Commission. No Council discussion. Councilmember Folch motioned to approve as presented, seconded by Councilmember Fox. 6 Ayes, 0 Nays Confluence Development – 200 West 2nd Street – Authorize Signature for Purchase and Development Agreement – 5th Amendment – Minimum Assessment Agreement Hinzman provided an overview of the request. Council is asked to authorize signature of the 5th Amendment to Purchase and Development Agreement to extend the substantial completion date out to May 31, 2023. Council is also asked to authorize signature on the Minimum Assessment Agreement. Hinzman shared background information of previous amendments and included information regarding HEDRA Action. Council discussion on the visible improvements. Mayor Fasbender shared her excitement for the continued project. Councilmember Fox mentioned the project is showing improvements and shared her support. Councilmember Braucks shared experiences from HEDRA’s recent tour of the Confluence Development. Braucks also shared her appreciation for the hard work that Mr. Regan and his team have put Sign up to receive automatic notification of Council agendas At ccagenda-subscribe@hastingsmn.gov or by calling 651-480-2350 City Council packets can be viewed in searchable format on the City’s website at http://www.hastingsmn.gov/city-government/city-council/city-council-agendas-and-minutes into the project. Councilmember Folch echoed Councilmember Fox’s comments and asked about the potential rental space platform for the public. Hinzman indicated there is a public use agreement for the observation platform on the property. Hinzman expects any reservations would be managed by IDM Hospitality, the management entity for the hotel and restaurant sharing general hotel reservations would go live in December. Folch asked for Administrator Wietecha to address whose responsibility it will be to handle the reservation process since a considerable amount of public dollars have gone into the redevelopment. Wietecha indicated this is addressed in the Public Use Maintenance Agreement (PUMA) which was negotiated previously sharing the responsibility would be on the hotel. Hinzman indicated finalizing the outdoor improvements provided a disconnect between the property and the ability to use the space. Hinzman shared as the operation is in place in the Spring there will be greater opportunities at that point. Councilmember Leifeld motioned to approve as presented, seconded by Councilmember Folch. 6 Ayes, 0 Nays. Strategic Initiatives Quarterly Report and Next Steps Wietecha provided an overview of the 3rd Quarter Report asking Council for discussion and feedback. Wietecha asked that Council begin considering next steps to continue the planning process. Council discussion on waiting for the new year to engage new Council members in the initiatives. Folch expressed appreciation to staff for the work on the initiatives. Folch shared it may be helpful to present one item at a time at Council meetings to provide more detail on key initiatives. No action requested. Public Arts Commission Wietecha provided an overview of the request and public encouragement for an Arts Commission. City Council reinstated the Arts Task Force to define the future objectives and mission of the group. It was recommended to create an Arts and Culture Commission proposing a two-year temporary commission with potential extension at a later date. Council discussion on appreciation of support for the initiatives from the Arts Task Force and fellow Councilmembers for their input. Councilmember Fox expressed her excitement and shared the importance of the Arts in the City. No action requested. Closed Meeting Pursuant to Minn. Stat. 13D.05 subd. 3(b) for Attorney-Client Privileged Communication Councilmember Lund motioned to move to closed session at 8:08 p.m., seconded by Councilmember Fox. 6 Ayes, 0 Nays Sign up to receive automatic notification of Council agendas At ccagenda-subscribe@hastingsmn.gov or by calling 651-480-2350 City Council packets can be viewed in searchable format on the City’s website at http://www.hastingsmn.gov/city-government/city-council/city-council-agendas-and-minutes Announcements • Councilmember Folch presented an overview of several policy initiatives that will be presented by the LMC Improving Service Delivery Committee; two are about ambulance service, one on about fundraising authority of municipalities, one seeking regulations of cannabinoids, and another is on the collateral consequences of criminal records. • Councilmember Leifeld announced the Halloween Candy Crawl on Sunday October 30 from 2 – 5 pm, hosted by the Downtown Business Association. • HCTV and the Hastings Chamber of Commerce will host their Hastings Candidate Forum on Thursday, October 20, at 6:30 pm, in person and televised. And their ISD 200 School Board Candidate Forum is on Thursday, October 27, at 7 pm, televised only. • On Sunday, October 23, BR4R invites you to “Breaking the Silence: Remembering Brown’s Chapel AME” at the First Presbyterian Church at 2 pm, followed by a guided walking/driving tour of significant locations from Hastings’ Black history. • The first Hastings Creative Convergence is Tuesday, October 25 at 7 pm. Thank you to Hastings Arts Center for providing the venue and The Onion Grille and Geek Haven Coffee for donating refreshments. • The Hastings Community Halloween Party is Friday, October 28, from 6 to 8 pm at the High School. Recommended for families with kids 12 and under. Free event, but please bring a non-perishable food item for Hastings Family Service or a cash or check donation for the Youth Impact Council Scholarship. • I’d like to recognize the coming up October 28 is National First Responder Day and thank all of our first responders for their service to the community. Meetings • Heritage Preservation Commission Meeting on Tuesday, October 18, 2022 at 7:00 p.m. • Finance Committee Meeting on Wednesday, October 19, 2022 at 6:30 p.m. • Public Safety Advisory Commission Meeting on Thursday, October 20, 2022 at 6:30 p.m. • Planning Commission Meeting on Monday, October 24, 2022 at 7:00 p.m. • City Council Regular Meeting on Monday, November 7, 2022 at 7:00 p.m. Councilmember Leifeld motioned to adjourn the meeting at 8:40 PM, seconded by Councilmember Folch. Ayes 6; Nays 0. ____________________________ ______________________________ Kelly Murtaugh, City Clerk Mary D. Fasbender, Mayor City Council Memorandum To: Mayor Fasbender & City Council Members From: Connie Lang – Accountant Date: 11/03/2022 Item: Disbursements Council Action Requested: Staff requests: Council review of September 2022 CC payments. Council review of weekly routine disbursements issued 10/25/2022 and 11/01/2022. Council approval of routine disbursements, capital purchases and employee reimbursements to be issued 11/08/2022. 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: September 2022 CC Payments $ 33,567.90 Disbursement checks, EFT, Hedra issued on 10/25/2022 $ 129,783.86 Disbursement checks, EFT, Hedra issued on 11/01/2022 $ 50,456.05 Disbursement checks, EFT, Hedra to be issued on 11/08/2022 $ 206,145.77 Advisory Commission Discussion: N/A Council Committee Discussion: N/A Attachments: ● Council Reports VIII-01 Date Vendor Amount Account Description 09/23/2022 In Spiral Made (Dba N 120.00 101-102-1021-6450 City Council - tshirts, July 4th parade 09/06/2022 Chipotle 0782 139.80 101-102-1021-6450 City Council Workshop 9/6/2022 09/21/2022 Vzwrlss My Vz Vb P 35.01 101-105-1051-6321 Verizon Air Cards 09/07/2022 Fmcsa D&a Clearinghous 12.50 101-107-1052-6312 Annual FMCSA CDL checks 09/16/2022 Minnesota Assoc Of Gov 100.00 101-107-1061-6323 MAGC Fall 2022 Conference Registration 09/27/2022 Facebk Epydel77p2 65.00 101-107-1061-6331 Facebook ad for City Update 08/27/2022 Facebk X9j63hf7p2 176.95 101-107-1061-6331 Facebook ads for parks and Makers Market. $94.00 of this total should be billed to 407-180-6003-6331 09/02/2022 Pioneer Press Circ 12.00 101-107-1061-6433 Pioneer Press September 2022 digital news subscription 09/26/2022 Nine Eagle City Of Ha 36.50 101-107-1061-6450 Logo'd shirt for identification when taking photos in the community. 09/21/2022 Vzwrlss My Vz Vb P 35.01 101-107-1071-6321 Verizon Air Cards 09/15/2022 Government Finance Off 135.00 101-120-1201-6323 GFOA GAAP Update 09/19/2022 Menards Cottage Grove 64.96 101-140-1401-6211 101-140-1401 total is $36.04, towels, paint towels, goof off remover spider spray 08/31/2022 Menards Cottage Grove 72.88 101-140-1401-6217 hose for building Dept., nozzle for hose, misc. facilities 09/19/2022 Department Of Labor An 60.00 101-140-1401-6218 Chief Boilers License renewal 09/23/2022 Plunketts Pest Control 108.73 101-140-1404-6319 The bill is a estimate for Bat service bid for City Hall and LeDuc Mansion. Divide bill 50% for each 08/30/2022 American Security Cabi 49.75 101-140-1404-6353 Drop box for water bills parts to keep bills from getting wet from rain 09/21/2022 The Home Depot #2810 195.06 101-140-1404-6581 Wet/dry Vacuum and filters 09/17/2022 Vzwrlss My Vz Vb P 82.38 101-150-1501-6321 Verizon Cell Phones 09/13/2022 Eig Constantcontact.Co 42.75 101-160-1061-6310 Monthly constant contact enewsletter platform fee 09/08/2022 Dnh Godaddy.Com 499.98 101-160-1061-6310 Digital Certificate for email 08/30/2022 Comcast St. Paul 84.90 101-160-1601-6308 internet 09/21/2022 Vzwrlss My Vz Vb P 40.01 101-160-1601-6321 Verizon Air Cards 09/17/2022 Vzwrlss My Vz Vb P 96.18 101-160-1601-6321 Verizon Cell Phones 09/08/2022 Centurylink 88.68 101-160-1601-6321 Phone-911 Service 09/15/2022 Amazon.Com 1m72w21y1 129.99 101-160-1601-6571 External Hard Drive for PD video evidence 09/02/2022 Realvnc Limited 57.83 101-160-3100-6310 Yearly renewal for SCADA RealVNC remote connectvity 09/10/2022 Innovative Office Solu 87.80 101-201-2010-6201 Office supplies - Inv 09/01/2022 Innovative Office Solu 50.28 101-201-2010-6201 Office Supplies - Inv, Cmdr 09/12/2022 Peavey Corp. 475.82 101-201-2010-6217 Property room supplies, evidence tape, packaging, etc. 08/31/2022 Cops Plus 46.68 101-201-2010-6217 Fingerprint Reagent for investigative unit 08/27/2022 Blackovis 457.23 101-201-2010-6218 Duty boots to be paid from my Sgt. Uniform Allowance. 08/30/2022 Ph & S Products, Llc 382.00 101-201-2010-6219 Nitrile Gloves for squads/officers 09/21/2022 Vzwrlss My Vz Vb P 749.90 101-201-2010-6321 Verizon Air Cards 09/17/2022 Vzwrlss My Vz Vb P 1,296.89 101-201-2010-6321 Verizon Cell Phones 09/20/2022 Usps Po 2642300046 9.00 101-201-2010-6322 Postage for two BCA blood kits. 09/08/2022 Usps Po 2642300046 11.85 101-201-2010-6322 Evidence returned case # 22900199 09/22/2022 Eckberg Lammers Pc 299.00 101-201-2010-6323 Training for Officer Rinowski 09/16/2022 Pp Geocell 295.00 101-201-2010-6323 Harrity GeoCell Investigation Training 09/16/2022 League Of Minnesota Ci 50.00 101-201-2010-6323 Training for Officer Jacobson 09/14/2022 Pp Geocell 595.00 101-201-2010-6323 Geoff Latsch GeoCell Investigation Training 09/13/2022 Eb Profiling Teen Kil 171.72 101-201-2010-6323 SRO Willers Critical Incident, Mass shooting training 09/13/2022 Sq Minnesota Cit Offi 100.00 101-201-2010-6323 SRO Willers CIT Coach Training 08/29/2022 Craguns Lodge And Golf 155.69 101-201-2010-6323 Rinowski MNCPA Lodging 08/29/2022 League Of Minnesota Ci 100.00 101-201-2010-6323 Peer Support training for Officer Walser 08/29/2022 Mn Crime Prev Assoc 250.00 101-201-2010-6323 Rinowski Tuition MN Crime Prevention Conference 09/26/2022 Cub Foods #1635 78.04 101-201-2010-6450 Purchase of food items for Wills for Heroes 09/26/2022 Cell Touch 2952 1,365.99 101-201-2010-6450 FRAUDELENT CHARGE REVERSAL ISSUED ON 10/4 09/26/2022 Cell Touch 2312 548.00 101-201-2010-6450 FRAUDELENT CHARGE REVERSAL ISSUED ON 10/4 09/13/2022 Tritech Forensics 1,500.00 101-201-2010-6494 medical supplies purchased on grant 09/13/2022 Tritech Forensics 5,128.88 101-201-2010-6494 Medical supplies purchased on grant dollars. 09/15/2022 U Of M-Vet Med Center -74.35 101-201-2219-6231 U of M refund 09/07/2022 Petsmart #3221 87.99 101-201-2219-6231 Sept dog food 09/26/2022 Department Of Labor An 2,484.93 101-230-2301-2015 Bldg Permit Surcharge - August 09/24/2022 Menards Red Wing Mn 29.98 101-230-2301-6240 safety gear 09/18/2022 Amazon.Com 1m7r37jh2 A 269.71 101-230-2301-6240 safety gear 09/16/2022 Fleet Farm Ecom 4000 728.99 101-230-2301-6240 tools 09/15/2022 Industrial Safety Prod 237.85 101-230-2301-6240 safety gear 09/21/2022 Vzwrlss My Vz Vb P 185.05 101-230-2301-6321 Verizon Air Cards 09/17/2022 Vzwrlss My Vz Vb P 41.19 101-230-2301-6321 Verizon Cell Phones 09/15/2022 Nfpa Natl Fire Protect 175.00 101-230-2301-6433 nfpa membership 09/26/2022 Sp Holabird Sports 396.90 101-240-2020-6450 Pickleball set purchased with SAW committee grant funds 09/14/2022 Bellwoodoaksgolf.Com 30.00 101-240-2020-6450 water bottles for parks staff 09/14/2022 Bellwoodoaksgolf.Com 362.00 101-240-2020-6450 parks staff team building outing 09/14/2022 Wm Supercenter #1472 38.15 101-240-2020-6450 supplies for parks staff luncheon 09/12/2022 Coborns Superstore 61.28 101-240-2020-6450 Food for Team Building Exercise for HPD. 09/21/2022 Vzwrlss My Vz Vb P 40.01 101-300-3100-6321 Verizon Air Cards 09/17/2022 Vzwrlss My Vz Vb P 31.19 101-300-3100-6321 Verizon Cell Phones 09/17/2022 Vzwrlss My Vz Vb P 32.60 101-301-3200-6321 Verizon Cell Phones 08/31/2022 Tennis Sanitation Llc 147.83 101-401-5001-6311 Garbage/recycle 09/20/2022 Amzn Mktp US 1m2t84bn2 150.68 200-401-4440-6214 party wagon supplies 09/10/2022 Amazon.Com 1f58i6sf1 118.86 200-401-4440-6214 Pitching Rubbers 09/08/2022 Tsa Minneapolis Str 30 21.41 200-401-4440-6240 painter 09/21/2022 Vzwrlss My Vz Vb P 75.02 200-401-4440-6321 Verizon Air Cards 09/17/2022 Vzwrlss My Vz Vb P 73.79 200-401-4440-6321 Verizon Cell Phones 09/01/2022 Maddens On Gull Lake 184.68 200-401-4440-6323 hotel stay for MRPA conference 08/26/2022 Red Wing Public School 10.00 200-401-4440-6323 sound system trouble shooting classes 08/26/2022 Mn Recreation And Park 385.00 200-401-4440-6323 mrpa conference 09/22/2022 Auto Doctor Car Care 108.14 200-401-4440-6354 parks car maintenance 08/31/2022 Menards Cottage Grove 1,435.23 200-401-4440-6356 supplies 08/25/2022 Menards Cottage Grove 98.42 200-401-4440-6450 misc 09/26/2022 Crown Awards Inc 56.42 200-401-4442-6214 Trophies 09/21/2022 Amzn Mktp US 1m4cr2ky2 87.16 200-401-4454-6214 rec supplies 09/03/2022 Amzn Mktp US 2t10n3xw3 25.98 200-401-4457-6214 Air Pump 08/30/2022 In Total Entertainmen 650.00 200-401-4460-6494 DJ for community halloween party 09/01/2022 American Red Cross 123.00 201-401-4240-6319 Lifeguard training certs 09/01/2022 Bcs Hastings Public Sc 44.00 201-401-4240-6319 lifeguard training space 09/15/2022 Standard Bronze Compan 138.00 201-401-4240-6353 Stanchion plug and wrenches 09/23/2022 Wm Supercenter #1472 124.13 213-210-2100-6211 Cleaning supplies for station 09/23/2022 Hometown Ace Hardware 21.40 213-210-2100-6217 Bungees for station use 09/22/2022 Wal-Mart #1472 61.44 213-210-2100-6217 Coffee for station 09/16/2022 Amzn Mktp US 1f3j07wt2 40.63 213-210-2100-6217 Fire prevention materials September 2022 CC Payments VIII-01 09/14/2022 Www.Peachjar.Com 100.00 213-210-2100-6217 Distribution fee for schools to send open house flyer09/06/2022 Nfpa Natl Fire Protect 403.95 213-210-2100-6217 Fire prevention materials08/31/2022 Amzn Mktp US Dm1o52d23 15.98 213-210-2100-6221 Storage straps09/21/2022 Vzwrlss My Vz Vb P 500.14 213-210-2100-6321 Verizon Air Cards09/17/2022 Vzwrlss My Vz Vb P 97.80 213-210-2100-6321 Verizon Cell Phones09/09/2022 Paypal Firemarshal 330.00 213-210-2100-6323 Conference for Jamie and Al09/21/2022 Downtown Tire And Auto 31.95 213-210-2100-6354 Repair to tire on Staff Vehicle #209/09/2022 Paypal Firemarshal 40.00 213-210-2100-6433 membership dues for Jamie to FMAM09/09/2022 Paypal Firemarshal 40.00 213-210-2100-6433 Membership dues to FMAM for Al Storlie09/12/2022 Hmp Communications 499.00 213-220-2200-6323 Conference fee for John to attend 2022 EMS world expo08/31/2022 Hmp Communications 499.00 213-220-2200-6323 Registration fee for EMS world expo for Ryan McGraw08/29/2022 Rosen Hotels Plaza 249.97 213-220-2200-6323 Hotel charge for EMS world expo conference08/29/2022 Rosen Hotels Plaza 249.97 213-220-2200-6323 Hotel charge for EMS world expo conference08/28/2022 Delta 00623353885254 607.20 213-220-2200-6323 Airfare for Townsend for EMS world expo conference08/28/2022 Delta 00623353885265 607.20 213-220-2200-6323 Airfare for McGraw for EMS world expo09/20/2022 J2 Efax Corporate Svc 104.95 213-220-2200-6433 Faxing service to send EMS reports to receiving hospitals.09/23/2022 Plunketts Pest Control 108.73 220-450-4160-6350 The bill is a estimate for Bat service bid for City Hall and LeDuc Mansion. Divide bill 50% for each09/18/2022 Amazon.Com 1m83v4h10 A 27.97 600-300-3300-6217 Batteries09/13/2022 Wal-Mart #1472 41.94 600-300-3300-6217 Coffee09/21/2022 Vzwrlss My Vz Vb P 250.07 600-300-3300-6321 Verizon Air Cards09/21/2022 Vzwrlss My Vz Vb P 35.01 600-300-3300-6321 Verizon Air Cards09/17/2022 Vzwrlss My Vz Vb P 123.57 600-300-3300-6321 Verizon Cell Phones09/08/2022 Uline Ship Supplies 142.50 615-401-4103-6217 Cellophane wrap09/26/2022 In Banana, Inc. 445.00 615-401-4103-6350 School banners09/23/2022 Menards Cottage Grove 400.00 615-401-4103-6350 Drain Tile and Poly for Landscape Projects09/16/2022 Menards Cottage Grove 151.31 615-401-4103-6350 Ballasts and Electrical Supplies09/13/2022 Menards.Com 1,378.38 615-401-4103-6350 Landscape Block and Cap for entrance retaining wall TOTAL 33,567.90 VIII-01 10-25-2022 07:41 AM Council Report OCT 25TH PYMTS, 2022 PAGE: 1 DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_ NON-DEPARTMENTAL GENERAL DELTA DENTAL OF MINNESOTA NOV 22 DENTAL PREMIUM 3,062.74 NOV 22 DENTAL PREMIUM 131.16_ TOTAL: 3,193.90 CITY CLERK GENERAL GOODHIRE STANDARD EMPLOYEE CHECK 340.20_ TOTAL: 340.20 FACILITY MANAGEMENT GENERAL ADVANCED GRAPHIX FC LETTERING 64.00 HOMETOWN ACE HARDWARE FC SQUEGEE, SPRAYER, HANDL 41.37 SUNBELT RENTALS, INC FD 867.70 MILLER DUNWIDDIE ARCHITECTURE, INC CH ARCHITECTURAL/ROOF PLAN 2,881.47 C-AIRE, INC. PD AIR COMP / DRYER 5,762.14 DALCO TOILET PAPER 153.68 TOILET PAPER 153.68 W.W. GRAINGER, INC. FD 160.85 CH 58.94 SHERWIN-WILLIAMS FD 115.99 TERRYS HARDWARE, INC. CH 97.86 CH BOILER PARTS 9.44 TRANE PARTS CENTER PD 1,572.00 CH 655.00 CH 1,669.00_ TOTAL: 14,263.12 I.T. GENERAL OFFICE OF MN.IT SERVICES SEPT 22 WAN/ USAGE 515.15 BAYCOM INC MOBILE PRINTER - CODE ENFO 378.00 DAKOTA COUNTY FINANCIAL SERVICES OCT 22 IT LEASE SERVER 250.00 DBB 4TH QUARTER 3,674.00_ TOTAL: 4,817.15 POLICE GENERAL DAKOTA COUNTY TREASURER-AUDITOR SEPT 22 RADIO LICENSE FEE 1,703.09 SYMBOLARTS, LLC INVESITGATOR BADGE 125.00 GUARDIAN SUPPLY LLC WILSKE - UNIFORM 149.98 GRAPHIC DESIGN PD SIGNATURE STAMPS 85.65 MN DEPT OF PUBLIC SAFETY TITLE 2009 CHEV IMPALA 25.00 SOUTH EAST TOWING OF HASTINGS INC 10/17 TOW CASE #41118 230.00 9/12 TOW TO CRANKY-CASE #2 50.00 9/12 TOW TO CRANKY-CASE #0 50.00 OCT 2022 LOT RENT 195.00_ TOTAL: 2,613.72 PUBLIC WORKS STREETS GENERAL COMPLETE COOLING SERVICES RADIATOR REPAIRS 154.90 ROAD EQUIPMENT PARTS CENTER AIR, OIL, LUBE FILTERS 131.05 AIR & LUBE FILTERS 142.84 RCM SPECIALTIES, INC. EMULSION 218.27 CUSTOM SAWDUST, LLC NOV 22 BLDG RENTAL 3,650.00 MIDWEST MACHINERY CO HEADLIGHT 30.99 BOYER FORD TRUCKS/DBA ALLIANCE TRAILER BRAKE 253.33 DALCO TOILET PAPER 153.68 NORTHERN SAFETY TECHNOLOGY QUICKFIT PLATFORM, LED MOD 707.60 PINE BEND PAVING, INC. ASPHALT WEAR 12.83 TON 885.27 PUMP & METER SERVICE INC METER 546.00 NUSS TRUCK & EQUIPMENT SWITCH 96.28 UNLIMITED SUPPLIES INC. TRAILER CABLE, WIRE 124.19_ TOTAL: 7,094.40 VIII-01 10-25-2022 07:41 AM Council Report OCT 25TH PYMTS, 2022 PAGE: 2 DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_ NON-DEPARTMENTAL PARKS MISCELLANEOUS V JOHN NYE JOHN NYE: SOFTBALL REFUND 3.33 DELTA DENTAL OF MINNESOTA NOV 22 DENTAL PREMIUM 619.71_ TOTAL: 623.04 PARKS & RECREATION PARKS WILDSIDE GRAPHIX PARKS & REC DECAL'S 172.00 AA AUTO TECHNICIANS, INC. CREW CAB REPAIRS 872.37 RIVARD COMPANIES, INC. PLAYGROUND MULCH 1,880.00 CRESCENT ELECTRIC SUPPLY COMPANY LIGHTS FOR JMF 246.58 SCHLOMKA'S PORTABLE RESTROOMS & MOBILE SEPT 22 SERVICES 2,645.00 HOMETOWN ACE HARDWARE ANTIFREEZE FOR BUILDINGS 163.94 HOSE REPAIR 2.33 NAPA AUTO PARTS FITTINGS FOR AUGGER 30.08 HOSE FOR AUGGER 55.76 VAN METER INC JMF OUTSIDE LIGHT REPAIRS 231.65 JMF OUTSIDE LIGHT REPAIRS 311.59 LEVEE BATHROOM REPAIRS 212.50 CLEAN 'N SEAL, INC. REPAIRS AT LABYRINTH 7,489.76 DISC GOLF ASSOCIATION, INC DISC GOLF BASKETS 10,960.54 MISCELLANEOUS V JOHN NYE JOHN NYE: SOFTBALL REFUND 46.67 HASTINGS VEHICLE REGIS. 2022 FORD 350 PICKUPS TITL 50.00 2022 FORD 350 PICKUPS TITL 50.00 TERRYS HARDWARE, INC. BLOWER REPAIR 5.98 WATER LINE REPAIR VALVE 8.79_ TOTAL: 25,435.54 NON-DEPARTMENTAL CABLE TV DELTA DENTAL OF MINNESOTA NOV 22 DENTAL PREMIUM 17.68_ TOTAL: 17.68 NON-DEPARTMENTAL FIRE & AMBULANCE DELTA DENTAL OF MINNESOTA NOV 22 DENTAL PREMIUM 878.37_ TOTAL: 878.37 FIRE FIRE & AMBULANCE DAKOTA COUNTY TREASURER-AUDITOR SEPT 22 RADIO LICENSE FEE 1,213.16 NAPA AUTO PARTS DEP FOR LADDER 1 70.64 BAYCOM INC PANASONIC TABLET/DOCK FD/A 3,430.15 ASPEN MILLS MCGRAW - UNIFORM 113.30 BOESL - UNIFORM 56.65 SUCHY - UNIFORM 169.95 GAYLOR - UNIFORM 56.65 LIKES - UNIFORM 245.19 BRAUN INTERTEC MOLD SPORE CONSULTING 2,848.94 TERRYS HARDWARE, INC. ADHESIVE REMOVER 21.98_ TOTAL: 8,226.61 AMBULANCE FIRE & AMBULANCE McKESSON MEDICAL-SURGICAL GOV. SOLUTIO MEDICAL SUPPLIES 725.30 MEDICAL SUPPLIES 796.19 MEDICAL SUPPLIES 14.09 MEDICAL SUPPLIES 143.29 MEDICAL SUPPLIES 26.88 MEDICAL SUPPLIES 105.98 BOUND TREE MEDICAL LLC MEDICAL SUPPLIES 770.00 BOYER FORD TRUCKS/DBA ALLIANCE MEDIC 3 REPAIR 496.62 MEDIC 3 REPAIR 1,073.96 MISCELLANEOUS V JASON ANDERSON JASON ANDERSON : AMB REFUN 100.00 MARY YOSWA MARY YOSWA: AMB REFUND 1,845.00 LINDE GAS & EQUIPMENT INC. OXYGEN 140.44 OXYGEN 263.21 VIII-01 10-25-2022 07:41 AM Council Report OCT 25TH PYMTS, 2022 PAGE: 3 DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_ ZOLL MEDICAL CORP MEDICAL SUPPLES 885.00_ TOTAL: 7,385.96 NON-DEPARTMENTAL LEDUC HISTORIC EST DELTA DENTAL OF MINNESOTA NOV 22 DENTAL PREMIUM 6.74_ TOTAL: 6.74 LEDUC LEDUC HISTORIC EST TERRYS HARDWARE, INC. LD KEYS AND KEY RINGS 4.76 LD KEYS, KITCHEN 3.18_ TOTAL: 7.94 POLICE-DUI ENFORCEMENT DUI ENFORCEMENT/EQ DAKOTA COUNTY TREASURER FORFEITURE DISBURSEMENT 49.00 FORFEITURE DISBURSEMENT 245.25 FORFEITURE DISBURSEMENT 366.90_ TOTAL: 661.15 PARKS & RECREATION PARKS CAPITAL PROJ ISG ISABEL D&E 3,322.50_ TOTAL: 3,322.50 NON-DEPARTMENTAL HEDRA DELTA DENTAL OF MINNESOTA NOV 22 DENTAL PREMIUM 133.37_ TOTAL: 133.37 ECONOMIC DEVELOPMENT HEDRA FOX'S FLOWRITE GUTTERS GUTTER COVERS - 213 RAMSEY 2,328.00 KARL & JEAN HAJNY FACADE - 119 2ND ST 4,288.96 BARBARA HOLLENBECK FACADE IMPROVEMENT GRANT 2 5,000.00 FACADE IMPROVEMENT GRANT 2 5,000.00 RIVER CITY INTERIORS FACADE - 2216 VERMILLION S 5,000.00_ TOTAL: 21,616.96 NON-DEPARTMENTAL WATER MISCELLANEOUS V JOHNSON, STACIE CRTR 13-512640-04 182.80 DELTA DENTAL OF MINNESOTA NOV 22 DENTAL PREMIUM 192.31_ TOTAL: 375.11 PUBLIC WORKS WATER HOMETOWN ACE HARDWARE WIRESTRIPPER LOCK, SCREWDR 22.30 NAPA AUTO PARTS BLISTER PACK CAPSULES 18.99 CORE & MAIN LP GOLDFLO WALL, NUTS, COUPLI 421.42 W.W. GRAINGER, INC. HOSE ADAPTER 42.35 HOSE ADAPTER 42.35 HOSE ADAPTER 81.78 HOSE ADAPTER CREDIT 42.35- HOSE ADAPTER CREDIT 42.35- HASTINGS VEHICLE REGIS. 2022 FORD 350 PICKUPS TITL 50.00 2022 FORD 350 PICKUPS TITL 50.00_ TOTAL: 644.49 NON-DEPARTMENTAL WASTEWATER DELTA DENTAL OF MINNESOTA NOV 22 DENTAL PREMIUM 142.36_ TOTAL: 142.36 PUBLIC WORKS WASTEWATER W.W. GRAINGER, INC. BLOWERS 223.30_ TOTAL: 223.30 NON-DEPARTMENTAL STORM WATER UTILIT DELTA DENTAL OF MINNESOTA NOV 22 DENTAL PREMIUM 160.97_ TOTAL: 160.97 PUBLIC WORKS STORM WATER UTILIT CORE & MAIN LP GOLDFLO WALL, NUTS, COUPLI 619.54 GOLDFLO ADAPTER 256.44 VERMILLION ELEVATOR INC EROSION BALNKETS, SEED, ST 435.00 VIII-01 10-25-2022 07:41 AM Council Report OCT 25TH PYMTS, 2022 PAGE: 4 DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_ EROSION BALNKETS 117.00 EROSION BALNKETS, SEED 331.00_ TOTAL: 1,758.98 NON-DEPARTMENTAL ARENA DELTA DENTAL OF MINNESOTA NOV 22 DENTAL PREMIUM 204.13_ TOTAL: 204.13 PARKS & RECREATION ARENA USS MN V MT LLC HUBERS SOLAR GARDEN SEPT 2 10,387.94 USS MN VII MT LLC WILDCAT SOLAR GARDEN SEP 2 1,416.47_ TOTAL: 11,804.41 NON-DEPARTMENTAL HYDRO ELECTRIC DELTA DENTAL OF MINNESOTA NOV 22 DENTAL PREMIUM 19.00_ TOTAL: 19.00 PUBLIC WORKS HYDRO ELECTRIC HOMETOWN ACE HARDWARE BOLT, WIRE ROPE, FASTENERS 68.47 WIRE ROPE CLIPS 3.57 THIMBLE, MINI SHARPIES 5.35 EYE W/ NUTS, WIRE ROPE, FA 63.82 FASTENERS, DRILL BITS, SCR 43.21 USS MN VII MT LLC WILDCAT SOLAR GARDEN SEP 2 6,351.47_ TOTAL: 6,535.89 MISCELLANEOUS INSURANCE FUND LEAGUE OF MN CITIES INS TRST WC CLAIM 2,885.45 WC CLAIM 117.74 WC CLAIM 4,273.68_ TOTAL: 7,276.87 =============== FUND TOTALS ================ 101 GENERAL 32,322.49 200 PARKS 26,058.58 205 CABLE TV 17.68 213 FIRE & AMBULANCE 16,490.94 220 LEDUC HISTORIC ESTATE 14.68 222 DUI ENFORCEMENT/EQUIP S.R 661.15 401 PARKS CAPITAL PROJECTS 3,322.50 407 HEDRA 21,750.33 600 WATER 1,019.60 601 WASTEWATER 365.66 603 STORM WATER UTILITY 1,919.95 615 ARENA 12,008.54 620 HYDRO ELECTRIC 6,554.89 705 INSURANCE FUND 7,276.87 -------------------------------------------- GRAND TOTAL: 129,783.86 -------------------------------------------- TOTAL PAGES: 4 VIII-01 10-27-2022 12:30 AM Council Report NOV 1ST PYMTS, 2022 PAGE: 1 DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_ NON-DEPARTMENTAL GENERAL HASTINGS AREA CHAMBER/COM SEPT LODGING TAX 8,084.50_ TOTAL: 8,084.50 ADMINISTRATION GENERAL INNOVATIVE OFFICE SOLUTIONS, LLC OFFICE SUPPLIES 133.61 WEX HEALTH, INC. SEPT WEX ADMIN FEE 44.00_ TOTAL: 177.61 CITY CLERK GENERAL WEX HEALTH, INC. SEPT WEX ADMIN FEE 10.59_ TOTAL: 10.59 FINANCE GENERAL WEX HEALTH, INC. SEPT WEX ADMIN FEE 16.50 GRAPHIC DESIGN 2023 TNT INSERT 656.39_ TOTAL: 672.89 FACILITY MANAGEMENT GENERAL GILBERT MECHANICAL CONTRACTORS, INC. CH-RECONNECT AUTOMATION-CH 520.00 WEX HEALTH, INC. SEPT WEX ADMIN FEE 2.34 MISCELLANEOUS V DAKOTA CO DAKOTA CO: ROOM REFUND 10/ 25.00 TERRYS HARDWARE, INC. FD SPRINKLER TEMP. PATCH 22.14 PICKUP BACK KEYS, TAP 67.25 TRANE PARTS CENTER CH CONTRACT A/C SVC WORK 1,572.00 VIKING ELECTRIC SUPPLY CS LED BULBS FOR COLD STOR 744.08_ TOTAL: 2,952.81 COMMUNITY DEVELOPMENT GENERAL WEX HEALTH, INC. SEPT WEX ADMIN FEE 2.75_ TOTAL: 2.75 I.T. GENERAL LOGIS/LOCAL GOVERNMENT INFORMATION SYS NETWORK SERVICES CHG 130.00 WEX HEALTH, INC. SEPT WEX ADMIN FEE 5.50_ TOTAL: 135.50 POLICE GENERAL LOGIS/LOCAL GOVERNMENT INFORMATION SYS OCT 22 3,209.00 ST PAUL POLICE DEPARTMENT - PDI TRAINING - YOUNG 200.00 NET TRANSCRIPTS, INC. TRANSCRIPTION COSTS 8.76 SOUTH METRO SWAT TRAINING - FORT MCCOY 641.60 WEX HEALTH, INC. SEPT WEX ADMIN FEE 90.74 STREICHERS AIMPOINT PRO 463.99 WEAPONRY .223 RIFLE AMMUNI 1,788.00_ TOTAL: 6,402.09 BUILDING & INSPECTIONS GENERAL WEX HEALTH, INC. SEPT WEX ADMIN FEE 11.00 SEPT WEX ADMIN FEE 2.75_ TOTAL: 13.75 PUBLIC WORKS GENERAL NAPA AUTO PARTS PW ROOF TOP BELTS 48.56 WEX HEALTH, INC. SEPT WEX ADMIN FEE 6.46_ TOTAL: 55.02 PUBLIC WORKS STREETS GENERAL WEX HEALTH, INC. SEPT WEX ADMIN FEE 11.28 HOSE, INC. COUPLERS 60.24_ TOTAL: 71.52 PUBLIC WORKS STR. LIGH GENERAL VIKING ELECTRIC SUPPLY COVERS, TIMERS, TAPE, ETC 772.49_ TOTAL: 772.49 PARKS & RECREATION PARKS SPIN CITY LAUNDROMAT, LLC. CLEANING OF TABLE CLOTHS 25.00 WEX HEALTH, INC. SEPT WEX ADMIN FEE 22.00 VIII-01 10-27-2022 12:30 AM Council Report NOV 1ST PYMTS, 2022 PAGE: 2 DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_ _______________ TOTAL: 47.00 CABLE CABLE TV WEX HEALTH, INC. SEPT WEX ADMIN FEE 0.41_ TOTAL: 0.41 HERITAGE PRESERVATION HERITAGE PRESERVAT WEX HEALTH, INC. SEPT WEX ADMIN FEE 0.69_ TOTAL: 0.69 FIRE FIRE & AMBULANCE LOGIS/LOCAL GOVERNMENT INFORMATION SYS OCT 22 318.00 SHRED-N-GO, INC. SHREDDING SERVICE 74.08 WEX HEALTH, INC. SEPT WEX ADMIN FEE 9.76_ TOTAL: 401.84 AMBULANCE FIRE & AMBULANCE TELEFLEX LLC MEDICAL SUPPLIES 215.00 WEX HEALTH, INC. SEPT WEX ADMIN FEE 39.74 CENTURY COLLEGE 30 BLS PROVIDER CARDS 195.00 EMT CLASS X 4 9,364.52 MISCELLANEOUS V DOUG DUNCAN DOUG DUNCAN: AMB RFD A22-1 83.19 MARY MUENCH MARY MUENCH: AMB RFD A22-1 83.03_ TOTAL: 9,980.48 LEDUC LEDUC HISTORIC EST WEX HEALTH, INC. SEPT WEX ADMIN FEE 0.41_ TOTAL: 0.41 ECONOMIC DEVELOPMENT HEDRA STANTEC CONSULTING SERVICES INC. WOOD SEALING 3,981.00 WEX HEALTH, INC. SEPT WEX ADMIN FEE 4.81 ELECTRO WATCHMAN, INC UPGRADE ALARM - ALC BLDG 955.00 MONITORING - ALC BLG 201.67 MN POLLUTION CONTROL AGCY UBC #1 - PETROLEUM BROWNFI 975.00 UBC #1 VOLUNTEER INVEST. C 3,375.00_ TOTAL: 9,492.48 PUBLIC WORKS 2022 IMPROVEMENTS MSA PROFESSIONAL SERVICES, INC. 22-1 CONST. STAKING 2,787.75_ TOTAL: 2,787.75 PUBLIC WORKS WATER HAWKINS INC CHLORINE CYLINDERS 40.00 CORE & MAIN LP METER ADAPTERS 114.58 WEX HEALTH, INC. SEPT WEX ADMIN FEE 11.83 CITY OF BLOOMINGTON BACT SAMPLING - SEPT 286.00_ TOTAL: 452.41 PUBLIC WORKS WASTEWATER WEX HEALTH, INC. SEPT WEX ADMIN FEE 8.39_ TOTAL: 8.39 PUBLIC WORKS STORM WATER UTILIT WEX HEALTH, INC. SEPT WEX ADMIN FEE 7.70 CEMSTONE PRODUCTS CO. CONCRETE 191.00_ TOTAL: 198.70 PARKS & RECREATION ARENA CINTAS CORPORATION NO 2 RESTOCK FIRST AID CABINET 149.69 WATSON COMPANY CONCESSION SUPPLIES 1,574.14 QUALITY PROPANE OF MN TANK RENTAL FEE 8.57 WEX HEALTH, INC. SEPT WEX ADMIN FEE 5.50 FARMER BROS CO. CONCESSION SUPPLIES 650.45 R & R SPECIALTIES, INC. ICE PAINTING, PAINT 2,461.75 SYSCO, MINNESOTA CONCESSION SUPPLIES 2,135.58_ TOTAL: 6,985.68 VIII-01 10-27-2022 12:30 AM Council Report NOV 1ST PYMTS, 2022 PAGE: 3 DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_ PUBLIC WORKS HYDRO ELECTRIC WEX HEALTH, INC. SEPT WEX ADMIN FEE 1.10_ TOTAL: 1.10 MISCELLANEOUS INSURANCE FUND LEAGUE OF MN CITIES INS TRST LMC GL 000000235681 - BIGL 747.19_ TOTAL: 747.19 =============== FUND TOTALS ================ 101 GENERAL 19,351.52 200 PARKS 47.00 205 CABLE TV 0.41 210 HERITAGE PRESERVATION 0.69 213 FIRE & AMBULANCE 10,382.32 220 LEDUC HISTORIC ESTATE 0.41 407 HEDRA 9,492.48 482 2022 IMPROVEMENTS 2,787.75 600 WATER 452.41 601 WASTEWATER 8.39 603 STORM WATER UTILITY 198.70 615 ARENA 6,985.68 620 HYDRO ELECTRIC 1.10 705 INSURANCE FUND 747.19 -------------------------------------------- GRAND TOTAL: 50,456.05 -------------------------------------------- TOTAL PAGES: 3 VIII-01 11-03-2022 11:05 AM Council Report NOV 8TH PYMTS, 2022 PAGE: 1 DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_ NON-DEPARTMENTAL GENERAL ENTERPRISE FM TRUST ENTERPRISE CAR LEASES 2,154.20- DAKOTA COUNTY TREASURER/AUDIT JPA PUMP MAINT 40X$3.00 120.00_ TOTAL: 2,034.20- COUNCIL & MAYOR GENERAL CENTURY LINK PHONES 8.05_ TOTAL: 8.05 ADMINISTRATION GENERAL CENTURY LINK PHONES 167.60 TOSHIBA AMERICA BUSINESS SOLUT COPIER LEASE 380.92_ TOTAL: 548.52 CITY CLERK GENERAL CENTURY LINK PHONES 24.15 GOODHIRE GOODHIRE 408.00_ TOTAL: 432.15 FINANCE GENERAL CENTURY LINK PHONES 64.39 GRAPHIC DESIGN BLANK PERFORATED STOCK 230.00_ TOTAL: 294.39 LEGAL GENERAL LEVANDER, GILLEN & MILLER, P.A. LEGAL FEES 2,250.00 LEGAL FEES 60.00 LEGAL FEES 15.00_ TOTAL: 2,325.00 FACILITY MANAGEMENT GENERAL BRIKK MECHANICAL LLC. F.D. WATER HEATER, VALVES 3,900.00 F.D. WATER HEATER, VALVES 280.00 CENTURY LINK PHONES 111.26 NAPA AUTO PARTS TRUCK BOX BOORS GAS SHOCKS 197.54 P.D. ROOFTOP EXHAUST FAN B 153.96 MILLER DUNWIDDIE ARCHITECTURE, INC CH ARCHITECTURAL/ROOFING P 1,083.53 ARCHER MECHANICAL. LLC F.D. CEILING HEAT MAINT. 2,542.39 TERRYS HARDWARE, INC. F.C. AIR COMPRESSOR FITTIN 41.74 VIKING AUTOMATIC SPRINKLER CS SPRINKLER ANNUAL INSPEC 605.00 FD ANNUAL INSPECTION 302.50 CH ANNUAL SPRINKLER INSPEC 1,000.00 D ANNUAL SPRINKLER INSPEC. 605.00 VIKING ELECTRIC SUPPLY C.S. LED BULBS FOR COLD ST 774.08_ TOTAL: 11,597.00 COMMUNITY DEVELOPMENT GENERAL CENTURY LINK PHONES 24.15_ TOTAL: 24.15 I.T. GENERAL CENTURY LINK PHONES 24.15_ TOTAL: 24.15 POLICE GENERAL SCHOWALTER, BRYAN 10/15-10/19 IACP CONF-DALL 231.50 CENTURY LINK PHONES 184.41 ENTERPRISE FM TRUST ENTERPRISE CAR LEASES 893.68- ENTERPRISE CAR LEASES 442.97 ENTERPRISE CAR LEASES 2,189.75 ENTERPRISE CAR LEASES 398.71 ENTERPRISE CAR LEASES 520.24 ENTERPRISE CAR LEASES 541.29 ENTERPRISE CAR LEASES 398.71 DAVID WILSKE 10/15-10/19 IACP CONF.-DA 231.50 ZACHARY KNOCHENMUS KNOCHENMUS - SWAT TRAINING 88.50 VIII-01 11-03-2022 11:05 AM Council Report NOV 8TH PYMTS, 2022 PAGE: 2 DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_ NICHOLAS CROSS CROSS - SWAT TRAINING 88.50 TOSHIBA AMERICA BUSINESS SOLUT COPIER LEASE 290.58 DAKOTA ELECTRIC ASSN ELECTRIC 17.84 ELECTRO WATCHMAN, INC ALARM PANEL FOR PROPERTY R 469.32_ TOTAL: 5,200.14 BUILDING & INSPECTIONS GENERAL CENTURY LINK PHONES 40.24 PHONES 8.05_ TOTAL: 48.29 PUBLIC WORKS GENERAL CENTURY LINK PHONES 40.24 FOCUS ENGINEERING, INC. PW EXPERT & CONSULTANT 10,057.00 CSAH 46 STUDY 565.00 TH 61 960.50 TOSHIBA AMERICA BUSINESS SOLUT COPIER LEASE 49.74_ TOTAL: 11,672.48 PUBLIC WORKS STREETS GENERAL ROAD EQUIPMENT PARTS CENTER AIR FILTER 8.95 PRECISE MOBILE RESOURCE MGMT. LLC DATA PLAN 125.00 CENTURY LINK PHONES 137.91 FOCUS ENGINEERING, INC. STREETS EXPERT & CONSULTAN 1,582.00 HWY 316 IMPROVEMENTS 395.50 HOMETOWN ACE HARDWARE GARDEN SPRAYER 21.59 PLIERS, FASTENERS, TAPE 76.18 BUSHING, NIPPLES 8.24 CUMMINS SALES & SERVICE BELT RETURN 81.35- OUTLAW IRON LAWN CARE LLC MOWING CONTRACT - OCTOBER 800.00 TOSHIBA AMERICA BUSINESS SOLUT COPIER LEASE 49.74 ANDERSEN, EARL F. POSTS 316.50 MINNESOTA AG GROUP - HASTINGS BATTERIES, CORES 323.58 RIVER COUNTRY COOPERATIVE DEF 542.75 HASTINGS FORD INSTALL BRAKE CONTROLLER 196.90 PAGE, GREG PAGE - CLOTHING 114.97 PAGE- SAFETY BOOT REIMBURS 189.99 TERRYS HARDWARE, INC. SLEDGE HAMMER 16.49 PROPANE 37.49_ TOTAL: 4,862.43 PUBLIC WORKS STR. LIGH GENERAL VAN METER INC LIGHTING 51.93 VIKING ELECTRIC SUPPLY COVERS, TIMERS, TAPE, PLAT 772.49_ TOTAL: 824.42 NON-DEPARTMENTAL PARKS MANSFIELD OIL COMPANY 890 GALLONS OF DIESEL 4,046.95_ TOTAL: 4,046.95 PARKS & RECREATION PARKS CINTAS CORPORATION NO 2 JMF FIRST AID SUPPLIES 81.20 INNOVATIVE OFFICE SOLUTIONS, LLC SUPPLIES 55.26 CRESCENT ELECTRIC SUPPLY COMPANY LIGHT REPAIR AT JMF 532.60 NEW GFI AT JMF 36.91 CENTURY LINK PHONES 223.23 HOMETOWN ACE HARDWARE COMPOST BAGS 2.69 NUTS AND BOLTS 14.94 SPRAY PAINT 9.89 MISC SUPPLIES 119.09 NAPA AUTO PARTS FUEL STABLE 11.75 TOSHIBA AMERICA BUSINESS SOLUT COPIER LEASE 149.34 VIII-01 11-03-2022 11:05 AM Council Report NOV 8TH PYMTS, 2022 PAGE: 3 DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_ LEANDER DE VILLIERS SAFETY BOOTS 106.50 DOG WASTE DEPOT DOG BAGS 611.22 HASTINGS SCHOOL DISTRICT #200 FUEL OVERCHARGE REIMBURSEM 19,428.80 JUDGE APPLIANCE & REFRIG FRIDGE RECYCLE 15.00 LIKES, CORY LIKES - SAFETY BOOTS 200.00 MOSENG LOCKSMITHING NEW LOCKS 1,330.40 MTI DISTRIBUTING COMPANY 5910 SPINDLE 81.79 TIMOTHY TESSIER TESSIER - BOOTS 200.00 TERRYS HARDWARE, INC. NEW SAW BLADES 21.97 TENSION BAND 2.97 STARGOLD AND FLAGS 110.17 NUT 0.28 VIKING AUTOMATIC SPRINKLER J.M. ANNUAL SPRINKLER INSP 302.50_ TOTAL: 23,648.50 PARKS & RECREATION AQUATIC CENTER CENTURY LINK PHONES 159.55_ TOTAL: 159.55 HERITAGE PRESERVATION HERITAGE PRESERVAT CENTURY LINK PHONES 8.05_ TOTAL: 8.05 FIRE FIRE & AMBULANCE CENTURY LINK PHONES 398.89 TOSHIBA AMERICA BUSINESS SOLUT COPIER LEASE 145.67_ TOTAL: 544.56 AMBULANCE FIRE & AMBULANCE BOUND TREE MEDICAL LLC MEDICAL SUPPLIES 614.56 LINDE GAS & EQUIPMENT INC. OXYGEN 188.65_ TOTAL: 803.21 LEDUC LEDUC HISTORIC EST DAKOTA COUNTY HISTORICAL SOCIETY 2022 LEDUC CLEAN & MAINT 5,000.00 VIKING AUTOMATIC SPRINKLER LD ANNUAL SPRINKLER INSPEC 605.00_ TOTAL: 5,605.00 ECONOMIC DEVELOPMENT HEDRA LEVANDER, GILLEN & MILLER, P.A. LEGAL FEES 297.00_ TOTAL: 297.00 NON DEPARTMENTAL PW Cold Storage Bu FOCUS ENGINEERING, INC. PW STORAGE BUILDING 1,779.75_ TOTAL: 1,779.75 PUBLIC WORKS 2022 IMPROVEMENTS FOCUS ENGINEERING, INC. 2022-1 NEIGHBORHOOD PROJEC 1,440.75 2023-1 NEIGHBORHOOD IMPV P 113.00 ANDERSEN, EARL F. 2022 RECON SIGNAGE PARTS 565.16_ TOTAL: 2,118.91 PUBLIC WORKS WATER IN CONTROL, INC. WELL #4 COMPUTER UPGRADES 11,237.00 CENTURY LINK PHONES 129.86 FOCUS ENGINEERING, INC. WATER FUND 2,627.25 CORE & MAIN LP REGISTER 333.56 US SALT WATER TREATMENT PLANT SALT 3,853.65 J R SERVICES LLC WELL #7 ROOF 8,900.00 TOSHIBA AMERICA BUSINESS SOLUT COPIER LEASE 49.74 G & L TANK SANDBLASTING & COATINGS, LL #3 4TH ST. W -TANK RECONDI 88,112.50 DAKOTA ELECTRIC ASSN ELECTRIC 45.05 GRAPHIC DESIGN UTILITY BILLING STMTS/POST 297.67 UTILITY BILLING STMTS/POST 1,378.99 TERRYS HARDWARE, INC. SPRING LINK, HIDER, LOCKS 47.13 VIII-01 11-03-2022 11:05 AM Council Report NOV 8TH PYMTS, 2022 PAGE: 4 DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_ PADLOCKS 59.97_ TOTAL: 117,072.37 PUBLIC WORKS WASTEWATER FOCUS ENGINEERING, INC. MET COUNCIL WWTP RELOCATIO 734.50 WASTEWATER FUND 339.00 CUMMINS SALES & SERVICE CUMMINS SALES & SERVICE 2,419.64 LOADBANK TEST - GEN SIEBEN 795.92 LOADBANK - 55/PRAIRIE 939.18 LOADBANK - TUTTLE 939.18 NAPA AUTO PARTS PROTECTANT SPRAY 13.57 TOSHIBA AMERICA BUSINESS SOLUT COPIER LEASE 49.74 DAKOTA ELECTRIC ASSN ELECTRIC 113.15 ELECTRIC 57.59 W.W. GRAINGER, INC. SPRING CHECK VALVE 47.01 GRAPHIC DESIGN UTILITY BILLING STMTS/POST 297.67 VALLEY SALES OF HASTINGS BATTERY, CORE 259.72_ TOTAL: 7,005.87 PUBLIC WORKS STORM WATER UTILIT FOCUS ENGINEERING, INC. STORMWATER FUND 536.75 GRAPHIC DESIGN UTILITY BILLING STMTS/POST 297.66_ TOTAL: 834.41 PARKS & RECREATION ARENA CENTURY LINK PHONES 71.73 VIKING AUTOMATIC SPRINKLER ARENA ANNUAL SPRINKLER INS 605.00_ TOTAL: 676.73 PUBLIC WORKS HYDRO ELECTRIC K.R. WEST CO. INC. OIL SAMPLING 432.00_ TOTAL: 432.00 NON-DEPARTMENTAL ESCROW - DEV/ENG/T FOCUS ENGINEERING, INC. CONFLUENCE CIVIL SITE WORK 452.00 HERITAGE RIDGE 3RD ADDN 819.25 COUNTY CROSSROADS 4TH APT 282.50 HERITAGE RIDGE 4TH ADDITIO 706.25 LEVANDER, GILLEN & MILLER, P.A. LEGAL FEES 197.00 LEGAL FEES 249.00 LEGAL FEES 1,919.50 LEGAL FEES 134.50 VIII-01 11-03-2022 11:05 AM Council Report NOV 8TH PYMTS, 2022 PAGE: 5 * REFUND CHECKS * DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_ NON-DEPARTMENTAL WATER MILLER, ROBERT US REFUNDS 125.00 FLATEN, ERICKA US REFUNDS 93.32 RODRIGUEZ, PAMELA US REFUNDS 80.00 HEKRDLE, NICK US REFUNDS 3.07 FLYNN, KEVIN/LISA US REFUNDS 130.00 ZUZEK, SCOTT/REBECCA US REFUNDS 94.55_ TOTAL: 5,285.94 =============== FUND TOTALS ================ 101 GENERAL 35,826.97 200 PARKS 27,695.45 201 AQUATIC CENTER 159.55 210 HERITAGE PRESERVATION 8.05 213 FIRE & AMBULANCE 1,347.77 220 LEDUC HISTORIC ESTATE 5,605.00 407 HEDRA 297.00 416 PW Cold Storage Building 1,779.75 482 2022 IMPROVEMENTS 2,118.91 600 WATER 117,598.31 601 WASTEWATER 7,005.87 603 STORM WATER UTILITY 834.41 615 ARENA 676.73 620 HYDRO ELECTRIC 432.00 807 ESCROW - DEV/ENG/TIF-HRA 4,760.00 -------------------------------------------- GRAND TOTAL: 206,145.77 -------------------------------------------- TOTAL PAGES: 5 VIII-01 City Council Memorandum To: Mayor Fasbender & City Council Members From: Paige Marschall Bigler Date: November 7, 2022 Item: Accept a Donation to Parks and Recreation Department for the 2022 Halloween Party Council Action Requested: Council is asked to accept a donation in the amount of $1,700.00, made to the Parks and Recreation Department and and has designated that these donations be used for the Community Halloween Party that was held on October 28, 2022. Background Information: Hastings Area Businesses and Individuals have made these donation to be used towards the Community Halloween Party that was held on October 28, 2022. Financial Impact: Increase the Parks and Recreation donation account by $1,700.00 Advisory Commission Discussion: N/A Council Committee Discussion: N/A Attachments: Resolution VIII-02 CITY OF HASTINGS DAKOTA COUNTY, MINNESOTA RESOLUTION 11 - - 22 A RESOLUTION EXPRESSING ACCEPTANCE OF AND APPRECIATION OF A DONATION TO THE PARKS AND RECREATION DEPARTMENT WHEREAS, Hastings area businesses and individuals (included in attachment) have presented to the City Parks & Recreation Department a donation of $1,700 along with various prizes and have designated that these donations be used for the Community Halloween Party that was held on October 28, 2022; and WHEREAS, the City Council is appreciative of the donation and commends these supportive community businesses and individuals for their civic efforts, NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Hastings, Minnesota; 1. That the donations are accepted and acknowledged with gratitude; and 2. That the donations will be appropriated for the Community Halloween Party Adopted this 7th day of November, 2022 ________________________________ Mary Fasbender, Mayor Attest: ____________________________ Kelly Murtaugh, City Clerk VIII-02 2022 Halloween Party Donations Monetary Donations Amount Blessings Academy of the Arts and Music $50 Lee Hotel Group – Hastings Inn $50 Golden Key Property Management $50 Hoffman & McNamara $250 Dynamic Structures $100 Tennis Sanitation $100 MN Coaches $50 Dakota Electric $200 Fluegel Law Firm $100 Lawrence Interiors $50 Tj Merroe Inc. – Rother Machine $50 Miller & Holmes Inc. $50 GDI $50 Intek Plastics $250 Hastings Fire Department Relief Association $200 American Legion $100 Total: 16 $1,700 In-Kind Donations Item Green Mill $25 Gift cards for prize Cub foods Boxes for food collection Hastings Walmart $200 gift cards for supplies VIII-02 City Council Memorandum To: Mayor Fasbender & City Councilmembers From: Dan Wietecha, City Administrator Date: November 7, 2022 Item: Accept Donations to City Arts Task Force for Creative Convergence Council Action Requested: Approve Resolution Expressing Appreciation and Accepting In-Kind Donations to the City of Hastings Arts Task Force Background Information: Hastings Area Businesses made in-kind donations to the Arts Task Force to conduct the first Creative Convergence event held on October 25, 2022. The Onion Grille – refreshments Geek Haven Coffee – refreshments Hastings Arts Center – venue and use of their liquor license for a cash bar Financial Impact: N/A Committee Discussion: Arts Task Force Attachments: Resolution Expressing Appreciation and Accepting In-Kind Donations to the City of Hastings Arts Task Force VIII-03 City of Hastings Dakota County, Minnesota Resolution # _______ A Resolution Expressing Appreciation and Accepting In-Kind Donations to the City of Hastings Arts Task Force WHEREAS, Hastings area businesses provided in-kind donations for venue, use of liquor license, and refreshments to be used for the Creative Convergence event held on October 25, 2022 and WHEREAS, the City Council is appreciative of the donation and commends these supportive community businesses for their civic efforts, NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Hastings, Minnesota: 1. That the donations are accept and acknowledged with gratitude. 2. That the donations will be used for the Creative Convergence event. Adopted this 7th day of November, 2022. __________________________________ Mary Fasbender, Mayor Attest: __________________________________ Kelly Murtaugh, City Clerk VIII-03 City Council Memorandum To: Mayor Fasbender & City Council Members From: Paige Marschall Bigler, Recreation Programming Specialist and Violet Penman, Solid Waste & Recycling Coordinator Date: November 7, 2022 Item: Dakota County Community Waste Abatement Grant Program Council Action Requested: It is recommended that the City Council authorize the submittal of the 2023 Dakota County Community Waste Abatement Grant Program Agreement. Background Information: Each year the City receives funding from Dakota County to assist with the promotion, activities and administration of the Community Waste Abatement Grant Program, formerly known as the Community Funding Grant and JPA. Currently, the administration of this program rests with Violet Penman, who is an employee of Rosemount working to administer the program to the cities of Hastings, Farmington, and Rosemount. Financial Impact: The total expected grant dollars for reimbursement is $116,301.24 in 2023, which accounts for funding allocated to the cities of Hastings ($40,337.09) Farmington ($36,484.59) and Rosemount ($39,479.59). The City of Rosemount shall act as the fiscal agent for the Cities and is authorized to pay program expenses and receive reimbursements. Thus, the City of Hastings will have minimal to no interaction with program expenses and reimbursements. Dakota County requires two reports and reimbursement requests in July 2023 and January 2024. Advisory Commission Discussion: N/A Council Committee Discussion: N/A Attachments: • 2023 Community Waste Abatement Grant Agreement • 2023 Community Waste Abatement Grant Program Guidelines • 2023 Community Waste Abatement Grant Program Application • 2023 Insurance Terms VIII-04 Dakota County Contract #C0036022 2023 Grant Agreement Page | 1 of 7 COMMUNITY WASTE ABATEMENT 2023 GRANT AGREEMENT This Community Waste Abatement Grant Agreement (Agreement) is made and entered into by and between the County of Dakota, acting through its Environmental Resources Department (County) and City of Rosemount, itself and acting as the fiscal agent for the cities of Farmington and Hastings (Grantees). WHEREAS, Metropolitan counties are responsible for waste management policy and programs (Minn. Stat. §115A.551); and WHEREAS, Dakota County Solid Waste Ordinance 110 requires each municipality in the County to have a solid waste abatement program that is consistent with the Dakota County Solid Waste Master Plan (Master Plan); and WHEREAS, the Dakota County Solid Waste Master Plan (Master Plan) governs all solid waste management in the County (Minn. Stat. § 115A.46); and WHEREAS, municipalities may not develop or implement a solid waste management activity that is inconsistent with the Master Plan (Minn. Stat. § 115A.46); and WHEREAS, the Master Plan supports performance-based funding for municipalities to develop and implement waste abatement programs, education, and outreach; and WHEREAS, by Resolution No. 19-577 (June 18, 2019), the Dakota County Board of Commissioners approved the Community Waste Abatement Grant Program; and WHEREAS, funding amounts are established by the County Board each year as part of the Environmental Resources Department (Department) budget; and WHEREAS, the Grantees agree to perform all activities described in this Agreement and Dakota County Waste Abatement Community Grant Program Exhibits 1 (Guidelines) and 2 (Application) (collectively referred to as the “Exhibits”) to the satisfaction of the County. NOW THEREFORE, in reliance on the above statements and in consideration of the mutual promises and covenants contained in this Agreement, the County and the Grantee agree as follows: AGREEMENT 1. PURPOSE. The purpose of this Agreement is to provide grant funding to eligible municipalities to implement solid waste abatement activities as described in this Agreement and the Exhibits. 2. ELIGIBILITY. Eligible municipalities include Apple Valley, Burnsville, Eagan, Farmington, Hastings, Inver Grove Heights, Lakeville, Lilydale, Mendota, Mendota Heights, Rosemount, South St. Paul, Sunfish Lake and West St. Paul. 3. PARTIES. The parties to this Agreement are the County and Grantees, collectively referred to as the “parties”. 4. TERM. Notwithstanding the dates of signatures of the parties to this Agreement, this Agreement shall commence on January 1, 2023, through December 31, 2023, (grant calendar year) for the purposes of completing activities identified in Exhibit 2 and shall continue until April 1, 2024, for the purpose of reimbursement, unless earlier terminated by law or according to the provisions of this Agreement. 5. GRANTEES OBLIGATIONS. The Grantees shall: A. Develop, implement, and operate a local comprehensive landfill abatement program that complies with the Master Plan, Dakota County Solid Waste Ordinance 110, this Agreement, and the Exhibits. B. Fulfill all responsibilities for Base and, if applicable, for Supplemental Funding as outlined in Exhibit 1. C. Report time, expense, and performance pursuant to responsibilities set forth in this Agreement using County report forms (Exhibit 2) and additional agreed-upon reporting tools provided by the County Liaison. VIII-04 Dakota County Contract #C0036022 2023 Grant Agreement Page | 2 of 7 6. ELIGIBLE AND INELIGIBLE EXPENSES. Grantees may use allocated funds only on eligible items as identified in Exhibit 1 and completed within the calendar year of this Agreement. Other waste abatement expenses may be eligible with prior written approval from the County Liaison. 7. FUNDING AMOUNT. Grantees receive performance-based funding in part from a pass-through grant from the State. Funding amounts are contingent upon available State and County funds and reflect the funding levels approved by the County Board as part of the annual budget. Base Funding is allocated for administration, residential communications, municipal facilities best management verification and employee education, and special collections. Optional Supplemental Funding is allocated for multifamily recycling, additional special collections or reduce/reuse activities, in-person education, event recycling/organics, and to meet funding gaps in eligible grant categories. The allocated funding for the Grantees, or the fiscal agent of a legal entity acting on their behalf, shall be in the total amount not to exceed $116,301.24, as set forth in Exhibit 2. 8. FUNDING MATCH. Grantees shall provide a 25% match of the total reimbursed grant funding amount through a cash match, in-kind contribution, or combination thereof, to pay for any new or ongoing activities that are instituted by the grant (i.e., any eligible expenses, whether new or ongoing). 9. FUNDING SOURCE ACKNOWLEDGEMENT. Provide funding source credit on all print materials, written as: Partially funded by Dakota County and the Minnesota Pollution Control Agency. 10. RECORDS. The Grantees shall maintain financial and other records and accounts in accordance with requirements of the County and the State of Minnesota. The Grantees shall manage funds in a dedicated bank account, maintain strict accountability of all funds and maintain records of all receipts and disbursements. Such records and accounts shall be maintained in a form which will permit the tracing of funds and program income to final expenditure. All records and accounts shall be retained as provided by law, but in no event for a period of less than five years from the last receipt of payment from the County pursuant to this Agreement. 11. PERFORMANCE REPORTING AND REIMBURSEMENT. Grantees shall report performance of responsibilities set forth in this Agreement and the Exhibits on a report form provided by the County. Grantees may request reimbursement for eligible expenses, less revenues or other funds received, incurred in connection with the performance of activities in accordance with this Agreement and the Exhibits on a reimbursement form provided by the County. Reimbursement requests must be submitted to the County Liaison by July 15 of the grant calendar year and by January 15 following the grant calendar year. The Grantees must certify that the requested reimbursements are accurate, appropriate and eligible in accordance with this Agreement, that the Grantees has submitted complete documentation of the actual expenditures for which reimbursement is sought, and that such expenditures have not been otherwise reimbursed. Reimbursement requests must be supported by documentation such as vendor invoices, receipts, or detailed financial reports produced using municipal accounting software, itemizing all expenses related to the grant, including salary and benefits. Any reimbursement request for multiple municipalities must separately itemize the request for reimbursement for each individual municipality. Reimbursement request payment will not be made for activities with incomplete documentation. Complete reimbursement requests are reviewed by the County Liaison. Payment for approved reimbursement requests will be made to the Grantees within 30 calendar days of approved reimbursement request submissions. Reimbursements will be made for approved expenditures incurred within the grant calendar year. No reimbursements will be made for reimbursement requests received after February 15 following the grant calendar year. 12. FAILURE TO PERFORM. Upon review of each Grantees report, the County Liaison will notify the Grantees in writing of any unsatisfactory performance. Reimbursements will be authorized only for activities performed to the satisfaction of the County within the terms of this Agreement. 13. AMENDMENTS. The Dakota County Environmental Resources Director (Director) shall have the authority to approve modifications to the Funding Amount as requested by the Grantees, as long as the amount payable does not exceed the amount allocated in Section 7 and so long as the proposed modifications are consistent with the Agreement and Exhibits. The County Liaison shall have the authority to approve modifications to the Application activities and related expenses within a funding category as requested by the Grantees, so long as the proposed modifications are consistent with the Agreement and Exhibits. VIII-04 Dakota County Contract #C0036022 2023 Grant Agreement Page | 3 of 7 14. PROPERTY. Upon termination of this Agreement or unless otherwise specified, any eligible infrastructure purchased by the Grantees or by the County and provided to the Grantees to fulfill Grant obligations shall be the sole property of the Grantees. 15. INDEMNIFICATION. Each party to this Agreement shall be liable for the acts of its officers, employees or agents and the results thereof to the extent authorized by law and shall not be responsible for the acts of the other party, its officers, employees or agents. The provisions of the Municipal Tort Claims Act, Minn. Stat. Ch. 466 and other applicable laws govern liability of the County and Grantees. The provisions of this section shall survive the expiration or termination of this Agreement. 16. AUTHORIZED REPRESENTATIVES: The following named persons are designated as the Authorized Representatives of the Parties for purposes of this Agreement. These persons have authority to bind the party they represent and to consent to modifications, except that the Authorized Representatives shall have only the authority specifically granted by their respective governing boards. The parties shall provide written notification to each other of any change to the Authorized Representative. Notice required to be provided pursuant this Agreement shall be provided to the following named persons and addresses unless otherwise stated in this Agreement, or in a modification of this Agreement. TO THE COUNTY TO THE GRANTEES Nikki Stewart, Director, or successor Dan Schultz, or successor, Parks & Rec Director Physical Development Division Joshua Hoyt, or successor, Mayor 14955 Galaxie Avenue Apple Valley, MN 55124 Mary Fasbender, or successor, Mayor 17. LIAISONS. To assist the parties in the day-to-day performance of this Agreement, to ensure compliance, and provide ongoing consultation, a liaison shall be designated by the County and the Grantee. The County and the Grantees shall keep each other continually informed, in writing, of any change in the designated liaison. At the time of execution of this Agreement, the following persons are the designated liaisons: COUNTY LIAISON GRANTEES LIAISON Gena Gerard Violet Penman Environmental Specialist Solid Waste & Recycling Coordinator 952-891-7021 612-268-9097 gena.gerard@co.dakota.mn.us violet.penman@rosemountmn.gov 18. TERMINATION, GENERAL. Either party may terminate this Agreement for cause by giving seven days’ written notice or without cause by giving thirty (30) days’ written notice, of its intent to terminate, to the other party. Such notice to terminate for cause shall specify the circumstances warranting termination of the Agreement. Cause shall mean a material breach of this Agreement and any supplemental agreements or amendments thereto. Notice of Termination shall be made by certified mail or personal delivery to the Authorized Representative of the other party. In addition, notification to the County or the Grantees regarding termination of this Agreement by the other party shall be provided to the Office of the Dakota County Attorney, Civil Division, 1560 Highway 55, Hastings, MN 55033. Termination of this Agreement shall not discharge any liability, responsibility or right of any party, which arises from the performance of or failure to adequately perform the terms of this Agreement prior to the effective date of termination. 19. TERMINATION BY COUNTY FOR LACK OF FUNDING. Notwithstanding any provision of this Agreement to the contrary, the County may immediately terminate this Agreement if it does not obtain funding from the Minnesota Legislature, Minnesota Agencies, or other funding source, or if its funding cannot be continued at a level sufficient to allow payment of the amounts due under this Agreement. Written notice of termination sent by the County to the Grantee by email or facsimile is sufficient notice under this section. The County is not obligated to pay for any services that are provided after written notice of termination for lack of funding. The County will not be assessed any penalty or damages if the Agreement is terminated due to lack of funding. 20. USE OF CONTRACTORS. The Grantees may engage contractors to perform activities funded pursuant to this Agreement. However, the Grantees retains primary responsibility to the County for performance of the activities and the use of such contractors does not relieve the Grantees from any of its obligations under this Agreement. If the Grantees engages any contractors to perform any part of the activities, the Grantees agrees that the contract for such services shall include the following provisions: VIII-04 Dakota County Contract #C0036022 2023 Grant Agreement Page | 4 of 7 A. The contractor must maintain all records and provide all reporting as required by this Agreement. B. The contractor must defend, indemnify, and hold harmless and save the County from all claims, suits, demands, damages, judgments, costs, interest, and expenses arising out of or by reason of the performance of the contracted work, caused in whole or in part by any negligent act or omission of the contractor, including negligent acts or omissions of its employees, subcontractors, or anyone for whose acts any of them may be liable. C. The contractor must provide and maintain insurance through the term of this Agreement in amounts and types of coverage as set forth in the Insurance Terms, which is attached and incorporated as Exhibit 3, and provide to the County, prior to commencement of the contracted work, a certificate of insurance evidencing such insurance coverage. D. The contractor must be an independent contractor for the purposes of completing the contracted work. E. The contractor must acknowledge that the contract between the Grantees and the contractor does not create any contractual relationship between County and the contractor. F. The contractor shall perform and complete the activities in full compliance with this Agreement and all applicable laws, statutes, rules, ordinances, and regulations issued by any federal, state, or local political subdivisions having jurisdiction over the activities. G. The contractor must use County toolkits (i.e., text, content, images) and follow the County’s Waste Abatement Education and Outreach Style Guide to provide standardized messaging. 21. COMPLIANCE WITH LAWS/STANDARDS. The County and Grantees agree to abide by all federal, state or local laws, statutes, ordinances, rules and regulations now in effect or hereafter adopted pertaining to this Agreement or to the facilities, programs and staff for which either party is responsible, including but not limited to Minn. Stat. § 115A, which requires cities to collect recyclable materials at all facilities under their control, wherever trash is collected, and to transfer the recyclable materials to a recycler. 22. EXCUSED DEFAULT – FORCE MAJEURE. Neither party shall be liable to the other party for any loss or damage resulting from a delay or failure to perform due to unforeseeable acts or events outside the defaulting party's reasonable control, providing the defaulting party gives notice to the other party as soon as possible. Acts and events may include acts of God, acts of terrorism, war, fire, flood, epidemic, acts of civil or military authority, and natural disasters. 23. CONTRACT RIGHTS CUMULATIVE NOT EXCLUSIVE. A. In General. All remedies available to either party for breach of this Agreement are cumulative and may be exercised concurrently or separately, and the exercise of any one remedy shall not be deemed an election of such remedy to the exclusion of other remedies. The rights and remedies provided in this Agreement are not exclusive and are in addition to any other rights and remedies provided by law. B. Waiver. Any waiver is only valid when reduced to writing, specifically identified as a waiver, and signed by the waiving party’s Authorized Representative. A waiver is not an amendment to the Contract. The County’s failure to enforce any provision of this Contract does not waive the provision or the County’s right to enforce it. 24. RECORDS RETENTION AND AUDITS. Each party’s bonds, records, documents, papers, accounting procedures and practices, and other records relevant to this Agreement are subject to the examination, duplication, transcription and audit by the other party, the Legislative Auditor or State Auditor under Minn. Stat. § 16C.05, subd. 5. If any funds provided under this Agreement use federal funds these records are also subject to review by the Comptroller General of the United States and his or her approved representative. Following termination of this Agreement, the parties must keep these records for at least six years or longer if any audit-in-progress needs a longer retention time. 25. MODIFICATIONS. Any alterations, variations, modifications, or waivers of the provisions of this Agreement shall only be valid when they have been reduced to writing and signed by the authorized representatives of the County and Grantees. 26. ASSIGNMENT. Neither party may assign any of its rights under this Agreement without the prior written consent of the other party. Consent under this section may be subject to conditions. VIII-04 Dakota County Contract #C0036022 2023 Grant Agreement Page | 5 of 7 27. GOVERNMENT DATA PRACTICES. For purposes of this Agreement, all data on individuals collected, created, received, maintained or disseminated shall be administered consistent with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13. 28. MINNESOTA LAW TO GOVERN. This Agreement shall be governed by and construed in accordance with the substantive and procedural laws of the State of Minnesota, without giving effect to the principles of conflict of laws. All proceedings related to this Agreement shall be venued in Dakota County, Minnesota or U.S. District Court, District of Minnesota. The provisions of this section shall survive the expiration or termination of this Agreement. 29. MERGER. This Agreement is the final expression of the agreement of the parties and the complete and exclusive statement of the terms agreed upon and shall supersede all prior negotiations, understandings, or agreements. There are no representations, warranties, or provisions, either oral or written, not contained herein. 30. SEVERABILITY. The provisions of this Agreement shall be deemed severable. If any part of this Agreement is rendered void, invalid, or unenforceable, such rendering shall not affect the validity and enforceability of the remainder of this Agreement unless the part or parts that are void, invalid or otherwise unenforceable shall substantially impair the value of the entire Agreement with respect to either party. 31. ELECTRONIC SIGNATURES. Each party agrees that the electronic signatures of the parties included in this Contract are intended to authenticate this writing and to have the same force and effect as wet ink signatures. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date(s) indicated below. FOR DAKOTA COUNTY (I represent and warrant that I am authorized to execute this contract on behalf of Dakota County.) By: _____________________________________ Nikki Stewart, Director Physical Development Division Date of signature:__________________________ APPROVED AS TO FORM: /s/ Dain L. Olson 10/26/22 Assistant County Attorney/Date KS-22-586-001 Dakota County Contract #C0036022 County Board Res. No. 19-577 CITY OF ROSEMOUNT (I represent and warrant that I am authorized by law to execute this contract and legally bind the Grantee.) By: _____________________________________ Signature Printed Name: Title: Telephone: Date of signature: Attest: Title: Date: VIII-04 Dakota County Contract #C0036022 2023 Grant Agreement Page | 6 of 7 CITY OF FARMINGTON (I represent and warrant that I am authorized by law to execute this contract and legally bind the Grantee.) By: _____________________________________ Signature Printed Name: Title: Telephone: Date of signature: Attest: Title: Date: VIII-04 Dakota County Contract #C0036022 2023 Grant Agreement Page | 7 of 7 CITY OF HASTINGS (I represent and warrant that I am authorized by law to execute this contract and legally bind the Grantee.) By: _____________________________________ Signature Printed Name: Title: Telephone: Date of signature: Attest: Title: Date: VIII-04 Dakota County Community Waste Abatement Grant Program 2023 Guidelines I.Grant Overview A.Municipalities in Dakota County have responsibilities to establish and maintain comprehensive local waste abatement programs. Dakota County provides educational, financial, and technical assistance to municipal governments to aid local waste abatement programs. The Dakota County Community Waste Abatement Grant Program (Program) assists municipalities with waste abatement expenses. II.Grant Eligibility A.Dakota County municipalities are eligible for the Program, excluding Dakota County townships and the cities of Coates, Hampton, Miesville, New Trier, Randolph and Vermillion. B.Municipalities with fewer than 1,000 households are eligible for limited funding in specific categories. C.To be eligible for Municipal Facilities Verification and Education funding, municipality must have at least one municipal facility to verify or at least one employee to educate, other than the municipal Liaison. D.To be eligible for Multifamily Recycling funding, municipality must have multifamily housing. E.To be eligible for Reduce/Reuse funding, municipality must have best waste management practices in place at all municipal/park facilities. III.Grant Funding Allocation and Match A.Funding amounts are determined annually by the County Board of Commissioners. B.Base Funding: Base Funding is allocated for required grant activities, including administration, residential communications, municipal facilities/parks verification, employee education, and special collections. C.Supplemental Funding: Optional Supplemental Funding is allocated for multifamily recycling, additional special collections, Reduce/Reuse activities, in-person education, event recycling, and gap funding. D.Matching Funds: Cities must provide a 25% match of the total reimbursed grant funding amount (Base Funding plus Supplemental Funding) through a cash match, in-kind contribution, or combination thereof, to pay for any activities that are instituted by the grant (i.e., any eligible expenses, whether new or ongoing). Any expenses that are not listed in the Guidelines as Eligible Expenses are ineligible for matching funds unless pre-approved by the County Liaison. E.Fund Eligibility Limits and Flexibility: a fund allocation maximum is set for each Base and Supplemental Funding grant category to align funding levels with Master Plan priorities, diversion potential, and other criteria, as defined in the Fund Allocation document. Fund allocations may be adjusted across grant categories, up to 10%, while not exceeding the total fund allocation for a given year, with prior written approval from the County Liaison. Dakota County Contract #C0036022 Exhibit 1 - Page 1 of 13 VIII-04 IV. Grant Application Instructions A. Complete all pages of the Application, excluding shaded areas for reporting. B. Use whole numbers for hours included in Cost Basis Calculations. C. If multiple municipalities submit one Application, the Application must itemize descriptions, costs, and funding requests for each municipality. Insert additional rows as needed. Submit Application by October 1, 2022 to Dakota County for review. Email to: gena.gerard@co.dakota.mn.us. D. Finalize Application and collect signature of authorized representative (i.e., authorized contract signatory). E. Submit signed Application to Dakota County for approval. Email to: gena.gerard@co.dakota.mn.us. F. Obtain Grant Agreement from Dakota County. G. Execute Grant Agreement. H. Complete all shaded areas for the mid-year and final reports as described in Guidelines Section VII. V. Funding Requests Part 1: Base Funding Request (Required) 1. Grant Administration and Master Plan Support Minimum Grant Requirements A. Fulfill responsibilities necessary for effective grant administration and demonstrate performance of waste abatement programs. B. Identify and ensure new municipal Liaison(s) is properly trained to fulfill responsibilities by attending the Dakota County Master Recycler/Composter class or equivalent as approved by the County Liaison. C. Participate in solid waste management training (e.g., Association of Recycling Managers [ARM] regional meetings, ARM workshops, RAM/SWANA conference, Reuse Minnesota) to support effective implementation of responsibilities. D. Ensure municipal Liaison(s) attends at least four of the six Program meetings hosted by the County Liaison. E. Refer persons, groups, and organizations to County Program Managers (e.g., business, multifamily, school). Provide reasonable support to implement the Solid Waste Master Plan, including but not limited to: Dakota County Contract #C0036022 Exhibit 1 - Page 2 of 13 VIII-04 1. Coordinate with the County Liaison to develop or update municipal permits and agreements to require recycling/back-of-house organics with best waste management practices at events, tournaments, and festivals (e.g., event permit, event vendor agreement, facility rental agreement, event hauler agreement), consistent with city codes and County Ordinance 110. F. Maintain current waste management information on the municipal website: 1. Describe city solid waste collection requirements for haulers (i.e., licensing requirements) and hauler collection information (e.g., allowable collection days and time of day) for residents and commercial generators 2. Describe city solid waste collection requirements for generators, including commercial generators, events, and multifamily properties; 3. Post the County’s standardized messages for residential recycling materials (i.e., the yes/no “what to recycle” list); and 4. Coordinate with County staff for municipal website content and links to Dakota County website pages (e.g., Dakota County Recycling Requirements, the Recycling Guide, The Recycling Zone, Residential Recycling, Business Recycling, Multifamily Recycling, School Recycling, Event Recycling, Reuse Map, and Environmental Education Resources). G. Demonstrate Program compliance and waste abatement metrics in mid-year and final reports that include information for all Base and Supplemental funded projects, as described in Reporting and Reimbursement below. H. Submit reimbursement requests by County deadlines with substantiating documentation, as described in Reporting and Reimbursement below. Eligible Expenses A. Salary, benefits, and mileage of municipal personnel, full-time and temporary, working on the planning, implementing, promoting, and reporting of eligible activities. Solid waste training and professional memberships to support effective implementation of Base Funding or Supplemental Funding activities, excluding out-of-state travel and lodging. B. Consultant/contract services or stipend for an organization, group, or individual to provide assistance. C. Other expenses to administer grant-funded activities, with prior written approval from the County Liaison. 2. Residential Communications Minimum Grant Requirements A. Provide written waste abatement information to all residents of single-family and multifamily dwellings including County standardized messaging articles and images in Municipality-mailed newsletters on each of the following topics, with full pages preferred as resources allow: 1. Home recycling; 2. Residential services at the Recycling Zone; Dakota County Contract #C0036022 Exhibit 1 - Page 3 of 13 VIII-04 3. Residential organics drop-off site(s); and 4. Local reduce/reuse opportunities for residents (e.g., local donation and exchange options, County online Dakota County Reduce & Reuse Map, County Fix-It Clinics). B. Promote County staff-developed electronic media messages (e.g., website, social media, e-news) about solid waste and household hazardous waste management, including all priority waste abatement topics listed above using County messaging standards. C. Serve as a resource to residents on waste abatement-related inquiries (e.g., email, phone). D. Provide funding source credit on all print materials, written as: Partially funded by Dakota County and the Minnesota Pollution Control Agency. E. Submit written residential waste abatement information to County Liaison for review at least three business days before printing. Eligible Expenses A. Salary, benefits, and mileage for municipality personnel, full-time and temporary, working on the planning, implementing, promoting, and reporting of eligible activities. B. Percentage of cost for design, production, and postage for municipality newsletter devoted to waste abatement articles on topics listed in Requirements above using County standardized messaging articles and images, or to mail County waste abatement materials to new residents in coordination with the County. C. Outreach media usage fees (e.g., advertisements, videos, billboards, radio, theater, television, e- news, and social media) for waste abatement standardized messaging. D. Consultant/contract services or stipend for an organization or group to provide assistance. E. Translation services if approved in advance by County Liaison. F. Other expenses to administer grant-funded activities, with prior written approval from the County Liaison. 3. Municipal Facilities/Parks Verification and Education Minimum Grant Requirements A. Ensure collected recyclables and organics generated at municipal facilities/parks are delivered to the respective licensed facility, or to another facility approved by the County Liaison. B. Provide monitoring and verification of best waste management practices at least once annually, by: 1. Visually inspecting waste management at all municipality-controlled facilities, including parks; and 2. Reporting on status of compliance with Dakota County Ordinance 110 using the Municipal Recycling Tracking Tool or another tool provided by Dakota County, to verify recycling programs for facilities under the municipality’s control collect the Designated List of Recyclables wherever trash is collected and follow best waste management practices. Dakota County Contract #C0036022 Exhibit 1 - Page 4 of 13 VIII-04 C. Provide County standardized solid waste abatement messaging about recycling in municipal buildings, in print or electronic format to each municipal employee, volunteer, tenant, and custodial/housekeeping staff annually, and other people responsible for sorting, collecting, or transporting waste to external carts or dumpsters, within 30 days of a new hire or new tenant, and within 30 days of a substantive change to your recycling or waste program. Eligible Expenses A. Salary, benefits, and mileage for municipality personnel, full-time and temporary, working on the planning, implementing, promoting, and reporting of eligible activities. B. Copying and printing waste abatement education materials for municipal employees and vendors, such as signs, trainings and mass communication using County messaging standards. C. Consultant/contract services or stipend for an organization or group to provide assistance. D. Fees for MRF tours to educate municipal employees about their local recycling system. E. Other expenses to administer grant-funded activities, with prior written approval from the County Liaison. 4. Special Collections Minimum Grant Requirements A. Implement one or more drop-off events, discounts, curbside collections, permanent drop-off collection sites, or combination thereof to collect specific traditional and non-traditional solid waste materials from residents for reuse or recycling. B. Collect all of the following materials from residents for reuse or recycling or organics composting, with preference given to reuse: 1. Confidential paper for shredding 2. Mattresses and box springs 3. Pumpkins C. The following optional materials may also be collected from residents for reuse or recycling, with preference given to reuse: 1. Bicycles 2. Cardboard 3. CFLs 4. Furniture 5. Holiday lights 6. Scrap metal 7. Shoes 8. Athletic gear 9. Other materials as pre-approved by the County Liaison (e.g., carpet, textiles, film plastic/plastic bags). Dakota County Contract #C0036022 Exhibit 1 - Page 5 of 13 VIII-04 D. Obtain confirmation that collected materials are delivered to a reuse location or to a licensed recycling/organics facility, or to another facility approved by the County Liaison. E. Obtain and report weights for each material collected. F. Promote special collection opportunities to all single-family and multifamily residents using County messaging standards, telling residents how materials will be managed. G. Submit promotional communications to County Liaison for review at least three business days before publication. H. Coordinate collections with County liaison to prevent duplication of effort, conflicting messages, pricing conflicts, and competition for resident participation. I. Ensure special collection opportunities are conveniently located and scheduled, with an independent collection opportunity for each municipality having 1,000 households or more; a municipality with fewer than 1,000 households may coordinate with a neighboring municipality for co-collection. Eligible Expenses A. Salary, benefits, and mileage for municipality personnel, full-time and temporary, working on the planning, implementing, promoting, and reporting of eligible activities (i.e., for collection of materials listed above). B. Vendor services, less resident fees, to collect materials listed above at a residential drop-off day or event with confirmed delivery to a reuse, recycling, or organics facility. C. Vendor services, less resident fees, to collect materials listed above at a permanent residential collection drop-off site or curbside collection, with confirmed delivery to a reuse, recycling, or organics facility. D. Print media copying/printing to promote special collection opportunities and permanent drop-off sites to residents (e.g., posters, flyers, signs) using County messaging standards. E. Fees for advertisements, videos, radio, television, e-news, and social media to promote collections, using County messaging standards. F. Consultant/contract services or stipend for an organization or group to provide assistance. G. Safety vests, work gloves, and other protective equipment for volunteers working on collections for materials listed above. H. Other expenses to administer grant-funded activities with prior written approval from the County Liaison. Dakota County Contract #C0036022 Exhibit 1 - Page 6 of 13 VIII-04 Part 2: Supplemental Funding Request (Optional) 5. Multifamily Recycling Minimum Grant Requirements A. Conduct all of the following activities: 1. Coordinate with the County Liaison to develop new or strengthen multifamily points of contact (“touchpoints” such as business license renewals, rental license renewals, rental inspections, fire inspections, and property manager meetings), consistent with city codes and County Ordinance 110. 2. Send a mailing to property managers and owners about recycling resources, in coordination with County staff. 3. Identify, strengthen, or both, municipal planning and construction procedures to support recycling and organics in new or remodeled buildings (e.g., internal chutes; adequate internal and external space). 4. Work with County Liaison to identify and provide technical assistance for up to three multifamily properties enrolled in the Dakota County Multifamily Recycling Program to implement best waste management practices by: a. First attending technical assistance training provided by County Liaison; b. Promoting the program to engage new participants through strategic outreach; c. Providing on-site needs assessments to systematically evaluate and document opportunities to enhance recycling and waste prevention, and to meet best practices, using County materials; d. Using needs assessments to complete applications for the program in collaboration with property managers to request County-supplied containers, labels, signage, education materials, staff and resident education as needed, and other technical assistance; e. Implementing approved plans in coordination with property managers, haulers, County staff, and other partners; f. Providing targeted on-site employee and resident education about recycling and waste prevention, including the recycling system within the building, in partnership with the County Liaison, using County messaging standards; g. Providing ongoing support to sustain recycling efforts by contacting past program participants to offer additional education materials, staff and resident education as needed, and other technical assistance; h. Promoting reuse and bulky waste collection opportunities for multifamily tenants at move-in/move-out; i. Collaborating with the County Liaison for culturally specific needs such as translation and interpretation; j. Following all program protocols for outreach and technical assistance, best waste management practices, and education, using County messaging standards; and k. Tracking and reporting on outcomes for each participating property, using forms or tools provided by the County Liaison. Eligible Expenses A. Salary, benefits, and mileage for municipality personnel, full-time and temporary, working on the planning, implementing, promoting, and reporting of eligible activities. Dakota County Contract #C0036022 Exhibit 1 - Page 7 of 13 VIII-04 B. Consultant/contract services or stipend for an organization or group to provide assistance. C. Other expenses to administer grant-funded activities, with prior written approval from the County Liaison. 6. Additional Special Collections and Reduce/Reuse Activities Minimum Grant Requirements A. Provide biannual updates to the County’s online Dakota County Reduce & Reuse Map. B. Implement any of the following three activities: 1. Implement one or more additional Special Collection drop-off days, events, curbside collections, permanent drop-off collection sites, or combination thereof to collect specific (see Section 4C) traditional and non-traditional solid waste materials from residents for reuse (preferred) or recycling. 2. Coordinate with County Liaison to implement one or more residential reduce/reuse activities: a. Host residential swap events or city-wide garage sales; b. Provide staff support at County Fix-It Clinics; c. Implement a reusable bag exchange at specific location(s) (e.g., local store, farmer’s market, co-op); d. Host or facilitate a lending library for tools, lawn and gardening equipment, kitchenware, crafting, camping equipment, or other items as pre-approved by the County Liaison; e. Host residential reduce or reuse education classes (e.g., simple mending, how to downsize); f. Leverage existing residential activities to plan or start any of the following activities: • Coordinate with realtors to promote reuse prior to home sales; • Coordinate with a local repair business to host a repair event; • Other as approved by County Liaison; g. Facilitate changes to municipality codes, policies, and practices that are barriers to reuse (e.g., clothing drop box prohibitions, rental companies, and secondhand stores); h. Provide a bus for residents to participate in reduce/reuse activities (e.g., seniors); i. Other reduce/reuse activities as pre-approved by the County Liaison; j. Prioritize reusable dishware (e.g., washable baskets, cups) in place of single-use products, by contracting with vendors that offer reusable products and services for events (e.g., washing on site or off site). 3. Facilitate changes to internal policies and practices to promote reduce/reuse and recycling of municipal supplies and equipment through any of the following: a. Facilitate changes to increase recycled content in products purchased by the city (in accordance with Minn. Stat. § 16C.073). b. Identify existing city policies and administrative practices for copy paper purchases in internal operations. c. Facilitate revisions to policies and practices to purchase at least 30% post-consumer recycled content copy paper. d. Attend Reuse Minnesota meetings. e. Other as approved by County Liaison. Dakota County Contract #C0036022 Exhibit 1 - Page 8 of 13 VIII-04 Eligible Expenses A. Salary, benefits, and mileage for municipality personnel, full-time and temporary, working on the planning, implementing, promoting, and reporting of eligible activities described in Requirements above). B. Vendor services, less resident fees, to collect materials listed above at a residential drop-off day or event with confirmed delivery to a reuse, recycling, or organics facility. C. Vendor services, less resident fees, to collect materials listed above at a permanent residential collection drop-off site or curbside collection, with confirmed delivery to a reuse, recycling, or organics facility. D. Print media copying/printing to promote reduce/reuse activities, special collection opportunities and permanent drop-off sites to residents (e.g., posters, flyers, signs) using County messaging standards. E. Fees for advertisements, videos, radio, television, e-news, and social media to promote collections using County messaging standards. F. Translation services if approved in advance by County Liaison. G. Consultant/contract services or stipend for an organization or group to provide assistance. H. Reduce/reuse activity expenses with prior written approval (e.g., start-up supplies). I. Other expenses to administer grant-funded activities with prior written approval from the County Liaison. 7. In-Person Education Minimum Grant Requirements A. Provide in-person waste abatement education for adults and youth through face-to-face interactions during presentations or at booths, events, or gatherings to educate 1% or more of the Municipality’s population through a direct learning experience, on the following topics: 1. Home recycling (required) 2. Residential organics drop site(s) (optional) 3. Residential services at the Recycling Zone (optional) 4. Local reduce/reuse opportunities for residents (e.g., classes on donation/decluttering, mending/sewing) (optional) B. Use County materials for promotional and distribution handouts. C. Review display and education materials with County Liaison in advance of in-person education. D. If conducting online education, provide a live format with interactive opportunities (i.e., no pre- recorded videos). Dakota County Contract #C0036022 Exhibit 1 - Page 9 of 13 VIII-04 E. Use messaging standards on County website for verbal education or have County Liaison review messaging. F. Coordinate with County Liaison for any education requests in schools, businesses, and multifamily residences. G. Track and report on outcomes using County forms, on an annual basis or more often as requested, including monitoring presentation attendance (e.g., sign-in sheet or head count), online webinar attendance (e.g., number of people who log on), booth interactions (e.g., clicker or tally sheet), and game interactions (e.g., clicker or tally sheet). Eligible Expenses A. Salary, benefits, and mileage for municipality personnel, full-time and temporary, while working on the planning, implementing, promoting, and reporting of eligible activities (i.e., only activities described in Requirements above; does not include brochure distribution, or any activities lacking an educational face-to-face interaction and direct learning experience). B. Printing or copying of promotional or distribution pieces (e.g., posters, flyers, guides) complying with County messaging standards and approved in advance by County Liaison, if not duplicative of existing County publications. C. Event, booth, and room rental fees. D. Fees for County-approved professional educators and performers who help implement required education activities on topics listed above and comply with County messaging standards. E. Fees for MRF tours to educate residents about their local recycling system. F. County-approved promotional items or professional services up to $500 in value that create minimal waste and contribute to waste abatement education. G. Consultant/contract services or stipend for an individual, organization or group to provide assistance. H. Other expenses to administer grant-funded activities, with prior written approval from the County Liaison. 8. Event Recycling and Organics Collection Minimum Grant Requirements A. Implement recycling, back-of house organics collection, or both, at events. 1. Contact and assist event coordinators to plan and implement recycling collection, back-of- house organics collection, or both. 2. Assist with obtaining temporary containers, proper bags, signage, hauler services for collection, and as appropriate, recruit waste station staffing. Dakota County Contract #C0036022 Exhibit 1 - Page 10 of 13 VIII-04 3. Assist with applying best waste management practices for standardized messaging to vendors, volunteers, and custodial staff; labeled and an appropriate number of co-located recycling and trash containers in strategic locations to prevent overflow; and delivery to a licensed/permitted facility. 4. For recyclables collection, prioritize events on public property that generate at least one ton (8 cy) of trash (e.g., community events, athletic tournaments, fairs, markets, concerts, etc.) 5. For organics collection, prioritize events of at least 300 people that generate back-of-house organics and at least one ton (8 cy) of trash. 6. Obtain confirmation that collected materials are delivered to a licensed or otherwise approved recycling/organics facility if grant funds are being used for hauling services at city events. Eligible Expenses A. Salary, benefits, and mileage for municipality personnel, full-time and temporary, while working on the planning, implementing, promoting, and reporting of eligible activities. B. X-frame containers, grabbers, green 5-gallon buckets, signage, X-Frame bags for recyclables and organics, promotion and other materials necessary for successful project implementation at large events. Purchased assets are the property of the city for use at events. C. Recycling/organics hauling services of collected materials from city events/tournaments/ festivals, with confirmed delivery to a licensed recycling/composting facility, or to another facility approved by the County Liaison. D. Consultant/contract services or stipend for an organization or group to provide assistance, prioritizing large events. E. Other expenses to administer grant-funded activities, with prior written approval from the County Liaison. 9. Gap Funding Minimum Grant Requirements A. Complete, or make progress toward completing, one or more waste abatement projects included in eligible grant categories above, for which additional funding is needed, with first priority given to filling funding gaps in Base Funding categories, and second priority given to filling gaps in Supplemental Funding categories. Eligible Expenses A. Salary, benefits, and mileage for municipality personnel, full-time and temporary, while working directly on the planning, implementing, promoting, and reporting of eligible activities. B. Expenses for completion of projects that are eligible, as defined in Grant Requirements and Eligible Expenses sections above. C. Other expenses to administer grant-funded activities with prior written approval from the County Liaison. Dakota County Contract #C0036022 Exhibit 1 - Page 11 of 13 VIII-04 I. Ineligible Expenses The following expenses are ineligible for funding: A. Expenses that are not specified as an eligible expense above, unless written approval has been obtained from the County Liaison. B. Expenses related to non-waste abatement waste issues (e.g., energy, water, sustainability). C. Expenses related to land disposal of materials, and collection and management of banned materials, trash, hazardous and household hazardous waste and business waste, unless specifically identified above (e.g., residential compact fluorescent bulb collection, multi-stream containers). D. Expenses related to city code amendments and enforcement (e.g., code compliance administration, programming and communications; inspections). E. Municipality-generated waste management. F. Food or refreshments unless approved by the County Liaison as compliant with Dakota County Policy 2740. G. Design/print of education and communications print materials not described above, unless prior written approval has been obtained from the County Liaison. H. Out-of-state meals, travel, and lodging. I. Office supplies and equipment including phone charges and website fees. J. Waste collection containers and lids, unless specifically identified above (e.g., X-frames for events). II. Reporting and Reimbursement Grant Requirements A. By July 15, 2023, Municipality shall submit a mid-year report and reimbursement request form for the first six months of 2023, on forms provided by the County Liaison. B. By January 15, 2024, Municipality shall submit a final report and reimbursement request form for the last six months of 2023, on forms prescribed by the County Liaison. C. Mid-year and final reports shall include time spent on each category, and for each city if applicable, for municipality personnel, full-time and temporary, while working directly on the planning, implementing, promoting, and reporting of eligible activities during the reimbursement period. D. Report and reimbursement request forms must be signed by the Authorized Representative (i.e., contract signatory) for the grant agreement, or by other designee who is independent of municipality personnel who work directly on the planning, implementing, promoting, and reporting of eligible activities. Dakota County Contract #C0036022 Exhibit 1 - Page 12 of 13 VIII-04 E. Reimbursement requests must be for eligible expenses, less revenues or other monies received, incurred in connection with the performance of grant activities. F. Reimbursement requests must be supported by documentation such as vendor invoices, receipts, or detailed financial reports produced using municipal accounting software, itemizing all expenses related to the grant, including salary and benefits. Any reimbursement request for multiple municipalities must separately itemize the request for reimbursement for each individual municipality. G. Salary and benefits cannot exceed the total amount budgeted for salary and benefits in the Application unless reasonable justification is provided and approved by County Liaison in advance. Dakota County Contract #C0036022 Exhibit 1 - Page 13 of 13 VIII-04 1 | P a g e Dakota County Community Waste Abatement Grant Program 2023 Application Application Deadline: October 1, 2022 Municipality: Cities of Rosemount, Hastings, and Farmington Application Submittal Date: September 30, 2022 Funding Period: January 1, 2023 - December 31, 2023 2023 Report and Reimbursement Request Due Dates: July 15, 2023 for January - June 2023 January 15, 2024 for July - December 2023 Authorized Representative (Contract Signatory) Name: Dan Schultz Title: Parks & Rec. Director E-mail: dan.schultz@rosemountmn.gov Phone: 651-322-6012 Mailing Address: 13885 South Robert Tr., Rosemount, MN 55068 Municipality Primary Contact Designated Liaison: Violet Penman Title: Solid Waste and Recycling Coordinator E-mail: Violet.penman@rosemountmn.gov Phone: 612-268-9097 Municipality Secondary Contact Rosemount Name: Greg Lund Title: Parks Supervisor Email: greg.lund@rosemountmn.gov Phone: 651-346-9133 Hastings Name: Paige Marschall Bigler Title: Recreation Program Specialist Email: pmarschall@hastingsmn.gov Phone: 651-480-6175 Farmington Name: Steve Arndt Title: Streets & Utilities Supervisor Email: sarndt@farmingtonmn.gov Phone: 651-280-6904 Municipality Communications Contact Rosemount Name: Rosemount: Lee Stoffel Title: Communications Coordinator Email: lee.stoffel@rosemountmn.gov Phone: 651-322-2078 Hastings Name: Dawn Skelly Title: Communications Coordinator Email: dskelly@hastingsmn.gov Phone: 651-480-2344 Farmington Name: TBD Title: Communications Specialist Email: TBD Phone: TBD Budget Summary Fund Eligibility Fund Request Part 1: Base Funding Request (Required) 1. Administration $27,000.00 $27,000.00 2. Residential Communications $13,500.00 $13,499.99 3. Municipal Facilities Verification and Education $5,840.00 $5,840.00 4. Special Collections $20,772.00 $20,690.00 Subtotal $67,112.00 $67,029.99 Dakota County Contract #C0036022 Exhibit 2 - Page 1 of 20 VIII-04 2 | P a g e Part 2: Supplemental Funding Request (Optional) 5. Multifamily Recycling $19,473.75 $19,426.25 6. Additional Special Collections and Reduce/Reuse Activities $10,386.00 $10,320.00 7. In-Person Education + Event Recycling and Organics $12,982.50 $12,865.00 8. Gap Funding $6,692.76 $6,660.00 Subtotal $49,535.01 $49,271.25 Total Eligible Grant Funding $116,647.01 - Total Grant Funding Request - $116,301.24 Total Grant Match/In-Kind Funding (25%) $123,904.73 Total Cost of Proposed Activities (Request + Match) $240,205.97 Total Grant Diversion Potential (Tons) 50.5 tons Dakota County Contract #C0036022 Exhibit 2 - Page 2 of 20 VIII-04 3 | P a g e A. Application and Reporting Instructions 1. Complete all pages of the Application, excluding shaded areas for reporting. 2. Use whole numbers for hours included in Cost Basis Calculations. 3. If multiple municipalities submit one Application, the Application must itemize descriptions, costs, and funding requests for each municipality. Insert additional rows as needed. 4. Submit Application by October 1, 2022 to Dakota County for review. Email to: gena.gerard@co.dakota.mn.us. 5. Finalize Application and collect signature of authorized representative (i.e., authorized contract signatory). 6. Submit signed Application to Dakota County for approval. Email to: gena.gerard@co.dakota.mn.us. 7. Obtain Grant Agreement from Dakota County. 8. Execute Grant Agreement. 9. Complete all shaded areas for the mid-year and final reports as described in Guidelines Section VII. B. Grant Request and Reimbursement Expenses Part 1: Base Funding (Required) 1. Grant Administration and Master Plan Support Description of Expense Cost Basis Calculation Funding Request Jan-Jun Actual Jul-Dec Actual Staff: Salary to administer Grant Requirements for Base Funding #1 ROSEMOUNT Name: Violet Penman Title: SW&R Coord., $45/hr. # Hours: 196 x $45/hr. $8,820.00 HASTINGS Name: Violet Penman Title: SW&R Coord., $45/hr. # Hours: 196 x $45/hr. $8,820.00 FARMINGTON Name: Violet Penman Title: SW&R Coord., $45/hr. # Hours: 196 x $45/hr. $8,820.00 Training RAM/SWANA Conference $375 $540.00 ARM membership/workshop $35 Reuse MN membership/conference $50 membership $80 conference Other: Funding Request Subtotal - - $27,000.00 Matching Funds: ROSEMOUNT Greg Lund, Parks Supervisor $50/hr. x 40 hrs. = $2,000 $4,000.00 Mark Vanyo, Community Center Rental agreement revisions $50/hr. x 20 hrs. = $1,000 Lacelle Cordes, Park Rental agreement revision $50/hr. x 20 hrs. = $1,000 Matching Funds: HASTINGS Paige Marshall-Bigler, Recreation Program Specialist, rental agreement revisions $50/hr. x 40 hrs. = $2,000 $4,000.00 Phil Vargas, Sports & Recreation Coordinator, rental agreement revisions $50/hr. x 20 hrs. = $1,000 Jeff Elliot, Arena Manager, rental agreement revisions $50/hr. x 20 hrs. = $1,000 Matching Funds: FARMINGTON Steve Arndt, Street & Utility Supervisor, rental agreement revisions $50/hr. x 40 hrs. = $2,000 $4,000.00 Dakota County Contract #C0036022 Exhibit 2 - Page 3 of 20 VIII-04 4 | P a g e Emilee Shearer, Recreation Supervisor, rental agreement revisions $50/hr. x 20 hrs. = $1,000 Missie Kohlbeck, Recreation Supervisor, rental agreement revisions $50/hr. x 20 hrs. = $1,000 Matching Funds Subtotal $12,000.00 Description of Activity (Minimum Grant Requirements) ☒ A. Fulfill responsibilities necessary for effective grant administration and demonstrate performance of waste abatement programs. ☒ B. Identify and ensure new municipal Liaison(s) is properly trained to fulfill responsibilities by attending the Dakota County Master Recycler/Composter class or equivalent as approved by the County Liaison. ☒ C. Participate in solid waste management training (e.g., Association of Recycling Managers [ARM] regional meetings, ARM workshops, RAM/SWANA conference, Reuse Minnesota) to support effective implementation of responsibilities. Describe training plans for (b) and (c): SW&R Coordinator will participate in ARM meetings and attend workshops and conferences for ARM and RAM/SWANA. ☒ D. Ensure municipal Liaison(s) attends at least four of the six Program meetings hosted by the County Liaison. ☒ E. Refer persons, groups, and organizations to County Program Managers (e.g., business, multifamily, school). ☒ R. Provide reasonable support to implement the Solid Waste Master Plan, including but not limited to: 1. Coordinate with the County Liaison to develop or update municipal permits and agreements to require recycling/back-of-house organics with best waste management practices at events, tournaments, and festivals (e.g., event permit, event vendor agreement, facility rental agreement, event hauler agreement), consistent with city codes and County Ordinance 110. ☒ G. Maintain current waste management information on the municipal website: 1. Describe municipal solid waste collection requirements for haulers; (i.e., licensing requirements) and hauler collection information (e.g., allowable collection days and time of day) for residents and commercial generators; 2. Describe municipal solid waste collection requirements for generators, including commercial generators, events, multifamily properties; 3. Post the County’s standardized messages for residential recycling materials (i.e., the yes/no “what to recycle” list); and 4. Coordinate with County staff for municipal website content and links to Dakota County website pages (e.g., Dakota County Recycling Requirements, the Recycling Guide, The Recycling Zone, Residential Recycling, Business Recycling, Multifamily Recycling, School Recycling, Event Recycling, Reuse Map, Environmental Education Resources). ☒ H. Demonstrate Program compliance and waste abatement metrics in mid-year and final reports that include information for all Base and Supplemental funded projects, as described in Reporting and Reimbursement below. ☒ J. Submit reimbursement requests by County deadlines with substantiating documentation, as described in Reporting and Reimbursement below. ☐ Other: Click or tap here to enter text. Diversion Potential (Measured Tons) NA Other Potential Outcomes (Optional) Staff have sufficient and appropriate knowledge to help guide residents and ensure best/most efficient practices are occurring. Activity Report: Jan-Jun • List training attended/memberships obtained • List updated permits and agreements • Provide links to website pages • Additional Information (optional) Activity Report: Jul-Dec • List training attended/memberships obtained • List updated permits and agreements • Provide links to website pages • Additional Information (optional) 2. Residential Communications Description of Expense Cost Basis Calculation Funding Request Jan-Jun Actual Jul-Dec Actual ROSEMOUNT Name: Violet Penman Title: SW&R Coord. # Hours: 51 x $45/hr. $2,295.00 Dakota County Contract #C0036022 Exhibit 2 - Page 4 of 20 VIII-04 5 | P a g e Staff: Salary to administer Grant Requirements for Base Funding #2 HASTINGS Name: Violet Penman Title: SW&R Coord. # Hours: 24 x $45/hr. $1,080.00 FARMINGTON Name: Violet Penman Title: SW&R Coord. # Hours: 51 x $45/hr. $2,295.00 ROSEMOUNT Article Expense: The four articles required throughout the year are printed in the Rosemount quarterly newsletter and mailed to each household in the city. $550.83/1 pages x 4 times/year = $2,203.33 (1 page for required article) $2,203.33 HASTINGS Article Expense: The four required articles are printed in the quarterly newsletter and mailed to each household in the city. $855.83/1 pages x 4 times/year = $3,423.33 (1 page for required article) $3,423.33 FARMINGTON Article Expense: The four articles required are printed in the Currents quarterly newsletter and mailed to each household in the city.. $550.83/1 pages x 4 times/year = $2,203.33 (1 page for required article, $2,203.33 Other: Funding Request Subtotal - - $13,499.99 Matching Funds ROSEMOUNT: Lee Stoffel, Communications staff time $50/hr. x 15 hrs. $750.00 HASTINGS: Dawn Skelly, Communications staff time $50/hr. x 15 hrs. $750.00 FARMINGTON: TBD, Communications staff time $50/hr. x 15 hrs. $750.00 Matching Funds Subtotal: $2,250.00 Description of Activity (Minimum Grant Requirements) ☒ A. Provide written waste abatement information to all residents of single-family and multifamily dwellings by including County standardized messaging articles and images in Municipality-mailed newsletters on each of the following topics, with full pages preferred as resources allow: 1. Home recycling; 2. Residential services at the Recycling Zone; 3. Residential organics drop-off site(s); and 4. Local reduce/reuse opportunities for residents (e.g., local donation and exchange options, County online Dakota County Reduce & Reuse Map, County Fix-It Clinics). ☒ B. Promote County staff-developed electronic media messages (e.g., website, social media, e-news) about solid waste and household hazardous waste management, including all priority waste abatement topics listed above using County messaging standards. ☒ C. Serve as a resource to residents on waste abatement-related inquiries (e.g., email, phone). ☒ D. Provide funding source credit on all print materials, written as: Partially funded by Dakota County and the Minnesota Pollution Control Agency. ☒ E. Submit written residential waste abatement information to County Liaison for review at least three business days before printing. ☐ Other: Click or tap here to enter text. Diversion Potential (Measured Tons) NA Dakota County Contract #C0036022 Exhibit 2 - Page 5 of 20 VIII-04 6 | P a g e Other Potential Outcomes (Optional) Residents will gain increased awareness of best solid waste and recycling practices, as well as what options are available to them in Dakota County. Activity Report: Jan-Jun • List mailed newsletter article topic, date mailed, and # households receiving mailer • List social media platforms used, which County messages were promoted, and when • Additional Information (optional) Activity Report: Jul-Dec • List mailed newsletter article topic, date mailed, and # households receiving mailer • List social media platforms used, which County messages were promoted, and when • Additional Information (optional) 3. Municipal Facilities/Parks Verification and Education Description of Expense Cost Basis Calculation Funding Request Jan-Jun Actual Jul-Dec Actual Staff: Salary to administer Grant Requirements for Base Funding #3 ROSEMOUNT: Name of Responsible Parks/Facilities Staff: Violet Penman Title: SW&R Coord. # Hours: 41 x $45/hr. $1,845.00 HASTINGS: Name of Responsible Parks/Facilities Staff: Violet Penman Title: SW&R Coord. # Hours: 47 x $45/hr. $2,115.00 FARMINGTON: Name of Responsible Parks/Facilities Staff: Violet Penman Title: SW&R Coord. # Hours: 37 x $45/hr. $1,665.00 Mileage ROSEMOUNT Mileage for 43 facilities visits 43 facilities x 2.5 miles/facility = 120 miles x .625 = $75.00 $75.00 HASTINGS Mileage for 46 facilities visits 46 facilities x 2.95 miles/facility = 136 miles x .625 = $85 $85.00 FARMINGTON Mileage for 34 facilities visits 34 facilities x 2.6 miles/facility = 88 miles x .625 = $55.00 $55.00 Education materials for employees Sent electronically $0 $0 Other: Funding Request Subtotal - - $5,840.00 Matching Funds ROSEMOUNT: Parks/facilities staff time for verification $50/hr. x 11 hrs. (0.25 hrs. for each facility) $550.00 HASTINGS: Parks/facilities staff time for verification $50/hr. x 12 hrs. (0.25 hrs. for each facility) $600.00 FARMINGTON: Parks/facilities staff time for verification $50/hr. x 9 hrs. (0.25 hrs. for each facility) $450.00 Matching Funds Subtotal: $1,600.00 Description of Activity (Minimum Grant Requirements) ☒ A. Ensure collected recyclables and organics generated at municipal facilities/parks are delivered to the respective licensed facility, or to another facility approved by the County Liaison. ☒ B. Provide monitoring and verification of best waste management practices at least once annually, by: 1. Visually inspecting waste management at all municipality-controlled facilities, including parks; and Dakota County Contract #C0036022 Exhibit 2 - Page 6 of 20 VIII-04 7 | P a g e 2. Reporting on status of compliance with Dakota County Ordinance 110 using the Municipal Recycling Tracking Tool or another tool provided by Dakota County, to verify recycling programs for facilities under the municipality’s control collect the Designated List of Recyclables wherever trash is collected and follow best waste management practices. ☒ C. Provide County standardized solid waste abatement messaging about recycling in municipal buildings, in print or electronic format to each municipal employee, volunteer, tenant, and custodial/housekeeping staff annually, and other people responsible for sorting, collecting, or transporting waste to external carts or dumpsters, within 30 days of a new hire or new tenant, and within 30 days of a substantive change to your recycling or waste program. Describe plan for employees: Employees will be educated via city-wide emails that include county messaging and county educational handouts. Describe plan for volunteers, tenants, and custodial staff: Custodial staff will be educated via emails that include county messaging and county educational handouts. ☐ Other: Click or tap here to enter text. Diversion Potential (Measured Tons) NA Other Potential Outcomes (Optional) Employees will be educated on how to recycle in the workplace and at home. Each city will set an example by exhibiting BMPs on its property. Activity Report: Jan-Jun • Describe how delivery to licensed facilities was ensured • Describe how monitoring and verification was done • Describe how municipal employees were educated, or attach education piece(s) used • Describe how volunteers, tenants, and custodial staff were educated, or attach education piece(s) used • Additional Information (optional) Activity Report: Jul-Dec • Describe how delivery to licensed facilities was ensured • Describe how monitoring and verification was done • Describe how municipal employees were educated, or attach education piece(s) used • Describe how volunteers, tenants, and custodial staff were educated, or attach education piece(s) used • Additional Information (optional) 4. Special Collections Description of Expense Cost Basis Calculation Funding Request Jan-Jun Actual Jul-Dec Actual Staff: Salary to administer Grant Requirements for Base Funding #4 ROSEMOUNT Name: Violet Penman Title: SW&R Coord. # Hours: 9 x $45/hr. $405.00 HASTINGS Name: Violet Penman Title: SW&R Coord. # Hours: 3 x $45/hr. $135.00 FARMINGTON Name: Violet Penman Title: SW&R Coord. # Hours: 0 x $45/hr. $0.00 Vendor services: Paper Shredding (Shred ‘N’ Go, Veteran Shredding, and/or Shred Right) ROSEMOUNT: May and September event 1 truck = $1,200 x 2 times/year $2,400.00 HASTINGS: May and September event 1 truck = $1,200 x 2 times/year $2,400.00 FARMINGTON: May and September event 1 truck = $1,200 x 2 times/year $2,400.00 Vendor services: Pumpkin composting (DSI, Tennis, or Highland) ROSEMOUNT: 2 roll-offs $450/dumpster x 2 $900.00 HASTINGS: 2 roll-offs $500/dumpster x 2 $1,000.00 FARMINGTON: 2 roll-offs $550/dumpster x 2 $1,100.00 ROSEMOUNT: One dumpster twice a year (Spring cleanup day: 3rd weekend in May, occurs at DCTC) and (Fall cleanup day: 1st weekend in October, occurs at $450/dumpster x 2 = $900 $3,400.00 Dakota County Contract #C0036022 Exhibit 2 - Page 7 of 20 VIII-04 8 | P a g e Vendor services: Mattress Collection (Certified Recycling) Erickson Park) ROSEMOUNT: City will also provide coupon to residents for reduced rate curbside pickup (will occur the month of September) $25 subsidy x 100 mattresses = $2,500 HASTINGS: City will provide coupon to residents for reduced rate curbside pickup (will occur the month of September) $25 subsidy x 150 mattresses = $3,750 $3,750.00 FARMINGTON: One dumpster twice a year. (Spring cleanup day occurs in May at the maintenance Facility) and (Fall cleanup day occurs in October at the Maintenance Facility) $550/dumpster x 2 = $1,100 $2,800.00 FARMINGTON: City will also provide coupon to residents for reduced rate curbside pickup (will occur the month of September) $25 subsidy x 68 mattresses = $1,700 Promotion expense See matching funds Other: ROSEMOUNT Bicycles for reuse and scrap metal recycling. Bikes in salvageable condition are taken by Rick Anderson’s Bike Sales; Rick and his team also try and repurpose bike parts such as seats and handlebars. Unsalvageable bikes are recycled as scrap metal). Both collection opportunities occur at the fall and spring cleanup days, which occur in May at DCTC and October at Erickson Park, respectively . $0 (staff planning expenses covered in gap funding) $0.00 UHL Gear Drive Dates and locations TBD pending collaboration with UHL staff $0 (staff planning expenses covered in gap funding) $0.00 Other: HASTINGS UHL Gear Drive Dates and locations TBD pending collaboration with UHL staff $0 (staff planning expenses covered in gap funding) $0.00 Other: FARMINGTON UHL Gear Drive Dates and locations TBD pending collaboration with UHL staff $0 (staff planning expenses covered in gap funding) $0.00 Anticipated Revenue - - $0.00 Funding Request Subtotal (Deduct Revenue) - - $20,690.00 Matching Funds: ROSEMOUNT Public Works Staff time labor (for fall and spring cleanup days) 9 staff x (6 hrs. x $40/hr.) = $2,700 x 2 times/yr. = $4,320 $4,338.40 CFL collection Permanent drop-off bin located in Community Center. SW&R Coord. services bin and takes to the RZ about twice per year. 16 miles x .575 = $9.20 (Mileage to RZ) Dakota County Contract #C0036022 Exhibit 2 - Page 8 of 20 VIII-04 9 | P a g e Holiday Light Collection Occurs Mid-November through the end of January. Drop-off bins available outside of the P&R Dept. and Steeple Center. 16 miles x .575 = $9.20 (Mileage to RZ) Matching Funds: HASTINGS CFL collection Permanent drop-off bin located in City Hall. SW&R Coord. services bin and takes to the RZ about twice per year. 36 miles x .575 = $20.70 (Mileage to RZ) $41.40 Holiday Light Collection Occurs Mid-November through the end of January. Drop-off bins available outside of the P&R Dept. 36 miles x .575 = $20.70 (Mileage to RZ) Matching Funds: FARMINGTON Public Works Staff time labor (for fall and spring cleanup days) 4 staff x (6 hrs. x $50/hr.) = $1,200 x 2 times/yr. = $2,400 $90,8694.90 Cardboard collection Permanent sites located behind City Hall and the Maintenance Facility, dumpsters serviced by DSI $7,371.70/month x 12 months = $88,460.40 CFL collection Permanent drop-off bin located in City Hall and Maintenance Facility. SW&R Coord. services bin and takes to the RZ about twice per year. 30 miles x .575 = $17.25 Holiday Light Collection Occurs Mid-November through the end of January. Drop-off bins available at municipal liquor stores. 30 miles x .575 = $17.25 Matching Funds Subtotal - - $95,274.70 Dakota County Contract #C0036022 Exhibit 2 - Page 9 of 20 VIII-04 10 | P a g e Description of Activity (Minimum Grant Requirements) ☒ A. Implement one or more drop-off events, discounts, curbside collections, permanent drop-off collection sites, or combination thereof to collect specific traditional and non-traditional solid waste materials from residents for reuse or recycling. ☒ B. Collect all of the following materials from residents for reuse or recycling or organics composting, with preference given to reuse: ☒ 1. Confidential paper for shredding ☒ 2. Mattresses and box springs ☒ 3. Pumpkins ☒ C. The following optional materials may also be collected from residents for reuse or recycling, with preference given to reuse (check all that apply): ☒ 1. Bicycles ☒ 2. Cardboard ☒ 3. CFLs ☐ 4. Furniture ☒ 5. Holiday Lights ☒ 6. Scrap Metal ☐ 7. Shoes ☒ 8. Athletic gear ☐ 9. Other materials as pre-approved by the County Liaison (e.g., carpet, textiles, film plastic/plastic bags). ☒ D. Obtain confirmation that collected materials are delivered to a reuse location or to a licensed recycling/organics facility, or to another facility approved by the County Liaison. ☒ E. Obtain and report weights for each material collected. ☒ F. Promote special collection opportunities to all single-family and multifamily residents using County messaging standards, telling residents how materials will be managed. ☒ G. Submit promotional communications to County Liaison for review at least three business days before publication. ☒ H. Coordinate collections with County liaison to prevent duplication of effort, conflicting messages, pricing conflicts, and competition for resident participation. ☒ I. Ensure special collection opportunities are conveniently located and scheduled, with an independent collection opportunity for each municipality having 1,000 households or more; a municipality with fewer than 1,000 households may coordinate with a neighboring municipality for co-collection. ☐ Other: Click or tap here to enter text. Diversion Potential (Measured Tons) (13 tons paper) + (12 tons mattresses) + (6 tons pumpkins) + (1.5 tons holiday lights) + (13 tons scrap metal) + (40 bicycles) = 45.5 tons Other Potential Outcomes (Optional) Educating and providing an outlet for the public on proper disposal of problem materials. Activity Report: Jan-Jun • List event name, date, city, location, material collected, name of vendor/hauler, and tons weighed or reported by vendor/hauler; include quantities (# pieces) if available • Describe how delivery to a reuse location or licensed facility was ensured • Describe how collection opportunities were promoted to all residents • Additional Information (optional) Activity Report: Jul-Dec • List event name, date, city, location, material collected, name of vendor/hauler, and tons weighed or reported by vendor/hauler; include quantities (# pieces) if available • Describe how delivery to a reuse location or licensed facility was ensured • Describe how collection opportunities were promoted to all residents • Additional Information (optional) BASE FUNDING SUMMARY Jan-Jun Report Jul-Dec Report Total Base Funding $67,029.99 Total Base Funding Matching Funds $111,124.70 Total Base Funding Diversion Potential (Tons) 45.5 tons Dakota County Contract #C0036022 Exhibit 2 - Page 10 of 20 VIII-04 11 | P a g e Total Base Funding Staff Hours 851 hours (+473 hours from matching funds) Part 2: Supplemental Funding (Optional) 5. Multifamily Recycling Description of Expense Cost Basis Calculation Funding Request Jan-Jun Actual Jul-Dec Actual Staff: Salary to administer Grant Requirements for Supplemental #5 ROSEMOUNT: Name: Violet Penman Title: SW&R Coord. # Hours: 144 x $45/hr. $6,480.00 HASTINGS Name: Violet Penman Title: SW&R Coord. # Hours: 147 x $45/hr. $6,615.00 FARMINGTON Name: Violet Penman Title: SW&R Coord. # Hours: 128 x $45/hr. $5,760.00 Other: ROSEMOUNT: Printing and mailing to apartment and townhome /condo HOA addresses 161 properties x $1.25/property $201.25 HASTINGS: Printing and mailing to apartment and townhome /condo HOA addresses 167 properties x $1.25/property $208.75 FARMINGTON: Printing and mailing to apartment and townhome /condo HOA addresses 129 properties x $1.25/property $161.25 Funding Request Subtotal - - $19,426.25 Matching Funds Matching Funds Subtotal - - $0.00 Description of Activity (Minimum Grant Requirements) A. Conduct all of the following activities: Dakota County Contract #C0036022 Exhibit 2 - Page 11 of 20 VIII-04 12 | P a g e ☒ 1. Take or maintain an inventory of all multifamily properties in the Municipality, create a list or directory, and provide a copy to Dakota County. ☒ 2. Coordinate with the County Liaison to develop new or strengthen multifamily points of contact (“touchpoints” such as business license renewals, rental license renewals, rental inspections, fire inspections, and property manager meetings), consistent with city codes and County Ordinance 110. Describe plan: Work with city staff such as the Fire Inspector, City Clerk, Code Enforcement, Building Official, etc. at each city to implement requirements related to County Ordinance 110. ☒ 3. Send a mailing to property managers and owners about recycling resources, in coordination with County staff. ☒ 4. Identify, strengthen, or both: municipal planning and construction procedures to support recycling and organics in new or remodeled buildings (e.g., internal chutes; adequate internal and external space). Describe plan: Meet with planning staff at each city to review, and possibly edit, current construction permits. ☒ 5. Work with County Liaison to identify and provide technical assistance to up to three multifamily properties enrolled in the Dakota County Multifamily Recycling Program to implement best waste management practices by: a. First attending technical assistance training provided by County Liaison; b. Promoting the program to engage new participants through strategic outreach. Describe plan: Work with county to learn current educational approaches and tailor to suit the needs of each city/property. Examples may include an educational night, door hangers, etc.. c. Providing on-site needs assessments to systematically evaluate and document opportunities to enhance recycling and waste prevention, and to meet best practices, using County materials; d. Using needs assessments to complete applications for the program in collaboration with property managers to request County-supplied containers, labels, signage, education materials, staff and resident education as needed, and other technical assistance; e. Implementing approved plans in coordination with property managers, haulers, County staff, and other partners; f. Providing targeted on-site employee and resident education about recycling and waste prevention, including the recycling system within the building, in partnership with the County Liaison, using County messaging standards; g. Providing ongoing support to sustain recycling efforts by contacting past program participants to offer additional education materials, staff and resident education as needed, and other technical assistance; h. Promoting reuse and bulky waste collection opportunities for multifamily tenants at move-in/move-out; i. Collaborating with the County Liaison for culturally specific needs such as translation and interpretation; j. Following all program protocols for outreach and technical assistance, best waste management practices, and education, using County messaging standards; and k. Tracking and reporting on outcomes for each participating property, using forms or tools provided by the County Liaison. ☐ Other: Click or tap here to enter text. Diversion Potential (Measured Tons) 0 Other Potential Outcomes (Optional) Increase awareness of waste options and requirements in Dakota County for multifamily properties. Activity Report: Jan-Jun • Attach updated multifamily inventory • Describe new or strengthened multifamily touchpoints • List mailings about resources and # property managers/owners receiving mailer • Describe activities related to planning and construction procedures • List outreach activities to promote the program (general outreach vs. specific properties) • Provide the # of multifamily buildings that were invited to participate in the program, # of multifamily buildings that received technical assistance or education, total # households/units served, and # residents that received in-person education • Additional Information (optional). Activity Report: Jul-Dec • Attach updated multifamily inventory • Describe new or strengthened multifamily touchpoints • List mailings about resources and # property managers/owners receiving mailer • Describe activities related to planning and construction procedures • List outreach activities to promote the program (general outreach vs. specific properties) • Provide the # of multifamily buildings that were invited to participate in the program, # of multifamily buildings that received technical assistance or education, total # households/units served, and # residents that received in-person education • Additional Information (optional). 6. Additional Special Collections and Reduce/Reuse Activities Description of Expense Cost Basis Calculation Funding Request Jan-Jun Actual Jul-Dec Actual Staff: Salary to administer Grant Requirements for Supplemental #6 ROSEMOUNT Name: Violet Penman Title: SW&R Coordinator # Hours: 4 x $45hr. $180.00 Dakota County Contract #C0036022 Exhibit 2 - Page 12 of 20 VIII-04 13 | P a g e HASTINGS Name: Violet Penman Title: SW&R Coordinator # Hours: 67 x $45/hr. $3,015.00 FARMINGTON Name: Violet Penman Title: SW&R Coordinator # Hours: 10 x $45/hr. $450.00 Other: ROSEMOUNT Funding for 75 additional mattress collection coupons $25 x 75 = $1,875 $3,375.00 Funding for r.cups at Food Truck Fest beer garden tent $1,500 Other: HASTINGS Funding for 25 additional mattress collection coupons $25 x 25 = $625 $625.00 Other: FARMINGTON Funding for 107 additional mattress collection coupons $25 x 107 = $2,675 $2,675.00 Funding Request Subtotal - - $10,320.00 Matching Funds: ROSEMOUNT Swap event supplies: Coat hanger rental for Halloween costume swap 3 sets (25/set) for 3 days = $33.33 $213.33 Room Rental (Community Center) for Halloween costume swap $160 Storage container for bags for reusable bag exchange Waterproof storage tote = $20 Matching Funds: HASTINGS Swap event supplies: Coat hanger rental for outdoor winter clothing swap 3 sets (25/set) for 3 days = $33.33 $213.33 Room rental (City Hall) for outdoor winter clothing swap $160 Storage container for bags for reusable bag exchange Waterproof storage tote = $20 Matching Funds: FARMINGTON Swap event supplies: Coat hanger rental for Graduation gown swap, prom attire swap, etc. (may change with additional research into current reuse businesses) 3 sets (25/set) for 3 days = $33.33 $213.33 Room rental (Rambling River Center) $160 Storage container for bags for reusable bag exchange Waterproof storage tote = $20 Matching Funds Subtotal: - - $579.99 Description of Activity (Minimum Grant Requirements) ☒ A. Provide biannual updates to the County’s online Dakota County Reduce & Reuse Map. ☒ B. Implement any of the following three activities (check all that apply): ☒ 1. Implement one or more additional Special Collection drop-off days, events, curbside collections, permanent drop-off collection sites, or combination thereof to collect specific (see Section 4C) traditional and non-traditional solid waste materials from residents for reuse (preferred) or recycling. ☒ 2. Coordinate with County Liaison to implement one or more residential reduce/reuse activities (check all that apply): ☒ a. Host residential swap events or city-wide garage sales. ☐ b. Provide staff support at County Fix-It Clinics. ☒ c. Implement a reusable bag exchange at specific location(s) (e.g., local store, farmer’s market, co-op). ☐ d. Host or facilitate a lending library for tools, lawn and gardening equipment, kitchenware, crafting, camping equipment, or other items as pre-approved by the County Liaison. ☐ e. Host residential reduce or reuse education classes (e.g., simple mending, how to downsize). ☐ f. Leverage existing residential activities to plan or start any of the following activities • Coordinate with realtors to promote reuse prior to home sales. Dakota County Contract #C0036022 Exhibit 2 - Page 13 of 20 VIII-04 14 | P a g e • Coordinate with a local repair business to host a repair event. • Other as approved by County Liaison. ☐ g. Facilitate changes to municipality codes, policies, and practices that are barriers to reuse (e.g., clothing drop box prohibitions, rental companies, and secondhand stores). ☐ h. Provide a bus for residents to participate in reduce/reuse activities (e.g., seniors). ☐ i. Other reduce/reuse activities as pre-approved by the County Liaison: Click or tap here to enter text. ☐ j. Prioritize reusable dishware (e.g., washable baskets, cups) in place of single-use products, by contracting with vendors that offer reusable products and services for events (e.g., washing on site or off site). Describe plans for activities in (2): Implement a swap event in at least one city (if successful, all three cities). Implement a reusable bag exchange in at least one city (if successful, all three cities). Pilot reusable r.cups at fall Food Truck Fest in Rosemount, which occurs in mid-September at Central Park. If successful, expand to other cities in future years. ☐ 3. Facilitate changes to internal policies and practices to promote reduce/reuse and recycling of municipal supplies and equipment through any of the following: ☐ a. Facilitate changes to increase recycled content in products purchased by the city (in accordance with Mn Stat 16C.073. ☐ b. Identify existing city policies and administrative practices for copy paper purchases in internal operations. ☐ c. Facilitate revisions to policies and practices to purchase at least 30% post-consumer recycled content copy paper. ☐ d. Attend Reuse Minnesota meetings. ☐ e. Other as approved by County Liaison. ☐ Other: Click or tap here to enter text. Diversion Potential (Measured Tons) 0.5 Other Potential Outcomes (Optional) Activity Report: Jan-Jun • Reduce and Reuse Map updates provided: Yes/No • List event name, date, city, location, material collected, name of vendor/hauler, tons and if available quantities (# pieces) • Describe reduce/reuse activity, date, city, location, material collected, name of vendor/hauler, number of items, waste prevention weights if available, and tracked number of people participating, if checked above • Describe changes to internal policies and practices, if checked above • Additional information (optional) Activity Report: Jul-Dec • Reduce and Reuse Map updates provided: Yes/No • List event name, date, city, location, material collected, name of vendor/hauler, tons and if available quantities (# pieces) • Describe reduce/reuse activity, date, city, location, material collected, name of vendor/hauler, number of items, waste prevention weights if available, and tracked number of people participating, if checked above • Describe changes to internal policies and practices, if checked above • Additional information (optional) 7. In-Person Education* Description of Expense Cost Basis Calculation Funding Request Jan-Jun Actual Jul-Dec Actual Staff: Salary to administer Grant Requirements for Supplemental #7 ROSEMOUNT Name: Violet Penman Title: SW&R Coord. # Hours: 16 x $45/hr. $720.00 HASTINGS Name: Violet Penman Title: SW&R Coord. # Hours: 17 x $45/hr. $765.00 FARMINGTON Name: Violet Penman Title: SW&R Coord. # Hours: 8 x $45/hr. $360.00 Printing/copying Event/booth fees: ROSEMOUNT Leprechaun Days booth with educational game/activity $0 National Night Out Booth $0 Rosemount Expo Booth $0 Dakota County Contract #C0036022 Exhibit 2 - Page 14 of 20 VIII-04 15 | P a g e America Recycles education days with local 4th graders in May Rachael Rocks (or other presenter) @ $400/session x 3 sessions = $1,200 + $300 travel fees $1,500.00 Event/booth fees: HASTINGS Rivertown Days booth with educational game/activity $0 National Night Out Booth $0 America Recycles education days with local 4th graders in May Rachael Rocks (or other presenter) @ $400/session x 3 sessions = $1,200 + $300 travel fees $1,500.00 Event/booth fees: FARMINGTON Dew Days booth with educational game/activity $0 National Night Out Booth $0 Farmington Expo Booth $0 America Recycles education days with local 4th graders in November Rachael Rocks (or other presenter) @ $400/session x 4 sessions = $1,600 $1,600.00 Funding Request Subtotal - - $6,445.00 Matching Funds: ROSEMOUNT Acrylic sign holders- vertical $33.34 $566.68 Acrylic Sign holders- horizontal $33.34 Parks & Rec staff under Lisa Maurer (supporting activities for America Recycles education) 10 hrs. x $50/hr. = $500 Matching Funds: HASTINGS Acrylic sign holders- vertical $33.34 $566.68 Acrylic Sign holders- horizontal $33.34 Parks & Rec staff time under Paige MB (supporting activities for America Recycles education) 10 hrs. x $50/hr. = $500 Matching Funds: FARMINGTON Acrylic sign holders- vertical $33.34 $1,466.68 Acrylic Sign holders- horizontal $33.34 Additional presentation to account for 5 elementary schools $400 Parks & Rec staff time under Kellee Omlid (supporting activities for America Recycles education) 10 hrs. x $50/hr. = $500 Matching Funds Subtotal - - $2,600.04 Dakota County Contract #C0036022 Exhibit 2 - Page 15 of 20 VIII-04 16 | P a g e Description of Activity (Minimum Grant Requirements) ☒ A. Provide in-person waste abatement education for adults and youth through face-to-face interactions during presentations or at booths, events, or gatherings to educate 1% or more of the Municipality’s population through a direct learning experience, on the following topics: 1. Home recycling (required) 2. Residential organics drop site(s) (optional) 3. Residential services at the Recycling Zone (optional) 4. Local reduce/reuse opportunities for residents (e.g., classes on donation/decluttering, mending/sewing) (optional) Describe plan, including event name, city, location, date, and number/range of people to educate: Rosemount Leprechaun Days are held the last fell week of July and takes place in Central Park, estimated 200 people to educate. Hastings Rivertown Days take place the second full week of July and take place in Levee Park, estimated 400 people to educate. Dew Days takes place the last full week of June and take place throughout the city, estimated 200 people to educate. America Recycles education will take place with 4th grade students in November and May. Staff will visit each elementary school in each city to teach students about recycling, organics, and waste reduction/reuse. Estimated 1,000 students to educate. ☒ B. Use County materials for promotional and distribution handouts. ☒ C. Review display and education materials with County liaison in advance of in-person education. ☐ D. If conducting online education, provide a live format with interactive opportunities (i.e., no pre-recorded videos). ☒ E. Use messaging standards on County website for verbal education or have County Liaison review messaging. ☒ F. Coordinate with County Liaison for any education requests in schools, businesses, and multifamily residences. ☐ G. Track and report on outcomes using County forms, on an annual basis or more often as requested, including monitoring presentation attendance (e.g., sign-in sheet or head count), online webinar attendance (e.g., number of people who log on), booth interactions (e.g., clicker or tally sheet), and game interactions (e.g., clicker or tally sheet). ☐ Other: Click or tap here to enter text. Diversion Potential (Measured Tons) 0 Other Potential Outcomes (Optional) The community, particularly students, are educated about waste, including what to do with certain items and best waste management practices. Activity Report: Jan-Jun • List event name, date, city, location, and tracked number of people educated • Describe coordination with County on school/business/multifamily education, if applicable • Additional information (optional) Activity Report: Jul-Dec • List event name, date, city, location, and tracked number of people educated • Describe coordination with County on school/business/multifamily education, if applicable • Additional information (optional) 8. Event Recycling and Organics Collection* Description of Expense Cost Basis Calculation Funding Request Jan-Jun Actual Jul-Dec Actual Staff: Salary to administer Grant Requirements for Supplemental #8 ROSEMOUNT Name: Violet Penman Title: SW&R Coord. # Hours: 9 hrs. x $45/hr. 405.00 HASTINGS Name: Violet Penman Title: SW&R Coord. # Hours: 24 hrs. x $45/hr. $1,080.00 FARMINGTON Name: Violet Penman Title: SW&R Coord. # Hours: 3 hrs. x $45/hr. $135.00 Recycling services: ROSEMOUNT Leprechaun Days recycling dumpster Dumpster = $600 x 2 = $1,200 $1,800.00 Food Truck Fest recycling dumpster Dumpster = $600 Recycling services: HASTINGS Rivertown Days organics dumpster for back of house collection of food scraps Dumpster = $600 x 2 = $1,200 $1,200.00 Recycling services: FARMINGTON Dew Days recycling dumpster Dumpster = $600 x 2 = $1,200 $1,800.00 Food Truck Fest recycling dumpster Dumpster = $600 Other: Funding Request Subtotal - - $6,420.00 Dakota County Contract #C0036022 Exhibit 2 - Page 16 of 20 VIII-04 17 | P a g e Matching Funds: ROSEMOUNT Leprechaun Days organics dumpster for back of house collection of food scraps $1,200 $1,800.00 Food Truck Fest organics dumpster for back of house collection of food scraps $600 Matching Funds: HASTINGS Rivertown Days PW staff 60 hrs. x $50/hr. $3,000.00 Matching Funds: FARMINGTON Dew Days organics dumpster for back of house collection of food scraps $1,200 $1,800.00 Food Truck Fest organics dumpster for back of house collection of food scraps $600 Matching Funds Subtotal - - $9,600.00 Combined Subtotal for #7 and #8* $12,865.00 Description of Activity (Minimum Grant Requirements) ☒ A. Implement recycling, back-of house organics collection, or both, at events. 1. Contact and assist event coordinators to plan and implement recycling collection, back-of-house organics collection, or both. 2. Assist with obtaining temporary containers, proper bags, signage, hauler services for collection, and as appropriate, recruit waste station staffing. 3. Assist with applying best waste management practices for standardized messaging to vendors, volunteers, and custodial staff; labeled and an appropriate number of co-located recycling and trash containers in strategic locations to prevent overflow; and delivery to a licensed/permitted facility. 4. For recyclables collection, prioritize events on public property that generate at least one ton (8cy) of trash (e.g., community events, athletic tournaments, fairs, markets, concerts, etc.). 5. For organics collection, prioritize events of at least 300 people that generate back-of-house organics and at least one ton (8 cy) of trash. 6. Obtain confirmation that collected materials are delivered to a licensed or otherwise approved recycling/organics facility if grant funds are being used for hauling services at city events. Describe plans for activities in (a): event/tournament names, dates, cities, locations, and potential tons generated (see A4-A5): ROSEMOUNT: Leprechaun Days takes place the last full week of July in Central Park; estimated 1 ton of waste generated. Food Truck Fest takes place in mid-September in Central Park; estimated 0.5 tons of waste generated. HASTINGS: Rivertown Days takes place in mid-July in Levee Park; estimated 1 ton of waste generated. Other large food event to be determined; estimated 0.5 tons of waste generated. FARMINGTON: Dew Days takes place the last weekend in June throughout the city; estimated 1 ton of waste generated. Food Truck Fest takes place at Stelzel Fields; estimated 0.5 tons of waste generated. ☐ Other: Click or tap here to enter text. Diversion Potential (Tons) 4.5 tons Other Potential Outcomes (Optional) Provides an opportunity for residents to recycle at events. Activity Report: Jan-Jun • List event/tournament name, date, city, location, weights if available, and tracked number of people participating • Describe assistance provided for equipment, hauler service, staffing, and BMPs • Describe how delivery to a reuse location or licensed facility was ensured • Additional information (optional) Activity Report: Jul-Dec • List event/tournament name, date, city, location, weights if available, and tracked number of people participating • Describe assistance provided for equipment, hauler service, staffing, and BMPs • Describe how delivery to a reuse location or licensed facility was ensured • Additional information (optional) *Supplemental Funding categories #7 and #8 share one funding allocation; combined subtotals may not exceed maximum fund eligibility. 9. Gap Funding Description of Expense Cost Basis Calculation Funding Request Jan-Jun Actual Jul-Dec Actual Dakota County Contract #C0036022 Exhibit 2 - Page 17 of 20 VIII-04 18 | P a g e Staff: Salary to administer Grant Requirements for Section 6, Additional Special Collections & Reduce/Reuse ROSEMOUNT Name: Violet Penman Title: SW&R Coord. # Hours: 8 hrs. x $45/hr. $360.00 HASTINGS Name: Violet Penman Title: SW&R Coord. # Hours: 11 hrs. x $45/hr. $495.00 Staff: Salary to administer Grant Requirements for Section 4, Special Collections ROSEMOUNT Name: Violet Penman Title: SW&R Coord. # Hours: 43 hrs. x $45/hr. $1,935.00 HASTINGS Name: Violet Penman Title: SW&R Coord. # Hours: 25 hrs. x $45/hr. $1,125.00 FARMINGTON Name: Violet Penman Title: SW&R Coord. # Hours: 20 hrs. x $45/hr. $900.00 Staff: Salary to administer Grant Requirements for Section 7, In-Person Education HASTINGS Name: Violet Penman Title: SW&R Coord. # Hours: 16 hrs. x $45/hr. $720.00 FARMINGTON Name: Violet Penman Title: SW&R Coord. # Hours: 25 hrs. x $45/hr. $1,125.00 Funding Request Subtotal - - $6,660.00 Matching Funds Description of Activity (Minimum Grant Requirements) ☒ A. Complete, or make progress toward completing, one or more waste abatement projects included in eligible grant categories above, for which additional funding is needed, with first priority given to filling funding gaps in Base Funding categories, and second priority given to filling gaps in Supplemental Funding categories.). Describe plan: Salary for additional staff hours to administer grant requirements in Sections 4, 6, and 7 ☐ Other: Click or tap here to enter text. Diversion Potential (Measured Tons) See section 4, 6, and 7 Other Potential Outcomes (Optional) Activity Report: Jan-Jun • Describe activities conducted, using metrics included in categories above Activity Report: Jul-Dec • Describe activities conducted, using metrics included in categories above SUPPLEMENTAL FUNDING SUMMARY Jan-Jun Report Jul-Dec Report Total Supplemental Funding Request $49,271.25 Total Supplemental Matching Funds $12,780.03 Total Supplemental Diversion Potential (Tons) 5 tons Total Supplemental Funding Staff Hours 725 hours (+90 hours from matching funds) APPLICATION SUMMARY Jan-Jun Report Jul-Dec Report Total Base and Supplemental Funding Request (Combined) $116,301.24 Dakota County Contract #C0036022 Exhibit 2 - Page 18 of 20 VIII-04 19 | P a g e Total Base and Supplemental Matching Funds (Combined) $123,904.73 Total Base and Supplemental Diversion Potential (Combined) 50.5 tons Total Base and Supplemental Funding Staff Hours (Combined) 1,576 hours (+563 hours from matching funds) C. Application Signature I, the undersigned authorized representative and contract signatory, certify that this application was prepared under my direction or supervision, and that the information is true, accurate, and complete to the best of my knowledge. I certify that all activities proposed in this Application will be implemented as planned and support Dakota County waste abatement activities. I certify that a mid-year report will be submitted to Dakota County by July 15, 2023, and a final report will be submitted to Dakota County by January 15, 2024, to demonstrate compliance with this application. Authorized Representative (Contract Signatory): Dan Schultz Title: Parks & Rec. Director Signature (electronic signature acceptable): Dan Schultz Date: 10/17/2022 Dakota County Contract #C0036022 Exhibit 2 - Page 19 of 20 VIII-04 20 | P a g e D.Reporting and Reimbursement Sign below and submit to Dakota County for approval. Email to: gena.gerard@co.dakota.mn.us. Report and Reimbursement Request for January 1, 2023 – June 30, 2023* Due: July 15, 2023 I, the undersigned, certify that this report was prepared under my direction or supervision, and that the information is true, accurate, and complete to the best of my knowledge. Authorized Representative (Contract Signatory): Title: Signature (electronic signature acceptable): Date: Total Reimbursement Request: Report and Reimbursement Request for July 1, 2023 – December 31, 2023* Due: January 15, 2024 I, the undersigned, certify that this report was prepared under my direction or supervision, and that the information is true, accurate, and complete to the best of my knowledge. Authorized Representative (Contract Signatory): Title: Signature (electronic signature acceptable): Date: Total Reimbursement Request: *Attach documentation for all expenses as described in Dakota County Community Waste Abatement Grant Program 2023 Guidelines. Dakota County Contract #C0036022 Exhibit 2 - Page 20 of 20 VIII-04 INSURANCE TERMS Contractor agrees to provide and maintain at all times during the term of this Contract such insurance coverages as are indicated herein and to otherwise comply with the provisions that follow. Such policy(ies) of insurance shall apply to the extent of, but not as a limitation upon or in satisfaction of, the Contract indemnity provisions. The provisions of this section shall also apply to all Subcontractors, Sub-subcontractors, and Independent Contractors engaged by Contractor with respect to this Contract, and Contractor shall be entirely responsible for securing the compliance of all such persons or parties with these provisions. APPLICABLE SECTIONS ARE CHECKED 1.Workers Compensation. Workers' Compensation insurance in compliance with all applicable statutes including an All States or Universal Endorsement where applicable. Such policy shall include Employer's Liability coverage in an amount no less than $500,000. If Contractor is not required by Statute to carry Workers’ Compensation Insurance, Contractor agrees: (1) to provide County with evidence documenting the specific provision under Minn. Stat. § 176.041 which excludes Contractor from the requirement of obtaining Workers’ Compensation Insurance; (2) to provide prior notice to County of any change in Contractor’s exemption status under Minn. Stat. § 176.041; and (3) to hold harmless and indemnify County from and against any and all claims and losses brought by Contractor or any subcontractor or other person claiming through Contractor for Workers’ Compensation or Employers’ Liability benefits for damages arising out of any injury or illness resulting from performance of work under this Contract. If any such change requires Contractor to obtain Workers’ Compensation Insurance, Contractor agrees to promptly provide County with evidence of such insurance coverage. 2.General Liability. "Commercial General Liability Insurance" coverage (Insurance Services Office form title), providing coverage on an "occurrence" rather than on a "claims made" basis, which policy shall include, but not be limited to, coverage for Bodily Injury, Property Damage, Personal Injury, Contractual Liability (applying to this Contract), Independent Contractors, "XC&U" and Products-Completed Operations liability (if applicable). Such coverage may be provided under an equivalent policy form (or forms), so long as such equivalent form (or forms) affords coverage which is at least as broad. An Insurance Services Office "Comprehensive General Liability" policy which includes a Broad Form Endorsement GL 0404 (Insurance Services Office designation) shall be considered to be an acceptable equivalent policy form. Contractor agrees to maintain at all times during the period of this Contract a total combined general liability policy limit of at least $1,500,000 per occurrence and aggregate, applying to liability for Bodily Injury, Personal Injury, and Property Damage, which total limit may be satisfied by the limit afforded under its Commercial General Liability policy, or equivalent policy, or by such policy in combination with the limits afforded by an Umbrella or Excess Liability policy (or policies); provided, that the coverage afforded under any such Umbrella or Excess Liability policy is at least as broad as that afforded by the underlying Commercial General Liability policy (or equivalent underlying policy). Such Commercial General Liability policy and Umbrella or Excess Liability policy (or policies) may provide aggregate limits for some or all of the coverages afforded thereunder, so long as such aggregate limits have not, as of the beginning of the term or at any time during the term, been reduced to less than the total required limits stated above, and further, that the Umbrella or Excess Liability policy provides coverage from the point that such aggregate limits in the underlying Commercial General Liability policy become reduced or exhausted. An Umbrella or Excess Liability policy which "drops down" to respond immediately over reduced underlying limits, or in place of exhausted underlying limits, but subject to a deductible or "retention" amount, shall be acceptable in this regard so long as such deductible or retention for each occurrence does not exceed the amount shown in the provision below. Contractor's liability insurance coverage may be subject to a deductible, "retention" or "participation" (or other similar provision) requiring the Contractor to remain responsible for a stated amount or percentage of each covered loss; provided, that such deductible, retention or participation amount shall not exceed $25,000 each occurrence. Such policy(ies) shall name Dakota County, its officers, employees and agents as Additional Insureds thereunder. 3.Professional Liability. Professional Liability (errors and omissions) insurance with respect to its professional activities to be performed under this Contract. This amount of insurance shall be at least $1,500,000 per occurrence and aggregate (if applicable). Coverage under such policy may be subject to a deductible, not to exceed $25,000 per occurrence. Contractor agrees to maintain such insurance for at least one (1) year from Contract termination. It is understood that such Professional Liability insurance may be provided on a claims-made basis, and, in such case, that changes in insurers or insurance policy forms could result in the impairment of the liability insurance protection intended for Dakota County hereunder. Contractor therefore agrees that it will not seek or voluntarily accept any such change in its Professional Liability insurance coverage if such impairment of Dakota County's protection could result; and further, that it will exercise its rights under any "Extended Reporting Period" ("tail coverage") or similar policy option if necessary or appropriate to avoid impairment of Dakota County's protection. Contractor further agrees that it will, throughout the one (1) year period of required coverage, immediately: (a) advise Dakota County of any intended or pending change of any Professional Liability insurers or policy forms, and provide Dakota County with all pertinent information that Dakota County may reasonably request to determine compliance with this section; and (b) immediately advise Dakota County of any claims or threats of claims that might reasonably be expected to reduce the amount of such insurance remaining available for the protection of Dakota County. Dakota County Contract #C0036022 Exhibit 3 - Page 1 of 2 VIII-04 4. Automobile Liability. Business Automobile Liability insurance covering liability for Bodily Injury and Property Damage arising out of the ownership, use, maintenance, or operation of all owned, non-owned and hired automobiles and other motor vehicles utilized by Contractor in connection with its performance under this Contract. Such policy shall provide total liability limits for combined Bodily Injury and/or Property Damage in the amount of at least $1,500,000 per accident, which total limits may be satisfied by the limits afforded under such policy, or by such policy in combination with the limits afforded by an Umbrella or Excess Liability policy(ies); provided, that the coverage afforded under any such Umbrella or Excess Liability policy(ies) shall be at least as broad with respect to such Business Automobile Liability insurance as that afforded by the underlying policy. Unless included within the scope of Contractor's Commercial General Liability policy, such Business Automobile Liability policy shall also include coverage for motor vehicle liability assumed under this contract. Such policy, and, if applicable, such Umbrella or Excess Liability policy(ies), shall include Dakota County, its officers, employees and agents as Additional Insureds thereunder. 5. Additional Insurance. Dakota County shall, at any time during the period of the Contract, have the right to require that Contractor secure any additional insurance, or additional feature to existing insurance, as Dakota County may reasonably require for the protection of their interests or those of the public. In such event Contractor shall proceed with due diligence to make every good faith effort to promptly comply with such additional requirement(s). 6. Evidence of Insurance. Contractor shall promptly provide Dakota County with evidence that the insurance coverage required hereunder is in full force and effect prior to commencement of any work. At least 10 days prior to termination of any such coverage, Contractor shall provide Dakota County with evidence that such coverage will be renewed or replaced upon termination with insurance that complies with these provisions. Such evidence of insurance shall be in the form of the Dakota County Certificate of Insurance, or in such other form as Dakota County may reasonably request, and shall contain sufficient information to allow Dakota County to determine whether there is compliance with these provisions. At the request of Dakota County, Contractor shall, in addition to providing such evidence of insurance, promptly furnish Contract Manager with a complete (and if so required, insurer- certified) copy of each insurance policy intended to provide coverage required hereunder. All such policies shall be endorsed to require that the insurer provide at least 30 days’ notice to Dakota County prior to the effective date of policy cancellation, nonrenewal, or material adverse change in coverage terms. On the Certificate of Insurance, Contractor's insurance agency shall certify that he/she has Error and Omissions coverage. 7. Insurer: Policies. All policies of insurance required under this paragraph shall be issued by financially responsible insurers licensed to do business in the State of Minnesota, and all such insurers must be acceptable to Dakota County. Such acceptance by Dakota County shall not be unreasonably withheld or delayed. An insurer with a current A.M. Best Company rating of at least A:VII shall be conclusively deemed to be acceptable. In all other instances, Dakota County shall have 15 business days from the date of receipt of Contractor's evidence of insurance to advise Contractor in writing of any insurer that is not acceptable to Dakota County. If Dakota County does not respond in writing within such 15 day period, Contractor's insurer(s) shall be deemed to be acceptable to Dakota County. 8. Noncompliance. In the event of the failure of Contractor to maintain such insurance and/or to furnish satisfactory evidence thereof as required herein, Dakota County shall have the right to purchase such insurance on behalf of Contractor, which agrees to provide all necessary and appropriate information therefor and to pay the cost thereof to Dakota County immediately upon presentation of invoice. 9. Loss Information. At the request of Dakota County, Contractor shall promptly furnish loss information concerning all liability claims brought against Contractor (or any other insured under Contractor's required policies), that may affect the amount of liability insurance available for the benefit and protection of Dakota County under this section. Such loss information shall include such specifics and be in such form as Dakota County may reasonably require. 10. Release and Waiver. Contractor agrees to rely entirely upon its own property insurance for recovery with respect to any damage, loss or injury to the property interests of Contractor. Contractor hereby releases Dakota County, its officers, employees, agents, and others acting on their behalf, from all claims, and all liability or responsibility to Contractor, and to anyone claiming through or under Contractor, by way of subrogation or otherwise, for any loss of or damage to Contractor's business or property caused by fire or other peril or event, even if such fire or other peril or event was caused in whole or in part by the negligence or other act or omission of Dakota County or other party who is to be released by the terms hereof, or by anyone for whom such party may be responsible. Contractor agrees to effect such revision of any property insurance policy as may be necessary in order to permit the release and waiver of subrogation agreed to herein. Contractor shall, upon the request of Dakota County, promptly provide a Certificate of Insurance, or other form of evidence as may be reasonably requested by Dakota County, evidencing that the full waiver of subrogation privilege contemplated by this provision is present; and/or, if so requested by Dakota County, Contractor shall provide a full and complete copy of the pertinent property insurance policy(ies). K/CM/Exh/Insure-No-Prof-Liability-CM.doc Revised: 10/07 Dakota County Contract #C0036022 Exhibit 3 - Page 2 of 2 VIII-04 City Council Memorandum To: Mayor Fasbender and City Council From: John Hinzman, Community Development Director Date: November 7, 2022 Item: Authorize Signature: Agreement for Professional Services - Guardian Inspections Council Action Requested: Authorize signature of the attached agreement between the City of Hastings and Guardian Inspections, Inc. to provide supplemental plan review services for the Building Department. A simple majority is necessary for action. Background Information: The Guardian Inspection agreement is submitted in conjunction with a similar agreement from Stensland Inspections. Guardian would provide plan review services only while Stensland would provide both plan review and inspection services. Both contracts are for one year and shall be automatically extended unless terminated. Staff seeks approval of both contracts to create a pool to better ensure the ability to provide services and may consider execution of similar contracts in the future. The Building Department is experiencing a substantial increase in the number of building permits leading to additional hours worked by staff. The additional volume has lead to some employees exceeding their cap on accrual of compensatory time. Contracting for additional assistance will better balance the load to ensure timely review and inspection services. Financial Impact: Building permit revenue would offset the cost of services. Guardian would receive 50 percent of the total plan review fee collected for each project reviewed. Advisory Commission Discussion: N\A Attachments: • Agreement for Professional Services VIII-05 1 AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT (“Agreement”) is made and executed this _____day of ____________, 2022, by and between the City of Hastings, 101 4th Street East, Hastings, Minnesota, 55033, (“City”) and Guardian Inspections, Inc., 30 Queensland Lane North, Plymouth, Minnesota, 55447 (“Consultant”). WHEREAS, the City has accepted the proposal of the Consultant for certain professional Services; and WHEREAS, Consultant desires to perform the Services for the City under the terms and conditions set forth in this Agreement. NOW THEREFORE, in consideration of the mutual consideration contained herein, it is hereby agreed as follows: 1. SERVICES. a. City agrees to engage Consultant as an independent contractor for the purpose of performing certain professional Services (“Services”), as defined as follows: i. Plan Review: All services will be rendered under the strict guidance of Minnesota Statutes, Ch. 326B and Minnesota Rules, Ch. 1300, including but not limited to: building plan review for any type of projects in order to ensure compliance with all chapters of Minnesota State Building and any other applicable regulations. b. Consultant covenants and agrees to provide Services to the satisfaction of the City in a timely fashion, subject to Section 7 of this Agreement. c. The Consultant will establish a regular communication process with the Building Official in order to communicate on issues and discuss timing for Consultant to provide and complete the Services under this Agreement. d. Consultant agrees to comply with all federal, state and local laws and ordinances applicable to the Services to be performed under this Agreement. Consultant represents and warrants that it has the requisite training, skills, and experience necessary to provide the Services and is appropriately licensed and has obtained all permits from all applicable agencies and governmental entities. 2. PAYMENT. a. City agrees to pay and Consultant agrees to receive and accept payment for Services as provided under this Agreement as follows: fifty percent (50%) of the City’s total plan review fee for permitting, on each project reviewed by Consultant. VIII-05 2 b. Any changes in the scope of the work of the Services that may result in an increase to the compensation due the Consultant shall require prior written approval by the authorized representative of the City or by the City Council. The City will not pay additional compensation for Services that do not have prior written authorization. c. Consultant shall submit itemized bills for Services provided to City on a monthly basis. Bills submitted shall be paid in the same manner as other claims made to City. 3. TERM. The term of this Agreement shall commence on the date written in the initial paragraph of this Agreement and shall continue for one year from the date of commencement. This Agreement will automatically be extended for additional one-year terms, upon the same terms and conditions as herein stated, unless terminated pursuant to Section 4. 4. TERMINATION. a. Termination by Either Party. This Agreement may be terminated by either party upon 30 days’ written notice delivered to the other party to the addresses listed in Section 13 of this Agreement. Upon termination under this provision, if there is no default by the Consultant, Consultant shall be paid for Services rendered and any reimbursable expenses until the effective date of termination. b. Termination Due to Default. This Agreement may be terminated by either party upon written notice in the event of substantial failure by the other party to perform in accordance with the terms of this Agreement. The non-performing party shall have fifteen (15) calendar days from the date of the termination notice to cure or to submit a plan for cure that is acceptable to the other party. c. Upon termination of this Agreement, Consultant shall furnish to the City copies or duplicate originals of all documents or memorandum prepared for the City pursuant to this Agreement and not previously furnished. 5. SUBCONTRACTORS. Consultant shall not enter into subcontracts for any of the Services provided for in this Agreement without the express written consent of the City. The Consultant shall pay any subcontractor involved in the performance of this Agreement within the ten (10) days of the Consultant’s receipt of payment by the City for undisputed services provided by the subcontractor. 6. STANDARD OF CARE. In performing its Services, Consultant will use that degree of care and skill ordinarily exercised, under similar circumstances, by reputable members of its profession in the same locality at the time the Services are provided. No warranty, express or implied, is made or intended by Consultant’s undertaking herein or its performance of Services. VIII-05 3 7. DELAY IN PERFORMANCE. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the nonperforming party. For purposes of this Agreement, such circumstances include, but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war, riots, and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage; judicial restraint; and inability to procure permits, licenses or authorizations from any local, state, or federal agency for any of the supplies, materials, accesses, or services required to be provided by either City or Consultant under this Agreement. If such circumstances occur, the nonperforming party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Consultant will be entitled to payment for its reasonable additional charges, if any, due to the delay. 8. CITY’S REPRESENTATIVE. The City has designated Building Official Travis Dunn to act as the City’s representative with respect to the Services to be performed under this Agreement. He shall have complete authority to transmit instructions, receive information, interpret, and define the City’s policy and decisions with respect to the Services covered by this Agreement. 9. PROJECT MANAGER AND STAFFING. The Consultant has designated Mike Bunnell to be the primary contact for the City in the performance of the Services. He shall be assisted by other staff members as necessary to facilitate the completion of the Services in accordance with the terms established herein. Consultant may not remove or replace the designated staff without the approval of the City. 10. INDEMNIFICATION. a. Consultant and City each agree to indemnify, and hold harmless each other, its agents and employees, from and against legal liability for all claims, losses, damages, and expenses to the extent such claims, losses, damages, or expenses are caused by its negligent acts, errors, or omissions. In the event claims, losses, damages, or expenses are caused by the joint or concurrent negligence of Consultant and City, they shall be borne by each party in proportion to its own negligence. b. Consultant shall indemnify City against legal liability for damages arising out of claims by Consultant’s employees. City shall indemnify Consultant against legal liability for damages arising out of claims by City’s employees. 11. INSURANCE. During the performance of the Services under this Agreement, Consultant shall maintain the following insurance: a. Professional Liability Insurance, with a limit of $2,000,000 for any number of claims arising out of a single occurrence. VIII-05 4 Consultant shall furnish the City with certificates of insurance, which shall include a provision that such insurance shall not be canceled without written notice to the City. The City shall be named as an additional insured on the Professional Liability Insurance policy. 12. OWNERSHIP OF DOCUMENTS. Professional documents, drawings, and specifications prepared by the Consultant as part of the Services shall become the property of the City when Consultant has been compensated for all Services rendered, provided, however, that Consultant shall have the unrestricted right to their use. Consultant shall retain its rights in its standard drawing details, specifications, databases, computer software, and other proprietary property. Rights to proprietary intellectual property developed, utilized, or modified in the performance of the Services shall remain the property of the Consultant. 13. NOTICES. Notices shall be communicated to the following addresses: If to City: City of Hastings 101 4th Street East Hastings, Minnesota, 55033 Attention: City Administrator Or e-mailed: dwietecha@hastingsmn.gov If to Consultant: Guardian Inspections, Inc. 30 Queensland Lane North Plymouth, Minnesota 55447 Attention: Mike Bunnell Or emailed: 14. INDEPENDENT CONTRACTOR STATUS. All services provided by Consultant, its officers, agents and employees pursuant to this Agreement shall be provided as employees of Consultant or as independent contractors of Consultant and not as employees of the City for any purpose. 15. GENERAL PROVISIONS. a. Assignment. This Agreement is not assignable without the mutual written agreement of the parties. b. Waiver. A waiver by either City or Consultant of any breach of this Agreement shall be in writing. Such a waiver shall not affect the waiving party’s rights with respect to any other or further breach. VIII-05 5 c. Governing Law. This Agreement shall be construed in accordance with the laws of the State of Minnesota and any action must be venued in Dakota County District Court. d. Severability. If any term of this Agreement is found be void or invalid, such invalidity shall not affect the remaining terms of this Agreement, which shall continue in full force and effect. e. Data Practices Compliance. All data collected by the City pursuant to this Agreement shall be subject to the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13. f. Entire Agreement. This Agreement constitutes the entire agreement of the parties and supersedes all prior communications, understandings and agreements relating to the subject matter hereof, whether oral or written. g. Nondiscrimination. The parties agree to comply with all applicable federal and state laws, rules, regulations, and executive orders with regarding to unlawful discrimination on account of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability or age. [THE REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] VIII-05 6 CITY OF HASTINGS By: Mary Fasbender, Mayor By: Kelly Murtaugh, City Clerk Date: VIII-05 7 GUARDIAN INSPECTIONS, INC. By: Mike Burnell Its: Date: VIII-05 City Council Memorandum To: Mayor Fasbender and City Council From: John Hinzman, Community Development Director Date: November 7, 2022 Item: Authorize Signature: Agreement for Professional Services - Stensland Inspections Council Action Requested: Authorize signature of the attached agreement between the City of Hastings and Stensland Inspections to provide supplemental plan review and inspection services for the Building Department. A simple majority is necessary for action. Background Information: The Stensland Inspection agreement is submitted in conjunction with a similar agreement from Guardian Inspections. Guardian would provide plan review services only while Stensland would provide both plan review and inspection services. Both contracts are for one year and shall be automatically extended unless terminated. Staff seeks approval of both contracts to create a pool to better ensure the ability to provide services and may consider execution of similar contracts in the future. The Building Department is experiencing a substantial increase in the number of building permits leading to additional hours worked by staff. The additional volume has lead to some employees exceeding their cap on accrual of compensatory time. Contracting for additional assistance will better balance the load to ensure timely review and inspection services. Financial Impact: Building permit revenue would offset the cost of services. Stensland would receive 75 percent of the total plan review fee collected for each project reviewed and $50 per each inspection and reinspection. Advisory Commission Discussion: N\A Attachments: • Agreement for Professional Services VIII-06 1 AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT (“Agreement”) is made and executed this _____day of ____________, 2022, by and between the City of Hastings, 101 4th Street East, Hastings, Minnesota, 55033, (“City”) and Stensland Inspections, 15025 8th Street Circle North, Stillwater, Minnesota, 55082 (“Consultant”). WHEREAS, the City has accepted the proposal of the Consultant for certain professional Services; and WHEREAS, Consultant desires to perform the Services for the City under the terms and conditions set forth in this Agreement. NOW THEREFORE, in consideration of the mutual consideration contained herein, it is hereby agreed as follows: 1. SERVICES. a. City agrees to engage Consultant as an independent contractor for the purpose of performing certain professional Services (“Services”) on an as-needed basis. Such Services are defined as follows: i. Plan Review: All services will be rendered under the strict guidance of Minnesota Statutes, Ch. 326B and Minnesota Rules, Ch. 1300, including but not limited to: building plan review for any type of projects in order to ensure compliance with all chapters of Minnesota State Building and any other applicable regulations. ii. Building Inspections: All services will be rendered under the strict guidance of Minnesota Statutes, Ch. 326B and Minnesota Rules, Ch. 1300, including but not limited to: Perform Building Inspections as directed by Building Official, for all types of inspections. b. Consultant covenants and agrees to provide Services to the satisfaction of the City in a timely fashion, subject to Section 9 of this Agreement. c. The Consultant will establish a regular communication process with the Building Official in order to communicate on issues and discuss timing for Consultant to provide and complete the Services under this Agreement. d. Consultant agrees to comply with all federal, state and local laws and ordinances applicable to the Services to be performed under this Agreement, including all applicable safety standards. Consultant shall be solely and completely responsible for the safety of all persons and property during the performance of the Services. Consultant represents and warrants that it has the requisite training, skills, and VIII-06 2 experience necessary to provide the Services and is appropriately licensed and has obtained all permits from all applicable agencies and governmental entities. 2. PAYMENT. a. City agrees to pay and Consultant agrees to receive and accept payment for Services provided under this Agreement as follows: i. Plan Review: Seventy-five percent (75%) of the City’s total plan review fee for permitting on each project reviewed by Consultant. ii. Building Inspections: Fifty dollars ($50.00) per inspection performed and an additional fifty dollars ($50.00) for each reinspection. b. Any changes in the scope of the work of the Services that may result in an increase to the compensation due the Consultant shall require prior written approval by the authorized representative of the City or by the City Council. The City will not pay additional compensation for Services that do not have prior written authorization. c. Consultant shall submit itemized bills for Services provided to City on a monthly basis. Bills submitted shall be paid in the same manner as other claims made to City. 3. TERM. The term of this Agreement shall commence on the date written in the initial paragraph of this Agreement and shall continue for one year from the date of commencement. This Agreement will automatically be extended for additional one-year terms, upon the same terms and conditions as herein stated, unless terminated pursuant to Section 4. 4. TERMINATION. a. Termination by Either Party. This Agreement may be terminated by either party upon 30 days’ written notice delivered to the other party to the addresses listed in Section 15 of this Agreement. Upon termination under this provision, if there is no default by the Consultant, Consultant shall be paid for Services rendered and reimbursable expenses until the effective date of termination. b. Termination Due to Default. This Agreement may be terminated by either party upon written notice in the event of substantial failure by the other party to perform in accordance with the terms of this Agreement. The non-performing party shall have fifteen (15) calendar days from the date of the termination notice to cure or to submit a plan for cure that is acceptable to the other party. c. Upon termination of this Agreement, Consultant shall furnish to the City copies or duplicate originals of all documents or memorandum prepared for the City pursuant to this Agreement and not previously furnished. VIII-06 3 5. SUBCONTRACTORS. Consultant shall not enter into subcontracts for any of the Services provided for in this Agreement without the express written consent of the City. The Consultant shall pay any subcontractor involved in the performance of this Agreement within the ten (10) days of the Consultant’s receipt of payment by the City for undisputed services provided by the subcontractor. 6. STANDARD OF CARE. In performing its Services, Consultant will use that degree of care and skill ordinarily exercised, under similar circumstances, by reputable members of its profession in the same locality at the time the Services are provided. No warranty, express or implied, is made or intended by Consultant’s undertaking herein or its performance of Services. 7. CITY CODE COMPLIANCE. Consultant shall review and abide by the manner in which the inspections and other activities are conducted within the City and determine what enforcement action is appropriate consistent with the Hastings City Code and other policies and ordinances as established by the City. Consultant shall confer with City staff regarding interpretation of the City Code. City shall have a duty to inform Consultant of any and all updates or changes to the Hastings City Code. 8. OFFICE HOURS. Consultant is not required to maintain office hours at Hastings City Hall. However, if Consultant finds it necessary to meet with citizens at Hastings City Hall, City shall arrange for a work area for such meetings. 9. DELAY IN PERFORMANCE. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the nonperforming party. For purposes of this Agreement, such circumstances include, but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war, riots, and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage; judicial restraint; and inability to procure permits, licenses or authorizations from any local, state, or federal agency for any of the supplies, materials, accesses, or services required to be provided by either City or Consultant under this Agreement. If such circumstances occur, the nonperforming party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Consultant will be entitled to payment for its reasonable additional charges, if any, due to the delay. 10. CITY’S REPRESENTATIVE. The City has designated Building Official Travis Dunn to act as the City’s representative with respect to the Services to be performed under this Agreement. He shall have complete authority to transmit instructions, receive information, interpret, and define the City’s policy and decisions with respect to the Services covered by this Agreement. VIII-06 4 11. PROJECT MANAGER AND STAFFING. The Consultant has designated Isaac Stensland to be the primary contact for the City in the performance of the Services. He may be assisted by other staff members as necessary to facilitate the completion of the Services in accordance with the terms established herein. Consultant may not remove or replace the designated staff without the approval of the City. 12. INDEMNIFICATION. a. Consultant and City each agree to indemnify, and hold harmless each other, its agents and employees, from and against legal liability for all claims, losses, damages, and expenses to the extent such claims, losses, damages, or expenses are caused by its negligent acts, errors, or omissions. In the event claims, losses, damages, or expenses are caused by the joint or concurrent negligence of Consultant and City, they shall be borne by each party in proportion to its own negligence. b. Consultant shall indemnify City against legal liability for damages arising out of claims by Consultant’s employees. City shall indemnify Consultant against legal liability for damages arising out of claims by City’s employees. 13. INSURANCE. During the performance of the Services under this Agreement, Consultant shall maintain the following insurance: a. General Liability Insurance, with a limit of $2,000,000 for any number of claims arising out of a single occurrence; b. Professional Liability Insurance, with a limit of $2,000,000 for any number of claims arising out of a single occurrence. c. Workers’ Compensation Insurance in accordance with statutory requirements. d. Automobile Liability Insurance, with a combined single limit of $1,000,000 for each person and $1,000,000 for each accident. Consultant shall furnish the City with certificates of insurance, which shall include a provision that such insurance shall not be canceled without written notice to the City. The City shall be named as an additional insured on the General Liability Insurance policy. 14. OWNERSHIP OF DOCUMENTS. Professional documents, drawings, and specifications prepared by the Consultant as part of the Services shall become the property of the City when Consultant has been compensated for all Services rendered, provided, however, that Consultant shall have the unrestricted right to their use. Consultant shall retain its rights in its standard drawing details, specifications, databases, computer software, and other proprietary property. Rights to proprietary intellectual property developed, utilized, or modified in the performance of the Services shall remain the property of the Consultant. The books, records, documents, and accounting procedures of Consultant relevant to this VIII-06 5 Agreement are subject to examination by City and either the legislative or state auditor as appropriate, pursuant to Minnesota Statutes, Section 16C.05, subd. 5, is it may be amended from time to time. Consultant agrees to maintain these records for a period of six (6) years from the date of termination of this Agreement. 15. NOTICES. Notices shall be communicated to the following addresses: If to City: City of Hastings 101 4th Street East Hastings, Minnesota 55033 Attention: City Administrator Or e-mailed: dwietecha@hastingsmn.gov If to Consultant: Stensland Inspections 15025 8th Street Circle North Stillwater, Minnesota 55082 Attention: Isaac Stensland Or emailed: 16. INDEPENDENT CONTRACTOR STATUS. All services provided by Consultant, its officers, agents and employees pursuant to this Agreement shall be provided as employees of Consultant or as independent contractors of Consultant and not as employees of the City for any purpose. 17. GENERAL PROVISIONS. a. Assignment. This Agreement is not assignable without the mutual written agreement of the parties. b. Waiver. A waiver by either City or Consultant of any breach of this Agreement shall be in writing. Such a waiver shall not affect the waiving party’s rights with respect to any other or further breach. c. Governing Law. This Agreement shall be construed in accordance with the laws of the State of Minnesota and any action must be venued in Dakota County District Court. d. Severability. If any term of this Agreement is found be void or invalid, such invalidity shall not affect the remaining terms of this Agreement, which shall continue in full force and effect. VIII-06 6 e. Data Practices Compliance. All data collected by the City pursuant to this Agreement shall be subject to the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13. f. Entire Agreement. This Agreement constitutes the entire agreement of the parties and supersedes all prior communications, understandings and agreements relating to the subject matter hereof, whether oral or written. g. Nondiscrimination. The parties agree to comply with all applicable federal and state laws, rules, regulations, and executive orders with regarding to unlawful discrimination on account of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability or age. [THE REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] VIII-06 7 CITY OF HASTINGS By: Mary Fasbender, Mayor By: Kelly Murtaugh, City Clerk Date: VIII-06 8 STENSLAND INSPECTIONS By: Its: Date: VIII-06 City Council Memorandum To: Mayor Fasbender and City Council From: John Hinzman, Community Development Director Date: November 7, 2022 Item: Extend Siewert Apartment Approvals - Preliminary Plat, Final Plat, and Site Plan Council Action Requested: The City Council is asked to consider the following actions for River City Investment (Luke Siewert): 1) Resolution: Extend Preliminary and Final Plat Approval - Consider adoption of a resolution extending Preliminary and Final Plat approval of SIEWERT APARTMENTS to August 1, 2023 2) Resolution: Extend Site Plan Approval - Consider adoption of a resolution extending Site Plan approval to August 1, 2023 for construction of a 32 unit apartment building with ground floor covered parking and atop three stories of residential apartments (four stories total). Adoption of the above actions requires a simple majority of the City Council. Background Information: The City Council granted the above approvals on the October 4, 2021 subject to a one year sunset clause. The proposal includes two properties with River City Investment and Hastings Economic Development and Redevelopment Authority (HEDRA) each owning one parcel. HEDRA has executed a purchase agreement for sale of property to River Cities requiring closing of sale by August 1, 2023 (the same date of this requested in this report). Mr. Siewert continues to seek more favorable construction pricing to commence. Financial Impact: The addition of 32 apartments will add to the tax base and create needed housing opportunities. Advisory Commission Discussion: N\A Council Committee Discussion: N\A Attachments: • Resolution: Extension of Preliminary and Final Plat • Resolution: Extension of Site Plan • City Council Report: October 4, 2021 VIII-07 HASTINGS CITY COUNCIL RESOLUTION NO._________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS EXTENDING PRELIMINARY AND FINAL PLAT APPROVAL OF SIEWERT APARTMENTS Council member ___________________________ introduced the following Resolution and moved its adoption: WHEREAS, Luke Siewert has petitioned for Preliminary and Final Plat approval of SIEWERT APARTMENTS, a replat of two existing lots into a single lot. The subject property is owned by River City Investments and the Hastings Economic Development and Redevelopment Authority (HEDRA) and generally located northwest of 3rd Street and Tyler Street, legally described as Lots 7 and 8, Block 15, TOWN OF HASTINGS, Dakota County, Minnesota; and WHEREAS, on September 13, 2021, review of the plat was conducted before the Planning Commission of the City of Hastings, as required by state law, city charter, and city ordinance; and WHEREAS, on October 4, 2021, the City Council adopted Resolution No. 10-03-21 approving the Preliminary and Final Plat of SIEWERT APARTMENTS (“City Council Approval”); and WHEREAS, City Council Approval was subject to a Sunset Clause requiring recording of the Plat with Dakota County within one year of Council approval; and WHEREAS, SIEWERT APARTMENTS has not been recorded with Dakota County; WHEREAS, The City Council continues to support redevelopment of the site as previously approved. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HASTINGS AS FOLLOWS: That the City Council hereby extends approval of the Preliminary and Final Plat as presented subject to the following conditions: 1) Conformance with the plans submitted with the City Council Staff Report dated October 4, 2021 2) Approval of the concurrent rezoning to DC - Downtown Core. 3) All disturbed areas on the property shall be stabilized with rooting vegetative cover to eliminate erosion control problems. VIII-07 4) Payment of $35,200 ($1,100 x 32 units) to satisfy park dedication requirements prior to release of the final plat mylars for recording. 5) Payment of $15,520 ($485 x 32 units) in sewer interceptor fees prior to release of the final plat mylars for recording. 6) Final approval of the Grading, Drainage, and Erosion Control Plan by the Public Works Director. 7) The plat must be recorded with Dakota County by August 1, 2023 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 November 7, 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 7th day of November 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 VIII-07 HASTINGS CITY COUNCIL RESOLUTION NO._________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS EXTENDING SITE PLAN APPROVAL TO CONSTRUCT A 32 UNIT APARTMENT BUILDING ON LOT 1, BLOCK 1, SIEWERT APARTMENTS. Council member ___________________________ introduced the following Resolution and moved its adoption: Luke Siewert has petitioned for Site Plan approval to construct a 32 unit apartment building. The subject property is owned by River City Investments and the Hastings Economic Development and Redevelopment Authority (HEDRA) and generally located northwest of 3rd Street and Tyler Street, legally described as Lots 7 and 8, Block 15, TOWN OF HASTINGS, Dakota County, Minnesota; and WHEREAS, on September 13, 2021 review was conducted before the Planning Commission of the City of Hastings, as required by state law, city charter, and city ordinance; and WHEREAS, The Planning Commission recommended approval of the request subject to the conditions hereunder; and WHEREAS, on October 4, 2021, the City Council adopted Resolution No. 10-04-21 granting Site Plan Approval (“City Council Approval”); and WHEREAS, City Council Approval was subject to a Sunset Clause requiring significant progress be made within one year of City Council approval; and WHEREAS, The City Council continues to support redevelopment of the site as previously approved. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HASTINGS AS FOLLOWS: That the City Council hereby extends Site Plan approval as presented subject to the following conditions: 1. Conformance with the plans submitted with the City Council Staff Report dated October 4, 2021 2. Approval of the concurrent rezoning to DC - Downtown Core. VIII-07 3. Approval of the concurrent Preliminary and Final Plat of SIEWERT APARTMENTS 4. Final approval of the Grading, Drainage, and Erosion Control Plan by the Public Works Director. 5. All disturbed areas on the property shall be stabilized with rooting vegetative cover to eliminate erosion control problems. 6. Disturbed areas of the site shall be maintained to the requirements of the City’s property maintenance ordinance. 7. All rooftop equipment shall be screened by a parapet wall or painted to match the building. 8. Any uncompleted site work (including landscaping) must be escrowed at 125 percent of the estimated value prior to issuance of a certificate of occupancy. 9. Lighting must be no greater than 0.5 footcandle of illumination when abutting residential propeorty and 1.0 footcandles when facing commercial. 10. All lighting shall incorporate shields and cut-offs to direct light on the site. 11. Approval is extended until August 1, 2023. 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 November 7, 2022, by the following vote: Ayes: Nays: Absent: ATTEST: __________________________ Mary Fasbender, Mayor ________________________________ Kelly Murtaugh, City Clerk (City Seal) VIII-07 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 7th day of November 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 VIII-07 City Council Memorandum To: Mayor Fasbender and City Council From: John Hinzman, Community Development Director Date: October 4, 2021 Item: Siewert Apartment - Land Use Actions Council Action Requested: The City Council is asked to consider the following actions as requested by River City Investment (Luke Siewert): 1) Public Hearing - Rezoning: Hold a public hearing to consider a rezoning from C-3 Community Regional Commerce to DC Downtown Core. 2) Ordinance Amendment: Rezoning - Consider 2nd Reading and adoption of an ordinance to rezone property from C-3 Community Regional Commerce to DC Downtown Core. The Council considered 1st reading and ordered the public hearing at the September 20, 2021 meeting. 3) Resolution: Preliminary and Final Plat - Consider adoption of a resolution granting Preliminary and Final Plat of SIEWERT APARTMENTS, a replat of two existing lots into a single lot of record. 4) Resolution: Site Plan - Consider adoption of a resolution granting Site Plan approval for construction of a 32 unit apartment building with ground floor covered parking and atop three stories of residential apartments (four stories total). Adoption of the above actions requires a simple majority of the City Council. Background Information: The request is submitted in conjunction with a proposal to construct a 32 unit apartment building at the northwest corner of 3rd and Tyler Streets by River City Investment LLC (Luke Siewert). The proposal includes both land owned by River City Investment and land owned by the Hastings Economic Development and Redevelopment Authority (HEDRA). Financial Impact: The addition of 32 apartments will add to the tax base and create needed housing opportunities. VIII-07 Advisory Commission Discussion: • Planning Commission - The Planning Commission voted 7-0 to recommend approval of the Rezoning, Preliminary Plat, Final Plat, and Site Plan at the September 13, 2021 Meeting with limited discussion. No one spoke for or against the item during the public hearing. • HEDRA - HEDRA voted 6-0 to authorize sale of the property to River City Investments at the July 29, 2021 meeting. • Parks and Recreation Commission - The Commission voted 7-0 to recommend the payment of cash in lieu of land to satisfy park dedication requirements at the September 14, 2021 meeting. Council Committee Discussion: The Planning Committee of City Council (Chair Vaughan and Leifeld present, Balsanek absent) reviewed the apartment concept at the December 1, 2020 meeting. Committee members were generally supportive of the concept. Attachments: • Ordinance Amendment: Rezoning • Resolution: Preliminary and Final Plat • Resolution: Site Plan • Planning Commission Memorandum - September 13, 2021 VIII-07 To: Planning Commissioners From: John Hinzman, Community Development Director Date: September 13, 2021 Item: Siewert Apartments - Rezoning, Preliminary Plat, Final Plat, and Site Plan #2021-34 - River City Investments LLC Planning Commission Action Requested Review the following actions for development of a 32 unit apartment building as proposed by Luke Siewert of River City Investments LLC. The 0.42 acre property is currently owned by River City Investments and the Hastings Economic Development and Redevelopment Authority (HEDRA). The site is generally located northwest of 3rd Street and Tyler Street: 1) Rezone Property from C-3 - Community Regional Commerce to DC - Downtown Core 2) Preliminary and Final Plat of SIEWERT APARTMENTS, a replat of two existing lots into a single lot of record. 3) Site Plan for construction of a 32 unit apartment building with ground floor covered parking and atop three stories of residential apartments (four stories total). BACKGROUND INFORMATION Comprehensive Plan The property is guided Mixed Use within the 2040 Comprehensive Plans. The proposed use is consistent with the Comprehensive Plan. Zoning The property is currently zoned C-3 Community Regional Commerce. The planned use and density are permitted under the proposed DC Zoning District. Existing Condition The western site contains a home owned by River City Investments. The eastern side contains a parking lot owned by HEDRA. The home and parking lot would be removed to accommodate the development. Planning Commission Memorandum VIII-07 Adjacent Zoning and Land Use The following land uses abut the property: Direction Use Comp Plan District Zoning District North Alley Mixed Commercial and Residential Mixed Use C-3 - Community Regional Commerce East Tyler Street Parking Lot - Red Rock Commuter Lot Mixed Use DC - Downtown Core South 3rd Street Senior Housing - Mississippi Terrace Mixed Use RMU - Residential Mixed Use West Commercial Mixed Use C-3 - Community Regional Commerce History The existing home was constructed in 1870 and has been used as a rental duplex for many years. The parking lot was constructed by the Hastings HRA in 1985 and transferred to HEDRA upon dissolution of the HRA in 2009. In 2014 HEDRA granted conceptual plan approval to Robert Pakola to develop four, two unit buildings (8 units total) on the subject property and adjacent western parcel. No further action was taken on Mr. Pakola’s request. HEDRA Purchase and Development Agreement HEDRA has executed a Purchase and Development Agreement to sell the parking lot to the developer upon development approvals. Planning Committee of City Council The Planning Committee of City Council (Chair Vaughan, Balsanek, and Leifeld) reviewed the concept plan on December 1, 2020. The Committee generally supported the concept. REZONING REVIEW Request Rezone property from C-3 Community Regional Commerce to DC - Downtown Core. The actions serve as an amendment to Hastings City Code Chapter 155.01 - Official Zoning Map. VIII-07 Analysis DC Requirement Site Proposal Residential Use Above 1st Floor Above First Floor Minimum Lot Width 22 feet 132 feet Minimum Lot Depth 80 feet 140 feet Maximum Building Height Greater of 47 feet or 756.5 feet above sea level 44 feet high, 753.0 feet above sea level Maximum Building Stories 4 4 Minimum Site Density 14 units per acre 75 units per acre SITE LOCATION VIII-07 RECOMMENDATION - REZONING The proposed development plan and rezoning is consistent with the Comprehensive Plan. The plan is meets the requirements of the proposed zoning district. Approval of the Rezoning to DC Downtown Core is recommended subject to the following: 1) Conformance with the plans submitted with the Planning Commission Staff Report dated September 13, 2021. PRELIMINARY AND FINAL PLAT REVIEW Request Preliminary and Final Plat approval of SIEWERT APARTMENTS, A replatting of two lots into a single lot of record. 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. Streets No new public streets are included as part of this plat. All access drives would be privately owned and maintained. Park Land Dedication The Park and Recreation Commission is scheduled to meet on September 14, 2021 to consider the method for satisfying park dedication requirements. Payment of cash in lieu of land in the amount of $35,200 ($1,100 x 32 units) is recommended. Interceptor Sewer Fee Payment of sewer interceptor fees in the amount of $15,520 ($485 x 32 units) is required prior to release of the final plat mylars for recording. Grading Drainage and Erosion Control Grading Drainage and Erosion Control plans will be reviewed as part of the site plan. VIII-07 RECOMMENDATION Approval of the Preliminary and Final Plat is recommended subject to the following conditions: 1) Conformance with the plans submitted with the Planning Commission Staff Report dated September 13, 2021 2) Approval of the concurrent rezoning to DC - Downtown Core. 3) All disturbed areas on the property shall be stabilized with rooting vegetative cover to eliminate erosion control problems. 4) Payment of $35,200 ($1,100 x 32 units) to satisfy park dedication requirements prior to release of the final plat mylars for recording. 5) Payment of $15,520 ($485 x 32 units) in sewer interceptor fees prior to release of the final plat mylars for recording. 6) Final approval of the Grading, Drainage, and Erosion Control Plan by the Public Works Director. 7) 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. SITE PLAN REVIEW Request Construction of a 32 unit apartment building containing three stories of residential units over first floor parking (four stories total). Vehicular Access and Circulation Vehicular access and circulation are acceptable. Two access points would be located along 3rd Street. The eastern access would be directly into the parking garage. The western access would access surface parking. Building Setbacks Building setbacks are acceptable. There are no minimum prescribed setbacks within the DC Zoning District. Proposed setbacks are as follows: VIII-07 Provided North - Alley - Commercial 1-2 feet East - Tyler Street - Parking Lot 0.85 - 3.47 feet South - 3rd Street - Senior Housing 1-2 feet West - Commercial 2 feet Pedestrian Access Pedestrian access is acceptable. Sidewalks abut the 3rd Street and Tyler Street frontages. The Bailey Street Trail (part of the Hastings Loop Trail) is located directly east of the site. Required Parking Proposed parking is acceptable and falls within the range of recognized parking standards. Parking requirements for construction of new buildings within the DC Zoning District are determined through utilization of The Urban Land Institute’s (ULI) Shared Parking Standards Guidelines or International Transportation Engineers (ITE) Shared Parking Standards. ITE provides the average and 85th percentile parking demands for a site based on the land use type, size and number of units, and context (urban, suburban, rural, proximity to transit). ULI provides calculations based on different types of land use context (urban, suburban, rural) and size of building. Calculations follow below: Parking Calculation Architectural Standards Architectural elevations are reviewed for conformance to the Architectural Standards of the Zoning Code. The building façade must consist of 65% of Class 1 or 2 materials, with Class 1 materials comprising at least 25%. Building Class materials are as follows: Gross Required Parking Calculations Number Requirement Needed ITE - Apartment - average 32 units 1.21 per unit 39 ITE - Apartment - 85th percentile 32 units 1.52 per unit 49 ULI - Shared Parking - Suburban (less than 4 floors) 32 units 1.23 per unit 40 Off Street Parking Provided Spaces Garage 32 Surface Parking 13 TOTAL 45 1.41 spaces per unit VIII-07 Class 1 Class 2 Class 3 Brick EIFS or Drivit Industrial grade concrete precast panels Natural Stone Masonry Stucco Smooth concrete Glass (including block, windows, or opaque mirrored panels) Specialty Integral Colored Concrete Block (including textured, burnished block, rock face block) Ceramic Seamless metal panels (including copper) Architecturally textured concrete precast panels Wood Other materials not listed elsewhere as approved by the Administrative Official Tile (masonry, stone, or clay) Aluminum or Vinyl Siding Other materials not listed elsewhere as approved by the Administrative Official Other materials not listed elsewhere as approved by the Administrative Official The building adheres to the Architectural Standards as follows: • South Elevation (3rd Street) & East Elevation (Tyler Street) – Over 75% of the elevation consists of either brick or windows (Class 1). Lower elevations (parking garage) would be comprised of precast concrete wall panels that are stamped and stained with a repetition of above story window patterns and incorporation of raised planting beds. Upper elevations (residential) would be mostly brick with prefinished metal and nichiha (fiber cement) smooth face siding. • North Elevation & West Elevation – Over 75% of the elevation consists of either brick or windows (Class 1). Lower elevations (parking garage) would be comprised of precast concrete wall panels that are stamped and stained. Upper elevations (residential) would be mostly brick with prefinished metal and nichiha (fiber cement) smooth face siding. Heart of Hastings Design Guidelines The project is consistent with the Heart of Hastings Design Guidelines. The Guidelines provide direction on a variety of architectural elements of building design based upon the site location. The F3 – Doorway Frontage Type was used in review of the proposal as follows: VIII-07 • Building Wall – Zero front and side yard setback from street. 12-20’ bay width • Lower Wall – Separate entry doors, 25-50% transparent window and door openings. Brick or stone in historic size and patterns. Historic window and door detailing. • Upper Wall – 12-20’ bay width, vertical window proportions, 25-50% window openings. • Roof – Low pitched roof behind masonry parapet. Landscape Plan Landscaping is acceptable as presented. Development comprises the entire block with very limited yard spaces (similar to other downtown buildings). The landscape code provides flexibility for planting standards on constrained sites. The ability to plant trees within the property is limited, however the develper has exceeded minimum shrub plantings standards and incorporated raised planting beds along sidewalk areas. Landscaping is provided as follows: Required Proposed One tree per 4,000 s.f. of paved surface – 4,600 s.f. 1.2 Trees 0 Trees One tree per 50 feet of lot perimeter – 544 feet 10.9 Trees 2 Trees One shrub per 40 feet of lot perimeter – 544 feet 13.6 shrubs 48 Shrubs Lighting Plan A photometric lighting plan needs to be submitted. Lighting must meet the following requirements: 1) Lighting must be no greater than 0.5 footcandle of illumination when abutting residential property and 1.0 footcandles when facing commercial. 2) All lighting shall incorporate shields and cut-offs to direct light on the site. VIII-07 Grading, Drainage, Erosion Control and Utility Plan Review The Public Works Department is providing concurrent review of the Grading, Drainage, Erosion Control, and Utility Plans. Site Plan approval shall be conditioned upon final approval of the Grading, Drainage, Erosion Control and Utility Plan by the Public Works Director including resolution of the following: 1. Applicant must provide written confirmation for any work that will encroach onto neighboring private properties. 2. Utility plan must confirm that the existing utilities must be abandoned to the main line. 3. Utility plan must confirm the size of the new utility service lines and connections to each. 4. Gate valve must be placed at the property line. 5. Water service line must be split at the building exterior between domestic and fire suppression (each with a shut off valve). 6. Storm sewer design must be completed with connection details provided to public storm structures. RECOMMENDATION Approval of the Site Plan is recommended subject to the following conditions: 1. Conformance with the plans submitted with the Planning Commission Staff Report dated September 13, 2021 2. Approval of the concurrent rezoning to DC - Downtown Core. 3. Approval of the concurrent Preliminary and Final Plat of SIEWERT APARTMENTS 4. Final approval of the Grading, Drainage, and Erosion Control Plan by the Public Works Director. 5. All disturbed areas on the property shall be stabilized with rooting vegetative cover to eliminate erosion control problems. 6. Disturbed areas of the site shall be maintained to the requirements of the City’s property maintenance ordinance. 7. All Rooftop equipment shall be screened by a parapet wall or painted to match the building. 8. Any uncompleted site work (including landscaping) must be escrowed at 125 percent of the estimated value prior to issuance of a certificate of occupancy. VIII-07 9. Lighting must be no greater than 0.5 footcandle of illumination when abutting residential propeorty and 1.0 footcandles when facing commercial. 10. All lighting shall incorporate shields and cut-offs to direct light on the site. 11. Approval is subject to a one-year Sunset Clause; if significant progress is not made towards the proposal within one year of City Council approval, the approval is null and void. ATTACHMENTS • Site Location Map • Preliminary and Final Plat • Site Plan • Landscape Plan • Architectural Elevations • Civil Plans • Application VIII-07 LOCATION MAP SITE LOCATION VIII-07 SCALE: 1 INCH = 40 FEET 14070 Hwy 52 S.E.Chatfield, MN 55923 ENGINEERINGSURVEYINGPLANNING Ph. 507-867-1666Fax 507-867-1665www.ggg.to VIII-07 ( IN FEET )1 IN = 20 FT GRAPHIC SCALE 1060.00 UP UP 8" www.ggg.to 1665-867-Fax 507 1666-867-Ph. 507 PLANNINGSURVEYINGENGINEERING Chatfield, MN 55923 14070 Hwy 52 S.E. VIII-07 707.21707.88707.79708.14708.26 708.98 708.54 708.39 708.53 708.47 708.7 0 707.3 0 706.5 2 707.1 2 706.4 1 706.03 706.38 707.21 706.86 706.96 707.31 708.01 708.07 707.7 3 706.1 7 707.70 708.23 709.11 709.18 709.53 709.46 709.54 709.33 706.4 1 706.3 4 706.6 3 UP UP 8" GRAPHIC SCALE ( IN FEET )1 IN = 10 FT www.ggg.to 1665-867-Fax 507 1666-867-Ph. 507 PLANNINGSURVEYINGENGINEERING Chatfield, MN 55923 14070 Hwy 52 S.E. “” “” VIII-07 T R E E S Q T Y C O M M O N / B O T A N I C A L N A M E C O N T . S I Z E R E M A R K S 1 S T R E E T K E E P E R H O N E Y L O C U S T B & B 2 - 1 / 2 " C A L . S I N G L E S T R A I G H T L E A D E R , N O ' V ' C R O T C H E S G L E D I T S I A T R I A C A N T H O S I N E R M I S ' D R A V E S ' T M 1 B O U L E V A R D A M E R I C A N L I N D E N B & B 2 - 1 / 2 " C A L . S I N G L E S T R A I G H T L E A D E R , N O ' V ' C R O T C H E S T I L I A A M E R I C A N A ' B O U L E V A R D ' S H R U B S Q T Y C O M M O N / B O T A N I C A L N A M E C O N T S I Z E R E M A R K S 6 D W A R F B U S H H O N E Y S U C K L E C O N T . 5 G A L . M I N . 5 C A N E S @ 1 8 " H T . D I E R V I L L A L O N I C E R A 1 0 L I T T L E Q U I C K F I R E P A N I C L E H Y D R A N G E A C O N T . 5 G A L . M I N . 5 C A N E S @ 1 8 " H T . H Y D R A N G E A P A N I C U L A T A ' L I T T L E Q U I C K F I R E ' 1 4 L I M E G L O W C R E E P I N G J U N I P E R C O N T . 3 G A L . J U N I P E R U S H O R I Z O N T A L I S ' L I M E G L O W ' 1 2 S K Y R O C K E T J U N I P E R C O N T . 7 G A L . J U N I P E R U S V I R G I N I A N A ' S K Y R O C K E T ' 6 D A R K H O R S E W E I G E L A C O N T . 5 G A L . M I N . 5 C A N E S @ 1 8 " H T . W E I G E L A F L O R I D A ' D A R K H O R S E ' P E R E N N I A L S Q T Y C O M M O N / B O T A N I C A L N A M E C O N T S I Z E R E M A R K S 4 3 K A R L F O E R S T E R F E A T H E R R E E D G R A S S C O N T . 2 G A L . C A L A M A G R O S T I S X A C U T I F L O R A ' K A R L F O E R S T E R ' 3 2 M A Y N I G H T S A G E C O N T . 1 G A L . S A L V I A N E M O R O S A ' M A Y N I G H T ' G R O U N D C O V E R S Q T Y C O M M O N / B O T A N I C A L N A M E R E M A R K S 4 7 6 S F K E N T U C K Y B L U E G R A S S T U R F S O D B L U E G R A S S P L A N T S C H E D U L E UP UP 8 " 4 L i m e g l o w C r e e p i n g J u n i p e r 3 G A L . C O N T . 3 K a r l F o e r s t e r F e a t h e r R e e d G r a s s 2 G A L . C O N T . 6 K a r l F o e r s t e r F e a t h e r R e e d G r a s s 2 G A L . C O N T . 8 M a y N i g h t S a g e 1 G A L . C O N T . 4 L i m e g l o w C r e e p i n g J u n i p e r 3 G A L . C O N T . 3 K a r l F o e r s t e r F e a t h e r R e e d G r a s s 2 G A L . C O N T . 8 M a y N i g h t S a g e 1 G A L . C O N T . 6 K a r l F o e r s t e r F e a t h e r R e e d G r a s s 2 G A L . C O N T . 4 L i m e g l o w C r e e p i n g J u n i p e r 3 G A L . C O N T . 3 K a r l F o e r s t e r F e a t h e r R e e d G r a s s 2 G A L . C O N T . 8 M a y N i g h t S a g e 1 G A L . C O N T . 6 K a r l F o e r s t e r F e a t h e r R e e d G r a s s 2 G A L . C O N T . 3 S k y r o c k e t J u n i p e r 7 G A L . C O N T . 6Dark Ho r s e W e i g e l a 5 GAL. C O N T . 4Skyrocket J u n i p e r 7 GAL. CO N T . 3Little Quick F i r e P a n i c l e H y d r a n g e a 5 GAL. CO N T . 2Skyrocket Junip e r 7 GAL. CONT.2Limeglow Creepi n g J u n i p e r 3 GAL. CONT.4Little Quick Fire P a n i c l e H y d r a n g e a 5 GAL. CONT.2Skyrocket Juniper7 GAL. CONT.3Little Quick Fire Panicle Hydrangea5 GAL. CONT.6Dwarf Bush Honeysuckle5 GAL. CONT.1Boulevard American Linden2 - 1/2" CAL. B&B 10Karl Foerster Feather Reed Grass2 GAL. CONT.1Street Keeper Honey Locust2 - 1/2" CAL. B&B P L O T T E D : C O M M . N O . D R A W I N G N O . - - - - 1 6 6 2 9 S I E W E R T A P A R T M E N T S 1 3 6 0 5 1 s t A v e n u e N . # 1 0 0 P l y m o u t h , M N 5 5 4 4 1 | a e - m n . c o m P 7 6 3 . 4 1 2 . 4 0 0 0 | F 7 6 3 . 4 1 2 . 4 0 9 0 A n d e r s o n E n g i n e e r i n g o f M i n n e s o t a , L L C D R A W I N G T I T L E C H E C K E D B Y : D R A W N : D E S I G N E D : C H C J W D J W D A U G U S T 1 9 , 2 0 2 1 R E V I S I O N L O G D E S C R I P T I O N O F R E V I S I O N S N O . D A T E 3 1 7 3 R D S T R E E T E A S T H A S T I N G S , M N 5 0 3 3 3 R I V E R C I T Y I N V E S T M E N T S C I T Y S U B M I T T A L J E F F R E Y W . D E I T N E R , P L A 5 1 8 9 9 P R I N T N A M E : S I G N A T U R E : I H E R E B Y C E R T I F Y T H A T T H I S P L A N , S P E C I F I C A T I O N , O R R E P O R T W A S P R E P A R E D B Y M E O R U N D E R M Y D I R E C T S U P E R V I S I O N A N D T H A T I A M A D U L Y L I C E N S E D P R O F E S S I O N A L L A N D S C A P E A R C H I T E C T U N D E R T H E L A W S O F T H E S T A T E O F M I N N E S O T A . D A T E : L I C E N S E N O . 9 2 5 H W Y 5 5 , S U I T E 5 5 H A S T I N G S , M N 5 0 3 3 3 C I T Y S U B M I T T A L 1 0 8 / 1 9 / 2 1 L E G E N D 3 " D E E P , S H R E D D E D H A R D W O O D M U L C H L A N D S C A P E P O L Y - E D G E R 3 " D E E P R O C K M U L C H 1 2 1 . A L L L A N D S C A P I N G D I S T U R B E D B E Y O N D T H E N E W P L A N T I N G S S H A L L B E R E P L A C E D I N K I N D . N O T E S C I T Y C O D E : R E Q U I R E D P L A N T I N G Z O N E : C O M M E R C I A L , I N D U S T R I A L , A N D M U L T I P L E - F A M I L Y ( G R E A T E R T H A N 8 U N I T S P E R B U I L D I N G ) 1 . 5 5 . 5 3 L A N D S C A P E S T A N D A R D S : · I N T E R I O R P A R K I N G L O T : · · I N A N Y A S I L E I N E X C E S S O F 3 0 P A R K I N G S T A L L S , A N I N T E R I O R L A N D S C A P E I S L A N D S H A L L B E P R O V I D E D . · · L A N D S C A P E I S L A N D S S H A L L B E P R O V I D E D A T E A C H E N D O F A L L R O W S O F P A R K I N G I N P A R K I N G L O T S I N E X C E S S O F 4 0 P A R K I N G S T A L L S . · · O N E T R E E P E R 4 , 0 0 0 S Q U A R E F E E T O F P A V E D S U R F A C E I S R E Q U I R E D O F W H I C H 7 5 % M U S T B E D E C I D U O U S , O V E R S T O R Y T R E E S . T R E E S S H A L L B E P L A N T E D I N M E D I A N S O R D I R E C T L Y A D J A C E N T T O T H E P A R K I N G L O T P E R I M E T E R . · · T H E F O L L O W I N G R E Q U I R E M E N T S A P P L Y T O A L L P A R K I N G L O T I S L A N D S : · · · E A C H I S L A N D S H A L L C O N T A I N A T L E A S T 1 D E C I D U O U S S H A D E T R E E . · · · E A C H I S L A N D S H A L L N O T C O N T A I N A N Y S H R U B O V E R 1 8 I N C H E S I N H E I G H T . · · · I S L A N D S S H A L L H A V E A M I N I M U M I N S I D E W I D T H O F 1 0 F E E T . · S T R E E T S C A P E A N D O P E N S P A C E : : · · O N E T R E E P E R 5 0 F E E T O F L O T P E R I M E T E R I S R E Q U I R E D . T R E E S S H A L L B E P L A N T E D E V E R Y 5 0 F E E T A L O N G P U B I C A N D P R I V A T E S T R E E T F R O N T A G E S B E T W E E N T H E F R O N T L O T L I N E A N D B A C K O F C U R B . R E M A I N I N G T R E E S C A N B E P L A C E D S O M E W H E R E E L S E O N T H E S I T E . · · A T L E A S T O N E S H R U B P E R 4 0 F E E T O F L O T P E R I M E T E R M U S T B E P L A N T E D . · · A N O P A Q U E L A N D S C A P I N G F E A T U R E A M I N I M U M O F 3 0 I N C H E S I N H E I G H T I S R E Q U I R E D B E T W E E N A N Y P A R K I N G L O T O R D R I V E W A Y A N D T H E A D J A C E N T S T R E E T . S A I D F E A T U R E S H A L L B E O N E O R C O M B I N A T I O N O F T H E F O L L O W I N G : · · · A 1 0 - F O O T W I D E L A N D S C A P E D S T R I P W H I C H M U S T S C R E E N A T L E A S T 7 0 % O F T H E L E N G T H O F T H E L O T F R O N T A G E W I T H A N O P A Q U E B A R R I E R 3 0 I N C H E S H I G H A T I N I T I A L P L A N T I N G . · · · L A N D S C A P E D B E R M S A T L E A S T 3 F E E T I N H E I G H T M E A S U R E D F R O M T H E T O P O F S T R E E T C U R B A D J A C E N T T O H E T H E B E R M A T A S L O P E N O T G R E A T T H A N 3 : 1 . · P E R F O R M A N C E S T A N D A R D S : · · S I T E T R I A N G L E / V I S U A L C L E A R A N C E . N O F E N C E , W A L L , D E N S E L A N D S C A P I N G , O R O T H E R V I S U A L O B S T R U C T I O N A B O V E A H E I G H T O F 3 0 I N C H E S F R O M T H E E S T A B L I S H E D S T R E E T G R A D E S H A L L B E P E R M I T T E D W I T H I N T H E S I T E T R I A N G L E A S F O R M E D B Y A S T R A I G H T L I N E D R A W N B E T W E E N P O I N T S O N T H E P R O P E R T Y L I N E A T A D I S T A N C E O F 3 0 F E E T I N E A C H D I R E C T I O N F R O M T H E I N T E R S E C T I O N O F A N Y S T R E E T , A L L E Y , P A R K I N G L O T E N T R A N C E , O R L O A D I N G A R E A . · · U T I L I T Y C L E A R A N C E . A C C E S S T O U T I L I T I E S ( M A N H O L E C O V E R S , F I R E H Y D R A N T S , E L E C T R I C A L T R A N S F O R M E R S , E T C . ) M U S T B E M A I N T A I N E D . · · M I N I M U M P L A N T I N G S I Z E S . · · · D E C I D U O U S T R E E S : 1 . 5 I N C H E S T R U N K D I A M E T E R , M E A S U R E D 6 I N C H E S A B O V E G R O U N D . · · · O R N A M E N T A L T R E E S : 1 . 5 I N C H E S T R U N K D I A M E T E R , M E A S U R E D 6 I N C H E S A B O V E G R O U N D . · · · C O N I F E R O U S T R E E S : 6 F E E T T A L L . · · · S H R U B S : M I N I M U M O F 1 8 I N C H E S T A L L A T P L A N T I N G . · · S P A C I N G . · · · P L A N T M A T E R I A L C E N T E R S S H A L L N O T B E L O C A T E D C L O S E R T H A N 3 F E E T F R O M T H E F E N C E L I N E O R P R O P E R T Y L I N E A N D S H A L L N O T B E P L A N T E D T O C O N F L I C T W I T H P U B L I C P L A N T I N G S , S I D E W A L K S , T R A I L S , F E N C E S , P A R K I N G A R E A S , A N D D R I V E W A Y S B A S E D O N T H E J U D G E M E N T O F T H E P L A N N I N G D E P A R T M E N T . · · · W H E R E P L A N T M A T E R I A L S A R E P L A N T E D I N 2 O R M O R E R O W S , P L A N T I N G S S H A L L B E S T A G G E R E D I N R O W S U N L E S S O T H E R W I S E A P P R O V E D B Y T H E P L A N N I N G D E P A R T M E N T . · · · W H E R E M A S S I N G O F P L A N T S O R S C R E E N I N G I S I N T E N D E D , L A R G E D E C I D U O U S S H R U B S S H A L L B E P L A N T E D 4 F E E T O N C E N T E R O R C L O S E R , A N D / O R , E V E R G R E E N S H R U B S S H A L L B E P L A N T E D 3 F E E T O N C E N T E R O R C L O S E R . S I T E D A T A : L O T P E R I M E T E R ( S T R E E T F R O N T A G E ) : 3 8 0 L N F T · · T R E E S / 5 0 L N F T = 8 T R E E S · · S H R U B S / 4 0 L N F T = 1 0 S H R U B S P L A N T C O U N T : · · T R E E S = 3 T R E E S · · S H R U B S = 4 8 · · P E R E N N I A L S = 7 5 3 3 3 1 1 1 1 1 1 11 TYLER STREET 3R D S T R E E T 1 RESTOREEXISTINGCONDITIONS ASREQUIRED DUE TOCONSTRUCTIONACTIVITY.EXISTING STREETLIGHT R A I S E D B E D S - S E E A R C H / S T R U C T U R A L D R A W I N G S F O R A D D I T I O N A L I N F O R M A T I O N 2 2 3 P L A N T I N G P L A N L 1 0 0 N 0 1 0 ' 2 0 ' V I I I - 0 7 P L O T T E D : C O M M . N O . D R A W I N G N O . - - - - 1 6 6 2 9 S I E W E R T A P A R T M E N T S 1 3 6 0 5 1 s t A v e n u e N . # 1 0 0 P l y m o u t h , M N 5 5 4 4 1 | a e - m n . c o m P 7 6 3 . 4 1 2 . 4 0 0 0 | F 7 6 3 . 4 1 2 . 4 0 9 0 A n d e r s o n E n g i n e e r i n g o f M i n n e s o t a , L L C D R A W I N G T I T L E C H E C K E D B Y : D R A W N : D E S I G N E D : C H C J W D J W D A U G U S T 1 9 , 2 0 2 1 R E V I S I O N L O G D E S C R I P T I O N O F R E V I S I O N S N O . D A T E 3 1 7 3 R D S T R E E T E A S T H A S T I N G S , M N 5 0 3 3 3 R I V E R C I T Y I N V E S T M E N T S C I T Y S U B M I T T A L J E F F R E Y W . D E I T N E R , P L A 5 1 8 9 9 P R I N T N A M E : S I G N A T U R E : I H E R E B Y C E R T I F Y T H A T T H I S P L A N , S P E C I F I C A T I O N , O R R E P O R T W A S P R E P A R E D B Y M E O R U N D E R M Y D I R E C T S U P E R V I S I O N A N D T H A T I A M A D U L Y L I C E N S E D P R O F E S S I O N A L L A N D S C A P E A R C H I T E C T U N D E R T H E L A W S O F T H E S T A T E O F M I N N E S O T A . D A T E : L I C E N S E N O . 9 2 5 H W Y 5 5 , S U I T E 5 5 H A S T I N G S , M N 5 0 3 3 3 C I T Y S U B M I T T A L 1 0 8 / 1 9 / 2 1 1 . L A N D S C A P E C O N T R A C T O R S H A L L V I S I T S I T E P R I O R T O S U B M I T T I N G B I D T O B E C O M E C O M P L E T E L Y F A M I L I A R W I T H S I T E C O N D I T I O N S . 2 . N O P L A N T I N G W I L L B E I N S T A L L E D U N T I L A L L G R A D I N G A N D C O N S T R U C T I O N H A S B E E N C O M P L E T E D I N I M M E D I A T E A R E A . 3 . I T I S T H E R E S P O N S I B I L I T Y O F T H E O W N E R & C O N T R A C T O R T O I D E N T I F Y A L L U N D E R G R O U N D C A B L E S , C O N D U I T S , W I R E S , E T C . , O N T H E P R O P E R T Y . 4 . T H E C O N T R A C T O R I S R E S P O N S I B L E F O R C O M P L E T E M A I N T E N A N C E O F T H E P L A N T M A T E R I A L ( W A T E R I N G , S P R A Y I N G , F E R T I L I Z I N G , M O W I N G , E T C . ) U N T I L T H E W O R K H A S B E E N A C C E P T E D , B Y T H E O W N E R . 5 . I F T H E R E I S A D I S C R E P A N C Y B E T W E E N T H E N U M B E R O F P L A N T S S H O W N O N T H E P L A N A N D T H E N U M B E R O F P L A N T S S H O W N I N T H E P L A N T S C H E D U L E , T H E N U M B E R O F P L A N T S S H O W N O N T H E P L A N W I L L T A K E P R E C E D E N C E . 6 . A L L C O N T A I N E R M A T E R I A L T O B E G R O W N I N C O N T A I N E R A M I N I M U M O F 6 M O N T H S . 7 . A L L M A T E R I A L S H A L L C O M P L Y W I T H T H E L A T E S T E D I T I O N O F T H E A M E R I C A N S T A N D A R D F O R N U R S E R Y S T O C K , A M E R I C A N A S S O C I A T I O N O F N U R S E R Y M E N . 8 . R E P A I R A L L D A M A G E T O P R O P E R T Y F R O M P L A N T I N G O P E R A T I O N S A T N O C O S T T O T H E O W N E R . 9 . G U A R A N T E E N E W P L A N T M A T E R I A L T H R O U G H O N E C A L E N D A R Y E A R . D E C I D U O U S T R E E S W I L L B E G U A R A N T E E D F O R T W O C A L E N D A R Y E A R S F R O M T I M E O F P R O V I S I O N A L A C C E P T A N C E . 1 0 . A L L P R O P O S E D P L A N T S S H A L L B E L O C A T E D C A R E F U L L Y A S S H O W N O N T H E P L A N S A N D S H A L L B E A P P R O V E D B Y O W N E R S R E P R E S E N T A T I V E B E F O R E T H E Y A R E I N S T A L L E D . 1 1 . C O N T R A C T O R C A N S U B S T I T U T E M A C H I N E M O V E D M A T E R I A L U S I N G A P P R O P R I A T E S I Z E T R E E S P A D E F O R B & B W I T H O W N E R S R E P R E S E N T A T I V E A P P R O V A L . 1 2 . L A N D S C A P E C O N T R A C T O R S H A L L E N S U R E T H A T N E W T R E E S M O V E D O N T O T H E S I T E A R E D U G F R O M S I M I L A R S I T E S W I T H S I M I L A R S O I L S T O T H E S O I L S O F T H I S P R O J E C T ( H E A V Y T O H E A V Y , L I G H T T O L I G H T . H E A V Y T O L I G H T S O I L S ) . 1 3 . L A N D S C A P E C O N T R A C T O R I S R E Q U I R E D T O P R O V I D E O W N E R W I T H M A I N T E N A N C E I N F O R M A T I O N D U R I N G G U A R A N T E E P E R I O D R E L A T I N G T O W A T E R I N G , F E E D I N G , P R U N I N G , P E S T C O N T R O L , A N D R E L A T E D I T E M S . T H I S W I L L B E P R E P A R E D A N D D E L I V E R E D T O O W N E R A F T E R P R O V I S I O N A L I N S P E C T I O N A P P R O V A L H A S B E E N G I V E N B Y O W N E R S R E P R E S E N T A T I V E . 1 4 . B R E A T H A B L E S Y N T H E T I C F A B R I C T R E E W R A P : W H I T E I N C O L O R , I N 3 I N C H W I D E R O L L S . M A T E R I A L S H A L L B E S P E C I F I C A L L Y M A N U F A C T U R E D F O R T R E E W R A P P I N G . T R E E W R A P S H A L L B E S E C U R E D T O T H E T R U N K U S I N G B I O - D E G R A D A B L E T A P E S U I T A B L E F O R N U R S E R Y U S E A N D W H I C H I S E X P E C T E D T O D E G R A D E I N S U N L I G H T I N L E S S T H A N 2 Y E A R S A F T E R I N S T A L L A T I O N . W R A P A L L T R E E S , E X C E P T H A C K B E R R Y T R E E S H A L L B E P R O T E C T E D P R I O R T O 1 2 / 1 . 1 5 . P O L Y E D G E R U N L E S S S P E C I F I E D O T H E R W I S E , S H A L L B E B L A C K V I N Y L S T Y L E E D G E R . 1 6 . L A N D S C A P E F A B R I C ( F I L T E R M A T ) T O H A V E A C O M B I N E D W E I G H T O F 4 . 5 - 5 . 5 O Z . P E R S . Y . F A B R I C S H O U L D B E U . V . S T A B I L I Z E D A N D H A V E A F I V E Y E A R M I N I M U M W E A T H E R A B I L I T Y F A C T O R I N F U L L S U N L I G H T . F A B R I C T O B E P H I L L I P S D U O N R O R E Q U I V A L E N T . S A M P L E R E Q U I R E D F O R A P P R O V A L . 2 0 . L A N D S C A P E B E D M U L C H S H A L L B E S H R E D D E D H A R D W O O D M U L C H . M U L C H S H A L L B E I N S T A L L E D A T A D E P T H O F 3 " W I T H N O W E E D B A R R I E R L A N D S C A P E F A B R I C . 2 1 . R O C K M U L C H S H A L L B E 1 1 2 " L I M E S T O N E I N S T A L L E D A T A D E P T H O F 3 " W I T H W E E D B A R R I E R / L A N D S C A P E F A B R I C B E L O W . 2 2 . A L L T R E E S P L A N T E D I N D E P E N D E N T L Y O F S P E C I F I E D B E D S S H A L L R E C E I V E 3 " D E E P S H R E D D E D H A R D W O O D M U L C H W I T H O U T F A B R I C . 2 3 . A L L P L A N T I N G S S H A L L R E C E I V E F E R T I L I Z E R A N D A P P L I E D A T T H E R A T E I N D I C A T E D B Y T H E M A N U F A C T U R E R . F E R T I L I Z E R S H A L L B E G E N E R A L P U R P O S E 1 0 - 1 0 - 1 0 . 2 4 . D E C I D U O U S S H R U B S S H A L L H A V E M I N I M U M O F F I V E ( 5 ) C A N E S A T S P E C I F I E D H E I G H T N O T E D I N P L A N T S C H E D U L E . 2 5 . I F T H E C O N T R A C T O R F E E L S A N E R R O R H A S B E E N M A D E R E G A R D I N G S P A C I N G O R H A R D I N E S S O F A S P E C I E S O F P L A N T M A T E R I A L I N D I C A T E D O N T H E P L A N , N O T I F Y T H E L A N D S C A P E A R C H I T E C T P R I O R T O T H E I N S T A L L A T I O N O F P L A N T M A T E R I A L . 2 6 . A L L N E W L Y I N S T A L L E D P L A N T M A T E R I A L S H A L L B E P L A N T E D I N W E L L - D R A I N E D A R E A S . C O N T R A C T O R S H A L L A V O I D I N S T A L L I N G A N Y P L A N T M A T E R I A L I N D R A I N A G E S W A L E S O R W E T & P O O R L Y D R A I N E D A R E A S . 2 7 . T H E C O N T R A C T O R W I L L B E R E S P O N S I B L E F O R T H E R E M O V A L O F A L L T R E E S T A K E S , G U Y S , S T R A P S A N D T R U N K P R O T E C T I O N M E A S U R E S F O L L O W I N G T H E C O M P L E T I O N O F T H E W A R R A N T E E P E R I O D O R A S D I R E C T E D B Y T H E O W N E R . 2 8 . T H E P R A C T I C E O F S T A K I N G S H O U L D N O T A L L O W N A I L S , S C R E W S , W I R E S , E T C . T O P E N E T R A T E T H E O U T E R S U R F A C E O F T H E T R E E S . 2 9 . T H E C O N T R A C T O R S H A L L M E E T W I T H T H E O W N E R O N S I T E W H E N T H E Y F E E L T H E P R O J E C T I S C O M P L E T E A C C O R D I N G T O T H E C O N T R A C T D O C U M E N T S . I F A L L W O R K I S S A T I S F A C T O R Y A N D C O M P L E T E A C C O R D I N G T O T H E C O N D I T I O N S O F T H E C O N T R A C T D O C U M E N T S , T H E N T H E O W N E R M U S T D E C L A R E T H E P R O J E C T C O M P L E T E . T H I S D E C L A R A T I O N W I L L C O N S T I T U T E A S T H E B E G I N N I N G O F T H E W A R R A N T E E P E R I O D F O R A L L P L A N T M A T E R I A L . T H E O W N E R S H A L L P R O V I D E A L E T T E R W I T H S I G N A T U R E S T A T I N G T H E D A T E O F A C C E P T A N C E . 1. PRIOR TO CONSTRUCTION, VERIFY WITH THEGENERAL CONTRACTOR AND ALL LOCAL UTILITYCOMPANIES TO LOCATE EXACT LOCATIONS OFUNDERGROUND UTILITIES.2. THE IRRIGATION SHALL BE DESIGN/BUILD SYSTEMBY THE CONTRACTOR. THE LANDSCAPECONTRACTOR SHALL BE RESPONSIBLE FORPROVIDING AN IRRIGATION LAYOUT PLAN ANDSPECIFICATIONS AS PART OF THE SCOPE OFWORK WHEN BIDDING. THESE SHALL BEAPPROVED BY THE OWNER PRIOR TO ORDERAND/OR INSTALLATION.3. VALVE AND CIRCUITS SHALL BE SEPARATED BASEDON WATER USE, SO THAT TURF AREAS AREWATERED SEPARATELY FROM SHRUB ANDGROUND COVER AREAS. IRRIGATION HEADS INTURF AREAS SHALL BE VALVED SPEARATELY FROMSHRUB AMD GROUND COVER AREAS. IT ISRECOMMENDED THAT FULL SUN AND SHADYAREAS TO BE VALVED SEPARATELY AS WELL ASHIGH RUN-OFF AND LOW RUN-OFF AREAS TO BEVALVED SEPARATELY.4. CONFIRM LIMITS OF IRRIGATION, EXISTING ANDFUTURE HARDSCAPE AND BUILDING LOCATIONSPRIOR TO THE DESIGN OF THE IRRIGATIONSYSTEM.5. CONTRACTOR SHALL VERIFY WATER SOURCELOCATION AND PRESSURE AND SUPPLY A SYSTEMTHAT PROVIDES FULL AND COMPLETE COVERAGETO ALL AREAS TO BE IRRIGATED.6. SYSTEM SHOULD BE DESIGNED TO COMPLETEWATER SCHEDULES WITHIN 12-HOURS MAXIMUM.7. RAIN SENSORS AND OTHER WATER SAVINGTECHNOLOGIES SHALL BE INCLUDED WITHIN THEIRRIGATION DESIGN.8. PROVIDE THE OWNER WITH AN OPERATINGSCHEDULE THAT WORKS WITH THE APPROVEDLAYOUT PLAN AND IDENTIFY ANY FIELDADJUSTMENTS PRIOR TO PROJECT COMPLETION.9. LOCATE VALVE BOXES AWAY FROM ROAD/CURB SOTHEY ARE LESS VISUAL WHERE APPLICABLE.10. DO NOT TRENCH THROUGH THE ROOT BALLS OFNEW PLANTINGS.11. AVOID OVER-SPRAY ONTO ROADS, SIDEWALKS,SIGNS AND PARKING AREAS. SPRINKLER ARCSSHALL BE DETERMINED ON SITE BY THEIRRIGATION INSTALLER TO PROVIDE THE MAXIMUMCOVERAGE POSSIBLE. CAREFULLY ADJUST THEARCS AND RADIUS OF EACH SPRINKLER TOPROVIDE HEAD-TO-HEAD COVERAGE.12. WITHIN EXTREME SLOPED AREAS:12.1. INSTALL STATIONS SEPARATELY FOR TOP ANDBOTTOM OF SLOPED AREAS12.2. INSTALL LATERAL PIPES PARALLEL TO SLOPE12.3. IF SLOPE IS TOO EXTREME FOR MACHINERY,INSTALL LATERAL PIPES SAFELY ANDTEE-FEED INDIVIDUAL SPRINKLERS VIADOWNHILL PIPING PERPENDICULAR TO FEEDLINE13. MAINLINE PIPING BENEATH TRAFFIC AREAS SHALLBE INSTALLED WITH A MINIMUM EARTH COVER OF30-INCHES FROM BOTTOM OF ROAD SUB-GRADEAND CONTAIN SLEEVES NOT LESS THAN TWONOMINAL DIMENSIONS GREATER THAT THE PIPEPASSING THROUGH.14. IRRIGATION INSTALLER SHALL FURNISH ANDINSTALL SLEEVE MATERIAL UNDER ALL ROADWAYS,WALKS AND DRIVEWAYS WHERE NECESSARY.15. TOP OF MAINLINES SHALL BE AT LEAST 30-INCHESBELOW GRADE IN TURF AREAS.16. TOP OF LATERAL LINES SHALL BE AT LEAST18-INCHES BELOW GRADE.17. MAINLINE PRESSURE PIPE FITTINGS 3-INCHES ANDLARGER SHALL BE PUSH ON GASKET JOINED ANDSHALL HAVE MECHANICAL JOINT RESTRAINTS.MAINLINE PRESSURE PIPE FITTINGS 2.5-INCHESAND SMALLER SHALL BE GLUED AND SHALL HAVECONCRETE THRUST BLOCKS AT FITTINGS THATCOMPRISE CHANGE IN DIRECTION.18. OTHERS SHALL FURNISH, INSTALL AND B R I N G 24-INCHES ABOVE GRADE A MUNICIPAL P O T A B L E STUB FOR IRRIGATION, COORDINATE WI T H GENERAL CONTRACTOR.19. INSTALLER IS RESPONSIBLE FOR FURNIS H I N G A N D INSTALLING THE BACKFLOW PREVENTO R , W A T E R METER AND BOOSTER PUMP, IF APPLICA B L E . 20. IRRIGATION CONTROL WIRE SHALL BE DI G I T A L TWO-WIRE, UL LISTED FOR DIRECT BURI A L . 21. CONNECT ALL ELECTRICAL WIRING INACCORDANCE WITH THE NATIONAL ELE C T R I C A L CODE AND ALL APPLICABLE LOCAL ELEC T R I C UTILITY CODES INCLUDING:21.1. ALL LOW VOLTAGE IRRIGATION CON T R O L W I R E SHALL BE INSTALLED WITH THE MAI N L I N E P I P E WHERE POSSIBLE21.2. DO NOT LOOP THE LOW VOLTAGE IR R I G A T I O N CONTROL WIRE PATH.21.3. SNAKE WIRE AT BOTTOM OF TRENC H B E N E A T H MAINLINE.21.4. PROVIDE 18-INCH OF SLACK CONTR O L W I R E A T ALL CHANGES IN DIRECTION.21.5. PROVIDE 24-INCH OF SLACK CONTR O L W I R E A T EACH REMOTE CONTROL VALVE COI L E D I N S I D E VALVE BOX.21.6. ALL WIRE SPLICES SHALL BE WATER T I G H T CONNECTORS AND CONTAINED IN V A L V E B O X . 21.7. ALL WIRING BENEATH HARDSCAPES S H A L L B E CONTAINED IN SLEEVING, SEPARAT E F R O M PIPING. ELECTRICAL SLEEVES ARE T O B E SIZED APPROPRIATELY FOR EASE O F W I R E INSTALLATION AND REPAIR.21.8. ALL WIRING SHALL BE INDENTIFIED A T E A C H END TO PROVIDE INDICATION AS TO W H I C H LOCATION THE WIRE IS CONNECTED . 21.9. GROUNDING PER MANUFACTURER'SRECOMMENDATION OR LOCAL ELEC T R I C A L CODE.22. SCHEDULE AND PROGRAM CONTROLLER A N D VALVES FOR APPROPRIATE LANDSCAPE W A T E R REQUIREMENTS. G E N E R A L L A N D S C A P E N O T E S IRRIGATION NOTES 1 . S O D S H A L L B E H I G H L A N D S O D , 3 0 " X 1 0 0 ' R O L L S P R E F E R R E D W H E R E A P P L I C A B L E , T O B E L A I D P A R A L L E L T O T H E C O N T O U R S A N D H A V E S T A G G E R E D J O I N T S . O N S L O P E S S T E E P E R T H A N 3 : 1 O R D R A I N A G E S W A L E S , T H E S O D S H A L L B E S T A K E D I N T O T H E G R O U N D . S C A R I F Y T H E E X I S T I N G G R A D E S W I T H F I E L D C U L T I V A T O R T O A M I N . D E P T H O F 1 2 " P R I O R T O P L A C I N G O F T O P S O I L A N D F I N I S H G R A D I N G F O R S O D . I M M E D I A T E L Y P R I O R T O P L A C I N G S O D , C O N T R A C T O R S H A L L A P P L Y 1 0 - 6 - 4 F E R T I L I Z E R A T T H E R A T E O F 1 0 P O U N D S P E R 1 0 0 0 S Q . F T . 2 . P L A N T I N G S O I L R E Q U I R E D : M I X T U R E T O I N C L U D E 4 5 % T O P S O I L , 4 5 % P E A T O R M A N U R E A N D 1 0 % S A N D . A L L T R E E , S H R U B A N D P E R E N N I A L P L A N T I N G S S H A L L R E C E I V E 8 ” D E P T H O F P L A N T I N G S O I L M I X T U R E . A L L S O D D E D A R E A S T O R E C E I V E 4 ” D E P T H O F P L A N T I N G S O I L M I X T U R E . A L L S E E D E D A R E A S T O R E C E I V E 2 ” D E P T H O F P L A N T I N G S O I L M I X T U R E . S O D D I N G , S E E D I N G & T O P S O I L N O T E S NOTE:1. KEEP MULCHAPPX. 2" OFFPLANT TRUNKOR STEM2. SEE PLANTSCHEDULEFOR EACHPLANT'SAPPROPRIATEO.C. SPACING EDGE OFGROUNDCOVERAREA/WALK EDGEDISTANCE FROM EDGEIS 12 THE SPECIFIED O.C.SPACINGTRIANGULAR SPACE,AT SPECIFIED O.C.DISTANCE - EQUIDISTANTPLANT CENTERMULCHROOTBALLPLANTING SOILNATIVE SOILLAWNSURFACEUNDISTURBED/COMPACTEDSOILPLANTINGSOILLINE OF PLANTINGPIT WHEN PLANTEDINDIVIDUALLY UNDISTURBED ORCOMPACTED SOIL 3" DEPTH MULCHPAVED SURFACE,IF APPLICABLE6" MIN.MIN.6"3' MIN. TO PAVEDSURFACESPLANTING SOIL3" DEPTH MULCHPAVED SURFACE,OR LAWNUNDISTURBED ORCOMPACTED SOIL N O T E : - 3 " D P . S H R E D D E D H A R D W O O D M U L C H S H A L L B E U S E D I N A L L L A N D S C A P E P L A N T I N G S A R E A S A N D U N D E R T R E E S I S O L A T E D F R O M P L A N T I N G A R E A S U N L E S S I D E N T I F I E D O T H E R W I S E . 3xROOTBALL 2"12"-18" C E N T E R T R E E I N H O L E , U P R I G H T S I N G L E S T R A I G H T L E A D E R T R E E T I E S E C U R E D T O S T A K E . S E C U R E T O T R E E W I T H A N T I - C H A F F I N G M A T E R I A L . A L L O W F O R M O V E M E N T O F T R E E . W R A P T R E E W I T H T R E E W R A P P I N G M A T E R I A L A S S P E C I F I E D T O 1 S T B R A N C H L A W N O R P L A N T I N G B E D E D G E ( S P A D E E D G E I N A L L L A W N A R E A S ) 6 " M I N . D I A . E A R T H S A U C E R ( 2 ) T R E E S T A K E S D R I V E N A M I N . 2 ' B E L O W G R A D E ( N W & S W ) 3 " D E P T H M U L C H ; S E E P L A N S A N D N O T E S F O R T Y P E 3 " H E I G H T T A M P E D W A T E R B A S I N A T E D G E O F E A R T H S A U C E R F I N I S H E D G R A D E R E M O V E B U R L A P , T W I N E , R O P E A N D W I R E F R O M T O P H A L F O F R O O T B A L L P L A N T I N G S O I L M O U N D M I N . 6 " U N D I S T U R B E D O R C O M P A C T E D S O I L A F T E R E X P O S I N G T R E E R O O T F L A I R , P L A N T S O R O O T F L A I R I S A T 2 " A B O V E A D J A C E N T F I N I S H G R A D E P L A N T I N G D E T A I L S L 5 0 0 V I I I - 0 7 AREA LEGEND ELEC SERVICE TRASH BLDG LOBBY VESTIBULE PARKING GARAGE PARKING46 TOTAL SPACES SURFACE LOT: 14 SPACES• 9 STANDARD STALLS (9'X18')• 4 NARROW COMPACT (8'X18')• 1 ACCESSIBLE STALL INTERIOR GARAGE: 32 SPACES• 25 STANDARD STALLS (9'X18')• 6 COMPACT STALLS• 1 SUB-COMPACT (MINIMUM PER HASTINGS ZONING 8'X16')• 6 NARROW COMPACT (8'X18')• 1 ACCESSIBLE STALL COMPACT SPACE CALCULATION: • 11 COMPACT SPACES OUT 46 TOTAL STALLS = 24% • <25% COMPLIANT w/CITY OF HASTINGS ZONING PROPERTY LINE PROPERTY LINE PR O P E R T Y L I N E PR O P E R T Y L I N E PR O P E R T Y L I N E PR O P E R T Y L I N E PROPERTY LINE PROPERTY LINE 3RD STREET ALLEY TY L E R S T R E E T 16' x 8' O.H. DOOR UNIT INFORMATION32 UNITS TOTAL• 22 ONE BEDROOM• 10 TWO BEDROOM SECOND FLOOR• 11 UNITS• 8 ONE BEDROOM• 3 TWO BEDROOM THIRD FLOOR• 11 UNITS• 8 ONE BEDROOM• 3 TWO BEDROOM FOURTH FLOOR• 10 UNITS• 7 ONE BEDROOM• 3 TWO BEDROOM BUILDING INFORMATION48,130 TOTAL GROSS SQUARE FEET FIRST FLOOR• 12,509 GROSS SQUARE FEET SECOND FLOOR• 12,097 GROSS SQUARE FEET THIRD FLOOR• 12,074 GROSS SQUARE FEET FOURTH FLOOR• 11,450 GROSS SQUARE FEET U 1 1 13 13 A A 5 5 J R Q 2 3 8 8 12 12 B B E E K 4 11 STAIR 1 STAIR 2 UP UP 141 SF BLDG LOBBY 10,749 SF PARKING GARAGE 76 SFVESTIBULE 3 YARD DUMPSTERS (TRASH & RECYCLE) MAILBOXES S T R I P E D A S I L E 8' - 1 " AC C E S S I BL E 8' - 0 " CO M P A C T 8' - 0 " 1' - 4 " 9' - 0 " 2 C O M P @ 8 ' E A 16 ' - 0 " 1' - 4 " 3 S T A L L S @ 9 ' E A 27 ' - 0 " 1' - 4 " CO M P A C T 8' - 0 " 3 S T A L L S @ 9 ' E A 27 ' - 0 " 1' - 4 " 4" 2 S T A L L S @ 9 ' E A 27 ' - 0 " 1' - 4 " 9' - 1 1 " 8' - 1 1 / 2 " 2 S T A L L S @ 9 ' E A 18 ' - 0 " 1' - 5 1 / 4 " 1' - 2 1/2" 2 STALLS @ 9' EA 18' - 0" SUB-COMPACT 8' - 0"4 1/4"9' - 11"1 1/2" 3 STALLS @ 9' EA 27' - 0"3' - 10 1/2" 8"18' - 0"22' - 0"18' - 0"8" 16' - 4" 16 ' - 0 " 4" 8" 18 ' - 0 " 22 ' - 0 " 18 ' - 0 " 8" 5' - 0 " 7 S T A L L S @ 9 ' E A 63 ' - 0 " 8' - 3 " 6" 2 S T A L L S @ 9 ' E A 18 ' - 0 " 4 C O M P @ 8 ' E A 32 ' - 0 " AC C E S S I BL E 8' - 0 " ST R I P E D A S I L E 8' - 0 " 5' - 9 " 18' - 0"22' - 0"18' - 0"9' - 0" 4' - 0"61' - 4" 4' - 0 " 61 ' - 4 " 126' - 0"3' - 0" 2' - 3 1 1 3 / 2 5 6 " 13 7 ' - 1 " 6" 16' x 8' O.H. DOOR 8' x 8' O.H. DOOR ELEV(3500 #) 237 SFTRASH 5' - 0" 4' - 0" CLEAR 18' - 4"1' - 4" 3 STALLS @ 9' EA 27' - 0"1' - 4" COMPACT 8' - 0" 2 STALLS @ 9' EA 18' - 0"1' - 4" 2 STALLS @ 9' EA 18' - 0" COMPACT 8' - 0" 100 SFELEC SERVICE SPRINKLER AREA (FENCED & STRIPED) ME C H A R E A (S T R I P E D ) ME C H A R E A ( S T R I P E D ) 18' - 0" T S P N H G ELEC TRANSFORMER, VFY LOCATION w/CIVIL & UTILITY 700 Main Avenue N O R T H D A K O T A 381 East Kellogg Boulevard M I N N E S O T A W WWW. E A R N L COM.E I E Fargo, ND 58103 (701) 293-1350 Saint Paul, MN 55101 (651) 227-0644 ISSUED FOR PERMIT: CHECKED BY: DRAWN BY: PROJECT NUMBER: NOT FOR CONSTRUCTION © 2020 NILE, INC.8/ 2 2 / 2 0 2 1 5 : 3 2 : 0 8 P M A-100 FIRST FLOOR AREA & SITE SCHEMATIC TBD Checker Author 20070 31 5 & 3 1 7 3 r d S T R E E T E A S T HA S T I N G S , M I N N E S O T A SI E W E R T A P A R T M E N T S 4 S T O R Y - 3 2 U N I T A P A R T M E N T B U I L D I N G PROJECT STATUS REV DATE DESCRIPTION 1/8" = 1'-0" FIRST FLOOR AREA & SITE SCHEMATIC1 NORTH REVISIONS FROM SITE PLANREVIEW COMMENTS DRAFT DESIGN: 08.22.2021 VIII-07 DW D W D W D W D W DW DW D WDW DW D W 10 AREA LEGEND ONE BEDROOM - TYPE 1 ONE BEDROOM - TYPE 2 TWO BEDROOM - TYPE 1 TWO BEDROOM - TYPE 2 ONE BEDROOM - TYPE 5 ONE BEDROOM - TYPE 6 FITNESS ELEV LOBBY JAN / MECH U U 1 13 13 A A 5 J R Q Q M 2 3 3 6 D D C C 9 9 11 F 740 SF ONE BEDROOM -TYPE 1 1,002 SF TWO BEDROOM -TYPE 1 739 SF ONE BEDROOM -TYPE 6 1,213 SF TWO BEDROOM -TYPE 2 686 SF ONE BEDROOM -TYPE 2 686 SF ONE BEDROOM -TYPE 2 686 SF ONE BEDROOM -TYPE 2 1,002 SF TWO BEDROOM -TYPE 1 740 SF ONE BEDROOM -TYPE 1 764 SF ONE BEDROOM -TYPE 5 368 SF FITNESS STAIR 1 STAIR 2 DN UP DNUP ELEV(3500#) MECH CLOSET, TYP EA UNIT 10' x 4' BALCONY, TYP 4"60' - 8"4" 30' - 4"30' - 4"4" 13 6 ' - 5 " 4" 38 ' - 1 1 / 4 " 27 ' - 7 1 / 4 " 27 ' - 7 1 / 4 " 43 ' - 1 1 / 4 " 4"125' - 4"4" 38' - 1 1/4"27' - 7 1/4"27' - 7 1/4"32' - 0 1/4" 4"28' - 3 1/4"9' - 10"29' - 7 1/4" 28 ' - 3 1 / 4 " 9' - 1 0 " 29 ' - 7 1 / 4 " 27' - 9 7/8"5' - 0 1/4"27' - 9 7/8" 686 SF ONE BEDROOM -TYPE 2 145 SFJAN / MECH 152 SFELEV LOBBY 10 " ROOF BELOW 7 L 700 Main Avenue N O R T H D A K O T A 381 East Kellogg Boulevard M I N N E S O T A W WWW. E A R N L COM.E I E Fargo, ND 58103 (701) 293-1350 Saint Paul, MN 55101 (651) 227-0644 ISSUED FOR PERMIT: CHECKED BY: DRAWN BY: PROJECT NUMBER: NOT FOR CONSTRUCTION © 2020 NILE, INC.8/ 2 2 / 2 0 2 1 5 : 0 4 : 0 0 P M A-101 SECOND FLOOR AREA SCHEMATIC TBD Checker Author 20070 31 5 & 3 1 7 3 r d S T R E E T E A S T HA S T I N G S , M I N N E S O T A SI E W E R T A P A R T M E N T S 4 S T O R Y - 3 2 U N I T A P A R T M E N T B U I L D I N G PROJECT STATUS REV DATE DESCRIPTION 1/8" = 1'-0" SECOND FLOOR AREA SCHEMATIC1 NORTH REVISIONS FROM SITE PLANREVIEW COMMENTS DRAFT DESIGN: 08.22.2021 VIII-07 DW D W D W D WD W DW DW DW D WDW D W 10 AREA LEGEND ONE BEDROOM - TYPE 1 ONE BEDROOM - TYPE 2 TWO BEDROOM - TYPE 1 TWO BEDROOM - TYPE 2 ONE BEDROOM - TYPE 6 RESIDENT STORAGE ELEV LOBBY JAN / MECH U U 1 13 13 A A 5 J R Q Q M2 3 3 6 D C 9 11 F144 SFJAN / MECH 737 SF ONE BEDROOM -TYPE 6 740 SF ONE BEDROOM -TYPE 1 1,002 SF TWO BEDROOM -TYPE 1 686 SF ONE BEDROOM -TYPE 2 1,002 SF TWO BEDROOM -TYPE 1 740 SF ONE BEDROOM -TYPE 1 737 SF ONE BEDROOM -TYPE 6 335 SF RESIDENTSTORAGE DNUP DN UP STAIR 2 STAIR 1 2 HIGH STORAGE LOCKERS (32) 10' x 4' BALCONY, TYP MECH CLOSET, TYP EA UNIT ELEV(3500#) 4"60' - 8"4" 30' - 4"30' - 4" 13 6 ' - 9 " 4" 38 ' - 1 1 / 4 " 27 ' - 7 1 / 4 " 27 ' - 7 1 / 4 " 43 ' - 1 1 / 4 " 4"125' - 4"4" 38' - 1 1/4"27' - 7 1/4"27' - 7 1/4"32' - 0 1/4" 4"28' - 3 1/4"9' - 10"29' - 7 1/4" 28 ' - 7 1 / 4 " 9' - 1 0 " 29 ' - 7 1 / 4 " 27' - 9 7/8"5' - 0 1/4"27' - 9 7/8" 686 SF ONE BEDROOM -TYPE 2 1,213 SF TWO BEDROOM -TYPE 2 686 SF ONE BEDROOM -TYPE 2 686 SF ONE BEDROOM -TYPE 2 152 SF ELEV LOBBY 7 L MARKET COOLER & SHELVING (OPEN TO CORRIDOR) 700 Main Avenue N O R T H D A K O T A 381 East Kellogg Boulevard M I N N E S O T A W WWW. E A R N L COM.E I E Fargo, ND 58103 (701) 293-1350 Saint Paul, MN 55101 (651) 227-0644 ISSUED FOR PERMIT: CHECKED BY: DRAWN BY: PROJECT NUMBER: NOT FOR CONSTRUCTION © 2020 NILE, INC.8/ 2 2 / 2 0 2 1 5 : 0 4 : 0 4 P M A-102 THIRD FLOOR AREA SCHEMATIC TBD Checker Author 20070 31 5 & 3 1 7 3 r d S T R E E T E A S T HA S T I N G S , M I N N E S O T A SI E W E R T A P A R T M E N T S 4 S T O R Y - 3 2 U N I T A P A R T M E N T B U I L D I N G PROJECT STATUS REV DATE DESCRIPTION 1/8" = 1'-0" THIRD FLOOR AREA SCHEMATIC1 NORTH REVISIONS FROM SITE PLANREVIEW COMMENTS DRAFT DESIGN: 08.22.2021 VIII-07 D W DW D W D W D W D W D W DW DW D W 10 AREA LEGEND ONE BEDROOM - TYPE 1 BUILDING STORAGE ONE BEDROOM - TYPE 2 ONE BEDROOM - TYPE 3 ONE BEDROOM - TYPE 4 TWO BEDROOM - TYPE 1 TWO BEDROOM - TYPE 4 TWO BEDROOM - TYPE 5 ONE BEDROOM - TYPE 6 ELEV LOBBY JAN / MECH U U 1 13 13 A A 5 J R Q Q M2 3 3 6 D C 9 11 F144 SFJAN / MECH 675 SF ONE BEDROOM -TYPE 3 1,002 SF TWO BEDROOM -TYPE 1 686 SF ONE BEDROOM -TYPE 2 1,206 SF TWO BEDROOM -TYPE 4 701 SF ONE BEDROOM -TYPE 4 737 SF ONE BEDROOM -TYPE 6 368 SF BUILDING STORAGE 152 SF ELEV LOBBY STAIR 1 STAIR 2 DN DN ELEV(3500#) 10' x 4' BALCONY, TYP 13 6 ' - 9 " 4" 43 ' - 1 1 / 4 " 55 ' - 2 1 / 2 " 38 ' - 1 1 1 / 4 " 4"125' - 4"4" 38' - 1 1/4"27' - 7 1/4"27' - 7 1/4"32' - 0 1/4" 28' - 4 7/16"9' - 10"27' - 7 1/4" MECH CLOSET, TYP EA UNIT 27 ' - 9 7 / 8 " 5' - 0 1 / 4 " 27 ' - 9 7 / 8 " 1,106 SF TWO BEDROOM -TYPE 5 737 SF ONE BEDROOM -TYPE 6 727 SF ONE BEDROOM -TYPE 1 7' - 0 " ROOF-TOP PATIO166 SF COMMON ROOF-TOP PATIO261 SF 9' - 9 1/2" 4"60' - 8"4" 30' - 4"30' - 4" 1' - 3 1/8" 675 SF ONE BEDROOM -TYPE 3 ROOF-TOP PATIO109 SF 7 L 6' - 1 1 / 2 " 15' - 3" 700 Main Avenue N O R T H D A K O T A 381 East Kellogg Boulevard M I N N E S O T A W WWW. E A R N L COM.E I E Fargo, ND 58103 (701) 293-1350 Saint Paul, MN 55101 (651) 227-0644 ISSUED FOR PERMIT: CHECKED BY: DRAWN BY: PROJECT NUMBER: NOT FOR CONSTRUCTION © 2020 NILE, INC.8/ 2 2 / 2 0 2 1 5 : 0 4 : 0 8 P M A-103 FOURTH FLOOR AREA SCHEMATIC TBD Checker Author 20070 31 5 & 3 1 7 3 r d S T R E E T E A S T HA S T I N G S , M I N N E S O T A SI E W E R T A P A R T M E N T S 4 S T O R Y - 3 2 U N I T A P A R T M E N T B U I L D I N G PROJECT STATUS REV DATE DESCRIPTION 1/8" = 1'-0" FOURTH FLOOR AREA SCHEMATIC1 NORTH REVISIONS FROM SITE PLANREVIEW COMMENTS DRAFT DESIGN: 08.22.2021 VIII-07 03 THIRD FLOOR120' - 10 1/8" 04 FOURTH FLOOR131' - 0" TRUSS BEARING139' - 0 3/8" 02 SECOND FLOOR110' - 7 1/2" U ADCTSPNHG SOLDIER COURSE SOLDIER COURSE, TYP @ LINTEL RAISED PLANTING BEDS: PRE-CAST CONC WALLS TO MATCH BLDG, TYP OF 4 2' - 8 " 45 ' - 5 7 / 8 " 1' - 3 " FIRST FLOOR100' - 0" 03 THIRD FLOOR120' - 10 1/8" 04 FOURTH FLOOR131' - 0" TRUSS BEARING139' - 0 3/8" 02 SECOND FLOOR110' - 7 1/2" 10 113523 6 812 49117 EXTERIOR FINISH LEGEND TFB-1 THIN BRICK ADHERED MASONRY MP-1 PRE-FINISHED METAL WALL PANELS WP-1 NICHIHA WALL PANELSSMOOTH FACE PC-1 PRE-CAST CONCRETE WALL PANELSTAMPED & STAINEDCOLOR/PATTEREN #1 (TBD) 700 Main Avenue N O R T H D A K O T A 381 East Kellogg Boulevard M I N N E S O T A W WWW. E A R N L COM.E I E Fargo, ND 58103 (701) 293-1350 Saint Paul, MN 55101 (651) 227-0644 ISSUED FOR PERMIT: CHECKED BY: DRAWN BY: PROJECT NUMBER: NOT FOR CONSTRUCTION © 2020 NILE, INC.8/ 2 2 / 2 0 2 1 5 : 0 4 : 1 8 P M A-200 BUILDING ELEVATIONS TBD Checker Author 20070 31 5 & 3 1 7 3 r d S T R E E T E A S T HA S T I N G S , M I N N E S O T A SI E W E R T A P A R T M E N T S 4 S T O R Y - 3 2 U N I T A P A R T M E N T B U I L D I N G PROJECT STATUS REV DATE DESCRIPTION 1/8" = 1'-0" EAST ELEVATION1 1/8" = 1'-0" NORTH ELEVATION2 REVISIONS FROM SITE PLANREVIEW COMMENTS DRAFT DESIGN: 08.22.2021 VIII-07 FIRST FLOOR100' - 0" 03 THIRD FLOOR120' - 10 1/8" 04 FOURTH FLOOR131' - 0" TRUSS BEARING139' - 0 3/8" 02 SECOND FLOOR110' - 7 1/2" UAJRQMKDCTSPNHGL SOLDIER COURSE, TYP. SOLDIER COURSE STREACHER COURSE, TYP BOTH SIDES ROWLOCK COURSE FIRST FLOOR100' - 0" 03 THIRD FLOOR120' - 10 1/8" 04 FOURTH FLOOR131' - 0" TRUSS BEARING139' - 0 3/8" 02 SECOND FLOOR110' - 7 1/2" TO FOOTING96' - 8" 1 132368124117 SOLDIER COURSE STREACHER COURSE, TYP BOTH SIDES ROWLOCK COURSE SOLDIER COURSE, TYP. EXTERIOR FINISH LEGEND TFB-1 THIN BRICK ADHERED MASONRY MP-1 PRE-FINISHED METAL WALL PANELS WP-1 NICHIHA WALL PANELSSMOOTH FACE PC-1 PRE-CAST CONCRETE WALL PANELSTAMPED & STAINEDCOLOR/PATTEREN #1 (TBD) 700 Main Avenue N O R T H D A K O T A 381 East Kellogg Boulevard M I N N E S O T A W WWW. E A R N L COM.E I E Fargo, ND 58103 (701) 293-1350 Saint Paul, MN 55101 (651) 227-0644 ISSUED FOR PERMIT: CHECKED BY: DRAWN BY: PROJECT NUMBER: NOT FOR CONSTRUCTION © 2020 NILE, INC.8/ 2 2 / 2 0 2 1 5 : 3 4 : 1 3 P M A-201 BUILDING ELEVATIONS TBD Checker Author 20070 31 5 & 3 1 7 3 r d S T R E E T E A S T HA S T I N G S , M I N N E S O T A SI E W E R T A P A R T M E N T S 4 S T O R Y - 3 2 U N I T A P A R T M E N T B U I L D I N G PROJECT STATUS REV DATE DESCRIPTION 1/8" = 1'-0" WEST ELEVATION1 1/8" = 1'-0" SOUTH ELEVATION2 REVISIONS FROM SITE PLANREVIEW COMMENTS DRAFT DESIGN: 08.22.2021 VIII-07 BUILDING MASSING STUDY:VIEW OF ENTRY FROM 3rd STREET DRAFT DESIGN: 08.22.2021 SIEWERT APARTMENTS HASTINGS, MINNESOTA32-UNIT RESIDENTIAL BUILDING22 AUGUST 2021 VIII-07 BUILDING MASSING STUDY:VIEW FROM CORNER OF TYLER & 3rd STREET DRAFT DESIGN: 07.29.2021 SIEWERT APARTMENTS HASTINGS, MINNESOTA32-UNIT RESIDENTIAL BUILDING22 AUGUST 2021 VIII-07 BUILDING MASSING STUDY:ARIAL FROM TYLER STREET DRAFT DESIGN: 08.22.2021 SIEWERT APARTMENTS HASTINGS, MINNESOTA32-UNIT RESIDENTIAL BUILDING22 AUGUST 2021 VIII-07 BUILDING MASSING STUDY:VIEW FROM ALLEY DRAFT DESIGN: 08.22.2021 SIEWERT APARTMENTS HASTINGS, MINNESOTA32-UNIT RESIDENTIAL BUILDING22 AUGUST 2021 VIII-07 VIII-07 VIII-08 VIII-08 VIII-08 City Council Memorandum To: Mayor Fasbender & City Council Members From: Ryan Stempski – Public Works Director/City Engineer Date: November 7, 2022 Item: Approve Assessment Abatement for 2022 Neighborhood Infrastructure Improvements Council Action Requested: Council is requested to approve abatement of assessments to properties within the 2022 Neighborhood Infrastructure Improvements project areas. Background Information: The assessment abatement program provides federal funding through the Dakota County Community Development Agency to the City for assistance with financing assessments to owner-occupied low and moderate income households. The 2022 reconstruction program included 5th Street W, Ash Street, 13th Street W, Lilac Court, Hillside Street, Park Lane, Park Court, 11th Street E, and the Riverwood Neighborhood. The combined project areas impacted a total of 323 properties, the vast majority of which are single-family owner-occupied residential dwellings. During this year’s process, twenty-seven (27) applications for assessment abatement were filed with the Dakota County Community Development Agency (CDA). This represents about 8% of owner- occupied households, but there were 76 apartment/condominiums within the project area. The typical application rate falls between 10-15% of all owner-occupied residential properties impacted. The agency has completed review, and determined that twenty-two (22) properties qualified for assistance, with twelve (12) households qualifying as low-income households, and ten (10) as moderate-income households. These properties were assessed a total of $81,878.75. Financial Impact: The combined total of assessments against qualifying households is $81,878.75. The total Community Development Block Grant (CDBG) budget set aside for assessment abatement for the 2022 project was $121,520.79. Federal requirements call for 100% abatement of low-income households, and the City can choose to fund anywhere from 0% to 100% abatement for the qualifying moderate-income households. Staff Recommendation: The budget for the 2022 program is enough to provide the required full abatement to qualifying low-income households, and full abatement for qualifying moderate-income households. It is staff’s recommendation to maximize available CDBG Assessment Abatement funds and provide abatement in full to both the low-income and moderate-income households. Attachments: A listing of the properties eligible for assessment abatement and the amounts recommended to be abated is attached for City Council approval. VIII-09 2022 Improvement Program Assessment Abatement Qualifying Households Low Income Households (100% Abatement Required) Project PID Assessment Amount Abatement Amount 2022 Neighborhood Infrastructure Improvements 196438601120 $1,800.00 $1,800.00 196437505233 $500.00 $500.00 196437601010 $7,406.25 $7,406.25 196438601110 $1,800.00 $1,800.00 196437505108 $500.00 $500.00 196437702103 $500.00 $500.00 191050020100 $2,801.25 $2,801.25 191950303010 $5,241.60 $5,241.60 196439002010 $4,350.00 $4,350.00 193210005220 $5,394.60 $5,394.60 191400001110 $3,240.00 $3,240.00 191050034030 $2,801.25 $2,801.25 Total Qualifying Low-Income Abatement $36,334.95 Moderate Income Households (100% Abatement Recommended) Project PID Assessment Amount Abatement Amount 2022 Neighborhood Infrastructure Improvements 191400001100 $3,240.00 $3,240.00 196437505202 $500.00 $500.00 196437606030 $4,425.00 $4,425.00 196437805060 $4,800.00 $4,800.00 196437603040 $4,650.00 $4,650.00 193210006010 $5,321.70 $5,321.70 193210005260 $5,394.60 $5,394.60 196437606010 $5,250.00 $5,250.00 196437603070 $7,612.50 $7,612.50 196437605020 $4,350.00 $4,350.00 Total Qualifying Moderate-Income Abatement $45,543.80 GRAND TOTAL ABATEMENT $81,878.75 VIII-09 City Council Memorandum To: Mayor Fasbender & City Council Members From: Ryan Stempski – Public Works Director/City Engineer Date: November 7, 2022 Item: Approve Street Light Maintenance Agreement with the City of Saint Paul COUNCIL ACTION REQUESTED Council is requested to approve a Traffic and Lighting Infrastructure Maintenance Agreement with the City of Saint Paul. Council is also requested to authorize the Mayor’s and City Clerk’s signatures on the agreement. BACKGROUND The City is responsible for maintenance of traffic signals (specifically re-lamping) along State Highways. Historically, the City contracted with MnDOT to maintain these traffic signals, but we have been notified by MnDOT that they will no longer provide these services to local municipalities. Therefore, we need to find a new solution to replace the skill and expertise to service, repair, and maintain traffic signals. FINANCIAL IMPACT The City of Saint Paul services are more cost competitive than hiring private contractors for the same work. Crews would also be more readily available contracting with the City of St. Paul to complete this time sensitive work. ATTACHMENTS A copy of the Traffic and Lighting Infrastructure Maintenance Agreement Between the Cities of Saint Paul and Hastings. STAFF RECOMMENDATION Staff is recommending that the Council approve the agreement and authorize the Mayor and City Clerk to apply their signatures. VIII-10 1 TRAFFIC AND LIGHTING INFRASTRUCTURE MAINTENANCE AGREEMENT BETWEEN THE CITIES OF SAINT PAUL AND HASTINGS An agreement dated this ________ day of __________________, 2022 by and between the City of Saint Paul, a Minnesota municipal corporation hereinafter “St. Paul” and the City of Hastings, a Minnesota municipal corporation, hereinafter “Hastings”. WITNESSETH: Whereas, St. Paul possess the skill and expertise via its Department of Public Works, to service, repair, and maintain street lights, traffic signals, signs, and pavement markings and have serviced its own traffic and lighting infrastructure for several decades (the “Services”); Whereas, Hastings has need of the Services at various locations within its borders; and Whereas, both St. Paul and Hastings are willing to enter into an agreement whereby St. Paul will provide Hastings with Services and Hastings will pay St. Paul for the same; and Whereas, Minnesota Statutes, Section 471.59, provides that two or more governmental units, but agreement entered into through action of their governing bodies, may jointly or cooperatively exercise any power common to the contracting parties or any similar powers, including those which are the same except for the territorial limits within which they are exercised. Now therefore, IT IS MUTUALLY AGREED BY AND BETWEEN ST. PAUL AND HASTINGS AS FOLLOWS: 1. That St. Paul will provide general maintenance and repair Services upon specific request for those assets listed on Addendum A, which is incorporated herein by reference. 2. That request to amend Addendum A shall be submitted by Hastings for review and approval by St. Paul at any time providing such request is in writing and specifically describes the nature and type of such matter, its location and effective date of the requested change. Such requests shall be sent to Traffic Operations Engineer, 899 N. Dale St, Saint Paul, Minnesota 55103. 3. That said services shall include repair of malfunctions and knockdowns as requested. Services contemplated herein do not include energy costs. 4. That all electrical work performed by St. Paul will be in conformance with the national electric code and in a neat and workmanlike manner. Further, traffic control during any maintenance period performed by St. Paul shall be structured according to the requirements outlined by the Minnesota Manual of Uniform Traffic Control Devices. For VIII-10 2 situations deemed necessary, St. Paul may request Hastings to provide required traffic control at their own direct costs. 5. That St. Paul may request construction work, excavation work, asphalt work and concrete work needed to complete the requested Services be provided by Hastings or covered under a separate agreement. 6. That any damaged materials removed by St. Paul from the asset location pursuant to this agreement shall be turned over to Hastings for inspection and disposal. The drop off location shall be specifically identified by Hastings at the time Services are requested. 7. That Hastings shall furnish to St. Paul a copy of any and all repair and maintenance manuals and revisions of the same for any and all equipment. 8. That Hasting shall, from time to time, provide a written list of persons authorized by Hastings to call for service hereunder. Any call for services by any other persons shall be verified by St. Paul before mobilization commences. 9. That authorized Hastings representatives shall direct telephone calls for Services when needed between the hours of 7:00 AM and 3:30 PM (CDT/CST) Monday through Friday excluding holidays to St. Paul Traffic Operations Center at 651-266-9777. At all other times, calls for services shall be directed to St. Paul’s after-hours dispatcher at 651-266- 9700. St. Paul does not offer 24-hour dispatch staff which may require Hastings to leave a voice message for St. Paul response. 10. That Services provide by St. Paul are subject to resource availability as determined by St. Paul. 11. That when Services are requested by Hastings, it is generally understood by all parties that schedules, completion times, and cost estimates are not guaranteed by St. Paul. 12. That St. Paul will bill Hastings for Services rendered hereunder on a monthly basis detailing a description of the work involved; the labor and equipment used in the performance thereof, and parts and materials furnished. 13. That labor charges will be billed by St. Paul at the wage it has established as adjusted, via collective bargaining with various occupational groups who actually perform the work. Such wage rates will also be adjusted to reflect the cost of fringe benefits (including overhead) made by St. Paul to those occupational groups who actually perform the work. Further, the wage rates and/or fringe benefits will be adjusted if the occupational groups are working holidays, are on overtime status or have been subject to callback as the case may be and as determined by the time when work is performed hereunder. The labor charges reference shall commence at the time mobilization begins VIII-10 3 and terminate after demobilization is completed for any task performed for Hastings hereunder. Upon request by Hastings, St. Paul shall provide to Hastings the most current billing rates for labor for each occupational group performing the work. Also upon request, St. Paul shall also provide to Hastings the most current equipment billing rates. 14. That Hastings shall be billed for parts and materials at St. Paul’s actual cost plus a markup of twenty percent (20%) to cover overhead and acquisition costs. 15. That Hastings will remit the sums payable to St. Paul within thirty (30) calendar days after its receipt of same. 16. That all written notices and other communications required hereunder shall be sent to: FOR ST. PAUL: Mike Lusian General Lead Electrician 899 N. Dale Street St. Paul, MN 55103 Phone: (651) 266-9777 Email: mike.lusian@ci.stpaul.mn.us FOR HASTINGS: Mark Peine Public Works Superintendent 1225 Progress Drive Hastings, MN 55033 Phone: (651) 480-6186 Email: mpeine@hastingsmn.gov 17. Either St. Paul or Hastings may terminate this agreement without cause upon thirty (30) days written notice from one to the other and any charges for Services rendered prior to the termination date shall survive until paid. 18. There shall be no assignment of this Agreement except under the written consent of the non-assigning party, which consent shall not be unreasonably withheld. 19. Except as provided in Paragraph 2, this agreement may be amended or any of its terms modified only by written amendment authorized and executed by St. Paul and Hastings. 20. Each party to this Agreement shall be liable for the acts of their own agents, volunteers or employees and results thereof to the extent authorized by law and shall not be responsible for the acts of the other party, its officers, agents, volunteers or employees. It is understood and agreed that the provisions of the Minn. Stat. § 471.59, the Municipal Tort Claims Act, Minn. Ch. 466 and other applicable laws govern liability arising from the VIII-10 4 parties’ acts or omissions. Each party warrants that they are able to comply with the aforementioned indemnity requirements through an insurance or self-insurance program and that each has minimum coverage consistent with the liability limits contained in Minn. Stat. Ch. 466. The provisions of this Section shall survive the expiration or termination of this Agreement. 21. St. Paul is and shall remain an independent contractor performed under this Agreement. St. Paul on behalf of its employees and agents shall at all times be free to exercise initiative, judgment and discretion as to how to best perform or provide services identified herein. St. Paul acknowledges and agrees that the St. Paul on behalf of its employees and agents is not entitled to receive any of the benefits received by City employees and is not eligible for workers’ or unemployment compensation benefits under the City. The St. Paul also acknowledges and agrees that no withholding or deduction for state or federal income taxes, FICA, FUTA, or otherwise, will be made from the payments due the St. Paul and that it is the St. Paul’s sole obligation to comply with the applicable provisions of all federal and state tax laws. 22. The parties agree that any information and data received from the other party during the term of this Agreement shall be treated and maintained in accordance with all applicable federal, state, and local laws, rules and regulations governing same, including but not limited to the provisions of the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13 and the Minnesota rules implementing the Act now in force or hereafter adopted. The St. Paul and the City agree to provide to each other data which is reasonably necessary to fulfill the purpose of this Agreement, provided such sharing of data is done in accordance with the Minnesota Government Data Practices Act and other state and federal law regulating the dissemination of data. St. Paul shall assist Hastings with respect to any request for documentation or reports or any other general assistance required pursuant to this Agreement. St. Paul shall elect to bill for Hastings for any costs related to requested documentation, reports and/or general assistance. VIII-10 5 APPROVED AS TO FORM: CITY OF HASTINGS __________________________________ By:____________________________________ Hastings City Attorney Date Mary Fasbender, Mayor Date By:____________________________________ Kelly Murtaugh, City Clerk Date VIII-10 6 APPROVED AS TO FORM: CITY OF SAINT PAUL __________________________________ By:____________________________________ St. Paul City Attorney’s Office Date Melvin Carter, Mayor Date By:__________________________________ Director, Department of Public Works Date By:__________________________________ Director, Office of Financial Services Date VIII-10 City Council Memorandum To: Mayor Fasbender & City Council Members From: Ryan Stempski – Public Works Director/City Engineer Date: November 7, 2022 Item: Declare Surplus Property and Authorize Sale Council Action Requested: The Council is requested to declare two pickup trucks from the Public Works Department as surplus property and authorize these items for public sale. Background Information: The trucks below have now been replaced with new pickup trucks authorized in the 2022 Budget and are no longer needed by the Public Works Department. Therefore, we would like to declare them as surplus/excess property:  1999 Chevrolet Silverado 1500 (VIN No. 2GCEC1902X1234415)  2004 Chevrolet Silverado 2500 (VIN No. 1GCHK29U74E191813) These trucks have been in use for well over 15 years and are now requiring heavy maintenance due to their age. The newer models are much more fuel efficient and provide safety features such as backup cameras and handsfree technology. Financial Impact: Neutral budgetary impact VIII-11 City Council Memorandum To: Mayor Fasbender & City Councilmembers From: Emily King, Deputy City Clerk Date: November 7, 2022 Item: Approve Hastings Social, LLC dba Hastings Tavern & Alley Cat Liquor Outdoor Tent Event with Liquor License Amendment Council Action Requested: Adopt the attached resolution for an outdoor tent event 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 an outdoor tent event application with liquor license amendment application for Sunday, November 13, 2022 from 11:00 a.m. to 6:00 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. • Access in alley between Sibley Street and Vermillion Street are accessible at all times for emergency access. • Alcoholic beverages may not be permitted outside of the designated/fenced area. • Handicap parking stall and path to liquor store entrance accessible. • 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 VIII-12 CITY OF HASTINGS DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 11 - - 22 RESOLUTION APPROVING OUTDOOR TENT EVENT APPLICATION WITH LIQUOR LICENSE AMENDMENT FOR AN EVENT HOSTED BY HASTINGS SOCIAL, LLC DBA HASTINGS TAVERN & ALLEY CAT LIQUOR 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 an outdoor tent event with a liquor license amendment to serve liquor within the confines of a fenced area on Sunday, November 13, 2022 from 11:00 a.m. to 6:00 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. • Access in alley between Sibley Street and Vermillion Street are accessible at all times for emergency access. • Alcoholic beverages may not be permitted outside of the designated/fenced area. • Handicap parking stall and path to liquor store entrance accessible. • Proof of insurance for the temporary sales must be received by City staff in advance of the events. 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 Outdoor Tent Event with a liquor license amendment is approved. ADOPTED BY THE CITY COUNCIL OF THE CITY OF HASTINGS, MINNESOTA THIS 7th DAY OF NOVEMBER 2022. ATTEST: _____________________________ Mary D. Fasbender, Mayor ____________________________ Kelly Murtaugh, City Clerk VIII-12 City Council Memorandum To: Mayor Fasbender & City Councilmembers From: Dan Wietecha, City Administrator Date: November 7, 2022 Item: Public Works Director Council Action Requested: Extension of Interim Public Works Director designation through April 30, 2023. Background Information: On October 18, 2021, the City Council named Ryan Stempski as Interim Public Works Director through December 2022. The Operations Committee has not yet met to discuss whether or how to proceed with the position. In order to get through a busy end-of-year, I recommend extending the interim designation through April 2023. Financial Impact: N/A Committee Discussion: Operations Committee (Vaughan*, Leifeld, Lund) briefly discussed the topic on May 3. Attachments: N/A VIII-13 City Council Memorandum To: City Council From: Eric Maass, AICP, EDFP, Economic Development Coordinator Date: November 2, 2022 Item: Adopt Resolution granting Business Subsidy and Purchase Agreement for PID 19-32002- 01-021. REQUEST: Adopt the attached resolution approving sale of property and related Purchase Agreement and Business Subsidy Agreements for the sale of land to Intek Plastics in support of their 60,200 s.f. building expansion. The 3.1 acre parcel is generally located west of Enterprise Avenue between Cranky Ape and the Water Tower (PID 19-32002-01-021): RECOMMENDATION: Staff recommends adoption of the resolution approving the proposed Business Subsidy Agreement and Purchase Agreement for PID 19-32002-01-021 with minor modifications as may be requested by the City Attorney. BACKGROUND INFORMATION: History: Intek Plastics is planning a 60,200 square feet addition 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 previously applied for and were approved for funding through the State of Minnesota’s Minnesota Investment Fund (MIF) and Job Creation Fund (JCF). The valuation of the proposed land to be sold is $208,000. That amount is what was included as the City’s contribution towards the applications for State funding. Those application was approved of by the City Council and were subsequently awarded a combined $1,700,000 in funding from the State of Minnesota. The Business Subsidy Agreement is necessary to outline criteria for awarding a business subsidy. For this project, the business subsidy is in the form of a reduced sale price of land to facilitate the expansion. The difference between the stated value and the sales price constitutes the amount of subsidy which will be structured in the form of a forgivable loan. This agreement is necessary as IX-01(a,b) a result of Minn. Stat., Sections 116J.993 to 116J.995 (“Business Subsidy Act”). The forgivable loan will be forgiven upon ten (10) years following the completion date of the project. Financial Impact: The City would sell the property for $1.00/acre to Intek Plastics, Inc for a total sales price of $3.00. As drafted, Intek Plastics would be responsible for all closing costs. Advisory Commission Discussion: HEDRA recommended unanimous approval of the proposed land sale. ATTACHMENTS: • Location Map • Resolution • Purchase Agreement • Business Subsidy Agreement 3rd Street IX-01(a,b) Location Map IX-01(a,b) 1 HASTINGS CITY COUNCIL RESOLUTION NO. _______________ A RESOLUTION APPROVING THE SALE OF PROPERTY TO INTEK PLASTICS, LLC FOR STORMWATER IMPROVEMENTS AND APPROVING THE RELATED PURCHASE AGREEMENT AND BUSINESS SUBSIDY AGREEMENT Council member ______ introduced the following Resolution and moved its adoption: WHEREAS, the City of Hastings (“City”) owns certain real property located in the City of Hastings, County of Dakota, State of Minnesota, legally described as follows: Lot 2, Block 1, Hastings Industrial Park No. 3, except the South 520 feet of Lot 2, Block 1, Hastings Industrial Park No. 3, according to the recorded plat thereof, Dakota County, Minnesota. Abstract Property PID: 19-32002-01-021 (“Property”); and WHEREAS, the City desires to sell the Property; and WHEREAS, Intek Plastics, LLC, a Minnesota limited liability company (“Developer”), desires to purchase the Property for the purpose of constructing a pond and other stormwater improvements, as articulated in the Purchase Agreement (“Purchase Agreement”) and the Business Subsidy Agreement (“Business Subsidy Agreement”) between the parties; and WHEREAS, on November 7, 2022, the City held a public hearing on the business subsidy for the sale of the Property and the City considered all of the information presented at the public hearing. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HASTINGS AS FOLLOWS: 1. The sale of the Property to Developer is in the public interest of the City and its people, furthers its general plan of economic development and furthers the aims and purposes of Minn. Stat. Sections 469.090 to 469.108; and the appropriate officials are authorized to take such action so as to effectuate such sale. 2. The City approves the Purchase Agreement, subject to minor modification as approved by the City Attorney, and the appropriate officials are authorized to take such action as to effectuate its execution and implementation. IX-01(a,b) 2 3. The City approves the Business Subsidy Agreement, subject to minor modification as approved by the City Attorney, and the appropriate officials are authorized to take such action as to effectuate its execution and implementation. 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 November 7, 2022, by the following vote: Ayes: Nays: Absent: Mary Fasbender, Mayor ATTEST: Kelly Murtaugh, City Clerk (City Seal) IX-01(a,b) STATE OF MINNESOTA ) COUNTY OF DAKOTA ) ss. CITY OF HASTINGS ) I, the undersigned, being the duly qualified and acting City Clerk of the City of Hastings, Minnesota, DO HEREBY CERTIFY, that I have carefully compared the attached copy of Resolution No. ________________ - A Resolution Approving the Sale of Property to Intek Plastics, LLC for Stormwater Improvements and Approving the Related Purchase Agreement and Business Subsidy Agreement, with the original on file in my office and the same is a full, true and complete transcript therefore. WITNESS, my hand as such City Clerk and the corporate seal of the City of Hastings this ____ day of , 20 . Kelly Murtaugh City Clerk SEAL IX-01(a,b) 1 PURCHASE AGREEMENT THIS PURCHASE AGREEMENT (this “Agreement”) is entered into as of , 2022 (the “Effective Date”), by and between the City of Hastings, a Minnesota municipal corporation (“City”), and Intek Plastics, LLC, a Minnesota limited liability company (“Buyer”). RECITALS Recital No. 1. City is the owner of certain real property located in Hastings, Dakota County, Minnesota, legally described on Exhibit A (the “Property”), attached hereto and incorporated herein by reference, with a tax assessed value according to Dakota County of $163,000.00 and estimated market value of $208,000.00. Recital No. 2. Buyer desires to purchase the Property from City. Recital No. 3. City will sell the Property to Buyer for $1.00 per acre on the terms and conditions of this Agreement. Recital No. 4. City believes that the sale of the Property pursuant to and in general fulfillment of this Agreement is in the vital and best interests of the City, will promote the health, safety, morals, and welfare of its residents, and will be in accord with the public purposes and provisions of the applicable State and local laws and requirements. NOW, THEREFORE, in consideration of the covenants and the mutual obligations contain herein, the parties hereby covenant and agree with each other as follows: 1. Sale. 1.1. Sale. Subject to the terms and provisions of this Agreement, City shall sell the Property to Buyer, and Buyer shall purchase the Property from City. 1.2. Purchase Price. The purchase price to be paid by Buyer to City for the Property shall be Three and no/100 Dollar ($3.00) (the “Purchase Price”) payable on the Closing Date subject to those adjustments, prorations and credits described in this Agreement, in cash or certified funds or by wire transfer pursuant to instructions from City or DCA Title, 7373 147th Street West, Apple Valley, MN 55124 (“Title”). 2. Available Surveys, Tests, and Reports. City will deliver to Buyer within ten (10) business days of the Effective Date, (a) copies of any surveys, soil tests, environmental reports, and any other studies and/or site analyses previously conducted on the Property and in the possession of City, and (b) copies of existing title work for the Property and in the possession of City (the “Due Diligence Materials”). City makes no representations or warranties regarding the accuracy of the Due Diligence Materials. If Buyer so requests, City shall request the preparers of any such surveys, soil tests, environmental reports, and any other studies and/or site analyses to re-issue or re-certify the same for the direct benefit of Buyer, at Buyer’s expense except as IX-01(a,b) 2 otherwise provided in this Agreement, so that Buyer may rely on such site analyses or surveys as if prepared for Buyer in the first instance, but City makes no representation as to whether any such reissuance or recertification will be available. 3. Buyer’s Investigations. For a period up to the Closing Date, City shall allow Buyer and Buyer’s agents access to the Property without charge and at all times for the purpose of Buyer’s investigation and testing of the Property, including surveying and testing of soil and groundwater (“Buyer’s Investigations”); provided, however, Buyer shall not perform any invasive testing unless (a) City gives its prior written approval of Buyer’s consultant that will perform the testing, which approval shall not be unreasonably withheld, conditioned or delayed, and (b) Buyer gives City reasonable prior notice of such testing. City shall have the right to accompany Buyer during any of Buyer’s Investigations of the Property. Buyer shall provide to City copies of all third-party, non-confidential written test results and reports conducted as part of Buyer’ Investigations. Except as otherwise provided herein, Buyer agrees to pay all of the costs and expenses associated with Buyer’s Investigations, to cause to be released any lien on the Property arising as a result of Buyer’s Investigations and to repair and restore, at Buyer’ expense, any damage to the Property caused by Buyer’s Investigations. Buyer shall indemnify and hold City and the Property harmless from all costs and liabilities, including, but not limited to, reasonable attorneys’ fees, arising from Buyer’ Investigations. The indemnification obligations provided herein shall survive the termination or cancellation of this Agreement. If this Agreement is terminated based upon any environmental condition as herein provided, and City requests, Buyer shall give City copies of any and all environmental reports obtained by Buyer, if any. 4. Insurance; Risk of Loss. City assumes all risk of destruction, loss or damage to the Property prior to the Closing Date. If, prior to the Closing Date, all or any portion of the Property or access thereto is condemned, taken by eminent domain, or damaged by cause of any nature, City shall immediately give Buyer written notice of such condemnation, taking or damage. After receipt of written notice of such condemnation, taking or damage (from City or otherwise), Buyer shall have the option (to be exercised in writing within thirty (30) days of receipt of such written notice from City) either (a) to require City to (i) convey the Property at Closing (as defined in Section 6) to Buyer in its damaged condition, upon and subject to all of the other terms and conditions of this Agreement without reduction of the Purchase Price, (ii) assign to Buyer at Closing all of City’s right, title and interest in and to any claims City may have to insurance proceeds, condemnation awards and/or any causes of action with respect to such condemnation or taking of or damage to the Property or access thereto, and (iii) pay to Buyer at Closing by certified or official bank check all payments made prior to the Closing Date under such insurance policies or by such condemning authorities, or (b) to terminate this Agreement by giving written notice of such termination to City, whereupon this Agreement shall be terminated and thereafter neither party shall have any further obligations or liabilities to the other, except for such obligations as survive termination of this Agreement. If the right to terminate this Agreement is not exercised in writing within such thirty (30) day period, such right shall be deemed to have been waived. City shall not designate counsel, appear in, or otherwise act with respect to the condemnation proceedings without Buyer’ prior written consent, which consent shall not be unreasonably withheld. IX-01(a,b) 3 5. Contingencies. 5.1. Buyer’s Contingencies. A. Unless waived by Buyer in writing, Buyer’s obligation to proceed to Closing shall be subject to (a) performance by City of its obligations hereunder, (b) the continued accuracy of City’s representations and warranties provided in Section 9.1, and (c) Buyer’s satisfaction, in Buyer’s sole discretion, as to the contingencies described in this Section 5.1 within the time periods set forth below: (1) On or before the Closing Date, Buyer shall have determined, in its sole discretion, that it is satisfied with (a) the results of and matters disclosed by Buyer’s Investigations, surveys, soil tests, engineering inspections, hazardous substance and environmental reviews of the Property and (b) all other inspections and due diligence regarding the Property, including any Due Diligence Materials. If Buyer has not terminated this Agreement on or before the Closing Date, the contingency set forth in this paragraph shall be deemed waived. (2) On or before the Closing Date, Buyer shall have determined the acceptability of the Property for its intended use and incidental uses thereto (collectively, the “Proposed Use”). All costs and expenses related to applying for and obtaining any governmental permits and approvals for the Property for the Proposed Use shall be the responsibility of the Buyer. If Buyer has not terminated this Agreement on or before the Closing Date, the contingency set forth in this paragraph shall be deemed waived. (3) On or before the Closing Date, Buyer shall have obtained all appropriate approvals and permits necessary for the Proposed Use on the Property, which approvals may include, without limitation, access permits, signage permits, building permits, required licenses (the “Approvals”). All costs and expenses related to the preparation of any documentation necessary to create any plans, specifications or the like shall be the responsibility of the Buyer. (4) On or before the Closing Date, Buyer shall have obtained all Land Use Entitlements. “Land Use Entitlements” means planning applications, including but not limited to, Plat, Site Plan, and Rezoning Approvals, obtained by Buyer for the Proposed Use. (5) On or before the Closing Date, and without limitation of the terms of Sections 5.1(A)(1), 5.1(A)(2), 5.1(A)(3) and 5.1(A)(4), Buyer shall be satisfied that they may develop the Property in accordance with a site plan, architectural plan, building plan, grading and drainage plan and other plans and specifications satisfactory to Buyer in their sole discretion. IX-01(a,b) 4 (6) On or before the Closing Date, Buyer shall have satisfied themselves, in Buyer’s sole discretion, that access to and from roads and the Property is adequate for the Proposed Use, including without limitation, access to the Property from the adjacent road, median cuts and curb cuts. (7) On or before the Closing Date, Buyer shall have satisfied themselves, in Buyer’s sole discretion, that water and gas mains, electric power lines, sanitary and storm sewers and other utilities are available to the Property and are adequate for the Proposed Use, such that only service lines must be extended to service the Property for water, gas, electric, sanitary and storm sewer and other utilities. (8) On or before the Closing Date, Buyer shall have received from Title an irrevocable commitment to issue a title insurance policy for the Property in a form and substance satisfactory to Buyer in Buyer’s sole discretion, not disclosing any encumbrance not acceptable to Buyer in Buyer’s sole discretion (the “Approved Commitment”). If Buyer has not terminated this Agreement on or before the Closing Date, the Closing set forth in this paragraph shall be deemed waived. (9) On or before the Closing Date, Buyer shall have received from Title an irrevocable commitment to issue a title insurance policy for the Property in the form of the Approved Commitment, subject only to such changes in title as are Permitted Encumbrances or as are acceptable to Buyer in Buyer’s sole discretion. (10) On or before the Closing Date, City shall have obtained releases of the Property from any and all mortgages or other monetary liens affecting any of the Property. (11) On or before the Closing Date, Buyer shall have determined that it is satisfied with the books and records in City’s possession, if any, including site plans, surveys, engineering or environmental reports associated with the Property. (12) On or before the Closing Date, Buyer shall have secured financing that is satisfactory to Buyer in Buyer’s sole discretion for the purpose of acquiring and constructing the Proposed Use. (13) On or before the Closing Date, Buyer may obtain a Survey for the Property certified to Buyer and Title. (14) On or before the Closing Date, Buyer shall have obtained any necessary company approval of the transaction. IX-01(a,b) 5 (15) On or before the Closing Date, the parties shall have entered into a Stormwater Management Facilities Agreement for the Property. (16) On or before the Closing Date, the parties shall have entered into a Business Subsidy Agreement for the Property. (17) On or before the Closing Date, Buyer shall have approved the forms of all closing documents. (18) City shall have performed and satisfied all agreements, covenants and conditions required pursuant to this Agreement to be performed and satisfied by City prior to the Closing Date. (19) All representations and warranties of City contained in this Agreement shall be accurate as of the Closing Date. The foregoing contingencies are for Buyer’s sole and exclusive benefit and one (1) or more may be waived in writing by Buyer in its sole discretion. City shall reasonably cooperate with Buyer’s efforts to satisfy such contingencies, at no out of pocket cost to City or assumption of any obligation or liability by Buyer except as otherwise provided herein. Buyer shall bear all cost and expense of satisfying Buyer’s contingencies. If any of the foregoing contingencies have not been satisfied on or before the applicable date, then this Agreement may be terminated, at Buyer’s option, by written notice from Buyer to City. Such written notice must be given on or before the applicable date, or Buyer’s right to terminate this Agreement pursuant to this Section shall be waived. Upon termination, neither party shall have any further rights or obligations against the other regarding this Agreement or the Property, except for such obligations as survive termination of this Agreement. B. If Buyer elects not to exercise any of the contingencies set out herein, such election may not be construed as limiting any representations or obligations of City set out in this Agreement, including, without limitation, any indemnity or representations with respect to environmental matters. 5.2. City’s Contingencies. City’s obligation to proceed to Closing shall be subject to the satisfaction, on or prior to the Closing Date, of each of the following conditions: A. On or before the Closing Date, City shall approve the sale of the Property for the Purchase Price. B. Buyer shall have performed and satisfied all agreements, covenants and conditions required pursuant to this Agreement to be performed and satisfied by Buyer prior to the Closing Date. IX-01(a,b) 6 C. All representations and warranties of Buyer contained in this Agreement shall be accurate as of the Closing Date. D. There shall be no uncured default by Buyer of any of its obligations under this Agreement as of the Closing Date, not otherwise waived by City. E. On or before the Closing Date, the parties shall have entered into a Stormwater Management Facilities Agreement for the Property. F. On or before the Closing Date, the parties shall have entered into a Business Subsidy Agreement for the Property. If any contingency contained in this Section 5.2 has not been satisfied on or before the date described herein, and if no date is specified, then the Closing Date, then this Agreement may be terminated by written notice from City to Buyer. If termination occurs all documents deposited by Buyer shall be immediately returned to Buyer, and all documents deposited by City shall be immediately returned to City and neither party will have any further rights or obligations with respect to this Agreement or the Property, except for such obligations that survive termination of this Agreement. All the contingencies in this Section 5.2 are specifically for the benefit of City, and City shall have the right to waive any contingency in this Section 5.2 by written notice to Buyer. 6. Closing. The closing of the purchase and sale contemplated by this Agreement (the “Closing”) shall occur on or before September 30, 2023, unless otherwise agreed to by the parties (the “Closing Date”). City agrees to deliver legal and actual possession of the Property to Buyer on the Closing Date. 6.1. City’s Closing Documents and Deliveries. On the Closing Date, City shall execute and/or deliver, as applicable, to Buyer the following: A. Warranty Deed. A general warranty deed conveying title to the Property to Buyer, free and clear of all encumbrances, except the Permitted Encumbrances (the “Deed”). The Deed shall include as a covenant running with the land the conditions contained in Sections 10.7, 11 and 14.3 relating to the use of the Property. If the covenant is violated the authority may declare a breach of the covenant and seek a judicial decree from the district court declaring a forfeiture and a cancellation of the Deed. B. Stormwater Management Faculties Agreement. City and Buyer shall enter into a Stormwater Management Facilities Agreement for the Property. C. Business Subsidy Agreement. City and Buyer shall enter into a Business Subsidy Agreement for the Property. IX-01(a,b) 7 D. Bring Down Certificate. City shall provide Buyer with a certificate recertifying that the representations and warranties of City contained in this Agreement are true and correct as of the Closing Date. E. FIRPTA Affidavit. An affidavit of City certifying that City is not a “foreign person”, “foreign partnership”, foreign trust”, “foreign estate” or “disregarded entity” as those terms are defined in Section 1445 of the Internal Revenue Code of 1986, as amended. F. City’s Affidavit. A standard owner’s affidavit (ALTA form) from City which may be reasonably required by Title to issue an owner’s policy of title insurance with respect to the Property with the so-called “standard exceptions” deleted. G. Settlement Statement. A settlement statement with respect to this transaction. H. Copies of Resolutions. City shall provide Buyer with copies of the resolutions for the various City and/or City public meetings showing City and/or various City commissions and/or councils have approved this transaction, Buyer’ CUP, Buyer’ site plan, zoning, and such other governmental approvals as may be required for Buyer’ Proposed Use. I. General Deliveries. All other documents reasonably determined by Title to be necessary to transfer the Property to Buyer and to evidence that City (a) has satisfied all monetary indebtedness with respect thereto, (b) has obtained such termination statements or releases from such secured creditors as may be necessary to ensure that the Property is subject to no monetary liens, (c) has obtained all consents from third parties necessary to effect City’s performance of the terms of this Agreement, including, without limitation, the consents of all parties holding an interest in the Property, (d) has provided such other documents as are reasonably determined by Title to be necessary to issue policies of title insurance to Buyer with respect to the Property with the so-called “standard exceptions” deleted, and (e) has duly authorized the transactions contemplated hereby. 6.2. Buyer Closing Documents and Deliveries. On the Closing Date, Buyer shall execute and/or deliver, as applicable, to City the following: A. Payment of Purchase Price. The Purchase Price, in accordance with the terms of Section 1.2. B. Stormwater Management Faculties Agreement. City and Buyer shall enter into a Stormwater Management Facilities Agreement for the Property. C. Business Subsidy Agreement. City and Buyer shall enter into a Business Subsidy Agreement for the Property. IX-01(a,b) 8 D. Bring-Down Certificate. A certificate dated as of the Closing Date, signed by an authorized officer of Buyer, certifying that the representations and warranties of Buyer contained in this Agreement are true as of the Closing Date. E. Settlement Statement. A settlement statement with respect to this transaction. F. FIRPTA Affidavit. An affidavit of Buyer certifying that Buyer is not a “foreign person”, “foreign partnership”, foreign trust”, “foreign estate” nor a “disregarded entity” as those terms are defined in Section 1445 of the Internal Revenue Code of 1986, as amended. G. Buyer’s Affidavit. A standard owner’s affidavit (ALTA form) from Buyer which may be reasonably required by Title to issue an owner’s policy of title insurance with respect to the Property with the so-called “standard exceptions” deleted. H. Evidence of Authority. Buyer shall provide City with copies of the resolutions showing Buyer has met with necessary requirements to acquire the Property in accordance with this Agreement together with such proceedings, instruments and documents as may be reasonably required by Title as a condition precedent to issuing the Title Policy in Buyer’s name. I. General Deliveries. All other documents reasonably determined by Title to be necessary to evidence that Buyer has duly authorized the transactions contemplated hereby and evidence the authority of Buyer to enter into and perform this Agreement and the documents and instruments required to be executed and delivered by Buyer pursuant to this Agreement, or may be required of Buyer under applicable law, including any purchaser’s affidavits or revenue or tax certificates or statements. 7. Prorations. City and Buyer agree to the following prorations and allocation of costs regarding this Agreement: 7.1. Real Estate Taxes and Special Assessments. General real estate taxes applicable to any of the Property due and payable in the year of Closing shall be prorated between City and Buyer on a daily basis as of 12:00 a.m. CT on the Closing Date based upon a calendar fiscal year, with City paying those allocable to the period prior to the Closing Date and Buyer being responsible for those allocable to the Closing Date and subsequent thereto. City shall pay in full all special assessments (and charges in the nature of or in lieu of such assessments) certified, levied, pending, postponed or deferred, or constituting a lien against the Property with respect to any of the Property as of the Closing Date. Buyer shall be responsible for any special assessments that are levied or become pending against the Property after the Closing Date, including, without limitation, those related to Buyer’s development of the Property. IX-01(a,b) 9 7.2. Title Evidence, Survey and Closing Fee. Buyer shall pay all costs of the Commitment with respect to the Property, all costs of the Survey, if any, all premiums for any title insurance policy it desires with respect to the Property and all closing fees or charges imposed by Title. 7.3. Recording Costs. City shall pay the cost of recording all documents necessary to cure any Objections, as hereinafter defined. Buyer shall pay all recording costs with respect to the recording of the Deed, and any related development and planning documents, and for the recording of any mortgage required by Buyer, if any, and any mortgage registration tax, if any. 7.4. Transfer Taxes. Buyer shall pay all state deed tax regarding the Deed. 7.5. Utilities. All utility expenses, including water, fuel, gas, electricity, sewer and other services furnished to or provided for the Property, if any, shall be prorated between City and Buyer on a daily basis as of the Closing Date, with City paying those allocable to the period prior to the Closing Date and Buyer being responsible for those allocable to the Closing Date and subsequent thereto. 7.6. Attorneys’ Fees. City and Buyer shall each pay its own attorneys’ fees incurred in connection with this transaction, except as otherwise specifically set forth in this Agreement. 7.7. Survival. The obligations set forth in this Section 7 survive the Closing. 8. Title Examination. (i) Buyer shall, at Buyer’s expense, order a current and updated title commitment for an owner’s title insurance policy (ALTA Form 2006) issued by Title for the Property, and copies of all encumbrances described in the commitment (the “Commitment”); and, if desired, (ii) by the Closing Date, Buyer may at its sole option obtain, at Buyer’s expense, an ALTA-certified survey bearing the legal description of the Property, and showing the area, dimensions and location of the Property and the matters shown in the Commitment (the “Survey” and, together with the Commitment, the “Title Evidence”). 8.1. Buyer’s Objections. Within ten (10) days after Buyer’s receipt of the last of the Title Evidence, Buyer may make written objections (“Objections”) to the form or content of the Title Evidence. The Objections may include, without limitation, any easements, restrictions or other matters which may interfere with the Proposed Use of the Property or matters which may be revealed by the Survey. Any matters reflected on the Title Evidence which are not objected to by Buyer within such time period or waived by Buyer in accordance with Section 8.2(B) shall be deemed to be permitted encumbrances (“Permitted Encumbrances”). Notwithstanding the foregoing, the following items shall be deemed Permitted Encumbrances: (a) Covenants, conditions, restrictions (without effective forfeiture provisions) and declarations of record which do not interfere with the Proposed Use, if any; (b) Reservation of minerals or mineral rights by the State of Minnesota, if any; (c) Utility and drainage easements which do not interfere with the Proposed Use; and (d) IX-01(a,b) 10 Applicable laws, ordinances, and regulations. Buyer shall have the renewed right to object to the Title Evidence as the same may be revised or endorsed from time to time. 8.2. City’s Cure. City shall be allowed twenty (20) days after the receipt of Buyer’s Objections to cure the same but shall have no obligation to do so. If such cure is not completed within said period, or if City elects not to cure such Objections, Buyer shall have the option to do any of the following: A. Terminate this Agreement with respect to all of the Property. B. Waive one or more of its objections and proceed to Closing. If Buyer so terminates this Agreement, neither City nor Buyer shall be liable to the other for any further obligations under this Agreement (except for such obligations as survive termination of this Agreement). 9. Warranties and Representations. 9.1. By City. City warrants and represents the following to Buyer, and acknowledges that Buyer has relied on such representations and warranties in agreeing to enter into this Agreement: A. This Agreement has been duly executed and delivered and constitutes the legal, valid and binding obligation of City enforceable in accordance with its terms. City 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 City pursuant hereto. This Agreement and the documents and instruments required to be executed and delivered by City pursuant hereto have each been duly authorized by all necessary action on the part of City and such execution, delivery and performance does and will not conflict with or result in a violation of City’s organizational agreement or any judgment or order. B. The execution, delivery and performance by City 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 City, 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 City is a party or by which it or any of its properties may be bound. C. To City’s knowledge, except as contemplated herein, no order, consent, approval, license, authorization or validation of, or filing, recording or registration with, or exemption by, any governmental or public body or authority, IX-01(a,b) 11 or any other entity, is required on the part of City to authorize, or is required in connection with, the execution, delivery and performance of, or the legality, validity, binding effect or enforceability of, this Agreement. D. To City’s knowledge, there are no actions, suits or proceedings pending or threatened against or affecting City or any of its properties, before any court or arbitrator, or any governmental department, board, agency or other instrumentality which in any of the foregoing (a) challenges the legality, validity or enforceability of this Agreement, or (b) if determined adversely to City, would have a material adverse effect on the ability of City to perform its obligations under this Agreement. E. City has not received written notice, and has no knowledge, of (a) any pending or contemplated annexation or condemnation proceedings, or purchase in lieu of the same, affecting or which may affect all or any part of the Property, (b) any proposed or pending proceeding to change or redefine the zoning classification of all or any part of the Property, (c) any proposed changes in any road patterns or grades which would adversely and materially affect access to the roads providing a means of ingress or egress to or from all or any part of the Property, or (d) any uncured violation of any legal requirement, restriction, condition, covenant or agreement affecting all or any part of the Property or the use, operation, maintenance or management of all or any part of the Property. F. To City’s knowledge, there are no wells, underground or above ground storage tanks of any size or type, or sewage treatment systems located on any portion of the Property. To City’s knowledge, there has been no methamphetamine production on or about any portion of the Property. To City’s knowledge, the sewage generated by the Property, if any, goes to a facility permitted by the Minnesota Pollution Control Agency and there is no “individual sewage treatment system” (as defined in Minnesota Statutes § 115.55, Subd. 1(g)) located on the Property. G. City is not a “foreign person,” “foreign corporation,” “foreign trust,” “foreign estate” or “disregarded entity” as those terms are defined in Section 1445 of the Internal Revenue Code. H. To City’s knowledge, except as may be disclosed as part of the Due Diligence Materials, (i) no condition exists on the Property that may support a claim or cause of action under any Environmental Law (as defined below) and there are no Hazardous Substances (as defined below) on the Property, (ii) there has been no release, spill, leak or other contamination or otherwise onto the Property, and (iii) there are no restrictions, clean ups or remediation plans regarding the Property. To City’s knowledge, except as may be disclosed as part of the Due Diligence Materials, there is no buried waste or debris on any portion of the Property. “Environmental Law” shall mean (a) the Comprehensive Environmental Response Compensation and Liability Act of 1980, 42 U.S.C. § 9601-9657, as amended, or IX-01(a,b) 12 any similar state law or local ordinance, (b) the Resource Conservation and Recovery Act of 1976, 42 U.S.C. § 6901, et seq., (c) the Federal Water Pollution Control Act, 33 U.S.C. § 1251 et seq., (d) the Clean Air Act, 42 U.S.C. § 7401, et seq., (e) the Toxic Substances Control Act, 15 U.S.C. § 2601 et seq., (f) the Safe Drinking Water Act, 42 U.S.C. § 300(f) et seq., (g) any law or regulation governing aboveground or underground storage tanks, (h) any other federal, state, county, municipal, local or other statute, law, ordinance or regulation, including, without limitation, the Minnesota Environmental Response and Liability Act, Minn. Stat. § 115B.01, et seq., (i) all rules or regulations promulgated under any of the foregoing, and (j) any amendments of the foregoing. “Hazardous Substances” shall mean polychlorinated biphenyls, petroleum, including crude oil or any fraction thereof, petroleum products, heating oil, natural gas, natural gas liquids, liquefied natural gas or synthetic gas usable for fuel, and shall include, without limitation, substances defined as “hazardous substances,” “toxic substances,” “hazardous waste,” “pollutants or contaminants” or similar substances under any Environmental Law. I. To City’s knowledge, there are no leases, tenancies unrecorded agreements or other contracts of any nature or type relating to, affecting or serving the Property that will not be terminated as of the Closing Date. J. There will be no indebtedness or sums due attributable to the Property which will remain unpaid after the Closing Date. As used in this Agreement, the term “to City’s knowledge” shall mean and refer to only the current actual knowledge of the designated representative of City and shall not be construed to refer to the knowledge of any other officer, manager, director, agent, authorized person, employee or representative of City, or any affiliate of City, or to impose upon such designated representative any duty to investigate the matter to which such actual knowledge or the absence thereof pertains, or to impose upon such designated representative any individual personal liability. As used herein, the term “designated representative” shall refer to John Hinzman. City represents and warrants that the foregoing individual is the representative of City most knowledgeable regarding the Property. The representations, warranties and other provisions of this Section 9.1 shall survive Closing; provided, however, City shall have no liability with respect to any breach of a particular representation or warranty if Buyer shall fail to notify City in writing of such breach within two (2) years after the Closing Date, and provided further that City shall have no liability with respect to a breach of the representations and warranties set forth in this Agreement if Buyer has actual knowledge of City’s breach thereof prior to Closing and Buyer consummates the acquisition of the Property as provided herein. Buyer acknowledges and agrees that, except as expressly specified in this Agreement and/or in any documents executed and delivered by City at Closing, City has not made, and City hereby specifically disclaims, any representation, warranty or covenant of any kind, oral or written, expressed or implied, or rising by operation of law, with respect IX-01(a,b) 13 to the Property, including, but not limited to, any warranties or representations as to the habitability, merchantability, fitness for a particular purpose, title, zoning, tax consequences, physical or environmental condition, utilities, valuation, governmental approvals, the compliance of the Property with governmental laws, or any other matter or item regarding the physical condition of the Property. Buyer agrees that except as expressly specified in this Agreement and/or in any documents executed and delivered by City at Closing, Buyer shall accept the Property and acknowledges that the sale of the Property as provided for herein is made by City on an “AS IS,” “WHERE IS,” and “WITH ALL FAULTS” basis. Buyer is an experienced purchaser of property such as the Property and Buyer has made or will make its own independent investigation of the Property. The limitations set forth in this paragraph shall survive the Closing and shall not merge in the deed. 9.2. By Buyer. Buyer warrants and represents the following to City, and acknowledges that City has relied on such representations and warranties in agreeing to enter into this Agreement: A. Buyer is a limited liability company, duly organized and in good standing under the laws of the state of Minnesota and is not in violation of any provisions of its company documents or its operating agreement. B. Buyer has all requisite authority to enter into this Agreement and to perform all of its obligations under this Agreement. C. The execution, delivery and performance by Buyer 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 Buyer, (b) violate or contravene any provision of the articles of incorporation or bylaws of Buyer, or (c) 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 Buyer is a party or by which it or any of its properties may be bound. D. Buyer have received no notice or communication from any local, state or federal official that the activities of the Buyer or City on the Property may be or will be in violation of any environmental law or regulation. Buyer is aware of no facts, the existence of which would cause it to be in violation of any local, state, or federal environmental law, regulation or review procedure or which give any person a valid claim under any of the foregoing. E. Buyer shall have satisfied the terms and conditions contained in this Agreement prior to the Closing Date or posted surety bonds for future fulfillment of all requirements contained in this Agreement. The representations, warranties and other provisions of this Section 9.2 shall survive Closing; provided, however, Buyer shall have no liability with respect to any breach of a particular IX-01(a,b) 14 representation or warranty if City shall fail to notify Buyer in writing of such breach within two (2) years after the Closing Date. 10. Additional Obligations of City. 10.1. Licenses and Permits. City shall transfer to Buyer all transferable rights, if any, in any permits or licenses held by City with respect to the Property. 10.2. Condition of the Property at Closing. On the Closing Date, City shall deliver to Buyer exclusive vacant possession of the Property. 10.3. Further Assurances. From and after the Closing Date, City agrees to execute, acknowledge and deliver to Buyer such other documents or instruments of transfer or conveyance as may be reasonably required to carry out its obligations pursuant to this Agreement. 10.4. Non-Assumption of Contracts or Other Obligations. The parties understand and agree that Buyer is only acquiring certain of City’s real property assets and that this Agreement and any related agreements shall not be construed to be in any manner whatsoever an assumption by Buyer of any agreements, indebtedness, obligations or liabilities of City which are owing with respect to the operation of the Property prior to the Closing Date. 10.5. Mortgages. On or before the Closing Date, City shall satisfy all mortgage and/or lien indebtedness with respect to all or any portion of the Property and shall obtain recordable releases of the Property from any and all such mortgages or other liens affecting all or any portion of the Property. 10.6. Zoning; Other Approvals. Buyer may elect to seek certain Approvals as defined in Section 5.1(A)(3) and Land Use Entitlements as defined in Section 5.1(A)(4) in order for Buyer to develop the Property for the Proposed Use. City, at no out-of-pocket cost to City, or the assumption of any obligations or liabilities by City, will reasonably cooperate with Buyer’s efforts to obtain the Approvals and Land Use Entitlements at or prior to Closing. City hereby grants Buyer the right to file and prosecute applications and petitions for the Approvals, Land Use Entitlements and any special use permits and variances desired by Buyer; provided, however, any special use permits or variances shall be contingent on the occurrence of the Closing and shall not be binding upon City or the Property unless and until the Closing occurs. City, at no out-of-pocket cost to City, or the assumption of any obligations or liabilities by City, agrees to cooperate with Buyer in the filing and prosecution of such applications and petitions, including the filing of the same in City’s name, if required. IX-01(a,b) 15 10.7. Certificate of Completion. A. As part of the development of the Property, Buyer will be constructing a pond and other stormwater improvements (“Minimum Improvements”) pursuant to the final plans submitted by Buyer to the City (“Construction Plans”). B. After substantial completion of the Minimum Improvements in accordance with the Construction Plans and all terms of this Agreement, City will furnish Buyer with a Certificate of Completion. Such certification by City shall be a conclusive determination of satisfaction and termination of the agreements and covenants in this Agreement and in the Deed with respect to the obligations of Buyer to construct the Minimum Improvements and the dates for the beginning and completion thereof. The Certificate of Completion shall only be issued after issuance of a certificate of occupancy by the City. C. The Certificate of Completion provided for in this Section 10.7 shall be in such form as will enable it to be recorded in the proper county office in Dakota County, Minnesota for the recordation of deeds and other instruments pertaining to the Property. If City shall refuse or fail to provide such certification in accordance with the provisions of this Section 10.7, City shall, within thirty (30) days after written request by Buyer, provide Buyer with a written statement, indicating in adequate detail in what respects Buyer have failed to complete the Minimum Improvements in accordance with the provisions of the Agreement, or is otherwise in default of a material term of this Agreement, and what measures or acts will be necessary, in the reasonable opinion of City, for Buyer to take or perform in order to obtain such certification. D. Reconstruction of Minimum Improvements. If the Minimum Improvements are damaged or destroyed before completion thereof and issuance of a Certificate of Completion, to the extent payment is actually made to Buyer under a valid and collectible insurance policy in connection with such specific claim, issue or matter, Buyer agrees, for itself and its successors and assigns, to reconstruct the Minimum Improvements within one (1) year of the date of the damage or destruction. The Minimum Improvements shall be reconstructed in accordance with the approved Construction Plans, or such modifications thereto as may be requested by Buyer and approved by City, which approval will not be unreasonably withheld. Buyer’s obligation to reconstruct the Minimum Improvements pursuant to this Section 10.7(D) shall end when the Certificate of Completion is issued. This Section 10.7 shall survive Closing. 11. Prohibition Against Sale; Encumbrances. 11.1 Prohibition Against Sale of Minimum Improvements for Ten (10) Years. Buyer represent and agree that their use of the Property and other undertakings pursuant to IX-01(a,b) 16 the Agreement, are, and will be, for the purpose of development of the Property and not for speculation in land holding. Buyer further recognizes that in view of the importance of the construction of the Minimum Improvements on the Property to the general welfare of the City and the substantial assistance that has been made available by City for the purpose of making such development possible, the fact that any act or transaction involving or resulting in a significant change in the identity of Buyer are of particular concern to City. Buyer further recognizes that it is because of such qualifications and identity that City is entering into the Agreement with Buyer, and, in so doing, is further willing to accept and rely on the obligations of Buyer for the faithful performance of all undertakings and covenants hereby by it to be performed. For the foregoing reasons, Buyer represent and agree that, prior to the issuance of the Certificate of Completion, there shall be no sale of the Property or the Minimum Improvements by Buyer for ten (10) years from the Closing Date nor shall Buyer suffer any such sale to be made, without the prior written approval of City. A. As security for the obligations of Buyer under this Agreement, Buyer represents and agrees that prior to the issuance of the Certificate of Completion, Buyer will maintain its existence as a Minnesota limited liability company and shall not consolidate with or merge into another entity and shall not dissolve or otherwise dispose of all or substantially all of its assets except as permitted by this Agreement. Nothing herein shall prevent Buyer from selling or issuing additional membership interests in Buyer. Buyer and any entity succeeding to all or part of Buyer’s rights in the Minimum Improvements or any part under this Section (“Successor Buyer”) may consolidate with or merge into another entity or sell or otherwise transfer to a company or limited liability company, or other legal entity, or an individual, all or any part of its interest in this Agreement and the Minimum Improvements and thereafter be discharged from liability hereunder to the extent of the interest so transferred, if Buyer or such Successor Buyer, as applicable, is not in default of any of its material obligations under this Agreement, if the transferee company, limited liability company, entity or individual enters into a written agreement assuming all of the obligations of Buyer under this Agreement not retained by Buyer, if any, with respect and to the extent of the interest so transferred, in form and substance reasonably acceptable to City, and the transferee company, limited liability company, entity or individual is financially capable of and has experience in performing the obligations of Buyer under this Agreement and is approved by City. In the event of a consolidation, merger or sale in accordance with this subsection, Buyer or other transferor shall not be liable for any actions of the Successor Buyer or purchaser or have any liability under this Agreement with respect to matters arising subsequent to such consolidation, merger or sale which relate to the interest so transferred. B. Buyer or any Successor Buyer may not sell, transfer, lease or convey the Property and its rights and obligations under this Agreement with respect to such parcel to another entity, whether or not such Successor Buyer is under common management and control with Buyer, or is related to Buyer, except in accordance with the terms of this Agreement. Except as provided in Section 11.1 IX-01(a,b) 17 no such sale, transfer, conveyance or lease shall be effective or recognized for any purpose hereunder, unless: (1) The Successor Buyer will assume all of Buyer’s obligation under any agreement relative to a credit provider and the Successor Buyer is approved by the credit provider and enters into a written assumption agreement reasonably acceptable to the credit provider; and (2) The Successor Buyer will assume all of Buyer’s financial obligations to City and the Successor Buyer is approved by City and enters into a written assumption agreement in form and substance reasonably acceptable to City. 11.2 Limitation Upon Encumbrance of Property. Prior to the issuance of the Certificate of Completion, except for financing approved by City pursuant to Section 5.1(A)(12), Buyer agrees not to engage in any financing creating any mortgage or other encumbrance or lien upon the Property or the Minimum Improvements, whether by express agreement or operation of law, or suffer any encumbrance or lien to be made on or attached to the Property or the Minimum Improvements, other than the liens or encumbrances directly and solely related to construction of the Minimum Improvements and approved by City, which approval shall not be withheld or delayed unreasonably if City determines that such lien or encumbrance will not threaten its security in the Property or the Minimum Improvements. This Section 11 shall survive Closing. 12. Commissions. It is acknowledged that there is not a broker for City or Buyer. 13. Notice. Any notice to be given by one party hereto shall be personally delivered (including messenger delivery), by email at the address set forth below, or be sent by registered or certified mail, or by a nationally recognized overnight courier which issues a receipt, in each case postage prepaid, to the other party at the addresses in this Section (or to such other address as may be designated by notice given pursuant to this Section), and shall be deemed given upon personal delivery, three (3) days after the date postmarked, one (1) business day after delivery to such overnight courier, or immediately upon personal delivery or delivery by email. Attorneys for each party shall be authorized to give and receive notices for each such party. If to City: City of Hastings Attn: John Hinzman 101 4th Street East Hastings, MN 55033 with a copy to: Korine L. Land LeVander, Gillen & Miller, P.A. 1305 Corporate Center Drive, Suite 300 Eagan, MN 55121 IX-01(a,b) 18 If to Buyer: Intek Plastics, LLC Attn: 1700 Gervais Avenue Maplewood, MN 55109 14. Default; Remedies. 14.1 Events of Default Defined. Each and every one of the following shall be an Event of Default under this Agreement: A. Failure by City or Buyer to proceed to Closing on the Property after compliance with or the occurrence of all conditions precedent to Closing; B. Failure by Buyer to commence and complete construction of the Minimum Improvements, unless such failure is caused by an Unavoidable Delay. “Unavoidable Delays” means delays beyond the reasonable control of the party seeking to be excused, which are the direct result of strikes, other labor troubles, weather, fire, or other casualty to the Minimum Improvements; litigation commenced by third parties which, by injunction or other similar judicial action, results in delays, or acts of any federal, state or local governmental unit (other than City in exercising its rights under this Agreement) that result in delays; C. Failure by Buyer to pay real estate taxes or special assessments on the Property and Minimum Improvements as they become due; D. Use by Buyer or others of the Minimum Improvements for purposes other than those contemplated and permitted by this Agreement; E. Transfer or Sale of the Property or the Minimum Improvements or any part thereof by Buyer in violation of Section 11.1 of this Agreement and without the prior written permission by City; F. If Buyer shall file a petition in bankruptcy, or shall make an assignment for the benefit of its creditors or shall consent to the appointment of a receiver; or G. Failure by any party to observe or perform any material covenant, condition, obligation or agreement on its part to be observed or performed under this Agreement. 14.2 Remedies on Default. Whenever any Event of Default referred to in Section 14.1 of this Agreement occurs, the non-defaulting party may take any one or more of the following actions after providing thirty (30) days’ written notice to the defaulting party of the Event of Default, but only if the Event of Default has not been cured within said thirty (30) days or, if the Event of Default is by its nature incurable within thirty (30) IX-01(a,b) 19 days, the defaulting party does not provide assurances to the non-defaulting party reasonably satisfactory to the non-defaulting party that the Event of Default will be cured and will be cured as soon as reasonably possible: A. Suspend its performance under this Agreement, including refusing to close on the Property, until it receives assurances from the defaulting party, deemed adequate by the non-defaulting party, that the defaulting party will cure its default and continue its performance under this Agreement; B. Terminate or rescind this Agreement; C. If the default occurs prior to completion of the Minimum Improvements and remains uncured following the cure period, City may withhold the Certificate of Completion; D. If the Property is sold prior to the 10-year expiration in Section 11.1 without prior consent of City or the new owner fails to comply with the terms and conditions of this Agreement for the Minimum Improvements, Buyer shall pay City the Tax Assessed Value of the Property; or E. Take whatever action, including legal or administrative action, which may appear necessary or desirable to the non-defaulting party to collect any payments due under this Agreement, or to enforce performance and observance of any obligation, agreement, or covenant of the defaulting party under this Agreement. 14.3 Revesting Title in City on Failure to Commence Construction Subsequent to Conveyance to Buyer. If Buyer fails to commence construction pursuant to this Agreement within one (1) year from the Closing Date, City shall have the right to re-enter and take possession of the Property and to terminate the estate conveyed in the Deed to Buyer, it being the intent of this provision that the conveyance of the Property to Buyer shall be made upon and a deed containing a condition subsequent to the effect that in the event that Buyer fails to commence construction pursuant to this Agreement and fails to request and receive additional time for commencement, City at is option, may declare a termination in favor of City of the title and of all the rights and interests in and to the Property conveyed to Buyer. In such circumstances, all title, rights and interests of Buyer and any assigns or successors in interest to and in the Property, shall revert to City, and Buyer shall execute a Quit Claim Deed to City within 30 days of such notice of termination. If Buyer does commence construction pursuant to this Agreement within one year from the Closing Date, a Release of Right to Re-enter and Revest shall be filed with Office of the County Recorder in and for the County of Dakota and State of Minnesota memorializing the commencement of Minimum Improvements and releasing Buyer from City’s right to re-enter and take possession of the parcel and to terminate the estate conveyed in the Deed to Buyer, although all additional covenants and provisions of this Agreement and the Deed shall remain in effect. IX-01(a,b) 20 14.4 No Remedy Exclusive. No right or remedy herein conferred upon or reserved to the parties is intended to be exclusive of any other available right or remedy herein or provided by law, but each and every such remedy shall be cumulative and shall be in addition to every other right or remedy given under this Agreement or now or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. In order to entitle City or Buyer to exercise any remedy reserved to it, it shall not be necessary to give notice, other than such notice as may be required in Section 14.2 of this Agreement. 14.5 No Additional Waiver Implied by One Waiver. In the event any covenant or agreement contained in this Agreement should be breached by either party and thereafter waived by the other party, 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. Nothing in this Section 14 shall in any way affect or diminish Buyer’s right to terminate this Agreement in accordance with Section 5.1. 15. Other Obligations of Buyer. 15.1 Building Permit Fees. Buyer acknowledges that building permit fees may be payable by Buyer or Successor Buyer for Minimum Improvements. 15.2 Administrative Costs. City has incurred and will continue to incur administrative costs in reviewing, analyzing, negotiating and studying the Minimum Improvements and this Agreement. In consideration of the time, effort and expenses to be incurred in pursuing the undertakings set forth herein, on or before execution of this Agreement, Buyer agrees to pay a $2,000 deposit for the costs of certain consulting fees, including planning, financial, attorneys, engineering, testing and any special meetings. If the obligations of Buyer under this Agreement result in a complete depletion of the $2,000 cash deposit, then the balance owed shall be due and payable at Closing. If, after completion of the tasks contemplated by this Agreement and if, after appropriate payment to City, there remains on deposit any sum, then such sum shall be paid over to Buyer by City within 30 days after such completion and payment. If Buyer terminates this Agreement because of City’s default, Buyer shall be entitled to payment of any remaining balance. If City terminates this Agreement because of Buyer’s default, the deposit shall be retained by City. 15.3 Miscellaneous Requirements. Any additional requirements as specified by City are incorporated herein. IX-01(a,b) 21 15.4 Business Subsidy. A. Business Subsidy. City and Buyer agree that the value of the Property in its current improved state is at least $208,000.00. However, the Buyer has stated that it is unable to pay the market value for the purchase of the Property. The Business Subsidy comprises of a forgivable loan in an amount of $207,997.00. Buyer will construct the Minimum Improvements pursuant to all approvals or licenses required by the City. The public purposes of the reduction are to promote the economic and commercial development of the City, promote the health, safety and welfare of the residents of the City, improve the general economy and vitality of the City, attract, retain, rehabilitate and preserve commercial and industrial facilities and increase of the tax base of the City and the State. Wage and job goals are not among the public purposes included. The Buyer must submit a report to City containing information that allows City to submit the reports required by Minn. Stat. §116J.994(8)(b) and (c). If, the Buyer fails to provide a report, the Buyer must pay City a penalty of $100 for each subsequent calendar day until the report is filed. The maximum aggregate penalty payable is $1,000. 15.5 Buyer Fees. On or before issuance by the City of a building permit to Buyer, Buyer shall pay all development fees, administrative costs and provide a landscaping letter of credit in the amount of 150% of the value of the landscaping improvements. Upon completion of the landscaping improvements and approval by the City, the letter of credit shall be reduced to 50% of the initial value and retained for a one- year warranty period. Upon completion of the one-year warranty period the City will reinspect the landscaping improvements, at which time the letter of credit shall be released upon final approval by the City. This Section 15 shall survive Closing. 16. Cumulative Rights. No right or remedy conferred or reserved to City or Buyer is intended to be exclusive of any other right or remedy herein or by law provided, but each shall be cumulative in and in addition to every other right or remedy existing at law, in equity or by statute, now or hereafter. 17. Assignment. Buyer may assign this Agreement with the prior written consent of City. No assignment shall relieve Buyer from its obligations under this Agreement. 18. Entire Agreement; Modification. This written Agreement constitutes the complete agreement between the parties with respect to this transaction and supersedes any prior oral or written agreements between the parties regarding this transaction. There are no verbal agreements that change this Agreement and no waiver of any of its terms will be effective unless in writing executed by the parties. 19. Binding Effect; Survival. This Agreement binds and benefits the parties and their respective successors and assigns. All representations and warranties, and indemnification obligations of the parties hereto shall survive the Closing. IX-01(a,b) 22 20. Governing Law. The provisions of this Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. 21. Rules of Interpretation. The words “herein” and “hereof” and words of similar import, without reference to any particular section or subdivision, refer to this Agreement as a whole rather than any particular section or subdivision hereof. References herein to any particular section or subdivision hereof are to the section or subdivision of this Agreement as originally executed. 22. Titles of Sections. Any titles of the sections, or any subsections, of the Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. 23. Counterparts; Facsimiles. This Agreement may be executed in any number of counterparts, and all of the signatures to this Agreement taken together shall constitute one and the same agreement, and any of the parties hereto may execute such agreement by signing any such counterpart. Facsimile or “PDF” signatures on this Agreement shall be treated as originals until the actual original signatures are obtained. 24. Represented by Counsel. Each party has been represented and advised by counsel in the transaction contemplated hereby. 25. Time of the Essence. Time is of the essence of this Agreement. [remainder of page intentionally blank] IX-01(a,b) 23 IN AGREEMENT, the parties hereto have hereunto set their hands as of the Effective Date. CITY: CITY OF HASTINGS By ________________________________ Mary Fasbender Its Mayor By ________________________________ Kelly Murtaugh Its City Clerk IX-01(a,b) 24 BUYER: INTEK PLASTICS, LLC By: Printed Name: Its: IX-01(a,b) A-1 EXHIBIT A Real property located in the County of Dakota, State of Minnesota, legally described as follows: Lot 2, Block 1, Hastings Industrial Park No. 3, except the South 520 feet of Lot 2, Block 1, Hastings Industrial Park No. 3, according to the recorded plat thereof, Dakota County, Minnesota. Abstract Property PID: 19-32002-01-021 [Commitment legal description to govern] IX-01(a,b) 1 BUSINESS SUBSIDY AGREEMENT THIS BUSINESS SUBSIDY AGREEMENT (“Agreement”) is made this __________ day of _________________________________, 2022 (the “Effective Date”), by and between the City of Hastings, a Minnesota municipal corporation (“City”), and Intek Plastics, LLC, a Minnesota limited liability company, f/k/a Intek Weatherseal Products, Inc. (“Developer”). RECITALS WHEREAS, the City has long desired to improve the function and appearance of its community through economic development, and has invested substantial resources toward that goal; and WHEREAS, the City adopted criteria for awarding business subsidies, pursuant to the Business Subsidies Act, Minn. Stat., Sections 116J.993 to 116J.995 (“Business Subsidy Act”); and WHEREAS, City owns the property located in Hastings legally described as: Lot 2, Block 1, Hastings Industrial Park No. 3, except the South 520 feet of Lot 2, Block 1, Hastings Industrial Park No. 3, according to the recorded plat thereof, Dakota County, Minnesota. Abstract Property PID: 19-32002-01-021 (“City Property”); and WHEREAS, Developer owns 1000 Spiral Boulevard, Hastings, MN 55033 (PID: 19- 32002-01-010), which is legally described as: IX-01(a,b) 2 Lot 1, Block 1, Hastings Industrial Park No. 3, according to the recorded plat thereof, Dakota County, Minnesota. Abstract Property PID: 19-32002-01-010 (“Developer Property”), which is immediately adjacent to City Property and Developer intends to expand its current facility by constructing a 60,200 square foot addition on to the existing building located on Developer Property (“Project”), which will require the construction of a pond and other stormwater improvements (“Improvements”); and WHEREAS, Developer Property cannot support the required Improvements needed for the Project on Developer Property; and WHEREAS, the City has entered into a Purchase Agreement with Developer to sell the City Property to the Developer for purposes of constructing the Improvements that are needed for the Project; and WHEREAS, the City Property has an estimated market value of $208,000.00; and WHEREAS, since the City Property will be used for the Improvements, the City has agreed to sell the City Property to the Developer for $3.00, contingent on the Developer agreeing to the terms and conditions herein; and WHEREAS, the difference in the assessed value and the sale price is more than $25,000, therefore it is considered a Business Subsidy pursuant to Minnesota Statutes §116J.994; and WHEREAS, the City believes the proposed Project and the sale of City Property for the Improvements would be desirable for the City; and WHEREAS, the value of the Improvements and the Project meet all criteria for awarding a Business Subsidy established by the Policy on Business Subsidies and due to the estimated cost of the Improvements and the Project, it is not financially feasible without public assistance. NOW THEREFORE, for good and valuable consideration, the receipt of which is acknowledged, and in consideration of the covenants and agreements made herein, Developer and the City hereby agree as follows: AGREEMENT 1. The Business Subsidy comprises of a forgivable loan in an amount of two hundred seven thousand, nine hundred ninety-seven dollars ($207,997.00). 2. The public purposes of the Business Subsidy are as follows: a. Promote the economic and commercial development of the City; IX-01(a,b) 3 b. Preserve the local tax base and improve the general economy and vitality of the City; c. Promote the health, safety and welfare of the residents of the City; and d. Attract, retain, rehabilitate and preserve commercial and industrial facilities. 3. The goals for the Business Subsidy are to secure timely development and maintain the City Property as an industrial business for at least ten (10) years. 4. Developer will construct the Improvements pursuant to all approvals or licenses required by the City, with a completion date of December 31, 2023 or the date with which a Certificate of Occupancy is issued for the Improvements; whichever occurs first (“Completion Date”). 5. Upon completion of the Improvements, Developer, its tenants, permitted successors or assigns, will continuously occupy the City Property for at least ten (10) years, except in the event of unforeseeable casualty, in which event, Developer shall rebuild and reopen as soon as commercially reasonable. 6. If Developer complies with the terms and conditions of this Agreement, the Business Subsidy will be forgiven ten (10) years after the Completion Date. If Developer does not comply with the terms and conditions of this Agreement, Developer shall quit claim the City Property back to the City. 7. Developer must submit to City a written report regarding Business Subsidy goals and results by no later than March 1st of each year, commencing March 1st of the year following completion of the Improvements and continuing until the later of the date that the goals are met; or thirty (30) days after expiration of the ten-year period; or if the goals are not met, then the date the City Property is quit claimed back to the City. The report must comply with Minnesota Statutes Section 116J.994 subd. 7 of the Business Subsidy Act. City will provide information to Developer regarding the required forms. If Developer fails to timely file any report required under this section, City will send Developer a warning within one week after the required filing date. If, after 14 days of the postmarked date of the warning, Developer fails to provide a report, Developer must pay City a penalty of $100 for each subsequent calendar day until the report is filed. The maximum aggregate penalty payable under this section is $1,000. 8. The parties agree that this Agreement shall be construed pursuant to Minnesota law and any disputes shall be venued in Dakota County, Minnesota. IX-01(a,b) 4 9. Notices to the parties shall be sent as follows: If to City: City of Hastings Attn: John Hinzman 101 4th Street East Hastings, MN 55033 If to Developer: Intek Plastics, LLC Attn: 1700 Gervais Avenue Maplewood, MN 55109 10. This Agreement shall not be assigned without the prior written consent of the other party, which shall not be unreasonably withheld. 11. This Agreement shall only be amended by written agreement approved by both parties. [remainder of page intentionally blank] IX-01(a,b) 5 IN AGREEMENT, the parties hereto have hereunto set their hands as of the Effective Date. CITY: CITY OF HASTINGS By ________________________________ Mary Fasbender Its Mayor By ________________________________ Kelly Murtaugh Its City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF 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 IX-01(a,b) 6 DEVELOPER: INTEK PLASTICS, LLC By Printed Name: Its: STATE OF MINNESOTA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this ____ day of _________________________________, 2022 by __________________________________, the __________________________ of Intek Plastics, LLC, a Minnesota limited liability company, on behalf of said limited liability company. Notary Public This instrument was drafted by: Korine L. Land, #262432 LeVander, Gillen & Miller, P.A. 1305 Corporate Center Drive, Suite 300 Eagan, MN 55121 651-451-1831 IX-01(a,b) City Council Memorandum To: Mayor Fasbender & City Councilmembers From: Dan Wietecha, City Administrator Date: November 7, 2022 Item: Commercial Waste Characterization Study Council Action Requested: Approve Master Agreement and Project Agreement for Services with Foth Infrastructure & Environment to conduct 2022-2023 Commercial Waste Characterization Study. Approval would be subject to minor changes prior to final signature. Background Information: The City has received an incentive/grant “to reduce the costs to the payers of solid waste collection services in the City or to implement the solid waste strategies and tactics in the Dakota County Solid Waste Master Plan, or both.” Funds must be used by December 31, 2022. The City has previously approved use of these funds for its 2022 share of the new Solid Waste & Recycling Coordinator shared with the Cities of Farmington and Rosemount and to purchase “Big Belly” trash and recycling bins for the downtown. The Utilities Committee also recommended conducting a study of residential waste and recycling in order to gain baseline data. Subsequently, in discussing the proposed study with Dakota County Environmental Resources Department and potential consultants, we learned that there is already reasonable data on residential waste and recycling and that a study of commercial businesses would be much more helpful. The intent of the study is to learn about current practices, establish baseline data, and identify opportunities for improvements. With County guidance on preferred study elements, I met with three consulting companies about their interest in the study. Based on their responsiveness to the scope, timelines, and cost, I negotiated a rough outline for the study with Foth Infrastructure & Environment at a not to exceed cost of $50K. Foth would kick-off the study this fall, identify priority business categories and commercial haulers, and in the spring would conduct a physical sort and sample of commercial trash and recycling. The report would be finalized by early summer 2023. The County has acknowledged the timeline and said that it would comply with the deadline requirement of the incentive/grant funds as long as the consultant is under contract and beginning the study this year. IX-02 Financial Impact: N/A Committee Discussion: Utilities Committee (Braucks*, Folch, Lund) met May 13 and recommended a residential waste/recycling study. Attachments: • Preferred County Study Elements for Hastings Commercial Study • Master Agreement for Services • Agreement for Services: Hastings Commercial Waste Characterization Study IX-02 Preferred County study elements for Hastings commercial study (using processing $) July 2022 Background • Dakota County adopted new recycling requirements that affect all businesses and could impact city policy approaches (e.g., requirements for recycling space/enclosures, commercial hauler licensing requirements). o Since 2021 all businesses in Dakota County are required to separate and recycle a Designated List of Recyclables: o All businesses must keep the Designated List of Contaminants out of the recycling, including no plastic bags in recycling. • There is very limited research on commercial waste composition (especially by sector) to identify how well businesses recycle and barriers to doing better. Helpful for County to understand (preferred study elements): OBJECTIVE: Understand how well businesses are recycling and identify opportunities for recycling improvement. DESIRED IF STUDY CAN HELP ANSWER: 1. MINIMUM: • What are the material types and quantities being placed in recycling and trash carts/dumpsters (possibly by business sector)? • What are the major contaminants that businesses are placing in the recycling? • What recyclable materials are incorrectly being discarded in the trash? • Do businesses properly prepare their recycling (e.g. flatten boxes, empty bottles) appropriately? • What quantity of recyclables materials in carts/dumpsters are bagged (plastic bags)? Priority businesses: o 445: Food/grocery stores o 621-623: Health services (clinics, hospital) o 312 and 722: Eating/drinking places o 721: Lodging o 44: Retail o 31: Manufacturing 2. ADD ON #1 - IF BUDGET ALLOWS • Survey/interview (to all that participate in the waste study) – and not anonymous so can correlate back to individual business trash/recycling data o What are barriers to recycling better (e.g., recycling knowledge, insufficient space) IX-02 o Do businesses with certain haulers have better recycling – e.g., do hauler dumpsters/carts meet our BMP requirements (trash and recycling within 10 feet, have standardized signage, no overflow)? o BIPOC/equity considerations: if owner/manager/employee demographics make up affects recycling o Do businesses using third party housekeeping staff have more contamination issues? 3. ADD ON #2 - IF BUSINESS SAMPLE SIZE LARGE ENOUGH • How do recycling capture rates compare by variables such as business type, location and owner/employee make up? • Do businesses that contract with a certain hauler(s) recycle better? • Are there any specific barriers that would limit more recyclables being captured? POSSIBLE SCOPE ITEMS: • Determine waste and recycling composition, capture rates and recycling rates for statistical representation of businesses. Keep recycling and trash amounts separated to determine capture rates by individual businesses. o The right materials (Designated Recyclables) and occurrence in the recycling carts/dumpsters o The wrong materials (contaminants) and occurrence in the recycle carts/dumpsters o The correct wastes and occurrence in the trash cart o The wrong items (recyclable materials, hazards) and occurrence in the trash carts/dumpsters. • Document trends in item preparation for recycling (e.g. unflattened boxes, liquids in bottles) • Identify the quantity and nature of materials being lost through the bagging of materials placed in recycling carts/dumpsters • Identify misconceptions and barriers to recycling. • Determine what variables affect recycling rate, including: o Location: if location affects recycling (downtown vs. Hwy 61 vs. south end of town) o Type: if certain business types are better recyclers (e.g., select representative businesses from each or priority sector types within 31-92 NAICS codes). Preferred priority: • 445: Food/grocery stores • 621-623: Health services (clinics, hospital) • 312 and 722: Eating/drinking places • 721: Lodging • 44: Retail • 31: Manufacturing IX-02 o Hauler: If businesses that have certain haulers are better recyclers, and if hauler dumpsters carts meet BMP requirements (no overflow, have standardized labels, trash and recycling paired) o BIPOC/equity considerations: if owner/manager/employee demographics make up affects recycling o Housekeeping service (e.g. third party verses in-house program) • Share statistics and identify opportunities for recycling improvements • Provide an estimate of annual total citywide business recyclables and trash generation (if doable – because would also need to include organics if businesses separately collect – likely only a handful) Material sort categories • Should provide necessary detail while still being able to compare data with “similar” regional studies. It should: o Align with County’s Designated Recyclables and Designated Contaminants o Also be similar to regional sorts (2013 MPCA Waste Composition, Hennepin County, Red Wing residential recycling sort) • County can draft category sorting list, but can we also be included to finalize it with contractor? Examples: 1. Oregon Commercial Mixed Recyclables Composition Study (2020) https://www.oregonmetro.gov/sites/default/files/2020/05/21/commercial-mixed-recyclables- composition-study-20200521.pdf 2. Draft Dakota County RFP for household recycling capture rate RFP Residential bin audits 9-24-2021.docx IX-02 Rev.03/31/2021 MASTER AGREEMENT FOR SERVICES Project Title (the “Project”): Engineering and Consulting Services This Master Agreement for Services (hereinafter “Agreement”) is made and entered into this 28th day of October, 2022, by and between FOTH INFRASTRUCTURE & ENVIRONMENT, LLC, (hereinafter “Consultant”) and CITY OF HASTINGS, (hereinafter “Client”), for the services described under the Scope of Services (the “Services”). CLIENT: City of Hastings, MN Address: City Hall, 101 4th Street East, Hastings, MN 55033 Phone No: 651-480-2326 Email Address: DWietecha@Hastingsmn.gov Scope of Services: Client hereby agrees to retain Consultant to perform the following Services: Services to be performed in accordance with the project-specific Work Orders issued under this Agreement. Schedule: Services shall be performed according to the following schedule: Schedule to be in accordance with the project-specific Work Orders issued under this Agreement. Compensation: In consideration of these Services, the Client agrees to pay Consultant compensation as follows: Compensation to be in accordance with the project-specific Work Orders issued under this Agreement. Term: This Agreement shall commence as of the date set forth above and shall remain in effect until terminated as provided herein. The attached Agreement for Services Standard Terms and Conditions, along with any Exhibits, is made a part hereof and incorporated into this Agreement. IN WITNESS WHEREOF, this Agreement is accepted on the date first written above, subject to the terms and conditions above stated and the provisions set forth herein. CLIENT FOTH INFRASTRUCTURE & ENVIRONMENT, LLC Signed: Signed: Name (printed): Mary Fasbender Name (printed): Nathan O. Klett Title: Mayor Title: Senior Client Manager Date: Date: 10/28/2022 Signed: Name (printed): Kelly Murtaugh Name (printed): Bruce D. Rehwaldt Title: City Clerk Title: Senior Client Manager Date: Date: 10/28/2022 IX-02 Rev.03/31/2021 AGREEMENT FOR SERVICES STANDARD TERMS AND CONDITIONS 1.0 Commencement of Services - The Services will commence consistent with the schedule referenced in the Work Orders or as otherwise agreed to by the parties. If after commencement of the Services, the Project is delayed for any reason beyond the control of Consultant for more than sixty (60) days, the terms and conditions contained herein are subject to revision by Consultant. 1.1 Standard of Care - The standard of care for any professional Services performed or furnished by Consultant under this Agreement will be the care and skill ordinarily used by members of the subject profession practicing under similar circumstances at the same time and in the same locality. Consultant makes no other warranties, express or implied, under this Agreement or otherwise, in connection with any Services performed or furnished by Consultant. Subject to the standard of care, Consultant and its sub-consultants may use and rely upon data, reports, design elements and information ordinarily or customarily furnished by others, including, but not limited to Client, Client’s other contractors or consultants, specialty contractors, manufacturers, suppliers, and the publishers of technical standards. Consultant shall not be required to sign any document, no matter by whom requested, that would result in the Consultant having to certify, guarantee, or warrant the existence of conditions whose existence the Consultant cannot ascertain. 2.0 Client Responsibilities - Client shall provide, at Client’s expense, all criteria, design, and construction standards including full information as to Client’s requirements for the Project, including all document specifications. The provision or production of such data or information is not included in the Services, except where explicitly referenced in the Scope of Services. As stated in Section 1.1, Consultant shall be entitled to rely upon such data and information in the performance of the Services and shall not be liable for any incorrect advice, judgment or decision based on any inaccurate information furnished by Client, Client’s agents or Clients other consultants. Such data and information shall include but not be limited to the following: a. If not included in the Scope of Services, a complete survey of the Project site which shall include but not be limited to easements, right-of-way, encroachments, zoning and deed restrictions, subterranean structures or utilities, existing buildings and improvements. b. If not included in the Scope of Services, soils data, laboratory tests, reports and inspections of samples, materials or other items, with appropriate professional interpretations. c. Legal counseling services necessary for the Project including legal review of the construction contract documents. d. Accounting, bond and financial advisory (including, if applicable, “municipal advisor” services as described in Section 975 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (2010) and the municipal advisor registration rules issued by the Securities and Exchange Commission), independent cost estimating, and insurance counseling services. e. If not included in the Scope of Services, permits and approvals from any authorities having jurisdiction over the Project. 2.1 Right of Entry - Client shall provide for entry for the employees, agents and subcontractors of Consultant and for all necessary equipment. 2.2 Client Authorized Representative - Client shall designate a person authorized to act as Client’s representative. Client or his representative shall receive and examine documents submitted by Consultant and shall be empowered to interpret and define Client’s policies and render decisions and authorizations in writing promptly to prevent unreasonable delay in the progress of Consultant’s Services. Client shall give prompt written notice to Consultant whenever Client observes or otherwise becomes aware of any defect in the Project, Services or other event which may substantially affect Consultant’s performance of Services under this Agreement. 3.0 Fees and Payment 3.1 Invoice Payment Due - Client shall compensate Consultant for Services and expenses rendered under this Agreement. Consultant’s fee for Services will be based on Consultant’s rates currently in effect at the time the Services are done; lump sum or other schedules as identified under the Compensation section of the Work Orders. Rates of Consultant are subject to annual revision. Payment shall be due within thirty (30) days after the date of invoice describing the Services performed and expenses incurred during the preceding invoice period. IX-02 Rev. 03/31/2021 3.2 Failure to Pay. Client agrees that timely payment is a material term of this Agreement and that failure to make timely payment as agreed constitutes a breach hereof. In the event payment for Services rendered has not been made within thirty (30) days from the date of invoice, Consultant may, after giving seven (7) days’ written notice to Client and without penalty or liability of any nature, and without waiving any claim against Client, suspend all work on all Services as set forth herein. Upon receipt of payment in full for Services rendered, plus interest charges, Consultant will continue with Services. Payment of all compensation due Consultant pursuant to this Agreement shall be a condition precedent to Client using any of Consultant’s work product and/or deliverables under this Agreement. 3.3 Interest on Late Payments - In order to defray carrying charges resulting from delayed payments, simple interest at the maximum rate allowed by law will be added to the unpaid balance of each invoice. The interest period shall commence thirty (30) days after the date of the original invoice and shall terminate upon date of payment. Payments will be first credited to interest and then to principal. 4.0 Insurance/Limitation of Consultant’s Liability - Consultant will maintain the following insurance coverages: a. Worker's compensation insurance pursuant to state law. b. Comprehensive automobile and vehicle liability insurance covering claims for injuries to members of the public and/or damages to property of others arising from use of motor vehicles, including onsite and offsite operations, and owned, non-owned, or hired vehicles, with $1,500,000 combined single limits. c. Commercial general liability insurance covering claims for injuries to members of the public or damage to property of others arising out of any covered negligent act or omission of Consultant or of any of its employees, agents, or subcontractors, with $1,500,000 per occurrence and $2,000,000 in the aggregate. d. Professional liability insurance, if applicable, of $1,500,000 per claim and in the aggregate. 5.0 Indemnification - Consultant, to the fullest extent permitted by law, shall indemnify and hold harmless Client and any of Client officers, directors, employees and agents from and against claims, losses, damages, liabilities, including attorney’s fees and expenses, for third-party claims of bodily injury, sickness or death, and property damage or destruction to the extent caused by the negligent acts or omissions of Consultant or Consultant’s separate contractors or anyone for whose acts any of them may be liable, but only to the extent of the negligence. Nothing in this Section shall obligate Consultant to indemnify any individual or entity from and against the consequences of that individual’s or entity’s own negligence or willful misconduct. Notwithstanding the forgoing, Consultant has no obligation to defend or pay indemnitee defense costs incurred prior to a final determination of liability or to pay any amount that exceeds the proportionate share of Consultant’s finally determined percentage of liability as determined by a court of competent jurisdiction. 6.0 Hazardous Materials - Client hereby understands and agrees that Consultant has not created nor contributed to the creation or existence of any types of hazardous or toxic wastes, materials, chemical compounds, or substances, or any other type of environmental hazard or pollution (“Hazardous Materials”), whether latent or patent, at Client’s premises, or in connection with or related to the Project with respect to which Consultant has been retained to provide Services. Therefore, to the fullest extent permitted by law, except for Hazardous Materials introduced onto the site by Consultant and not required or permitted in the performance of Consultant’s Services, Client agrees to indemnify, and hold Consultant, its officers, directors, shareholders, employees, and Consultants, harmless from and against any and all claims, damages, and expenses, whether direct, indirect, consequential or otherwise, including, but not limited to, attorney fees and court costs, arising out of, or resulting from the discharge, escape or release, of Hazardous Materials. Nothing contained within this Agreement shall be construed or interpreted as requiring Consultant to assume the status of a generator, transporter, or owner or operator of a treatment, storage or disposal facility, as those terms appear within the Resource Conservation and Recovery Act, 42 U.S.C.A., §6901 et seq., as amended, or within any State statute governing the generation, treatment, storage, and disposal of waste. 7.0 Documents- Ownership of Work Product and Proprietary Information - The deliverables prepared under this Agreement shall become the property of the Client only upon completion of the Services and payment in full of all monies due to Consultant. In the event Client reuses or makes any modifications to the deliverables without prior written authorization of Consultant, the Client agrees, to the fullest extent permitted by law, to indemnify and hold Consultant, its consultants, agents, officers, directors, shareholders and employees harmless from any claim, liability or cost (including reasonable attorneys’ fees and defense costs) arising or allegedly arising out of any unauthorized reuse or modifications of Consultant’s Services, work product, and/or deliverables by the Client or any person or entity that acquires or obtains the such work product and/or deliverables from or through the Client without the written authorization of Consultant. IX-02 Rev. 03/31/2021 Notwithstanding the foregoing Consultant’s liability to Client for any computer programs, software products, or related data furnished hereunder is limited solely to the correction of residual errors, minor maintenance, or update(s) as agreed. CONSULTANT MAKES NO WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR ANY PARTICULAR PURPOSE, or against infringement, with respect to computer programs, software products, related data, technical information, or technical assistance provided by Consultant under this agreement. The Consultant will take reasonable precautions to prevent the transmission of any electronic virus, or other contamination with the exchange of electronic media, but Consultant makes no assurances that those precautions are adequate to assure a contamination free transmission. Consultant retains title and interest in all of its standard details, plans, specifications, methodologies, tools, and computation documents, whether in written or electronic form, which have been incorporated into the documents and instruments of service, but which were developed by Consultant independent of this Agreement. 8.0 Termination or Abandonment - If any portion of the Services or Project is terminated or abandoned by Client, the provisions of these Terms and Conditions in regard to compensation and payment shall apply insofar as possible to that portion of the work not terminated or abandoned. If said termination occurs prior to completion of any phase of the Project, the fee for Services performed during such phase shall be based on Consultant’s reasonable estimate of the portion of such phase completed prior to said termination, plus a reasonable amount to reimburse Consultant for termination costs. This Agreement may be terminated by either party if the other party fails to fulfill its obligations under this Agreement through no fault of the terminating party. No such termination may be effected unless the other party is given not less than ten calendar days written notice of intent to terminate and an opportunity for correcting the default (plus such additional time as is reasonably necessary to correct the default, other than any payment default) and for consultation with the terminating party before termination. Consultant shall be paid for Services performed to the termination date including reimbursable expenses due plus termination expenses. 9.0 Jurisdiction - This Agreement shall be governed by the laws of the State of the Project. 10.0 Dispute Resolution - The parties will use good faith efforts to resolve any dispute, controversy or claim arising out of or relating to this Agreement or the relationship between the parties (a “Dispute”) through negotiation. To invoke the dispute resolution procedures in this section, one party must give the other party a written notice of its intent to negotiate. The notice will include a detailed description of the Dispute and a proposed resolution. Within five (5) business days after delivery of the notice, each party will designate a senior executive with authority to resolve the Dispute. The designated executives will engage in discussions in an effort to resolve the Dispute. If the designated executives do not agree on a resolution within twenty (20) days after the dispute notice has been delivered, the parties may agree to submit the Dispute to non- binding mediation by any mutually agreed-upon mediator, rules and location. Any mediation fees and expenses will be allocated and paid by the parties equally. If the parties do not reach a resolution through negotiation or mediation, either party may pursue all remedies available under this Agreement, at law or in equity in a court of competent jurisdiction. Each party hereby irrevocably waives its rights to trial by jury in any Dispute or proceeding arising out of this agreement or the transactions relating to its subject matter. 11.0 Waiver - Consultant’s waiver of any term, condition, or covenant or breach of any term, condition, or covenant, shall not constitute a waiver of any other term, condition, or covenant, or the breach thereof. 12.0 Successors and Assigns - All of the terms, conditions, and provisions hereof shall inure to the benefit of and be binding upon the parties hereto, and their respective successors and assigns, provided, however, that no assignment of this Agreement shall be made without written consent of the parties to this Agreement. 13.0 Severability - If any provision of this Agreement is declared invalid, illegal, or incapable of being enforced by any Court of competent jurisdiction, all of the remaining provisions of this Agreement shall nevertheless continue in full force and effect, and no provision shall be deemed dependent upon any other provision unless so expressed herein. 14.0 Force Majeure - Neither party to this Agreement will be liable to the other party for delays in performing the Services, or for the direct or indirect cost resulting from such delays, that may result from a Force Majeure condition. Each party will take reasonable steps to mitigate the impact of any force majeure. If Consultant is delayed in the performance of the Work due to acts, omissions, conditions, events, or circumstances beyond its control and due to no fault of its own or those for whom Consultant is responsible, the Contract Time(s) for performance as well as the Contract Price shall be reasonably extended by Change Order. By way of example, IX-02 Rev. 03/31/2021 events that will entitle Consultant to an extension of the Contract Time(s) include acts or omissions of Client or anyone under Client’s control (including separate contractors), changes in the Work, Differing Site Conditions, Hazardous Conditions, wars, floods, labor disputes, unusual delay in transportation, epidemics, earthquakes, adverse weather conditions not reasonably anticipated, and other acts of God (Force Majeure Condition). For clarity purposes, labor shortages or supply chain disruptions resultant from epidemic or pandemic events are specifically to be considered grounds constituting a Force Majeure Condition. Labor shortages and inefficiencies, delays, escalation, or cost impacts resulting from labor shortages or supply chain disruptions associated with such an event shall be considered grounds for a Force Majeure Condition event and shall afford Consultant the opportunity for schedule and cost relief associated with such an event. 15.0 Entire Agreement - This Agreement, and its attachments, constitutes the entire understanding between Client and Consultant relating to Services to be provided by Consultant and, excepting only confidentiality agreements between the parties pertaining to the Project, supersede any prior or contemporaneous agreements, promises, negotiations, or representations not expressly set forth herein. Subsequent modifications or amendments to this Agreement must be in writing and signed by the parties to this Agreement. The foregoing notwithstanding, if the Client, its officers, agents, or employees request Consultant to perform extra work or Services pursuant to this Agreement, Client will pay for the additional Services even though an additional written Agreement is not issued or signed. The obligations of Consultant under this Agreement shall survive in accordance with applicable State statutes. 16.0 Notices – Notices shall be communicated to the following addresses: If to City: City of Hastings 101 4th Street East Hastings, MN 55033 Attention: City Administrator Or e-mailed: ___________________________ If to Consultant: __________________________ __________________________ __________________________ __________________________ Or e-mailed: ___________________________ 17.0 Independent Contractor Status – All services provided by Consultant, its officers, agents and employees pursuant to this Agreement shall be provided as employees of Consultant or as independent contractors of Consultant and not as employees of the City for any purpose. 18.0 Data Practices Compliance – All data collected by the City pursuant to this Agreement shall be subject to the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13. IX-02 Rev. 03/31/2021 AGREEMENT FOR SERVICES WORK ORDER No. 22-01 Project Title: Hastings – Commercial Waste Characterization Study FOTH Project Number: 0022Hxxx.00 CLIENT Project Number: (If applicable) This Work Order (in addition to and subject to the conditions contained in the Master Agreement for Services dated October 28, 2022), (hereinafter "Work Order"), is made and entered into this 28th day of October, 2022, by and between FOTH INFRASTRUCTURE & ENVIRONMENT, LLC, (hereinafter “Consultant”) and CITY OF HASTINGS, (hereinafter “Client”), for the services described under the Scope of Services (the “Services”). Client: City of Hastings, MN Address: City Hall, 101 4th Street East, Hastings, MN 55033 Phone No: 651-480-2326 Email Address: DWietecha@Hastings.gov Scope of Services: Client hereby agrees to retain Consultant to perform the following Services: Complete a commercial waste characterization sort study involving selected samples from Hastings businesses. (Pursuant to the attached Foth proposal- Exhibit A). Schedule: Services shall be performed according to the following schedule: Estimated completion July 31, 2023 Compensation: In consideration of these Services, the Client agrees to pay Consultant compensation as follows: Lump-Sum in the amount of $50,000.00 Unit Cost/Time Charges (Standard Rates) with a total amount not-to-exceed $ .00 Unit Cost/Time Charges (Standard Rates) for an estimated cost of $.00 Other as stated here: Special Conditions (if any): Entire Agreement: This Work Order, along with other approved project-specific Work Orders, together with and subject to the Master Agreement for Services referenced above, constitutes the entire understanding between the parties with respect to the subject matter hereof. This Work Order may be modified by subsequent written addenda mutually agreeable by both parties. IN WITNESS WHEREOF, this Agreement is accepted on the date first written above, subject to the terms and conditions above stated and the provisions set forth herein. CLIENT FOTH INFRASTRUCTURE & ENVIRONMENT, LLC Signed: Signed: Name (printed): Name (printed): Nathan O. Klett Title: Title: Senior Client Manager Date: Date: 10/28/2022 Signed: Name (printed): Bruce D. Rehwaldt Title: Senior Client Manager Date: 10/28/2022 dwietecha@hastingsmn.gov X 50,000 IX-02 Rev. 03/31/2021 Exhibit A IX-02 Page 1 of 11 X:\E-Div Bus Dev\Clients\Dakota County MN\Hastings RFP - Aug 2022\ P-Hastings MN Commercial Waste Characterization Study - 10-10-22.doc City of Hastings Commercial Waste Characterization Study October 10, 2022 (Revised October 28, 2022) Scope of Work I. Our Understanding of Your Project Foth Infrastructure & Environment, LLC (Foth) understands that the City of Hastings, MN (City) intends to undertake a commercial waste characterization study (Study) to serve as background information for further planning to support commercial establishments implement effective recycling programs. Dakota County (County) is responsible for overall solid waste management planning and has been a close partner in advising the City on the scope of this Study. The City and County have identified the lack of systematic commercial waste composition research/data as a barrier to appropriate planning for support of business recycling and would like to use this study to establish a baseline for future commercial characterization studies. In August 2022, the City released a request for proposals (RFP) for consulting services to conduct this Study. The objective of this Study is to better understand how well businesses are recycling, identify opportunities for recycling improvement, and to establish a baseline. The County provided funding support for this Study and the County’s grant requires the City’s expenses for consultant services for this project be encumbered by the City prior to December 31, 2022. The County has adopted a Solid Waste Management Master Plan (September 2017) and subsequent revisions to the County’s Solid Waste Management Ordinance 110 (November 2019) that includes recycling requirements for residents, commercial entities, and the waste industry. Ordinance 110 requirements include the adoption of a standardized, Designated Lists of Recyclables (Recyclables) and Contaminants.1 These lists are applicable to all waste generators including residents, businesses, schools, and government agencies. The County has published a Business Compliance Brochure2 that summarizes recycling requirements for all businesses in the County and states that all commercial property owners and managers are required to: 1. “Have recycling service 2. Recycle a designated list of recyclable materials 3. Co-locate recycling with trash containers 4. Label containers 5. Provide recycling education 1 Dakota County’s Designated List of Recyclables and Contaminants (January 21, 2020); As adopted by County Board Resolution Number 20-040: DesignatedListRecyclables.pdf (dakota.mn.us) 2 Dakota County’s compliance brochure: “Businesses in Dakota County are Required to Recycle” (February 6, 2022): https://www.co.dakota.mn.us/Environment/Business/Requirements/Documents/BusinessComplianceBrochure.pdf IX-02 Page 2 of 11 6. Submit an annual report (to the County)” In addition, certain larger businesses that generate organics (food scraps) must collect them for proper management (e.g., commercial composting). Organics recovery and capture rates, however, is not a part of this recyclables Study. The research questions for this Study as posed in the City’s RFP included: 1. “What are the material types and quantities of recyclables being placed in recycling and trash carts/dumpsters (possibly by business sector)? 2. “What are the major contaminants that businesses are placing in the recycling? 3. “What recyclable materials are incorrectly being discarded in the trash? 4. “Do businesses properly prepare their recycling (e.g., flatten boxes, empty bottles) appropriately? 5. “What quantity of recyclables materials in carts/dumpsters are bagged (plastic bags)?” The businesses targeted by the City and County for this Study are (presented in order of importance):  Food/grocery stores  Health services (clinics, hospital)  Eating/drinking places  Lodging  Retail  Manufacturing The City maintains a list of such commercial establishments in a SmartSheets database platform. The City’s database has all businesses coded by North American Industry Classification System (NAICS). The City has stated that a confidential report can be generated to be shared with Foth at the start of this Study. The County maintains a list of licensed haulers. There are currently 20 commercial haulers listed that are licensed to operate in the City of Hastings. About 30 percent of these are likely to be “roll-off” haulers only (i.e., haulers that do not service commercial establishments with regular mixed trash and recyclables via standard “dumpsters” or carts). Therefore, Foth is assuming that about 13 commercial haulers may have commercial customers that may be eligible for samples to be provided to this Study. It is recognized by all parties that Study funding is limited. Therefore, a full, multi-season waste sort study, including all individual recyclable commodities, is outside the expected scope of this Study. The City and County are requesting an appropriately scoped Study capture rate methodology that is: IX-02 Page 3 of 11  Repeatable;  As representative as possible of Citywide commercial trash and recycling streams; and  Cost effective within the budget limits. II. Foth’s Qualifications Foth is very well qualified to provide these services required for this Study. We have provided similar waste characterization and capture rate studies for multiple clients. Often, the services include strategic consulting to prepare sort study design services to match the appropriate methods (e.g., number samples; how to randomize sample selection; list and definition of sort categories) with the clients’ research objectives and resource constraints. Foth has conducted numerous waste characterization studies, including the following:  Minneapolis - Residential Waste Characterization & Capture Rates (2022)  Hennepin County – Multi-Family Recycling (2017)  Hennepin County – Minneapolis Residential Waste (2016)  Ramsey/Washington County – Solid Waste Characterization (2014)  Solid Waste Management Coordinating Board & Minnesota Pollution Control Agency – Construction & Demolition (C&D) Waste Characterization (2009) IX-02 Page 4 of 11 III. Scope of Services Based on our recent discussions, we understand that Foth will work collaboratively with City and County staff to finalize the Study project plan and sort design plan. Foth currently assumes that the City intends this Study to include a capture rate study whereby recyclables and contaminants are sorted into appropriate, broad categories of materials from both trash and recyclables streams. Separate organics streams would not be sorted. Foth proposes that the final Study project plan and sort design be completed as a first phase during the fall and winter months (e.g., November 2022 through March 2023). Then, once the weather warms up again, conduct the sort operations in the Spring of 2023 (e.g., April and May). Our proposal includes the tasks, deliverables and schedule outlined below. Throughout the project, Foth will maintain close communications with City staff. Midpoint project check-in meetings will be scheduled at 50 percent of budget and at the end of Phase 1 planning (prior to authorization to proceed with Task 7 sort operations). (Note that the schedule of deliverable deadlines are examples based on the assumption that the City will authorize Foth to proceed in November 2022. If this authorization is delayed, there will be a corresponding delay in task schedules.) PHASE 1 - PROJECT PLANNING AND SORT DESIGN: Task 1 - Project Kick-Off Meeting: Foth will submit a “data needs” list to the City including specific background information required for this Study (e.g., list of commercial establishments in the City that are already working with the County to enhance recycling services; detailed City map showing alleys; annual recycling reports submitted by businesses in Hastings to the County; etc.). A project kick-off meeting will be facilitated by Foth to finalize the Study workplan as drafted in this proposal including schedule, budget, project communication channels, and budget management. Consultant Deliverables: A. Data needs list. B. Kick-off meeting agenda and summary notes. C. Finalized project workplan, schedule, budget, and communication protocols. Proposed Schedule: Approximately one month after full execution of the Agreement for Consultant Services (e.g., approximately November 2022). IX-02 Page 5 of 11 Task 2 – Characterize Commercial Establishments in the City: Foth will tabulate and analyze the City’s confidential database of commercial establishments to characterize businesses by the six NAICS code categories listed in the City’s RFP. Foth will also include any data from the County (e.g., from annual recycling reports submitted by Hastings businesses). Foth will identify data gaps and if additional data sources are needed. Consultant Deliverables: A. Report chapter characterizing Hastings businesses. B. Recommendations for additional data sources, if any. Proposed Schedule: Approximately one month after completion of the previous task (e.g., approximately December 2022). Task 3 – Conduct Commercial Route Audit: Foth will drive the alleys of the City to conduct one preliminary route audit to determine the market share by hauler of eligible businesses. Priority will be given in the same order of six NAICS code categories as presented in the City’s RFP. To the extent possible, route audit tally sheets will include business names by hauler. The proposed budget assumes this route audit will not exceed eight hours. Therefore, not all businesses can be included in the audit and lower priority business categories may be excluded. Consultant Deliverables: A. Report chapter summarizing the results of the route audit, including market share by hauler within the priority business categories. B. Summary of the cost and effectiveness of the route audit methodology. Recommendations for future commercial waste characterization studies. Proposed Schedule: Approximately six weeks after the Task 1 kick-off meeting (e.g., December 2022). Task 4 – Characterize Commercial Haulers and Disposal Facilities: Based on results of previous two tasks and other data, identify the commercial haulers serving the priority businesses in Hastings. Ideally this description will include the haulers’ operations in terms of fleeting/maintenance locations and disposal facilities used. Disposal facilities include resource recovery facilities, landfills, or transfer stations for trash; and material recovery facilities (MRFs) for IX-02 Page 6 of 11 recycling. The list of haulers and customers will be partial as not all routes will be audited and not all businesses can be readily identified from the alley. Consultant Deliverables: A. Report chapter summarizing characteristics of haulers serving priority businesses. Proposed Schedule: Approximately one month after the previous task (e.g., approximately January 2023). Task 5 – Sort Design Plan: Based on results of all previous tasks, Foth will draft a sort operations design plan. Elements of this plan will include proposed:  Types of waste streams to be sorted: trash and recycling  Types of samples (i.e., collected from loads as hauled by haulers that become project partners or collected by Foth)  Method of random sample selection  Methods of sample collection, storage, and disposal  Hauler partner(s)  Number samples (by NAICS code business type)  Sort categories, including definitions  Sort location  Sort schedule  Checklist of sort and safety equipment and supplies  Staffing plan  Data quality assurance / quality control (QA/QC) plan  Safety plan At this time, Foth is analyzing two sampling options: (1) From hauler-collected packer trucks; or (2) Foth-collected samples removed from commercial containers such as dumpsters, bagged, and tagged. In either case, trash and recyclables samples will be collected from the same businesses. Capture rates by business establishment would only be possible with the 2 – Foth collected samples option. A final recommendation about this sampling method will be made after Tasks 3 and 4 are completed in order to more fully evaluate all sample collection options. Sort location options may include: (a) the County Highway Dept. facility in Hastings (900 County Road 47); (b) a facility owned by one of the selected hauler partners; or (c) another option not yet identified. Safety and efficiency of hauling, sample unloading, storage, sort operations, and sample disposal will all be evaluation criteria to propose the recommended sort location. Final sort operation details will be worked out after the sort location is selected. IX-02 Page 7 of 11 The draft sort design plan will be submitted to the City and County for review and comment. Foth assumes that the City will be primarily responsible for review, comment, and approval of the plan; i.e., the City will have final decision-making authority on the scope of the final sort design plan. Based on comments, Foth will finalize the plan. Important note: The budget limitations will necessitate that the proposed sort design plan will have a limited number of sort categories and number of samples. Sort categories will be consistent with Dakota County’s designated list of recyclables. Foth will provide an estimate of the sort operations cost per category and cost per sample. These unit cost estimates will allow the City and County to understand direct impacts on statistical confidence limits of Study results. Foth proposes a goal for purposes of these discussions of sampling from at least five Hastings businesses. Consultant Deliverables: A. Draft sort design plan including all elements listed above. B. Unit cost estimates of sort operations by category and by sample. C. Final sort design plan. Proposed Schedule: Approximately one month after the previous task (e.g., approximately February 2023). Task 6 – Select Hauler Partner(s): Once the sort design plan is finalized, Foth will work with the City to initiate contact with prospective hauler partners to begin discussions of the proposed project. It is assumed that, at a minimum, permission will be needed from at least one hauler with active presence in commercial hauling in Hastings. But it is may also be necessary for a hauler to provide actual sample collection operations under option 1. The sort design plan will specify the preferred sample collection method. This task will analyze alternative strategies to incentivize prospective hauler partner(s)3 to accept our invitation to join this project. The goal of this task will be to secure the commitment of at least one hauler partner, ideally two or more. Consultant Deliverables: A. Summarize analysis of alternative hauler incentives to become an operating partner as part of this project. 3 Potential incentives could include: (a) monetary payment; (b) additional public relations contacts with prospective “new” commercial customers; (c) additional public relations contacts with city and County government officials (e.g., participate in the presentation to the Hastings City Council and/or County Board); or avoided disposal costs for management of samples. IX-02 Page 8 of 11 B. Contacts with multiple haulers to invite them to consider partnering. C. Selection of final hauler partner(s) including executed contract(s) with specified scope(s) and lists of responsibilities. Proposed Schedule: Approximately one month after the previous task (e.g., approximately March 2023). PHASE 2 - SORT OPERATIONS AND ANALYSIS: Task 7 – Conduct Waste Sort: Foth will lead the sort operations. The number of samples collected will depend on the remaining budget and final sort design plan. The first deliverable for this task will include an analysis of the remaining budget; estimate of the number of samples; and Foth recommendations for next steps to start operations. Based on these recommendations, the City will make the final decision on operating plans. Foth will send out notices of the sort schedule to all affected parties, including:  Hauler partner(s).  Commercial establishments to be sampled.  City and County operations staff directly involved (e.g., County Highway Department staff if the County’s Hastings Highway Dept. facility is selected).  All members of the sort staff team. Foth currently assumes that at least two weeks of trash and recyclables will be sampled from randomly selected businesses. All samples will be stored in a safe, secure, and environmentally appropriate manner until adequate amounts of materials are accumulated (i.e., representing samples adequate volume for at least one full day of sorting). The trash samples will be stored for the minimum amount of time possible before sorting (e.g., two days from collection); Recyclable samples may be stored longer if needed (e.g., for up to a week). Foth currently assumes that after sorting, trash samples will be disposed of per normal trash management procedures at the sort location facility (e.g., in the facility’s dumpster, etc.). Recyclable samples will be delivered to an appropriate MRF or set out for collection by the sort facility recycling hauler. The number of days of sorting will be kept to a minimum to provide for the most cost-effective sort operations plan. However, health and safety of the sort crew and other facility personnel will be the first priority. Foth will assume a seven- hour operating day, with the eighth hour for daily communications, set-up, and clean-up. IX-02 Page 9 of 11 Sort equipment will be prepared at the sort location prior to the first day of sort operations. This equipment will be removed from the sort location the day after the final day of sort operations. At this time, Foth assumes that hard copy data sheets will be used to record sort sample weights by sample number. If needed, anecdotal notes will also be recorded on the sample data sheets. Sample photos will be taken with white board notes (e.g., sample number, date, time). The daily log sheet will record the date, weather conditions, shift start/stop times, sort staff, etc. The daily data and log sheets will be copied ASAP and treated with secure management methods. Foth data entry operations at Foth’s Lake Elmo offices will begin after the first day of sort operations. This near real-time data entry will help provide for another level of data QA/QC. Consultant Deliverables: A. Assembly of all sort & safety equipment and supplies. B. Sort schedule notices sent out to all appropriate parties. B. Samples collected and stored pursuant to final sort design plan. C. Sort operations completed on time without a reportable safety incident. D. Data entry completed following QA/QC plan pursuant to final sort design plan. Proposed Schedule: Approximately one month after the previous task (e.g., approximately April 2023). Task 8 – Draft Report: The results of all previous tasks will roll up into a full, draft report. Foth will produce a series of data tables and charts to fully itemize the results of the sort. To the extent possible allowed by the limits of the data results and budget resources, the following research objective priorities will be summarized in the report:  Composition of the total commercial trash stream (all trash samples) by broad material categories with special attention on recyclables remaining in the trash.  Composition of the total recyclables stream (all recyclables samples) by broad material categories with special attention on contaminants remaining in the recyclables.  If they participate in recycling, capture rates by broad material category by type of business. IX-02 Page 10 of 11  Percent of businesses that have recycling service as required by the County as measured by route audit.  Percent of recyclables bagged in recycling carts/dumpsters.  Detailed description of waste composition methods used for this Study and recommendations for improvement and standardization. The report will include conclusions and recommendations for improving recycling. The roles and opportunities for improvement by entity will be addressed including businesses, haulers, the City, and the County. Consultant Deliverables: A. Draft report submitted to the City and County for review and comment. Proposed Schedule: Approximately one month after the previous task (e.g., approximately June 2023). Task 9 – Finalize Report: Foth will finalize the report based on comments from City and County staff. The budget assumes one iteration of changes to get to a final report. Consultant Deliverables: A. Final report. Proposed Schedule: Approximately one month after the previous task (e.g., approximately in July 2023). IV. City Responsibilities The City is responsible for the following information and activities:  Provide a single contact source for review, comment, and decision making on all issues related to the project.  Data requested by Foth (see Task 1 – Project Kick-Off Meeting).  Coordination with County staff.  Joint (multiple) employee to observe sort and assist with photos. V. Foth’s Project Team  Nathan Klett, Project Manager – Coordinate work activities, work products and communication with the City IX-02 Page 11 of 11  Dan Krivit, Senior Consultant – Project planning, sort operations design, data analysis, and report organization.  Cami Van Abel, Senior Project Manager – Continued project planning, sort operations design, data analysis, and report organization.  Andre Lirette, Project Engineer – Field operations  Gabi Romenesko, Project Engineer – Data entry and data QA/QC VI. Schedule Foth will work with the City to develop a schedule that meets the City’s needs, but is anticipated to be completed by approximately July 2023. The first phase (project planning and sort design) should be completed by approximately March 2023. VII. Optional Services Through the development of this project, additional items may be necessary for the completion of the project. If these items are required, they would be considered extra services and additional compensation would be warranted. Compensation for such services may be negotiated at a future time, as desired. VIII. Reimbursement Foth proposes to complete the work described in our scope of services in this proposal on a time and materials basis using our standard hourly labor rates and resources charges (see attached) for a cost estimate not to exceed $50,000. IX. Agreement to Proceed Foth’s services will be provided in accordance with the attached Agreement for Professional Services terms and conditions (Terms). Please review and return a signed copy to authorize us to begin. Should you desire to authorize our services through the use of a Purchase Order, the previously referenced Terms shall govern and replace those on the Purchase Order. Should we start services upon a verbal authorization it is with the understanding they are provided in accordance with the above referenced Terms. Should you have any questions regarding these terms and conditions, or any other matter, please contact us. If the above Terms are not acceptable, please notify us in writing before we begin providing services. IX-02 T-S 2022 Foth Public Solid Waste Labor Rates and Resource Charges.docx Form PSW-S1 Rev. 1/1/22 Foth Environment Solutions Public Solid Waste 2022 Labor Rate Schedule* Classification Hourly Rate (USD) Program Director/Corporate Executive $256 Client Director $195 Project Director $195 Project Manager III $175 Project Manager II $167 Project Manager I $160 Engineer/Scientist VI $195 Engineer/Scientist V $182 Engineer/Scientist IV $165 Engineer/Scientist III $145 Engineer/Scientist II $135 Engineer/Scientist I $120 Technician VI $168 Technician V $145 Technician IV $125 Technician III $110 Technician II $100 Technician I $78 Project Coordinator $125 Administrative Assistant II/Project Administrative Specialist $92 Administrative Assistant I $82 INVOICING PROCEDURES  All personnel are billed portal-to-portal for required travel.  All testimony or direct mediation work including the following: depositions; trial testimony; mediation meetings or presentations; public meetings; public hearings; standby time; pre-trial preparation; and other litigation/mediation services will be billed with a separate Litigation/Mediation Rate Schedule.  Expedited deliverables requested by the client that require overtime work will be billed at one and one-half times the hourly billing rate for the overtime hours worked. Prior notice of this surcharge will be given.  Payments are due and payable in accordance with the terms of the Agreement with Foth Infrastructure & Environment, LLC (Foth).  Foth reserves the right to modify this schedule periodically, as appropriate. * Do not provide this rate schedule or copies of this rate schedule to other parties without prior approval of Foth. IX-02 T-S 2022 Foth Public Solid Waste Labor Rates and Resource Charges.docx Form PSW-S1 Rev. 1/1/22 Foth Environment Solutions Public Solid Waste 2022 Resource Charges* Item Cost Basis Standard Charge (USD) Standard Office/Communication/Software(1) 3% of labor Travel Automobile Travel Mileage $0.65/mi(2) Public Transportation Cost + 10% Subsistence and Lodging Cost + 10% Survey Vehicles Mileage $1.00/mi(3) Equipment Based on market rates(3) Subconsultants (drilling, laboratory, etc.) Cost + 10% Outside Printing Costs Cost + 10% Specialty Mailing Services Cost + 10% Miscellaneous Cost + 10% Notes: The cost of specific technical equipment and employee travel expenses needed on projects is in addition to the hourly labor rates. This list is not all inclusive but represents the most common resource charges applied to Foth projects. (1) Standard Office/Communication/Software charges are designed to cover Foth's costs for the following: in-house printing/reproduction; standard postage, except express or specialty mail; and software usage. (2) Mileage rates are subject to change based on Federal Government Standards. (3) Survey Vehicle and Equipment charges are subject to change based on availability and economic conditions. Special equipment rates quoted on an individual basis, if requested. * Do not provide this rate schedule or copies of this rate schedule to other parties without prior approval of Foth. IX-02 City Council Memorandum To: Mayor Fasbender and City Council From: John Hinzman, Community Development Director Date: November 7, 2022 Item: Resolution: Site Plan - Therapy OPS (1312 South Frontage Rd) Council Action Requested: Adopt the attached resolution approving the Site Plan request of Continuum Companies for construction of a 2,337 s.f. commercial therapy building for Therapy OPS. The property is located at 1312 South Frontage Rd. A simple majority is necessary for all actions. Background Information: Therapy OPS provides occupational, physical, speech therapy services to children and families. They operate a similar facility in Inver Grove Heights. See www.therapyops.com. for further information. Financial Impact: Development of the site will increase the tax base. Advisory Commission Discussion: The Planning Commission voted 6-0 to recommend approval of the Site Plan at the October 24, 2022 meeting. The Commission discussed parking and building design. No one spoke for or against the item during the meeting. Attachments: • Resolution: Site Plan • Planning Commission Staff Report - October 24, 2022 X-C-01 HASTINGS CITY COUNCIL RESOLUTION NO._________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS GRANTING SITE PLAN APPROVAL AT 1312 SOUTH FRONTAGE ROAD Council member ___________________________ introduced the following Resolution and moved its adoption: WHEREAS, Continuum Companies has petitioned for Site Plan approval on behalf of Therapy OPS to construct a +/- 2,337 s.f. commercial therapy building. The subject property is owned by Stotko Speedling Construction LLC and generally located at 1312 South Frontage Rd and legally described as Lot 2, Block 1, WESTVIEW COMMONS ADDITION, Dakota County, Minnesota; WHEREAS, on October 24, 2022, review of the site plan 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; and WHEREAS, The City Council has reviewed the request and recommendation of the Planning Commission. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HASTINGS AS FOLLOWS: That the City Council hereby approves the Site Plan as presented subject to the following conditions: 1. Conformance with the plans submitted with the City Council Staff Report dated November 7, 2022 2. Final approval of the Grading, Drainage, Erosion Control, and Utility Plans by the Public Works Director. 3. All disturbed areas on the property shall be stabilized with rooting vegetative cover to eliminate erosion control problems. X-C-01 4. Disturbed areas of the site shall be maintained to the requirements of the City’s property maintenance ordinance. 5. All rooftop equipment shall be screened by a parapet wall or painted to match the building. 6. Provide a sidewalk connection between interior sidewalk and and South Frontage Road. 7. Exterior storage of waste and recycling shall be accomodated within a four sided shelter with a door. 8. Any uncompleted site work (including landscaping) must be escrowed at 125 percent of the estimated value prior to issuance of a certificate of occupancy. 9. All lighting shall incorporate shields and cut-offs to direct light on the site. 10. Approval is subject to a one-year Sunset Clause; if significant progress is not made towards the proposal within one year of City Council approval, the approval is null and void. Council member ______________________ moved a second to this resolution and upon being put to a vote it was adopted by the Council Members present. Adopted by the Hastings City Council on November 7, 2022, by the following vote: Ayes: Nays: Absent: ATTEST: __________________________ Mary Fasbender, Mayor _________________________________ Kelly Murtaugh, City Clerk (City Seal) X-C-01 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 7th day of November, 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-01 To: Planning Commissioners From: John Hinzman, Community Development Director Date: October 24, 2022 Item: Therapy OPS - Site Plan - 1312 South Frontage Rd Planning Commission Action Requested Review and provide a recommendation on the Site Plan request of Continuum Companies for construction of a 2,337 s.f. building for Therapy OPS. The property is located at 1312 South Frontage Road. BACKGROUND INFORMATION Comprehensive Plan The property is currently guided Commercial within the 2040 Comprehensive Plan. The proposed use as a commercial therapy center is consistent with the Comprehensive Plan Zoning The property is currently zoned C-4 - Regional Shopping Center. Retail and service establishments are considered “Permitted Uses” within the C-4 Zoning District. Existing Condition The site is vacant and sloped down about 10-15 feet from west to east. Two trees currently on the site would be preserved as part of site landscaping. History The subject property was platted in 2002 as part of the Westview Commons Addition which includes the adjacent Autozone and AA Autotech properties. The property received approvals for a 9,500 s.f. retail building in 2002 and a 21,600 s.f. office building in 2005. Previous approvals on the property were never constructed and have expired. Therapy OPS Therapy OPS provides occupational, physical, speech therapy services to children and families. They operate a similar facility in Inver Grove Heights. See www.therapyops.com. for further information. Planning Commission Memorandum X-C-01 Adjacent Zoning and Land Use The following land uses abut the property: Direction Use Comp Plan District Zoning District North Autozone Commercial C-4 Regional Shopping Center East Westview Drive Fluegel Law Center Commercial C-4 Regional Shopping Center South South Frontage Rd Westview Office Commercial C-4 Regional Shopping Center West AA Auto Tech Commercial C-4 Regional Shopping Center SITE PLAN REVIEW Request Construction of a +/- 2,337 s.f. office building for therapy services. Vehicular Access and Circulation Vehicular access and circulation are acceptable. Parking and drive aisle access will be provided through an existing private drive to the west and curb cut access to Autozone to the north. The subject property along with Autozone, and AA Auto Tech properties are subject to a Declaration of Reciprocal Easements, Covenants, and Use Restrictions which provide for perpetual ingress, egress, and parking jointly throughout all properties. Building Setbacks Minimum building setbacks are not prescribed in the C-4 Zoning District and determined at time of Site Plan. Building setbacks are acceptable as follows Site Proposal North Setback (Autozone) ~ 75 feet East Setback (Westview Dr) 103.8 feet South Setback (South Frontage Rd) 46.5 feet West Setback (AA Auto Tech) ~ 92 feet Maximum Building Height ~ 20 feet (to building peak) X-C-01 Pedestrian Access There is an existing sidewalk along the north and south sides of South Frontage Road. Access is acceptable with the following addition: 1) Provide a sidewalk connection between the building entrance and South Frontage Road. Parking The number of parking spaces is acceptable as follows: Use Required Spaces Provided Spaces Office 8 (1 per 300 s.f.) 16 Therapy OPS has indicated that although the number of parking spaces is above our minimum standard, the number is consistent with parking provided at other facilities and is necessary. Architectural Elevations Architectural elevations are acceptable. Architectural standards require all facades to be composed of at least 25% of Class I Materials (brick, natural stone, glass, metal panels) and 25% Class II Materials (EIFS, stucco, concrete panels, tile). Building materials consist of brick and glass (Class I) along with board and batten siding (Class II). Architectural elements are distributed along all sides of the building. Landscape Plan The Landscape Plan is acceptable. A variety of plantings have been included along the building, site perimeter, and between the parking lot and street. Landscaping is provided as follows: Required Proposed One tree per 4,000 s.f. of paved surface – 8,000 s.f. 2 Trees 2 Trees (existing) One tree per 50 feet of lot perimeter – 890 feet 18 Trees 18 Trees One shrub per 40 feet of lot perimeter – 890 feet 23 shrubs 23 Shrubs Perennial Plantings - 65 Plants Lighting Plan A Photometric Plan has been submitted and adheres to the 1.0 footcandle illumination limit when abutting commercial properties. Lighting is propose to illuminate parking areas to the north of the building. X-C-01 Trash Enclosure A separate Trash and Waste enclosure is not currently contemplated for the building. Approval shall be subject to the following: 1) Exterior storage of waste and recycling shall be accomodated within a four sided shelter with a door. Grading, Drainage, Erosion Control and Utility Plan Review The Public Works Department is providing concurrent review of the Grading, Drainage, Erosion Control, and Utility Plans. Site Plan approval shall be conditioned upon final approval of the Grading, Drainage, Erosion Control and Utility Plan by the Public Works Director. RECOMMENDATION Approval of the Site Plan is recommended subject to the following conditions: 1. Conformance with the plans submitted with the Planning Commission Staff Report dated October 24, 2022 2. Final approval of the Grading, Drainage, Erosion Control, and Utility Plans by the Public Works Director. 3. All disturbed areas on the property shall be stabilized with rooting vegetative cover to eliminate erosion control problems. 4. Disturbed areas of the site shall be maintained to the requirements of the City’s property maintenance ordinance. 5. All rooftop equipment shall be screened by a parapet wall or painted to match the building. 6. Provide a sidewalk connection between interior sidewalk and and South Frontage Road. 7. Exterior storage of waste and recycling shall be accomodated within a four sided shelter with a door. 8. Any uncompleted site work (including landscaping) must be escrowed at 125 percent of the estimated value prior to issuance of a certificate of occupancy. 9. All lighting shall incorporate shields and cut-offs to direct light on the site. X-C-01 10. Approval is subject to a one-year Sunset Clause; if significant progress is not made towards the proposal within one year of City Council approval, the approval is null and void. ATTACHMENTS • Site Location Map • Site Pictures • Site Plan • Civil Plans • Landscape Plan • Architectural Elevations • Application X-C-01 LOCATION MAP X-C-01 Site Pictures Looking North from South Frontage Rd Looking West from Westview Dr X-C-01 N:\0041069.00\DWG\CIVIL\0041069CV01.DWG THERAPY OPS, HASTING © 2022 Westwood Professional Services, Inc. S H E E T I N D E X PRELIMINARY P L A N S THERAPY OPS, HA S T I N G S HASTINGS, MNPREPARED FOR:CONTINUUM CONSTRUCTION, INC.1460 COUNTY ROAD C WESTROSEVILLE, MN 55113CONTACT: JERRY WENDELPHONE: 612-282-5852EMAIL: JERRY@CONTINUUMCO.COM S I T E V i c i n i t y M a p ( N O T T O S C A L E ) S H E E T S R E V I S I O N D A T E N O . . . . . . . . . . . . . . . . . . . . . FORPREPARED BY:PROJECT NUMBER: 0041069.00CONTACT: JEFF WESTENDORF Phone :hLWeZaWer 'rLYe 6XLWe Fax 0LnneWonNa 01 Toll Free P R E L I M I N A R Y P L A N S T H E R A P Y O P S , H A S T I N G S H A S T I N G S , M N F O R I N I T I A L S U B M I T T A L D A T E : 0 9 / 2 3 / 2 0 2 2 S H E E T : C 0 0 1 P R O J E C T N U M B E R : 0 0 4 1 0 6 9 . 0 0 S h e e t L i s t T a b l e S H E E T N U M B E R S H E E T T I T L E C 0 0 1 C O V E R S H E E T C 1 0 0 E X I S T I N G C O N D I T I O N S & R E M O V A L S P L A N C 2 0 0 S I T E P L A N C 3 0 0 G R A D I N G & E R O S I O N C O N T R O L P L A N C 4 0 0 U T I L I T Y P L A N C 5 0 0 D E T A I L S L 1 0 0 L A N D S C A P E P L A N X - C - 0 1 LOT 2SOUTHFRONTAGEROAD W E S T V I E W DRI V E S T STSST S T S S S T S S T SANSANSANSANSANSANSANSAN S A N S A N S A N S A N S A N S A N X X X X X STOSTOSTOSTOSTOSTOSTO S T O S T O S T O S T O STO STO STO STO STO STO STO STO PID: 198270001020STOTKO SPEEDLING CONSTRUCTI O N L L C PI D : 1 9 8 2 7 0 0 0 1 0 1 0 A U T O Z O N E P A R T S , I N C PID: 198270001030CAPITOL CITY INVESTMENTS LLP& GAERTNER ET AL B L O C K R E T A I N I N G W A L L 1 / 2 I N C H I R O N P I P E L S 2 8 7 1 8 1/2 INCH IRON PIPE 8 4 5 845850850 84 4 8 4 4 8 4 6 846 8 4 7 847 848 848849849 835 840 834 8 3 6 8 3 7 8 3 8 839 841 842 843 850 846847848849 8 3 0 829 8 3 1 8 3 2 8 3 3 NO BUILDING OBSERVED O N S U R V E Y E D P R O P E R T Y 50 6 6 S T O S T O S T O S T O STOSTOSTOSTOSTO S T O S S T STO STO STO STO STOSTOPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUG P U G P U G P U G P U G PU G PU G PU G P U G P U G P U G PU G PU G PUG PUG PUG PUG PUG PUG W A T W A T W A T WATWATWAT R I M = 8 4 1 . 8 8 I N V ( N ) = 8 3 3 . 5 8 I N V ( E ) = 8 2 6 . 4 8 I N V ( S W ) = 8 3 3 . 7 8 1 8 ' ' R C P RIM=846.19INV(E)=836.19INV(N)=836.89INV(W)=836.9912'' RCP 15'' RCP18'' RCP R I M = 8 4 3 . 7 1 I N V ( N E ) = 8 3 4 . 9 1 I N V ( W ) = 8 3 4 . 9 1 RIM=851.15INV(E)=836.19INV(W)=838.858'' PVC RIM=850.13INV(E)=843.73INV(SE)=843.93INV(W)=844.0318'' RCPRIM=849.25INV(NW)=842.85INV(E)=842.8518'' RCP 18'' RCP RIM=849.87INV(W)=843.47INV(SE)=843.27 R I M = 8 4 5 . 2 8 I N V ( N E ) = 8 4 1 . 0 8 I N V ( S W ) = 8 4 1 . 0 8 18 ' ' R C P R I M = 8 4 5 . 3 8 I N V ( E ) = 8 3 2 . 5 8 I N V ( W ) = 8 3 2 . 5 8 8'' PVC 8 ' ' P V C R I M = 8 3 7 . 8 6 I N V ( S / N ) = 8 3 1 . 6 6 I N V ( W ) = 8 3 1 . 6 6 I N V ( S W ) = 8 3 1 . 6 6 SAN SAN SAN SAN SAN SAN R I M = 8 4 1 . 3 0 I N V ( E ) = 8 3 1 . 8 0 I N V ( W ) = 8 3 1 . 8 0 8 ' ' P V C R I M = 8 4 1 . 7 4 I N V ( S W ) = 8 3 3 . 9 4 I N V ( N ) = 8 3 3 . 3 4 18'' R C P R I M = 8 3 0 . 3 9 I N V ( S ) = 8 2 3 . 3 9 I N V ( N ) = 8 2 3 . 8 9 SAN SAN R I M = 8 3 1 . 9 6 I N V ( N ) = 8 2 5 . 1 6 I N V ( W ) = 8 2 5 . 4 6 I N V ( S ) = 8 2 5 . 4 6 18'' RC P 2 1 ' ' R C P R I M = 8 3 1 . 0 8 I N V ( E ) = 8 2 7 . 8 8 S T O 1 8 ' ' R C P R I M = 8 4 7 . 1 1 I N V ( S E ) = 8 4 3 . 8 1 I N V ( S W ) = 8 4 3 . 2 1 STO S T O 851 850 849 848 847 846N89°53'59" E 1 8 2 . 4 8 S 7 8 ° 1 8 ' 5 0 " E 6 6 . 2 5 L=2 6 0 . 0 9 R=5 7 2 . 2 2 Δ=2 6 ° 0 2 ' 3 3 " N50°00'05"W 97.12 L=120.48 R=345.00 Δ=20°00'34"N16°18'17"E 46.47 N32°24'43"E 87.06 M A G N A I L I N B I T MAG NAIL IN BITMAG NAIL IN BIT R I M = 8 4 3 . 1 8 I N V ( E ) = 8 4 0 . 1 4 REMOVE EXISTING CURB R E M O V E T R E E \\\\\\\\\\ X S H E E T N U M B E R : D A T E : Phone :hLWeZaWer 'rLYe 6XLWe Fax 0LnneWonNa 01 Toll Free LICENSE NO. 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 VERTICAL SCALE: HORIZONTAL SCALE: DRAWN: CHECKED: DESIGNED:INITIAL ISSUE: REVISIONS:PREPARED FOR: N:\0041069.00\DWG\CIVIL\0041069EX01.DWG 0 9 / 2 3 / 2 0 2 2 THERAPY OPS, HASTING C 1 0 0 HASTINGS, MN THERAPY OPS, HASTING EXISTING CONDITIONS & REMOVALS PLAN 09/23/2022 . . . 09/23/2022 1460 COUNTY ROAD C WEST ROSEVILLE, MN 55113 CONTINUUM CONSTRUCTION, INC. . . N O T F O R C O N S T R U C T I O N © 2022 Westwood Professional Services, Inc. C o m m o n G r o u n d A l l i a n c e C a l l 4 8 H o u r s b e f o r e d i g g i n g : 8 1 1 o r c a l l 8 1 1 . c o m 0 ' 2 0 ' 4 0 ' 6 0 ' 1 " = 2 0 ' . . . . . . . . . . 20' 4' or 2' P R O J E C T N U M B E R : 0 0 4 1 0 6 9 . 0 0 P R O P E R T Y L I N E \ \ \ \ \ \ C U R B & G U T T E R S A W C U T P A V E M E N T S A N S A N I T A R Y S E W E R W A T W A T E R M A I N S T O S T O R M S E W E R C O N C R E T E B I T U M I N O U S B U I L D I N G T R E E L I G H T P O L E T R A F F I C S I G N E X I S T I N G P R O P O S E D S A N W A T S T O C O N S T R U C T I O N B A R R I C A D E W A T H Y D R A N T W A T G A S G A S G A S P U G U N D E R G R O U N D E L E C T R I C P U G T U G U N D E R G R O U N D T E L E P H O N E T U G P O H O V E R H E A D E L E C T R I C P O H T O H O V E R H E A D T E L E P H O N E T O H F O T E L E P H O N E F I B E R O P T I C F O C T V C A B L E T E L E V I S I O N C T V R E T A I N I N G W A L L F E N C E X S O I L B O R I N G L O C A T I O N S B - 1 9 T R E E L I N E X E X I S T I N G R E M O V A L S \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ R E M O V A L L E G E N D 1 . L O C A T I O N S A N D E L E V A T I O N S O F E X I S T I N G T O P O G R A P H Y A N D U T I L I T I E S A S S H O W N O N T H I S P L A N A R E A P P R O X I M A T E . C O N T R A C T O R S H A L L F I E L D V E R I F Y S I T E C O N D I T I O N S A N D U T I L I T Y L O C A T I O N S P R I O R T O E X C A V A T I O N / C O N S T R U C T I O N . T H E E N G I N E E R S H A L L B E N O T I F I E D I M M E D I A T E L Y I F A N Y D I S C R E P A N C I E S A R E F O U N D . 2 . C O N T R A C T O R S H A L L C O O R D I N A T E L I M I T S O F R E M O V A L S W I T H P R O P O S E D I M P R O V E M E N T S A N D F I E L D V E R I F Y C O N D I T I O N O F E X I S T I N G A P P U R T E N A N C E S T O R E M A I N . C O N T R A C T O R S H A L L B E R E S P O N S I B L E F O R P R O T E C T I N G O R R E P L A C I N G M I S C E L L A N E O U S I T E M S ( S U C H A S F E N C E S , S I G N S , I R R I G A T I O N H E A D S , E T C . ) T H A T M A Y B E D A M A G E D B Y C O N S T R U C T I O N . 3 . C O N T R A C T O R S H A L L P L A C E A L L N E C E S S A R Y E R O S I O N C O N T R O L M E A S U R E S R E Q U I R E D T O M A I N T A I N S I T E S T A B I L I T Y P R I O R T O E X E C U T I N G A N Y S I T E R E M O V A L S . 4 . C O N T R A C T O R S H A L L B E R E S P O N S I B L E F O R C O O R D I N A T I O N W I T H U T I L I T Y P R O V I D E R S F O R R E M O V A L A N D / O R R E L O C A T I O N O F E X I S T I N G U T I L I T I E S A F F E C T E D B Y S I T E D E V E L O P M E N T . A L L P E R M I T S , A P P L I C A T I O N S A N D F E E S A R E T H E R E S P O N S I B I L I T Y O F T H E C O N T R A C T O R . R E M O V A L N O T E S S S X * X X X X - C - 0 1 PROPOSED BLDG2,336 SFFFE = 848.5 16 11015 1 8 ' 9 ' 2 2 ' R 3 ' R 1 2 ' R 3 4 ' R12'R12'R3'8'4' 2 4 ' 1 9 2 2 22 AA A A SOUTHFRONTAGEROAD W E S T V I E W DRI V E X X X X X 1 / 2 I N C H I R O N P I P E L S 2 8 7 1 8 1/2 INCH IRON PIPE 50 6 6 PUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUG P U G P U G P U G P U G PU G PU G PUG P U G P U G P U G PU G PU G PU G PUG PUG PUG PUG PUG N89°53'59 " E 1 8 2 . 4 8 S 7 8 ° 1 8 ' 5 0 " E 6 6 . 2 5 L=2 6 0 . 0 9 R=5 7 2 . 2 2 Δ=2 6 ° 0 2 ' 3 3 " N50°00'05"W 97.12 L=120.48 R=345.00 Δ=20°00'34"N16°18'17"E 46.47 N32°24'43"E 87.06 M A G N A I L I N B I T MAG NAIL IN BITMAG NAIL IN BIT46.5' 1 0 3 . 8 ' 75.9'S. 1 S H E E T N U M B E R : D A T E : Phone :hLWeZaWer 'rLYe 6XLWe Fax 0LnneWonNa 01 Toll Free LICENSE NO. 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 VERTICAL SCALE: HORIZONTAL SCALE: DRAWN: CHECKED: DESIGNED:INITIAL ISSUE: REVISIONS:PREPARED FOR: N:\0041069.00\DWG\CIVIL\0041069SP01.DWG 0 9 / 2 3 / 2 0 2 2 THERAPY OPS, HASTING C 2 0 0 HASTINGS, MN THERAPY OPS, HASTINGSITE PLAN 09/23/2022 . . . 09/23/2022 1460 COUNTY ROAD C WEST ROSEVILLE, MN 55113 CONTINUUM CONSTRUCTION, INC. . . N O T F O R C O N S T R U C T I O N © 2022 Westwood Professional Services, Inc. C o m m o n G r o u n d A l l i a n c e C a l l 4 8 H o u r s b e f o r e d i g g i n g : 8 1 1 o r c a l l 8 1 1 . c o m 0 ' 2 0 ' 4 0 ' 6 0 ' 1 " = 2 0 ' . . . . . . . . . . 20' P R O J E C T N U M B E R : 0 0 4 1 0 6 9 . 0 0 S . 1 0 S . 1 R E F E R E N C E S I Z E M n D O T D E S I G N A T I O N H A N D I C A P A C C E S S I B L E 1 2 " X 1 8 " R 7 - 8 M 1 B 6 1 2 C U R B A N D G U T T E R 1 0 P R I V A T E P A R A L L E L P E D E S T R I A N C U R B R A M P 1 5 H A N D I C A P A C C E S S I B L E S I G N A G E A N D S T R I P I N G 1 9 P A V E M E N T S E C T I O N S 2 2 S A W C U T C O N T R O L J O I N T 1 · Z O N I N G : C - 4 , R E G I O N A L S H O P P I N G C E N T E R · P A R C E L D E S C R I P T I O N : L O T 2 , B L O C K 1 , W E S T V I E W C O M M O N S A D D I T I O N · P R O P E R T Y A R E A : 4 7 , 5 2 7 S F ( 1 . 0 9 A C ) · B U I L D I N G G R O S S S I Z E : 2 , 3 3 6 S F · P A R K I N G S P A C E / D R I V E A I S L E : 9 ' W I D E X 1 8 ' L O N G , 2 2 ' A I S L E · P A R K I N G R A T I O R E Q U I R E M E N T C I T Y O F H A S T I N G S G E N E R A L O F F I C E : 1 S P A C E / 3 0 0 S F O F B L D G T O T A L S P A C E S R E Q U I R E D : 8 S P A C E S T O T A L S P A C E S A L L O W E D : 1 0 S P A C E S · P A R K I N G P R O P O S E D : 1 6 S I G N L E G E N D S I T E D E T A I L S S I T E D E V E L O P M E N T S U M M A R Y 1 . B A C K G R O U N D I N F O R M A T I O N F O R T H I S P R O J E C T P R O V I D E D B Y W E S T W O O D P R O F E S S I O N A L S E R V I C E S , M I N N E T O N K A , M N , 0 9 / 1 6 / 2 0 2 2 . 2 . L O C A T I O N S A N D E L E V A T I O N S O F E X I S T I N G T O P O G R A P H Y A N D U T I L I T I E S A S S H O W N O N T H I S P L A N A R E A P P R O X I M A T E . C O N T R A C T O R S H A L L F I E L D V E R I F Y S I T E C O N D I T I O N S A N D U T I L I T Y L O C A T I O N S P R I O R T O E X C A V A T I O N / C O N S T R U C T I O N . I F A N Y D I S C R E P A N C I E S A R E F O U N D , T H E E N G I N E E R S H O U L D B E N O T I F I E D I M M E D I A T E L Y . 3 . R E F E R T O B O U N D A R Y S U R V E Y F O R L O T B E A R I N G S , D I M E N S I O N S A N D A R E A S . 4 . A L L D I M E N S I O N S A R E T O F A C E O F C U R B O R E X T E R I O R F A C E O F B U I L D I N G U N L E S S O T H E R W I S E N O T E D . 5 . R E F E R T O A R C H I T E C T U R A L P L A N S F O R E X A C T B U I L D I N G D I M E N S I O N S A N D L O C A T I O N S O F E X I T S , R A M P S , A N D T R U C K D O C K S . 6 . A L L C U R B R A D I I A R E S H A L L B E 3 . 0 F E E T ( T O F A C E O F C U R B ) U N L E S S O T H E R W I S E N O T E D . 7 . A L L C U R B A N D G U T T E R S H A L L B E B 6 1 2 U N L E S S O T H E R W I S E N O T E D . 8 . T H E C O N T R A C T O R S H A L L B E R E S P O N S I B L E F O R P R O V I D I N G A N D M A I N T A I N I N G T R A F F I C C O N T R O L D E V I C E S S U C H A S B A R R I C A D E S , W A R N I N G S I G N S , D I R E C T I O N A L S I G N S , F L A G G E R S A N D L I G H T S T O C O N T R O L T H E M O V E M E N T O F T R A F F I C W H E R E N E C E S S A R Y . P L A C E M E N T O F T H E S E D E V I C E S S H A L L B E A P P R O V E D B Y T H E C I T Y A N D E N G I N E E R P R I O R T O P L A C E M E N T . T R A F F I C C O N T R O L D E V I C E S S H A L L C O N F O R M T O A P P R O P R I A T E M N D O T S T A N D A R D S . 9 . B I T U M I N O U S P A V E M E N T A N D C O N C R E T E S E C T I O N S T O B E I N A C C O R D A N C E W I T H T H E R E C O M M E N D A T I O N S O F T H E G E O T E C H N I C A L E N G I N E E R . 1 0 . C O N T R A C T O R S H A L L M A I N T A I N F U L L A C C E S S T O A D J A C E N T P R O P E R T I E S D U R I N G C O N S T R U C T I O N A N D T A K E A L L P R E C A U T I O N S N E C E S S A R Y T O A V O I D P R O P E R T Y D A M A G E T O A D J A C E N T P R O P E R T I E S . 1 1 . S I T E L I G H T I N G S H O W N O N P L A N I S F O R R E F E R E N C E O N L Y . R E F E R T O L I G H T I N G P L A N P R E P A R E D B Y O T H E R S F O R S I T E L I G H T I N G D E T A I L S A N D P H O T O M E T R I C S . G E N E R A L S I T E N O T E S P R O P E R T Y L I N E S E T B A C K L I N E E A S E M E N T L I N E C U R B A N D G U T T E R L O T L I N E P O N D N O R M A L W A T E R L E V E L R E T A I N I N G W A L L C O N C R E T E P A V E M E N T N U M B E R O F P A R K I N G S T A L L S T R A N S F O R M E R S I T E L I G H T I N G E X I S T I N G P R O P O S E D F E N C E X X H E A V Y D U T Y B I T U M I N O U S P A V E M E N T N O R M A L D U T Y B I T U M I N O U S P A V E M E N T T R A F F I C S I G N P O W E R P O L E B O L L A R D / P O S T C O N C R E T E S I D E W A L K T I P - O U T C U R B A N D G U T T E R S I T E L E G E N D 5 T A M A T C H E X I S T I N G C U R B A N D P A V E M E N T S I T E N O T E S A X - C - 0 1 PROPOSED BLDG2,336 SFFFE = 848.5 830 835 840 840 8 4 5 845 845850850850 829 831 832 833 834 836 8 3 6 837 8 3 7 838838839 839 841 841 842 842 8 4 3 843 843844 84 4 844 844 844 846 846 846 8 4 7 847 847 8 4 8 848 848849849849849849849849849851851851 842 8 4 3 SOUTHFRONTAGEROAD W E S T V I E W DRI V E S T STSST S T S S S T S S T SANSANSANSANSANSANSANSAN S A N S A N S A N S A N S A N S A N X X X X X STOSTOSTOSTOSTOSTOST O S T O S T O S T O S T O STO STO STO STO STO STO STO STO 8 4 5 845850850 84 4 8 4 4 8 4 6 846 8 4 7 847 848 848849849 835 840 834 8 3 6 8 3 7 8 3 8 839 841 842 843 850 846847848849 8 3 0 829 8 3 1 8 3 2 8 3 3 50 6 6 S T O S T O S T O S T O ST O STOSTOSTOSTO S T O S S T STO STO STOSTOPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUG P U G P U G P U G P U G PU G PU G PU G P U G P U G P U G PU G PU G PUG PUG PUG PUG PUG PUG W A T W A T W A T WATWATWAT RIM=851.15INV(E)=836.19INV(W)=838.858'' PVC R I M = 8 4 5 . 3 8 I N V ( E ) = 8 3 2 . 5 8 I N V ( W ) = 8 3 2 . 5 8 8'' PVC 8 ' ' P V C R I M = 8 3 7 . 8 6 I N V ( S / N ) = 8 3 1 . 6 6 I N V ( W ) = 8 3 1 . 6 6 I N V ( S W ) = 8 3 1 . 6 6 SAN SAN SAN SAN SAN SAN R I M = 8 4 1 . 3 0 I N V ( E ) = 8 3 1 . 8 0 I N V ( W ) = 8 3 1 . 8 0 8 ' ' P V C R I M = 8 3 0 . 3 9 I N V ( S ) = 8 2 3 . 3 9 I N V ( N ) = 8 2 3 . 8 9 SAN SAN S T O STO S T O 851 850 849 848 847 846SFSFSFSFSFSFSFSFSF S F SF SF SF SF SF SF SF SF SF 848.45 847.80 846.62847.50847.90 847.90847.90 8 4 7 . 9 0 847.58847.58847.4 6 8 4 5 . 4 0 8 4 4 . 8 7 8 4 4 . 7 5 8 4 3 . 7 6 8 4 2 . 9 5 8 4 3 . 3 0 8 4 4 . 0 5 846.77848.50848.50848.42 848.50 8 4 8 . 5 0 8 4 6 . 0 0 847.02 8 4 3 . 3 5 848.00848.50 848.00848.5 0 8 4 7 8 4 8 848.608 4 7 . 9 0 845 8 4 5 8 4 4 8 4 4 8 4 4 846 8 4 6 8 4 7 8 4 7 8 4 7 847847847 847847848 8 4 8 8 4 8 848 84884 8 8 4 8 848849 8 4 5 8 4 4 8 4 6 8 4 6 S H E E T N U M B E R : D A T E : Phone :hLWeZaWer 'rLYe 6XLWe Fax 0LnneWonNa 01 Toll Free LICENSE NO. 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 VERTICAL SCALE: HORIZONTAL SCALE: DRAWN: CHECKED: DESIGNED:INITIAL ISSUE: REVISIONS:PREPARED FOR: N:\0041069.00\DWG\CIVIL\0041069GD01.DWG 0 9 / 2 3 / 2 0 2 2 THERAPY OPS, HASTING C 3 0 0 HASTINGS, MN THERAPY OPS, HASTING GRADING & EROSION CONTROL PLAN 09/23/2022 . . . 09/23/2022 1460 COUNTY ROAD C WEST ROSEVILLE, MN 55113 CONTINUUM CONSTRUCTION, INC. . . N O T F O R C O N S T R U C T I O N © 2022 Westwood Professional Services, Inc. C o m m o n G r o u n d A l l i a n c e C a l l 4 8 H o u r s b e f o r e d i g g i n g : 8 1 1 o r c a l l 8 1 1 . c o m 0 ' 2 0 ' 4 0 ' 6 0 ' 1 " = 2 0 ' . . . . . . . . . . 20' P R O J E C T N U M B E R : 0 0 4 1 0 6 9 . 0 0 1 . L O C A T I O N S A N D E L E V A T I O N S O F E X I S T I N G T O P O G R A P H Y A N D U T I L I T I E S A S S H O W N O N T H I S P L A N A R E A P P R O X I M A T E . C O N T R A C T O R S H A L L F I E L D V E R I F Y S I T E C O N D I T I O N S A N D U T I L I T Y L O C A T I O N S P R I O R T O E X C A V A T I O N / C O N S T R U C T I O N . T H E E N G I N E E R S H A L L B E N O T I F I E D I M M E D I A T E L Y I F A N Y D I S C R E P A N C I E S A R E F O U N D . 2 . C O N T R A C T O R S S H A L L R E F E R T O A R C H I T E C T U R A L P L A N S F O R E X A C T L O C A T I O N S A N D D I M E N S I O N S O F V E S T I B U L E , S L O P E D P A V E M E N T , E X I T P O R C H E S , R A M P S , T R U C K D O C K S , P R E C I S E B U I L D I N G D I M E N S I O N S , E X A C T B U I L D I N G U T I L I T Y E N T R A N C E L O C A T I O N S , A N D E X A C T L O C A T I O N S A N D N U M B E R O F D O W N S P O U T S . 3 . A L L E X C A V A T I O N S H A L L B E I N A C C O R D A N C E W I T H T H E C U R R E N T E D I T I O N O F " S T A N D A R D S P E C I F I C A T I O N S F O R T R E N C H E X C A V A T I O N A N D B A C K F I L L / S U R F A C E R E S T O R A T I O N " A S P R E P A R E D B Y T H E C I T Y E N G I N E E R S A S S O C I A T I O N O F M I N N E S O T A . 4 . A L L D I S T U R B E D U N P A V E D A R E A S A R E T O R E C E I V E S I X I N C H E S O F T O P S O I L A N D S O D O R S E E D . T H E S E A R E A S S H A L L B E W A T E R E D U N T I L A H E A L T H Y S T A N D O F G R A S S I S O B T A I N E D . S E E L A N D S C A P E P L A N F O R P L A N T I N G A N D T U R F E S T A B L I S H M E N T . 5 . T H E C O N T R A C T O R S H A L L B E R E S P O N S I B L E F O R P R O V I D I N G A N D M A I N T A I N I N G T R A F F I C C O N T R O L D E V I C E S S U C H A S B A R R I C A D E S , W A R N I N G S I G N S , D I R E C T I O N A L S I G N S , F L A G M E N A N D L I G H T S T O C O N T R O L T H E M O V E M E N T O F T R A F F I C W H E R E N E C E S S A R Y . P L A C E M E N T O F T H E S E D E V I C E S S H A L L B E A P P R O V E D B Y T H E E N G I N E E R P R I O R T O P L A C E M E N T . T R A F F I C C O N T R O L D E V I C E S S H A L L C O N F O R M T O A P P R O P R I A T E M N D O T S T A N D A R D S . 6 . A L L S L O P E S S H A L L B E G R A D E D T O 3 : 1 O R F L A T T E R , U N L E S S O T H E R W I S E I N D I C A T E D O N T H I S S H E E T . 7 . C O N T R A C T O R S H A L L U N I F O R M L Y G R A D E A R E A S W I T H I N L I M I T S O F G R A D I N G A N D P R O V I D E A S M O O T H F I N I S H E D S U R F A C E W I T H U N I F O R M S L O P E S B E T W E E N P O I N T S W H E R E E L E V A T I O N S A R E S H O W N O R B E T W E E N S U C H P O I N T S A N D E X I S T I N G G R A D E S . 8 . S P O T E L E V A T I O N S S H O W N I N D I C A T E F I N I S H E D P A V E M E N T E L E V A T I O N S & G U T T E R F L O W L I N E U N L E S S O T H E R W I S E N O T E D . P R O P O S E D C O N T O U R S A R E T O F I N I S H E D S U R F A C E G R A D E . 9 . S E E S O I L S R E P O R T F O R P A V E M E N T T H I C K N E S S E S A N D H O L D D O W N S . 1 0 . C O N T R A C T O R S H A L L D I S P O S E O F A N Y E X C E S S S O I L M A T E R I A L T H A T E X I S T S A F T E R T H E S I T E G R A D I N G A N D U T I L I T Y C O N S T R U C T I O N I S C O M P L E T E D . T H E C O N T R A C T O R S H A L L D I S P O S E O F A L L E X C E S S S O I L M A T E R I A L I N A M A N N E R A C C E P T A B L E T O T H E O W N E R A N D T H E R E G U L A T I N G A G E N C I E S . 1 1 . A L L C O N S T R U C T I O N S H A L L C O N F O R M T O L O C A L , S T A T E A N D F E D E R A L R U L E S I N C L U D I N G T H E N A T I O N A L P O L L U T A N T D I S C H A R G E E L I M I N A T I O N S Y S T E M ( N P D E S ) P E R M I T R E Q U I R E M E N T S . 1 2 . P R I O R T O P L A C E M E N T O F A N Y S T R U C T U R E O R P A V E M E N T , A P R O O F R O L L , A T M I N I M U M , W I L L B E R E Q U I R E D O N T H E S U B G R A D E . P R O O F R O L L I N G S H A L L B E A C C O M P L I S H E D B Y M A K I N G M I N I M U M O F 2 C O M P L E T E P A S S E S W I T H F U L L Y - L O A D E D T A N D E M - A X L E D U M P T R U C K , O R A P P R O V E D E Q U A L , I N E A C H O F 2 P E R P E N D I C U L A R D I R E C T I O N S W H I L E U N D E R S U P E R V I S I O N A N D D I R E C T I O N O F T H E I N D E P E N D E N T T E S T I N G L A B O R A T O R Y . A R E A S O F F A I L U R E S H A L L B E E X C A V A T E D A N D R E - C O M P A C T E D A S S P E C I F I E D H E R E I N . 1 3 . E M B A N K M E N T M A T E R I A L P L A C E D B E N E A T H B U I L D I N G S A N D S T R E E T O R P A R K I N G A R E A S S H A L L B E C O M P A C T E D I N A C C O R D A N C E W I T H T H E S P E C I F I E D D E N S I T Y M E T H O D A S O U T L I N E D I N M N D O T 2 1 0 5 . 3 F 1 A N D T H E R E Q U I R E M E N T S O F T H E G E O T E C H N I C A L E N G I N E E R . 1 4 . E M B A N K M E N T M A T E R I A L N O T P L A C E D I N T H E B U I L D I N G P A D , S T R E E T S O R P A R K I N G A R E A , S H A L L B E C O M P A C T E D I N A C C O R D A N C E W I T H R E Q U I R E M E N T S O F T H E O R D I N A R Y C O M P A C T I O N M E T H O D A S O U T L I N E D I N M N D O T 2 1 0 5 . 3 F 2 . 1 5 . A L L S O I L S A N D M A T E R I A L S T E S T I N G S H A L L B E C O M P L E T E D B Y A N I N D E P E N D E N T G E O T E C H N I C A L E N G I N E E R . E X C A V A T I O N F O R T H E P U R P O S E O F R E M O V I N G U N S T A B L E O R U N S U I T A B L E S O I L S S H A L L B E C O M P L E T E D A S R E Q U I R E D B Y T H E G E O T E C H N I C A L E N G I N E E R . T H E C O N T R A C T O R S H A L L B E R E S P O N S I B L E F O R C O O R D I N A T I N G A L L R E Q U I R E D S O I L S T E S T S A N D I N S P E C T I O N S W I T H T H E G E O T E C H N I C A L E N G I N E E R . G R A D I N G N O T E S P R O P E R T Y L I N E S I L T F E N C E P O N D N O R M A L W A T E R L E V E L R O C K C O N S T R U C T I O N E N T R A N C E E M E R G E N C Y O V E R F L O W S T O R M S E W E R D R A I N T I L E W A T E R M A I N S A N I T A R Y S E W E R I N L E T P R O T E C T I O N E X I S T I N G P R O P O S E D I N D E X C O N T O U R I N T E R V A L C O N T O U R R E T A I N I N G W A L L S F G R A D I N G L I M I T S C U R B A N D G U T T E R F L A R E D E N D S E C T I O N ( W I T H R I P R A P ) G R A D I N G & E R O S I O N C O N T R O L L E G E N D 1.THE CONTRACTOR IS SPECIFICALLY CAUTIONED THAT THE LOCATION AND/OR ELEVATION OF EXISTINGUTILITIES AS SHOWN ON THESE PLANS ARE BASED ON RECORDS OF THE VARIOUS UTILITY COMPANIESAND LIMITED MEASUREMENTS TAKEN IN THE FIELD. THE INFORMATION SHALL NOT BE RELIED ON ASBEING EXACT OR COMPLETE. THE CONTRACTOR SHALL VERIFY EXISTING CONDITIONS PRIOR TOCONSTRUCTION AND NOTIFY THE OWNER OR ENGINEER OF DISCREPANCIES.2.ALL SILT FENCE AND OTHER EROSION CONTROL FEATURES SHALL BE IN-PLACE PRIOR TO ANYEXCAVATION/CONSTRUCTION AND SHALL BE MAINTAINED UNTIL VIABLE TURF OR GROUND COVERHAS BEEN ESTABLISHED. EXISTING SILT FENCE ON-SITE SHALL BE MAINTAINED AND OR REMOVEDAND SHALL BE CONSIDERED INCIDENTAL TO THE GRADING CONTRACT. IT IS OF EXTREMEIMPORTANCE TO BE AWARE OF CURRENT FIELD CONDITIONS WITH RESPECT TO EROSION CONTROL.TEMPORARY PONDING, DIKES, HAYBALES, ETC., REQUIRED BY THE CITY SHALL BE INCIDENTAL TO THEGRADING CONTRACT.3.EROSION AND SILTATION CONTROL (ESC): THE CONTRACTOR SHALL ASSUME COMPLETERESPONSIBILITY FOR CONTROLLING ALL SILTATION AND EROSION OF THE PROJECT AREA. THECONTRACTOR SHALL USE WHATEVER MEANS NECESSARY TO CONTROL THE EROSION AND SILTATIONINCLUDING BUT NOT LIMITED TO: CATCH BASIN INSERTS, CONSTRUCTION ENTRANCES, EROSIONCONTROL BLANKET, AND SILT FENCE. ESC SHALL COMMENCE WITH GRADING AND CONTINUETHROUGHOUT THE PROJECT UNTIL ACCEPTANCE OF THE WORK BY THE OWNER. THE CONTRACTOR'SRESPONSIBILITY INCLUDES ALL IMPLEMENTATION AS REQUIRED TO PREVENT EROSION AND THEDEPOSITING OF SILT. THE OWNER MAY DIRECT THE CONTRACTOR'S METHODS AS DEEMED FIT TOPROTECT PROPERTY AND IMPROVEMENTS. ANY DEPOSITION OF SILT OR MUD ON NEW OR EXISTINGPAVEMENT OR IN EXISTING STORM SEWERS OR SWALES SHALL BE REMOVED AFTER EACH RAIN EVENT.AFFECTED AREAS SHALL BE CLEANED TO THE SATISFACTION OF THE OWNER, ALL AT THE EXPENSE OFTHE CONTRACTOR. ALL TEMPORARY EROSION CONTROL SHALL BE REMOVED BY THE CONTRACTORAFTER THE TURF IS ESTABLISHED.4.ALL STREETS DISTURBED DURING WORKING HO U R S M U S T B E C L E A N E D A T T H E E N D O F E A C H WORKING DAY. A CONSTRUCTION ENTRANCE T O T H E S I T E M U S T B E P R O V I D E D A C C O R D I N G T O DETAILS TO REDUCE TRACKING OF DIRT ONTO P U B L I C S T R E E T S . 5.ALL UNPAVED AREAS ALTERED DUE TO CONSTR U C T I O N A C T I V I T I E S M U S T B E R E S T O R E D W I T H S E E D AND MULCH, SOD, EROSION CONTROL BLANKET O R B E H A R D S U R F A C E W I T H I N 2 W E E K S O F COMPLETION OF CONSTRUCTION.6.THE SITE MUST BE STABILIZED PER THE REQUIRE M E N T S O F T H E M P C A , N P D E S , M N D O T , A N D C I T Y . A.TEMPORARY (GREATER THAN 1-YEAR) SEED S H A L L B E M N D O T S E E D M I X 2 2 - 1 1 1 A T 3 0 . 5 - P O U N D S PER ACRE.B.TEMPORARY (LESS THAN 1-YEAR) SEED SHA L L B E M N D O T S E E D M I X 2 1 - 1 1 2 ( F A L L ) O R 2 1 - 1 1 1 (SPRING/SUMMER) AT 100-POUNDS PER AC R E C.GENERAL SEEDING SHALL BE MNDOT SEED M I X 2 5 - 1 5 1 A T 7 0 - P O U N D S P E R A C R E . D.MULCH SHALL BE MNDOT TYPE 1 APPLIED A T 2 - T O N S P E R A C R E . 9.FOR AREAS WITH SLOPE OF 3:1 OR GREATER, RES T O R A T I O N W I T H S O D O R E R O S I O N C O N T R O L BLANKET IS REQUIRED.10.ALL TEMPORARY STOCKPILES MUST HAVE SILT FE N C E I N S T A L L E D A R O U N D T H E M T O T R A P S E D I M E N T . 1 1 . A L L C O N S T R U C T I O N S H A L L C O N F O R M T O L O C A L A N D S T A T E R U L E S I N C L U D I N G T H E N A T I O N A L P O L L U T A N T D I S C H A R G E E L I M I N A T I O N S Y S T E M ( N P D E S ) P E R M I T R E Q U I R E M E N T S . 1 2 . T H E S I T E M U S T B E K E P T I N A W E L L - D R A I N E D C O N D I T I O N A T A L L T I M E S . T H E C O N T R A C T O R S H A L L B E R E S P O N S I B L E F O R T E M P O R A R Y D I T C H E S , P I P I N G O R O T H E R M E A N S R E Q U I R E D T O I N S U R E P R O P E R D R A I N A G E D U R I N G C O N S T R U C T I O N . L O W P O I N T S I N R O A D W A Y S O R B U I L D I N G P A D S M U S T B E P R O V I D E D W I T H A P O S I T I V E O U T F L O W . 1 3 . P U B L I C S T R E E T S U S E D F O R H A U L I N G S H A L L B E K E P T F R E E O F S O I L A N D D E B R I S . S T R E E T S W E E P I N G S H A L L B E C O N C U R R E N T W I T H S I T E W O R K . GENERAL EROSION CONTROL NOTES S T O W A T S A N G L E . O . F . H E A V Y D U T Y S I L T F E N C E H D S F R E D U N D A N T S I L T C O N T R O L R S C 9 8 2 9 8 0 9 8 2 9 8 0 S P O T E L E V A T I O N 9 0 0 . 0 0 9 0 0 . 0 0 X - C - 0 1 PROPOSED BLDG2,336 SFFFE = 848.5W E T T A P T O E X I S T I N G W A T E R 36 LF - 4 " S A N @ 1 3 . 2 % CON S T R U C T S A N M H O V E R EXIST I N G S A N S E W E R RE=8 4 8 . 5 6 IE(N) = 8 3 6 . 7 6 EX. IE ( W , E ) = 8 3 4 . 7 6 ± 48 LF - 6" WM 1 5 L F - 1 2 " S T R M @ 2 . 0 % CO N N E C T T O E X I S T I N G S T R U C T U R E R E = 8 4 3 . 7 1 E X . I E ( N E , W ) = 8 3 4 . 9 1 I E ( S E ) = 8 3 9 . 0 4 C B M H R E = 8 4 3 . 3 4 I E ( N W ) = 8 3 9 . 3 4 4" S A N S T U B IE=8 4 1 . 5 0 6" COMBINED WM STUB6" GV SOUTHFRONTAGEROAD W E S T V I E W DRI V E S T STSST S T S S S T S S T SANSANSANSANSANSANSANSAN S A N S A N S A N S A N S A N S A N X X X X X STOSTOSTOSTOSTOSTOSTO S T O S T O ST O S T O STO STO STO STO STO STO STO STO 50 S T O S T O S T O S T O ST O STOSTOSTOSTO S T O STO STO STO STO STOSTOPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUG P U G P U G P U G P U G PU G PU G PU G P U G P U G P U G PUG PU G PU G PUG PUG PUG PUG PUG W A T W A T W A T WATWATWAT R I M = 8 4 1 . 8 8 I N V ( N ) = 8 3 3 . 5 8 I N V ( E ) = 8 2 6 . 4 8 I N V ( S W ) = 8 3 3 . 7 8 1 8 ' ' R C P RIM=846.19INV(E)=836.19INV(N)=836.89INV(W)=836.9912'' RCP 15'' RCP18'' RCP R I M = 8 4 3 . 7 1 I N V ( N E ) = 8 3 4 . 9 1 I N V ( W ) = 8 3 4 . 9 1 RIM=851.15INV(E)=836.19INV(W)=838.858'' PVC RIM=850.13INV(E)=843.73INV(SE)=843.93INV(W)=844.0318'' RCPRIM=849.25INV(NW)=842.85INV(E)=842.8518'' RCP 18'' RCP RIM=849.87INV(W)=843.47INV(SE)=843.27 R I M = 8 4 5 . 2 8 I N V ( N E ) = 8 4 1 . 0 8 I N V ( S W ) = 8 4 1 . 0 8 1 8 ' ' R C P R I M = 8 4 5 . 3 8 I N V ( E ) = 8 3 2 . 5 8 I N V ( W ) = 8 3 2 . 5 8 8'' PVC 8 ' ' P V C R I M = 8 3 7 . 8 6 I N V ( S / N ) = 8 3 1 . 6 6 I N V ( W ) = 8 3 1 . 6 6 I N V ( S W ) = 8 3 1 . 6 6 SAN SAN SAN R I M = 8 4 1 . 3 0 I N V ( E ) = 8 3 1 . 8 0 I N V ( W ) = 8 3 1 . 8 0 8 ' ' P V C R I M = 8 4 1 . 7 4 I N V ( S W ) = 8 3 3 . 9 4 I N V ( N ) = 8 3 3 . 3 4 18'' R C P R I M = 8 3 1 . 9 6 I N V ( N ) = 8 2 5 . 1 6 I N V ( W ) = 8 2 5 . 4 6 I N V ( S ) = 8 2 5 . 4 6 18'' RCP 2 1 ' ' R C P R I M = 8 4 7 . 1 1 I N V ( S E ) = 8 4 3 . 8 1 I N V ( S W ) = 8 4 3 . 2 1 STO S T O R I M = 8 4 3 . 1 8 I N V ( E ) = 8 4 0 . 1 4 S H E E T N U M B E R : D A T E : Phone :hLWeZaWer 'rLYe 6XLWe Fax 0LnneWonNa 01 Toll Free LICENSE NO. 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 VERTICAL SCALE: HORIZONTAL SCALE: DRAWN: CHECKED: DESIGNED:INITIAL ISSUE: REVISIONS:PREPARED FOR: N:\0041069.00\DWG\CIVIL\0041069UT01.DWG 0 9 / 2 3 / 2 0 2 2 THERAPY OPS, HASTING C 4 0 0 HASTINGS, MN THERAPY OPS, HASTINGUTILITY PLAN 09/23/2022 . . . 09/23/2022 1460 COUNTY ROAD C WEST ROSEVILLE, MN 55113 CONTINUUM CONSTRUCTION, INC. . . N O T F O R C O N S T R U C T I O N © 2022 Westwood Professional Services, Inc. C o m m o n G r o u n d A l l i a n c e C a l l 4 8 H o u r s b e f o r e d i g g i n g : 8 1 1 o r c a l l 8 1 1 . c o m 0 ' 2 0 ' 4 0 ' 6 0 ' 1 " = 2 0 ' . . . . . . . . . . 20' 4' or 2' P R O J E C T N U M B E R : 0 0 4 1 0 6 9 . 0 0 S A N E X I S T I N G P R O P O S E D S A N I T A R Y S E W E R S T O S T O R M S E W E R W A T W A T E R M A I N E A S E M E N T L I N E P R O P E R T Y L I N E W A T H Y D R A N T G A T E V A L V E D R A I N T I L E F L A R E D E N D S E C T I O N ( W I T H R I P R A P ) L I G H T P O L E G A S G A S G A S P U G U N D E R G R O U N D E L E C T R I C P U G T U G U N D E R G R O U N D T E L E P H O N E T O H P O H O V E R H E A D E L E C T R I C P O H T O H O V E R H E A D T E L E P H O N E T O H F O T E L E P H O N E F I B E R O P T I C F O C T V C A B L E T E L E V I S I O N C T V F M F M S A N I T A R Y S E W E R F O R C E M A I N C U R B A N D G U T T E R U T I L I T Y L E G E N D 1 . T H E C O N T R A C T O R I S S P E C I F I C A L L Y C A U T I O N E D T H A T T H E L O C A T I O N A N D / O R E L E V A T I O N O F E X I S T I N G U T I L I T I E S A S S H O W N O N T H E S E P L A N S A R E B A S E D O N R E C O R D S O F T H E V A R I O U S U T I L I T Y C O M P A N I E S A N D L I M I T E D M E A S U R E M E N T S T A K E N I N T H E F I E L D . T H E I N F O R M A T I O N S H A L L N O T B E R E L I E D O N A S B E I N G E X A C T O R C O M P L E T E . T H E C O N T R A C T O R S H A L L V E R I F Y E X I S T I N G C O N D I T I O N S P R I O R T O C O N S T R U C T I O N A N D N O T I F Y T H E O W N E R O R E N G I N E E R O F D I S C R E P A N C I E S . 2 . A L L S A N I T A R Y S E W E R , S T O R M S E W E R A N D W A T E R M A I N M A T E R I A L A N D I N S T A L L A T I O N S S H A L L B E P E R C I T Y R E Q U I R E M E N T S , M I N N E S O T A P L U M B I N G C O D E , A N D I N A C C O R D A N C E W I T H T H E C U R R E N T E D I T I O N O F " S T A N D A R D S P E C I F I C A T I O N S F O R W A T E R M A I N A N D S E R V I C E L I N E I N S T A L L A T I O N A N D S A N I T A R Y S E W E R A N D S T O R M S E W E R I N S T A L L A T I O N " A S P R E P A R E D B Y T H E C I T Y E N G I N E E R S A S S O C I A T I O N O F M I N N E S O T A . 3 . P R I O R T O C O N S T R U C T I O N , T H E C O N T R A C T O R S H A L L O B T A I N T H E N E C E S S A R Y F E D E R A L , S T A T E A N D L O C A L P E R M I T S F O R T H E P R O P O S E D W O R K O R V E R I F Y W I T H T H E O W N E R O R E N G I N E E R T H A T P E R M I T S H A V E B E E N O B T A I N E D . P E R M I T F E E S S H A L L B E T H E R E S P O N S I B I L I T Y O F T H E C O N T R A C T O R U N L E S S O T H E R W I S E A R R A N G E D W I T H T H E O W N E R . 4 . C O N T R A C T O R S H A L L R E F E R T O A R C H I T E C T U R A L P L A N S F O R E X A C T L O C A T I O N A N D D I M E N S I O N S O F D O O R W A Y S , R A M P S , T R U C K D O C K S , P R E C I S E B U I L D I N G D I M E N S I O N S A N D E X A C T B U I L D I N G U T I L I T Y C O N N E C T I O N L O C A T I O N S . 5 . A L L P R I V A T E U T I L I T I E S S H A L L B E C O N S T R U C T E D I N A C C O R D A N C E W I T H T H E S P E C I F I C A T I O N S O F T H E A P P R O P R I A T E U T I L I T Y C O M P A N Y . T H E C O N T R A C T O R S H A L L C O O R D I N A T E T H E S E R V I C E L I N E C O N S T R U C T I O N W I T H T H E U T I L I T Y C O M P A N I E S . 6 . C O N T R A C T O R S H A L L O B T A I N A L L N E C E S S A R Y C I T Y P E R M I T S F O R U T I L I T Y C O N N E C T I O N S , A N D U T I L I T I E S S H A L L B E I N S P E C T E D A N D A P P R O V E D B Y T H E C I T Y . T H E C I T Y S H A L L B E N O T I F I E D 4 8 - H O U R S P R I O R T O C O M M E N C I N G W I T H T H E U T I L I T Y C O N S T R U C T I O N O R A N Y R E Q U I R E D T E S T I N G . C O N T R A C T O R S H A L L N O T O P E R A T E , I N T E R F E R E W I T H , C O N N E C T A N Y P I P E O R H O S E T O , O R T A P A N Y W A T E R M A I N B E L O N G I N G T O T H E C I T Y U N L E S S D U L Y A U T H O R I Z E D T O D O S O B Y T H E C I T Y . A N Y A D V E R S E C O N S E Q U E N C E S O F S C H E D U L E D O R U N S C H E D U L E D D I S R U P T I O N S O F S E R V I C E T O T H E P U B L I C A R E T O B E T H E R E S P O N S I B I L I T Y O F T H E C O N T R A C T O R . 7 . W A T E R M A I N L E N G T H S A S S H O W N A R E A P P R O X I M A T E H O R I Z O N T A L L E N G T H S . A L L O W F O R A D D I T I O N A L P I P E W H E N I N S T A L L I N G O N S L O P E S O R W H E N D E F L E C T I O N S A R E R E Q U I R E D . T H E J O I N T D E F L E C T I O N S S H A L L N O T E X C E E D T H E M A X I M U M R E C O M M E N D E D B Y T H E P I P E M A N U F A C T U R E R O R B Y L O C A L G O V E R N I N G S P E C I F I C A T I O N S . F I T T I N G S R E Q U I R E D T O C O N S T R U C T W A T E R M A I N S H A L L B E I N C L U D E D I N W A T E R M A I N C O N S T R U C T I O N . 8 . P R O V I D E W A T E R M A I N T H R U S T R E S T R A I N T S P E R C I T Y S T A N D A R D R E Q U I R E M E N T S . 9 . A M I N I M U M V E R T I C A L S E P A R A T I O N O F 1 8 I N C H E S I S R E Q U I R E D A T A L L W A T E R L I N E C R O S S I N G S W I T H S A N I T A R Y S E W E R O R S T O R M S E W E R . T H E W A T E R L I N E S H A L L N O T H A V E J O I N T S O R C O N N E C T I O N W I T H I N 1 0 - F E E T O F T H E C R O S S I N G . I N S U L A T E C R O S S I N G S W I T H S T O R M S E W E R . 1 0 . U T I L I T Y S E R V I C E S T Y P I C A L L Y T E R M I N A T E 5 ' O U T S I D E B U I L D I N G W A L L U N L E S S O T H E R W I S E S H O W N O R N O T E D . 1 1 . D U C T I L E I R O N W A T E R L I N E S S H A L L B E C L A S S 5 2 , P E R A W W A C 1 1 5 O R C 1 5 1 . C O P P E R W A T E R L I N E S S H A L L B E T Y P E K P E R A S T M B 8 8 . P V C W A T E R L I N E S S H A L L B E P E R A W W A C 9 0 0 A N D I N S T A L L E D P E R A W W A C 6 0 5 I F A L L O W E D B Y C I T Y . 1 2 . A L L W A T E R L I N E S S H A L L H A V E < < 7 . 5 ' O R 8 ' > > M I N I M U M C O V E R . I N S U L A T E W A T E R M A I N I F L E S S T H A N 8 ' O F C O V E R . I N S U L A T I O N S H A L L B E D O W S T Y R O F O A M H I B R A N D 3 5 O R E Q U I V A L E N T , W I T H 4 I N C H E S O F T H I C K N E S S . 1 3 . S A N I T A R Y S E W E R P I P E O U T S I D E T H E B U I L D I N G E N V E L O P E S H A L L B E P O L Y V I N Y L C H L O R I D E ( P V C ) S D R 3 5 O R 2 6 . S D R 2 6 I S R E Q U I R E D F O R D E P T H S G R E A T E R T H A N 1 5 F E E T . S A N I T A R Y S E W E R P I P E W I T H I N 5 F E E T O F T H E B U I L D I N G A N D U N D E R F O O T I N G S S H A L L B E S C H E D U L E 4 0 P E R A S T M D 2 6 6 5 . A L L P L A S T I C S A N I T A R Y S E W E R S H A L L B E I N S T A L L E D P E R D 2 3 2 1 . S O L V E N T W E L D J O I N T S M U S T I N C L U D E U S E O F A P R I M E R W H I C H I S O F A C O N T R A S T I N G C O L O R T O T H E P I P E A N D C E M E N T . A L L S A N I T A R Y S E W E R S H A L L B E T E S T E D A C C O R D I N G T O M I N N E S O T A P L U M B I N G C O D E , P A R T 7 1 2 . 0 . 1 4 . S T O R M S E W E R P I P E : A . R C P A N D H D P E P I P E M A Y B E I N S T A L L E D W I T H A P P R O V A L O F L O C A L G O V E R N I N G A G E N C Y . B . R E I N F O R C E D C O N C R E T E P I P E S H A L L B E C L A S S 5 F O R P I P E D I A M E T E R S 1 8 " A N D S M A L L E R , C L A S S 3 F O R P I P E D I A M E T E R S 2 1 " A N D L A R G E R U N L E S S O T H E R W I S E N O T E D , P E R A S T M C 7 6 , W I T H G A S K E T S P E R A S T M C 4 4 3 . C . H D P E S T O R M P I P E 4 - T O 1 0 - I N C H E S I N D I A M E T E R S H A L L M E E T R E Q U I R E M E N T S O F A A S H T O M 2 5 2 . H D P E S T O R M P I P E 1 2 - T O 6 0 - I N C H E S I N D I A M E T E R S H A L L M E E T R E Q U I R E M E N T S O F A S T M F 2 3 0 6 . F I T T I N G S S H A L L B E P E R A S T M D 3 2 1 2 A N D I N S T A L L E D P E R A S T M D 2 3 2 1 . D . P V C S T O R M S E W E R P I P E A N D F I T T I N G S S H A L L B E S C H E D U L E 4 0 P I P E P E R A S T M D 2 6 6 5 A N D I N S T A L L E D P E R A S T M D 2 3 2 1 . E . C O R R U G A T E D M E T A L P I P E ( C M P ) F O R S I Z E S 1 8 - T O 1 2 0 - I N C H A N D M U S T M E E T A S T M A 7 6 0 O R A S T M A 7 9 6 A N D B E I N S T A L L E D P E R A S T M A 7 9 8 . C M P M A Y N O T B E I N S T A L L E D W I T H I N 1 0 - F E E T O F A W A T E R M A I N , W A T E R S E R V I C E , O R A B U I L D I N G . F . A L L S T O R M S E W E R J O I N T S A N D S T R U C T U R E C O N N E C T I O N S S H A L L B E G A S T I G H T O R W A T E R T I G H T A S R E Q U I R E D B Y M I N N E S O T A P L U M B I N G C O D E , P A R T 7 0 7 . 3 . S T O R M S E W E R L O C A T E D W I T H I N 1 0 - F E E T O F A B U I L D I N G A N D / O R W A T E R L I N E S H A L L B E T E S T E D P E R M I N N E S O T A P L U M B I N G C O D E , P A R T 7 1 2 . 1 5 . A L L N O N C O N D U C T I V E P I P E S H A L L B E I N S T A L L E D W I T H A L O C A T E ( T R A C E R ) W I R E P E R M I N N E S O T A R U L E S , P A R T 7 5 6 0 . 0 1 5 0 . 1 6 . A F T E R C O N S T R U C T I O N I S C O M P L E T E D , T H E C O N T R A C T O R S H A L L P R O V I D E T H E O W N E R W I T H A N A S - B U I L T R E C O R D O F U T I L I T Y C O N S T R U C T I O N . T H E A S - B U I L T S H A L L I N C L U D E L O C A T I O N A N D L E N G T H D E V I A T I O N S O R C H A N G E S T O T H E P L A N . C O N T R A C T O R T O V E R I F Y W I T H O W N E R O R E N G I N E E R W H E T H E R A P L A N W I T H P O S T - C O N S T R U C T I O N E L E V A T I O N S I S R E Q U I R E D . 1 7 . A L L M A N H O L E C A S T I N G S I N P A V E D A R E A S S H A L L B E S U M P E D 0 . 0 5 F E E T . R I M E L E V A T I O N S O N P L A N R E F L E C T T H E S U M P E D E L E V A T I O N S . 1 8 . A L L C A T C H B A S I N C A S T I N G S I N C U R B S H A L L B E S U M P E D 0 . 1 5 F E E T A N D M A N H O L E C A S T I N G S I N P A V E D A R E A S S H A L L B E S U M P E D 0 . 0 5 F E E T . R I M E L E V A T I O N S O N P L A N R E F L E C T T H E S U M P E D E L E V A T I O N S . G E N E R A L U T I L I T Y N O T E S S D T X - C - 0 1 S H E E T N U M B E R : D A T E : Phone :hLWeZaWer 'rLYe 6XLWe Fax 0LnneWonNa 01 Toll Free LICENSE NO. 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 VERTICAL SCALE: HORIZONTAL SCALE: DRAWN: CHECKED: DESIGNED:INITIAL ISSUE: REVISIONS:PREPARED FOR: N:\0041069.00\DWG\CIVIL\0041069DT01.DWG 0 9 / 2 3 / 2 0 2 2 THERAPY OPS, HASTING C 5 0 0 HASTINGS, MN THERAPY OPS, HASTINGDETAILS 09/23/2022 . . . 09/23/2022 1460 COUNTY ROAD C WEST ROSEVILLE, MN 55113 CONTINUUM CONSTRUCTION, INC. . . N O T F O R C O N S T R U C T I O N © 2022 Westwood Professional Services, Inc. C o m m o n G r o u n d A l l i a n c e C a l l 4 8 H o u r s b e f o r e d i g g i n g : 8 1 1 o r c a l l 8 1 1 . c o m . . . . . . . . . . ### ## or ## P R O J E C T N U M B E R : 0 0 4 1 0 6 9 . 0 0 LAST REVISED:01/09/20B6 STYLE CURB AND GUTTERSI01 NOTES:1.EXPANSION JOINT SPACING IS 100'2.MIN. 3" CL. 5 UNDER C.&G.3.CURB SHALL BE PER MnDOT SPEC 2531 7"8"X"Y"6"13 1/2"Curb TypeXYB612B618B62424"18"12"20"26"32"SLOPE 3/4" PER FT.13R-3"R=3"R=1/2"TIP OUT SLOPE 3/4" PER FT.HANDICAP SYM B O L L A S T R E V I S E D : 0 8 / 1 5 / 1 7 HANDICAP ACCESSIBLE SIGNAGE AND STRIPING S I 1 5 HANDICAP SIGN NOPARKINGNOTE:BOTTOM OF SI G N S T O B E M O U N T E D 60"-66" FROM P A R K I N G G R A D E , S E E SIGN POST INS T A L L A T I O N D E T A I L HANDICAP PARKING NOTE:STRIPING TO MATCHPARKING, UNLESSPER LOCAL CODE NOTE:SEE PLAN FOR PARKING LAYOUT NO PARKINGPARKINGVEHICLE IDREQUIREDUP TO $200 FINEFOR VIOLATIONVANACCESSIBLE N O P A R K I N G A C C E S S A I S L E HANDICAP PARKING SPACE WITHPAINTED INTERNATIONAL SYMBOL OFACCESSIBILITY WITH CONTRASTINGSQUARE BACKGROUND, CENTEREDTOWARD DRIVE AISLE. H A N D I C A P P A R K I N G S I G N S , 1 2 " X 1 8 " , O R P E R L O C A L C O D E HANDICAP SIGNCENTERED AT HEAD OFSPACE ON CENTER STRIPEHANDICAP PARKING ACCESSAISLE WITH PAINTED 12"HIGH LETTERING OF "NOPARKING" CENTEREDTOWARD DRIVE AISLE PER CITYCODE H A N D I C A P V A N A C C E S S I B L E P A R K I N G S I G N , 1 2 " X 1 6 " , O R P E R L O C A L C O D E , A S A P P L I C A B L E FACE OF CURBSIDEWALKHANDICAP SIGNCENTERED AT HEAD OFSPACE, 2' MIN. AND 8'MAX. FROM FACE OFCURB2"-0"2"-0" 1 0 " D I A M E T E R C E N T E R S Y M B O L I N P A R K I N G S T A L L , A L L L I N E S T O B E 5 " W I D E 2"-0"NO PARKING 4" WIDE PAINTED STRIPINGAT 45 DEGREES AND AT 2'O.C. AT ACCESS AISLE 8'MIN.8'MIN.8'MIN.5° 67.5 ° S I 1 9 P A V E M E N T S E C T I O N S S H O W N A R E F O R P L A N N I N G P U R P O S E S O N L Y . R E F E R T O G E O T E C H N I C A L R E P O R T F O R F I N A L P A V E M E N T S E C T I O N S . L A S T R E V I S E D : 0 8 / 1 5 / 1 7 P A V E M E N T S E C T I O N S X " M n D O T T Y P E S P W E A 3 4 0 E W E A R I N G C O U R S E X " M n D O T T Y P E S P N W B 3 3 0 E B A S E C O U R S E X " M n D O T S P E C . 3 1 3 8 C L A S S 5 X " C O N C R E T E P A V E M E N T W / # 4 R E B A R A T 1 6 " O . C . E A C H W A Y X " M n D O T S P E C . 3 1 3 8 C L A S S 5 C O N C R E T E P A V E M E N T B I T U M I N O U S P A V E M E N T ( H E A V Y D U T Y ) B I T U M I N O U S P A V E M E N T ( S T A N D A R D D U T Y ) C O M P A C T E D S A N D S U B G R A D E ( 1 0 0 % S T A N D A R D P R O C T O R ) C O M P A C T E D S A N D S U B G R A D E ( 1 0 0 % S T A N D A R D P R O C T O R ) M N D O T S P E C . 2 3 5 7 B I T U M I N O U S T A C K C O A T X " M n D O T T Y P E S P W E A 3 4 0 E W E A R I N G C O U R S E X " M n D O T T Y P E S P N W B 3 3 0 E B A S E C O U R S E X " M n D O T S P E C . 3 1 3 8 C L A S S 5 C O M P A C T E D S A N D S U B G R A D E ( 1 0 0 % S T A N D A R D P R O C T O R ) M N D O T S P E C . 2 3 5 7 B I T U M I N O U S T A C K C O A T 12"MIN.LAST REVISED:08/15/17SILT FENCEGD02 RUNOFF PONDING HEIGHT FLOW FLOW PONDING HEIGHTRUNOFFNOTES:1.INSPECT AND REPAIR FENCE AFTER EACH STORM EVENT AND REMOVE SEDIMENT WHEN NECESSARY.2.REMOVED SEDIMENT SHALL BE DEPOSITED TO AN AREA THAT WILL NOT CONTRIBUTE SEDIMENT OFF-SITE AND CAN BE PERMANENTLY STABILIZED.3.SILT FENCE SHALL BE PLACED ON SLOPE CONTOURS TO MAXIMIZE PONDING EFFICIENCY.TRENCH WITH NATIVE BACKFILLALTERNATIVE DETAIL EXTRA STRENGTH FILTER FABRICTYPE II - ADD WIRE MESH BACKING TYPE III - ADD WIRE MESH AND HAY BALESSTEEL ORWOOD POST36" HIGH MAX.STEEL ORWOOD POST FILTER FABRIC,ATTACH SECURELYTO UPSTREAMSIDE OF POST4"x6" TRENCHWITH COMPACTEDBACKFILLGRAVEL 8"12"MIN.9" MAX.RECOMMENDEDSTORAGE HEIGHT 10'-0" MAX. SPACING WITHWIRE SUPPORT FENCE.6'-0" MAX. SPACINGWITHOUT WIRE SUPPORTFENCESTANDARD DETAILTRENCH WITH GRAVEL G D 3 1 NOTES:1.INFRASAFE 2'x3' DEBRIS COLLECTION DEVICE OR ENGINEER APPROVED EQUA L . 2.PLACE 400-MICRON BAG IN EACH BASKET PER MANUFACTURER'S SPECIFICATI O N S . 3.PLACE GRATE OVER COLLECTION DEVICE.4.CLEAN AND MAINTAIN BASKETS WHEN SEDIMENT IS MAXIMUM 3-INCHES FR O M T O P O F B A S K E T S . 5.CLEANING AND MAINTENANCE SHALL BE CONSIDERED INCIDENTAL. L A S T R E V I S E D : 0 8 / 1 5 / 1 7 MANUFACTURED 2'x3'INLET PROTECTION CASTING CASTING CASTING N . T . S . LAST REVISED:04/21/17WM02GATE VALVE TYLER SERIES 6860, ITEM G OR EQUAL COMPACTEDBACKFILL GATE BOX TO RESTON CONCRETE BLOCKSMIN. 4" ABOVE PIPE OR VALVESET RIM 1/4" - 1/2" BELOWFINISHED SURFACEMECHANICAL JOINTFITTING W/ RETAINERGLANDS (TYP)8'-0"4" MIN.NOTES:1.GATE VALVE CLOCKWISE OPENING ON SPWU SYSTEM OPENING2.COUNTERCLOCKWISE OPENING ON NORTH ST. PAUL SYSTEM VALVESCONFORMING TO AWWA C-5093.12" WATERMAIN AND LARGER REQUIRE BUTTERFLY VALVES BASE SUPPORT DETAILSTANDARD VALVE BOX L A S T R E V I S E D : 0 8 / 0 8 / 1 7 WATERMAIN WET TAP W M 1 5 BITUMASTIC ANTI-CORROSIVE CO A T I N G REQUIRED ON BARE METALS.(AEROSOL SPRAY IS NOT ACCEPT A B L E ) ALL BOLTS MUST BE 304 STAINLE S S S T E E L . AANOTE:1.DUCTILE IRON WATER MAIN SHALL HAVE CONDUCTIVITYSTRAP WELDED TO EXISTING MAIN AS SHOWN.CONDUCTIVE STRAP(SEE NOTES)8" C O N C R E T E B L O C K UNDI S T U R B E D E A R T H COM P A C T E D GRA N U L A R B A C K F I L L RESIL I E N T W E D G E V A L V E CON F O R M I N G T O A W W A C 5 0 9 STA N D A R D S 4" - 12" S.S. TAPPING SLEEVESECTION A-A PLAN V A R I E S ( S E E P L A N ) L A S T R E V I S E D : 0 8 / 1 0 / 1 7 S T 0 3 S T A N D A R D M A N H O L E A A N O T E S : 1 . B A S E T O B E G R O U T E D T O F O R M A S M O O T H I N V E R T T O O U T L E T . 2 . P I P E C U T - O U T S T O B E L O C A T E D W H E R E R E Q U I R E D . 3 . S E E D E T A I L S T 1 6 F O R C A S T I N G T Y P E . M I N I M U M O F T W O 2 " A D J U S T I N G R I N G S C O N C R E T E C A T C H B A S I N M A N H O L E A N D B A S E T O B E C R E T E X T Y P E 4 3 3 B O R A P P R O V E D E Q U A L M A N H O L E C O V E R T O B E C R E T E X T Y P E I I W I T H E I T H E R 2 7 " R O U N D O R 2 4 " x 3 6 " R E C T A N G U L A R O P E N I N G VARIES 2 4 " S E C T I O N A - A P L A N 3 6 " X - C - 0 1 PROPOSED BLDG2,336 SFFFE = 848.5 C C CCC A ABBSOUTHFRONTAGEROAD W E S T V I E W DRI V E S T STSST S T S S S T S S T SANSANSANSANSANSANSANSANSANSAN S A N S A N S A N S A N X X X X X STOSTOSTOSTOSTOSTOSTOSTO S T O S T O S T O STO STO STO STO STO STO STO STO 50 6 6 S T O S T O S T O STOSTOSTOSTOSTOSTO S T O S S T STO STOSTOPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUG P U G PU G PU G PU G P U G PUG P U G PU G PU G PUG PUG PUG PUG PUG PUG W A T W A T WATWATWATWAT SAN SAN SAN SAN SAN SAN SAN SAN S T O STO S T O S H E E T N U M B E R : D A T E : Phone :hLWeZaWer 'rLYe 6XLWe Fax 0LnneWonNa 01 Toll Free LICENSE NO. I HEREBY CERTIFY THAT THIS PLAN WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED LANDSCAPE ARCHITECT UNDER THE LAWS OF THE STATE OF MINNESOTA VERTICAL SCALE: HORIZONTAL SCALE: DRAWN: CHECKED: DESIGNED:INITIAL ISSUE: REVISIONS:PREPARED FOR: N:\0041069.00\DWG\CIVIL\0041069PL01.DWG 0 9 / 2 3 / 2 0 2 2 THERAPY OPS, HASTING L 1 0 0 HASTINGS, MN THERAPY OPS, HASTINGLANDSCAPE PLAN 09/23/202209/23/202209/23/2022 . . . 09/23/2022 1460 COUNTY ROAD C WEST ROSEVILLE, MN 55113 CONTINUUM CONSTRUCTION, INC. . .. .. JEFF WESTENDORF N O T F O R C O N S T R U C T I O N © 2022 Westwood Professional Services, Inc. C o m m o n G r o u n d A l l i a n c e C a l l 4 8 H o u r s b e f o r e d i g g i n g : 8 1 1 o r c a l l 8 1 1 . c o m 0 ' 2 0 ' 4 0 ' 6 0 ' 1 " = 2 0 ' . . . . . . . . . . 20' 4' or 2' P R O J E C T N U M B E R : 0 0 4 1 0 6 9 . 0 0 ASHREDDED HARDWOOD MULCH (TYP.)BEDGER (TYP.)CSOD (TYP.)DROCK MULCH A LANDSCAPE KEYNOT E S LANDSCAPE LEGENDSHRUBS OVERSTORY DECIDUOUS TREEORNAMENTAL TREEPERENNIALSEDGER C A N O P Y / E V E R G R E E N T R E E R E Q U I R E M E N T 1 C A N O P Y / E V E R G R E E N T R E E P E R 5 0 L F O F S I T E P E R I M E T E R ( 8 8 5 / 5 0 = 1 7 . 7 T R E E S ) T R E E S R E Q U I R E D = 1 8 T R E E S P R O V I D E D = 1 8 ( 5 P R O P O S E D C O N I F E R O U S T R E E S + 1 3 P R O P O S E D D E C I D U O U S T R E E S ) S H R U B R E Q U I R E M E N T 1 S H R U B P E R 4 0 L F O F S I T E P E R I M E T E R ( 8 8 5 / 4 0 = 2 2 . 1 2 5 S H R U B S ) S H R U B S R E Q U I R E D = 2 3 S H R U B S S H R U B S P R O V I D E D = 2 3 ( 6 P R O P O S E D C O N I F E R O U S S H R U B S + 1 7 P R O P O S E D D E C I D U O U S S H R U B S ) S C R E E N I N G R E Q U I R E M E N T A N O P A Q U E L A N D S C A P I N G F E A T U R E A M I N . O F 3 0 " I N H E I G H T I S R E Q U I R E D B E T W E E N A N Y P A R K I N G L O T O R D R I V E W A Y A N D T H E A D J A C E N T S T R E E T . P R O P E R T I E S A D J A C E N T T O R E S I D E N T I A L U S E S : A L L O F F - S T R E E T P A R K I N G , L O A D I N G F A C I L I T I E S , E X T E R I O R S T O R A G E A R E A S , M E C H A N I C A L A R E A , A N D D R I V E W A Y S H A L L B E E F F E C T I V E L Y S C R E E N E D F R O M A R E A S Z O N E D O R G U I D E D A S R E S I D E N T I A L . L A N D S C A P E S U M M A R Y B & B - - N W M 2 . 5 " C A L . B & B - - N P O 2 . 5 " C A L . B & B - - T C H 1 . 5 " C A L . - - W S B 2 . 5 " C A L . B & B - - B H S 6 ' H T . - - M J J - - D B H B & B - - I M H 2 . 5 " C A L . B & B B & B - - N W S 6 ' H T . - - R G D - - D K L - - M W G C O N T . - - B N S N O R T H W O O D M A P L E W H I T E S P I R E B I R C H I M P E R I A L H O N E Y L O C U S T N O R T H E R N P I N O A K O V E R S T O R Y T R E E A B B R E V I A T I O N S : B & B = B A L L E D A N D B U R L A P P E D C A L . = C A L I P E R H T . = H E I G H T M I N . = M I N I M U M O . C . = O N C E N T E R S P . = S P R E A D Q T Y . = Q U A N T I T Y C O N T . = C O N T A I N E R N O T E : Q U A N T I T I E S O N P L A N S U P E R S E D E L I S T Q U A N T I T I E S I N T H E E V E N T O F A D I S C R E P A N C Y . O R N A M E N T A L T R E E C O N I F E R O U S T R E E C O N I F E R O U S S H R U B D E C I D U O U S S H R U B T H O R N L E S S C O C K S P U R H A W T H O R N B L A C K H I L L S S P R U C E N O R W A Y S P R U C E B I R D ' S N E S T S P R U C E M I N T J U L E P J U N I P E R D W A R F B U S H H O N E Y S U C K L E M I N U E T W E I G E L A R E D G N O M E D O G W O O D D W A R F K O R E A N L I L A C R O O T S I Z E B O T A N I C A L N A M E A C E R R U B R U M ' N O R T H W O O D ' B E T U L A P O P U L I F O L I A ' W H I T E S P I R E ' G L E D I T S I A T R I A C A N T H O S V A R . I N E R M I S ' I M P C O L E ' Q U E R C U S E L L I P S O I D A L I S C R A T A E G U S C R U S G A L L I ' I N E R M I S ' P I C E A G L A U C A D E N S A T A P I C E A A B I E S P I C E A A B I E S ' N I D I F O R M I S ' J U N I P E R U S C H I N E N S I S ' M O N L E P ' D I E R V I L L A L O N I C E R A W E I G E L A F L O R I D A ' M I N U E T ' C O R N U S A L B A S I B I R I C A S Y R I N G A M E Y E R I ' P A L I B I N ' A S S H O W N A S S H O W N A S S H O W N A S S H O W N A S S H O W N A S S H O W N A S S H O W N S P A C I N G S I N G L E S I N G L E S I N G L E F U L L S I N G L E S I N G L E - - - - F U L L - - - - - - - - R E M A R K S P L A N T S C H E D U L E C O M M O N C O D E Q T Y 1 1 2 5 6 1 7 4 ' - 0 " O . C . 3 ' - 0 " O . C . 4 ' - 0 " O . C . 5 ' - 0 " O . C . 3 ' - 0 " O . C . 5 ' - 0 " O . C . # 5 # 5 # 5 # 5 # 5 # 5 C O N T . C O N T . C O N T . C O N T . C O N T . - - B J D - - A S D P E R E N N I A L S A P R I C O T S P A R K L E S D A Y L I L Y B A J A D A Y L I L Y H E M E R O C A L L I S ' A P R I C O T S P A R K L E S ' H E M E R O C A L L I S ' B A J A ' - - - - 6 5 1 8 " O . C . 1 2 " O . C . # 1 # 1 C O N T . C O N T . - - R U S - - S W E - - P W W - - A J S P O W W O W W I L D B E R R Y E C H I N A C E A W H I T E S W A N E C H I N A C E A R U S S I A N S A G E A U T U M N J O Y S E D U M E C H I N A C E A P U R P U R E A ' P O W W O W W I L D B E R R Y ' E C H I N A C E A P U R P U R E A ' W H I T E S W A N ' P E R O V S K I A A T R I P L I C F O L I A S E D U M X ' A U T U M N J O Y ' - - - - - - - - 1 8 " O . C . 1 8 " O . C . 1 8 " O . C . 1 8 " O . C . # 1 # 1 # 1 # 1 C O N T . C O N T . C O N T . C O N T . X - C - 0 1 X-C-01 X-C-01 8'-0"16'-3" 32'-5" 60'-1" 13 ' - 5 " 6'- 9 1 / 2 " 20 ' - 2 1 / 2 " 6'- 4 1 / 2 " 5'- 0 " 7' - 9 1 / 2 " 6'-0" 18'-0" 19'-2" 6'-6" 11 ' - 1 1 " 7'- 9 1 / 8 " 11 ' - 3 " 3'-6" 8'- 4 " 8'-0" 42 ' - 1 " 58'-5 1/8" 2022 Copyright. This Print/Computer File Is The Exclusive Property Of Little Box, Inc. Use Only For Purpose Which Loaned. Copying Or Reproducing Is Prohibited. Return Upon Request. THERAPY OPS AT WESTVIEW COMMONS li t t l e bo x PRELIM PLAN 20221012 1/8" = 1'-0" 348 EAST 44TH STREET Minneapolis, MN 55409 CONTACT: JEREMY NELSON jnelson@littleboxinc.com NORTH X-C-01 T h e L i g h t i n g A n a l y s i s , e z L a y o u t , E n e r g y A n a l y s i s a n d /o r V i s u a l S i m u l a t i o n ("L i g h t i n g D e s i g n ) p r o v i d e d b y R O U Z E R ("R O U Z E R ")r e p r e s e n t s a n a n t i c i p a t e d p r e d i c t i o n o f l i g h t i n g s y s t e m p e r f o r m a n c e b a s e d u p o n d e s i g n p a r a m e t e r s a n d i n f o r m a t i o n s u p p l i e d b y o t h e r s . T h e s e d e s i g n p a r a m e t e r s a n d i n f o r m a t i o n p r o v i d e d b y o t h e r s h a v e n o t b e e n f i e l d v e r i f i e d b y R O U Z E R a n d t h e r e f o r e a c t u a l m e a s u r e d r e s u l t s m a y v a r y f r o m t h e a c t u a l f i e l d c o n d i t i o n s . R O U Z E R r e c o m m e n d s t h a t d e s i g n p a r a m e t e r s a n d o t h e r i n f o r m a t i o n b e f i e l d v e r i f i e d t o r e d u c e v a r i a t i o n . R O U Z E R n e i t h e r w a r r a n t i e s , e i t h e r i m p l i e d o r s t a t e d w i t h r e g a r d t o a c t u a l m e a s u r e d l i g h t l e v e l s o r e n e r g y c o n s u m p t i o n l e v e l s a s c o m p a r e d t o t h o s e i l l u s t r a t e d b y t h e L i g h t i n g D e s i g n . R O U Z E R n e i t h e r w a r r a n t i e s , e i t h e r i m p l i e d o r s t a t e d , n o r r e p r e s e n t s t h e a p p r o p r i a t e n e s s , c o m p l e t e n e s s o r s u i t a b i l i t y o f t h e L i g h t i n g D e s i g n i n t e n t a s c o m p l i a n t w i t h a n y a p p l i c a b l e r e g u l a t o r y c o d e r e q u i r e m e n t s w i t h t h e e x c e p t i o n o f t h o s e s p e c i f i c a l l y s t a t e d o n d r a w i n g s c r e a t e d a n d s u b m i t t e d b y R O U Z E R . T h e L i g h t i n g d e s i g n i s i s s u e d , i n w h o l e o r i n p a r t , a s a d v i s o r y d o c u m e n t s f o r i n f o r m a t i o n a l p u r p o s e s a n d i s n o t i n t e n d e d f o r c o n s t r u c t i o n n o r a s b e i n g p a r t o f a p r o j e c t 's c o n s t r u c t i o n d o c u m e n t a t i o n p a c k a g e . Fi l e n a m e : C : \ U s e r s \ E r i c \ R o u z e r G r o u p \ R o u z e r I n s i d e - R o u z e r I n s i d e D o c u m e n t s \ R A B \ R o u z e r L a y o u t s \ E r i c s A G I \ C o n t i n u u m H a s t i n g s . A G I Dr a w n B y : E r i c N e p h e w Sc a l e : a s n o t e d Fi l e n a m e : C o n t i n u u m H a s t i n g s . A G I Da t e : 9 / 2 0 / 2 0 2 2 Pr e p a r e d F o r : W i n l e c t r i c Co n t i n u u m H a s t i n g s Li g h t i n g L a y o u t Ve r s i o n A Jo b N a m e : Scale: 1 inch= 10 Ft. 0.0 0.0 0.0 0.0 0.0 0.1 0.0 0.0 0.0 0.0 0.0 0.2 0.2 0.2 0.2 0.2 0.2 0.2 0.2 0.2 0.2 0.3 0.2 0.2 0.1 0.0 0.0 0.1 0.1 0.1 0.1 0.1 0.1 0.0 0.0 0.0 0.0 0.3 0.4 0.5 0.5 0.4 0.4 0.5 0.5 0.5 0.4 0.3 0.2 0.2 0.1 0.1 0.2 0.2 0.3 0.4 0.4 0.4 0.0 0.0 0.0 0.0 0.0 0.7 1.0 1.1 1.1 1.1 1.1 1.0 0.8 0.6 0.4 0.3 0.2 0.2 0.3 0.4 0.6 0.9 1.1 1.3 1.2 1.7 2.3 2.5 2.4 2.4 1.9 1.2 0.8 0.5 0.3 0.2 0.4 0.6 0.9 1.3 1.8 2.3 3.2 3.2 2.7 4.0 4.6 4.4 4.4 3.2 1.9 1.1 0.7 0.4 0.3 0.6 0.9 1.6 2.4 3.2 4.5 8.3 13.3 3.9 6.2 8.3 8.3 7.5 4.9 2.8 1.5 0.8 0.5 0.3 0.7 1.0 1.8 3.2 5.2 8.3 12.4 18.0 4.8 8.3 13.4 15.1 10.9 6.3 3.4 1.8 0.9 0.5 0.2 0.6 0.9 1.6 3.0 5.3 8.4 9.8 8.7 12.6 9.3 4.0 9.5 9.9 4.3 5.3 8.7 14.3 16.5 11.6 6.6 3.6 1.8 0.8 0.3 0.1 0.5 0.8 1.4 2.3 3.7 5.0 5.4 4.6 4.1 3.2 2.2 2.6 2.8 2.9 4.3 6.6 9.5 10.7 8.3 5.2 3.0 1.5 0.6 0.3 0.1 0.4 0.7 1.0 1.6 2.1 2.5 2.6 2.3 1.9 1.4 1.1 1.0 1.2 1.7 2.7 4.0 5.4 5.9 4.8 3.2 1.9 1.0 0.5 0.2 0.1 0.3 0.4 0.6 0.8 1.0 1.1 1.1 1.0 0.9 0.8 0.7 0.7 0.8 1.0 1.4 2.2 3.0 3.2 2.7 1.7 1.0 0.7 0.4 0.3 0.1 0.1 0.2 0.2 0.2 0.2 0.3 0.3 0.3 0.3 0.3 0.4 0.5 0.5 0.6 0.8 1.2 1.7 1.8 1.4 0.9 0.6 0.5 0.4 0.2 0.1 0.0 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.2 0.2 0.3 0.3 0.4 0.5 0.6 0.8 0.9 0.7 0.5 0.4 0.3 0.3 0.2 0.1 0.0 0.0 0.0 0.0 0.0 0.1 0.1 0.1 0.1 0.1 0.1 0.2 0.2 0.2 0.3 0.3 0.4 0.4 0.4 0.3 0.3 0.2 0.2 0.2 0.1 X-C-01 Fi l e n a m e : C : \ U s e r s \ E r i c \ R o u z e r G r o u p \ R o u z e r I n s i d e - R o u z e r I n s i d e D o c u m e n t s \ R A B \ R o u z e r L a y o u t s \ E r i c s A G I \ C o n t i n u u m H a s t i n g s . A G I Sc a l e : a s n o t e d Fi l e n a m e : C o n t i n u u m H a s t i n g s . A G I Da t e : 9 / 2 0 / 2 0 2 2 NOTES: * The light loss factor (LLF) is a product of many variables, only lamp lumen depreciation (LLD) has been applied to the calculated results unless otherwise noted. The LLD is the result (quotient) of mean lumens / initial lumens per lamp manufacturers' specifications. * Illumination values shown (in footcandles) are the predicted results for planes of calculation either to the plane of calculation. * The calculated results of this lighting simulation represent an anticipated prediction of system performance. Actual measured results may vary from the anticipated performance and are subject to means and methods which are beyond the control of the designer. * Mounting height determination is job site specific, our lighting simulations assume a mounting height (insertion point of the luminaire symbol) to be taken at the top of the symbol for ceiling mounted luminaires and at the bottom of the symbol for all other luminaire mounting configurations. * RAB Lighting Inc. luminaire and product designs are protected under U.S. and International intellectual property laws. horizontal, vertical or inclined as designated in the calculation summary. Meter orientation is normal Patents issued or pending apply. T h e L i g h t i n g A n a l y s i s , e z L a y o u t , E n e r g y A n a l y s i s a n d /o r V i s u a l S i m u l a t i o n ("L i g h t i n g D e s i g n ) p r o v i d e d b y R O U Z E R ("R O U Z E R ")r e p r e s e n t s a n a n t i c i p a t e d p r e d i c t i o n o f l i g h t i n g s y s t e m p e r f o r m a n c e b a s e d u p o n d e s i g n p a r a m e t e r s a n d i n f o r m a t i o n s u p p l i e d b y o t h e r s . T h e s e d e s i g n p a r a m e t e r s a n d i n f o r m a t i o n p r o v i d e d b y o t h e r s h a v e n o t b e e n f i e l d v e r i f i e d b y R O U Z E R a n d t h e r e f o r e a c t u a l m e a s u r e d r e s u l t s m a y v a r y f r o m t h e a c t u a l f i e l d c o n d i t i o n s . R O U Z E R r e c o m m e n d s t h a t d e s i g n p a r a m e t e r s a n d o t h e r i n f o r m a t i o n b e f i e l d v e r i f i e d t o r e d u c e v a r i a t i o n . R O U Z E R n e i t h e r w a r r a n t i e s , e i t h e r i m p l i e d o r s t a t e d w i t h r e g a r d t o a c t u a l m e a s u r e d l i g h t l e v e l s o r e n e r g y c o n s u m p t i o n l e v e l s a s c o m p a r e d t o t h o s e i l l u s t r a t e d b y t h e L i g h t i n g D e s i g n . R O U Z E R n e i t h e r w a r r a n t i e s , e i t h e r i m p l i e d o r s t a t e d , n o r r e p r e s e n t s t h e a p p r o p r i a t e n e s s , c o m p l e t e n e s s o r s u i t a b i l i t y o f t h e L i g h t i n g D e s i g n i n t e n t a s c o m p l i a n t w i t h a n y a p p l i c a b l e r e g u l a t o r y c o d e r e q u i r e m e n t s w i t h t h e e x c e p t i o n o f t h o s e s p e c i f i c a l l y s t a t e d o n d r a w i n g s c r e a t e d a n d s u b m i t t e d b y R O U Z E R . T h e L i g h t i n g d e s i g n i s i s s u e d , i n w h o l e o r i n p a r t , a s a d v i s o r y d o c u m e n t s f o r i n f o r m a t i o n a l p u r p o s e s a n d i s n o t i n t e n d e d f o r c o n s t r u c t i o n n o r a s b e i n g p a r t o f a p r o j e c t 's c o n s t r u c t i o n d o c u m e n t a t i o n p a c k a g e . ***LAYOUT AND BOM ARE SUBJECT TO APPROVAL*** Dr a w n B y : E r i c N e p h e w Pr e p a r e d F o r : W i n l e c t r i c Ve r s i o n A Jo b N a m e : Co n t i n u u m H a s t i n g s Li g h t i n g L a y o u t Luminaire Schedule Expanded Luminaire Location Summary LumNo Tag X Symbol Qty Tag Label Arrangement Lum. Lumens Arr. Lum. Lumens Y MTG HT Orient Tilt LLF Description Lum. Watts 1 A 94.6 119.16 Calculation Summary Arr. Watts Total Watts Filename 23 Label CalcType Units 90 0 2 A2 205.616 120.074 23 Avg Max Min Avg/Min 135 0 2 Max/Min A2 Description PtSpcLr PtSpcTb Meter Type CalcPts_1 Illuminance Fc 1.94 18.0 0.0 N.A. 3 S SLIM17FA30ADJ SINGLE 3540 3540 1.000 SLIM17FA15ADJ N.A. 29.67 29.67 89.01 slim17fa30adj_5k.ies 208.444 120.074 23 45 0 Readings taken at 0'-0" AFG 1 A A17XFU150 SINGLE 20261 20261 1.000 3 S A17XFU150 150.63 150.63 150.63 154.25 122.3 10 90 0 a17xfu150-150w_5k.ies 4 S 1 A2 A17XFU150 2 @ 90 2 @ 90 DEGREES 20261 40522 1.000 A17XFU150 150.63 301.26 301.26 a17xfu150-150w_5k.ies 123.19 122.3 10 90 0 10 10 Horizontal 5 S 109.29 113.08 10 180 0 Total Quantity: 6 X-C-01 X-C-01 City Council Memorandum To: Mayor Fasbender & City Councilmembers From: Dan Wietecha, City Administrator Date: November 7, 2022 Item: Fire Relief Association Pension Council Action Requested: Set the benefit level at $11,000 per year of service and approve the Resolution Opting to Join the Statewide Volunteer Firefighter Plan. Background Information: Pension Benefit Level - Members of the Hastings Fire Department Relief Association are eligible for a pension upon retirement. At 10 years of service, the pension vests at 60%. At 20 years of service, the pension vests at 100%. The current benefit level is $7,000 per year of service; this was last increased in 2020. There is a best practice of setting the benefit level to align the Annual Financial Requirement (blue line in attachment) with the amount of State Fire Aid (top green line). This way, the State Aid is utilized to directly offset benefit costs rather than building the retirement fund’s assets. The recommendation is to increase the benefit level to $11,000 per year of service, which would align the Annual Requirement with the State Aid. Additionally, transferring administration of the pension to the State plan requires other changes in the pension design, notably 40% vesting at 5 years of service and increasing to 100% at 20 years. It also calculates on a per year of service rather than prorating months for partial year of service. Pension Administration - The Fire Relief Association’s financial advisor will be retiring and has recommended the Association join the Statewide Volunteer Firefighter Plan administered by the Public Employees Retirement Association (PERA). This would have less expensive management fees and a reduction in reporting paperwork. Financial Impact: N/A Committee Discussion: Finance Committee (Vaughan*, Folch, Fox) met October 19 and November 1 and voted unanimously in favor of the recommendations. Attachments: • SVFP Financial Analysis • Resolution Opting to Join the Statewide Volunteer Firefighter Plan X-E-01 Public Employees Retirement Association of Minnesota 60 Empire Drive, Suite 200 St. Paul, MN 55103-2088 Phone: 651-296-7460 or 1-800-652-9026 Website: www.mnpera.org November 2, 2022 PERA ID NUMBER Governing Body and Fire Chief Hastings Fire Department TLikes@hastingsmn.gov; dwietecha@hastingsmn.gov Vesting Schedule: 40% at 5 yrs, increasing 4% until 100% at 20 yrs A. Benefit Level (per year of service):11,000$ 9,000$ 10,000$ 15,000$ B. Projected Present Assets 12/31/2022 [Attached]4,520,460 4,520,460 4,520,460 4,520,460 C. Accrued Liability 12/31/2022 [Attached]3,435,421 2,956,561 3,195,991 4,393,141 D. Surplus/ (Deficit) [B-C]1,085,039 1,563,900 1,324,470 127,319 E. Funding Ratio at 12/31/2022 [B/C]132%153%141%103% F. Accrued Liability 12/31/2023 [Attached]3,763,444 3,231,138 3,497,291 4,828,057 G. Annual Financial Requirement: Increase in Liability [F -C]328,023 274,577 301,300 434,916 H. Annual Financial Requirement: PERA Fees [$30/member]1,410 1,410 1,410 1,410 I. Annual Financial Requirement: 1/10th of Deficit/(Surplus) [D/10](108,504)(156,390)(132,447)(12,732) J. Annual Financial Requirement: Total [G+H+I]220,929 119,597 170,263 423,594 K. Reductions to Annual Financial Requirement: Projected Annual Fire State Aid [2022 Amount @1.035]225,982 225,982 225,982 225,982 Projected Investment Earnings [6% on Projected Assets 12/31/2022]271,228 271,228 271,228 271,228 L. Estimated Required Contribution [J - K]None None None None If you have questions, please contact me by email at gemma.miltich@mnpera.org or by phone at 651-201-2645. Sincerely, Gemma Miltich Accounting Officer, PERA We received your request for a cost analysis to estimate the cost of joining the Statewide Volunteer Firefighter Plan administered by PERA. We have prepared this cost analysis for the benefit levels you requested. The results are shown below. Please note that these are estimates only. Should you choose to join the Statewide Volunteer Firefighter Plan on January 1, 2023, we will calculate the required contribution for December 31, 2023 in accordance with Minnesota Statutes Section 353G.08, Subdivision 1, and provide that information to the governing body soon after we receive the resolution to join. The figures shown above on Line L are estimates of required contributions that would be due on December 31, 2023. These estimates are based on the member information provided on your SC-22 form. Please review the membership information and provide us with any corrections to that information. If applicable, we will prepare an updated cost estimate based on the corrected membership information provided. X-E-01 CITY OF HASTINGS RESOLUTION NO. A RESOLUTION OPTING TO JOIN THE STATEWIDE VOLUNTEER FIREFIGHTER PLAN The City Council of the City of Hastings Minnesota, does ordain: WHEREAS: The City is authorized to join the Statewide Volunteer Firefighter Plan administered by the Public Employees Retirement Association (PERA); and WHEREAS: The City and the City’s Fire Department Relief Association (if one exists) have jointly consented to and obtained a cost analysis for joining the Statewide Volunteer Firefighter Plan from PERA not more than 120 days ago; and WHEREAS: The City highly values the contributions of City Fire Department members to the safety and well being of our community and wishes to safeguard their pension investments in a prudent manner; and WHEREAS: The existing service pension level for the City Fire Department is currently at the $7,000 pension level per year of service pursuant to current relief association bylaws. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HASTINGS, MINNESOTA: 1) The City hereby approves coverage by and requests participation in the Statewide Volunteer Firefighter Plan administered by PERA under the terms provided in the PERA cost analysis at the $11,000 pension level per year of service, effective January 1, 2023; and 2) The City hereby approves coverage by and requests participation in the Statewide Volunteer Firefighter Plan administered by PERA under the terms provided in the PERA cost analysis with the vesting schedule beginning at 40% after 5 years of service, increasing by 4% each year until 100% vesting is reached after 20 years of service; and 3) The City Clerk/Administrator and Mayor are hereby authorized to execute all documents necessary to effectuate the intent of this resolution. The motion for the adoption of the foregoing resolution was proposed by Councilmember _______________ and was duly seconded by Councilmember _________________ and upon vote being taken thereon, the following voted in favor: And the following voted against the same: X-E-01 Whereupon said resolution was declared duly passed and adopted by the City Council of the City of Hastings, on November 7, 2022. BY: ATTEST: Mary Fasbender, Mayor Kelly Murtaugh, City Clerk X-E-01