HomeMy WebLinkAbout20221219 - 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, December 19, 2022 7:00 p.m.
I. CALL TO ORDER
II. PLEDGE OF ALLEGIANCE
III. ROLL CALL
IV. DETERMINATION OF QUORUM
Recognition of Milestone Employees
5 Years 15 Years
Jonathan Buck Kathy Belisle
Patrick Diedrich Justin Fortney
Adam Harklerode Adam Schumacher
Renier Steenkamp Al Storlie
Alana Siebenaler Joey Trautman
David Wilske John Townsend
Scott Wittle
16 Years
6 Years Chris Stone
Michael Beard
Brian Jansen 20 Years
John Hinzman
10 Years
Randy Gray 30 Years
Ryan Kline Bill McNamara
Patrick Lippert Gary Ruedy
Jamie Stevens
Robert Wargo 35 Years
Mark Peine
Recognition of Outgoing Commissioners:
Todd Matzke, Planning Commission
Kathy Sovik-Siemens, Heritage Preservation Commission
Emily Chouman, Heritage Preservation Commission
Connie Blasing, Heritage Preservation Commission
Bryon Ascheman, Public Safety Advisory Commission
Jesse Starkson, Public Safety Advisory Commission
Ben Spader, Parks & Recreation Commission
Chelsea Piskor, Parks & Recreation Commission
Dave Pemble, Parks & Recreation Commission
Dakota County Update, Commissioner Mike Slavik
V. APPROVAL OF MINUTES
Approve Minutes of the City Council regular meeting on December 5, 2022.
VI. COMMENTS FROM THE AUDIENCE
Comments from the audience may include remarks about items listed on the Consent Agenda.
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
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. Appoint Public Safety Advisory Commissioner Andrew Caflisch and Reappoint Public
Safety Advisory Commissioner Melissa Blackstad
3. Appoint HEDRA Commissioner Estrella Carter
4. Reappoint Planning Commissioners Rob Halberg and Melanie Peters
5. Appoint Planning Commissioner Melissa McGrath
6. Appoint Heritage Preservation Commissioners Ashley Alitz Edell, Maggie McCoy, and
Patricia Bremer and Reappoint Heritage Preservation Commissioner Richard Smith
7. Reappoint Parks & Recreation Commissioners Scott Zuzek and Carl Bower
8. Resolution: Approve Massage Therapy Establishment Renewals
9. Resolution: Approve Massage Therapist Renewals
10. Resolution: Accept Donation from James and Janice Weber to the Hastings Fire
Department
11. Resolution: Accept Donation from Pat Moen Lawn Care, Inc. to the Hastings Fire
Department
12. Resolution: Accept Donation from Craig and Dianna Chapman to the Hastings Fire
Department
13. Declare Surplus Property and Authorize Public Sale – Fire Department
14. Approve Contract for Finance System Project
15. Approve Final Payment – Hastings Public Works Storage Building
16. Resolution: Approve Edit to the 2023 City Final Budget and Levy
17. Approve Revised Hastings Access Corporation Operating Agreement
18. Approve Collection Rate Increase for Tennis Sanitation
19. Authorize Signature: Boat Harbor Lease Agreement with Hastings Marina, Inc.
20. Approve Budget Amendment: Parks and Recreation and Public Works Pickup Trucks.
21. Approve Budget Amendment: Backup Hot Water Feed Pump
22. Memorandum of Understanding - Rural Fire Association
IX. AWARDING OF CONTRACTS AND PUBLIC HEARING
These are formal proceedings that give the public the opportunity to express their concern,
ask questions, provide additional information, or support on a particular matter. Once the
public hearing is closed, no further testimony is typically allowed and the Council will
deliberate amongst itself and with staff and/or applicant on potential action by the Council.
1. City Code Chapter 34: Fee Schedule
a. Public Hearing
b. 2nd Reading and Approval of Ordinance
2. City Code Chapters: 152 and 158: Storm Water Management and Property Maintenance
a. Public Hearing
b. 2nd Reading and Approval of Ordinance
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
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
D. Public Safety
E. Administration
1. Recognition of Councilmembers Lori Braucks and Mark Vaughan
a. Joint Legislative House Resolution by Representative Jurgens and Senator
Bigham
b. City Hall Photo by Hastings City Council
XI. UNFINISHED BUSINESS
XII. NEW BUSINESS
XIII. REPORTS FROM CITY COMMITTEES, OFFICERS, COUNCILMEMBERS
XIV. ADJOURNMENT
Next Regular City Council Meeting: Tuesday, January 3, 2023 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
December 5, 2022
The City Council of the City of Hastings, Minnesota met in a regular meeting on Monday, December 5,
2022 at 7:00 p.m. in the Council Chambers at the Hastings City Hall, 101 East 4th Street, Hastings, Minnesota.
Members Present: Mayor Fasbender, Councilmembers Braucks, Folch, Fox, Leifeld, Lund, and Vaughan
Members Absent: None
Staff Present: City Administrator Dan Wietecha
Assistant City Administrator Kelly Murtaugh
City Attorney Korine Land
Community Development Director John Hinzman
Facilities Manager Charlie Judge
Senior Accountant Ashley Bertrand
Building Official Travis Dunn
Police Chief David Wilske
Finance Manager Chris Eitemiller
Mayor Fasbender asked for a moment of silence to honor Kevin Hoeschen and Dean Markuson who both
recently passed away. Both were very engaged in the City of Hastings.
New Employee Introductions:
Jenna Anderson
Anne Cohoon
Employee Promotion Introduction:
Alana Siebenaler
Police Swearing-In:
Sergeant Pat Diedrich
Officer Award:
Nate Wood
Citizen Award:
Yazmine Gibson
Approval of Minutes
Mayor Fasbender asked if there were any additions or corrections to the minutes of the regular City
Council meeting on November 21, 2022.
Minutes were approved as presented.
Comments from the Audience:
Barb Hollenbeck, 212 East 2nd Street, spoke on behalf of the Arts Task Force and the anticipated adoption of
the Arts Commission this evening. She thanked the members of the Arts Task Force, City staff, and Council
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
for the move to Commission. She will be seeking appointment to the Commission as there is so much yet to
do, and will seek an extension of the two-year Commission lifespan.
Consent Agenda
Councilmember Folch motioned to approve the Consent Agenda as presented, seconded by
Councilmember Fox.
7 Ayes, 0 Nays
1. Pay Bills as Audited
2. Special Event Designation: Holiday Train – Hastings Family Service & Canadian Pacific
Railroad
3. 1st Reading and Order Public Hearing: Ordinance Amendment: City Code Chapters: 152 and 158
– Storm Water Management and Property Maintenance
4. Approve Change Order No. 4 for the Hastings Public Works Storage Building
5. Approve Change Order No. 5 for the Hastings Public Works Storage Building
6. Resolution No. 12-01-22: Provide Assurances for Special Appropriation - City Hall Dome and
HVAC Project
7. 2nd Reading\Adopt Ordinance Amendment No. 2022-19: City Code Chapter 30, Section 34.03:
Special/Non-Routine Services
8. 2nd Reading\Adopt Ordinance Amendment No. 2022-20: City Code Chapter 30: Enacting an Arts
and Culture Commission
9. Approve Memorandum of Understanding Teamsters 320 Fire Captains — Implement
Compensation Study
10. Declare Surplus Property and Authorize Public Sale: Police Department
11. Pre-Approve Capital Equipment Purchase for the Hastings Civic Arena
12. Resolution No. 12-02-22: Adopt Polling Place Locations for 2023 Elections
13. Resolution No. 12-03-22: Designate Official Newspaper
14. Resolution No. 12-04-22: Declare Insurance Liability Coverage
15. Approve Hastings Civic Arena Ice Rental Agreement with ISD 200
Public Hearing: Truth in Taxation for 2023 Budget
Wietecha presented the Truth in Taxation meeting as a requirement for adoption of the 2023 Budget.
If Council is ready, they can adopt this evening; if not, it will be on the December 19 agenda. He presented
the budget principles, the budget process, changes since the September 6 preliminary budget and levy, budget
highlights for 2023, capital improvement and capital equipment priorities, utilities rate and capital project
overview, carryover projects (City Hall dome project, Civic Arena, Tennis/Pickleball courts), and the
financial planning approach (5-year financial model, parks plan, fleet management, Rural Fire Association
contract). Wietecha presented the preliminary tax impact of the proposed levy and a comparison to other
Dakota County residential and commercial tax changes. He also reviewed the HEDRA levy.
Public Hearing opened at: 7:54 p.m.
Peter Mak, 138 Sandpiper Circle, thanked the Council for the opportunity to comment on the
proposed budget and levy and ask questions. He was surprised that there were so few others in the audience.
He was surprised to see his proposed property tax statement, showing his property value grew 18% and
market value grew 21%. He posed several questions: How did the market value increase by that much? How
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
is good planning/budgeting done that makes this affordable in this economy? Can Council consider a factor to
assess home value differently? How can the budgeting look forward for good sound future planning?
Don Posthumus, 1590 Stonegate Road, expressed concern about the increase in taxes and will take
several months of social security checks to pay for the increase. Other increases (food, gas, etc.) are making
things difficult. He asked that the City stay within the past year’s budget and not raise taxes. He is not only
concerned about those on fixed incomes but also young families trying to make ends meet.
James Wilcox, 1370 Hillside, asked if there were cuts that were made to help reduce taxes and asked
how the numbers were determined.
Wietecha responded to some of the questions that were asked by residents. There are two
calculations—first, the County Assessor’s office does the valuation of the property (influenced by
improvements to property and market); second, anticipated City costs are evaluated in a 5-year view—what is
the cost of providing the City services? These two calculations lead to the amount for the proposed levy.
Council discussion on similar experiences with own property valuation. The City may lagged in
recovery from the 2008 recession, but have recovered exponentially in the last five years. Councilmember
Folch indicated there is a need to continue discussions regarding affordable housing in the community.
Councilmember Braucks mentioned the valuation is considered when landing on the proposed levy to keep
the increases as low as possible.
Public Hearing closed at: 8:24 p.m.
Council discussion on the five-year look out and the County assessed values. Councilmember
Vaughan shared there are recurring costs for the City that must be met and Council appreciates the catch-up in
deferred maintenance to address things that are in a past or nearing their useful life. Vaughan indicated the
County Assessor’s office should participate in the Truth in Taxation hearing to address resident questions that
are not determined by the City. Vaughan expressed agreement with not funding the Tinder truck until there is
a renewed contract with the Rural Fire Association. Councilmember Folch indicated the Finance Committee
had a robust conversation, with a heavy focus on public safety, reflecting conversations with the community.
Folch expressed concern about Parks spending and looking for a five-year plan to address the needs through
working with the Park and Recreation Commission. Folch expressed the need to see more accountability from
the nearby Townships to ensure they are paying their fair share of the service from the City’s Fire
Department. Councilmember Fox highlighted the partnerships within the Community Investment Fund, as
well as an investment in employees through compensation & classification study.
2023 Budget
1st Reading\Order Public Hearing: Amend City Code Chapter 34: Fees
Councilmember Folch motioned to approve as presented, seconded by Councilmember Fox.
7 Ayes, 0 Nays.
Resolution No. 12-05-22: Approve 2023 Final Budget and Final Levy
Council discussion on intent to not approve the funds for the Tinder truck unless Rural Fire
Association agreement is reached.
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
Councilmember Folch motioned to approve as presented, seconded by Councilmember Fox.
7 Ayes, 0 Nays.
Resolution No. 12-06-22: Approve the 2023 Special Levy
Councilmember Braucks motioned to approve as presented, seconded by Councilmember
Lund.
7 Ayes, 0 Nays.
Resolution No. 12-07-22: Approve 2023-2027 Capital Improvement and Capital Equipment Plans
Councilmember Vaughan motioned to approve as presented, seconded by Councilmember
Folch.
7 Ayes, 0 Nays.
Consolidation of Park Dedication Funds
Council discussion on the conversation the Finance Committee had regarding the
consolidation.
Councilmember Leifeld motioned to approve as presented, seconded by Councilmember
Braucks.
7 Ayes, 0 Nays
Announcements
• Happy Birthday, Mayor Mary! (December 7)
• Use clues on the City website to find candy canes hidden in 5 parks, each candy cane has a letter,
unscramble the letters to form a word and win prizes from the Parks & Rec Department through
December 11.
• Recycle your old lights with the Hastings Holiday Lights Drop Off Collection. Residents can drop-off
their unwanted light strands at the Joint Maintenance Facility, 920 – 10th Street West, during the
holiday season from December 1 to February 1.
Meetings
• Arts Task Force Meeting on Wednesday, December 7, 2022 at 6:00 p.m.
• HEDRA Meeting on Thursday, December 8, 2022 at 6:00 p.m.
• Planning Commission Meeting on Monday, December 12, 2022 at 7:00 p.m.
• Parks and Recreation Commission Workshop on Tuesday, December 13, 2022 at 7:00 p.m.
• Public Safety Advisory Commission Meeting on Thursday, December 15, 2022 at 6:30 p.m.
• City Council Regular Meeting on Monday, December 19, 2022 at 7:00 p.m.
Councilmember Leifeld motioned to adjourn the meeting at 8:41 PM, seconded by Councilmember
Braucks. Ayes 7; Nays 0.
____________________________ ______________________________
Kelly Murtaugh, City Clerk Mary D. Fasbender, Mayor
City Council Memorandum
To: Mayor Fasbender & City Council Members
From: Connie Lang - Accountant
Date: 12/15/2022
Item: Disbursements
Council Action Requested:
Staff requests:
Council review of November 2022 CenterPoint & Xcel payments.
Council review of weekly routine disbursements issued 12/13/2022.
Council approval of routine disbursements, capital purchases and employee reimbursements to be issued 12/20/2022.
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:
November 2022 Xcel Payments $ 28,681.91
November 2022 CenterPoint Payment $ 4,674.92
Disbursement Checks, EFT on 12/13/2022 $ 313,803.94
Disbursement Checks & EFT to be issued on 12/20/2022 $ 343,541.69
Advisory Commission Discussion: N/A
Council Committee Discussion: N/A
Attachments: ● Disbursement Reports
VIII-01
Xcel Acct #Amount Date Paid Account #
51-6960213-7 2,291.39 29-Nov 101-140-1403-6343
51-6960208-0 1,923.57 8-Nov 101-140-1404-6343
51-8110141-1 409.69 10-Nov 101-140-1407-6343
51-6960219-3 64.79 7-Nov 101-201-2016-6343
51-6960210-4 147.91 8-Nov 101-300-3100-6343
51-6960210-4 739.55 8-Nov 101-301-3200-6343
51-0011278454-9 88.70 8-Nov 101-302-3201-6343
51-0263715-0 591.18 14-Nov 101-302-3201-6343
51-6960218-2 15,381.59 21-Nov 101-302-3201-6343
51-6960215-9 1,732.03 8-Nov 200-401-4440-6343
51-0010048093-4 16.99 8-Nov 200-401-4440-6343
51-0011082067-5 322.55 8-Nov 200-401-4440-6343
51-6960220-6 1,112.94 7-Nov 200-401-4447-6343
51-6960209-1 508.13 29-Nov 201-401-4240-6343
51-6960214-8 1,162.34 7-Nov 213-210-2100-6343
51-7216831-9 630.88 8-Nov 220-450-4160-6343
51-6960210-4 591.64 8-Nov 600-300-3300-6343
51-6960217-1 966.04 8-Nov 601-300-3400-6343
28,681.91
XCEL AUTOMATIC PAYMENTS
Nov 2022 Payments
VIII-01
Dept.Account # Amount
Police 101-140-1403-6345 117.89
City Hall 101-140-1404-6345 591.95
City Storage 101-140-1407-6345 61.60
Alt Learning Ctr 101-401-4143-6345 32.55
Parks 200-401-4440-6345 329.22
Jt Maint 200-401-4447-6345 84.10
Pool 201-401-4240-6345 1,328.81
Fire 213-210-2100-6345 200.65
Le Duc 220-450-4160-6345 86.76
Water 600-300-3300-6345 172.17
Water 600-300-3302-6345 23.52
Garage 601-300-3400-6345 76.48
Arena 615-401-4103-6345 1,569.22
Total 4,674.92
CENTERPOINT ENERGY
November 2022
VIII-01
12-13-2022 09:03 AM Council Report DECEMBER 13TH PYMTS, 2022 PAGE: 1
DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_
ADMINISTRATION GENERAL TOSHIBA AMERICA BUSINESS SOLUT LEASE 449.10
NINE EAGLES PROMOTIONS NAME TAG FOR MAYOR 11.00_
TOTAL: 460.10
CITY CLERK GENERAL MINNESOTA OCCUPATIONAL HEALTH DRUG SCREEN NEW HIRE 64.00
GOODHIRE NEW HIRE TESTING 448.00
GRAPHIC DESIGN WINTER NEWSLETTER 3,801.84_
TOTAL: 4,313.84
LEGAL GENERAL LEVANDER, GILLEN & MILLER, P.A. LEGAL FEES NOV 22 2,250.00
LEGAL FEES NOV 22 46.00
LEGAL FEES NOV 22 180.00
LEGAL FEES NOV 22 964.00
LEGAL FEES NOV 22 500.00_
TOTAL: 3,940.00
FACILITY MANAGEMENT GENERAL VELOCITYEHS MSDS ONLINE-RENEWAL 2023 785.67
MILLER DUNWIDDIE ARCHITECTURE, INC CH ARCHITECTURAL/HVAC PLAN 288.94
ECOLAB PEST ELIMINATION DIVISION C.S. PEST CONTROL 84.26
TERRYS HARDWARE, INC. F.C. SNOW BRUSH TRUCK 17.99
FC LOCK DEICER LUBE 4.39
F.C. KNEELING PAD 27.99
TRANE PARTS CENTER TRANE CH QRTLY SRVC AIR CO 1,572.00_
TOTAL: 2,781.24
I.T. GENERAL TYLER TECHNOLOGIES, INC. TYLER INCODE ANNUAL MAINT 52,577.38_
TOTAL: 52,577.38
POLICE GENERAL MARIE RIDGEWAY LICSW LLC EMPLOYEE CONSULTS 310.00
TROPHIES PLUS AWARDS OF OFFICERS 273.00
TOSHIBA AMERICA BUSINESS SOLUT LEASE 267.12
HOLIDAY STATIONSTORES LLC NOV 22 CAR WASHES 62.00
DAKOTA 911 DCC FEE / 2023 JAN 29,679.33
STREICHERS 9MM PRACTICE AMMO 2,406.90_
TOTAL: 32,998.35
BUILDING & INSPECTIONS GENERAL PRECISION LANDSCAPING & CONSTRUCTION ABATEMENT SRVC 1302 SPRING 3,482.05_
TOTAL: 3,482.05
PUBLIC WORKS GENERAL FOCUS ENGINEERING, INC. NOVEMBER 22 MONTHLY BILLIN 5,876.00
NOVEMBER 22 MONTHLY BILLIN 819.25
TOSHIBA AMERICA BUSINESS SOLUT LEASE 48.40
C-AIRE, INC. C-AIRE COMPRESSORS P.W. 209.69_
TOTAL: 6,953.34
PUBLIC WORKS STREETS GENERAL R J SAYERS DISTRIBUTING O-RINGS, OIL, NOZZLES 87.68
WSB & ASSOCIATES INC OCTOBER PROFESSIONAL SVC 4,025.00
PRECISE MOBILE RESOURCE MGMT. LLC DATA PLAN 125.00
SAFE-FAST, INC. GLOVES, LANTERN, MAGNET 610.00
FOCUS ENGINEERING, INC. NOVEMBER 22 MONTHLY BILLIN 988.75
NOVEMBER 22 MONTHLY BILLIN 678.00
NAPA AUTO PARTS BLISTER PACK 18.99
SPIN CITY LAUNDROMAT, LLC. LAUNDER RAGS 25.00
MINNESOTA PAVING & MATERIALS COLD MIX 1,740.00
VELOCITYEHS MSDS ONLINE-RENEWAL 2023 392.83
TOSHIBA AMERICA BUSINESS SOLUT LEASE 48.38
VIII-01
12-13-2022 09:03 AM Council Report DECEMBER 13TH PYMTS, 2022 PAGE: 2
DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_
CITY OF ST PAUL ASPHALT-51 TON 3,322.14
ASPHALT - 25 TON 2,121.50
UNLIMITED SUPPLIES INC. CLAMPS 108.44_
TOTAL: 14,291.71
PUBLIC WORKS STR. LIGH GENERAL VAN METER INC CUTTING REEL, CONNECTORS, 106.08
VIKING ELECTRIC SUPPLY LIGHTING PARTS 149.04
TRIPPERS 6.86_
TOTAL: 261.98
PARKS & RECREATION GENERAL RAINBOW TREE CO. BLVD ASH TREE PROTECT. 202 16,984.53_
TOTAL: 16,984.53
PARKS & RECREATION PARKS MIDWEST ELECTRICAL CONSTRUCTION CHANGE LIGHTS AT JMF OUTSI 1,920.00
REPAIRS AT LEVEE BATHROOMS 360.00
REPAIR GATE AT JMF 600.00
HOMETOWN ACE HARDWARE PLUNGER 5.93
NEW SHOVELS 167.36
MULTIMETER 28.79
SPRAY PAINT 14.38
NAPA AUTO PARTS BATTERY FOR OLD DUMP TRUCK 144.11
FUSES 2.83
ALTERNATOR-OLD DMP TRK, SU 273.44
TROPHIES PLUS SILVER DISCS 15.00
VELOCITYEHS MSDS ONLINE-RENEWAL 2023 785.67
TOSHIBA AMERICA BUSINESS SOLUT LEASE 121.25
TERRYS HARDWARE, INC. GREASE COUPLER 4.97
NEW HEATER FOR WARMING HOU 33.79_
TOTAL: 4,477.52
CABLE CABLE ACCESS HASTINGS ACCESS CORP. Q3 2022 ACCESS SUPPORT 84,467.23_
TOTAL: 84,467.23
HERITAGE PRESERVATION HERITAGE PRESERVAT MOSENG LOCKSMITHING PIONEER ROOM VAULT UNLOCK 117.00_
TOTAL: 117.00
FIRE FIRE & AMBULANCE FIRE SAFETY USA INC PIRAYA BLADE 690.00
IMAGE TREND, INC. MONTHLY FEE 675.00
PHASE 2 281.39
HOMETOWN ACE HARDWARE SUPPLIES 141.02
PARTS 18.50
VELOCITYEHS MSDS ONLINE-RENEWAL 2023 785.66
TOSHIBA AMERICA BUSINESS SOLUT LEASE 153.31
DAKOTA 911 DCC FEE / 2023 JAN 14,839.67
ASPEN MILLS BICKNER UNIFORMS 303.84
NEUMAN UNIFORM 169.80
WARGO III UNIFORMS 411.56
CENTURY COLLEGE EMERGENCY VEHICLE OP REFRE 2,800.00
EMERGENCY APPARATUS MAINT REPAIR TO RESCUE 1'S GENER 885.49
NORTHERN SAFETY TECHNOLOGY REPAIR TO STAFF VEHICLE #1 318.00
TERRYS HARDWARE, INC. SHOP SUPPLIES 223.93_
TOTAL: 22,697.17
AMBULANCE FIRE & AMBULANCE ROYAL TIRE INC. TIRE FOR MEDIC 3 171.00
BOUND TREE MEDICAL LLC MEDICAL SUPPLIES 205.99
LINDE GAS & EQUIPMENT INC. OXYGEN 1,296.42
VIII-01
12-13-2022 09:03 AM Council Report DECEMBER 13TH PYMTS, 2022 PAGE: 3
DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_
OXYGEN 163.93
STRYKER SALES CORPORATION 4 LUCAS BATTERIES 3,157.84
2 LUCAS BATTERIES 1,532.94
2 LUCAS BATTERIES 1,655.58_
TOTAL: 8,183.70
PARKS & RECREATION PARKS CAPITAL PROJ SUNBELT RENTALS, INC ARENA SCOREBOARD INSTALL 982.30_
TOTAL: 982.30
ECONOMIC DEVELOPMENT HEDRA LEVANDER, GILLEN & MILLER, P.A. LEGAL FEES NOV 22 1,560.00
ELECTRO WATCHMAN, INC INSTALL FIRE RADIO ALARM-A 647.00
MONITOR.-ALC BLDG (213 RAM 465.48_
TOTAL: 2,672.48
NON DEPARTMENTAL PW Cold Storage Bu FOCUS ENGINEERING, INC. NOVEMBER 22 MONTHLY BILLIN 1,779.75_
TOTAL: 1,779.75
PUBLIC WORKS 2022 IMPROVEMENTS FOCUS ENGINEERING, INC. NOVEMBER 22 MONTHLY BILLIN 1,214.75_
TOTAL: 1,214.75
PUBLIC WORKS 2023 IMPROVEMENTS FOCUS ENGINEERING, INC. NOVEMBER 22 MONTHLY BILLIN 706.25_
TOTAL: 706.25
DEBT 2012 GO IMPROVEMEN COMPUTERSHARE TRUST CO. 2012A FISCAL AGENT FEE 525.00_
TOTAL: 525.00
DEBT 14 IMPROVEMENT U.S. BANK 2014A FISCAL AGENT FEE 550.00_
TOTAL: 550.00
DEBT 2016 GENERAL OBLIG U.S. BANK 2016B FISCAL AGENT FEE 500.00_
TOTAL: 500.00
DEBT 2017 G O DEBT U.S. BANK 2017A FISCAL AGENT FEE 500.00_
TOTAL: 500.00
PUBLIC WORKS WATER HAWKINS INC CHLORINE CYLINDERS 60.00
FOCUS ENGINEERING, INC. NOVEMBER 22 MONTHLY BILLIN 1,356.00
CORE & MAIN LP METERS 1,470.00
VELOCITYEHS MSDS ONLINE-RENEWAL 2023 392.84
LEVANDER, GILLEN & MILLER, P.A. LEGAL FEES NOV 22 135.00
TOSHIBA AMERICA BUSINESS SOLUT LEASE 48.40
CRYSTEEL TRUCK EQUIPMENT LATCH KIT/PARTS 968.96
GOPHER STATE ONE-CALL INC LOCATES-NOVEMBER 201.15
GRAPHIC DESIGN UTILITY BILLING STATEMENTS 267.33
UTILITY BILLING STATEMENTS 1,226.74
VIKING ELECTRIC SUPPLY FAN 293.18_
TOTAL: 6,419.60
PUBLIC WORKS WASTEWATER FOCUS ENGINEERING, INC. NOVEMBER 22 MONTHLY BILLIN 197.75
NAPA AUTO PARTS AIR BRAKE CHAMBER 10.92
TOSHIBA AMERICA BUSINESS SOLUT LEASE 48.40
GRAPHIC DESIGN UTILITY BILLING STATEMENTS 267.34
I-STATE TRUCK CENTER BRAKE CHAMBERS 203.16_
TOTAL: 727.57
PUBLIC WORKS STORM WATER UTILIT VALLEY WELDING & MACHINE FABRICATE STEEL GRATE 2,200.00
VIII-01
12-13-2022 09:03 AM Council Report DECEMBER 13TH PYMTS, 2022 PAGE: 4
DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_
FOCUS ENGINEERING, INC. NOVEMBER 22 MONTHLY BILLIN 1,299.50
LEVANDER, GILLEN & MILLER, P.A. LEGAL FEES NOV 22 102.50
GRAPHIC DESIGN UTILITY BILLING STATEMENTS 267.33_
TOTAL: 3,869.33
PARKS & RECREATION ARENA VELOCITYEHS MSDS ONLINE-RENEWAL 2023 785.66
SYSCO, MINNESOTA CONCESSION SUPPLIES 1,236.37_
TOTAL: 2,022.03
MISCELLANEOUS VEHICLE AND EQUIP MACQUEEN EQUIPMENT, INC. NEW FIRE ENGINE 26,727.99_
TOTAL: 26,727.99
NON-DEPARTMENTAL ESCROW - DEV/ENG/T WSB & ASSOCIATES INC OCTOBER PROFESSIONAL SVC 838.75
OCTOBER PROFESSIONAL SVC 517.50
OCTOBER PROFESSIONAL SVC 230.00
BAUER SERVICES INSTALL 8" CAP STUB LINE 830.00
FOCUS ENGINEERING, INC. NOVEMBER 22 MONTHLY BILLIN 84.75
NOVEMBER 22 MONTHLY BILLIN 56.50
NOVEMBER 22 MONTHLY BILLIN 254.25
NOVEMBER 22 MONTHLY BILLIN 367.25
NOVEMBER 22 MONTHLY BILLIN 423.75
NOVEMBER 22 MONTHLY BILLIN 310.75
LEVANDER, GILLEN & MILLER, P.A. LEGAL FEES NOV 22 41.00
LEGAL FEES NOV 22 108.00
LEGAL FEES NOV 22 115.25
LEGAL FEES NOV 22 1,442.00_
TOTAL: 5,619.75
=============== FUND TOTALS ================
101 GENERAL 139,044.52
200 PARKS 4,477.52
206 CABLE ACCESS 84,467.23
210 HERITAGE PRESERVATION 117.00
213 FIRE & AMBULANCE 30,880.87
401 PARKS CAPITAL PROJECTS 982.30
407 HEDRA 2,672.48
416 PW Cold Storage Building 1,779.75
482 2022 IMPROVEMENTS 1,214.75
483 2023 IMPROVEMENTS 706.25
572 2012 GO IMPROVEMENT 525.00
574 14 IMPROVEMENT 550.00
576 2016 GENERAL OBLIGATION 500.00
577 2017 G O DEBT 500.00
600 WATER 6,419.60
601 WASTEWATER 727.57
603 STORM WATER UTILITY 3,869.33
615 ARENA 2,022.03
703 VEHICLE AND EQUIP FUND 26,727.99
807 ESCROW - DEV/ENG/TIF-HRA 5,619.75
--------------------------------------------
GRAND TOTAL: 313,803.94
--------------------------------------------
TOTAL PAGES: 4
VIII-01
12-15-2022 11:23 AM Council Report DECEMBER 20TH PYMTS, 2022 PAGE: 1
DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_
NON-DEPARTMENTAL GENERAL VISION SERVICE PLAN INSURANCE CO. DEC 2022 VISION PREMIUM 223.62
DEC 2022 VISION PREMIUM 6.10_
TOTAL: 229.72
ADMINISTRATION GENERAL INNOVATIVE OFFICE SOLUTIONS, LLC OFFICE SUPPLIES 126.72
OFFICE SUPPLIES 30.10
OFFICE SUPPLIES 89.70
OFFICE SUPPLIES 11.73
GRAPHIC DESIGN STAMP-CITY OF HASTINGS 47.55_
TOTAL: 305.80
CITY CLERK GENERAL HEALTH STRATEGIES MEDICAL EXAM - JESSE VIALL 396.00_
TOTAL: 396.00
FINANCE GENERAL ABDO LLP PROGRESS BILLING-SOFTWARE 14,000.00_
TOTAL: 14,000.00
FACILITY MANAGEMENT GENERAL GILBERT MECHANICAL CONTRACTORS, INC. C.H. BAD MOTOR CNCT/ HEAT 358.50
HOMETOWN ACE HARDWARE C.H. TOOLS AND SCREWS 89.02
MILLER DUNWIDDIE ARCHITECTURE, INC CH ARCHITECTURAL/HVAC PLAN 4,406.34
ARCHER MECHANICAL. LLC P.D. CHILLED PUMP SEALS/IN 4,917.43
KODIAK POWER SYSTEMS P.D. GENERATOR SERVICE 595.00
DALCO F.C. I-MOP 5,631.15
F.C. I-MOP 5,631.15
ECOLAB PEST ELIMINATION DIVISION C.S. PEST CONTROL 84.26
W.W. GRAINGER, INC. C.H. MOTOR AND DOOR PARTS 137.08
C.H. FAUCETS AND ER LIGHTS 187.56
P.D. FILTERS 78.60
TERRYS HARDWARE, INC. F.C. POWER STRIP, STRAP, G 46.47
C.H. BOILER SWING CHECK 31.58
C.H. GENERAL BOILER PARTS 162.06_
TOTAL: 22,356.20
I.T. GENERAL DAKOTA COUNTY FINANCIAL SERVICES DEC 2022 - IT LEASE SERVE 250.00_
TOTAL: 250.00
POLICE GENERAL DAKOTA COUNTY FINANCIAL SERVICES NOV 2022 FLEET PARTS 825.83
NOV 2022 FLEET LABOR 661.03
NOV 2022 GEOTAB TELEMETRIC 331.50
LEXIPOL, LLC SUBSCRIPTION DUES 5,162.99
RIVER BLUFF HUMANE SOCIETY 22-002149 80.00
DAKOTA COUNTY DRUG TASK FORCE 2023 AGENCY CONTRIBUTION 15,392.00
GRAPHIC DESIGN HPD ENVELOPES 285.00
HASTINGS VEHICLE REGIS. TITLE/REG 2022 FORD EXPLOR 35.00
SOUTH EAST TOWING OF HASTINGS INC DEC 2022-LOT RENT 195.00
TRI COUNTY LAW ENFORC. ASSN 2023 MEMBERSHIP 75.00_
TOTAL: 23,043.35
BUILDING & INSPECTIONS GENERAL JERRY BACKLUND PARTS FOR WINDOW WSHR/CTY 41.22
KLETSCHKA INSPECTIONS, LLC ELECTRICAL INSPECTIONS 3,440.80_
TOTAL: 3,482.02
PUBLIC WORKS GENERAL INNOVATIVE OFFICE SOLUTIONS, LLC OFFICE SUPPLIES/PAPER 353.00
OFFICE SUPPLIES/PAPER 125.75
EQUIX INTEGRITY, INC. CR 46 VIDEO RECORD SANITAR 10,103.16
TERRYS HARDWARE, INC. P.W. LED 8' LIGHT BULBS/SH 119.96
VIII-01
12-15-2022 11:23 AM Council Report DECEMBER 20TH PYMTS, 2022 PAGE: 2
DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_
WOLFE, JUSTIN WORK CLOTHING 98.00_
TOTAL: 10,799.87
PUBLIC WORKS STREETS GENERAL SIEWERT'S GARAGE INC TOWING 447.00
ROAD EQUIPMENT PARTS CENTER AIR FILTERS 27.46
AIR FILTERS 29.28
HOMETOWN ACE HARDWARE STRIKE ANCHOR 56.69
UNITED PROMOTIONS CARPENTER JEANS-GREG PAGE 140.80
NAPA AUTO PARTS FLOOR DRY 94.96
SPIN CITY LAUNDROMAT, LLC. LAUNDER RAGS 25.00
BENJAMIN BANITT TROUSERS-FLEET FARM 48.08
ROBERT CLARK TREE INSPECTOR CERTIFICATI 50.00
SEALMASTER OF MN ASHPALT RAKES 341.97
BIRK, JOSEPH JEANS, SHIRTS, GLOVES-FLEE 227.13
BIB OVERALLS-DICKIES 107.87
BOYER FORD TRUCKS/DBA ALLIANCE T-FITTING CREDIT 42.81-
CRYSTEEL TRUCK EQUIPMENT PARTS 95.21
W.W. GRAINGER, INC. EXHAUST VALVE 57.80
HOSE, INC. PLUG, NOZZLE, HOSE ASSEMBL 337.47
RDO CONSTRUCTION EQUIPMENT CO. SWEEPER REPAIRS 835.78
TERRYS HARDWARE, INC. PROPANE 37.49
LUBRICANT 69.18
NUSS TRUCK & EQUIPMENT GUNITE 117.66
UNLIMITED SUPPLIES INC. WIRE 35.04_
TOTAL: 3,139.06
PUBLIC WORKS STR. LIGH GENERAL HOMETOWN ACE HARDWARE GFCI OUTLET 48.58_
TOTAL: 48.58
PARKS & RECREATION GENERAL DAKOTA COUNTY TREASURER/AUDIT BULB RECYCLING-VSQG COLLEC 319.32
HASTINGS SCHOOL DISTRICT #200 DEC SR. CTR/TILDEN COST SH 2,500.00_
TOTAL: 2,819.32
NON-DEPARTMENTAL PARKS VISION SERVICE PLAN INSURANCE CO. DEC 2022 VISION PREMIUM 12.20_
TOTAL: 12.20
PARKS & RECREATION PARKS INNOVATIVE OFFICE SOLUTIONS, LLC SIGN HOLDERS 24.78
THE BORED MUSIC IN THE PARK 599.99
ARCHER MECHANICAL. LLC J.M. EXHAUST FAN 880.54
W.W. GRAINGER, INC. J.M. CHU. STAT AND AHU BEL 137.33
METROPOLITAN COUNCIL ENVIRONMENTAL SER LAKE REBECCA WATER MONITOR 760.00
LAKE REBECCA WATER MONITOR 760.00_
TOTAL: 3,162.64
NON-DEPARTMENTAL FIRE & AMBULANCE VISION SERVICE PLAN INSURANCE CO. DEC 2022 VISION PREMIUM 76.60_
TOTAL: 76.60
FIRE FIRE & AMBULANCE LEXIPOL, LLC ANNUAL FIRE POLICY MANUAL- 6,440.82
MN STATE FIRE DEPT. ASSOC. 2023 MSFDA DUES 2023 495.00
CENTURY COLLEGE HAZMAT BOOK FF CLASS-JOHNS 115.00
FFI, FF#, HAZMAT FOR JOHNS 1,570.00
CITY OF INVER GROVE HEIGHTS FF II TRAINING-ERICKSON 285.00
NATL FIRE PROTECTION ASN NFPA RENEWAL FOR 2023 175.00
WAKOTA MUTUAL FIREMAN AID MEMBERSHIP DUES FOR 2022 50.00_
TOTAL: 9,130.82
VIII-01
12-15-2022 11:23 AM Council Report DECEMBER 20TH PYMTS, 2022 PAGE: 3
DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_
AMBULANCE FIRE & AMBULANCE EXPERT BILLING, LLC ELECTRONIC AMB BILLING 200 5,600.00
BOUND TREE MEDICAL LLC MEDICAL SUPPLIES 15.90
BOYER FORD TRUCKS/DBA ALLIANCE PARTS FOR MEDIC 3 650.89
PARTS FOR MEDIC 3 67.86
AIR CLEANER FOR MEDIC 2 120.86
MN AMBULANCE ASSOCIATION RENEWAL FOR 2023 2,618.50
LINDE GAS & EQUIPMENT INC. OXYGEN 163.93
ZOLL MEDICAL CORP 1 YEAR SERVICE PLAN/JAN-DE 5,544.00_
TOTAL: 14,781.94
PARKS & RECREATION PARKS CAPITAL PROJ ACCELERATED TECHNOLOGIES, LLC SOUND SYSTEM INSALL 132.49_
TOTAL: 132.49
NON DEPARTMENTAL PW Cold Storage Bu EBERT INC. FINAL PAY EST-PW COLD STOR 70,952.00_
TOTAL: 70,952.00
NON-DEPARTMENTAL WATER VISION SERVICE PLAN INSURANCE CO. DEC 2022 VISION PREMIUM 19.80
MN DEPARTMENT OF HEALTH 4TH QUARTER PMT-MN TEST FE 18,212.00_
TOTAL: 18,231.80
PUBLIC WORKS WATER MATTHEW LINDEMAN SWEATSHIRTS-CARHARTT 335.00
SAFETY BOOTS-RED WING SHOE 200.00
JOE SPAGNOLETTI LODGING/MEALS/CONFERENCE F 721.00
THOMPSON, BRYCE JEANS-AMAZON 51.33
HOMETOWN ACE HARDWARE BATTERIES 8.99
ANGLE BROOM 12.59
CORE & MAIN LP COUPLING 226.90
MOSENG LOCKSMITHING KEYS 79.80
LABOR, PINS, DEADBOLT, LEV 671.53_
TOTAL: 2,307.14
NON-DEPARTMENTAL WASTEWATER VISION SERVICE PLAN INSURANCE CO. DEC 2022 VISION PREMIUM 15.30_
TOTAL: 15.30
PUBLIC WORKS WASTEWATER MACQUEEN EQUIPMENT, INC. PLUGS, GASKETS 95.43
MCES WASTEWATER SRVCS-JAN 2023 138,272.63
TERRYS HARDWARE, INC. NIPPLES 6.08
NIPPLES 3.29_
TOTAL: 138,377.43
NON-DEPARTMENTAL STORM WATER UTILIT VISION SERVICE PLAN INSURANCE CO. DEC 2022 VISION PREMIUM 8.86_
TOTAL: 8.86
NON-DEPARTMENTAL ARENA VISION SERVICE PLAN INSURANCE CO. DEC 2022 VISION PREMIUM 13.04_
TOTAL: 13.04
PARKS & RECREATION ARENA CINTAS CORPORATION NO 2 RESTOCK FIRST AID CABINET 110.04
WATSON COMPANY CONCESSION SUPPLIES 1,700.06
PRO GUARD SPORTS, INC. PRO SHOP SUPPLIES 265.72
MIDWEST ELECTRICAL CONSTRUCTION CIRCUIT BREAKER REPAIR 240.00
QUALITY PROPANE OF MN PROPANE 132.06
HILLYARD INC JANITORIAL SUPPLIES 188.65
MN DEPT LABOR & INDUSTRY 27780 BOILER LICENSE FEE 30.00
SYSCO, MINNESOTA CONCESSION SUPPLIES 1,300.79_
TOTAL: 3,967.32
VIII-01
12-15-2022 11:23 AM Council Report DECEMBER 20TH PYMTS, 2022 PAGE: 4
DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_
NON-DEPARTMENTAL HYDRO ELECTRIC VISION SERVICE PLAN INSURANCE CO. DEC 2022 VISION PREMIUM 2.26_
TOTAL: 2.26
PUBLIC WORKS HYDRO ELECTRIC AVANT ENERGY, INC. MONTHLY FEES, REC SALES 1,101.71
HOMETOWN ACE HARDWARE NEEDLE DRAIN COCK 17.96
VIII-01
12-15-2022 11:23 AM Council Report DECEMBER 20TH PYMTS, 2022 PAGE: 5
* REFUND CHECKS *
DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_
NON-DEPARTMENTAL GENERAL LARSEN, BRUCE H.:OVERPAYMENT AR REFUNDS 50.00_
TOTAL: 1,169.67
NON-DEPARTMENTAL WATER T WASVICK INVESTMENTS LLC US REFUNDS 19.66
MOONEY, ROBERT/AMY US REFUNDS 25.08
KRIZAN, IVAN US REFUNDS 10.96
THOMPSON, SUSAN US REFUNDS 79.20
BROWNING, BLAKE US REFUNDS 15.99
SCHMIDT, ANGELINA US REFUNDS 159.08
SWEENEY, SEAN/KELLY US REFUNDS 20.29_
TOTAL: 330.26
=============== FUND TOTALS ================
101 GENERAL 80,919.92
200 PARKS 3,174.84
213 FIRE & AMBULANCE 23,989.36
401 PARKS CAPITAL PROJECTS 132.49
416 PW Cold Storage Building 70,952.00
600 WATER 20,869.20
601 WASTEWATER 138,392.73
603 STORM WATER UTILITY 8.86
615 ARENA 3,980.36
620 HYDRO ELECTRIC 1,121.93
--------------------------------------------
GRAND TOTAL: 343,541.69
--------------------------------------------
TOTAL PAGES: 5
VIII-01
City Council Memorandum
To: Mayor Fasbender & City Council Members
From: David D. Wilske, Chief of Police
Date: December 19th, 2022
Item: Public Safety Advisory Commissioner Appointment
Council Action Requested:
Council is asked to appoint Andrew Caflisch to a two-year term on the Public Safety Advisory
Commission. Council is also asked to re-appoint Melissa Blackstad for the term of 1/1/2023 to
12/31/2024.
Background Information:
Caflisch participated in an oral interview before a panel consisting of City Councilmember Leifeld, PSAC
Chair Dolores Pemble, City Administrator Dan Wietecha, Police Chief Dave Wilske and Fire Chief John
Townsend. At the conclusion of the interview, the panel unanimously recommended Caflisch. Andrew
will begin his term commencing 01/01/2023 to 12/31/2024 and will take the place of Bryon Ascheman,
who’s term will end on 12/31/2022.
In regards to the reappointment; Members may serve up to three consecutive two-year terms upon
approval of the City Council. The Commissioners have provided excellent service to the City and staff
supports reappointment.
Financial Impact:
None
Advisory Commission Discussion:
Public Safety Advisory Commission Chair, Pemble.
Council Committee Discussion:
N /A
Attachments:
Advisory Commission Interest Form
VIII-02
VIII-02
VIII-02
City Council Memorandum
To: Mayor Fasbender & City Councilmembers
From: John Hinzman, Community Development Director
Date: December 19, 2022
Item: Appoint HEDRA Commissioner: Estrella Carter
City Council Action Requested:
The City Council is asked to approve the appointment of Estrella Carter to the Hastings
Economic Development and Redevelopment Authority (HEDRA). Ms. Carter would fill
the vacancy created by Scott Sinclair’s departure and serve until December 31, 2028.
Citizen members may serve up to two consecutive six year terms.
Background Information:
Five candidates were interviewed by HEDRA Commissioners Goblirsch, Braucks and
Vaughan, City Administrator Wietecha, Community Development Director Hinzman,
and Economic Development Coordinator Maass. Estrella was the unanimous
recommendation of the interview committee.
Financial Impact:
N\A
Advisory Commission Discussion:
N\A
Council Commission Discussion:
N\A
Attachments:
• Application
VIII-03
Advisory Commission & Task Force Interest Form
The City of Hastings encourages active participation of its residents. City Advisory Commissions and Task
Forces are two ways in which residents can take a participatory involvement in the planning, development,
and preservation of our growing and historical community. Thank you for your interest in serving on an
advisory commission or task force. Information about these opportunities is available on the City’s website
at https://www.hastingsmn.gov/city-government/commissions-task-forces.
Commission Questions?
(Please indicate your interest) Contact 651-480-2350 or the person (s)
below
Charter Dan Wietecha dwietecha@hastingsmn.gov
Hastings Economic Development & Redevelopment Authority John Hinzman
(HEDRA) Jhinzman@hastingsmn.gov
Heritage Preservation Commission Justin Fortney
(HPC) Jfortney@hastingsmn.gov
Parks & Recreation Chris Jenkins
(PRC) Cjenkins@hastingsmn.gov
Planning John Hinzman
(PC) Jhinzman@hastingsmn.gov
Public Safety David Wilske
(PSAC) dwilske@hastingsmn.gov
Arts Task Force Kelly Murtaugh
kmurtaugh@hastingsmn.gov
Other/ no Preference Dan Wietecha
Dwietecha@hastingsmn.gov
To help us have a better understanding of your interests and background, we ask for some general
information. Please complete and sign the application.
Name: Estrella Carter
Address: 121 Tyler Street, Hastings, MN 55033
Day Phone: 651-338-4207 Evening Phone “”
VIII-03
E-mail: Estrella.carter@cbrealty.com
City of Hastings Page 2 of 2
Advisory Commission Interest Form
Please share why you are interested in becoming involved with a City commission or task force.
Growing up in a multi-cultural family and restaurant business offered me a diverse background in
entrepreneurship and human services. My grandmother encouraged me to pursue a higher
education, which led me to receiving a master’s degree in social work from the University of MN.
In my 15-year career, social work allowed me to be a force for positive development, supporting
the many diverse communities in Minnesota by breaking down barriers to equitable housing,
education, and employment opportunities. Even though I was the first generation in my family to
obtain a college degree, I had so much respect and admiration for the “self-made” minority women
business owners in my family.
I had the opportunity to serve diverse populations throughout Minnesota working for non-profits
and federal organizations such as Amherst H. Wilder Foundation, Job Corps, and Jewish Family
Service, African American Adoption Agency. I also volunteered on State and local boards such as
The MN Ombudsperson for Hispanic families, DEED advisory collaborative, Iseek Solutions and
Arts-Us (founded by Ramsey County Commissioner Toni Carter).
In 2014, I decided to step out of my role in social work in education and economic development,
and pursue my dream of expanding my business, and that same year I became aware of a new
housing community, designed to support, and empower artists as they pursued their creative
endeavors. I seized the opportunity to move to Artspace Hastings, seeing it as a door to growing
my creative business in interior decorating and boutique catering.
When Covid brought the world, and my business, to a halt, I saw yet another opportunity to get
creative, expand my business, and create a greater impact in the world. I am proud to say, I earned
my real estate license, and now help families from all “walks of life” navigate home ownership in
our city, of Hastings.
One of the most powerful things I have discovered as a resident of Hastings, is that what it means
to be a resident. In this diverse community, I have fostered new friendships, and we have been
able to empower each other through collaborations and networking, striving to embody the idea
that when one rises, we all rise. When a neighbor moved to a nursing home, I was able to throw a
birthday party for her twin daughters, enlisting the support of another neighbor, who created a tik
tok selfie backdrop that was the highlight for the 14-year-old girls. When my husband struggled
with his arthritis, I called on my neighbor, an Indigenous artisan who produces cottage foods and
medicinals - and she provided her Bear Grease, which has become a staple in our lives. When I
needed business cards, my other neighbors, owners of Holtyme created beautiful, high-quality
prints for me with lightning speed. During my 1st Annual Fall Celebration at ArtSpace, my
VIII-03
creative neighbors came out in force to support the vision. They were up early and with my
husband, worked to make sure everything was set up. Then more neighbors/business owners
donated artwork for a prize drawing, and professional photography to capture the fun.
Choosing to make Hastings my home has also meant the opportunity to connect with organizations
like HPAAC, United Way, and Hastings Family Service and the YMCA and their members, who
helped me make connections throughout town.
I have been living here for five years now - and I have been able to support, and be supported by,
my neighbors here in Hastings. With all, I am interested in volunteering in the HEDRA
commission, so I can contribute my array of skills and talents in strategic planning and
preservation in our growing community.
Supplemental Information
Employer: Independent Contractor with Coldwell Banker Realty
Occupation: Real Estate Consultant
What experience would you bring to the Commission or Task Force?
In my 8-year stint as the Director of Employment and Education Department, I managed staff and
programs that served a clientele of diverse cultures and religious beliefs, sexual orientation, race, social
economic background, immigrants/asylees? I am not sure of this word. and familial status. I designed
and implemented culturally competent services, while achieving employment retention and increase
wage goals. I have experience in speaking effectively to stake holders & policy makers on effectiveness
of new enterprises and developments; participated and presented at Board meetings and Board
committees; reviewed program budget reports and monthly financial statements; Assisted with grant
writing and established and nurtured partnerships with community organizations and employers;
Participated on Department of Employment and Economic Development Collaborative.
Currently, my real estate career has made me proficient in market trends while my transferrable skills in
social work strengthen my services to diverse clientele and communities.
Please return to: City of Hastings City Use
VIII-03
101 Fourth Street East OR via email to the Date Received:
Hastings, MN 55033 Commission contact Forwarded to:
§ 31.36 PUBLIC DISCLOSURE.
(A)Each public official of the City of Hastings shall file for public record in the office of the City Clerk, a sworn statement in a form
approved by the City Council and which must contain, at a minimum, the following information:
(1) The names of all businesses, corporations, companies, firms, partnerships, or other business enterprises, doing business
with
or in the City of Hastings, in which the public official is connected thereto as an employee, owner, director, officer, adviser, or consultant, or in
which the public official has a continuing financial interest, through ownership of stock or as a beneficiary of any pension or retirement plan;
(2) A description of all parcels of real property, other than property occupied by the public official as a personal residence,
in which the public official has any interest, including the right to occupy any such property; and
(3) The interest of a spouse, or minor child or other member of the immediate household of any public official shall be
considered an interest of the public official for purposes of filing the statement required.
(B)Each person who becomes a public official shall, within 30 days after assuming the office or position, file a public disclosure required
by this section.
(1) Following an initial filing, the information on that filing shall remain in effect and all public officials will continue to attest
to
its truth. Within 30 days of any change to the information on the initial filing and following any reappointment or reelection, all public officials
shall file a new sworn statement with the City Clerk. City staff members covered under this provision shall fill out an initial filing and shall
thereafter complete any amended filings within 30 days of any change to the information on the initial filing or at least every 4 years, in the
years in which the Mayor and at large Councilmember seats are up for election, whichever comes first. (Am. Ord. 511, passed 4-5-2004)
(2) This subchapter shall not be construed to require the filing of any information relating to any person’s connection with
any
professional society or any charitable, religious, social, fraternal, recreational, civil or political organization or any similar organization not
conducted as a business enterprise.
(3) The City Administrator shall inform each person who is required to file a statement, the time and place for filing, and shall
furnish each such person with a copy of this subchapter and the required statement form. The City Administrator shall inform the City Council
when any person, who
is required to file a statement, fails to file the statement in a timely manner. (Prior Code, § 2.81)
VIII-03
To: Mayor Fasbender and City Council
From: John Hinzman, Community Development Director
Date: December 19, 2022
Item: Reappoint Planning Commissioners: Halberg and Peters
Council Action Requested:
The City Council is asked to approve the following reappointments to the Planning
Commission:
Rob Halberg - 1/1/23 to 12/31/24. First appointed to a partial term on 12/16/19. This would be
his third term.
Melanie Peters - 1/1/23 to 12/31/24 - First appointed on 12/21/20. This would be her second term
Members may serve up to three consecutive two year terms upon approval of the City Council.
The Commissioners have provided excellent service to the City and staff supports reappointment.
Background Information:
N\A
Financial Impact:
N\A
Advisory Commission Discussion:
N\A
Council Committee Discussion:
N\A
Attachments:
City Council Memorandum
VIII-04
City Council Memorandum
To: Mayor Fasbender & City Councilmembers
From: John Hinzman, Community Development Director
Date: December 19, 2022
Item: Appoint Planning Commissioner – Melissa McGrath
Council Action Requested:
The City Council is asked to make the following appointments to the Planning
Commission:
• Melissa McGrath of 1620 Northridge Drive to the Planning Commission
from 1/1/23 to 12/31/23. The appointment fills the vacancy created by Kyle
Romens’ departure.
Commissioners are eligible to serve a total of three, two year terms. Action
requires a simple majority of City Council.
Background Information:
Two candidates were interviewed for the position by Planning Commission Chair
Messina, City Administrator Wietecha, and Community Development Director
Hinzman. Ms. McGrath the unanimous selection of the committee Please see
attached application for further information.
Financial Impact:
N\A
Advisory Commission Discussion:
N\A
Council Committee Discussion:
N\A
Attachments:
• Advisory Commission Application
VIII-05
Advisory Commission & Task Force Interest Form
The City of Hastings encourages active participation of its residents. City Advisory Commissions and Task
Forces are two ways in which residents can take a participatory involvement in the planning,
development, and preservation of our growing and historical community. Thank you for your interest
in serving on an advisory commission or task force. Information about these opportunities is available
on the City’s website at https://www.hastingsmn.gov/city-government/commissions-task-forces.
Commission
(Please indicate your interest)
Questions?
Contact 651-480-2350 or the person (s)
below
Charter Dan Wietecha
dwietecha@hastingsmn.gov
Hastings Economic Development & Redevelopment Authority John Hinzman (HEDRA) Jhinzman@hastingsmn.gov
Heritage Preservation Commission Justin Fortney
(HPC) Jfortney@hastingsmn.gov
Parks & Recreation Chris Jenkins (PRC) Cjenkins@hastingsmn.gov
Planning John Hinzman
(PC) Jhinzman@hastingsmn.gov
Public Safety David Wilske
(PSAC) dwilske@hastingsmn.gov
Arts Task Force Kelly Murtaugh kmurtaugh@hastingsmn.gov
Other/ no Preference Dan Wietecha
Dwietecha@hastingsmn.gov
To help us have a better understanding of your interests and background, we ask for some general
information. Please complete and sign the application.
Name: Melissa McGrath
Address: 1620 Northridge Drive, Hastings, MN 55033
Day Phone: 651-276-7258
Evening Phone: 651-276-7258
Email: mremick2010@gmail.com
VIII-05
City of Hastings Page 2 of 2
Advisory Commission Interest Form
Please share why you are interested in becoming involved with a City commission or task force.
Supplemental Information
Employer:
Occupation:
What experience would you bring to the C ommission or
Task Force?
Please return to: City of Hastings City Use
101 Fourth Street East OR via email to the Date Received:
Hastings, MN 55033 Commission contact Forwarded to:
§ 31.36 PUBLIC DISCLOSURE.
(A)Each public official of the City of Hastings shall file for public record in the office of the City Clerk, a sworn statement in a form
approved by the City Council and which must contain, at a minimum, the following information:
(1)The names of all businesses, corporations, companies, firms, partnerships, or other business enterprises, doing business with
or in the City of Hastings, in which the public official is connected thereto as an employee, owner, director, officer, adviser, or consultant, or in
which the public official has a continuing financial interest, through ownership of stock or as a beneficiary of any pension or retirement plan;
(2)A description of all parcels of real property, other than property occupied by the public official as a personal residence,
in which the public official has any interest, including the right to occupy any such property; and
(3)The interest of a spouse, or minor child or other member of the immediate household of any public official shall be
considered an interest of the public official for purposes of filing the statement required.
(B)Each person who becomes a public official shall, within 30 days after assuming the office or position, file a public disclosure
required by this section.
(1)Following an initial filing, the information on that filing shall remain in effect and all public officials will continue to attest to
its truth. Within 30 days of any change to the information on the initial filing and following any reappointment or reelection, all public officials
shall file a new sworn statement with the City Clerk. City staff members covered under this provision shall fill out an initial filing and shall
thereafter complete any amended filings within 30 days of any change to the information on the initial filing or at least every 4 years, in the years
in which the Mayor and at large Councilmember seats are up for election, whichever comes first. (Am. Ord. 511, passed 4-5-2004)
(2)This subchapter shall not be construed to require the filing of any information relating to any person’s connection with any
professional society or any charitable, religious, social, fraternal, recreational, civil or political organization or any similar organization not
conducted as a business enterprise.
(3)The City Administrator shall inform each person who is required to file a statement, the time and place for filing, and shall
furnish each such person with a copy of this subchapter and the required statement form. The City Administrator shall inform the City Council
when any person, who
is required to file a statement, fails to file the statement in a timely manner. (Prior Code, § 2.81)
I have been a long-time resident of Hastings, Minnesota. Having attended elementary through high school in
Hastings and then returning to raise my own family here - I feel deeply committeed to the positive and strategic
growth of our community.
I also value the public hearing and input of the planning process. I believe with all things - we do our best work
when we come together as a community.
Minnesota Zoo //State of Minnesota
Director of Board and Legislative Relations//Data Practices Compliance Officer
I have a very strategic mindset and have played a leadership role in many strategic planning
processes.
I am a collabrotive thinker and good at facilitating between vairous stakeholders and interst groups.
I also bring forth a lot of experitse in meeting effectiveness, open meeting law, and Minnesota Data
Practices Act.
VIII-05
To: Mayor Fasbender and City Councilmembers
From: Justin Fortney, City Planner
Date: December 19, 2022
Item: Appointments to the Heritage Preservation Commission:
Council Action Requested:
The City Council is asked to make one reappointment and three new appointments to the
HPC.
Commissioner Smith has served the HPC well since 2016 and is currently the Vice Chair.
The Interview Committee (Councilmember Folch, HPC Chair Toppin, Wietecha, and
Fortney) have interviewed the following new appointment candidates and believe they
have shown a good understanding of commission’s role in the community and have a great
appreciation for its history.
Reappointment Richard Smith 1/1/2023 to 12/31/2025
New Appointment Ashley Alitz Edell 1/1/2023 to 12/31/2025
New Appointment Patricia Bremer 1/1/2023 to 12/31/2025
New Appointment Maggie McCoy 1/1/2023 to 12/31/2023 (partial term vacancy)
Background Information:
The HPC has nine-member positions with three terms expiring every year. There are no term
limits for HPC members. However, after three consecutive terms, the positions must also be
open to new applicants. Requests for interested citizens to apply have been advertised in the
newspaper, city website, city newsletter, and Facebook.
The vacancies are from three commissioners that are stepping away from service on the
commission due to their availability. Kathy Sovik Siemens (1996), Connie Blasing (2021), and
Emily Chouman (2021). They will hopefully have an interest in returning in the future.
Financial Impact: N/A
Advisory Commission Discussion: N/A
Council Committee Discussion: The Interview Committee unanimous recommended the
proposed appointment at their 7:40 am interviews on December 13, 2022
Attachments: City Commission Interest Forms: Ashley Alitz Edell, Patricia Bremer,
Maggie McCoy
City Council Memorandum
VIII-06
Advisory Commission Interest Form
The City of Hastings encourages active participation of its residents. City Advisory Commissions are one
form in which residents can take a participatory involvement in the planning, development, and
preservation of our growing and historical community. Thank you for your interest in serving on an
advisory commission. Information about City commissions is available on the City’s website at
www.hastingsmn.gov/city-government/commissions.
Commission (Please indicate your interest)
Heritage Preservation Commission
Questions?
Contact 651-480-2350 or
Charter Dan Wietecha dwietecha@hastingsmn.gov
Hastings Economic Development & Redevelopment Authority John Hinzman (HEDRA) Jhinzman@hastingsmn.gov
Heritage Preservation Commission Justin Fortney (HPC) Jfortney@hastingsmn.gov
Parks & Recreation Chris Jenkins (PRC) Cjenkins@hastingsmn.gov
Planning John Hinzman (PC) Jhinzman@hastingsmn.gov
Public Safety Bryan Schafer (PSAC) bschafer@hastingsmn.gov
Other/ no Preference Dan Wietecha Dwietecha@hastingsmn.gov
To help us have a better understanding of your interests and background, we ask for some general
information. Please complete and sign the application.
Name
Address
Day Phone
Evening Phone
E-mail
How long have you lived in Hastings?
Ashley Alitz Edell
224 7th St W. Hastings, MN 55033
651-210-3313
651-210-3313
aalitz19@gmail.com
A total of about 20 years-with my parents always living here, so I
always would visit. I was born here, graduated high school then lived
out of town for 14 years. We bought a historic home (224 7th St W.)
in town in Oct. 2020. My family is from here for many generations.
VIII-06
City of Hastings Page 2 of 2
Advisory Commission Interest Form
Please share why you are interested in becoming involved with a City commission.
Supplemental Information
Employer:
Occupation:
What experience would you bring to the Commission?
Please return to: City of Hastings City Use
101 Fourth Street East OR via email to the Date Received:
Hastings, MN 55033 Commission contact Forwarded to:
§ 31.36 PUBLIC DISCLOSURE.
(A) Each public official of the City of Hastings shall file for public record in the office of the City Clerk, a sworn statement in a form
approved by the City Council and which must contain, at a minimum, the following information: (1) The names of all businesses, corporations, companies, firms, partnerships, or other business enterprises, doing business with
or in the City of Hastings, in which the public official is connected thereto as an employee, owner, director, officer, adviser, or consultant, or in
which the public official has a continuing financial interest, through ownership of stock or as a beneficiary of any pension or retirement plan; (2) A description of all parcels of real property, other than property occupied by the public official as a personal residence,
in which the public official has any interest, including the right to occupy any such property; and (3) The interest of a spouse, or minor child or other member of the immediate household of any public official shall be
considered an interest of the public official for purposes of filing the statement required. (B) Each person who becomes a public official shall, within 30 days after assuming the office or position, file a public disclosure
required by this section.
(1) Following an initial filing, the information on that filing shall remain in effect and all public officials will continue to attest to
its truth. Within 30 days of any change to the information on the initial filing and following any reappointment or reelection, all public officials
shall file a new sworn statement with the City Clerk. City staff members covered under this provision shall fill out an initial filing and shall
thereafter complete any amended filings within 30 days of any change to the information on the initial filing or at least every 4 years, in the years
in which the Mayor and at large Councilmember seats are up for election, whichever comes first. (Am. Ord. 511, passed 4-5-2004)
(2) This subchapter shall not be construed to require the filing of any information relating to any person’s connection with any
professional society or any charitable, religious, social, fraternal, recreational, civil or political organization or any similar organization not
conducted as a business enterprise.
(3) The City Administrator shall inform each person who is required to file a statement, the time and place for filing, and shall
furnish each such person with a copy of this subchapter and the required statement form. The City Administrator shall inform the City Council
when any person, who
is required to file a statement, fails to file the statement in a timely manner. (Prior Code, § 2.81)
I would like to learn more about the Heritage Preservation Commission
because I have a historic home.
News Reporter
KDWA Radio
I have worked as a quality manager in the food industry for many
years. I am skilled at reading and sharing regulations. Part of my job
was learning new FDA regulations and "translating" them for our sales,
manufacturing and marketing teams. All to say, I am good with the fine
print, black-and-white, "always get it in writing" kind of thinking-which I
think would be helpful in government.
VIII-06
Advisory Commission & Task Force Interest Form
The City of Hastings encourages active participation of its residents. City Advisory Commissions and Task
Forces are two ways in which residents can take a participatory involvement in the planning,
development, and preservation of our growing and historical community. Thank you for your interest
in serving on an advisory commission or task force. Information about these opportunities is available
on the City’s website at https://www.hastingsmn.gov/city-government/commissions-task-forces.
Commission
(Please indicate your interest)
Questions?
Contact 651-480-2350 or the person (s)
below
Charter Dan Wietecha
dwietecha@hastingsmn.gov
Hastings Economic Development & Redevelopment Authority John Hinzman (HEDRA) Jhinzman@hastingsmn.gov
Heritage Preservation Commission Justin Fortney
(HPC) Jfortney@hastingsmn.gov
Parks & Recreation Chris Jenkins (PRC) Cjenkins@hastingsmn.gov
Planning John Hinzman
(PC) Jhinzman@hastingsmn.gov
Public Safety David Wilske
(PSAC) dwilske@hastingsmn.gov
Arts Task Force Kelly Murtaugh kmurtaugh@hastingsmn.gov
Other/ no Preference Dan Wietecha
Dwietecha@hastingsmn.gov
To help us have a better understanding of your interests and background, we ask for some general
information. Please complete and sign the application.
Name
Address
Day Phone
Evening Phone
E-mail
VIII-06
City of Hastings Page 2 of 2
Advisory Commission Interest Form
Please share why you are interested in becoming involved with a City commission or task force.
Supplemental Information
Employer:
Occupation:
What experience would you bring to the C ommission or
Task Force?
Please return to: City of Hastings City Use
101 Fourth Street East OR via email to the Date Received:
Hastings, MN 55033 Commission contact Forwarded to:
§ 31.36 PUBLIC DISCLOSURE.
(A) Each public official of the City of Hastings shall file for public record in the office of the City Clerk, a sworn statement in a form
approved by the City Council and which must contain, at a minimum, the following information:
(1) The names of all businesses, corporations, companies, firms, partnerships, or other business enterprises, doing business with
or in the City of Hastings, in which the public official is connected thereto as an employee, owner, director, officer, adviser, or consultant, or in
which the public official has a continuing financial interest, through ownership of stock or as a beneficiary of any pension or retirement plan;
(2) A description of all parcels of real property, other than property occupied by the public official as a personal residence,
in which the public official has any interest, including the right to occupy any such property; and
(3) The interest of a spouse, or minor child or other member of the immediate household of any public official shall be
considered an interest of the public official for purposes of filing the statement required.
(B) Each person who becomes a public official shall, within 30 days after assuming the office or position, file a public disclosure
required by this section.
(1) Following an initial filing, the information on that filing shall remain in effect and all public officials will continue to attest to
its truth. Within 30 days of any change to the information on the initial filing and following any reappointment or reelection, all public officials
shall file a new sworn statement with the City Clerk. City staff members covered under this provision shall fill out an initial filing and shall
thereafter complete any amended filings within 30 days of any change to the information on the initial filing or at least every 4 years, in the years
in which the Mayor and at large Councilmember seats are up for election, whichever comes first. (Am. Ord. 511, passed 4-5-2004)
(2) This subchapter shall not be construed to require the filing of any information relating to any person’s connection with any
professional society or any charitable, religious, social, fraternal, recreational, civil or political organization or any similar organization not
conducted as a business enterprise.
(3) The City Administrator shall inform each person who is required to file a statement, the time and place for filing, and shall
furnish each such person with a copy of this subchapter and the required statement form. The City Administrator shall inform the City Council
when any person, who
is required to file a statement, fails to file the statement in a timely manner. (Prior Code, § 2.81)
VIII-06
VIII-06
VIII-06
City Council Memorandum
To: Mayor Fasbender & City Councilmembers
From: Chris Jenkins, Parks & Recreation Director
Date: December 19, 2022
Item: Reappoint Parks & Recreation Commissioners Zuzek and Bower
Council Action Requested:
The City Council is asked to approve the reappointments of Scott Zuzek and Carl
Bower to the Parks & Recreation Commission from 1/1/2023 – 12/31/2024.
Background Information:
Commissioners Zuzek and Bower were appointed to the PRC on 1/1/2021, and
have served one term thus far. Commissioners may serve up to three consecutive
two-year terms upon approval of the City Council.
Both Commissioner Zuzek and Commission Bower have served the Parks &
Recreation Commission, and the community of Hastings with dedication and
devotion during their first terms. Zuzek and Bower are engaged, active and
positive commissioners, and are very much appreciated by staff and fellow
commissioners.
Staff wholeheartedly recommend reappointment of both Commissioner Zuzek
and Commission Bower to the Parks & Recreation Commission for their 2nd terms.
Financial Impact:
N/A
Advisory Commission Discussion:
The PRC recommends the reappointment of Commissioner Polehna.
Council Committee Discussion:
N/A
Attachments:
▪ None
VIII-07
City Council Memorandum
To: Mayor Fasbender & City Councilmembers
From: Emily King, Deputy City Clerk
Date: December 19, 2022
Item: Approve 2023 – 2025 Massage Therapy Establishment License Renewals
Council Action Requested:
Adopt the attached resolution approving the 2023 – 2025 Massage Therapy Establishment
License Renewals.
Background Information:
City Code Chapter 116 requires that massage therapy establishments within the City of Hastings
be licensed every three years. The licensing period for a massage therapy establishment is
January 1 of the first year through December 31 of the third year.
The City has received and reviewed applications for massage therapy establishment license
renewals for the January 1, 2023 through December 21, 2025 licensing period. Approvals and
issuance of licenses are contingent upon the City receiving all license fees, required documents,
licensing of all employed massage therapists, successfully completing a background check
conducted by the Hastings Police Department and the building inspection conducted by the
Hastings Fire Marshall.
Financial Interest:
All associated fees have been paid or will be paid prior to issuance of a license.
Advisory Commission Discussion:
N/A
Council Committee Discussion:
N/A
Attachments:
• Resolution
VIII-08
CITY OF HASTINGS
COUNTIES OF DAKOTA AND WASHINGTON
RESOLUTION NO. 12 - - 22
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS
APPROVING 2023 – 2025 MASSAGE THERAPY ESTABLISHMENT LICENSE
RENEWALS
WHEREAS, the City has received and reviewed applications for renewal of massage
therapy establishment licenses; and
WHEREAS, approval and issuance of licenses are contingent upon the City receiving all
license fees, required documents, licensing of employed massage therapists, successfully passing
the background check conducted by the Hastings Police Department and the building inspection
conducted by the Hastings Fire Marshal.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Hastings
that the following massage therapy establishment license renewals are approved for the January
1, 2023 – December 31, 2025 licensing period.
Barbara J. Odman Massage Barbara Odman 213 Sibley Street #103
Caring Hands Massage & Spa Judith Kulla 427 Vermillion Street
Envision Therapy Natalie Briones 800 Oak Street, Upper Level
Hastings Family Chiropractic Dr. Andrew L’Allier 1266 North Frontage Road
Millner Family Chiropractic
dba Health Solutions Center Scott Millner 117 3rd Street West
MindfulMotion Pilates,
Wellness, and Ayurveda Nicole DePalma 214 Sibley Street
Power Within Chiropractic Dr. Bethanie Schatz 925 Hwy. 55, Suite 103
Pure Serenity Wellness
Center Ericka Love 202 2nd Street East
Simply Still Spa Mindy Bekker 1250 North Frontage Road,
Suite 206
Traveling Hands Amanda Kaeding 1304 Vermillion Street
VIII-08
Adopted this 19th day of December, 2022.
______________________________
Mary D. Fasbender, Mayor
Attest:
_______________________________
Kelly Murtaugh, City Clerk
VIII-08
City Council Memorandum
To: Mayor Fasbender & City Councilmembers
From: Emily King, Deputy City Clerk
Date: December 19, 2022
Item: Approve 2023 Massage Therapist License Renewals
Council Action Requested:
Adopt the attached resolution approving the 2023 Massage Therapist License Renewals.
Background Information:
City Code Chapter 116 requires that massage therapists practicing within the City of Hastings be
licensed annually. The licensing period for a massage therapist is January 1 through December
31. All massage therapist renewals are listed on the attached resolution.
The City has received and reviewed applications for massage therapist license renewals for the
January 1, 2023 - December 31, 2023 licensing period. Approvals and issuance of licenses are
contingent upon the City receiving all license fees, required documents and completion of a
criminal background investigation conducted by the Hastings Police Department.
Financial Impact:
License revenue is included in the budget.
Advisory Commission Discussion:
N/A
Council Committee Discussion:
N/A
Attachments:
• Resolution
VIII-09
CITY OF HATSINGS
COUNTIES OF DAKOTA AND WASHINGTON
RESOLUTION NO. 12 - - 22
A RESOLUTION APPROVING 2023 MASSAGE THERAPIST
LICENSE RENEWALS
WHEREAS, the City has received and reviewed applications for the renewal of massage
therapist licenses; and
WHEREAS, approval and issuance of licenses are contingent upon the City receiving license
fees, required documents, and completion of a criminal background investigation conducted by the
Hastings Police Department.
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Hastings,
Minnesota that the following massage therapist license renewals are approved for the January 1, 2023 –
December 31, 2023 licensing period.
Massage Therapist: Practicing At:
Barb Odman Barb’s Therapeutic Massage, 213 Sibley Street #103
Alana Dalmas Caring Hands Massage & Spa, 427 Vermillion St.
David Mueller Caring Hands Massage & Spa, 427 Vermillion St.
Elizabeth Olsen Caring Hands Massage & Spa, 427 Vermillion St.
Judith Kulla Caring Hands Massage & Spa, 427 Vermillion St.
Michael Cline Caring Hands Massage & Spa, 427 Vermillion St.
Sandra Burdine Caring Hands Massage & Spa, 427 Vermillion St.
Jeanne Lecher Caring Hands Massage & Spa, 427 Vermillion St.
Marcia Burt Caring Hands Massage & Spa, 427 Vermillion St.
Jolynn Ganther Millner Family Chiropractic dba Health Solutions
Center, 117 3rd Street West
Sharon Pollock Millner Family Chiropractic dba Health Solutions
Center, 117 3rd Street West
Christine Jones Mobile Massage
Samantha Koss Power Within Chiropractic, 925 Hwy 55 Suite 103
Ericka Love Pure Serenity Wellness Center, 202 2nd Street East
Heather Duhaime Simply Still Spa, 1250 N. Frontage Road, Suite 206
Mindy Bekker Simply Still Spa, 1250 N. Frontage Road, Suite 206
Shannan Koch Simply Still Spa, 1250 N. Frontage Road, Suite 206
Suzanne Dillon Simply Still Spa, 1250 N. Frontage Road, Suite 206
Nicole DePalma MindfulMotion Pilates, Wellness, & Ayurveda, 214
Sibley Street
Ann Streeter Envision Therapy, 800 Oak Street, Upper Level
Natalie Briones Envision Therapy, 800 Oak Street, Upper Level
Amanda Kaeding Traveling Hands Massage, 1304 Vermillion St.
VIII-09
Adopted on this 19th day of December, 2022.
_______________________________
Mary D. Fasbender, Mayor
Attest:
____________________________
Kelly Murtaugh, City Clerk
VIII-09
City Council Memorandum
To: Mayor Fasbender & City Council Members
From: John Townsend, Fire Chief
Date: December 19, 2022
Item: Accept a Donation from James and Janice Weber
Council Action Requested: Council is asked to accept a donation in the amount of $20.00, made to the
fire department, and to adjust the fire donation account #213-210-2100-5815 in the same amount.
Background Information: James and Janice Weber have made this donation to be used towards fire
prevention.
Financial Impact: Increase the fire donation account by $20.00
Advisory Commission Discussion: N/A
Council Committee Discussion: N/A
Attachments: N/A
VIII-10
CITY OF HASTINGS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 12 - - 22
A RESOLUTION EXPRESSING ACCEPTANCE OF AND APPRECIATION OF
DONATIONS TO THE HASTINGS FIRE DEPARTMENT
WHEREAS, James and Janice Weber made a donation to be designated to the
fire department; and
WHEREAS, the City Council is appreciative of the donation and commends
James and Janice Weber for their civic efforts,
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of
Hastings, Minnesota; That the donation is accepted and acknowledged with gratitude; and
Adopted this 19th day of December, 2022.
Mary Fasbender, Mayor
Attest:
Kelly Murtaugh, City Clerk
VIII-10
City Council Memorandum
To: Mayor Fasbender & City Councilmembers
From: John Townsend, Fire Chief
Date: December 19, 2022
Item: Accept Donation from Pat Moen Lawn Care, Inc.
Council Action Requested: Council is asked to accept a donation of one large wreath to be used in
conjunction with the Keep the Wreath White Fire Prevention Campaign. This wreath has been placed on
the east exterior wall of the fire station.
Background Information: The Keep the Wreath White Fire Prevention Campaign is a public outreach
program to remind our citizens of the importance of fire prevention during the busy holiday season. As
part of this program, a large wreath decorated with white lights is placed at the fire station along
Highway 61. For every preventable structure fire, within our service area, a white light will be replaced
with a red light. Our goal is to have a “white holiday season.”
Financial Impact: Pat Moen Lawn Care, Inc., has graciously donated the wreath to be used as part of our
campaign. The wreath has a sales value of $100.00
Advisory Commission Discussion: N/A
Council Committee Discussion: N/A
Attachments: N/A
VIII-11
CITY OF HASTINGS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 12 - - 22
A RESOLUTION EXPRESSING ACCEPTANCE OF AND APPRECIATION OF
A DONATION TO THE HASTINGS FIRE DEPARTMENT
WHEREAS, Pat Moen, owner of Pat Moen Lawn Care, Inc., has designated that
his donation of a large holiday wreath, valued at $100.00 be used towards the Keep the
Wreath White Fire Prevention Campaign; and
WHEREAS, the City Council is appreciative of the donation and commends
Mr. Pat Moen of Pat Moen Lawn Care Inc., for his civic efforts,
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of
Hastings, Minnesota;
1. That the donation is accepted and acknowledged with gratitude; and
2. That the donation will be used in the Keep the Wreath White
Campaign.
Adopted this 19th day of December, 2022.
Mary Fasbender, Mayor
Attest:
Kelly Murtaugh, City Clerk
VIII-11
City Council Memorandum
To: Mayor Fasbender & City Council Members
From: John Townsend, Fire Chief
Date: December 19, 2022
Item: Accept a Donation from Craig and Dianna Chapman
Council Action Requested: Council is asked to accept a donation in the amount of $50.00, made to
the fire department, and to adjust the fire donation account #213-210-2100-5815 in the same amount.
Background Information: Craig and Dianna Chapman have made this donation to be used towards
fire prevention.
Financial Impact: Increase the fire donation account by $50.00
Advisory Commission Discussion: N/A
Council Committee Discussion: N/A
Attachments: N/A
VIII-12
CITY OF HASTINGS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 12- -22
A RESOLUTION EXPRESSING ACCEPTANCE OF AND APPRECIATION OF
DONATIONS TO THE HASTINGS FIRE DEPARTMENT
WHEREAS, Craig and Dianna Chapman made a donation to be
designated to the fire department; and
WHEREAS, the City Council is appreciative of the donation and
commends Craig and Dianna Chapman for their civic efforts,
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of
Hastings, Minnesota; That the donation is accepted and acknowledged with
gratitude; and
Adopted this 19th day of December, 2022.
________________________________
Mary Fasbender, Mayor
Attest:
____________________________
Kelly Murtaugh, City Clerk
VIII-12
City Council Memorandum
To: Mayor Fasbender & City Council Members
From: John Townsend, Fire Chief
Date: December 19, 2022
Item: Declare Surplus Property and Authorize for Public Sale.
Council Action Requested:
Approve declaration of surplus property and authorize for public sale: Rescue 1 and Medic 1
Background Information:
With the purchase of new Engine 1, and its ability to handle our rescue equipment and all first due calls,
there is no current need for Rescue 1. We are taking delivery of the replacement ambulance for
Medic 1. We request the following listed vehicles be declared excess property and authorized for public
sale:
Rescue 1: Medic 1:
Make – International/Ferrara Make – Ford/Lifeline
Year – 2004 Year – 2018
Mileage – 36,827 Mileage – 142,176
VIN – 1HTWEAZR25JO13985 VIN – 1FDXE4FS7JDC15778
Financial Impact:
Decreased maintenance and replacement costs with sale of Rescue 1 by reducing fleet. No impact for
Medic 1, this is a planned capital expense and replacement.
Advisory Commission Discussion: N/A
Council Committee Discussion: N/A
Council Workshop: N/A
Attachments: None
VIII-13
City Council Memorandum
To: Mayor Fasbender & City Councilmembers
From: Chris Eitemiller, Finance Manager
Date: December 19, 2022
Item: Approve Contract for Finance System Project
Council Action Requested:
BS&A has been chosen as the vendor for the Finance System upgrade project. Council is
requested to approve the contract with the vendor.
Background Information:
The City’s Finance System is outdated. Throughout this year, the Finance Department has
worked with our Consultant Abdo, Eick & Meyers to assess the City’s needs, put out an RFP,
and review vendor responses. Recently, multiple departments viewed and rated software demos
from our prospective vendors. At this time, we have selected BS&A as our software provider.
Council approval is needed for this contract in order to get the City on the vendor’s
implementation schedule for 2023. The project is not expected to be completed until early in
2024.
Advisory Commission Discussion:
N/A
Council Committee Discussion:
N/A
Attachments: • Project Contract
VIII-14
Updated 11/21/22
ADOPTED BY THE CITY COUNCIL OF THE CITY OF HASTINGS, THIS 19th DAY OF
DECEMBER, 2022.
ATT
EST:
Mary Fasbender, Mayor
Kelly Murtaugh, City Clerk
VIII-14
SOFTWARE AS A SERVICE AGREEMENT
This Software as a Service Agreement, including the attached Exhibits (“Agreement”), is entered into by and between
Bellefeuil, Szur & Associates, Inc. ("BSA"), a Michigan corporation and the City of Hastings, Dakota County, MN, a
Minnesota municipal corporation (“Customer”), effective the date of the signature of the last Party to sign the
Agreement (“Effective Date”). Each party to the Agreement is referred to as a “Party” and the parties, collectively, are
referred to as “Parties.”
This Agreement sets the terms and conditions under which BSA will furnish certain Software as a Service (“SaaS”) and
certain professional services described herein to Customer.
SECTION A – SAAS SERVICES
1. Rights Granted.
1.1. Upon the Effective Date, subject to the terms of this Agreement and Customer’s ongoing compliance
therewith, BSA hereby grants to Customer a non-exclusive, non-transferable, and non-assignable license to
use the BSA Software Products. “BSA Software Product(s)” means, the: (i) BSA Software as a Service set forth
in Schedule 1 to Exhibit A; (ii) related interfaces and customizations; (iii) BSA manuals, BSA official
specifications, and BSA user guides provided in or with BSA software products set forth in Schedule 1 to
Exhibit A (“Documentation”); and (iv) all modifications to the BSA software products set forth in Schedule
1 to Exhibit A, including, but not limited to, fixes, new versions, new releases, updates, upgrades,
corrections, patches, work-arounds (collectively, “Modifications”). For the avoidance of doubt,
Documentation does not include advertising, other general statements about products, or statements by
sales or other staff members.
1.2. Customer acknowledges that BSA will not ship copies of the BSA Software Products as part of the SaaS
Services.
2. Restrictions. Customer will not (i) sublicense, modify, adapt, translate, or otherwise transfer, reverse compile,
disassemble or otherwise reverse engineer BSA Software Products or any portion thereof without prior written
consent of BSA; (ii) access or otherwise use the BSA Software Products to create or support, and/or assist a third
party in creating or supporting software products competing with the BSA Software Products; or (iii) assign,
disclose, display, distribute, host, lease, license, outsource, permit timesharing or service bureau use, rent, sell,
transfer or otherwise use the BSA Software Products for any commercial use other than fulfilling Customers own
internal business purposes. Without limiting the foregoing, the BSA Software Products may not be modified by
anyone other than BSA. If Customer modifies the BSA Software Products without BSA’s prior written consent, any
BSA obligation to provide support services on, and the warranty for, the BSA Software Products will be void. All
rights not expressly granted are reserved.
3. SaaS Fees. Customer agrees to pay BSA, and BSA agrees to accept from Customer as payment in full for the rights
granted herein, the SaaS fees set forth in Schedule 1 to Exhibit A.
4. Ownership.
4.1. BSA retains all ownership and intellectual property rights to the SaaS Services, the BSA Software Product(s),
and anything developed by BSA under this Agreement. Customer does not acquire under this Agreement any
license to use the BSA Software Product(s) beyond the scope and/or duration of the SaaS Services. Customer
agrees not to challenge such rights and hereby assigns any and all copyrights and other intellectual property
rights in and to the BSA Software Products to BSA and agrees to execute any and all documents necessary to
VIII-14
effect the purpose of this paragraph. “Intellectual property rights” means all trademarks, copyrights, patents,
trade secrets, moral rights, know-how, and all other proprietary rights.
4.2. Customer retains all ownership and intellectual property rights to the data.
5. Limited Software Warranty.
5.1. BSA warrants, for the term of use granted, that the BSA Software Products will perform without material defects
in workmanship or materials. Customer’s exclusive remedy in the event of a breach of this warranty shall be to
have BSA use reasonable efforts, consistent with industry standards, to repair or replace the non-conforming
BSA Software Product so as to render it conforming to the warranty, in accordance with the maintenance and
support process set forth below in Exhibit C and BSA’s then current Support Call Process.
5.2. THE FOREGOING LIMITED SOFTWARE WARRANTY IS IN LIEU OF ALL OTHER REPRESENTATIONS OR
WARRANTIES RELATING IN ANY WAY TO THE BSA SOFTWARE PRODUCTS INCLUDING, BUT NOT LIMITED TO,
THEIR FEATURES, ATTRIBUTES, FUNCTIONALITY, AND PERFORMANCE. THE FOREGOING LIMITED SOFTWARE
WARRANTY IS IN LIEU OF ALL SUCH REPRESENTATIONS OR WARRANTIES WHETHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR REPRESENTATIONS OF
MERCHANTABILITY, MERCHANTABLE QUALITY AND FITNESS FOR A PARTICULAR PURPOSE AND THOSE
ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM THE COURSE OF DEALING OR USAGE OF TRADE. BSA
DOES NOT REPRESENT OR WARRANT THAT THE BSA SOFTWARE PRODUCTS WILL MEET ANY OR ALL OF
CUSTOMER’S PARTICULAR REQUIREMENTS, THAT THE OPERATION OF THE BSA SOFTWARE PRODUCTS WILL
OPERATE ERROR FREE OR UNINTERRUPTED, OR THAT ALL PROGRAMMING ERRORS IN THE BSA SOFTWARE
PRODUCTS CAN BE FOUND IN ORDER TO BE CORRECTED.
6. One Year Money Back Guarantee. BSA offers a one (1) year Money Back Guarantee on all SaaS products. If, for
any reason, Customer is not satisfied with the BSA Software Product, Customer may cancel service within one (1)
year of the date that the BSA Software Product becomes available for use (“Activation Date”), for a full refund of
the SaaS Fees, as identified in Schedule 1 to Exhibit A. Customer must notify BSA of intention to terminate at
least thirty (30) days prior to the end of the one (1) year period.
7. SaaS Services.
7.1. Customer will utilize shared hardware in a data center, but in a database dedicated to Customer’s use, which
is not accessible to other customers.
7.2. Microsoft Azure data centers, or any replacement data centers utilized by BSA during the term of this
Agreement are accessible only by authorized personnel, for specific business purposes, with prior approval
required.
7.3. Data centers utilized by BSA will have redundant telecommunications access, electrical power, and the
necessary hardware to provide access to the BSA Software Products in the event of a disaster or component
failure. In the event any of Customer’s data is lost or damaged due to a negligent act or omission of BSA, or
due to a defect in the BSA Software Product, BSA will use reasonable commercial efforts to restore data on
servers in accordance with the system capabilities and with the objective of minimizing any data loss possible.
BSA’s systems are reasonably designed to ensure that the recovery point shall not exceed a maximum of
twenty-four (24) hours from declaration of disaster. For purposes of this section, the declaration of disaster
shall be declared by BSA in response to issues discovered by BSA, or upon confirmation of issues relayed by
Customer to BSA. Said declaration of disaster will not be unreasonably withheld by BSA.
7.4. In the event that a backup must be restored due to a declaration of disaster, or database failure, BSA will be
responsible for importing backup data and verifying that Customer can log in. Customer will be solely
responsible for running reports and testing critical processes to verify the restored data.
VIII-14
7.5. BSA’s systems are reasonably designed to ensure that, access to the BSA Software Products can be restored
within one (1) business day of the declaration of disaster.
7.6. Customer will not attempt to reverse engineer, bypass, or otherwise subvert security restrictions in the BSA
Software Products or the SaaS environment related to the BSA Software Products. Unauthorized attempts to
access files, passwords, other confidential information, or unauthorized vulnerability and penetration testing
of BSA’s system (hosted or otherwise) is prohibited without the prior express written approval of BSA.
7.7. BSA shall protect and maintain complete confidentiality of all Customer data and/or information acquired as
a result of performing its duties pursuant to this Agreement and shall not reveal the same to any third party
or use such information for any purpose other than specified in this Agreement without the prior written
consent of Customer unless disclosure is required pursuant to court order, federal or state law, or other
applicable regulation.
7.8. BSA shall not enter into subcontracts for any of the services provided for in this Agreement without the express
written consent of the Customer, unless specifically provided for in the Exhibits.
SECTION B – PROFESSIONAL SERVICES
8. Professional Services. BSA shall provide the services (“Professional Services”) set forth in Schedule 2 to Exhibit
A, for the prices indicated, provided Customer fulfills its obligations set forth in this Agreement. BSA and Customer
may enter into future Statements of Work, which shall become part of this Agreement. Future Statements of Work
resulting from a change in scope to the contracted services may necessitate Change Orders to indicate changes to
the agreed upon scope of work and any increase or decrease in costs related to the change in scope. Customer
acknowledges that the fees stated in the Cost Summary are good-faith estimates of the amount of time and
materials required for Customer’s implementation. BSA will bill Customer for the actual fees incurred based on the
services provided to Customer.
9. Change Orders. In the event of a change in the agreed upon project scope for professional services not covered
or otherwise included in the existing Agreement, Customer shall deliver to BSA’s Project Manager a written change
order and specify in such change order the proposed work with sufficient detail to enable BSA to evaluate it
(“Change Order”). BSA may, at its discretion, prescribe the format of the Change Order. BSA shall provide the
Customer with an evaluation of the Change Order, which may include a written proposal containing the following:
(i) implementation plan; (ii) the timeframe for performance; and (iii) the estimated price for performance of such
change, based on the then current rates for said services. Upon execution, all Change Orders shall be governed by
the terms and conditions of this Agreement, unless mutually agreed upon otherwise in writing. Customer
acknowledges that such Change Orders may affect the implementation schedule and dates otherwise established
as part of the project plan. The implementation schedule and schedule of activities for contracted services (the
“Project”) shall be established based on a timeline mutually agreed upon between the Parties following the
execution of this Agreement.
10. License and Ownership.
10.1. All rights, including intellectual property rights, in and to work product delivered as a result of Professional
Services under this Agreement shall be owned by BSA. For the avoidance of doubt, work product that
constitutes a BSA Software Product, or portion thereof shall be governed by Section A of this Agreement,
including Section 1.1 thereof.
10.2. Subject to Section 9.1 and Customer’s compliance with this Agreement (including payment in full), BSA grants
to Customer a non-exclusive, non-transferrable, and non-assignable license to use the work product and the
intellectual property rights therein for Customer’s internal business purposes only.
VIII-14
11. Cancellation. In the event Customer cancels or reschedules Professional Services (other than for Force Majeure or
breach by BSA), and without prejudice to BSA’s other rights and remedies, Customer is liable to BSA for: (i) all non-
refundable expenses actually incurred by BSA on Customer’s behalf; and (ii) daily Project Management or Training
fees associated with the cancelled Professional Services (in accordance with the daily fee rate), if less than thirty
(30) days advance notice is given regarding the need to cancel or reschedule and BSA cannot reasonably reassign
its affected human resources to other projects where comparable skills are required.
12. Limited Professional Services Warranty.
12.1. BSA warrants that its Professional Services will be performed in a professional and workmanlike manner,
consistent with industry standards. In the event of a breach of the foregoing warranty and a claim in accordance
with the breach, BSA’s sole obligation and Customer’s exclusive remedy with respect to such claim will be to
have BSA reperform the portion of the Professional Services with respect to which the warranty has been
breached, to bring it into compliance with such warranty. Any claim for breach of the foregoing warranty must
be made by notice to BSA within thirty (30) days of performance of the portion of the Professional Services
with respect to which the claim is made or said claim shall be deemed waived.
12.2. THE FOREGOING LIMITED PROFESSIONAL SERVICES WARRANTY IS IN LIEU OF ALL OTHER REPRESENTATIONS
OR WARRANTIES RELATING TO THE PROFESSIONAL SERVICES, EXPRESS OR IMPLIED. INCLUDING, BUT NOT
LIMITED TO, ANY IMPLIED WARRANTIES OR REPRESENTATIONS OF MERCHANTABILITY, MERCHANTABLE
QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, AND THOSE ARISING BY STATUTE OR OTHERWISE IN
LAW, OR FROM THE COURSE OF DEALING OR USAGE OF TRADE.
13. Customer Site Access and Assistance.
13.1. Customer agrees and acknowledges that the implementation of the BSA Software Products is a cooperative
process requiring time and resources of Customer personnel. Customer shall, and shall cause Customer
personnel to, use all reasonable efforts to cooperate with and assist BSA as may be reasonably required to
meet the project deadlines and other project milestones agreed to by the Parties for implementation. BSA shall
not be liable for failure to meet such deadlines and milestones when such failure is due to force majeure (as
defined in Section 30, below) or to the failure by Customer personnel to provide such cooperation and
assistance (either through action or omission.)
13.2. At no cost to BSA, Customer agrees to provide to BSA full access to and use of personnel, facilities, and
equipment as reasonably necessary for BSA to provide implementation and training services. Such access will
be subject to any reasonable security protocols or written policies provided to BSA prior to Effective Date of
this Agreement, or mutually agreed to thereafter.
SECTION C – MAINTENANCE AND SUPPORT
14. Maintenance and Support Generally.
14.1. For a one (1) year period, commencing on the Activation Date, and subject to Customer’s compliance with the
Agreement, BSA will provide, at no charge to Customer, “Maintenance and Support”, meaning the following;
(i) Modifications (such as patches, corrections and updates) as are generally provided at no additional charge
by BSA to BSA customers; and (ii) technical support assistance, as further described in Section 14, during BSA’s
normal business hours.
14.2. Commencing one (1) year from the Activation Date, Maintenance and Support will continue to be provided
subject to compliance with the terms of the Agreement and payment of the SaaS Fees outlined in Exhibit B.
VIII-14
14.3. BSA guarantees that the annual SaaS Fees, as set forth in Exhibit B will not change for two (2) years from the
Activation Date. After that date, BSA reserves the right each year to increase the fee over the previous year by
no more than an amount that is proportionate to the increase (measured from the beginning of such previous
year) in the Consumer Price Index as set forth by the U.S. Department of Labor, Bureau of Labor Statistics,
Consumer Price Index – All Urban Customers – U.S. City Average (CPI-U), or a similar measure should such data
become unavailable.
14.4. Maintenance and Support and the SaaS fee do not include amounts that may be due for such items as
additional training, additional BSA Software Products, custom development work, hardware purchases, BSA
staff time to create or modify report writer-based reports, configurable imports or exports, or data entry.
Additional fees may be payable for items charged on a per event basis, such as Permit Application Submission
Fees related to online permit applications.
15. Support.
15.1. With respect to Errors following expiration of the Limited Software Warranty, BSA’s sole obligation and
Customer’s sole remedy are set forth in this Section 15. Subject to Customer’s compliance with the terms of
the Agreement and payment of SaaS fees, BSA shall use commercially reasonable efforts, commensurate with
the severity level, to achieve its support response and resolution targets with respect to Errors as set forth in
Exhibit C. An “Error” means a verifiable and reproducible failure of a BSA Software Product to operate in
accordance with the Documentation under conditions of normal use and where the Error is directly attributable
to the BSA Software Product as updated with current Modifications. If the customer modifies the BSA Software
Products without BSA’s written consent, BSA’s obligation to provide support services on the BSA Software
Products will be void.
15.2. Support does not include the following: (i) installation or implementation of the BSA Software Products; (ii)
onsite training/support, remote training, application design, and other consulting services; (iii) support of an
operating system, hardware, or support outside of BSA’s normal business hours; (iv) support or support time
due to a cause external to the BSA Software Products adversely affecting their operability or serviceability,
which shall include, but not be limited to, water, fire, lightning, other natural calamities, misuse, abuse, or
neglect; (v) repair of the BSA Software Products modified in any way other than modifications made by BSA or
its authorized agents; and (vi) support of any other third-party vendors’ software, such as operating system
software, network software, database managers, word processers, etc. All such excluded Maintenance and
Support Services performed by BSA at Customer’s request shall be invoiced to Customer on a time and
materials basis, plus reasonable expenses associated therewith.
15.3. Notwithstanding anything to the contrary, Customer shall provide prompt notice of any Errors discovered by
Customer, or otherwise brought to the attention of Customer. Proper notice may include, without limitation,
prompt telephonic and written (either via e-mail or postal mail) notice to BSA of any purported Error. If
requested by BSA, Customer agrees to provide written documentation of Errors to substantiate those Errors
and to otherwise assist BSA in the detection and correction of said Errors. BSA will use its commercially
reasonable judgment to determine if an Error exists, and the severity of the Error.
15.4. Customer acknowledges and agrees that BSA and product vendors may require online access to the BSA
Software Product in order for BSA to provide Maintenance and Support Services hereunder. Accordingly,
Customer shall provide a high-speed internet connection to facilitate BSA’s remote access to the BSA Software
Products. BSA shall provide remote connection software, which may require installation of a software
component on a workstation or server computer.
VIII-14
SECTION D – THIRD PARTY PRODUCTS
16. Third Party Products.
16.1. BSA will sell, deliver and install onsite any hardware products not produced by BSA (“Third-Party Hardware”),
if purchased by Customer, for the prices set forth in Schedule 1 to Exhibit A, as modified by any subsequent
Change Order(s).
16.2. BSA shall not provide any warranty services on Third Party Hardware sold. BSA is not the manufacturer of the
Third-Party Products. To the extent applicable, BSA will grant and pass through to Customer any warranty that
BSA may receive from the supplier of the Third-Party Product(s).
SECTION E – GENERAL TERMS AND CONDITIONS
17. BSA Proprietary Information.
17.1. Customer acknowledges that the information associated with or contained within the BSA Software Products
and information used in the performance of Professional Services include information relating to BSA Software
Products, BSA’s business, and the terms of this Agreement (the “Proprietary Information”).
17.2. Customer shall maintain in confidence and not disclose Proprietary Information, directly or indirectly, to any
third party without BSA’s prior written consent. Customer shall safeguard the Proprietary Information to the
same extent that it safeguards its own most confidential materials or data, but in no event shall the standard
implemented be less than industry standard. Proprietary Information shall be used by Customer solely to fulfill
its obligations under this Agreement. Customer shall limit its dissemination of such Proprietary Information to
employees within the Customer’s business organization who are directly involved with the performance of this
Agreement and have a need to use such Proprietary Information. Customer shall be responsible for all
disclosures by any person receiving Proprietary Information, by or through it, as if Customer itself disseminated
such information.
17.3. Proprietary Information shall not include any information that: (a) is or becomes publicly known through no
wrongful act of breach of any obligation of confidentiality by Customer; (b) was lawfully known to Customer
prior to the time it was disclosed to or learned by Customer in connection with this Agreement, provided that
such information is not known to Customer solely because of its prior business relationship with BSA; (c) was
received by Customer from a third party that is not under an obligation of confidentiality to BSA; or (d) is
independently developed by Customer for a party other than BSA without the use of any Proprietary
Information. The following circumstances shall not cause Proprietary Information to fall within any of the
exceptions (a) through (d) above: (i) a portion of such Proprietary Information is embraced by more general
information said to be in the public domain or previously known to, or subsequently disclosed to, the
Customer; or (ii) it is a combination derivable from separate sources of public information, none of which
discloses the combination itself.
17.4. If Customer is required, or anticipates that it will be required, to disclose any Confidential Information pursuant
to a court order or to a government authority, Customer shall, at its earliest opportunity, provide written notice
to BSA so as to give BSA a reasonable opportunity to secure a protective order or take other actions as
appropriate. Customer shall at all times cooperate with BSA so as to minimize any disclosure to the extent
allowed by applicable law.
18. Limitation on Liability and Damages. BSA’S ENTIRE LIABILITY AND RESPONSIBILITY FOR ANY AND ALL CLAIMS,
DAMAGES, OR LOSSES ARISING FROM THE BSA SOFTWARE PRODUCTS (INCLUDING BUT NOT LIMITED TO THEIR
USE, OPERATION AND/OR FAILURE TO OPERATE), PROFESSIONAL SERVICES, MAINTENANCE AND SUPPORT, ANY
THIRD-PARTY PERFORMANCE OR LACK THEREOF, OR OTHERWISE ARISING OUT OF OR RELATING TO THIS
AGREEMENT, SHALL BE ABSOLUTELY LIMITED IN THE AGGREGATE FOR ALL CLAIMS TO DIRECT DAMAGES NOT IN
VIII-14
EXCESS OF THE INITIAL SAAS FEES PAID FOR THE FIRST YEAR OF SERVICE OF THE BSA SOFTWARE PRODUCTS
PLUS, TO THE EXTENT APPLICABLE, THE PURCHASE PRICE OF ANY PROFESSIONAL SERVICE SET FORTH IN THIS
AGREEMENT THAT GIVES RISE TO A CLAIM. NOTWITHSTANDING ANY PROVISION CONTAINED HEREIN, BSA
SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR CONTINGENT DAMAGES
OR EXPENSES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, ARISING IN ANY WAY
OUT OF THIS AGREEMENT, BSA SOFTWARE PRODUCTS, ANY THIRD-PARTY PERFORMANCE, OR LACK THEREOF,
OR BSA’S PERFORMANCE, OR LACK THEREOF, UNDER THIS AGREEMENT, INCLUDING, WITHOUT LIMITING THE
GENERALITY OF THE FOREGOING, LOSS OF REVENUE, PROFIT, OR LOSS OF USE. TO THE EXTENT THAT APPLICABLE
LAW DOES NOT PERMIT THE LIMITATIONS SET FORTH HEREIN, THE LIABILITY AND DAMAGES SHALL BE LIMTED
AND RESTRICTED TO THE EXTENT PERMITTED BY LAW.
19. Additional Disclaimer. SUPPLIER PROVIDES NO WARRANTY FOR ANY THIRD-PARTY SOFTWARE AND/OR
HARDWARE, EXCEPT AS SET FORTH IN THIS AGREEMENT, SUPPLIER WILL NOT BE RESPONSIBLE FOR ANY THIRD-
PARTY SOFTWARE, THIRD-PARTY SERVICES AND/OR HARDWARE.
20. Indemnification for Intellectual Property Infringement. If a claim is made or an action is brought alleging that
a BSA Software Product infringes on a U.S. patent, or any copyright, trademark, trade secret or other proprietary
right, BSA will defend Customer against such claim and will pay resulting costs and damages finally awarded,
provided that: (a) customer promptly notifies BSA in writing of the claim; (b) BSA has sole control of the defense
and all related settlement negotiations; (c) Customer reasonably cooperates in such defense at no expense to BSA;
and (d) Customer remains in compliance with the Agreement and has continued to remain current on payment of
SaaS fees. The obligations of BSA under this Section are conditioned on Customer’s agreement that if the applicable
BSA Software Product, in whole or in part, or the use or operation thereof, becomes, or in the opinion of BSA is
likely to become, the subject of such a claim, BSA may at its expense and without obligation to do so, either procure
the right for the Customer to continue using the BSA Software Product or, at the option of BSA, replace or modify
the same so that it becomes non-infringing (provided such replacement or modification maintains the same
material functionality and does not adversely affect Customer’s use of the Update as contemplated hereunder). In
the event that BSA provides a replacement for Customer, Customer shall cease use of the infringing product
immediately upon receiving the replacement. THIS SECTION 20 SETS FORTH THE ENTIRE LIABILITY AND
OBLIGATION OF BSA AND THE SOLE AND EXCLUSIVE REMEDY FOR CUSTOMER FOR ANY DAMAGES ARISING
FROM ANY CLAIM OR ACTION COVERED BY THIS SECTION 20.
21. No Intended Third-Party Beneficiaries. This Agreement is entered into solely for the benefit of BSA and
Customer. No third party will be deemed a beneficiary of this Agreement, and no third party will have the right to
make any claim or assert any right under this Agreement.
22. Governing Law and Venue. This Agreement shall be governed by, and construed in accordance with, the laws of
the state of Michigan, without regard to its choice of law rules. BSA and the Customer agree that the exclusive
venue for any legal or equitable action shall be the Courts of the County of Clinton, State of Michigan, or in any
court in the United States of America lying in the Western District of Michigan.
23. Entire Agreement. This Agreement represents the entire agreement of Customer and BSA with respect to the
subject matter hereof, and supersedes any prior agreements, understandings, and representations, whether written,
oral, expressed, implied, or statutory. Customer hereby acknowledges that in entering into this Agreement, it did
not rely on any information not explicitly set forth in this Agreement.
VIII-14
24. Contract Term. This initial term of this Agreement extends from the Effective Date of the Agreement until one (1)
year from the Activation Date. Upon expiration of the initial term, this Agreement will renew automatically for
successive one (1) year terms under the same terms and conditions set forth herein without further documentation
being required unless and until either party provides written notice to the other party, at least sixty (60) days prior
to the end of the then current term. Customer’s right to access or use the BSA Software Product will terminate at
the end of the Agreement.
25. Payment Terms. Customer shall pay BSA for all amounts in accordance with this Agreement and Exhibit A.
26. Termination. Without prejudice to other rights and remedies, and except as otherwise provided in this Agreement,
either Party may terminate this Agreement as set forth below. Upon termination of this Agreement: (a) Customer
shall promptly pay BSA for all fees and expenses that are not subject to a good faith dispute and that are related
to the software, products, and/or services received, or expenses BSA has incurred or delivered, prior to the effective
date of the termination (b) Customer shall return or destroy, at the direction of BSA, BSA’s Proprietary Information
in its possession. The termination of this Agreement will not discharge or otherwise affect any pre-termination
obligations of either Party existing under this Agreement at the time of termination. Sections 2, 4, 16 through 18,
21-23, 25 -39, and the provisions of this Agreement which by their nature extend beyond the termination of this
Agreement, will survive the termination of the Agreement. No action arising out of this Agreement, regardless of
the form of action, may be brought by Customer more than one (1) year after the date the action occurred.
26.1. Termination for Cause. If Customer believes that BSA has materially breached this Agreement, Customer may
terminate this Agreement for Cause in the event BSA does not cure, or create a mutually agreeable plan to
address, a material breach of this agreement within thirty (30) days after Notification by Customer. Notice shall
be provided in accordance with Section 31, below.
26.2. Force Majeure. Either Party may terminate this Agreement if a Force Majeure event suspends performance of
the SaaS Services for a period of forty-five (45) days or greater.
26.3. Lack of Appropriations. If Customer cannot appropriate, or otherwise make available funds sufficient to
continue to utilize the SaaS Services, Customer may unilaterally terminate this Agreement with thirty (30) days
written notice to BSA. Customer shall not be entitled to a refund, offset, or credit for previously paid, but
unused SaaS fees.
26.4. Failure to Pay SaaS Fees. Customer acknowledges that timely payment of SaaS Fees is necessary to maintain
continued access to the SaaS Services. In Customer does not make timely payment of SaaS fees, BSA may
discontinue the SaaS Services, and deny access to the BSA Software Products. If such failure to pay is not cured
within forty-five (45) days of receiving BSA’s notice of intent to terminate, BSA may terminate this Agreement.
26.5. Convenience. This Agreement may be terminated by either party upon thirty (30) days’ written notice delivered
to the other party to the addresses listed in Section 31 of this Agreement. If Customer terminates SaaS Services
for convenience and there is no default by BSA, any SaaS fees already paid will not be prorated, and will be
retained by BSA.
27. Severability. If any term or provision of this Agreement, or the application thereof, to any extent, is held invalid or
unenforceable, the remainder of this Agreement or the application of such term or provision to persons or
circumstances other than those as to which it is held invalid or unenforceable, will not be affected thereby, and
each term and provision of this Agreement will be valid and enforced to the fullest extent permitted by law.
28. No Waiver. In the event that any terms or conditions of this Agreement are not strictly enforced by either Party,
such nonenforcement will not act as, or be deemed as, a waiver or modification to this Agreement, nor will such
nonenforcement prevent either Party from enforcing terms of the Agreement thereafter.
VIII-14
29. Successors and Assigns. This Agreement shall be binding upon the successors, permitted assigns, representatives,
and heirs of the Parties hereto. For avoidance of doubt, any expanded use by Customer of the Program, for example,
in the event of annexation or desired shared services, shall require the consent of BSA.
30. Force Majeure. “Force Majeure” is defined as an event beyond the reasonable control of a Party, including
governmental action, war, riot or civil commotion, fine, natural disaster, epidemic, pandemic, other public health
emergency, problematic weather, lack of availability of Customer provided technology, labor disputes, restraints
affecting shipping or credit, delay of carriers or any other cause that could not, with reasonable diligence, be
foreseen, controlled or prevented by the Party. Neither Party shall be liable for delays in performing its obligations
under this Agreement to the extent that the delay is caused by Force Majeure.
31. Notice. All notices, requests, demands, and determinations under the Agreement (other than routine operational
communications), shall be in writing and shall be deemed duly given: (i) when delivered by hand; (ii) one (1) business
day after being given to a nationally recognized overnight delivery service for next-business-day delivery, all fees
prepaid; (iii) when sent by confirmed facsimile with a copy sent by another means specified in this provision; or (iv)
six (6) calendar days after the day of mailing, when mailed by United States mail, via registered or certified mail,
return receipt requested, postage prepaid, and in each case addressed as shall be set forth below. A Party may
from time-to-time change its address or designee for notification purposes by giving the other prior written notice
of the new address or designee and the date upon which it will become effective.
If to BSA:
BSA Software
14965 Abbey Lane
Bath, MI 48808
Attn: Contracts Manager
Telephone: 517-641-8900
If to Customer:
City of Hastings
101 4th Street East
Hastings, MN 55033
Telephone: (651) 480-2350
32. Independent Contractor. This is not an agreement of partnership or employment of BSA or any of BSA’s
employees by Customer. BSA is an independent contractor for all purposes under this Agreement.
33. Cooperative Procurement. To the maximum extent permitted by applicable law, BSA agrees that this
Agreement may be used as a cooperative procurement vehicle by eligible jurisdictions. BSA reserves the right to
negotiate and customize the terms and conditions set forth herein, including but not limited to pricing, to the
scope and circumstances fitting to that cooperative procurement.
34. Business License. In the event a local business license is required for BSA to perform the services under this
Agreement, Customer agrees to promptly notify and inform BSA of such requirement, as well as to provide BSA
with the necessary paperwork and contact information so that BSA can obtain such license in a timely manner.
VIII-14
35. Nondiscrimination. BSA will not discriminate against any person employed, or applying for employment,
concerning the performance of BSA’s responsibilities under this Agreement. This discrimination prohibition will
apply to all matters of employment including hiring, tenure, and terms of employment, or otherwise with respect
to any matter directly or indirectly relating to employment concerning race, color, religion, national origin, age,
sex, sexual orientation, ancestry, disability that does not impact the individual’s ability to perform the duties of a
particular job or position, height, weight, marital status, or political affiliation. BSA will post, where appropriate, all
notices related to nondiscrimination as may be required by applicable law.
36. Taxes. Fees for SaaS Services, Professional Services, or any other fees shown in Schedule 1 to Exhibit A do not
include any taxes, including, without limitation, any sales, use or excise tax. Customer shall be responsible for all
taxes, exclusive of taxes on BSA’s net income, arising out of this Agreement. If Customer is not validly tax-exempt,
and BSA is required to remit taxes on customer’s behalf, Customer agrees to reimburse BSA for any taxes by BSA.
37. U.S. Government Rights. Each instance of the Documentation, Modifications and software that are constituents
of BSA Software Products is a “commercial item” as that term is defined at 48 C.F.R. § 2.101, consisting of
"commercial computer software" and "commercial computer software documentation" as such terms are used in
48 C.F.R. § 12.212. Any use, modification, reproduction release, performance, display or disclosure of the
Application by the U.S. Government shall be solely in accordance with the terms of this Agreement.
38. Export Control. Certain uses of the Software by Licensee may be subject to restrictions under United States
regulations relating to exports and ultimate end uses of computer software. Licensee agrees to fully comply with
all applicable United States laws and regulations, including but not limited to the Export Administration Act of
1979, as amended from time to time, the Arms Export Control Act, as amended from time to time, any regulations
promulgated thereunder to implement those statutes, and all sanctions programs administered by the U.S.
Government.
39. Contract Documents and Order of Precedence. The text of this Agreement without any Exhibits and Schedules
shall control over any inconsistent text in any of the Exhibits or Schedules. This Agreement includes the following
Exhibits and Schedules:
Exhibit A – Payment Terms Generally
Schedule 1 to Exhibit A – SaaS/Interface/Customization Fees
Schedule 2 to Exhibit A – Professional Service Fees
Exhibit B – Annual Service and Hosting Fees
Exhibit C – Support Call Process
[The remainder of this page is intentionally left blank]
VIII-14
IN WITNESS THEREOF, the Parties hereto have executed this Agreement as of the dates set forth below.
BSA SOFTWARE, INC. CUSTOMER
By: ______________________________ By: ___________________________
Name: ___________________________ Name: Mary Fasbender______
Title: ____________________________ Title: _Mayor, City of Hastings
Date: ____________________________ Date: __________________________
By: ____________________________
Name: _ Kelly Murtaugh______
Title: City Clerk, City of Hastings
Date: ___________________________
VIII-14
EXHIBIT A
Payment Terms
1. Customer shall pay BSA within thirty (30) days of invoice. Payments not received within fifteen (15) days of
the due date shall be subject to a one and one-half percent (1.5%) per month interest charge (or, if lower, the
highest amount chargeable at law) assessed against the unpaid balance from the date due until the date
payment is received
2. Any amount not subject to good faith dispute and not paid within fifteen (15) days of the due date of each
invoice shall, without prejudice to other rights and remedies, be subject to an interest charge equal to the
lesser of 1.5% monthly or the maximum interest charge permissible under applicable law, payable on demand.
Any charges not disputed by Customer in good faith will be deemed approved and accepted by Customer.
For purposes of this Agreement, a good faith dispute regarding amounts owed exists only if Customer provides
in writing at least ten (10) days prior to due date of payment on the invoice, notification of such dispute, the
specific portion of the invoice in dispute, and the specific grounds of the dispute (which must be asserted in
good faith), and Customer pays in timely fashion such portions that are not subject to such dispute.
3. BSA shall invoice Customer $76,910 upon Effective Date for BSA’s Project Management/Implementation
Planning Fees and Data Conversion fees as set forth in Schedule 2.
4. BSA shall invoice Customer $63,275 upon activation of Customer’s site for use of the BSA Software Product(s).
Such amount equals BSA’s SaaS Fees as set forth in Schedule 1.
5. BSA shall invoice Customer $95,230 at completion of On-Site Implementation and Training. Such amount
equals On-Site Implementation and Training costs, Customization and Interface costs, and travel expenses, as
set forth in Schedule 2.
VIII-14
Schedule 1 to Exhibit A
SaaS Fees
VIII-14
Schedule 2 to Exhibit A
Professional Services Fees
VIII-14
VIII-14
EXHIBIT B
Annual Service Fees
VIII-14
EXHIBIT C
Support Call Process
BSA’s standard hours for telephone support are from 8:30 a.m. to 6:00 p.m. (EST), Monday through Thursday, and
from 8:30 a.m. to 5:00 p.m. (EST), Fridays, excluding holidays.
Customer can lodge a support request in three ways: (i) Contact Customer Support option located within the Help
menu of all of BSA’s applications (ii) BSA’s toll-free support line (1-855-BSA-SOFT) or via email.
BSA targets less than thirty (30) minutes for initial response (“Initial Response Target”).
Customer service requests fall into four main categories:
A. Technical. Questions or usage issues relating to I.T. functionality, future hardware purchases, and
configuration. BSA tries to resolve these issues within BSA’s Initial Response Target or as soon thereafter as
reasonably possible.
B. Questions/Support. General questions regarding functionality, use, and set-up of the applications. BSA tries
to resolve these issues within BSA’s Initial Response Target or as soon thereafter as reasonably possible.
C. Requests. Customer requests for future enhancements to the applications. Key product management
personnel meet with development staff on a regular basis to discuss the desirability and priority of such
requests. BSA tries to resolve these issues within BSA’s Initial Response Target or as soon thereafter as
reasonably possible.
D. Issues/Bugs. Errors fall into three (3) subcategories:
i. Critical. Cases where an Error has rendered the application or a material component unusable or not
usable without substantial inconvenience causing material and detrimental consequences to business
-- with no viable Customer workaround or alternative. The targeted resolution time for critical issues is
less than one (1) business day.
ii. Moderate. Cases where an Error causes substantial inconvenience and added burden, but the
application is still usable by Customer. The targeted resolution time for all moderate issues is within
two (2) weeks, which is within BSA’s standard update cycle.
iii. Minimal. Cases that are mostly cosmetic in nature, and do not substantially impede functionality in
any significant way. These issues are assigned a priority level at BSA’s regular meetings, and resolution
times are based on the specified priority.
Remote Support Process
Some support calls may require further analysis of Customer’s database or set-up to diagnose a problem or to assist
Customer with a question. BSA’s remote support tools share Customer’s desktop via the Internet to provide Customer
with virtual on-site support. BSA’s support team is able to connect remotely to Customer’s desktop and view its setup,
diagnose problems, or assist Customer with screen navigation.
VIII-14
City Council Memorandum
To: Mayor Fasbender & City Council Members
From: Ryan Stempski – Public Works Director/City Engineer
Date: December 14, 2022
Item: Approve Final Payment – Hastings Public Works Storage Building
COUNCIL ACTION REQUESTED
Council is requested to adopt the attached resolution approving final payment to Ebert Construction on City
Project 2022-3, the Hastings Public Works Storage Building.
BACKGROUND INFORMATION
All project work was completed, including punch list items per the Contract Documents. The 1-Year Warranty
Period will extend to October 31, 2023.
FINANCIAL IMPACT
The original contract amount for the project was $1,310,400.00. There were 5 total change orders on the project
totaling $70,114.10 which resulted in a Final Total Construction Cost of $1,380,514.10. This final construction
cost is approximately 5.4% over the original contract amount, which is within construction industry standards.
Although the project did encounter some unknowns that put it over the construction contract amount, the total
project cost was just 1.5% over the 2022 budgeted amount.
STAFF RECOMMENDATION
Staff is recommending that the City Council adopt the attached resolution approving final payment for the
project.
ATTACHMENTS
Resolution accepting work and ordering final payment for Project 2022-3, the Hastings Public Works
Storage Building.
VIII-15
CITY OF HASTINGS
DAKOTA COUNTY, MINNESOTA
RESOLUTION NO.
RESOLUTION ACCEPTING WORK AND ORDERING FINAL PAYMENT
FOR PROJECT 2022-3, THE HASTINGS PUBLIC WORKS STORAGE BUILDING
WHEREAS, pursuant to a written contract signed with the City of Hastings on March 21, 2022, Ebert Construction
has satisfactorily completed City Project 2022-3, the Hastings Public Works Storage Building.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HASTINGS AS FOLLOWS; that the Clerk
and Mayor are hereby directed to issue a proper order for the final payment of $70,952.00 on the above said
project for such contracts, taking the contractor receipt in full.
ADOPTED BY THE CITY COUNCIL OF HASTINGS, MINNESOTA, THIS 19th DAY OF DECEMBER, 2022.
Ayes:
Nays:
Mary D. Fasbender, Mayor
ATTEST:
Kelly Murtaugh, City Clerk
SEAL
VIII-15
City Council Memorandum
To: Mayor Fasbender & City Councilmembers
From: Chris Eitemiller, Finance Manager
Date: December 19, 2022
Item: 2023 Budget Adoption Resolution
Council Action Requested:
Approve edit to the 2023 City Final Budget and Levy.
Background Information:
On December 5, 2022, the City Council adopted the 2023 City Property Tax Levy & Budget.
There were multiple locations where the total property tax levy was mentioned. In one instance,
the Preliminary levy which was adopted on September 6, 2022 was erroneously listed as
$17,473,405, rather than the intended total of $17,373,405.
This latter number is the correct total, both for the Preliminary and Final 2023 Levies. There was
no change from the Preliminary to Final Levies, and staff wants to make that clear.
Financial Impact:
N/A
Advisory Commission Discussion:
N/A
Council Committee Discussion:
N/A
Attachment:
• Resolution
VIII-16
CITY OF HASTINGS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 12 - - 22
A RESOLUTION TO EDIT THE RESOLUTION ADOPTING THE FINAL 2023 CITY
PROPERTY TAX LEVY AND FINAL BUDGET
WHEREAS, the City Council adopted the final 2023 budget and property tax levy on
December 5, 2022; and
WHEREAS, the resolution adopted on December 5, 2022, erroneously stated on
September 6, 2022 the City Council adopted a 2023 Preliminary Levy of $17,473,405; and
WHEREAS, the correct Preliminary Levy adopted was $17,373,405; and
WHEREAS, staff wishes to make clear the approved levy amounts at both stages of the
2023 budget process; and
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Hastings,
Minnesota that the proposed edit to the resolution adopting the Final Property Tax Levy of the
City of Hastings, and for the 2023 City Budget is hereby accepted.
Adopted this 19th day of December, 2022.
_____________________________
Mary D. Fasbender, Mayor
Attest:
_____________________________
Kelly Murtaugh, City Clerk
VIII-16
1
8151437v3
City Council Memorandum
To: Mayor Fasbender & City Councilmembers
From: Ashley Bertrand, Assistant Finance Manager
Date: December 19, 2022
Item: Approve Revised Hastings Access Corporation Operating Agreement
Council Action Requested:
Council is asked to approve the revised Hastings Access Corporation Operating Agreement.
Background Information:
The current operating agreement is outdated. The previous agreement stated the City entered into a Lease
Agreement with the school district. This Lease Agreement ended in 1990. Hastings Access Corporation
now has the Lease Agreement with the School District.
Also, the Operating Agreement that both HAC and the City had saved was a ‘marked up’ agreement, that
was hard to read, and follow. The Operating Agreement is now updated and accurately reflects the
relationship between Hastings Access Corporation, the School District, and the City.
Financial Impact:
Not applicable
Advisory Commission Discussion:
N/A
Council Committee Discussion:
N/A
Attachments:
Hastings Access Corporation Operating Agreement
VIII-17
2
8151437v3
OPERATING AGREEMENT
This Operating Agreement (“Agreement”) is made and entered into this day of
, 2022 by and between the City of Hastings, Minnesota, a municipal
corporation (“City”) and the Hastings Cable Community Access Corporation, Inc., a Minnesota
non-profit corporation (“HAC”) (each individually a “Party” and collectively referred to as the
“Parties”)
Recitals:
A. The City incorporated HAC to produce, promote and manage the production of community
cable television programming to be cablecast on the cable communications system
established pursuant to the City’s cable franchise ordinance held by Comcast (“Comcast
Franchise”).
B. The City desires HAC to produce, promote and manage the production of community cable
television programming, subject to the City’s direction and control.
C. HAC is willing and able to fulfill the City’s obligations to produce, promote and manage
the production of community cable television programming that serves the City through
informative and entertaining local productions.
Agreements:
A. In consideration of the foregoing recitals and of the mutual agreements set forth herein, the
Parties agree as follows:
1. Operation and Management: HAC agrees to provide, on behalf of the City and
subject to the City’s direction and control, services to the residents of the City, including,
without limitation, the following:
a. To produce local programming of community events and activities and to
originate programs that will promote the City;
b. To serve as a resource center for information, materials, and equipment
relating to the use of video as a communication medium;
c. To serve as a receiving, holding, and disbursing entity for monies intended
to promote non-commercial citizen use of the video medium; and
d. To cooperate, within the constraints of available resources and existing
policy, with other access organizations in the community and the region toward the
improvement in quantity and quality of all access programming.
VIII-17
3
8151437v3
2. Staffing: HAC agrees to retain and maintain such qualified personnel, both paid
and volunteer, as are necessary to perform the services HAC is obligated to provide under
this Agreement.
3. Funding for HAC: Under the Comcast Franchise, Comcast has agreed to remit to
the City a monthly pass-through payment of $1.25 per cable subscriber, per month to
support public, educational and government programming capital expenses (“ PEG Fee”)
as well as a fee equal to five percent (5%) of Comcast’ gross cable revenues (“Franchise
Fee”). The City has budgeted the PEG Fee and ninety-five percent (95%) of the Franchise
Fee to fund HAC. The City shall distribute funds to HAC on a quarterly basis.
4. Records and Reports: During the term of this Agreement and for as long as the
City may request hereafter, HAC shall keep accurate and complete records of all of its
financial transactions. HAC shall provide to the City, within ninety (90) days of the end
of each year, a complete written financial report of its operations during the year just ended.
HAC shall maintain its books and records in a manner consistent with generally accepted
accounting principles and shall, if required, file complete and accurate federal and state tax
returns. Pursuant to the provisions of Minnesota Statutes, Chapter 6, the books records,
documents, and accounting procedures and practices of HAC relevant to this Agreement
shall be subject to examination by the City and either the legislative or state auditor if
applicable and as appropriate.
5. Objective and Operations: Within ninety (90) days of HAC’s execution of this
Agreement, HAC shall provide to the City a statement of its objectives and plan of
operation for fulfilling its obligations under this Agreement. Within ninety (90) days of
the end of the term of this Agreement (and of each renewal term), HAC shall provide the
City with a full report of its operational activities and capital purchases for the term just
ended.
6. Insurance: HAC shall obtain and maintain workers’ compensation insurance for
its employees as required by Minnesota law. HAC shall, at the City’s request, provide the
City with evidence of the insurance coverage required under this Section 6. HAC shall
obtain and maintain general liability and property insurance for its operations as well as
equipment utilized in its operation. The City shall be named as an additional insured on
said insurance coverage.
7. Term: The term of the Agreement shall commence as of the date first written above
and end when one Party invokes the termination clause in Section 10 of this Agreement.
8. Resolution of Disputes: All claims or disputes arising out of, or relating to, this
Agreement shall be referred to the City Administrator and the Board Chair of HAC. In the
event the City Administrator and HAC Board Chair cannot resolve such claims or disputes,
the matter shall be submitted to an impartial three-member panel consisting of one member
designated by the City Administrator, one member designated by the HAC Board Chair,
and the third member selected by the first two members.
VIII-17
4
8151437v3
9. Data Practices: The Parties must comply with the Minnesota Government Data
Practices Act (Minnesota Statutes, Chapter 13), as it applies to any data received, collected,
stored, or disseminated by a Party to this Agreement or the work performed under it. The
Act provides for civil liability for failure to comply with its requirements.
10. Termination: Either Party may terminate this Agreement upon sixty (60) days
written notice to the other. Upon termination of this Agreement for any reason, HAC shall
return to the City all funds advanced to it by the City which had not been committed by
HAC. Final determination of such uncommitted amounts shall be made by the City Auditor
and HAC. Also, upon termination of this Agreement for any reason, any assets previously
owned by HAC will become property of the City’s.
11. This Agreement does not make either Party the employee, agent or legal
representative of the other Party for any purpose whatsoever. Neither Party is granted
any right or authority to assume or to create any obligation or responsibility, express or
implied, on behalf of, or in the name of, the other Party except as expressly set forth
herein.
12. Notices may be sent via email and shall be effective on the second (2nd) business
day after receipt. Email should be sent to City Administrator and HAC Board Chair.
13. If any of the terms of this Agreement are in conflict with any rule of law or
statutory provisions or are otherwise unenforceable under applicable laws or regulations,
such terms will be deemed stricken from this Agreement, but such invalidity or
unenforceability will not invalidate any of the other terms of this Agreement and this
Agreement will continue in force, unless the invalid or unenforceable provisions
compromise an integral part of, or are otherwise inseparable from, the remainder of this
Agreement.
14. This Agreement will be governed by and interpreted and construed in accordance
with the laws of the State of Minnesota.
15. The Parties hereto acknowledge and agree that they have participated in the
drafting of this Agreement and that in the event of dispute regarding the meaning or
intent of its provisions, no presumption shall arise in favor of or against any Party hereto.
16. This Agreement shall be binding upon and inure to the benefit of the successors
and permitted assigns of the Parties hereto. No Party may assign its rights or delegate its
duties hereunder without the express written consent of the opposite Party hereto.
17. This Agreement may be executed in counterparts, each of which is deemed an
original, but all of which together are deemed to be one and the same agreement. A
signed copy of this Agreement delivered by e-mail or other means of electronic
transmission is deemed to have the same legal effect as delivery of an original signed
copy of this Agreement.
18. Amendments: No amendments to this Agreement shall be valid or binding unless
made in writing and signed by the Parties hereto.
VIII-17
5
8151437v3
The Parties caused this Agreement to be executed by the undersigned duly authorized persons.
CITY OF HASTINGS; HASTINGS CABLE COMMUNITY
ACCESS CORPORATION;
A Minnesota Municipal Corporation A Minnesota Corporation
By: By:
Its Mayor Its Board Chair
By:
Its City Administrator
VIII-17
City Council Memorandum
To: Mayor Fasbender & City Councilmembers
From: City Administrator Dan Wietecha
Date: December 19, 2022
Item: Residential Solid Waste and Recycling Contract
Council Action Requested:
Approve residential solid waste/recycling rate increases, including compost program.
Background Information:
Following a 2018 RFP, the City entered a three-year contract (2019-2021) with Tennis Sanitation for
residential solid waste and recycling collection. The contract includes a provision allowing up to two
additional three-year extensions (2022-2024 and 2025-2027). In November 2021, the City Council
approved the first extension (2022-2024). At that time, Tennis did not propose a rate increase for 2022,
but indicated it anticipated an increase in 2023 based on preliminary information from the Red Wing
landfill. The extension says that Tennis will submit rates for by September 1, 2022.
Their proposed rate increases were submitted in November. Based on increased tipping fees at Red Wing,
increasing fuel and operation costs, and decline in recycling markets, Tennis proposes an increase of
$1/month ($3/quarter) plus tax to each household. Additionally, they propose a $10 annual increase for
the compost program, a $1 per bag increase for “per bag” compost service, and no increase in the yard
waste drop-off site.
The last increase was $1.50/month in 2021.
Financial Impact:
n.a.
Committee Discussion:
n.a.
Attachment:
n.a.
VIII-18
City Council Memorandum
To: Mayor Fasbender & City Councilmembers
From: City Administrator Dan Wietecha
Date: December 19, 2022
Item: Hastings Marina Lease 2023-2027
Council Action Requested:
Approve Boat Harbor Lease Agreement with Hastings Marina, Inc. for January 1, 2023 through
December 31, 2027.
Background Information:
The City owns 6 parcels on Clay and E. 1st Streets. These parcels, along with land owned by the Plan
Family, comprise the Hastings Marina. The Plans have had a series of 5-year leases for the City parcels
for several decades. The current 5-year lease expires December 2022.
The recommended contract specifies the annual amount of rent for each year with 4% increases each year
(consistent with the average over the last 5-year term). The recommended contract also cleans up what
had been a series of amendments over the years into a new single contract.
Financial Impact:
Revenues:
2023 $14,523
2024 $15,104
2025 $15,708
2026 $16,336
2027 $16,990
Committee Discussion:
n.a.
Attachment:
Boat Harbor Lease Agreement
VIII-19
1
BOAT HARBOR LEASE AGREEMENT
This Boat Harbor Lease Agreement (“Agreement”) is made and executed this _____ day
of ______________, 2022, by and between the City of Hastings, 101 4th Street East, Hastings,
Minnesota 55033, a Minnesota municipal corporation, hereafter (“City”), Lessor; and James Plan,
Candice A. Plan, and Hastings Marina, Inc., 1111 1st Street East, Hastings, Minnesota 55033, a
Minnesota corporation, hereafter collectively (“Plans”), Lessees.
RECITALS
WHEREAS, the City, in consideration of the rents and covenants of this Agreement, does
hereby lease to the Plans and the Plans do hereby lease from the City, the following described real
property and all fixtures and improvements thereon in the City of Hastings, Dakota County,
Minnesota, for use as a small boat harbor:
Commencing at the Northwest corner of Lot One (1), Block One Hundred (100), Town of
Hastings, then South to the South line of First Street; thence East Thirty-three feet (33’);
thence Southeast to a point on the East line of Lot One (1), Block One Hundred Thirteen
(113), Seventy-five feet (75’) South of the Northeast corner thereof; thence South to the
North line of Second Street; thence East to the East line of Clay Street; thence South to the
South line of Second Street, thence Ease to the Vermillion River, thence North and West
along the Vermillion River and Mississippi River to the place of the beginning (the
“Premises”);
WHEREAS, the Plans agree to lease the property described above and all fixtures and
improvements thereon in its current condition, without liability or obligation on the part of the City
to make alterations, improvements, repairs or dredging of the marina or channel, except as
provided herein, and 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. TERM. The term of this Agreement shall be for a period of five (5) years and shall begin on
January 1, 2023, and shall continue through December 31, 2027 (“Initial Term”), subject to
the rights of the City and the Plans to terminate the Agreement as provided herein. The City
grants the Plans an option to renew this Agreement for one additional five-year (5) term upon
the expiration of the Initial Term of this Agreement. Any such renewal shall be upon the same
terms and conditions contained in this Agreement, except the City reserves the right to
renegotiate the rent provisions, which shall be memorialized in a written amendment to this
Agreement. In order to exercise the renewal option, the Plans must notify the City in writing
of their intention to renew this Agreement and must provide such notification no later than six
(6) months prior to the termination of the Initial Term of this Agreement. Immediately
thereafter, the City and the Plans shall enter into negotiations regarding the rent to be paid to
the City during the second five-year (5) term. If no agreement is reached prior to the
termination of the Initial Term, this Agreement shall terminate.
VIII-19
2
2. TERMINATION AND REMEDIES.
A. Termination by Either Party. This Agreement may be terminated by either party upon
thirty (30) days’ written notice delivered to the other party to the addresses listed in
Section 22 of this Agreement. Upon termination under this provision, if there is no
default by the City, the Plans shall be responsible for paying rent to the City on a
prorated basis through 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
thirty (30) calendar days from the date of the termination notice to cure or to submit a
plan to cure that is acceptable to the other party.
C. Remedies.
i. Notwithstanding the above, the Plans shall not be relieved of liability to the City
for damages sustained by the City as a result of any breach of this Agreement
by the Plans.
ii. Should the Plans, together or individually, be deemed by a court of competent
jurisdiction to be insolvent, subject to the laws relating to bankruptcy, during
the term of this Agreement, the occurrence of any such event shall be deemed
a breach of this Agreement and the Plans shall then surrender the premises but
shall remain liable for the Premises pursuant to this Agreement.
iii. In the event of the death or incapacity of all James Plan, Candice A. Plan, or
the dissolution of Hastings Marina, Inc., the City shall have the right to
terminate this Agreement by delivering written notice of termination to the
Plans. Subject to the applicable bankruptcy laws, neither this Agreement nor
any interest therein shall pass to any trustee in bankruptcy, insolvency or
reorganization proceedings, creditors through attachment, execution or
otherwise, or assignees for benefit for creditors, whether voluntary, involuntary
or by operation of law.
iv. The rights or remedies provided for herein shall not limit the City, in case of
any default to the Plans, from asserting any right or remedy allowed by law,
equity, or by statute.
3. RENT.
A. The Plans shall pay annually to the City a fixed base rent (“Rent”) for each of the lease
years during the term of this Agreement as follows:
VIII-19
3
January 1, 2023 to December 31, 2023 $14,523.00
January 1, 2024 to December 31, 2024 $15,104.00
January 1, 2025 to December 31, 2025 $15,708.00
January 1, 2026 to December 31, 2026 $16,336.00
January 1, 2027 to December 31, 2027 $16,990.00
B. The fixed base rent for each of the lease years as specified in this section shall be paid
annually to the City in full, due and payable no later than March 31st of each lease year.
Each rent payment due to the City shall be mailed by the Plans to the address listed for
the City in Section 22 of this Agreement.
C. If the Plans default in any payment of rent, or if the Plans shall make default in the
payment of any item or any charge required to be paid by the Plans hereunder, or if this
Agreement shall terminate by reason of the Plans’ insolvency, the City may
immediately terminate this Lease and/or re-enter the Premises and remove all persons
or any property therefrom, and repossess the Premises without such re-entry and
repossession working a forfeiture or waiver of the rents to be paid and the covenants to
be performed by the Plans during the term of this Agreement.
D. No payment by the Plans or receipt by the City of a lesser amount than the amount then
due under this Agreement shall be deemed to be other than on account of the earliest
portion thereof due, nor shall any endorsement or statement on any check or any letter
accompanying any check or payment be deemed an accord and satisfaction, and the
City may accept such check or payment without prejudice to the City’s right to recover
the balance due or to pursue any other remedy as provided in this Agreement.
4. USE. The Plans shall use the Premises only to operate a small boat harbor and for no other
purpose without the prior written consent of the City. The Plans agree to occupy the Premises
at all times during the term of this Agreement, to operate continuously the entire Premises as
a small boat harbor, and to conduct its business on the Premises at all times in good faith and
in a high grade and reputable manner. The Plans shall promptly comply with all laws,
ordinances, orders, and regulations affecting the Premises or their business therein and any
applicable insurance company requirements affecting the cleanliness, safety, use and
occupation of the Premises. The Plans shall only allow storage of boats and vehicles on the
Premises that are in working order or which are being actively repaired. The Plans shall keep
the Premises clean and free from rubbish and abandoned personal property at all times.
5. ASSIGNMENT. Except as expressly authorized in this section, the Plans shall not assign or
in any manner transfer any of its rights or obligations under this Agreement or sublet the
Premises or any part thereof. The Plans may lease or grant license rights for individual boat
slips to end users of those boat slips.
6. SURRENDER OF PREMISES. At the expiration of the term of this Agreement or upon
termination of the Agreement as provided herein, the Plans shall quietly yield and surrender
possession of the Premises to the City in as good of condition and repair as when the Plans
took possession of it, with the exception of reasonable wear and tear. The Plans shall have the
VIII-19
4
right to remove all their personal property from the Premises within one hundred and twenty
(120) days after the effective date of termination of this Lease, provided that the Plans repair
any damage and restore any areas disturbed as a result of the removal of their personal property.
The Plans shall indemnify the City against all loss and liability resulting from delay by the
Plans in surrendering the Premises and from removal of their personal property from the
Premises.
7. CLAY STREET. The City agrees to maintain the grade on Clay Street as it approaches the
boat ramp on the Premises. The City further agrees to maintain the present parking facilities
on and adjacent to Clay Street, adjacent to the Premises, and the blacktop approach ramp on
the Premises.
8. HARBOR FACILITIES. The Plans agree to do the following:
A. Maintain adequate toilet facilities for the use of patrons on the Premises;
B. Comply with all applicable state and federal laws and regulations, including, but not
limited to, fire codes, safety codes, employment safety laws, environmental laws and
regulations which are now in effect and which may come into effect during the term of
this Agreement;
C. Install and maintain adequate boat docks and slips for rental to owners of small boats;
D. Maintain adequate lighting facilities on the docks and boat slips;
E. Maintain proper facilities for loading, unloading and launching boats;
F. Complete all necessary cleanup and remediation of any hazardous material spills
according to federal, state, county and local standards now in place, and as may be
amended from time to time;
G. Comply with the Americans with Disabilities Act as it may apply to the Premises and
the small boat harbor operated by the Plans; and
H. Keep all docks, slips and other harbor facilities in good repair and condition.
9. IMPROVEMENTS AND GOVERNMENT APPROVALS. Except as expressly authorized
herein, the Plans shall not make improvements or alterations to the Premises without the prior
written consent of the City. Prior to undertaking any improvements or alterations to the
Premises, and before applying for any approvals from the applicable governmental entities
having jurisdiction over the Premises or the proposed improvements or alterations, the Plans
shall provide a written request to the City describing in detail the proposed improvements or
alterations and containing all survey and engineering certifications reasonably necessary for
the City to make a decision whether to grant or withhold consent to the proposed improvements
or alterations. The decision whether to grant or withhold consent to any proposed
improvements or alterations shall be within the sole discretion of the City and the City may
VIII-19
5
condition its consent upon the Plans obtaining written approval from other governmental
entities. The Plans agree that in the event they wish to construct improvements or undertake
alterations that require the approval of any governing body, including but not limited to the
U.S. Army Corps of Engineers, the Minnesota Department of Natural Resources, Dakota
County, or the City of Hastings, the Plans shall, at their sole cost and expense, apply for and
receive all required written approvals prior to the time they order or begin constructing the
improvements or alterations on the Premises. The Plans shall provide proof of all such
approvals to the City and in the event any such governmental entity denies an application of
the Plans to undertake improvements or alterations to the Premises, the Plans shall also
immediately provide notice of the denial to the City. Nothing herein shall act as a waiver or
pre-approval of any application to undertake any improvement or alteration of the Premises
which requires approval of the City of Hastings as a governing body having zoning or
regulatory control over the Premises. The Plans shall not be obligated to obtain prior written
consent from the City to undertake improvements or alterations to the Premises to the extent
the proposed improvements do not require approval of any governmental entity and the project
cost in any calendar year does not exceed $10,000 in totality. All signage on the Premises must
comply with all applicable laws and regulations including municipal sign and zoning
regulations.
10. INSURANCE. During the term of this Agreement, the Plans shall, at their expense, maintain
in full force and effect the following insurance:
A. General Liability Insurance, with a limit of Two Million Dollars ($2,000,000.00) for
any number of claims arising out of a single occurrence.
B. Workers’ Compensation Insurance in accordance with statutory requirements.
C. Automobile Liability Insurance, with a combined single limit of One Million Dollars
($1,000,000.00) for each person and One Million Dollars ($1,000,000.00) for each
accident.
D. Pollution Liability Insurance, with a limit of Two Million Dollars ($2,000,000.00) for
any number of claims arising out of a single occurrence. The coverage afforded under
the pollution liability insurance policy must cover losses caused by gradual leakage as
well as sudden and accidental causes. The amount of pollution liability insurance shall
be increased by the Plans if the City, in its sole discretion, deems it reasonably
necessary during the term of this Agreement.
The City must be named as additional insured on all required insurance policies. The Plans
further agree to provide certificates of insurance to the City demonstrating that the required
insurance coverage is in full force and effect for the entire term of this Agreement and showing
the City as an additional insured. Certificates of insurance must be provided at the initial
signing of this Agreement, annually on January 1st of each lease year thereafter, and at other
times as may be requested by the City. The insurance required by this paragraph shall be placed
with a company licensed to do business and in good standing in the State of Minnesota.
VIII-19
6
11. DREDGING. No dredging shall be completed unless and until the Plans have acquired all
necessary governmental approvals for the dredging, including from the U.S. Army Corps of
Engineers and the Minnesota Department of Natural Resources. The City agrees to reasonably
cooperate with the efforts and applications of the Plans to obtain all governmental approvals
necessary for the Plans to undertake dredging of the boat harbor or channel, provided that the
City shall not be obligated to incur costs or expend significant staff time or resources to assist
the Plans with such efforts and applications. The City shall not be responsible for any costs
associated with any approved dredging of the boat harbor or channel. All dredging shall be
undertaken at the sole expense of the Plans.
12. EQUAL OPPORTUNITY. The Plans agree not to discriminate against persons wanting to
use the boat harbor facility on the basis of age, race, color, creed, religion, national origin, sex,
marital status, status within regard to public assistance, disability, sexual orientation or familial
status.
13. TAXES. The Plans shall be responsible for all taxes assessed and associated with the Premises,
whether now in effect or which may be imposed in the future during the term of this
Agreement. This includes, but is not limited to, any real estate taxes, payment in lieu of taxes
and personal property taxes.
14. HAZARDOUS MATERIALS.
A. As used in this section, the phrase “hazardous substance(s)” shall mean any substance,
the presence of which requires an investigation or remediation under any environmental
law or common law, any dangerous, toxic, corrosive, flammable, infectious,
radioactive, or other hazardous pollutants, petroleum products, solvents, chemical,
wastes or substances which are regulated by any environmental or other applicable
laws.
B. The Plans agree to pay, protect, indemnify, save and hold harmless the City, its agents,
employees, successors and assigns from and against any and all liabilities, losses,
damages, penalties, costs of action, suits, claims, demands or judgments, to the extent
caused by the deposit, storage, disposal, burial, dumping, injecting, spilling, leaking,
or the placement or release of a hazardous substance in or on the Premises, by the Plans
or its agents, employees, lessees, licensees, or successors. The obligations of the Plans
under this section shall survive any termination of this Agreement.
C. The Plans will use the Premises in compliance with any local, state or federal zoning,
environmental or hazardous waste laws or other environmental laws or regulations
during the term of this Agreement. The Plans shall dispose of any cleaning materials,
including rags, cloths, liquids, gases, oil, or chemical compounds off the Premises
promptly after use, in compliance with all applicable statutes, rules and regulations.
D. The Plans will comply with any periodic reporting requirements concerning the use,
storage, disposal or transportation of any toxic or hazardous substances including, but
not limited to, any reporting requirements relating to any storage tanks located on the
VIII-19
7
Premises. If required, the Plans shall file reports on any such activities with the
appropriate federal, state or local authority. If, at any time during the term of this
Agreement any local, state or federal authority should request a report on any toxic or
hazardous substances the Plans have stored, used or disposed of on or from the
Premises, the Plans will either cause said report to be made as soon as practicable at its
own cost and expense or if not made within thirty (30) days of the City’s request for
the same, will reimburse the City, as additional rent, for the City’s cost of obtaining
said report.
E. At the expiration or termination of this Agreement, the Plans shall remove any tanks
for storage of any toxic or hazardous substances installed by the Plans in compliance
with all applicable statutes, rules and regulations.
15. UTILITIES. Electricity, gas, and water will be furnished to the Premises by the applicable
utility companies. It shall be the Plans’ responsibility to pay for all the utilities servicing the
Premises. All utilities shall be directly billed to the Plans by the provider of each such utility
or service. The City shall not be liable in damages or otherwise if the furnishing by any supplier
of any utility or other service to the Premises shall be interrupted or impaired for any reason.
16. INDEMNITY.
A. The Plans agree to defend, indemnify and hold harmless the City from and against any
and all claims, damages, demands, costs and expenses, including, without limitation,
attorney’s fees, arising from: (1) the Plan’s use of the Premises; (2) any breach or
default by the Plans in the performance of any covenant under this Agreement; (3) any
injury to a person or damage to property occurring in or around the Premises, or (4)
any negligent act, error or omission of the Plans, its agents, contractors, servants,
employees, sublessees, concessionaires or licensees, in or around the Premises.
B. The City shall not be liable and the Plans waive and release the City, its employees,
public officials, agents, and contractors, from all claims, liabilities and causes of action
against the City, its employees, public officials, agents and contractors for all damage,
injury to or loss or destruction of person(s) or property, including, without limitation,
all improvements, fixtures, equipment, supplies and merchandise on the Premises,
sustained by the Plans or the Plan’s employees, agents, lessees, licensees, and servants
resulting from any accidents or occurrences on or around the Premises and from any
equipment located on or around the Premises or appurtenances thereto.
C. In the event claims, losses, damages, or expenses are caused by the joint or concurrent
negligence of the City and the Plans, they shall be borne by each party in proportion to
its own negligence.
D. In the event that one or more individuals, corporations, partnerships or other entities,
or any combination of two or more thereof, shall sign this Agreement as the Plans, the
liability of each such individual, corporation, partnership or other entity to perform all
obligations hereunder shall be joint and several. In like manner, in the event that the
VIII-19
8
Plans named in this Agreement shall be a partnership or other business association, the
members of which are, by virtue of state, or general law, subject to personal liability,
then in that event, the liability of each such member shall be deemed to be joint and
several.
17. EMINENT DOMAIN. In the event all or any material portion of the Premises is taken by
condemnation, the Parties may terminate this Agreement by written notice to the other party,
whereupon the City and the Plans shall, subject to the provisions hereof, be released and
discharged of all duties and obligations hereunder. Such written termination notice shall be
made within fifteen (15) days after title to the part of the Premises taken rests in the
condemning authority. In the event a nonmaterial portion of the Premises is taken by
condemnation; the Agreement shall not terminate and shall continue in full force and effect.
All damages or compensation awarded or provided as a result of any condemnation shall
belong to the City. Nothing herein shall preclude the Plans from pursuing any claim for
relocation expenses or damages as may be recoverable by the Plans.
18. ACCESS TO PREMISES. The City shall have the right to enter upon the Premises during all
business hours for the purpose of inspecting the Premises, or for the purpose of exhibiting the
same to prospective purchasers or others; provided, however, that any entries shall be made in
such a manner so as not to unreasonably interfere with the Plans’ operations on the Premises.
The City shall not be liable to the Plans in any manner for any expense, loss or damage by
reason thereof, nor shall the exercise of such right be deemed an eviction or disturbance of the
Plans’ use or possession of the Premises.
19. DELAY IN PERFORMANCE. Neither City nor the Plans 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 the Plans 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.
20. CITY’S REPRESENTATIVE. The City has designated Dan Wietecha to act as the City’s
representative with respect to 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 subject matter of this Agreement.
21. PLAN’S REPRESENTATIVE. The Plans have designated James Plan and Candice A. Plan
to be the primary contacts for the City for this Agreement. They shall be assisted by other staff
members as necessary to facilitate the boat launch services provided on the Premises pursuant
VIII-19
9
to this Agreement. If the Plans desire to remove or replace these individuals as their
representatives pursuant to this Agreement, they must notify the City.
22. NOTICES. When notice is required under this Agreement, such notice shall be communicated
in writing and shall be deemed sufficient when such notice is legally served upon the other
Party or when sent by registered or certified mail, return receipt requested, postage prepaid, to
the address listed in this section for each party:
IF TO THE CITY: IF TO THE PLANS:
City of Hastings Hastings Marina, Inc.
Attn: City Administrator 1111 1st Street East
101 E. 4th Street Hastings, MN 55033
Hastings, MN 55033
23. GENERAL PROVISIONS.
A. Independent Contractor Status. Nothing contained herein shall be deemed or construed
by anyone as creating the relationship of principal and agent or of partnership or join
venture between the parties hereto. All services provided by the Plans, its officers,
agents and employees pursuant to this Agreement shall be provided as employees of
the Plans or as independent contractors of the Plans and not as employees of the City
for any purpose.
B. City Code Compliance. The Plans shall comply with all code enforcement and property
maintenance requirements established by the City. If found in violation of any code
enforcement or property maintenance requirements, any deficiencies shall be remedied
with a reasonable timeframe.
C. Headings. The headings of the sections contained herein are for convenience only and
do not define, limit or construe the contents of such sections.
D. Amendments. All negotiations, considerations, representations and understandings
between the parties are incorporated herein, and may only be modified or altered by
written agreement signed by both parties.
E. Recording. The Plans shall not record this Lease without the written consent of the
City.
F. Severability. If any term or provision of this Agreement shall be found to be void or
invalid, such invalidity shall not affect the remaining terms of this Agreement, which
shall continue in full force and effect.
G. Governing Law. The laws of the State of Minnesota shall govern the validity,
performance and enforcement of this Agreement. Any actions brought by the City or
the Plans to enforce the terms of this Agreement shall be venued in Dakota County
District Court.
VIII-19
10
H. Data Practices Compliance. The City and the Plans must comply with the Minnesota
Government Data Practices Act, Minnesota Statute Chapter 13, as it applies to all data
provided by the City under this Agreement. The civil remedies of Minnesota Statute §
13.08 apply to the release of data referred to in this subdivision by either the City or
the Plans. If the Plans receive a request to release data referred to in this subdivision,
the Plans must immediately notify the City. The City will give the Plans instructions
concerning the release of the data to the requesting party before the data is released.
I. Audit. Under Minnesota Statute § 16.C.05, subd. 5, the Plan’s books, records,
documents, and accounting procedures and practices relative to this Agreement are
subject to examination by the State of Minnesota and/or the Minnesota State Auditor
or Legislative Auditor, as appropriate for a total of six (6) years.
J. Waiver. A waiver by either City or Plans 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.
K. 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.
[The remainder of this page is intentionally left blank]
VIII-19
11
IN TESTIMONY WHEREOF, both parties have hereunto set their hands the day and year first
above written.
CITY OF HASTINGS
_____________________________
Mary Fasbender, Mayor
_____________________________
Kelly Murtaugh, City Clerk
STATE OF MINNESOTA )
) ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this ___ day of ______________, 2022,
by Mary Fasbender and Kelly Murtaugh, the Mayor and City Clerk of the City of Hastings,
Minnesota, a Minnesota Municipal Corporation.
____________________________________
Notary Public
VIII-19
12
_____________________________
James Plan
_____________________________
Candice A. Plan
HASTINGS MARINA, INC., A MINNESOTA CORPORATION
_____________________________
By: __________________________
Its: __________________________
STATE OF MINNESOTA )
) ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this ___ day of ______________, 2022,
by James Plan, a (married, single) person.
______________________________
Notary Public
VIII-19
13
STATE OF MINNESOTA )
) ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this ___ day of ______________, 2022,
by Candice A. Plan a (married, single) person.
______________________________
Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this ___ day of ______________, 2022,
by ___________________________ as ______________________ of Hastings Marina, Inc. a
Minnesota Corporation, on behalf of the Corporation.
______________________________
Notary Public
VIII-19
City Council Memorandum
To: Mayor Fasbender & City Councilmembers
From: Chris Jenkins, Parks & Recreation Director
Date: December 19, 2022
Item: Budget Adjustment – Vehicle Replacements
Council Action Requested: Approve budget adjustment for extra funds
required to purchase 2 pickup trucks for the Parks & Recreation Department
and 2 pickup trucks for the Public Works Department.
Background Information: The 2022 approved budget included $75,000.00
for the Parks & Recreation Department to replace 2 pickup trucks and
$60,000.00 to replace 2 pickup trucks for the Public Works Department. The
budget requests were based on quotes provided in mid-2021. Pickups were
ordered from the dealers in October of 2021 with Council pre-authorization.
Due to shortages in microchips, high demand for vehicles of all sorts, and
other supply chain challenges, these pickups were never delivered through
the dealer.
Staff began to investigate options to acquire replacement vehicles and
contacted Enterprise Fleet Management, who the City currently works with
to lease multiple vehicles. At that time, Enterprise had an order of pickup
trucks being delivered, and those pickups fit our needs well although they
were not exactly what we had ordered previously.
Two pickups were allocated to the Parks & Recreation Department and two
pickups were allocated to the Public Works Department. These are all 1-
Ton, 4-wheel drive, extended cab pickup trucks. One for P&R will be fitted
with a snow plow. The state bid cost was more expensive than originally
budgeted, however no other acquisition option was better than this
opportunity.
These pickups are currently leased for 48 months; however, the City has an
option to buy out the leases at the end of 12 months. The finances below
are based on the 12-month buyout scenario.
Staff request approval of this budget adjustment to fully fund the acquisition
of 4 pickup trucks, one with a snow plow.
Financial Impact:
Parks:
Original budget: $75,000.00
Total Cost: $92,439.30 (includes purchase and installation of snow plow)
Budget Adjustment needed: $17,439.30 ($8,883.30 trucks + $8,556 plow)
VIII-20
Public Works:
Original Budget: $60,000.00
Total Cost: $82,027.62
Revenue from sale of old pickups: $9,525.00
Budget Adjustment needed: $12,502.62
Grand total budget adjustment: $29,941.92
Fund balance from the respective funds will be utilized for this budget
adjustment.
Advisory Commission Discussion: None
Council Committee Discussion: None
Attachments: None
VIII-20
City Council Memorandum
To: Mayor Fasbender & City Councilmembers
From: City Administrator Dan Wietecha
Date: December 19, 2022
Item: Budget Amendment – Backup Hot Water Feed Pump
Council Action Requested:
Approve 2022 Budget amendment of $14,077 for a backup hot water feed pump at the Police Station.
Background Information:
In August, the City Council approved a number of budget amendments to address preventive and deferred
maintenance work in several City buildings. In November, an additional project was discovered and is
recommended now.
At present, there is a single hot water feed pump for the air handling unit heating coil at the Police
Station. If it fails (as it did in November), there is no heat in the Police Station. A critical system such as
this will typically have a backup unit.
We have received 2 quotes for installation of a backup pump, plus the necessary wiring and installation of
pump controls. The low bid is with Total Mechanical for $11,627 pump installation and $2,450 controls
for a total of $14,077.
Financial Impact:
$14,077 from fund balance
Committee Discussion:
n.a.
Attachment:
n.a.
VIII-21
City Council Memorandum
To: Mayor Fasbender & City Councilmembers
From: City Administrator Dan Wietecha
Date: December 19, 2022
Item: Rural Fire Association MOU
Council Action Requested:
Approve MOU for continued Fire and Ambulance Service to the Hastings Rural Fire Association
Background Information:
The City of Hastings has had a long-standing contract relationship to provide fire and ambulance service in the City
of Vermillion and Ravenna, Marshan, Nininger, Denmark, and Vermillion Townships. The current contract (2021-
2022) expires December 31, 2022.
Negotiating a renewal contract has been limited with several cancelled meetings. To date, progress in negotiations
has been 1) a general acknowledgement that costs are increasing significantly due to capital expenses and additional
staffing, 2) a conceptual split of the expenses on a 72/28 basis, and 3) an interest in reviewing the budgeting for
capital expenses to spread some of the cost increase over time.
Initially we intended to bring a 3-month MOU to have additional time to complete negotiations for a multi-year
contract. During drafting and review of the MOU, the Rural Fire Association indicated the need to ensure continued
service through the rest of the year even if a multi-year contract might not be achieved during the next 3 months.
The proposed MOU would enable the 3 months of negotiations and a service extension through December 2023 if
necessary.
In the MOU, I’ve proposed increasing the contract amount of from $46K to $58K per month. This is less than the
$83K per month that would be due on 28% (RFA’s share of the split) of the budget, because of the potential to
spread some capital costs over time as well as the City Council’s indication of its willingness to phase in an increase.
At time of assembling City Council agenda and packet materials, RFA has not responded to the proposed contract
amount.
Financial Impact:
$57,833.33 per month
Committee Discussion:
City Council workshop 10/3/2022 provided overview of finances. City Council indicated willingness to consider
phasing in an increase in the contract amount.
Attachment:
Memorandum of Understanding between City of Hastings and Hastings Rural Fire Association Regarding the
Continuation of Fire and Ambulance Services
VIII-22
HA620-1-843163.v2
MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF HASTINGS AND
HASTINGS RURAL FIRE ASSOCIATION REGARDING THE CONTINUATION OF
FIRE AND AMBULANCE SERVICES
This Memorandum of Understanding (“MOU”) is entered into by and between the City
of Hastings (“City”), a Minnesota municipal corporation, and the Hastings Rural Fire
Association (“Association”), a Minnesota joint powers entity, to provide for the continuation of
fire and ambulance services to the service area of the Association while negotiations on a new
contract continue.
RECITALS
A. The Townships of Denmark, Vermillion, Nininger, Ravenna, Marshan, and the City of
Vermillion are members of the Association.
B. The City and the Association have worked cooperatively for decades to provide fire and
ambulance services to the area through a single contract entered into with the City on behalf
of all of the Association members.
C. The current “Fire and Ambulance Service Contract by and between the City of Hastings and
the Hastings Rural Fire Association” (“Current Contract”) is set to expire on December 31,
2022.
D. The parties have been meeting to negotiate a new contract, but there will not be sufficient
time to finish the negotiations and act on a new contract before the end of the year.
E. The parties desire to enter into this MOU to provide additional time to complete the
negotiations while ensuring the continued provision of fire and ambulance services to the
Association members during the extension period.
AGREEMENT
In consideration of the mutual promises and agreements made herein, the parties hereby
agree as follows:
1. Extension Period. The parties agree to extend the period in which to negotiate and enter into
a new service contract to March 31, 2023 (“Extension Period”). The parties agree to work
in good faith to reach agreement and enter into a new contract before the expiration of the
Extension Period.
2. Services. The City agrees to continue to provide fire and ambulance services to the
Association in accordance with the terms of the Current Contract through the Extension
Period. The services will be deemed as being provided under the price the parties negotiate
for 2023 and paid in accordance with the terms and conditions of the new contract for the
period starting from January 1, 2023.
VIII-22
HA620-1-843163.v2
3. Term. This MOU is effective on December 31, 2022 and shall expire upon the parties
entering into a new contract for fire and ambulance services, but in no case later than March
31, 2023. The terms and conditions of the new contract will be considered effective as of
January 1, 2023.
4. Failure to Reach Agreement. If the parties fail to reach an agreement to enter into a new
contract by March 31, 2023, the City agrees to provide fire and ambulance services under the
terms and conditions of the Current Contract through December 31, 2023, unless terminated
earlier by the Association. The fee for the City’s services shall be $57,833 per month.
Payment shall be due on July 31 and December 31, 2023, pursuant to the Current Contract. If
the Association terminates before December 31, 2023, the Association shall pay a prorated
amount of the fee for the months of services provided within 30 days after termination.
IN WITNESS WHEREOF, the parties have entered into this MOU effective as of the
date indicated above.
CITY OF HASTINGS HASTINGS RURAL FIRE ASSOCIATION
______________________________ _________________________________
Mayor Mary Fasbender Chairperson
_____________________________ __________________________________
Clerk Kelly Murtaugh Secretary
VIII-22
City Council Memorandum
To: Mayor Fasbender & City Councilmembers
From: Chris Eitemiller, Finance Manager
Date: December 19, 2022
Item: Conduct Public Hearing & Approve Adjustment of City of Fees
Council Action Requested:
Council is requested to conduct a public hearing and adopt the attached ordinance amendment
adjusting various City fees.
Background Information:
Utility fees
In 2020, the City worked with Ehlers on a Utility Rate review which looked at the sustainability of
our utility funds to cover projected capital needs over the next several years. The review
recommends annual rate increases for water, sewer, and storm water.
In accordance with this review, staff recommends a 3.5% increase in water rates. This will help
fund infrastructure improvements, water meters, and a SCADA (Supervisory Control and Data
Acquisition) system upgrade in both Water and Sewer.
A 2% increase is recommended for our sewer rates. This adjustment keeps the fund in line with
inflationary increases to expenditures, Sewer’s share of the SCADA system upgrade and
assist with funding the infrastructure improvements and capital asset purchases in the
coming years.
A 4% increase is also recommended for our Storm Water Fund. The Storm Water Fund’s
future capital projects continue to drive this proposed increase.
The rate increase for the Water and Storm Water utilities equals the increase implemented for
2022. The Sewer Utility’s rate increase was 1% in 2022, compared to 2% planned for 2023.
IX-01(a,b)
Financial Impact:
Utility Fees
The proposed rate increase is included in the 2023 budget. It is anticipated this increase will
create a neutral or positive revenue stream from each of the utility funds. Rate increase requests
in future years will be evaluated based on the fund health, and are expected to be in line with
inflationary measures and capital projects.
If approved, the updated fee structure will be effective with the January 2023 billing.
Residential Impact Chart – quarterly bill
Advisory Commission Discussion:
N/A
Council Committee Discussion:
The September 6th Finance Committee meeting included discussion on the utility funds and rate
increase requests.
Attachment:
Ordinance amendment
2022 2023 Variance
Water-Consumption 17.54$ 18.15$ 0.61$
Water-Fixed 19.42$ 20.10$ 0.68$
Water-Total 36.96$ 38.25$ 1.29$
Sewer-Consumption 64.65$ 65.94$ 1.29$
Sewer-Fixed 19.04$ 19.42$ 0.38$
Sewer-Total 83.69$ 85.36$ 1.67$
Storm Water-Fixed 20.72$ 21.55$ 0.83$
MN Test Fee 2.43$ 2.43$ -$
Total Bill 143.80$ 147.59$ 3.79$
Average Single Family Home
City Average Based on 15,000 Gallons
IX-01(a,b)
Updated 12/1/21
CITY OF HASTINGS, MINNESOTA
ORDINANCE NO. 2022- THIRD SERIES
AN ORDINANCE OF THE CITY OF HASTINGS, MINNESOTA AMENDING
CHAPTER 34 OF THE HASTINGS CITY CODE PERTAINING TO FEES FOR
MUNICIPAL SERVICES
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HASTINGS AS
FOLLOWS:
Chapter 34 of the Hastings City Code is hereby amended as follows:
Section 34.03 Fee Schedule
Current (2022) Proposed (2023)
Water Base Charges
5/8” Meter $19.42 $20.10
1.0” Meter $48.55 $50.25
1.25” & 1.5” Meter $97.10 $100.50
2.0” Meter $155.35 $160.79
3.0” Meter $291.30 $301.50
4.0” Meter $631.12 $653.21
6.0” Meter $1,359.34 $1,406.92
Irrigation Base Charges
5/8” Meter $38.84 $40.20
1.0” Meter $97.09 $100.50
1.25” & 1.5” Meter $194.22 $201.00
2.0” Meter $310.70 $321.58
3.0” Meter $582.60 $603.00
4.0” Meter $1262.24 $1306.42
6.0” Meter $2718.69 $2813.84
IX-01(a,b)
Updated 12/1/21
Section 34.03 Effective Date
Water Consumption Current (2022) Proposed (2023)
Residential Users (applies
all year)
0 – 15,999 gallons $1.17/1,000 gallons $1.21/1,000 gallons
16,000 – 30,999 gallons $1.52/1,000 gallons $1.57/1,000 gallons
31,000 – 60,999 gallons $2.43/1,000 gallons $2.52/1,000 gallons
61,000 gallons and above $4.62/1,000 gallons $4.78/1,000 gallons
Current (2022) Proposed (2023)
Other Users
0 – 15,999 gallons $1.17/1,000 gallons $1.21/1,000 gallons
16,000 – 75,999 gallons $1.52/1,000 gallons $1.57/1,000 gallons
76,000 – 200,999 gallons $2.43/1,000 gallons $2.52/1,000 gallons
201,000 gallons and above $4.62/1,000 gallons $4.78/1,000 gallons
Sewer Fixed Charges $19.04 $19.42
Sewer Consumption
Charge (based on metered
use during winter billing
quarter)
$4.31/1,000 gallons $4.40/1,000 gallons
Storm Water Utility Rates
Low Density Residential $20.72/lot $21.55/lot
Medium Density
Residential
$11.39/lot $11.85/lot
High Density Residential $80.77/acre $84.00/acre
Manufactured Housing $62.13/acre $64.62/acre
Commercial/Office $99.40/acre $103.38/acre
Industrial $86.97/acre $90.45/acre
Public/Institutional Exempt/acre Exempt/acre
Golf Course $18.65/acre $19.40/acre
Open Space/Vacant $20.72/lot $21.55/lot
Agricultural $20.72/lot $21.55/lot
This ordinance shall be effective with the January 2023 billing.
IX-01(a,b)
Updated 12/1/21
Moved by Councilmember , seconded by Councilmember
to adopt the ordinance as presented.
Adopted by the Hastings City Council on this 19th day of December, 2022, by the
following vote:
Ayes:
Nays:
Absent:
CITY OF HASTINGS
ATTEST:
Mary Fasbender, Mayor
Kelly Murtaugh, City Clerk
I hereby certify that the above is a true and correct copy of the Ordinance presented to
and adopted by the City of Hastings, County of Dakota, Minnesota, on the 19th day of
December, 2022, as disclosed by the records of the City of Hastings on file and of record
in the office.
Kelly Murtaugh, City Clerk
IX-01(a,b)
City Council Memorandum
To: Mayor Fasbender & City Council Members
From: John Caven, Assistant City Engineer
Date: Dec 12, 2022
Item: 2nd Reading / Public Hearing: Amend City Code Chapters 152 – Storm Water Management and
City Code 158 – Property Maintenance
Council Action Requested:
The council is requested to hold a public hearing and consider the 2nd reading to amend Hastings City
Code Chapter 152 relating to Storm Water Management and City Code Chapter 158 relating to Property
Maintenance. The City Council considered the 1st reading and ordered the public hearing at the
December 5, 2022 City Council Meeting.
Background Information:
The Federal Clean Water Act requires small cities (called municipal separate storm sewer systems or
MS4) to submit a permit to discharge storm water into receiving water bodies. The storm water permit
typically covers a five-year period and is intended to reduce pollutants from not only our storm sewer
discharge points, but also from overland runoff that drains directly to rivers, lakes, and ponds.
To comply with the MS4 Permit, the City of Hastings submitted their first storm water pollution prevention
plan (SWPPP) annual report to the Minnesota Pollution Control Agency (MPCA) on June 30, 2008, and
submits an annual report by June 30th of each subsequent year. On November 16, 2020 the MPCA
drafted and approved a revised permit. Consequently, MS4’s were required to update their SWPPP by
the end of 2022 to reflect the permit changes. Many changes such as employee training, topics meeting
public outreach goals, and general documentation of storm water related practices and procedures have
already been completed. The remaining item to achieve permit compliance requires City Council approval
through the Public Hearing process to revise the City Ordinances as it relates to property maintenance
and design standards for development/construction projects. A summary of the proposed changes to the
ordinance include:
Chapter 152 – Storm Water Management
1. Re-organizes entire 152.08 Approval Standards section to make it flow better and be more user
friendly.
2. Provides clarity on permitting authority of the City of Hastings as it pertains to the rules and
standards of the Vermillion River Watershed Joint Powers Organization (VRWJPO) and MPCA.
3. Provides clarity in identifying storm water design and erosion control requirements (including
applicability):
a. For projects disturbing over one acre versus under one acre,
b. For linear projects (such as road reconstruction projects or trail projects).
4. Formally requires the MPCA volume control/water quality calculation to be submitted in addition
to the current VRWJPO requirement, and the more stringent of the two to be selected.
5. Provides clarity as to guidance of possible alternative approaches to volume control/water quality
when certain limitations exist on a constructed site.
6. Requires conservation easements or outlots to be recorded to protect identified buffers adjacent
to wetlands and watercourses.
IX-02(a,b)
Chapter 158 – Property Maintenance
1. Requires property owners to store their de-icing salt under a roof and on a hard surface to
minimize its unnecessary leeching into the environment (Note: Training and other permit efforts
are simultaneously being made to minimize unnecessary usage of salt in the winter time.)
VRWJPO has reviewed the revised ordinance and confirms it satisfies the general intent of their rules.
The City of Hastings must be as strict or stricter than the VRWJPO rules to maintain permitting authority.
Furthermore, the recommended ordinance changes would bring the City of Hastings into compliance with
the MS4 Permit mandated by the MPCA.
Financial Impact:
No financial impact for the City.
Attachments:
Ordinance Amendment
IX-02(a,b)
ORDINANCE NO. _____________
AN ORDINANCE FOR THE CITY OF HASTINGS, MINNESOTA, AMENDING
HASTINGS CITY CODE CHAPTER 152, STORMWATER MANAGEMENT AND
CHAPTER 158, PROPERTY MAINTENANCE REQUIREMENTS
The City Council of the City of Hastings, Dakota County, Minnesota, does hereby ordain
as follows:
SECTION 1 AMENDMENT. The Code of the City of Hastings, Counties of Dakota and
Washington, State of Minnesota, Chapter 152, Stormwater Management shall be amended as
follows (items in underlined are additions, items stricken are deletions):
152.04 Definitions:
BMP. Best Management Practices (BMPs) are the most effective and practical means of erosion
and sediment control, and water quality management practices aimed to control, prevent, and
minimize degradation of surface water.
BUFFER. An area of natural, minimally maintained, vegetated ground cover abutting or
surrounding a watercourse, public waters wetland, or wetland.
FULLY RECONSTRUCTED. Impervious surfaces that have been removed down to the
underlying soils. Activities such as structure renovation, reclamation projects, mill and overlay
projects, and other pavement rehabilitation projects do not expose the underlying soils beneath
the structure, pavement, or activity are not considered fully reconstructed.
IMPERVIOUS SURFACE. Constructed hard surface that either prevents or retards the entry
of water into the soil and causes water to run off the surface in greater quantities and at an
increased rate of flow than prior to development. Examples include rooftops, sidewalks,
driveways, parking lots and concrete, asphalt, or gravel roads or parking lots.
INFILTRATION. A stormwater retention method for the purpose of reducing the volume of
stormwater runoff by transmitting water into the ground through the earth’s surface.
LINEAR PROJECT. Construction of new or fully reconstructed roads, trails, sidewalks, or rail
lines that are not part of a larger common plan of development or sale.
MPCA. Minnesota Pollution Control Agency.
NPDES. National Pollutant Discharge Elimination System.
VRWJPO. Vermillion River Watershed Joint Powers Organization
WCA. Wetland Conservation Act
IX-02(a,b)
WETLANDS. Any wetland as described in Minn. Stat. § 103G.005, subd. 19.
Lands transitional between terrestrial and aquatic systems where the water table is usually at or
near the surface or the land is covered by shallow water no deeper than 6 feet. For purposes of
this definition, wetlands must have the following 3 attributes:
1. Have a predominance of hydric soils;
2. Are inundated or saturated by surface or ground water at a frequency and duration
sufficient to support a prevalence of hydrophytic vegetation typically adapted for life in
saturated soil conditions; and
3. Under normal circumstances support a prevalence of the vegetation.
152.05 Scope and Effect.
A. Applicability. Every applicant for a building permit, subdivision approval, or a permit to
allow land disturbing activities must submit a stormwater management plan to the Public
Works Department. No building permit, subdivision approval, or permit to allow land
disturbing activities shall be issued until approval of the stormwater management plan or
a waiver of the approval requirements has been obtained in strict conformance with the
provisions of this chapter. The provisions of §152.09 this Chapter apply to all land,
public or private, located within the City of Hastings.
B. Exemptions. The provisions of this chapter do not apply to:
1. Any part of a subdivision if a plat for the subdivision has been approved by the
City Council on or before the effective date of this chapter,which includes an
approved storm water plan, for one year following preliminary approval and for
two years following final approval by the City Council.
2. Any land disturbing activity for which plans have been approved by the watershed
management organization within 6 months prior to the effective date of this
chapter;
3. A lot for which a building permit has been approved on or before the effective
date of this chapter;
4. Installation of fence, sign, telephone, and electric poles and other kinds of posts or
poles gardening, tree planting, deck construction, and other types of construction
disturbing 1/3 acre or less; or
5. Emergency work to protect life, limb, or property.
152.08 Approval Standards
A. Construction activity of any size
1. Site Dewatering
a. Water pumped from the site shall be treated by temporary sedimentation
basins, grit chambers, sand filters, up flow chambers, hydro-cyclones,
swirl concentrators or other appropriate controls as appropriate. Water
may not be discharged in a manner that causes erosion or flooding of the
site or in receiving channels or a wetland.
2. Waste And Material Disposal
IX-02(a,b)
a. All waste and unused building materials (including garbage, debris,
concrete washout, cleaning wastes, wastewater, toxic materials or
hazardous materials) shall be properly disposed of off-site and not allowed
to be carried off by runoff into a receiving channel or storm sewer system.
3. Site Erosion & Sediment Control.
a. Erosion and sediment control measures shall be consistent with Best
Management Practices (BMPs), included in the City’s Builders Handbook
and Public Works Design Manual or otherwise approved by the City, and
shall be sufficient to retain sediment on site.
b. All temporary erosion and sediment controls shall be installed on all down
gradient perimeters before commencing the land disturbing activity, and
left in place and maintained as needed until removal is approved by the
City after the site had been stabilized. All permanent erosion control
measures shall be installed and operational per the design and as approved
by the City.
c. All activities on the site shall be phased and/or conducted in a logical
sequence to minimize the area of bare soil exposed at any one time.
d. All disturbed ground to be left inactive for 14 or more days shall be
stabilized by seeding and mulching, sodding, coverings, or other
equivalent control measure by no later than 14 calendar days after the
construction activity has ceased. Stabilization shall occur within 7
calendar days when within one aerial mile from an MPCA defined special
or impaired water.
e. All stockpiles shall contain silt fence or other effective sediment controls
at the base of stockpiles on the downgradient perimeter.
f. All storm drain inlets shall be protected during construction until control
measures are in place with best management practices included within the
City’s Builders Handbook and Public Works Design Manual or otherwise
approved by the City.
g. Each site shall have a minimum of graveled roads, access drives, and
parking areas of sufficient width and a length providing a minimum of 50
feet of maintained graveled surface both from the edge of the public or
private roadway to prevent sediment from being tracked onto public or
private roadways. Any sediment reaching a public or private road shall be
removed by street cleaning (not flushing) before the end of each workday.
Failure to keep the public or private roadway clean may result in the city
ordering a stop work order until the roadways are properly cleaned.
h. All erosion and sediment control inspection priorities must be given to
areas susceptible to erosion due to site topography, soil characteristics,
quality of receiving water, state of construction, and weather conditions.
4. Rate Control
a. Shall not adversely affect neighboring properties and downstream
stormwater systems.
B. Construction activity with land disturbing activities greater than or equal to one acre,
including projects less than an acre that are part of a larger common plan of development
or sale greater than equal to one acre.
IX-02(a,b)
1. The City of Hastings is the permitting authority on construction projects.
Construction activity shall meet the permit requirements within
a. The most current requirements of the General Permit Authorization to
Discharge Stormwater Associated with Construction Activity Under the
National Pollutant Discharge Elimination System (NPDES)/State Disposal
System (SDS) Program, otherwise known as the Construction Stormwater
Permit, issued by the Minnesota Pollution Control Agency (MPCA).
b. The most current requirements of the Vermillion River Watershed Joint
Powers Organization.
2. Site Erosion & Sediment Control.
a. Qualified individual representing Construction Stormwater Permit holder
must submit to the City an erosion control inspection form one time per
week and after every half inch or greater rain event. A rain gage must be
present on site.
3. Design Standards
a. All on-site stormwater conveyance channels shall be designed and
constructed to withstand the expected velocity flow from a 10-year
frequency storm without erosion.
b. All on-site basins shall be designed and constructed to withstand the
expected 100-year frequency storm without erosion to the pond, inlet or
outlet discharge. The high water level (HWL) shall be noted on the plan
and entirely contained within an easement.
c. Precipitation frequency estimates must utilize the most current published
estimates by NOAA (ie. Atlas 14 Version 8).
d. Existing condition is considered the date received on the Stormwater
Management Plan submittal. “Common plan of development” dates back
to the year 2005.
e. Hydrologic models and design methodologies used for the determination
of runoff analysis of storm water management infrastructure shall be
signed by a registered Minnesota Professional Engineer and approved by
the Engineering Department.
f. Infiltration techniques are the preferred approach and to be given highest
priority to meeting volume and water quality requirements. Pre-treatment
leading to infiltration basins is recommended. Where limitations apply,
other green technologies shall be explored (ie. filtration,
evapotranspiration, reuse/harvesting, etc) to the maximum extent possible.
g. Infiltration areas must draw down within 48 hours of a significant rainfall
unless otherwise specified within the Minnesota Stormwater Manual. The
recommended number of soil borings, per Minnesota Stormwater Manual,
shall be provided in the location of the proposed infiltration BMP to
support the design infiltration rate.
h. Infiltration areas identified on the plan must either be fenced or delineated
prior to the project to protect the area from compaction during
construction activity.
4. Long-Term Stormwater BMP Maintenance Agreement
IX-02(a,b)
a. A legal document shall be executed that determines the party responsible
for the long-term maintenance of the proposed stormwater BMPs designed
to meet the design standards of this Ordinance. Should the BMP be on
private property, the agreement shall allow the City to enter the property
to inspect, notify owner of maintenance duties, and if necessary conduct
necessary maintenance to maintain normal functionality of the BMP. In
the event maintenance is not performed, costs to perform maintenance
shall be assessed to the property owner.
5. Stormwater Calculations
a. Rate Control onsite within the area proposed to be disturbed
1. Not to exceed existing runoff rates for the following storms events
a) 1-year 24 hour
b) 10-year 24 hour
c) 100-year 24 hour
2. When discharging directly to the Vermillion River,
a) Peak runoff controls keep future peak flood flows for the
Vermillion River 100-year 4 day event from increasing
above existing conditions peak flow
3. Shall not adversely affect neighboring properties and downstream
stormwater systems.
b. Volume Control / Water Quality onsite within the area proposed to be
disturbed
1. The greater of the following:
a) Not to exceed existing runoff volume for the 2-year 24 hour
event
b) One-inch times the sum of the new and the fully
reconstructed impervious surface
2. Limitations
a) Within an emergency response area (ERA) identified
within the City of Hastings Wellhead Protection Plan,
otherwise known as a one-year capture zone for municipal
supply wells.
b) Where soil infiltration rates are more than 8.3 inches per
hour and cannot be amended to slow the rate.
c) Where high level of contaminants in soil or groundwater
may be mobilized. To make this determination, an MPCA
site screening assessment, or approved equal, must be
completed. The assessment is available in the Minnesota
Stormwater Manual.
d) Where vehicle fueling and maintenance operations occur.
e) Where industrial areas with exposed materials are capable
of leeching into the soil.
f) Where industrial facilities are not authorized to infiltrate
industrial stormwater under an NPDES/SDS Industrial
Stormwater Permit issued by the MPCA.
IX-02(a,b)
g) Where less than three feet separates the bottom of the
infiltration system to the elevation of the top of bedrock or
seasonally saturated soils (ie. water table).
h) Type D Soils (clay)
i) Within 400 feet of a municipal well and within 100 feet of
a private well unless specifically allowed by an approved
Wellhead Protection Plan (WHPP).
j) Within 1,000 feet up-gradient, or 100 feet down-gradient of
active karst features.
k) Within linear projects where the lack of available right-of-
way prevents the installation of volume control practices.
c. Alternatives
1. Non-linear projects where the water quality volume cannot meet
the standards by treatment within the boundaries of a lot in the
final approved plat, per the limitations set forth in Section 152.08
If that cannot be accomplished the owner will be required to
identify and construct (or an equivalent cash payment) on locations
where off-site treatment can be completed within 24 months of the
start of any construction of site alteration. The order of preference
must be followed:
a) Locations that yield benefits to the same receiving water
that receives runoff from the original construction activity.
b) Locations within the same tributary area as the original
construction activity.
c) Locations in the next adjacent tributary up-stream.
d) Locations anywhere within the City of Hastings jurisdiction
2. Linear projects where the water quality volume cannot meet the
standards by treatment, per the limitations set forth in Section
152.08, volume control / water quality shall be the greater of the
following:
a) One-inch times the new impervious surface
b) One-half inch times the sum of the new and the fully
reconstructed impervious surface.
If alternative conditions cannot be met for linear projects, then
owners of construction activity must maximize the treatment of the
water quality volume prior to discharge from the MS4.
C. Buffers
1. Wetlands. Classification per the most current City of Hastings Water
Management Plan (ie. Figure 3-9, 2018-2027) or wetland functional assessment
for vegetative diversity using the Minnesota Routine Assessment Method
(MNRAM 3.0) or other state accepted functional assessment method approved by
the City.
a. Exceptional Quality Wetland (Preserve)
1. Average Buffer Width: 50 feet
IX-02(a,b)
2. Minimum Buffer Width: 30 feet
b. High Quality Wetland (Manage 1)
1. Average Buffer Width: 40 feet
2. Minimum Buffer Width: 30 feet
c. Medium Quality Wetland (Manage 2)
1. Average Buffer Width: 30 feet
2. Minimum Buffer Width: 25 feet
d. Low Quality Wetland (Manage 3)
1. Average Buffer Width: 25 feet
2. Minimum Buffer Width: 16.5 feet
2. Watercourses. Classifications per the most current Standards for the Vermillion
River Watershed Joint Powers Organization (ie. Map 1, September 2019) as
measured from the edge of the meander belt of the watercourse.
a. Conservation Corridor (ie. Vermillion River below Hastings Falls):
1. Average Buffer Width: 150 feet
2. Minimum Buffer Width: 100 feet
b. Aquatic Corridor – Principal Connector (ie. Vermillion River above
Hastings Falls):
1. Average Buffer Width: 100 feet
2. Minimum Buffer Width: 65 feet
c. Aquatic Corridor – Tributary Connector (ie. Hastings Sand Coulee SNA)
1. Average Buffer Width: 50 feet
2. Minimum Buffer Width: 35 feet, plus 2 feet for every 1% of slope
d. Water Quality Corridor
1. Average Buffer Width: 30 feet
2. Minimum Buffer Width: 20 feet where there is a flow path for
concentrated surface runoff measured from the center line of the
flow path.
3. Exceptions
a. Wetland or public waters wetland listed under the Wetland Conservation
Act (WCA), and to those portions of wetlands that will be filled under
approved wetland replacement plans per the WCA.
b. In areas the Hastings Stormwater Management Plan requires a greater
buffer width.
c. Lots created that are enrolled in Green Acres, Rural Preserves,
Agricultural Preserves, or similar rural preservation programs controlling
or limiting the potential for future lot subdivision or development, as part
of the subdivision process.
4. Conservation Easements
a. A conservation easement or dedicated outlot shall be created when a part
of platting and subdivision approval, except where the buffer is located
within a public transportation right-of-way.
5. Allowable activities within any buffer
a. Use and maintenance of an unimproved access strip through the buffer,
not more than 10 feet in width (ie. For recreational access).
b. Structures that exist when the buffer is created.
IX-02(a,b)
c. Placement, maintenance, repair, or replacement of public roads and utility
and drainage systems that exist when the buffer was created or are
required to comply with any subdivision approval or building permit
obtained from the City of Hastings or Dakota County, so long as any
adverse impacts of public road, utility, or drainage systems on the function
of the buffer have been avoided or minimized to the extent practical.
d. Clearing, grading, and seeding are allowed, if part of an approved Wetland
Replacement Plan or approved Stream Restoration Plan.
e. A multipurpose trail through an area protected by conservation easement
or in a dedicated outlot, is allowed provided it is designed and constructed
to minimize erosion and new impervious surfaces, and maintains an
absolute minimum distance of at least fifteen feet as measured from the
edge of the trail nearest the water resource to the wetland or public waters
wetland edge, the bank of the watercourse, or the meander belt, and
averages at least one-half the total required buffer width. Where needed to
cross the watercourse, the minimum impact alignments shall be used. The
area between the trail and the water resource must be maintained in
perennial vegetation in an undisturbed state accepting regular required
maintenance of the buffer. Boardwalks and pedestrian bridges associated
with a multipurpose trail must be approved by the City of Hastings.
f. The construction of underground utilities such as water, stormwater, and
sanitary sewers and pipelines provided the minimum impact alignment is
used, the area is satisfactorily stabilized and setbacks are met.
6. Allowable activities within those portions of the average buffer width that exceed
the minimum buffer width
a. Stormwater management facilities provided the land areas are stabilized
and alterations prohibited are upheld.
b. The area of shallow vegetated infiltration and biofiltration facilities, and
water quality ponds not to exceed 50 percent of the pond area, adjacent to
wetlands and watercourses may be included in buffer averaging provided
the facilities do not encroach into the minimum buffer width, and the land
areas are stabilized and alterations prohibited are upheld.
7. Alterations
a. Alterations, including building, storage, paving, routine mowing, burning,
plowing, introduction of noxious vegetation, cutting, dredging, filling,
mining, dumping, grazing livestock, agricultural production, yard waste
disposal, or fertilizer application are prohibited within any buffer.
Periodic mowing or burning, or the use of fertilizers and pesticides for the
purpose of managing and maintaining native vegetation is allowed with
approval from the City of Hastings. Noxious weeds may be removed and
mechanical or spot herbicide treatments may be used to control noxious
weeds, but aerial or broadcast spraying is not acceptable. Prohibited
alterations would not include plantings that enhance the natural vegetation
or selective clearing or pruning of trees or vegetation that are dead,
diseased or pose similar hazards.
8. Vegetation
IX-02(a,b)
a. Acceptable Natural Vegetation. Where acceptable natural vegetation
exists in buffer areas, the retention of such vegetation in an undisturbed
state is required unless approval to replace such vegetation is received. A
buffer has acceptable vegetation if it:
1. Has a continuous, dense layer of non-invasive perennial grasses
and forbs that has been uncultivated or unbroken for at least five
consecutive years; or
2. Has an overstory of non-invasive trees and/or shrubs that has been
uncultivated or unbroken for at least five consecutive years; or
3. Contains a mixture of the above plant communities that has been
uncultivated or unbroken for at least five consecutive years.
b. Unacceptable Buffer Vegetation. Where buffer vegetation is found to be
unacceptable or needs to be replanted the following standards shall be
met:
1. Buffers shall be planted with a native seed mix approved by the
State of Minnesota, NRCS or the Dakota County SWCD, with the
exception of a one-time planting with an annual nurse or cover
crop. Plantings of native forbs and grasses may be substituted for
seedling. All substitutions must be approved by the City of
Hastings. Groupings/clusters of native trees and shrubs, of species
and at densities appropriate to site conditions, can also be planted
throughout the buffer area.
2. The seed mix and planting shall be broadcast/installed according to
the State of Minnesota, NRCS or Dakota County SWCD
specifications. The selected seed mixes and plantings for
permanent cover shall be appropriate for the soil site conditions
and free of invasive species.
3. Buffer vegetation (both natural and created) shall be protected by
erosion and sediment control measures during construction.
4. During the first five full growing seasons, the buffer vegetation
shall be replanted if the vegetative cover is less than 90 percent,
unless condition is accepted by the City of Hastings.
D. Wetlands
1. General Provisions
1. Any drainage, filling, excavation, or other alteration of a public waters
wetland or wetland shall be conducted in compliance with Minnesota
Statues, §103G.245, Wetland Conservation Act (WCA), Minnesota Rules
8420, and regulation adopted hereunder. No wetland or public waters
wetland shall be drained, filled, or excavated without first submitting a
wetland application and obtaining the approval from the City of Hastings.
2. In order to preserve WCA exemption or no loss determination, projects
involving excavation in Types 1, 2, 6, and 7 wetlands must demonstrate a
beneficial purpose, such as habitat or water quality improvements, and
minimize loss of wetland function as determined by the City.
3. A high quality (or equivalent value) public waters wetland or wetland (as
determined by the Minnesota Routine Assessment Method (MNRAM 3.0)
IX-02(a,b)
or other state accepted functional assessment method for vegetative
diversity, may not be used for stormwater management and treatment
unless the use will not adversely affect the function and public value of the
wetland and other alternatives do not exist.
2. No Net Loss and Wetland Alteration
1. Wetland replacement/mitigation must follow the priority order below:
1. Mitigation on-site
2. Mitigation within the same minor sub watershed as established by
the Minnesota Department of Natural Resources for the “1979
Watershed Mapping Project” pursuant to Minnesota Laws 1977,
chapter. 455, section33, subdivision 7, paragraph (a).
3. Mitigation within the JPO boundary
4. Mitigation within Dakota County
2. Transportation projects shall pursue wetland mitigation projects to the
extent practical using the criteria above. However, this does not preclude
the use of the BWSR Replacement Program.
A. Site Dewatering. Water pumped from the site shall be treated by temporary sedimentation
basins, grit chambers, sand filters, up flow chambers, hydro-cyclones, swirl concentrators
or other appropriate controls as appropriate. Water may not be discharged in a manner
that causes erosion or flooding of the site or receiving channels or a wetland.
B. Waste And Material Disposal. All waste and unused building materials (including
garbage, debris, cleaning wastes, wastewater, toxic materials or hazardous materials)
shall be properly disposed of off-site and not allowed to be carried off by runoff into a
receiving channel or storm sewer system.
C. Tracking. Each site shall have graveled roads, access drives, and parking areas of
sufficient width and a length providing a minimum of 50 feet of maintained graveled
surface both from the edge of the public or private roadway to prevent sediment from
being tracked onto public or private roadways. Any sediment reaching a public or private
road shall be removed by street cleaning (not flushing) before the end of each workday.
Failure to keep the public or private roadway clean may result in the city ordering
construction halted until the time as the roadways are properly clean.
D. Drain Inlet Protection. All storm drain inlets shall be protected during construction until
control measures are in place with a straw bale, silt fence, or equivalent barrier meeting
accepted design criteria, standards and specifications included in the City’s Builders
Handbook and Public Works Design Manual or otherwise approved by the City.
E. Site Erosion Control.
1. Construction Erosion Control
a. Erosion and sediment control measures shall be consistent with Best
Management Practices (BMPs), included in the City’s Builders Handbook
and Public Works Design Manual or otherwise approved by the City, and
shall be sufficient to retain sediment on site. The City may at its discretion
use turbidity measurements as an indicator of potential non-compliance
with erosion and sediment control measures taken. Turbidity
measurements will be in accordance with VRWJPO Standards.
IX-02(a,b)
b. All temporary erosion and sediment controls shall be installed on all down
gradient perimeters before commencing the land disturbing activity, and
left in place and maintained as needed until removal is approved by the
City after the site had been stabilized. All permanent erosion control
measures shall be installed and operational per the design and as approved
by the City.
c. For projects disturbing equal to or more than 1 acre, including smaller
sites that are part of a common plan of development:
1. Construction activity requirements shall meet the most current
requirements of the General Permit Authorization to Discharge
Stormwater Associated With Construction Activity Under the
National Pollutant Discharge Elimination System/State Disposal
System Permit Program Permit (NPDES General Construction
Permit) issued by the Minnesota Pollution Control Agency.
Construction activity requirements include, but are not limited to,
temporary sediment basins (Part III.C), stormwater pollution
prevention plan, erosion prevention practices, sediment control
practices, dewatering and basin draining, inspection and
maintenance, pollution prevention management measures, and
final stabilization (Part IV) as referenced in the NPDES General
Construction Permit;
2. All on-site stormwater conveyance channels shall be designed and
constructed to withstand the expected velocity of flow from a 10-
year frequency storm without erosion.
3. If the activity is taking place on a site where soils are currently
disturbed (e.g., a tilled agricultural site that is being developed),
areas that will not be graded as part of the development and areas
that will not be stabilized according to the timeframes specified in
the NPDES General Construction permit Part IV, B.S., shall be
seeded with a temporary or permanent cover before commencing
the proposed land disturbing activity.
d. All activities on the site shall be phased and/or conducted in a logical
sequence to minimize the area of bare soil exposed at any one time.
e. All disturbed ground left inactive for 14 or more days shall be stabilized
by seeding and mulching, sodding, coverings, or other equivalent control
measure. Straw, hay, or other vegetative mulch shall be disc anchored.
Geotextile or other approved covering shall be anchored in accordance
with the manufacturer’s specifications.
f. Contractor is responsible for submitting to the City an erosion control
inspection form after every half inch or greater rain event and at a
minimum of one time per week. A rain gage must be present on site.
g. Erosion control and erosion control inspection priority must be given to
areas susceptible to erosion due to site topography, soil characteristics,
quality of receiving water, state of construction, and weather conditions.
F. Stormwater management criteria for new development or re-development projects with
land disturbance of greater than or equal to one acre. Green infrastructure techniques and
IX-02(a,b)
practices (ie. infiltration, filtration, evapotranspiration, reuse/harvesting, conservation
design, urban forestry, green roofs) are to be given highest priority to meet the water
quality treatment requirements. Infiltration/filtration options are the preferred approach to
satisfying the water quality treatment requirements of the NPDES General Construction
Permit. Rate and volume calculations are to utilize NOAA Atlas 14 precipitation
frequency estimates.
1. Conditions
a. Post Construction Water Quality.
1. Post construction stormwater runoff quality measures shall meet
the standard for the General Permit Authorization to Discharge
Stormwater Associated With Construction Activity Under the
National Pollutant Discharge Elimination System/State Disposal
System Permit Program Permit (NPDES General Construction
Permit) issued by the Minnesota Pollution Control Agency.
2. Stormwater discharges of Total Suspended Solids (TSS) and Total
Phosphorus (TP) shall have no net increase from pre-project
conditions for new development and a net reduction from pre-
project conditions for re-development.
3. Circumstances where the TSS and TP requirements cannot be
reasonably achieved on site shall be addressed through mitigation.
a) Mitigation projects shall be selected in the following order
of preference:
1. Locations that yield benefits to the same receiving
water that receives runoff from the original
construction activity.
2. Locations within the same Department of Natural
Resource (DNR) catchment area as the original
construction activity.
3. Locations in the next adjacent DNR catchment area
up-stream.
4. Locations anywhere within the City of Hastings.
b) Mitigation projects must involve the creation of new
structural stormwater BMPs, retrofit of existing structural
stormwater BMPs, or the use of a properly designed
regional structural stormwater BMP.
c) Routine maintenance of structural BMPs cannot be used to
meet mitigation.
d) Mitigation projects shall be completed within 24 months
after the start of the original construction activity.
e) The long term maintenance for storm water BMPs shall be
determined prior to construction activity.
f) If monetary payment is received to satisfy mitigation
processes then payment shall be applied to a public storm
water project and comply with City Ordinance
152.08(F)(1)(a)(3)(1) (a-d)
b. Peak Runoff Rate.
IX-02(a,b)
1. Hydrologic models and design methodologies used for the
determination of runoff and analysis of stormwater management
infrastructure shall be signed by a registered professional engineer
and approved by the Engineering Department.
2. Runoff rates for proposed land disturbing activities greater than or
equal to one acre shall:
a) Utilize an existing condition in the runoff calculation as
defined as the land cover condition existing in the year
2005.
b) Not exceed existing runoff rates for the 1-year 24 hour, 10-
year 24 hour, 100-year 24 hour, and 100 year 4 day storm
events.
c. Volume Runoff Criteria.
1. Hydrologic models and design methodologies used for the
determination of runoff and analysis of stormwater management
infrastructure shall be signed by a registered professional engineer
and approved by the Engineering Department.
2. Runoff volume for proposed land disturbing activities greater than
or equal to one acre shall:
a) Utilize an existing condition in the runoff calculation as
defined as the land cover condition existing in a pre-project
condition.
b) Not exceed the existing pre-project runoff rates for the 2-
year 24 hour storm event.
3. Exceptions where a lessor volume control will be acceptable.
a) Infiltration, as listed in 152.08(F)(2)(a), prohibit volume
control.
b) Non-infiltration green technologies are implemented to the
maximum extent possible.
c) Outlets from landlocked basins with a tributary drainage
area of greater than or equal to 100 acres, provided:
1. Outlets are consistent with other portions of the City
Ordinances
2. Outlets have been analyzed for any detrimental
downstream impacts, riparian impacts, and habitat
impacts. The analysis shall include:
a) Use a hydrograph method based on sound
hydrologic theory to analyze runoff for the
design or analysis of flows and water levels;
b) Ensure a hydrologic analysis is consistent
with the Stormwater Runoff Control Criteria
of the City Ordinances.
c) Ensure the outlet does not create adverse
downstream flooding or water quality
conditions, or materially affect stability of
downstream major waterways;
IX-02(a,b)
d) Maintain dead storage within the basin to
the maximum extent possible while
preventing damage to property adjacent to
the basin;
e) Ensure that the low floors of new structures
adjacent to the basin are set consistent with
the Floodplain Alterations Rule; and
f) Ensure that proposed development tributary
to the land-locked basin has incorporated
runoff volume control practices to the extent
practical.
d) Artificial drainage, flow obstruction, and diversions
involving waterways, public waters, and wetlands with
drainage areas of 640 acres or more, provided:
1. Alterations and diversions are consistent with other
portions of the City Ordinances
2. Alterations and diversions have been analyzed for
any detrimental downstream impacts, riparian
impacts, and habitat impacts. The analysis shall
include:
a) Provide reasonable necessity for such
drainage alteration or diversion to improve
or protect human health and safety, or to
improve or protect aquatic resources;
b) Ensure reasonable care has been taken to
avoid unnecessary injury to upstream and
downstream land;
c) Ensure the utility or benefit accruing to the
land on which the drainage will be altered
reasonably outweighs the gravity of the
harm resulting to the land receiving the
burden; and
d) Ensure the drainage alteration or diversion is
being accomplished by reasonably
improving and aiding the normal and natural
system of drainage according to its
reasonable carrying capacity, or in the
absence of a practicable natural drain, a
reasonable and feasible artificial drainage
system is being adopted.
e) Drainage alterations, diversions, and
landlocked basin outlets shall be provided
with stable channels and outfall.
d. Design Criteria
1. Minimize connected impervious surfaces.
IX-02(a,b)
2. Vegetation used in conjunction with infiltration systems must be
tolerant of urban pollutants and the range of soil moisture
conditions anticipated.
3. Infiltration and filtration areas must be fenced or otherwise
protected from disturbance before the land disturbing project
begins.
2. Limitations of using infiltration techniques to achieve stormwater management.
Filtration and other green technologies should be considered instead.
a. Conditions
1. Where vehicle fueling and maintenance occur.
2. Where industrial areas with exposed materials are capable of
leeching into the soil
3. Where industrial facilities are not authorized to infiltrate industrial
stormwater under an NPDES/SDS Industrial Stormwater Permit
issued by the Agency.
4. Where high level of contaminants in soil or groundwater will be
mobilized.
5. Where less than three (3) feet separates the bottom of the
infiltration system to the elevation of the top of bedrock or
seasonally saturated soils (ie. water table).
6. Type D Soils (clay)
7. Where soil infiltration rates are more than 8.3 inches per hour.
8. Within an emergency response area, as defined by the Drinking
Water Surface Management Area (DWSMA).
9. Within the one year travel zone of a municipal or other community
supply well as defined in the Hastings Well Head Protection Plan
(WHPP). The following design requirements need be adhered to if
infiltration for volume control is to be considered as an option:
a) Pretreatment of stormwater runoff is designed to protect
infiltration system from clogging with sediment and to
protect groundwater quality.
b) Hydrological soil group classification and saturated
infiltration rate shall comply with the current VRWJPO
rules.
c) Site specific infiltration or hydraulic conductivity
measurements shall be performed by a licensed soil
scientist or engineer.
d) Infiltration rates shall reflect the least permeable horizon
within the first five feet below the bottom of the infiltration
system.
e) Infiltration system shall be capable of infiltrating the
required volume within 72 hours.
10. Within 100 feet of a private well unless specifically allowed by an
approved WHPP.
11. Within 1,000 feet up-gradient, or 100 feet down gradient of active
karst features.
IX-02(a,b)
12. Within linear projects where the lack of available or obtainable
right-of-way prevents the installation of volume control practices.
3. Long term maintenance of structural stormwater BMPs
a. A legal document shall be executed that determines the party responsible
for long term maintenance of the stormwater BMP. Should the BMP be on
private property, the agreement shall allow the City to enter the property
to inspect, notify owner of maintenance duties, and if necessary conduct
necessary maintenance to maintain normal functionality of the BMP.
Costs to perform maintenance shall be assessed to the property owner.
G. Wetlands
1. General Provisions
a. Any drainage, filling, excavation, or other alteration of a public waters
wetland or wetland shall be conducted in compliance with Minnesota
Statues, §103G.245, Wetland Conservation Act (WCA), Minnesota Rules
8420, and regulations adopted hereunder.
b. In order to preserve WCA exemption or no loss determination, projects
involving excavation in Types 1, 2, 6, and 7 wetlands must demonstrate a
beneficial purpose, such as habitat or water quality improvements, and
minimize loss of wetland function as determined by the City.
c. A high quality (or equivalent value) public waters wetland or wetland (as
determined by methods acceptable to the VRWJPO for vegetative
diversity) may not be used for stormwater management and treatment
unless the use will not adversely affect the function and public value of the
wetland and other alternatives do not exist. Runoff shall not be discharged
directly into a high quality public water wetlands or wetland (as
determined by methods acceptable to the VRWJPO for vegetative
diversity) without pretreatment of the runoff.
2. No Net Loss and Wetland Alteration
a. No permits will be granted until the WCA replacement plan is approved or
exemption certificate is obtained. Wetland replacement/mitigation citing
must follow the priority order:
1. Mitigation on-site
2. Mitigation within the same minor sub watershed as established by
the Minnesota Department of Natural Resources for the “1979
Watershed Mapping Project” pursuant to Minnesota Laws 1977,
chapter. 455, section33, subdivision 7, paragraph (a).
3. Mitigation within the JPO boundary
4. Mitigation within Dakota County
b. Transportation projects shall pursue wetland mitigation projects to the
extent practical using the criteria above. However, this does not preclude
the use of the BWSR Replacement Program.
3. Wetland Buffer Areas
a. Application. Buffer areas abutting all rivers, streams, and wetlands as
identified in Figure 4 of the City’s Water Management Plan.
b. Classification. A wetlands functional assessment for vegetative diversity
will be completed with each wetland and public waters wetland,
IX-02(a,b)
delineated for a project and buffers established according to the
management classification in the following table. Figure 4 and 8 in the
Water Management Plan, as adopted in 2009, delineates three different
quality standards for wetlands. All wetlands shown on Figure 8 not shown
on Figure 4 are considered Low Quality. Buffers on wetlands begin at the
delineated edge of the wetland; (the line where hydrology, vegetation, and
soils indicate a change between upland and wetland).
1. Exceptional Quality Wetland:
a) Average Buffer Width: 50ft
b) Minimum Buffer Width: 30ft
2. High Quality Wetland:
a) Average Buffer Width: 40ft
b) Minimum Buffer Width: 30ft
3. Medium Quality Wetland:
a) Average Buffer Width: 30ft
b) Minimum Buffer Width: 25ft
4. Low Quality Wetland:
a) Average Buffer Width: 25ft
b) Minimum Buffer Width: 16.5ft
c. Buffer area requirements. Where acceptable natural vegetation exists in
buffer areas, the retention of such vegetation in an undisturbed state is
required unless approval to replace such vegetation is received. A buffer
has acceptable vegetation if it:
1. Has a continuous, dense layer of perennial grasses that has been
uncultivated or unbroken for at least 5 consecutive years; or,
2. Has an overstory of trees and/or shrubs that has been uncultivated
or unbroken for at least 5 consecutive years; or,
3. Contains a mixture of the plant communities in Criteria (c)(1) and
(c)(2) above that has been uncultivated or unbroken for at least 5
years.
d. Maintenance of Buffer Areas. Buffers shall be staked and protected in the
field prior to construction unless the vegetation and the condition of the
buffer are considered inadequate. Existing conditions vegetation will be
considered unacceptable if:
1. Topography or sparse vegetation tends to channelize the flow of
surface water
2. Some other reason the vegetation is unlikely to retain nutrients and
sediment
e. Requirements for Replanting. Where buffer vegetation and conditions are
unacceptable, or where approval has been obtained to replant, buffers shall
be replanted and maintained according to the following criteria:
1. Buffers shall be planted with a native seed mix approved by
MnDOT, BWSR, NRCS or the Dakota County SWCD, with the
exception of a one-time planting with an annual nurse or cover
crop. Plantings of native forbs and grasses may be substituted for
seeding. All substitutions must be approved by the City.
IX-02(a,b)
Groupings/clusters of native trees and shrubs, of species and at
densities appropriate to site conditions, shall also be planted
throughout the buffer area.
2. The seed mix and planting shall be broadcast/installed according to
MnDOT, BWSR, NRCS or Dakota County SWCD specifications.
The selected seed mixes and plantings for permanent cover shall be
appropriate for the soil site conditions and free of invasive species.
3. Buffer vegetation (both natural and created) shall be protected by
erosion and sediment control measures during construction.
4. During the first five full growing seasons, except where the City
has determined vegetation establishment is acceptable, the owner
or applicant must replant buffer vegetation where the vegetative
cover is less than 90%. The owner or applicant must assure
reseeding/or replanting if the buffer changes at any time through
human intervention or activities.
f. Conservation Easement. Where a buffer is required, the City shall require
the protection of the buffer under a conservation easement, or include the
buffer in a dedicated outlet as part of platting and subdivision approval,
except where the buffer is located in a public transportation right-of-way.
Buffer shall also have monumentation to clearly designate the boundaries
of all new buffers within new residential subdivisions. A monument shall
consist of a post and a buffer strip sign approved by the City.
g. Usage:
1. Alterations, including building, storage, paving, routine mowing,
burning, plowing, introduction of noxious vegetation, cutting,
dredging, filing, mining, dumping, grazing livestock, agricultural
production, yard waste disposal, or fertilizer application are
prohibited within any buffer. Periodic mowing or burning, or the
use of fertilizers and pesticides for the purpose of managing and
maintaining native vegetation, may be allowed with approval of
the City. Noxious weeds may be removed and mechanical or spot
herbicide treatments may be used to control noxious weeds, but
aerial or broadcast spraying is not acceptable. Prohibited
alterations would not include plantings that enhance the natural
vegetation or selective clearing or pruning of trees or vegetation
that are dead, diseased or pose similar hazards, or as otherwise
clarified in Criteria 3d.
2. The following activities shall be permitted within any buffer, and
shall not constitute prohibited alterations:
a) The following activities are allowed within both the
minimum and average buffer width areas:
1. Use and maintenance of an unimproved access strip
through the buffer, not more than 10 feet in width,
for recreational access to the major waterway or
wetland and the exercise of riparian rights;
2. Structures that exist when the buffer is created;
IX-02(a,b)
3. Placement, maintenance, repair, or replacement of
public roads and utility and drainage systems that
exist on creation of the buffer or are required to
comply with any subdivision approval or building
permit obtained from the City, so long as any
adverse impacts of public road, utility, or drainage
systems on the function of the buffer have been
avoided or minimized to the extent practical;
4. Clearing, grading, and seeding is allowed if part of
an approved Wetland Replacement Plan, or
approved Stream Restoration Plan.
5. Construction of a multipurpose trail, including
boardwalks and pedestrian bridges, provided it is
constructed to minimize erosion and new
impervious surface, and has an undisturbed area of
vegetative buffer at least ten (10) feet in width
between the trail and the wetland or public waters
wetland edge, or the bank of the major waterway; or
where needed to cross the major waterway, the
minimum impact alignment is used.
6. The construction of underground utilities such as
water, stormwater, and sanitary sewers and.
pipelines provided the minimum impact alignment
is used, the area is stabilized in accordance with
Criteria 3d above, and setbacks established in the
Floodplain Alterations Rule, are met.
b) The following activities are allowed within those portions
of the average buffer width that exceed the minimum buffer
width:
1. Stormwater management facilities, provided the
land areas are stabilized in accordance with Criteria
(e) (1-4) above, and alterations prohibited in
Criteria (g)(1) above are upheld.
2. The area of shallow vegetated infiltration and
biofiltration facilities, and water quality ponds not
to exceed 50 percent of the pond area, adjacent to
wetlands and major waterways may be included in
buffer averaging provided the facilities do not
encroach into the minimum buffer width, and the
land areas are stabilized in accordance with Criteria
3d above, and alterations prohibited in Criteria fl
above are upheld.
IX-02(a,b)
SECTION 2. AMENDMENT. The Code of the City of Hastings, Counties of Dakota and
Washington, State of Minnesota, Chapter 158.04, Section H, Property Maintenance Requirements
- Repair and Maintenance of Existing Buildings shall be amended as follows (items underlined are
additions, items stricken are deletions):
8. Salt Storage.
a. De-icing materials must be stored
1. Indoors, or outside in a designated salt storage area under a roof or
cover that eliminates exposure to precipitation.
2. On an impervious surface
3. In a location that reduces exposure to precipitation when
transferring the de-icing material.
SECTION 3. SUMMARY PUBLICATION. Pursuant to Minnesota Statutes Section
412.191, in the case of a lengthy ordinance, a summary may be published. While a copy of the
entire ordinance is available without cost at the office of the City Clerk, the following summary is
approved by the City Council and shall be published in lieu of publishing the entire ordinance.
The text adopted by the Hastings City Council on December 19, 2022 modifies the City
Code to satisfy the general intent of the MS4 General Permit requirements for chloride
storage and stormwater management.
SECTION 4. EFFECTIVE DATE. This ordinance shall be in full force and effect from
and after its passage and publication according to law.
Passed this 19th day of December, 2022.
Mary Fasbender, Mayor
Attest:
Kelly Murtaugh, City Clerk
Published in the Hastings Journal on December 22, 2022.
IX-02(a,b)