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20230320 - CC Packet
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 CITY OF HASTINGS CITY COUNCIL AGENDA Monday, March 20, 2023 7:00 p.m. I. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. ROLL CALL IV. DETERMINATION OF QUORUM Presentation: Building Remembrance for Reconciliation V. APPROVAL OF MINUTES Approve Minutes of the City Council regular meeting on March 6, 2023. VI. COMMENTS FROM THE AUDIENCE Comments from the audience may include remarks about items listed on the Consent Agenda. VII. COUNCIL ITEMS TO BE CONSIDERED VIII. CONSENT AGENDA The items on the Consent Agenda are items of routine nature or no perceived controversy to be acted upon by the City Council in a single motion. There will be no discussion on these items unless a Councilmember so requests, in which event the items will be removed from the Consent Agenda to the appropriate Department for discussion. 1. Pay Bills as Audited 2. Resolution: Approve New Massage Therapist License for Kristen Layman 3. Resolution: Approve Outdoor Music – Tent Event with Liquor License Amendment for Dugarel’s 4. Approve Contract with Precision Landscaping & Construction, Inc. for Downtown Planters & Baskets 5. Approve Contract with ISG, Inc. for Roadside Tennis Courts & Parking Lot 6. Resolution: Accept Donation from the Hastings Rivertown Lions Club to the Hastings Fire Department 7. Resolution: National Opioid Settlement 8. Approve Commissions Meeting Calendar Schedule 9. City Council Meeting June 19, 2023 10. Approve Budget Amendment for the Hastings Fire Station Shower 11. Approve Water Meter Project Budget Carryover Adjustment 12. Resolution: Declaring Insurance Liability Coverage 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. 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. 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 A. Public Works B. Parks and Recreation C. Community Development 1. 2nd Reading\Adopt Ordinance: Annexation – Best Development Property – Walden at Hastings (TH 316 & Michael Ave) 2. 2nd Reading: City Code Amendment – Chapter 117 Cannabis and Hemp (Licensing) 3. 2nd Reading: City Code Amendment – Chapter 155 Cannabis and Hemp (Zoning) 4. 1st Reading: City Code Amendment – Chapter 34 Fee Schedule D. Public Safety E. Administration 1. Strategic Planning Facilitator 2. Public Works Director XI. UNFINISHED BUSINESS XII. NEW BUSINESS XIII. REPORTS FROM CITY COMMITTEES, OFFICERS, COUNCILMEMBERS XIV. ADJOURNMENT Next Regular City Council Meeting: Monday, April 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 March 6, 2023 The City Council of the City of Hastings, Minnesota met in a regular meeting on Monday, March 6, 2023 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 Fox, Haus, Lund, and Pemble Members Absent: Councilmembers Folch, Leifeld Staff Present: City Administrator Dan Wietecha Assistant City Administrator Kelly Murtaugh City Attorney Korine Land Community Development Director John Hinzman Public Works Director Ryan Stempski Police Chief David Wilske Employee Promotions: Joe Spagnoletti Matt Lindeman New Employee Introductions: Jake Gartzke John Jamison Mason Johnson Lucas Knoll Duncan Kusant Wendy Mainka Krista Moes Jason Stapleton Jesse Viall Mike Wagner Robert Wood Thierry Auge` Allen Jaeger Gino Messina Presentation: Dakota County Historical Society / LeDuc Historic Estate Approval of Minutes Mayor Fasbender asked if there were any additions or corrections to the minutes of the regular City Council meeting and Council Workshop on February 21, 2023. Minutes were approved as presented. Consent Agenda Councilmember Pemble motioned to approve the Consent Agenda as presented, seconded by Councilmember Haus. 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 5 Ayes, 0 Nays 1. Pay Bills as Audited 2. Resolution No. 03-01-23: Approve New Liquor License for Rehoboth, Inc. dba Bimi Thai Restaurant 3. Resolution No. 03-02-23: Approve In-Store Fireworks Sales License from Phantom Fireworks at Fleet Farm (875 General Sieben Drive) 4. 2nd Reading: Ordinance Amendment: City Code Chapter 33 – Criminal History Background Investigations 5. MOU with International Association of Firefighters, Local # 5113 Regarding Alternate Schedule 6. 1st Reading: City Code Amendment – Chapter 117 Cannabis and Hemp (Licensing) 7. 1st Reading: City Code Amendment – Chapter 155 Cannabis and Hemp (Zoning) 8. Authorize Signature: Stormwater Management Agreement – Suite Living 9. Approve Budget Carryover from 2022 to 2023 2023 Neighborhood Infrastructure Improvements – Public Hearing – Resolution No. 03-03-23: Authorize Advertisement of Bids Stempski provided an overview of the project goals related to infrastructure projects including: a summary of the proposed improvements, connection to city-approved plans, and project cost and timeline. Council was requested to conduct a public hearing and consider the resolution approving plans and specifications for the 2023 Neighborhood Infrastructure Improvements and Authorize Advertisement for Bids. Mayor Fasbender opened the public hearing at: 7:49 p.m. Kathy Ellis, 1310 Southview Drive, expressed concerns about the proposed path impacting landscaping, aesthetics, current home value, potential resale value, and asked if a bike lane in the street would be an option. Ms. Ellis expressed appreciation to Cody Mathisen for his help in the process. Ms. Ellis inquired about access to other sources for funding to offset costs. Stempski indicated federal infrastructure would not be applicable to a neighborhood project. He also indicated that for safety reasons, it is safer to have the pedestrian path off the road. Shane Lanning, 2530 Old Bridge Lane, inquired if there were any speed signal signs planned for the project. Mr. Lanning complimented Ryan Stempski and Cody Mathisen on their work, noting that the project website is really helpful and a great resource. Stempski indicated that they will work with the police department to test where the speed concerns might be with the speed trailer, then work on implementing speed signs if it’s deemed feasible. Mayor Fasbender closed the public hearing at: 8:00 p.m. Council discussion on possible benefits of narrowing roads which may offer a slower effect on traffic. Council inquired about the current condition of the bridge including proposed work. Stempski described the sidewalk and cosmetic improvements to the bridge. Council questioned potential landscape support near the path, and path snow removal responsibilities. Stempski shared the path would be maintained by the Parks and Recreation Department. Council asked for clarification on the super majority vote. Attorney Land explained ordering a project requires a six of 7 vote from Council. Land explained potential next steps for the item. Councilmember Fox motioned to approve as presented, seconded by Councilmember Lund. 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 5 Ayes, 0 Nays. Authorize L&S Electric to Complete the Hastings Hydro Facility Preventative Maintenance Program Development Stempski provided an overview of the need for a comprehensive study for a preventative maintenance plan to make informed decisions about the future of the plant. Council is requested to approve a contract with L&S Electric Inc. for the purposes of developing a preventative maintenance program for the aging Hastings Hydro Facility. The Hastings Hydro Plant is a major asset to the City of Hastings and creating a comprehensive study on the aging facility is needed. This will allow the City to make more informed decisions regarding the Hydro Plant in the future. Council discussion on review of dewatering frequency and creating a timeline to understand when may be the best time to perform that process. Council expressed the need for a maintenance plan and the implications of not having a plan. Councilmember Pemble motioned to approve as presented, seconded by Councilmember Haus. 5 Ayes, 0 Nays. Annexation – Best Development Property – Walden at Hastings (TH 316 and Michael Ave.) – Remove from Table, Ordinance Amendment – Annexation Hinzman provided an overview of the request to annex the property owned by Best Development (TH 316 & Michael Ave). The first request is to remove from the table consideration of the ordinance amendment for annexation, followed by adopting the ordinance amendment for annexation. The developer submits the annexation application in anticipation of future City Council approvals to generally allow for the number and types of residential units within the conceptual plan. No official approvals pertaining to residential construction are included in this application. Council is requested to approve the annexation with land use remaining agricultural. Future meetings would look at results of the traffic impact study, environmental assessment, land use changes, and plan approval. Hinzman indicated that the concept plan has been presented to a neighborhood meeting, Planning Committee of Council, and Planning Commission. Council is asked to consider concept plan in contributing to whether the annexation is approved or not. Hinzman showed the concept plan and discussed the life cycle nature of the types of home sites and amenities. Open spaces will be association-maintained. Council discussion on maintenance of roads within the development and interest in the traffic impact study prior to voting on the annexation. Hinzman indicated that waiting on the analysis would then put burden on Marshan Township. MnDOT has reviewed concept with no major concerns other than adding turn lanes on TH 316. Modifications to the plan would come before Council. Council discussion about Planning Committee conversation about lifecycle housing and being agile at the time of the build. Councilmember Pemble motioned to take ordinance amendment off the table, seconded by Councilmember Fox. 5 Ayes, 0 Nays. Public Comment: 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 Steve Engstrom, 17162 Red Wing Blvd., expressed concern that Council may be acting prematurely on annexation due to lack of action on traffic needs on Hwy 316. The original concept was lower density with 160 units and the current proposal is higher density and the need for senior housing may be met by other current projects in the City. Council discussion regarding monthly rent of housing in the proposed development. Jeff Richter, Land Equity, indicated that row houses may rent for $1,600/month; twinhomes may rent for $2,400/month; senior housing/patio homes may rent for $2,500-$3,000/month. Council discussion on the timing of the proposed project. Hinzman indicated that the approval process will take most of 2023 and the streets and utilities would likely start in 2024. Councilmember Lund motioned to approve 1st reading of the ordinance amendment for annexation as presented, seconded by Councilmember Fox. 5 Ayes, 0 Nays. Later in the meeting it was discovered that the 1st Reading of the annexation ordinance had been passed December 6, 2021, followed by a public hearing in January 2022. Following the public hearing, the 2nd reading was tabled by Council due to the developer stepping back from the project. City Attorney Land indicated that a motion to reconsider the annexation would bring the original motion back for Council consideration. Councilmember Lund motioned to reconsider the previous action approving the 1st Reading of the ordinance amendment for annexation, seconded by Councilmember Fox. 5 Ayes, 0 Nays. Councilmember Lund motioned to continue the 2nd Reading to the next Council meeting, seconded by Councilmember Pemble. 5 Ayes, 0 Nays. Fire and Ambulance Service Contract with Hastings Rural Fire Association Wietecha provided an overview of the Service Contract for Fire and Ambulance Services to the Hastings Rural Fire Association for 2023 – 2027. The City of Hastings has had a long-standing relationship to provide fire and ambulance service to the City of Vermillion and Ravenna, Marshan, Nininger, Denmark, and Vermillion Townships. The current contract ran through 2023, with the MOU extension through March 31, 2023. Wietecha explained the topics that were discussed with the Rural Fire Association membership – annual expenses, capital costs, and fair share. Council discussion on appreciation for moving it forward. Councilmember Fox motioned to approve as presented, seconded by Councilmember Pemble. 5 Ayes, 0 Nays. Personnel Policy Updates and Additions Wietecha reviewed the proposed personnel policy updates and additions. Following the 2022 updates to the Employee Handbook and the Compensation and Classification Study, there was interest in also 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 updating some of the policies related to employee benefits. The Administration Committee recommended 90 or more days from adoption to implementation with no policy to be applied retroactively. Council discussion on appreciation for the work on the policy updates as they are vital to the organization for the wellbeing of staff. Council discussion on the Compensation and Classification study the prior year helped to not only study wages, but also the view of the total compensation and employee experience. Council discussion on concerns about comp time accrual help staff manage time to be away or not be in a position to accrue so many hours, emphasizing the wellbeing of staff. Council discussion on the value of employees and supporting the policy changes demonstrates Council appreciation. Councilmember Haus motioned to approve as presented, seconded by Councilmember Fox. 5 Ayes, 0 Nays. Announcements • Tomorrow March 7, MNDOT will host an open house about the preliminary design options for the Highway 61 Project. Open House is 5 to 7 pm at City Hall. • The City of Hastings’ Makers Market is a place for area makers to sell their goods adjacent to our historic downtown and riverfront park. We welcome artists, makers, crafters, and small brands. There is no booth fee, but vendors are required to register. Please see the City website for details. • The Friends of Pleasant Hill Library used book sale will be March 23 to 26. They will begin accepting donations Saturday, March 18. • Applications for 2023 Community Investment Fund project proposals are open, with a first review of applications set for March 31, 2023. The City created the CIF last year to encourage and support community partnerships and community-driven projects. Meetings • Arts & Culture Commission Meeting on Wednesday, March 8, 2023 at 6:00 p.m. • HEDRA Meeting on Thursday, March 9, 2023 at 6:00 p.m. • Planning Commission Meeting on Monday, March 13, 2023 at 7:00 p.m. • Parks & Recreation Commission Meeting on Wednesday, March 15, 2023 at 6:00 p.m. • Operations Committee Meeting on Wednesday, March 15, 2023 at 7:00 p.m. • Public Safety Advisory Commission Meeting on Thursday, March 16, 2023 at 6:30 p.m. • City Council Workshop on Monday, March 20, 2023 at 5:30 p.m. • City Council Regular Meeting on Monday, March 20, 2023 at 7:00 p.m. Councilmember Pemble motioned to adjourn the meeting at 9:49 PM, seconded by Councilmember Haus. Ayes 5; Nays 0. _____________________________ ______________________________ Kelly Murtaugh, City Clerk Mary D. Fasbender, Mayor City Council Memorandum To: Mayor Fasbender & City Council Members From: Connie Lang – Accountant Date: 03/16/2023 Item: Disbursements Council Action Requested: Staff requests: Council review of February 2023 CenterPoint, Xcel, Wex, Health Insurance payments. Council review of weekly routine disbursements issued 03/14/2023. Council approval of routine disbursements, capital purchases and employee reimbursements to be issued 03/21/2023. 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: February 2023 Centerpoint Payment $ 27,541.90 February 2023 Xcel Payment $ 46,303.80 February 2023 Wex Admin Fee Payment $ 286.00 February 2023 Health Ins Payment $ 170,096.52 2023 Travelers Insurance Payment-Hydro $ 171,333.00 Disbursement Checks & EFT on 03/14/2023 $ 387,314.64 Disbursement Checks, Hedra & EFT to be issued on 03/21/2023 $ 557,921.86 Advisory Commission Discussion: N/A Council Committee Discussion: N/A Attachments: ● Disbursement Reports VIII-01 Department Account #Amount Police 101-140-1403-6345 85.04 City Hall 101-140-1404-6345 6,942.89 City Storage 101-140-1407-6345 1,452.46 Alt Learning Ctr 101-401-4143-6345 428.31 Parks 200-401-4440-6345 514.41 Jt Maint 200-401-4447-6345 2,189.13 Pool 201-401-4240-6345 200.06 Fire 213-210-2100-6345 2,418.47 Le Duc 220-450-4160-6345 1,211.49 Water 600-300-3300-6345 2,168.90 Water 600-300-3302-6345 464.91 Garage 601-300-3400-6345 1,740.86 Arena 615-401-4103-6345 7,724.97 TOTAL 27,541.90 CENTERPOINT ENERGY Feb-23 VIII-01 Xcel Acct #Amount Date Paid Account # 51-6960213-7 2,171.61 1-Feb 101-140-1403-6343 51-6960208-0 2,138.27 13-Feb 101-140-1404-6343 51-8110141-1 151.17 13-Feb 101-140-1407-6343 51-6960219-3 66.80 10-Feb 101-201-2016-6343 51-6960210-4 208.99 13-Feb 101-300-3100-6343 51-6960210-4 1,044.97 13-Feb 101-301-3200-6343 51-0011278454-9 227.77 13-Feb 101-302-3201-6343 51-0263715-0 687.68 13-Feb 101-302-3201-6343 51-6960218-2 15,830.36 21-Feb 101-302-3201-6343 51-6960215-9 2,170.33 8-Feb 200-401-4440-6343 51-0010048093-4 17.62 13-Feb 200-401-4440-6343 51-0011082067-5 438.23 13-Feb 200-401-4440-6343 51-6960220-6 1,034.15 10-Feb 200-401-4447-6343 51-6960209-1 286.74 31-Jan 201-401-4240-6343 51-6960214-8 1,058.31 10-Feb 213-210-2100-6343 51-7216831-9 684.44 13-Feb 220-450-4160-6343 51-6960216-0 11,552.05 1-Feb 600-300-3300-6343 51-6960210-4 835.98 13-Feb 600-300-3300-6343 51-6960216-0 3,735.92 1-Feb 600-300-3302-6343 51-6960217-1 1,588.55 8-Feb 601-300-3400-6343 51-6960212-6 373.86 2-Feb 620-300-3500-6343 46,303.80 Xcel Payments Feb 2023 Payments VIII-01 ACCOUNT DESCRIPTION ACCOUNT AMOUNT Employer Paid Health Ins. - Administration 101-105-1051-6131 8.25 Employer Paid Health Ins. - City Clerk 101-107-1071-6131 10.59 Employer Paid Health Ins. - Finance 101-120-1201-6131 16.50 Employer Paid Health Ins. - Maintenance 101-140-1401-6131 2.34 Employer Paid Health Ins. - Planning 101-150-1501-6131 2.75 Employer Paid Health Ins. - IT 101-160-1601-6131 5.50 Employer Paid Health Ins. - Police 101-201-2010-6131 90.75 Employer Paid Health Ins. -Building Safety 101-230-2301-6131 11.00 Employer Paid Health Ins.-Code Enforcement 101-230-2302-6131 2.75 Employer Paid Health Ins. - Engineering 101-300-3100-6131 6.46 Employer Paid Health Ins. - Streets 101-301-3200-6131 11.00 Employer Paid Health Ins. - Parks 200-401-4440-6131 27.50 Employer Paid Health Ins. - Aquatic 201-401-4240-6131 0.00 Employer Paid Health Ins.-- Cable 205-420-4201-6131 0.41 Employer Paid Health Ins. --Historical 210-170-1702-6131 0.69 Employer Paid Health Ins. - Fire 213-210-2100-6131 9.76 Employer Paid Health Ins. - Ambulance 213-220-2200-6131 39.74 Employer Paid Health Ins. - Leduc 220-450-4160-6131 0.41 Employer Paid Health Ins. - HRA 404-500-6003-6131 0.00 Employer Paid Health Ins. - Econ. Develop. 407-180-6003-6131 4.81 Employer Paid Health Ins. - Water 600-300-3300-6131 11.96 Employer Paid Health Ins. - Wastewater 601-300-3400-6131 8.39 Employer Paid Health Ins. - Storm Water 603-300-3600-6131 7.70 Employer Paid Health Ins. - Arena 615-401-4103-6131 5.50 Employer Paid Health Ins. - Hydro 620-300-3500-6131 1.24 TOTAL 286.00 Wex Health, Inc - Admin Fees Feb-23 VIII-01 ACCOUNT DESCRIPTION ACCOUNT # AMOUNT Medical Insurance Withholding 101-000-0000-2185 14,620.17 COBRA Paid Insurance 101-000-0000-2185 5,821.68 Employer Paid Health Ins. - City Clerk 101-107-1071-6131 2,329.83 Employer Paid Health Ins. - Administration 101-105-1051-6131 723.81 Employer Paid Health Ins. - Communications 101-107-1061-6131 1,378.53 Employer Paid Health Ins. - Maintenance 101-140-1401-6131 1,695.27 Employer Paid Health Ins. - Finance 101-120-1201-6131 4,401.52 Employer Paid Health Ins. - Planning 101-150-1501-6131 992.67 Employer Paid Health Ins. - IT 101-160-1601-6131 3,777.41 Employer Paid Health Ins. -Building Safety 101-230-2301-6131 4,762.55 Employer Paid Health Ins.-Code Enforcement 101-230-2302-6131 1,621.80 Employer Paid Health Ins. - Engineering 101-300-3100-6131 2,249.73 Employer Paid Health Ins. - Streets 101-301-3200-6131 3,387.99 Employer Paid Health Ins. - Police 101-201-2010-6131 34,956.82 Medical Insurance Withholding 213-000-0000-2185 4,747.63 Employer Paid Health Ins. - Fire 213-210-2100-6131 4,003.05 Employer Paid Health Ins. - Ambulance 213-220-2200-6131 16,025.32 Employer Paid Health Ins. - Parks 200-401-4440-6131 11,067.70 Medical Insurance Withholding 200-000-0000-2185 2,085.18 Employer Paid Health Ins. - Swimming Pool 201-401-4240-6131 0.00 Medical Insurance Withholding 205-000-0000-2185 104.26 Employer Paid Health Ins. - Cable 205-420-4201-6131 243.27 Employer Paid Health Ins. --Heritage 210-170-1702-6131 180.95 Medical Insurance Withholding 220-000-0000-2185 128.21 Employer Paid Health Ins. - Leduc 220-450-4160-6131 299.16 Medical Insurance Withholding 407-000-0000-2185 578.33 Employer Paid Health Ins. - Econ. Dev. 407-180-6003-6131 2,073.24 Medical Insurance Withholding 600-000-0000-2185 290.62 Employer Paid Health Ins. - Water 600-300-3300-6131 4,534.13 Medical Insurance Withholding 601-000-0000-2185 282.07 Employer Paid Health Ins. - Wastewater 601-300-3400-6131 3,293.83 Medical Insurance Withholding 603-000-0000-2185 629.60 Employer Paid Health Ins. - Storm Water 603-300-3600-6131 3,352.96 Medical Insurance Withholding 615-000-0000-2185 695.06 Employer Paid Health Ins. - Arena 615-401-4103-6131 2,424.81 Medical Insurance Withholding 620-000-0000-2185 0.00 Employer Paid Heatlh Ins. - Hydro 620-300-3500-6131 322.00 Employer Paid Health.Ins. - Retirees 701-600-6002-6131 30,015.36 TOTAL 170,096.52 Health Insurance Premiums February 2023 VIII-01 VIII-01 03-13-2023 08:24 AM Council Report MARCH 14TH PYMTS, 2023 PAGE: 1 DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_ ADMINISTRATION GENERAL SUN LIFE ASSUANCE COMPANY OF CANADA APR 2023 LTD PREMIUM 22.10 RACE FORWARD 23-24 MEMBERSHIP 1,000.00_ TOTAL: 1,022.10 CITY CLERK GENERAL SUN LIFE ASSUANCE COMPANY OF CANADA APR 2023 LTD PREMIUM 14.19 APR 2023 LTD PREMIUM 48.57 MINNESOTA OCCUPATIONAL HEALTH DRUG SCREEN 136.00 GOODHIRE STANDARD CHECK 114.00- STANDARD CHECK 114.00_ TOTAL: 198.76 FINANCE GENERAL SUN LIFE ASSUANCE COMPANY OF CANADA APR 2023 LTD PREMIUM 67.40_ TOTAL: 67.40 LEGAL GENERAL LEVANDER, GILLEN & MILLER, P.A. FEB 2023 RETAINER 2,213.71 FEB 2023 RETAINER 1,968.50 FEB 2023 RETAINER 806.00 FEB 2023 RETAINER 907.50 FEB 2023 RETAINER 728.50_ TOTAL: 6,624.21 FACILITY MANAGEMENT GENERAL SUN LIFE ASSUANCE COMPANY OF CANADA APR 2023 LTD PREMIUM 12.89 HOMETOWN ACE HARDWARE C.H. LIGHTBULBS-COMMUNITY 8.26 GORDY'S GLASS, INC. C.H. HINZMAN'S OFFICE WIND 543.75 DALCO PAPER TOWELS 124.59 ALTERNATIVE BUSINESS FURNITURE LOUNGE TABLE AND CHAIRS 9,777.54 TERRYS HARDWARE, INC. F.C. MISC SUPPLIES 47.25 F.D. FAUCET AERATOR 19.96 F.D. SINK PART 9.98 TRANE PARTS CENTER AIR COND. SERVICE CONTRACT 1,572.00 VIKING ELECTRIC SUPPLY F.D. ELECTRICAL PARTS 21.84 F.D. ELECTRICAL CORD CAPS 157.56_ TOTAL: 12,295.62 COMMUNITY DEVELOPMENT GENERAL SUN LIFE ASSUANCE COMPANY OF CANADA APR 2023 LTD PREMIUM 19.89_ TOTAL: 19.89 I.T. GENERAL SUN LIFE ASSUANCE COMPANY OF CANADA APR 2023 LTD PREMIUM 53.91 SHI INTERNATIONAL CORP GFI MAIL ESSENTIALS SUBSCR 1,248.00 PARAGON DEVELOPMENT SYSTEMS INC PROFESSIONAL SRVCS O365 PR 715.00 COMPUTER INTEGRATION TECHNOLOGIES SERVICES - WIRELESS ISSUES 792.00_ TOTAL: 2,808.91 POLICE GENERAL SUN LIFE ASSUANCE COMPANY OF CANADA APR 2023 LTD PREMIUM 654.86 NET TRANSCRIPTS, INC. CASE 23-000092 41.61 MARIE RIDGEWAY LICSW LLC EMPLOYEE CONSULTS 1,520.00 HOLIDAY STATIONSTORES LLC FEB 2023 CAR WASHES FOR PD 74.00 TRUAX PATIENT SERVICES, LLC REPLENISH NARCAN SUPPLY 237.50 DAKOTA 911 DCC FEE/2023 APRIL 29,679.33 DAKOTA ELECTRIC ASSN ELECTRIC-EMERGENCY MGMT 17.69_ TOTAL: 32,224.99 BUILDING & INSPECTIONS GENERAL SUN LIFE ASSUANCE COMPANY OF CANADA APR 2023 LTD PREMIUM 67.72 APR 2023 LTD PREMIUM 15.22 GORDY'S GLASS, INC. WINDSHIELD REPLACEMENT 898.40 BRIGHTLY SOFTWARE, INC. CUSTOM REPORTS/ADMIN CITAT 1,500.00 VIII-01 03-13-2023 08:24 AM Council Report MARCH 14TH PYMTS, 2023 PAGE: 2 DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_ _______________ TOTAL: 2,481.34 PUBLIC WORKS GENERAL SUN LIFE ASSUANCE COMPANY OF CANADA APR 2023 LTD PREMIUM 44.70 W.W. GRAINGER, INC. P.W. AIR FILTERS 89.52_ TOTAL: 134.22 PUBLIC WORKS STREETS GENERAL EDEL OIL SERVICE, INC. OIL DRUM, FLOOR DRY, OIL R 585.00 RCM SPECIALTIES, INC. EMULSION AND FA2 1,180.70 PRECISE MOBILE RESOURCE MGMT. LLC 10MB DATA PLAN 150.00 SUN LIFE ASSUANCE COMPANY OF CANADA APR 2023 LTD PREMIUM 71.84 COLE PAPERS, INC. BAGS FOR PUBLIC WORKS 787.80 DALCO PAPER TOWELS 124.59 FORCE AMERICA LITHIUM BATTERIES 40.48_ TOTAL: 2,940.41 PARKS & RECREATION PARKS TRI-STATE BOBCAT, INC. TOOL CAT REPAIRS 154.59 SUN LIFE ASSUANCE COMPANY OF CANADA APR 2023 LTD PREMIUM 157.07 BAUER BUILT INC TIRES FOR DUMPTRUCK 1,793.44 HOMETOWN ACE HARDWARE FASTENERS FOR TRUCK 4.38 FASTENERS FOR TRUCK 4.30 MISC. SUPPLIES 62.84 GRAFITTI REMOVAL SUPPLIES 118.88 SPIN CITY LAUNDROMAT, LLC. WASHED RAGS 25.00 NAPA AUTO PARTS GLOVES AND TOWELS 41.27 LENS AND LIGHTS 57.11 HYDRO FLUID 55.80 TOOL CAT SUPPLIES 32.11 SUPPLIES FOR WIRING ON TRU 56.22 BOOSTER CABLES FOR TRUCK R 111.99 FUSE FOR TRUCK 8.13 RELAY 26.11 RELAY RETURN/TANK WELD 0.37 COLE PAPERS, INC. BAGS FOR PARKS 787.80 CHEMSEARCH SUPPLIES FOR JMF 932.25 H & L MESABI CUTTING EDGE FOR HOLDER 270.00 MN DEPT OF AGRICULTURE PEST RECERT-6 STAFF 90.00 NIEBUR TRACTOR & EQUIPMENT, INC. TRACTOR REPAIR 188.24 COUPLER FOR TRACTOR 36.49 PRECISION LANDSCAPING & CONSTRUCTION PLOW REPAIRS 541.57 SHERWIN-WILLIAMS TAPE FOR GARBAGE 86.11 TERRYS HARDWARE, INC. SUPPLIES FOR SPRAYER REPAI 4.97 SPRAYER HOSE REPAIR AND PA 25.69 SPRAY PAINT 7.79_ TOTAL: 5,680.52 PARKS & RECREATION AQUATIC CENTER W.W. GRAINGER, INC. POOL TEMP GAUGE 108.80_ TOTAL: 108.80 CABLE CABLE TV SUN LIFE ASSUANCE COMPANY OF CANADA APR 2023 LTD PREMIUM 2.50_ TOTAL: 2.50 HERITAGE PRESERVATION HERITAGE PRESERVAT SUN LIFE ASSUANCE COMPANY OF CANADA APR 2023 LTD PREMIUM 4.80_ TOTAL: 4.80 FIRE FIRE & AMBULANCE IMAGE TREND, INC. MONTHLY FEE 675.00 PHASE 2 289.83 VIII-01 03-13-2023 08:24 AM Council Report MARCH 14TH PYMTS, 2023 PAGE: 3 DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_ SUN LIFE ASSUANCE COMPANY OF CANADA APR 2023 LTD PREMIUM 65.19 SUPERIOR DIVING REPAIR, INC. REPAIR TO ICE RESCUE WATER 116.00 COLE PAPERS, INC. SCBA PROT GEAR DECON DETER 126.44 DAKOTA 911 DCC FEE/2023 APRIL 14,839.67 EMERGENCY APPARATUS MAINT WHEEL WELL LINER FOR E4 598.27 TERRYS HARDWARE, INC. STATION SUPPLIES 6.79_ TOTAL: 16,717.19 AMBULANCE FIRE & AMBULANCE SUN LIFE ASSUANCE COMPANY OF CANADA APR 2023 LTD PREMIUM 261.46 EXPERT BILLING, LLC ELECTRONIC AMB BILLING-170 4,760.00 HENRY SCHEIN, INC. MEDICAL SUPPLIES 40.50 DANIELS HEALTH HAZ-WASTE 197.30 LINDE GAS & EQUIPMENT INC. OXYGEN 253.37 OXYGEN 1,409.16 OXYGEN 196.15_ TOTAL: 7,117.94 LEDUC LEDUC HISTORIC EST SUN LIFE ASSUANCE COMPANY OF CANADA APR 2023 LTD PREMIUM 2.28 TOTAL MECHANICAL SERVICES, INC. L.D. BOILER REPAIRS/PARTS 385.00 ELECTRO WATCHMAN, INC L.D. SRVC CALL FOR ALARM P 240.00_ TOTAL: 627.28 ECONOMIC DEVELOPMENT HEDRA SUN LIFE ASSUANCE COMPANY OF CANADA APR 2023 LTD PREMIUM 16.58 LEVANDER, GILLEN & MILLER, P.A. FEB 2023 RETAINER 174.00 FEB 2023 RETAINER 903.18 DAKOTA COUNTY CDA OPEN TO BUSINESS PARTICIPA 5,150.00_ TOTAL: 6,243.76 PUBLIC WORKS WATER FERGUSON WATERWORKS CLAMPS 397.81 SUN LIFE ASSUANCE COMPANY OF CANADA APR 2023 LTD PREMIUM 74.09 LEVANDER, GILLEN & MILLER, P.A. FEB 2023 RETAINER 36.29 DAKOTA ELECTRIC ASSN ELECTRIC-WATER DEPT. 162.33 GOPHER STATE ONE-CALL INC LOCATES-FEBRUARY 40.50_ TOTAL: 711.02 PUBLIC WORKS WASTEWATER SUN LIFE ASSUANCE COMPANY OF CANADA APR 2023 LTD PREMIUM 53.07 DAKOTA ELECTRIC ASSN ELECTRIC-WASTEWATER 204.45 ELECTRIC-WASTEWATER 120.84 MCES WASTEWATER SRVS-APRIL 2023 138,272.63_ TOTAL: 138,650.99 PUBLIC WORKS STORM WATER UTILIT SUN LIFE ASSUANCE COMPANY OF CANADA APR 2023 LTD PREMIUM 55.50_ TOTAL: 55.50 PARKS & RECREATION ARENA WATSON COMPANY CONCESSION SUPPLIES, FUEL 631.26 MAJESKI PLUMBING & HEATING REPLACED INDUCER MOTOR 1,456.31 INTERNATIONAL CHEMTEX LLC COOLING TOWER CHEMICALS 317.85 HUEBSCH LAUNDRY CO. ENTRY RUG SERVICE 38.63 ENTRY RUG SERVICE 38.63 SUN LIFE ASSUANCE COMPANY OF CANADA APR 2023 LTD PREMIUM 32.82 QUALITY PROPANE OF MN PROPANE 129.27 FARMER BROS CO. CONCESSION SUPPLIES 255.54 R & R SPECIALTIES, INC. BLADE SHARPENING 110.00 SYSCO, MINNESOTA CONCESSION SUPPLIES 1,446.57 CONCESSION SUPPLIES 1,177.80_ TOTAL: 5,634.68 VIII-01 03-13-2023 08:24 AM Council Report MARCH 14TH PYMTS, 2023 PAGE: 4 DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_ PUBLIC WORKS HYDRO ELECTRIC SUN LIFE ASSUANCE COMPANY OF CANADA APR 2023 LTD PREMIUM 6.51_ TOTAL: 6.51 MISCELLANEOUS INSURANCE FUND LEAGUE OF MN CITIES INS TRST WC CLAIM #00477460 299.75 WC CLAIM #00483203 240.61_ TOTAL: 540.36 NON-DEPARTMENTAL ESCROW - DEV/ENG/T LEVANDER, GILLEN & MILLER, P.A. FEB 2023 RETAINER 211.00 FEB 2023 RETAINER 40.50 DUANE R WALLIN & WINSTON R WALLIN LLLP PARTIAL RELEASE OF CASH ES 144,143.44_ TOTAL: 144,394.94 =============== FUND TOTALS ================ 101 GENERAL 60,817.85 200 PARKS 5,680.52 201 AQUATIC CENTER 108.80 205 CABLE TV 2.50 210 HERITAGE PRESERVATION 4.80 213 FIRE & AMBULANCE 23,835.13 220 LEDUC HISTORIC ESTATE 627.28 407 HEDRA 6,243.76 600 WATER 711.02 601 WASTEWATER 138,650.99 603 STORM WATER UTILITY 55.50 615 ARENA 5,634.68 620 HYDRO ELECTRIC 6.51 705 INSURANCE FUND 540.36 807 ESCROW - DEV/ENG/TIF-HRA 144,394.94 -------------------------------------------- GRAND TOTAL: 387,314.64 -------------------------------------------- TOTAL PAGES: 4 VIII-01 03-16-2023 09:46 AM Council Report MARCH 21ST PYMTS, 2023 PAGE: 1 DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_ NON-DEPARTMENTAL GENERAL METROPOLITAN COUNCIL ENVIRONMENTAL SER FEBRUARY SAC 54,123.30_ TOTAL: 54,123.30 COUNCIL & MAYOR GENERAL DAVID PEMBLE REIMBURSE FOR LMC EVENT ME 20.00_ TOTAL: 20.00 ADMINISTRATION GENERAL MARUDAS GRAPHICS, INC. PRINTED CHECK STOCK FOR AP 552.53_ TOTAL: 552.53 CITY CLERK GENERAL GRAPHIC DESIGN SPRING NEWSLETTER 4,790.63_ TOTAL: 4,790.63 FINANCE GENERAL AMERICAN ACCOUNTS & ADVISERS, INC. COLLECTION FEE 121.22_ TOTAL: 121.22 FACILITY MANAGEMENT GENERAL SPIN CITY LAUNDROMAT, LLC. P.D. TOWELS 25.00 TOTAL MECHANICAL SERVICES, INC. F.D. RADIANT CEILING HEAT 1,055.50 C.H. BOILER #1 REPAIR 2,372.25 BATHRICK'S APPLIANCE INC F.D. FURNACE AND AC 13,000.00 ECOLAB PEST ELIMINATION DIVISION C.S. PEST CONTROL 84.26 TERRYS HARDWARE, INC. F.C. PACKING TAPE/BOX CUTT 13.45 C.H. GATE PARTS 7.57 C.H. MISC. PARTS 16.07 C.H. ELECTRICAL PARTS 13.27_ TOTAL: 16,587.37 I.T. GENERAL OFFICE OF MN.IT SERVICES WAN/USAGE FEB 23 515.15 SHI INTERNATIONAL CORP DOCUMENT SCANNER (REPLACEM 402.00 CIVICPLUS, LLC MUNICODE ANNUAL SUBSCRIPTI 3,700.00_ TOTAL: 4,617.15 POLICE GENERAL LAWRENCE INTERIORS CAPRET INSTALL 1,257.84 SYMBOLARTS, LLC BADGE FOR OFC. WALSER 135.00 ENTERPRISE FM TRUST MONTHLY LEASE 442.97 MONTHLY LEASE 409.04 MONTHLY LEASE 398.71 MONTHLY LEASE 520.24 MONTHLY LEASE 541.29 MONTHLY LEASE 398.71 SHRED RIGHT MARCH SERVICE FEES 17.73 ALL, INC. PD LUNCH ROOM APPIANCES 3,239.00 SOUTH EAST TOWING OF HASTINGS INC MARCH 2023 LOT RENT 195.00_ TOTAL: 7,555.53 BUILDING & INSPECTIONS GENERAL SOUTHEAST MN CODE OFFICIALS ANNUAL MEMBERSHIP-DUNN/BAC 80.00_ TOTAL: 80.00 PUBLIC WORKS STREETS GENERAL ROAD EQUIPMENT PARTS CENTER MISC. AIR/LUBE FILTERS 96.51 MISC. AIR/LUBE FILTERS 171.37 ACE TRAILER SALES GREASE SEALS 37.80 BOYER FORD TRUCKS/DBA ALLIANCE ELBOW 14.72 HOSE-PRESS STRG CRIM 46.73 CARTIDGE-AIR DRYER 53.98 BATTERY CREDIT 123.12- WESTERN STAR SINGLE AXLE C 100,167.00 CARGILL INCORPORATED CLEAR LANE DEICER 89.06 TO 9,553.47 VIII-01 03-16-2023 09:46 AM Council Report MARCH 21ST PYMTS, 2023 PAGE: 2 DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_ ELECTRO WATCHMAN, INC PROGRAMMING PW CODES 25.00 RIVER COUNTRY COOPERATIVE FEB 2023 294.25 FEB 2023 443.75 NINE EAGLES PROMOTIONS WORK CLOTHING-SCHUTT 290.00 NUSS TRUCK & EQUIPMENT BRAKE FLUID 83.76_ TOTAL: 111,155.22 PARKS & RECREATION GENERAL GRAPHIC DESIGN SPRING NEWSLETTER 855.83_ TOTAL: 855.83 PARKS & RECREATION PARKS WILDSIDE GRAPHIX ADOPT A PARK DECALS/SIGN 672.50 CITY OF ROSEMOUNT SHARED RECYCLING COORDINAT 7,873.15 SCHLOMKA'S PORTABLE RESTROOMS & MOBILE FEBRUARY 2023 SERVICES 490.00 HOMETOWN ACE HARDWARE GLOVES AND HAND SOAP 45.52 ANCHORS FOR TABLES 41.84 CONCRETE MIX 71.93 SUPPLIES TO FIX DOG PARK G 13.62 HAND SANITIZER AND COIL CL 14.92 SUPPLIES FOR SHOP 52.32 REPAIRS TO LEVEE BATHROOMS 112.36 ENTERPRISE FM TRUST MONTHLY LEASE 753.40 MONTHLY LEASE 753.40 NAPA AUTO PARTS OIL DRY AND FLUIDS 70.71 THE 22ND ROW PERFORMANCE 6/8/23 2,100.00 MN DEPT LABOR & INDUSTRY PRESSURE VESSEL AT PARK BL 10.00 PRECISION LANDSCAPING & CONSTRUCTION CAP FOR PLOW 44.49 TERRYS HARDWARE, INC. BOLTS 8.76 CHAIN LUBE AND SPRAY 26.77_ TOTAL: 13,155.69 PARKS & RECREATION AQUATIC CENTER MN DEPARTMENT OF HEALTH LICENSE RENEWAL APP-POOL 670.00 FERGUSON ENTERPRISES INC BOILER PARTS 153.73_ TOTAL: 823.73 FIRE FIRE & AMBULANCE HOMETOWN ACE HARDWARE STORAGE HOOKS 6.29 SCOTT WITTL LUGGAGE FEES REIMBURSEMENT 140.00 BOYER FORD TRUCKS/DBA ALLIANCE REPAIR ORDER VOIDED 496.62- TOTAL: 350.33- AMBULANCE FIRE & AMBULANCE McKESSON MEDICAL-SURGICAL GOV. SOLUTIO MEDICAL SUPPLIES 86.52 MEDICAL SUPPLIES 187.88 EVEREST EMERGENCY VEHICLES, INC. INSTALL ANTENNA MEDIC 1 220.70 BRINDLEE MOUNTAIN FIRE APPARATUS, LLC LISTING SALE OF AMBULANCE 4,500.00 BOUND TREE MEDICAL LLC MEDICAL SUPPLIES 769.48 MEDICAL SUPPLIES 40.58 MEDICAL SUPPLIES 42.77 CENTURY COLLEGE AHA ANNUAL TRAINING/MEMBER 150.00 HASTINGS FORD REPAIR TO MEDIC 1 587.64 LINDE GAS & EQUIPMENT INC. OXYGEN 196.15_ TOTAL: 6,781.72 LEDUC LEDUC HISTORIC EST TERRYS HARDWARE, INC. L.D. MISC. PARTS 27.10_ TOTAL: 27.10 PARKS & RECREATION PARKS CAPITAL PROJ ISG LAKE ISABEL PROJECT 715.00_ TOTAL: 715.00 VIII-01 03-16-2023 09:46 AM Council Report MARCH 21ST PYMTS, 2023 PAGE: 3 DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_ DEBT TIF 3 GUARDIAN ANG DAKOTA COUNTY PROPERTY RECORDS 2022 TIF MAINTENANCE 678.00_ TOTAL: 678.00 ECONOMIC DEVELOPMENT HEDRA MAVO SYSTEMS, INC. HUDSON-ENCAPSULANT TOUCHUP 8,682.30_ TOTAL: 8,682.30 NON-DEPARTMENTAL TIF 5 NAPA DAKOTA COUNTY PROPERTY RECORDS 2022 TIF MAINTENANCE 648.00_ TOTAL: 648.00 NON-DEPARTMENTAL TIF 7 HUDSON SPRAY DAKOTA COUNTY PROPERTY RECORDS 2022 TIF MAINTENANCE 768.00_ TOTAL: 768.00 INVALID DEPARTMENT TIF 8 SCHOOLHOUSE DAKOTA COUNTY PROPERTY RECORDS 2022 TIF MAINTENANCE 993.00_ TOTAL: 993.00 NON DEPARTMENTAL PW Cold Storage Bu ISG PW STORAGE BLDG-CONST PHAS 2,102.50_ TOTAL: 2,102.50 PUBLIC WORKS WATER ENTERPRISE FM TRUST MONTHLY LEASE 668.06 VALLEY-RICH CO., INC. WATERMAIN REPAIR-4TH ST & 7,079.00 WATERMAIN REPAIR-STATE & 5 5,683.00 CORE & MAIN LP 3/4" IPERL WATER METERS 3,260.88 SHERWIN-WILLIAMS PAINTING SUPPLIES 83.98 PAINTING SUPPLIES 21.40 SOLBERG AGGREGATE COMPANY 1" CLASS 5 100% CRUSHED LI 208.73_ TOTAL: 17,005.05 PUBLIC WORKS WASTEWATER ENTERPRISE FM TRUST MONTHLY LEASE 676.08 KODIAK POWER SYSTEMS GLENDALE HTS LIFT REPAIR 4,077.20 QUALITY FLOW SYSTEMS, INC. SUBM PUMP, HANDLE, CHAIN, 11,568.00 VALVE 1,410.00_ TOTAL: 17,731.28 PARKS & RECREATION ARENA QUALITY PROPANE OF MN PROPANE 136.91 SUNBELT RENTALS, INC FLOOR GRINDING MACHINE REN 206.06 TOTAL MECHANICAL SERVICES, INC. BOILER REPAIR PARTS/LABOR 1,591.00 R & R SPECIALTIES, INC. BLADE SHARPENING 110.00 SYSCO, MINNESOTA CONCESSION SUPPLIES 695.84_ TOTAL: 2,739.81 PUBLIC WORKS HYDRO ELECTRIC AVANT ENERGY, INC. REC MANAGEMENT FEES 593.36 RIVER COUNTRY COOPERATIVE FEB 2023 297.00 FEB 2023 913.00_ TOTAL: 1,803.36 MISCELLANEOUS INSURANCE FUND LEAGUE MN CITIES INSURANCE TRUST 2023 PROPERTY-CASUALTY COV 159,044.00 FIRST INSTALLMENT WC 124,022.00 VIII-01 03-16-2023 09:46 AM Council Report MARCH 21ST PYMTS, 2023 PAGE: 4 * REFUND CHECKS * DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_ NON-DEPARTMENTAL WATER LANGESLAY, BRUCE US REFUNDS 63.16 OSMEK, JEANNE US REFUNDS 17.86 CREATIVE HOMES INC US REFUNDS 11.85_ TOTAL: 283,158.87 =============== FUND TOTALS ================ 101 GENERAL 200,458.78 200 PARKS 13,155.69 201 AQUATIC CENTER 823.73 213 FIRE & AMBULANCE 6,431.39 220 LEDUC HISTORIC ESTATE 27.10 401 PARKS CAPITAL PROJECTS 715.00 405 TIF 3 GUARDIAN ANGELS 678.00 407 HEDRA 8,682.30 408 TIF 5 NAPA 648.00 411 TIF 7 HUDSON SPRAYERS 768.00 412 TIF 8 SCHOOLHOUSE SQUARE 993.00 416 PW Cold Storage Building 2,102.50 600 WATER 17,097.92 601 WASTEWATER 17,731.28 615 ARENA 2,739.81 620 HYDRO ELECTRIC 1,803.36 705 INSURANCE FUND 283,066.00 -------------------------------------------- GRAND TOTAL: 557,921.86 -------------------------------------------- TOTAL PAGES: 4 VIII-01 City Council Memorandum To: Mayor Fasbender & City Councilmembers From: Emily King, Deputy City Clerk Date: March 20, 2023 Item: Approve New Massage Therapist License for Kristen Layman Council Action Requested: Adopt the attached resolution approving the New Massage Therapist License for Kristen Layman. 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. The City has received and reviewed Ms. Layman’s application for a new massage therapist license 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-02 CITY OF HASTINGS COUNTIES OF DAKOTA AND WASHINGTON RESOLUTION NO. 03 - - 23 A RESOLUTION APPROVING MASSAGE THERAPIST LICENSE RENEWAL FOR KRISTEN LAYMAN WHEREAS, the City has received and reviewed Ms. Layman’s application for the renewal of her massage therapist license; 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 new massage therapist license for Kristen Layman is approved for the January 1, 2023 – December 31, 2023 licensing period. Adopted on this 20th day of March, 2023. _______________________________ Mary D. Fasbender, Mayor Attest: _____________________________ Kelly Murtaugh, City Clerk VIII-02 City Council Memorandum To: Mayor Fasbender & City Councilmembers From: Emily King, Deputy City Clerk Date: March 20, 2023 Item: Dugarel’s Outdoor Music Tent and Liquor License Amendment Request Council Action Requested: Adopt the attached resolution for an outdoor music tent and liquor license amendment for Dugarel’s. Background Information: Jessie Ritter of Dugarel’s, 3475 Vermillion Street, submitted an outdoor music tent and liquor license amendment application for Friday and Saturday, July 14 and 15, 2023 from 9:00 p.m. to midnight both days. The liquor license amendment allows liquor to be served within the confines of the fenced area around the music tent. Similar requests from Dugarel’s have been previously approved by the City Council. Staff reviewed the application and recommend approval of the event subject to the following conditions: • Access and exit points from the alcohol service areas must be staffed with security personnel at all times during service hours. • Staff/security are to wear recognized shirts to distinguish them as employees and security. • Security personnel are expected to immediately report to the Hastings Police Department any traffic safety issues, disorderly conduct, or criminal behavior that may affect the safety of the event organizers, attendees, or the surrounding community. • Radios issued to door staff so they can be in constant communication about people turned away or removed and are to be watched. • Keep the trespass list at the front door visible and accessible to all staff. • ID scanners will be used to ensure compliance with the Minnesota alcohol consumption possession statutes. • Outdoor security cameras will be in place. All video on the new system will be kept for 3 weeks. • Alcoholic beverages may not be permitted outside the designated/fenced area. • No party buses. • Five additional security guards from ASIA Security will be hired in addition to four security guards from Dugarel’s. All security guards will have radios to communicate with each other at all times. • A minimum of three security personnel are to be working (not on break) at one time. • All staff that closes or serves alcohol are required to have attended responsible beverage server training, even if they attended with the last 3 years. • Regular walk-throughs of the parking lot and perimeter by security. • At closing time, the Security Staff will remain in the parking lot until all patrons have left. • Last call will by 1:35 am. VIII-03 • Music to cease by midnight. • Proof of insurance for the temporary liquor sales must be received by City staff in advance of the events. • Tent inspection by the Fire/EMS Department to address proper safety items prior to the event. Financial Impact: The associated fee has been paid. Advisory Commission Discussion: N/A Council Committee Discussion: N/A Attachments: • Resolution VIII-03 CITY OF HASTINGS DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 03 - - 23 RESOLUTION APPROVING OUTDOOR MUSIC TENT AND LIQUOR LICENSE AMENDMENT FOR DUGAREL’S WHEREAS, Ms. Jessie Ritter, on behalf of Dugarel’s, 3475 Vermillion Street, presented an application to the City of Hastings for an outdoor music tent and liquor license amendment to serve liquor within the confines of a fenced area on July 14 and 15, 2023 from 9:00 p.m. to midnight; and WHEREAS, approval is contingent upon the City receiving the permit fee; and WHEREAS, the request is subject to the following conditions; and • Access and exit points from the alcohol service areas must be staffed with security personnel at all times during service hours. • Staff/security are to wear recognized shirts to distinguish them as employees and security. • Security personnel are expected to immediately report to the Hastings Police Department any traffic safety issues, disorderly conduct, or criminal behavior that may affect the safety of the event organizers, attendees, or the surrounding community. • Radios issued to door staff so they can be in constant communication about people turned away or removed and are to be watched. • Keep the trespass list at the front door visible and accessible to all staff. • ID scanners will be used to ensure compliance with the Minnesota alcohol consumption possession statutes. • Outdoor security cameras will be in place. All video on the new system will be kept for 3 weeks. • Alcoholic beverages may not be permitted outside the designated/fenced area. • No party buses. • Five additional security guards from ASIA Security will be hired in addition to four security guards from Dugarel’s. All security guards will have radios to communicate with each other at all times. • A minimum of three security personnel are to be working (not on break) at one time. • All staff that closes or serves alcohol are required to have attended responsible beverage server training, even if they attended with the last 3 years. • Regular walk-throughs of the parking lot and perimeter by security. • At closing time, the Security Staff will remain in the parking lot until all patrons have left. • Last call will by 1:35 am. • Music to cease by midnight. • Proof of insurance for the temporary liquor sales must be received by City staff in advance of the events. • Tent inspection by the Fire/EMS Department to address proper safety items prior to the event. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hastings that Dugarel’s outdoor music tent and liquor license amendment is approved. ADOPTED BY THE CITY COUNCIL OF THE CITY OF HASTINGS THIS 20th DAY OF MARCH 2023. VIII-03 ATTEST: ________________________________ Mary D. Fasbender, Mayor _________________________________ Kelly Murtaugh, City Clerk VIII-03 City Council Memorandum To: Mayor Fasbender & City Councilmembers From: Chris Jenkins, Parks & Recreation Director Date: March 20, 2023 Item: Downtown Planters & Baskets Council Action Requested: Accept quote and approve contract with Precision Landscaping & Construction, INC. Background Information: The City of Hastings hires a contractor to perform beautification efforts in Downtown Hastings. The effort includes planting and maintaining all of the ground level planters and installing and maintaining hanging flower baskets. The effort also includes a change to winter décor in the late fall/early winter. Staff solicited quotes for these services from three local vendors and Precision was the only respondent. This is similar response to past solicitations for quotes for these specific services. Staff did include an option to renew this contract annually for up to 2 years (2024 and 2025) without additional solicitation and at City discretion. Staff recommend accepting the quote and approving the contract for services attached. Financial Impact: This is an annual budget expense. Advisory Commission Discussion: None Council Committee Discussion: None Attachments: ▪ Contract for services and quote. VIII-04 1 AGREEMENT FOR SERVICES Downtown Planters and Hanging Baskets THIS AGREEMENT (“Agreement”) is made and executed this 20th day of March, 2023, by and between the City of Hastings, 101 4th Street, Hastings, Minnesota 55033, (“City”) and Precision Landscaping & Construction, INC, 14923 Jacob Ave, Hastings, MN 55033 (“Contractor”). WHEREAS, the City has accepted the proposal of the Contractor for certain Services; and WHEREAS, Contractor desires to perform the Services for the City under the terms and conditions set forth in this Agreement. NOW THEREFORE, in consideration of the mutual consideration contained herein, it is hereby agreed as follows: 1. SERVICES. a. City agrees to engage Contractor as an independent contractor for the purpose of performing certain Services (“Services”), as defined in the following documents: i. A proposal dated February 10, 2023 , incorporated herein as Exhibit A; (Hereinafter “Exhibit.”) Where terms and conditions of this Agreement and those terms and conditions included in the Exhibit specifically conflict, the terms of this Agreement shall apply. b. Contractor covenants and agrees to provide Services to the satisfaction of the City in a timely fashion, as set forth in the Exhibit, subject to Section 9 of this Agreement. c. Contractor agrees to comply with all federal, state, and local laws and ordinances applicable to the Services to be performed under this Agreement, including all safety standards. The Contractor shall be solely and completely responsible for conditions of the job site, including the safety of all persons and property during the performance of the Services. The Contractor represents and warrants that it has the requisite training, skills, and experience necessary to provide the Services and is appropriately licensed and has obtained all permits from all applicable agencies and governmental entities. 2. PAYMENT. a. City agrees to pay the Contractor and the Contractor agrees to receive and accept payment for Services as set forth in the Exhibit. VIII-04 2 b. Any changes in the scope of the work of the Services that may result in an increase to the compensation due the Contractor shall require prior written approval by the authorized representative of the City or by the City Council. The City will not pay additional compensation for Services that do not have prior written authorization. c. Contractor shall submit itemized bills for Services provided to City on a monthly basis, unless otherwise stated in the Exhibit. Bills submitted shall be paid in the same manner as other claims made to City. d. Prior to payment, the Contractor will submit evidence that all payrolls, material bills, subcontractors and other indebtedness connected with the Services have been paid as required by the City. 3. TERM. The term of this Agreement is identified in the Exhibit. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the same terms and conditions as herein stated. 4. BONDS. If the Services provided by Contractor as set forth in the Exhibit and this Agreement exceeds $100,000, Contractor shall furnish performance and payments bonds covering faithful performance of all the Contractor’s obligations, including without limitation warranty obligations, and of all payment of obligations arising under this Agreement. 5. TERMINATION AND REMEDIES. a. Termination for Convenience. This Agreement may be terminated by either party upon 30 days’ written notice delivered to the other party at the addresses listed in Section 15 of this Agreement. Upon termination under this provision, if there is no default by the Contractor, Contractor shall be paid for Services rendered and reimbursable expenses 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 fifteen (15) calendar days from the date of the termination notice to cure or to submit a plan for cure that is acceptable to the other party. c. Remedies. Notwithstanding the above, the Contractor 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 Contractor. The City may, in such event: i. Withhold payments due to the Contractor for the purpose of set-off until such time as the exact amount of damages due to the City is determined. VIII-04 3 ii. Perform the Services, in which case, the Contractor shall within 30 days after written billing by the City, reimburse the City for any costs and expenses incurred by the City. The rights or remedies provided for herein shall not limit the City, in case of any default by the Contractor, from asserting any other right or remedy allowed by law, equity, or by statute. d. Upon termination of this Agreement, the Contractor shall furnish to the City copies or duplicate originals of all documents or memoranda prepared for the City not previously furnished. 6. SUBCONTRACTORS. Contractor shall not enter into subcontracts for any of the Services provided for in this Agreement without the express written consent of the City, unless specifically provided for in the Exhibit. The Contractor shall pay any subcontractor involved in the performance of this Agreement within the ten (10) days of the Contractor’s receipt of payment by the City for undisputed services provided by the subcontractor. 7. STANDARD OF CARE. In performing its Services, Contractor will use that degree of care and skill ordinarily exercised, under similar circumstances, by reputable members of its profession in the same locality at the time the Services are provided. 8. INSPECTION OF WORK. All materials and workmanship will be subject to inspection, examination, and testing by the City, who will have the right to reject defective material and workmanship or require its correction. 9. DELAY IN PERFORMANCE. Neither City nor Contractor 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 Contractor 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. Contractor will be entitled to payment for its reasonable additional charges, if any, due to the delay. 10. CITY’S REPRESENTATIVE. The City has designated CHRIS JENKINS to act as the City’s representative with respect to the Services to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City’s policy and decisions with respect to the Services covered by this Agreement. VIII-04 4 11. PROJECT MANAGER AND STAFFING. The Contractor has designated JOBY NOLAN to be the primary contact for the City in the performance of the Services. The primary contact shall be assisted by other staff members as necessary to facilitate the completion of the Services in accordance with the terms established herein. Contractor may not remove or replace the designated staff without the approval of the City. 12. INDEMNIFICATION. a. Contractor and City each agree to defend, indemnify, and hold harmless each other, its agents and employees, from and against legal liability for all claims, losses, damages, and expenses to the extent such claims, losses, damages, or expenses are caused by its negligent acts, errors, or omissions. In the event claims, losses, damages, or expenses are caused by the joint or concurrent negligence of Contractor and City, they shall be borne by each party in proportion to its own negligence. b. Contractor shall indemnify City against legal liability for damages arising out of claims by Contractor’s employees or subcontractors, including all liens. City shall indemnify Contractor against legal liability for damages arising out of claims by City’s employees or subcontractors. 13. INSURANCE. During the performance of the Services under this Agreement, Contractor shall maintain the following insurance: a. Commercial General Liability Insurance, with a limit of $1,500,000 for any number of claims arising out of a single occurrence, pursuant to Minnesota Statutes, Section 466.04, or as may be amended; b. Workers’ Compensation Insurance in accordance with statutory requirements. c. Automobile Liability Insurance, with a combined single limit of $1,000,000 for each person and $1,000,000 for each accident. Contractor shall furnish the City with certificates of insurance, which shall include a provision that such insurance shall not be canceled without written notice to the City. The City shall be named as an additional insured on the Commercial General Liability Insurance policy. 14. WARRANTIES. Contractor warrants and guarantees that title to all work, materials, and equipment covered by any invoice, will pass to City no later than the Completion Date. Contractor warrants that all work will be free from defects and that all materials will be new and of first quality. If within one (1) year after final payment any work or material is found to be defective, Contractor shall promptly, without cost to the City, correct such defect. 15. NOTICES. Notices shall be communicated to the following addresses: VIII-04 5 If to City: City of Hastings 101 4th Street Hastings, MN 55033 Attention: Chris Jenkins Or e-mailed: cjenkins@hastingsmn.gov If to Contractor: Precision Landscaping & Construction, INC 14923 Jacob Ave Hastings, MN 55033 Attention: Joby Nolan Or emailed: joby@precisionlandscape-inc.com 16. INDEPENDENT CONTRACTOR STATUS. All services provided by Contractor, its officers, agents and employees pursuant to this Agreement shall be provided as employees of Contractor or as independent contractors of Contractor and not as employees of the City for any purpose. 17. RESPONSIBLE CONTRACTOR. a. In accordance with Minnesota Statutes, Section 16C.285, Contractor is hereby advised that the City cannot award a construction contract in excess of $50,000 unless Contractor is a “responsible contractor” as defined in Minnesota Statutes, Section 16C.285, subdivision 3. Contractor must complete a Responsible Contractor Certificate verifying compliance with the minimum criteria specified in Minnesota Statutes, Section 16C.285, subdivision 3, to be eligible to provide the Services outlined in this Agreement. A Responsible Contractor Certificate must be signed under oath by an owner or officer of Contractor. Contractor is responsible for obtaining the required verifications of compliance with Minnesota Statute, Section 16C.285, subdivision 3 from all subcontractors, using a form provided by the City. Contractor must submit signed verifications from subcontractors upon the City’s request. b. Contractor or subcontractor who does not meet the minimum criteria established in Minnesota Statutes, Section 16C.285, subdivision 3, or who fails to verify compliance with the minimum requirements of this statute, will not be considered a “responsible contractor” and will be ineligible to provide the Services under this Agreement or otherwise work on the project in any capacity. Contractor and any subcontractor are advised that making any false statements verifying compliance with Minnesota Statutes, Section 16C.285 will render the Contractor or subcontractor ineligible to perform the Services of this Agreement and may result in termination of this Agreement by the City. VIII-04 6 c. Contractor shall not sublet, sell, transfer, delegate or assign the Services or any portion of the Services of this Agreement without abiding by the applicable provisions of the Minnesota Department of Transportation Standard Specifications for Construction, Section 1801. 18. GENERAL PROVISIONS. a. Assignment. This Agreement is not assignable without the mutual written agreement of the parties. b. Waiver. A waiver by either City or Contractor of any breach of this Agreement shall be in writing. Such a waiver shall not affect the waiving party’s rights with respect to any other or further breach. c. Nondiscrimination. Contractor agrees that in the hiring of employees to perform Services under this Agreement, Contractor shall not discriminate against any person by reason of any characteristic protected by state or federal law. d. Governing Law. This Agreement shall be construed in accordance with the laws of the State of Minnesota and any action must be venued in Dakota County District Court. e. Amendments. Any modification or amendment to this Agreement shall require a written agreement signed by both parties. f. Severability. If any term of this Agreement is found be void or invalid, such invalidity shall not affect the remaining terms of this Agreement, which shall continue in full force and effect. g. Data Practices Compliance. All data collected by the City pursuant to this Agreement shall be subject to the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13. h. 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. [remainder of page intentionally blank] VIII-04 7 CITY OF HASTINGS By: ____________________________________ Mary Fasbender, Mayor By: Kelly Murtaugh, City Clerk VIII-04 8 CONTRACTOR Signature: Date: Name: Its: VIII-04 9 EXHIBIT A (see attached) VIII-04 VIII-04 VIII-04 VIII-04 City Council Memorandum To: Mayor Fasbender & City Councilmembers From: Chris Jenkins, Parks & Recreation Director Date: March 20, 2023 Item: Design and Engineering Contract – Roadside Tennis Courts Council Action Requested: Accept quote and authorize staff to engage ISG, INC. to complete design, engineering, bidding and construction administration for the reconstruction of Roadside Tennis Courts and parking lot. Background Information: The City of Hastings has operated tennis courts at 990 Ashland Street since the mid to late 1930’s with the current layout of 6 tennis courts being in place since the mid-1980’s. It is past time to address the poor surface conditions through a reconstruction project. Staff solicited quotes from three reputable design firms and had two firms submit quotes while the third advised they were not providing a quote. Both quotes were submitted on time and are thorough. Both quotes are for exactly the same amount, $27,700.00, however ISG, INC’s quote includes a topographical survey, which would be a $4,000.00 add on to Larson’s quoted price. The City has worked with ISG, INC. on multiple projects and has found the firm to be professional, competent, detail oriented, and easy to work with. Staff recommend accepting the quote and authorize staff to engage ISG, INC. to complete the design, engineering, bidding and construction administration for the Roadside Tennis Court reconstruction project. Financial Impact: Park Dedication fees will be used to complete the Design & Engineering as well as the reconstruction project. Estimated construction costs are $300,000.00 in addition to D&E costs of $27,700.00. Staff are pursing a couple of grant opportunities, one through USTA, one through the Norther Region USTA, and one through Dakota County’s SHIP Grant program. It is unknown if any of these grants will be awarded for this project at this time. VIII-05 Advisory Commission Discussion: None Council Committee Discussion: None Attachments: ▪ Quotes VIII-05 MARCH 06 , 2023 Chris Jenkins Parks and Recreation Director City of Hastings 920 West 10th Street Hastings, MN 55033 651-480-6176 CJenkins@hastingsmn.gov 6465 Wayzata Boulevard + Suite 970 + St. Louis Park, MN 55426 952.426.0699 + ISGInc.com Architecture + Engineering + Environmental + Planning RE: PROFESSIONAL DESIGN + ENGINEERING SERVICES PROPOSAL FOR TENNIS COURTS IMPROVEMENTS AT ROADSIDE PARK – HASTINGS, MINNESOTA Chris, ISG appreciates the opportunity to provide the City of Hastings (City) with a professional design services proposal for survey, construction documentation, bidding, and partial construction administration for court resurfacing at Roadside Park Tennis Courts. We understand the total base project construction budget is $300,000. It is expected that all design and construction will take place in 2023. The following is ISG’s summary of scope understanding for design and engineering services: • Topographical Survey • Preliminary + Final Design o Selective Site Removals (Bituminous, Curb, Tennis Netting, Fencing [Salvage + Reinstall Only] ) o Erosion Control o Paving, Court Surfacing, and Court Netting Systems for up to (3) Tennis and (8) Pickleball Courts o Site Restoration • Bidding • Limited Construction Administration It is ISG’s understanding that the project will not require scope for new fencing, power or lighting, or any other utilities. ISG assumes that a Stormwater Report and Stormwater Pollution Prevention Plan are not required. ISG also assumes that the current condition of the court pavement section has performed satisfactorily, and a geotechnical report is not required. ISG can update this proposal as requested for a new or revised scope to include any additional needs. SCOPE OF SERVICES Topographical Survey ISG will provide a topographical survey to be used as the base data information for the project. The survey will include elevation shots across the site and include existing concrete and bituminous pavement, fencing, and public underground utilities based on the extents of the existing courts and parking lot. The survey will verify existing topographic conditions and help determine the extent of potential improvements based on actual existing grades. The completion of the survey is weather dependent. DELIVERABLES • One (1) Topographical Site Survey to Scale (PDF) Preliminary Design ISG will participate in a virtual kickoff meeting with the City to confirm schedule, scope, and preliminary layout considerations. The information collected at the kickoff meeting will be used to prepare the Preliminary Design Package, which will include the following anticipated preliminary plan sheets: cover, removals, site layout (including court striping), grading, and restoration. ISG VIII-05 Page 2 of 3 952.426.0699 + ISGInc.com will provide a colored court plan with selected court types and color options for City review. ISG will also provide preliminary options for tennis and pickleball court netting systems. DELIVERABLES • Participate in One (1) Virtual Kickoff Meeting • Preliminary Court Plan (In Color) • Preliminary Design Package (Includes Tennis and Pickleball Netting System Options) • Preliminary Opinion of Probable Costs Final Design Based on City feedback, ISG will prepare construction documents for the proposed improvements outlined within this proposal. The construction documents will include the following anticipated plan sheets: cover, details, site layout, court, grading, and restoration. The construction documents will include a specifications book and together will be used to bid the project. Per City Building Official, it is assumed that only an accessibility review of the plans is needed and ISG will provide the 95% plans for the Building Official to review during this time and no other permit are required. All Permitting fees will be the responsibility of the City. If additional permits are required ISG will coordinate based on a Time and Materials (T&M) basis as directed by the City. DELIVERABLES • 95% Construction Document Page Turn Meeting with One (1) Round of Comprehensive Package Edits • 100% Construction Document Package (Drawings + Specifications) Bidding ISG will prepare the bidding documents, including plans and specifications using the preferred City bidding platform. It is assumed the project will be bid digitally through QuestCDN and will also have a public bid notice posted with the local newspaper. During the three-week bidding period, ISG will respond to contractor questions and issue any addenda as needed. Once bids are received ISG will review the bids and provide a bid summary and letter of recommendation. DELIVERABLES • Provide one (1) bidding package PDF • Provide one (1) Advertisement for Bid • Respond to Contractor Questions • Issue Addenda (As Required) • Provide a Bid Summary and Letter of Recommendation Limited Construction Administration ISG will perform limited construction administration by attending the pre-construction meeting, reviewing shop drawings, and participating in the punch list and project close out. In addition to the preconstruction meeting and site punchlist walkthrough, ISG assumes up to two (2) site visits to observe construction. Additional site visits will be billed as a time and materials basis. DELIVERABLES • Attend the Pre-Construction Meeting • Review Shop Drawings, Submittals, RFIs, and Respond to General Contractor Questions • Up to Two (2) Construction Observation Site Visits • Participate in a Punchlist Walk Through + Project Closeout VIII-05 Page 3 of 3 952.426.0699 + ISGInc.com COMPENSATION ISG proposes to provide the scope of services described within this proposal for compensation per the following schedule as a lump sum (unless otherwise stated) per the services below: SERVICE COMPENSATION Topographical Survey $2,700 Preliminary Design $5,500 Final Design $9,500 Bidding $4,500 Limited Construction Administration $5,500 TOTAL $27,700 Anticipated reimbursable expenses such as travel time, mileage, and printing costs are included within the compensation listed above. ISG appreciates the opportunity to provide a solution tailored to the needs of this project. Please contact us at 952.426.0699 with any questions regarding our services or this proposal. Upon acceptance of this proposal, please sign the acknowledgment box on the following page and return a copy to our office. Sincerely, Amanda Prosser, PLA Vice President + Sports Rec Business Unit Leader Mitchell Workmon, PLA Project Manager APPLICABLE CONTRACT The General Terms and Conditions applicable to this Proposal are available at the link below and are hereby accepted and incorporated herein by reference. Upon acceptance of this Proposal, the parties can proceed with the project based on this signed Proposal, per its General Terms and Conditions, or for more complex projects, ISG, at its discretion, will prepare and require the use of an AIA or EJCDC Contract that will govern the project. bit.ly/termsConditions2022_ISG VIII-05 2023 Tennis Court and Parking Lot Reconstruction Roadside Park – Hastings, MN March 6, 2023 2 of 6 12226131 CONSTRUCTION BUDGET It is our understanding from the RFQ information that for the anticipated scope of work summarized above, the construction cost was estimated be up to approximately $300,000. SCOPE OF SERVICES Based upon our understanding of the project listed above, LEI will provide the following services: Design and Construction Documents • Project engineer to visit the site to review the existing conditions. • Prepare engineering documents including: existing conditions & demolition plan, layout/dimension plan, paving plan, and construction details for the tennis court, pickleball court, and parking lot work. Engineering documents will be provided to the City of Hastings Parks & Recreation staff for review at approximately 90% completion. • Develop general and technical specifications for each aspect of the proposed work. • Attend up to two (2) coordination meetings with the City of Hastings Parks & Recreation staff to discuss issues relating the design of the project. Bidding • Provide the City of Hastings Parks & Recreation Department with an Advertisement for Bids document that can be published in the local paper, City website, or other publications to notify public and contractors of this work. • Notify several reputable contractors of the proposed work to solicit bids. • Print construction documents for the City of Hastings Parks & Recreation staff, if desired. • Provide electronic copies of the plans and specifications for bidders and regional plan rooms • Post construction documents to Quest CDN for contractor bidding. • Maintain a plan holder’s list through bid opening. • Issue addenda for clarification of the documents as necessary. • At the bid opening our personnel will assist the City of Hastings Parks & Recreation staff and provide a bid tabulation form. • When the low bidder has been determined, our personnel will check references and make recommendations to the City of Hastings Parks & Recreation staff concerning the work history and qualifications of the firm under consideration. Construction Administration • We have assumed the City of Hastings Parks & Recreation will provide a purchase order or contract for the work between the City and the selected contractor. • Assist the City of Hastings Parks & Recreation staff to conduct the pre- construction meeting. • Review material submittals and shop drawings. VIII-05 2023 Tennis Court and Parking Lot Reconstruction Roadside Park – Hastings, MN March 6, 2023 3 of 6 12226131 • We have assumed that the City of Hastings Parks & Recreation staff will review contractor pay requests. • Provide one to two inspections during the construction process as requested with reports documenting project progress. • Conduct the substantial completion inspection and create a punch list. ADDITIONAL SERVICES beyond the scope of this agreement including but not limited to: • Additional Engineering and Drafting due to redesign or relocation of the parking lot or tennis and pickleball courts, after the initial design and layouts are prepared, when requested by the City of Hastings Parks & Recreation. • Storm water modeling, calculations, and storm water treatment design • Prepare Stormwater Pollution Prevention Plan (SWPPP) • Attending construction meetings. • Topographic survey • Geotechnical evaluation • Construction layout/staking. • As-Built or Record Drawings. • Special Inspections. • Hazardous materials. Additional services shall be charged on a Time and Materials basis as shown below, only after written authorization to proceed is received from the City of Hastings Parks & Recreation. Principal $280.00/hr. Graduate Engineer $160.00/hr. Project Manager $185.00/hr. CADD Tech $130.00/hr. Registered Engineer $175.00/hr. Clerical $95.00/hr. Design Engineer $170.00. Technician/Intern $120.00/hr. ENGINEERING FEES We propose to perform the design and limited construction administration services for the above project at Roadside Park described herein for the following fees in accordance with our Standard Terms and Conditions: Design and Construction Documents $19,900 Contractor Bidding $1,900 Construction Administration $5,900 Larson Engineering Total $27,700 VIII-05 2023 Tennis Court and Parking Lot Reconstruction Roadside Park – Hastings, MN March 6, 2023 4 of 6 12226131 Our fees do not include costs for obtaining a topographic survey of the work areas or for soil borings and geotechnical evaluations for the parking and court areas. We have assumed these services will be retained by the City of Hastings Parks & Recreation, if needed. Topographic Survey (estimated cost) $4,000 Geotechnical Evaluation (estimated cost) $6,000 REMARKS We appreciate the opportunity to provide this proposal for this project at Roadside Park. Please review this information and if our proposal is acceptable, please sign one copy and return it to us as our authorization to proceed. If you have any questions, please call us at 651-481-9120. Sincerely, Larson Engineering, Inc. Greg A. Buchal, P.E. Project Manager PROPOSAL ACCEPTANCE: Please proceed with the scope of services described above: ACCEPTED BY: SIGNATURE: TITLE: DATE: VIII-05 2023 Tennis Court and Parking Lot Reconstruction Roadside Park – Hastings, MN March 6, 2023 5 of 6 12226131 TERMS AND CONDITIONS 1. Invoicing and payment: Invoices shall be rendered monthly in proportion to services performed. Full payment is due within 30 days of invoice unless other terms are specifically determined in writing. 2. Interest and Unpaid Balance Due: If any payment is not paid by Client when due, the unpaid balance shall accrue interest at one and one-half percent (1.5%) per month until paid. (Annual effective rate = 18%). 3. Attorney Fees and Collection Costs: In the event it becomes necessary for LEI to refer an unpaid account to any attorney or collection agency, then in addition to any amount due to LEI, LEI will be entitled to recover its costs of collection, which includes reasonable attorney fees. In the event of any litigation arising from or related to the services provided under this Agreement, the prevailing party will be entitled to recovery of all reasonable costs incurred, including staff time, court costs, attorneys’ fees and other related expenses. 4. Document Ownership: All original calculations, sketches, building models and/or construction documents (Documents) prepared by LEI shall remain the property of LEI unless other terms in writing are agreed upon by both parties. Any copies of Documents held by Client shall be considered instruments of professional services. Client shall not reuse or make any modifications to Documents without the prior written authorization of LEI. Client agrees, to the fullest extent permitted by law, to indemnify and hold LEI harmless from any claim, liability or cost (including reasonable attorney’s fees and defense costs) arising or allegedly arising out of any unauthorized reuse or modification of Documents by Client or any person or entity that acquires or obtains Documents from or through Client without the written authorization of LEI. 5. Document Coordination: LEI reserves the right to withhold documents scheduled for bid/construction release if sufficient design information from the Client, required for the production of accurate bid/construction documents, is not provided to LEI in a timely manner. Furthermore, Client to provide LEI with a complete set of construction documents (drawings and specifications) at time of bidding/pricing and all subsequent addenda as soon as they are distributed to contractors. LEI will not be responsible for coordination of information not provided to LEI in a timely manner. 6. Enforcement of Proposal: The terms of this Proposal shall be enforceable if any Work is provided by LEI upon the direction of the Client, either verbal or written, and no other agreement has been made, whether or not a copy of this Proposal, endorsed by the Client, is returned to LEI. Furthermore, changes to this document are not considered binding unless received in writing and accepted in writing by both original signers of this Proposal. This Proposal shall remain in effect for 30 days of the date hereof. 7. Agreements: This Proposal represents the entire agreement between Client and LEI and supersedes all previous oral and written agreements on the subject project. LEI shall not be held to the terms of any other agreements or contracts, unless expressly made part of this agreement and amended in conformance with the Terms and Conditions of this Proposal. VIII-05 2023 Tennis Court and Parking Lot Reconstruction Roadside Park – Hastings, MN March 6, 2023 6 of 6 12226131 8. Site Visitations: Site visits during construction included within this Proposal, are for the purpose of determining whether the construction work associated with this Proposal is in accordance with the Contract Documents. These Site Visits shall not constitute responsibility on the part of LEI for construction means and methods nor safety precautions and shall not relieve the Contractor of any responsibilities in conjunction with their work unless specifically stated within the Scope of Work of this Proposal. 9. Liability: The amount of liability will be limited to the amount of our fee. VIII-05 City of Hastings 101 Fourth Street East Hastings, MN 55033-1944 Phone: 651-480-2350 www.hastingsmn.gov City Council Memorandum To: Mayor Fasbender & City Council Members From: John Townsend, Fire Chief Date: March 15, 2023 Item: Accept Donation from Hastings Rivertown Lions Club Council Action Requested: Council is asked to accept a donation from the Hastings Rivertown Lions Club in the amount of $1,354.06 for Hastings firefighter health and wellness Background Information: Hastings Rivertown Lions Club is donating $1,354.06 and they are donating these funds to be utilized for firefighter health and wellness. The departments health and wellness include both physical and mental health programs. The City of Hastings is appreciative to the Hastings Rivertown Lions Club for their generous contribution. Financial Impact: Increase donation account. Advisory Commission Discussion: N/A Council Committee Discussion: N/A Attachments: None VIII-06 CITY OF HASTINGS DAKOTA COUNTY, MINNESOTA RESOLUTION 3- -23 A RESOLUTION EXPRESSING ACCEPTANCE OF AND APPRECIATION OF DONATIONS TO THE HASTINGS FIRE DEPARTMENT WHEREAS, Hastings Rivertown Lions Club has made a donation to be designated to the fire department; and WHEREAS, the City Council is appreciative of the donation and commends the Hastings Rivertown Lions Club 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 20th day of March, 2023. ________________________________ Mary Fasbender, Mayor Attest: ____________________________ Kelly Murtaugh, City Clerk VIII-06 City Council Memorandum To: Mayor Fasbender & City Councilmembers From: City Administrator Dan Wietecha Date: March 20, 2023 Item: National Opioids Settlement Council Action Requested: Adopt resolution Authorizing Participation in National Opioids Settlement. Background Information: Minnesota has joined a broad multistate coalition in reaching nationwide settlements with several opioid manufacturers and distributors: Teva, Allergan, CVS, Walgreens, and Walmart. The settlements resolve investigations and lawsuits against these companies for their role in the opioid crisis. Minnesota will be eligible to receive more than $235M over 15 years. Similar to the settlement in 2022, funds will be distributed based on a formula to cities over 30,000 population (not including City of Hastings) and counties. The total amount of payments to Minnesota will be determined by the overall degree of participation by cities and counties. Hastings signing on to the settlement agreement will help Minnesota reach a “critical mass” of participation and receive a greater amount of the potential settlement. The City participated in a similar national opioid settlement in 2022. Hastings Police Department (as well as Farmington, Mendota Heights, Rosemount, South St. Paul, and West St. Paul police departments) have requested that Dakota County use a portion of its settlement proceeds to support the County Drug Task Force. Financial Impact: Not applicable Committee Discussion: Not applicable Attachments: • Resolution: Authorizing Participation in National Opioids Settlement • National Opioid Settlement Overview • LMC Opioid Settlement Flyer VIII-07 City of Hastings Dakota County, Minnesota Resolution Authorizing Participation in National Opioids Settlement WHEREAS, the State of Minnesota, Minnesota counties and cities, and their people have been harmed by misconduct committed by certain entities that engage in or have engaged in the manufacture, marketing, promotion, distribution, or dispensing of an opioid analgesic; WHEREAS, the State and Local Governments share a common desire to abate and alleviate the impacts of the misconduct described above throughout Minnesota; WHEREAS, while the State and Local Governments recognize the sums which may be available from the aforementioned litigation will likely be insufficient to fully abate the public health crisis caused by the opioid epidemic, they share a common interest in dedicating the most resources possible to the abatement effort; WHEREAS, Minnesota’s share of settlement funds from the National Settlement Agreements will be maximized only if all Minnesota counties, and cities of a certain size, participate in the settlements; and WHEREAS, the City of Hastings has previously executed the Minnesota Opioid State-Subdivision Memorandum of Agreement; Now, therefore, be it resolved by the Hastings City Council that the Mayor is authorized to execute the Participation Form(s) associated with the National Opioid Settlement. Adopted this 20th day of March, 2023. ________________________________ Mary Fasbender, Mayor Attest: ________________________________ Kelly Murtaugh, City Clerk VIII-07 National Opioid Settlements: Teva, Allergan, CVS, Walgreens, and Walmart Hastings city, MN Reference Number: CL-386866 TO LOCAL POLITICAL SUBDIVISIONS AND SPECIAL DISTRICTS: THIS NOTICE CONTAINS IMPORTANT INFORMATION ABOUT NATIONAL OPIOID SETTLEMENTS. SETTLEMENT OVERVIEW Proposed nationwide settlement agreements (“Settlements”) have been reached that would resolve opioid litigation brought by states, local political subdivisions, and special districts against two pharmaceutical manufacturers, Teva and Allergan (“Manufacturers”), and three pharmacies, CVS, Walgreens, and Walmart (“Pharmacies”). Local political subdivisions and special districts are referred to as “subdivisions.” The Settlements require the settling Manufacturers and Pharmacies to pay billions of dollars to abate the opioid epidemic. The Settlements total over $20 billion. Of this amount, approximately $17 billion will be used by participating states and subdivisions to remediate and abate the impacts of the opioid crisis. Depending on participation by states and subdivisions, the Settlements require: Teva to pay up to $3.34 billion over 13 years and to provide either $1.2 billion of its generic version of the drug Narcan over 10 years or an agreed upon cash equivalent over 13 years; Allergan to pay up to $2.02 billion over 7 years; CVS to pay up to $4.90 billion over 10 years; Walgreens to pay up to $5.52 billion over 15 years; and Walmart to pay up to $2.74 billion in 2023, and all payments to be made within 6 years. As provided under the Agreements, these figures are net of amounts attributable to prior settlements between the Defendants and certain states/subdivisions, and include amounts for attorneys’ fees and costs. The Settlements also contain injunctive relief governing opioid marketing, sale, distribution, and/or dispensing practices. Each of the proposed settlements has two key participation steps. First, each eligible state decides whether to participate in each Settlement. A list of participating states for each settlement can be found at https://nationalopioidsettlement.com. Second, eligible subdivisions within each participating state decide whether to participate in each Settlement. The more subdivisions that participate, the more funds flow to that state and its subdivisions. Any subdivision that does not participate cannot directly share in any of the settlement funds, even if the subdivision’s state is settling and other participating subdivisions are sharing in settlement funds. If the state does not participate in a particular Settlement, the subdivisions in that state are not eligible to participate in that Settlement. VIII-07 WHO IS RUBRIS INC. AND WHAT IS THE IMPLEMENTATION ADMINISTRATOR? The Settlements provide that an Implementation Administrator will provide notice and manage the collection of participation forms. Rubris Inc. is the Implementation Administrator for these new Settlements and was also retained for the 2021 national opioid settlements. WHY IS YOUR SUBDIVISION RECEIVING THIS NOTICE? Your state has elected to participate in one or more of the Settlements with the Manufacturers and/or the Pharmacies, and your subdivision may participate in those Settlements in which your state has elected to participate. This notice is also sent directly to counsel for such subdivisions if the Implementation Administrator has their information. If you are represented by an attorney with respect to opioid claims, please contact them. Subdivisions can participate in the Settlements whether or not they filed a lawsuit or are represented. WHERE CAN YOU FIND MORE INFORMATION? Detailed information about the Settlements, including each settlement agreement, may be found at: https://nationalopioidsettlement.com. This website also includes information about how the Settlements are being implemented in most states and how funds will be allocated within your state. You are encouraged to review the settlement agreement terms and discuss the terms and benefits with your counsel, your Attorney General’s Office, and other contacts within your state. Information and documents regarding the Settlements and your state allocation can be found on the settlement website at https://nationalopioidsettlement.com. Your subdivision will need to decide whether to participate in the proposed Settlements, and subdivisions are encouraged to work through this process before the April 18, 2023 deadline. HOW DO YOU PARTICIPATE IN THE SETTLEMENTS? The Settlements require that you take affirmative steps to “opt in” to the Settlements. In the next few weeks, you will receive documentation and instructions from the Implementation Administrator or, in some cases, your Attorney General’s Office. In order to participate in a settlement, a subdivision must sign and return the required Participation Form for that settlement. Please add the following email addresses to your “safe” list so emails do not go to spam / junk folders: dse_na3@docusign.net and opioidsparticipation@rubris.com . Please monitor your email for the Participation Forms and instructions. All required documentation must be signed and returned on or before April 18, 2023. VIII-07 Settlements have been reached with opioid manufacturers Teva Pharmaceuticals and Allergan, and retail pharmacy chains Walmart, CVS and Walgreens. Awards are dependent on participation by both litigating and non-litigating local governments and could exceed $235 million over 15 years for Minnesota. To maximize the money coming to Minnesota, all cities with populations over 10,000 are being asked to sign on to these settlements by April 18, 2023. Anticipated breakdown of payouts nationwide: • Teva will pay up to $4.25 billion over 13 years. • Allergan will pay up to $2.37 billion over 7 years. • Walmart will pay up to $3.1 billion over 6 years, with a possibility for states to earn the entire amount in the first year. • CVS will pay up to $5 billion over 10 years. • Walgreens will pay up to $5.7 billion over 15 years . State/Local Government Memorandum of Agreement Under the MOA, abatement funds will be directed as follows: • Seventy-five percent (75%) will be paid directly to counties and certain cities/other municipalities that participate in the settlement process (e.g., cities over 30,000 population and any city that has a public health department). • Twenty-five percent (25%) of the abatement funds will be paid directly to the State. • Any city allocated a share may elect to have its full share or a portion of its full share directed to the county or counties in which it is located. • Each county must consult annually with cities in its jurisdiction regarding future use of settlement funds, including holding an annual public meeting to receive input on proposed uses and to encourage collaboration between local governments. Action steps for cities by April 18, 2023 A notice of the settlements with Teva, Allergan and the three pharmacy chains along with the invitation to join was sent to cities on March 8, 2023. Participation is similar to the process cities used for joining last year’s Johnson & Johnson and distributors settlements. The deadline to participate in this latest round of settlements is April 18, 2023. Action Step, due by April 18: Cities with 2019 populations of at least 10,000 must sign documents via DocuSign and execute an amendment to last year’s MOA. These documents are included in the email from opioidsparticipation@rubris.com. VIII-07 The League’s Role Since 2022, the League has been working closely with state and local government partners to develop and implement a state-subdivision agreement (or “Minnesota Memorandum of Agreement”) designed to maximize the settlement funds coming to the state from litigation against opioids manufacturers and distributors. The money is earmarked to fund needed abatement and remediation programs to fight against the devastating impacts on Minnesota communities borne from the opioid crisis. The League continues to work closely with state/county partners to facilitate communications about the settlement sign-on process and reporting requirements that will reflect how settlement funds are being used across the state. League Resources and Contacts Visit the League’s website for links to these resources and latest news: lmc.org/resources/opioid- epidemic/. Please direct questions to the League of Minnesota Cities General Counsel: (800) 925-1122. Patricia Beety, General Counsel Edward Cadman, Associate General Counsel pbeety@lmc.org ecadman@lmc.org (651) 281-1270 (651) 281-1229 VIII-07 City Council Memorandum To: Mayor Fasbender & City Councilmembers From: City Administrator Dan Wietecha Date: March 20, 2023 Item: Commissions Meeting Schedule Council Action Requested: Approve meeting schedule for commissions. Background Information: The City has several appointed citizen commissions and board, which meet on a regular basis. • Arts & Culture Commission – 6:00 pm, 2nd Wednesday of the month • Hastings Economic Development and Redevelopment Authority (HEDRA) – 6 pm, 2nd Thursday of the month • Heritage Preservation Commission – 7:00 pm, 3rd Tuesday of the month • Parks & Recreation Commission – 6:00 pm, 3rd Wednesday of the month • Planning Commission – 7:00 pm, 2nd and 4th Mondays of the month • Public Safety Advisory Commission (PSAC) – 6:30 pm, 3rd Thursdays, every other month starting in January As needed, meetings may be cancelled or rescheduled and special meetings may be added with proper notice. Financial Impact: Not applicable Committee Discussion: Not applicable Attachments: No Applicable VIII-08 City Council Memorandum To: Mayor Fasbender & City Councilmembers From: City Administrator Dan Wietecha Date: March 20, 2023 Item: City Council Meeting on June 19, 2023 Council Action Requested: Do not reschedule June 19, 2023 City Council Meeting. Background Information: Earlier this year, the State designated Juneteenth (June 19) as a legal holiday commemorating emancipation, effective August 1, 2023, meaning the first required observance is next year 2024, and public business cannot be conducted on the holiday. Last meeting, the City Council approved recognizing Juneteenth this year 2023, and this can certainly be done by closing City offices during the day. However, it does cause some difficulties with previously planned and scheduled meetings. This year, June 19 happens to be a City Council meeting date. Additionally, the League of Minnesota Cities Annual Conference is that week, so travel and attendance would be tight if we were to simply bump the Council meeting to Tuesday that week. Similarly, the regularly scheduled Planning Commission meeting the following week, would make it difficult to delay the City Council meeting by a week. I recommend maintaining the existing schedule for a City Council meeting on June 19, 2023. Beginning next year, City meetings can be scheduled around Juneteenth as we’ve done with other holidays. Financial Impact: Not applicable Committee Discussion: Not applicable Attachments: No Applicable VIII-09 City Council Memorandum To: Mayor Fasbender & City Councilmembers From: City Administrator Dan Wietecha Date: March 20, 2023 Item: 2023 Budget Amendment: Fire Station Shower Council Action Requested: Approve amendments to the 2023 Budget: $22,994 for Fire Station shower Background Information: Facilities Manager Charlie Judge continues to find preventive/deferred building maintenance that needs to be addressed. The shower at the Fire Station has leaking plumbing and a malfunctioning mixer. There are no isolation valves to shut-off the water for repair. Additionally, there are hollow/soft spots under the tile floor, and sand is coming up from the floor drain. We have gotten two quotes for removing the floor, jackhammering the concrete base, plumbing and drain installation and repair, pouring a new concrete floor with liner, and re-tiling. The quotes for the work are $22,994 and $26,215. This project had been budgeted for $10,000 in 2020, but then was put on hold with tightened finances at the start of the COVID pandemic and then was overlooked when carrying forward budgeted items into the next year. Financial Impact: $22,994 Committee Discussion: Not applicable Attachment: Not applicable VIII-10 City Council Memorandum To: Mayor Fasbender & City Councilmembers From: Chris Eitemiller, Finance Manager Date: March 20, 2023 Item: Water Meter Project Budget Carryover Adjustment Council Action Requested: Staff requests Council approve an increase to a carryover expense budget from the 2022 budget to the 2023 budget for unspent funding for the Water Meter Replacement project. Background Information: At the March 6 meeting, Council approved the budget carryover items from 2022-2023. One of those totals approved was lower than intended. The Water utility meant for $166,000 to be carried forward. Instead, the amount carried forward was only $76,000. Because of this, staff is requesting an additional $90,000 be carried forward to 2023. Financial Impact: This spending was included in the 2022 budget and these requested funds for carryforward remain unspent. Account Details: 2022 Previously Approved Current carryforward Account # Description Budget Carryforward Request 600-300-3300-6590 Water Meter Replacement 166,000.00 $76,000 90,000.00 VIII-11 CITY OF HASTINGS DAKOTA COUNTY, MINNESOTA RESOLUTION 03- -23 RESOLUTION DECLARING INSURANCE LIABILITY FOR THE CITY OF HASTINGS WHEREAS, the City of Hastings obtains liability insurance coverage from the League of Minnesota Cities; and WHEREAS, the League requires the City Council to establish the level of liability insurance coverage by resolution for the City, and; WHEREAS, the City, since 2010, has opted to not waive the monetary limits on municipal tort liability established by Minnesota Statues 466.04, and; NOW, THEREFORE BE IT RESOLVED, that the Hastings City Council does hereby declare to not waive the monetary limits on municipal tort liability and to not purchase excess liability insurance. Adopted this 20th day of March 2023. Mary D. Fasbender, Mayor Attest: Kelly Murtaugh, City Clerk VIII-12 LIABILITY COVERAGE – WAIVER FORM Members who obtain liability coverage through the League of Minnesota Cities Insurance Trust (LMCIT) must complete and return this form to LMCIT before the member’s effective date of coverage. Return completed form to your underwriter or email to pstech@lmc.org. The decision to waive or not waive the statutory tort limits must be made annually by the member’s governing body, in consultation with its attorney if necessary. Members who obtain liability coverage from LMCIT must decide whether to waive the statutory tort liability limits to the extent of the coverage purchased. The decision has the following effects: • If the member does not waive the statutory tort limits, an individual claimant could recover no more than $500,000 on any claim to which the statutory tort limits apply. The total all claimants could recover for a single occurrence to which the statutory tort limits apply would be limited to $1,500,000. These statutory tort limits would apply regardless of whether the member purchases the optional LMCIT excess liability coverage. • If the member waives the statutory tort limits and does not purchase excess liability coverage, a single claimant could recover up to $2,000,000 for a single occurrence (under the waive option, the tort cap liability limits are only waived to the extent of the member’s liability coverage limits, and the LMCIT per occurrence limit is $2,000,000). The total all claimants could recover for a single occurrence to which the statutory tort limits apply would also be limited to $2,000,000, regardless of the number of claimants. • If the member waives the statutory tort limits and purchases excess liability coverage, a single claimant could potentially recover an amount up to the limit of the coverage purchased. The total all claimants could recover for a single occurrence to which the statutory tort limits apply would also be limited to the amount of coverage purchased, regardless of the number of claimants. Claims to which the statutory municipal tort limits do not apply are not affected by this decision. VIII-12 2 LMCIT Member Name: __________________________________________________________________________ Check one: o The member DOES NOT WAIVE the monetary limits on municipal tort liability established by Minn.Stat. § 466.04. o The member WAIVES the monetary limits on municipal tort liability established by Minn. Stat. §466.04, to the extent of the limits of the liability coverage obtained from LMCIT. Date of member’s governing body meeting: _____________________________________________ Signature: Position: ________________________________ VIII-12 City Council Memorandum To: Mayor Fasbender & City Councilmembers From: John Hinzman, Community Development Director Date: March 20, 2023 Item: 2nd Reading\Adopt Ordinance - Annexation - Best Development (TH 316 & Michael Avenue) Council Action Requested Consider 2nd Reading and adopt an ordinance annexing a +/-71-acre parcel owned by Best Development Company located east of TH 316 and Michael Avenue. Action requires a simple majority of Council. At the March 6, 2023 meeting, the City Council removed the adoption of the annexation ordinance from the table. The Council discussed maintenance of roads within the development, traffic impact on TH 316, and rent of proposed units. Neighbor Steve Engstrom expressed concern that the annexation may be premature, density was greater than previous development, and market for development. No action was taken with consideration to resume at the March 20th meeting. The developer submits the annexation application in anticipation of future City Council approvals to generally allow for the number and types of residential unit within the conceptual plan. While no official approvals pertaining to residential construction are included in this application, the Council should be cautious in approving action on the annexation if it believes future land use changes to accommodate the concept plan are in question. BACKGROUND Annexation Annexation involves the extension of the City of Hastings corporate limits and is regulated by Minnesota State Statutes Section 414.033. A city may annex abutting unincorporated (township) property by ordinance upon petition of the property owner and a public hearing. History An application to annex the property was submitted by the previous developer Summergate in November 2021 to subdivide the property into 160 single family lots. The City Council held a public hearing and reviewed the request on January 18, 2022 and tabled the request on February 7, 2022 until an agreement could be reached for sale of the property and a new concept plan submitted for development. In late 2022, an agreement was reached with Land Equity Development for sale of the property and development of a mixed residential life-cycle community consisting of approximately 450 housing units. X-C-01 Public Hearing Comments – January 18, 2022 During the public hearing questions related to installation of privacy fences for existing neighbors, displacement of wildlife, roundabout impact, noise, and traffic was received. Please see the attached meeting minutes for further information. Neighborhood Meeting – January 26, 2023 Land Equity held a neighborhood meeting on January 26, 2023. The City provided a mailing list to all property owners within 350 feet of the property. Approximately 15-20 people attended the meeting. Neighbors shared concerns about the number and location of rental units, project phasing, public vs private amenities, effect on TH 316 traffic, and effect on South Pines Park Planning Committee of City Council Review – January 30, 2023 The Planning Committee of City Council (Chair Fox, Folch, and Leifeld) reviewed the proposal at its January 30, 2023 meeting. Committee Members generally supported the plan and discussed the following: • Site access at Highway 316 and Michael; want to ensure problems are not created that were recently solved with the reconstruction further north. • Mitigate noise from TH 316 through use of berming or buffering. • Role of the association in maintenance; which areas and items will the association maintain. • Ensure there is adequate parking for guests in the twin and townhome areas. • Developer seeks to sell land within Sand Coulee to DNR; no development to take place within it. • Proposed rental rates are high; is there a market in Hastings? • Future park needs will need further review. Planning Commission Review – February 27, 2023 The Planning Commission reviewed the conceptual plan on February 27, 2023. Commissioners discussed public versus private facilities, park amenities, mixture of housing types, examples of similar developments in neighboring communities, traffic and parking, snow removal, impact on TH 316 traffic, and market for the development. No recommendation was requested from the Commission. Neighborhood Notification Notification of the Planning Commission review and City Council consideration of the annexation was mailed to all owners within 350 feet of the property. Comments received are attached to this report Subject Property The majority of the property is agricultural. The eastern 17 acres contains wooded slopes and is part of the Sand Coulee and is not planned for development. The property is guided for Low Density residential development within the 2040 Comprehensive Plan and is designated for municipal service extension (City Sewer and Water) within the planned Metropolitan Urban Service Area (MUSA) Plan. The Comprehensive Plan would need to be amended to change the land use designation from Low Density to Medium Density to accommodate the proposed development plan. X-C-01 The following abuts the site Use Zoning Comp Plan North Single Family Residential South Pines Development R-1 - Low Density Residence Low Density Residential East Marshan Township Sand Coulee and Rural Residential Marshan Township South Marshan Township Rural Wooded Land Marshan Township West TH 316 - Redwing Blvd South Pines Development Hope Lutheran Church R-1 - Low Density Residence Marshan Township Low Density Residential & Institutional Proposed Improvement Land Equity proposes the development of Walden at Hastings a life-style residential development of mixed densities including single family, twin home, townhome, and apartments. Concept Plans indicate the development of over 450 housing units. The developer has indicated that many (if not all) of the units are planned to be rented, however market conditions could change the amount that is eventually rented. Rentals would be managed professionally to maintain a cohesive and well-maintained neighborhood. Environmental Assessment Worksheet (EAW) The number of residential units triggers completion of an EAW to determine environmental impacts and whether a more encompassing Environmental Impact Statement (EIS) should be completed. The applicant will prepare the initial EAW draft for City review. The EAW form consists of 20 questions that provide the information needed to determine if the project will have significant environmental impacts. In addition to the legal purpose of the EAW in determining the need for an EIS, the EAW also provides permit information, informs the public about the project, and helps identify ways to protect the environment. The EAW is not meant to approve or deny a project, but instead act as a source of information to guide other approvals and permitting decisions. Traffic Study The developer has committed to completion of an independent traffic study to determine the impacts of the proposed development prior to future land use approvals. Land Use Approvals Development of Walden at Hastings will include a number of land use actions by the Planning Commission, Parks and Recreation Commission, and City Council. Most land use approvals would also include a public hearing mailed to all property owners within 350 feet of the development. In general approvals would include: • Annexation of Property • Review of the EAW • Comprehensive Plan Amendment, Rezoning, and Development Plan X-C-01 • Preliminary Plat of entire property • Final Plat and Site Plan for individual components Initial Review Comments The Development Review Committee (staff committee consisting of Planning, Engineering, Building, Fire, and Parks) reviewed the concept on December 6, 2022. Please see the attached review letter for further information. Staff Analysis • Site Design - Land Equity has employed the services of the Rick Harrison Design Studio to master plan the development. Harrison has designed countless subdivisions throughout the US and is a pioneer in innovative design methods to provide greater development connectivity, efficiency, and value. • Comprehensive Plan Amendment. The 2040 Comp Plan would need to be amended from Low Density Residential to Medium Density Residential to accommodate development. Does the proposed increase in housing density meet the needs of Hastings? • Need for Affordable Housing and Townhome Options. Many of the newly constructed single family detached homes in Hastings are not affordable to Hastings residents. It has been over 15 years since a new attached townhome development has been constructed. • Rental Housing. Developer proposes most housing units to be rented instead owner occupied. This is a new concept for Hastings. The Council and public will likely have questions pertaining to the valuation of the project, effect on neighboring property owners, overall maintenance, and potential for individual home ownership in the future. • Market for Development and Phasing of Construction. What is the market for this many development units and how will project be phased? • Existing Abutting Development. The proposal abuts the existing single-family neighborhood of South Pines. How does the development impact existing development? Attachments: • Ordinance for Annexation • Location Map • Concept Plan • Comments Received • Minutes – January 18, 2022 City Council – Public Hearing Comments • Development Review Committee Letter X-C-01 CITY OF HASTINGS, MINNESOTA ORDINANCE NO. 2023-___ AN ORDINANCE OF THE CITY OF HASTINGS EXTENDING ITS CORPORATE LIMITS TO INCLUDE CERTAIN LAND ABUTTING THE CITY WHICH IS OWNED BY BEST DEVELOPMENT COMPANY LLC PREAMBLE WHEREAS, the City of Hastings has received a petition from Best Development Company, LLC (“Petitioners”) seeking annexation of land to the City of Hastings, and; WHEREAS, the Petitioners have represented to the City of Hastings that they are the sole owners of property generally located north and east of TH 316 and Michael Avenue, and identified as PID 25-00200-51-012 and 25-01100-27-012. The property is legally described as follows: That part of the South Half of the Southwest Quarter of Section 2, Township 114, Range 17, Dakota County, Minnesota lying north and east of CSAH #316, except that Parcel 16 MN DOT ROW Plat 19-138. AND That part of the west 100 acres of the Northwest Quarter of Section 11, Township 114, Range 17, Dakota County, Minnesota lying north and east of CSAH #316, except that Parcel 16 MN DOT ROW Plat 19-138. WHEREAS, the property is unincorporated; it abuts the limits of the City of Hastings; is not included within any other municipality; is not included in any area that has already been designated for orderly annexation pursuant to Minn. Stat. 414.0325; and is approximately 71.0 acres in size, and; WHEREAS, the City of Hastings held a public hearing pursuant to Minnesota Statutes 414.033, Subd. 2b, on January 18, 2022, and February 7, 2022, following thirty (30) days written notice by certified mail to the Town of Marshan (“Township”) and to all landowners within and contiguous to the area legally described herein to be annexed, and; WHEREAS, provisions of Minnesota Statutes 414.033, Subd. 13 are not applicable in that there will be no change in the electric utility service provider resulting from the annexation of the territory to the municipality. X-C-01 ENACTMENT Section 1. The City Council hereby determines and finds that the property described above abuts the City of Hastings; that the area to be annexed is 120 acres or less, that the property is not included in any area that has already been designated for orderly annexation pursuant Minn. Stat. 414.0325; that the City of Hastings received a properly prepared Petition for Annexation signed by all of the owners of the property; and that the Petition for Annexation complies with all of the provisions of Minn. Stat. 414.033. Section 2. The property is urban or suburban in character and is in need of City services which can be provided by the City of Hastings. Section 3. The corporate limits of the City of Hastings are hereby extended to include the property described above and that same property is hereby annexed to and included within the City of Hastings as if the property had originally been a part of the City. Section 4. The City Clerk is directed to file a certified copy of this Ordinance with the Minnesota Office of Administrative Hearings; Marshan Township; Dakota County and the Minnesota Secretary of State. Section 5. Property taxes payable on the annexed land shall be paid to Marshan Township for year 2023, the year in which the annexation becomes effective, in accordance with Minn. Stat. 414.033, Subd. 12. Section 6. The City of Hastings, pursuant to Minn. Stat. 414.036, shall provide reimbursement to Marshan Township to compensate the Township for loss of taxable property in the amount of eight hundred sixteen dollars and forty-eight cents ($816.48) payable in two annual payments: (1) on January 2, 2024 in the amount of $408.24; and (2) on January 2, 2025 in the amount of $408.24. Section 7. Pursuant to Minn. Stat. 414.036 with respect to any special assessments assigned by Marshan Township to the annexed property and any portion of debt incurred by the Township prior to the annexation and attributable to the property to be annexed, there are no special assessments or debt incurred by the Township on the subject area for which reimbursement is required. Section 8. This Ordinance shall become effective upon its passage, seven days after its publication, the filing of the certified copies as directed in Section 4 and upon approval of this Ordinance by the Minnesota Office of Administrative Hearings. Adopted by the Hastings City Council on March 20, 2023, by the following vote: X-C-01 Ayes: Nays: Absent: ATTEST: __________________________ Mary D. Fasbender, Mayor ________________________________ Kelly Murtaugh, City Clerk (City Seal) I HEREBY CERTIFY that the above is a true and correct copy of ordinance presented to and adopted by the City of Hastings, County of Dakota, Minnesota, on the 20th day of March 2023 as disclosed by the records of the City of Hastings on file and of record in the office. ________________________________ Kelly Murtaugh, City Clerk (SEAL) This instrument drafted by: City of Hastings (JH) 101 4th St. E. 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0 '0 0 " W 8 9 . 0 7 ' 5 5 . 3 1 ' 7 5 .4 8 ' 51.52' 7 . 5 0 ' 5 5 .4 1 ' N 4 4 ° 0 0 ' 0 0 " E 8 6 . 1 9 ' 7 0 .0 0 ' 100.35'4 5 .0 0 ' 4 9 . 9 1 ' 2 9 . 0 5 ' 4 5 .0 0 ' 5 4 . 8 2 ' 3 3 . 6 1 ' 8 2 . 2 5 ' 1 1 2 . 2 0 ' 1 5 6 .3 8 ' N 8 9 °3 0 '0 0 " E 1 5 1 .6 3 ' 4 5 .0 0 ' 5 2 . 3 8 ' 8 0 .8 3 '8 1 .3 9 ' 6 .2 1 ' 9 8 . 4 2 ' 7 0 .0 0 ' 7 2 .8 8 ' 3 2 .9 8 ' 6 . 9 2 ' 1 3 3 . 2 8 ' 7 7 . 6 8 ' N 6 3 ° 0 0 ' 0 0 " E 1 3 0 . 7 2 ' 4 5 .0 0 ' S 2 1 ° 0 0 ' 0 0 " W 9 8 . 0 5 ' 4 7 .1 3 ' N 5 4 °0 0 '0 0 " W 5 9 . 3 1 ' S 6 1 °0 0 '0 0 " E 1 2 0 .2 7 ' 4 1 . 3 8 ' 2 9 .4 1 ' 1 3 5 . 2 0 ' N 4 7 ° 3 0 ' 0 0 " E 1 3 7 . 8 9 ' 3 1 .7 4 ' 7 8 . 0 1 ' 1 7 9 . 2 5 ' 2 4 .2 0 ' 9 0 .8 9 ' S 6 0 °0 0 '0 0 " E 7 0 .0 0 ' S 8 ° 0 0 ' 0 0 " W 3 7 . 0 3 ' S 7 4 °0 0 '0 0 " E 1 0 7 .9 7 ' 1 9 .9 9 '1 4 . 9 5 ' 1 0 0 . 5 8 ' 7 6 .2 5 ' S 6 6 °0 0 '0 0 " E 8 9 .6 9 ' 5 1 .5 2 ' S 2 4 ° 0 0 ' 0 0 " W 1 1 3 . 1 0 ' 9 9 .9 0 ' 2 5 . 7 4 ' 1 9 .2 5 ' 4 9 . 4 3 ' N 3 4 ° 3 0 ' 0 0 " E 1 3 7 . 5 4 ' 8 7 .6 3 ' 8 0 .9 1 ' 2 4 . 3 5 ' S 3 8 ° 3 5 ' 2 2 " W 1 1 7 . 1 1 ' 6 0 .8 8 ' 3 .8 1 ' 1 0 7 . 2 2 ' 1 5 . 7 6 ' N 1 4 ° 0 0 ' 0 0 " E 7 0 .0 0 ' 6 7 . 9 2 ' 1 1 4 . 7 8 ' 6 0 . 4 6 ' 4 2 .1 4 ' 9 2 .1 4 ' 3 2 . 6 5 ' 3 3 .2 9 ' N 2 0 ° 0 0 ' 0 0 " E 1 2 9 . 3 0 ' 8 9 .1 5 ' 3 1 4 .9 6 ' 8 0 . 3 8 '3 4 .8 8 ' S 6 7 ° 5 9 ' 1 9 " W 1 1 1 . 5 8 ' 7 3 .6 2 ' N 4 9 °0 0 '0 0 " W 3 3 .5 0 ' 7 .7 4 ' 9 4 . 0 5 ' 1 2 .4 5 ' 7 0 .0 0 ' 1 2 4 . 2 8 ' 9 4 . 9 0 ' 3 4 .1 9 ' 1 3 1 . 1 9 ' 3 4 .1 3 ' 7 0 .0 0 ' 3 5 . 0 7 ' N 6 ° 3 0 ' 0 0 " E 1 1 5 . 2 9 ' 6 5 . 7 5 '3 5 .3 2 ' 1 2 0 . 0 1 ' 1 0 1 .3 2 ' 1 1 4 . 1 3 '1 1 0 .8 4 ' 3 3 .2 8 ' 7 0 . 0 0 ' 70.00' 3 3 .2 8 ' 7 0 . 0 0 ' N 6°00'00" W 117.90' 8 3 .1 1 ' N 5 6 °3 9 '1 0 " W 52.44' N 6 1 °5 8 '4 8 " W 7 4 .4 1 ' 2 6 .2 1 '24.06' S 8 6 °0 0 '0 0 " W 3 2 .8 8 ' N 7 2 °0 0 '0 0 " W 4 6 .2 7 ' 9 .4 7 ' N 6 7 °0 0 '0 0 " W 6 2 .8 0 ' S 4 7 °0 0 '0 0 " E 1 4 3 .4 3 ' 45.85'45.00' N 7 8 °3 0 '0 0 " E 9 9 .2 6 ' 3 4 .1 1 ' 2 2 .6 5 ' 4 5 . 0 0 ' 1 5 .0 9 ' 4 5 . 0 0 ' 3 2 2 . 7 6 ' 1 6 1 . 7 6 ' 1 4 0 . 4 6 ' 1 3 2 .7 5 ' 5 4 . 3 2 ' 1 6 6 . 1 4 ' 3 3 .7 8 ' 3 2 . 5 9 ' N 1 9°3 0'00 " W 1 3 8.2 1 ' N 2 4 ° 0 0 ' 0 0 " E 3 9 . 8 1 ' 1 0 9 .5 6 ' N 3 8 °0 4 '4 2 " W 1 0 3 .2 2 ' 58.36'14.00' N 8 1 °0 0 '0 0 " W 1 1 1 .2 8 ' 31.29'57.12' S 8 5 °3 0 '0 0 " W 9 0 .7 4 ' 56.08' N 8 7 °3 0 '0 0 " W 9 0 .7 7 ' 48.87' 9 5 .1 7 ' N 8 5 °0 0 '0 0 " W 342.23' N 3 8 °0 0 '0 0 " W 1 2 5 .4 6 ' 2 3 .3 0 '2 6 .9 5 ' 4 6 .0 8 ' N 5 7 °0 0 '0 0 " W 1 0 9 .9 1 ' 6 2 . 6 8 ' 1 8 0 .4 1 ' 4 4 .3 2 '9 4 .6 3 ' N 2 3 °0 0 '0 0 " W34.0 0 ' 4 5 .0 0 ' 5 7 . 0 2 ' 4 2 .4 0 ' 3 2 .8 9 ' 47 .3 6 ' 4 7 .8 6 ' N 2 2 °0 0 '00 " W 11 2 .4 1' 9 .73 ' 4 5 . 0 0 ' 7 8 .1 7 ' 1 8 8 . 2 3 ' 4 8 .2 2 ' 8 0 .3 7 ' 7 0 .5 8 ' 4 5 . 0 0 ' 4 8 .4 8 ' N 22 °0 0 '0 0 " W 1 2 0 .71 ' 4 9 .4 3 ' 3 5 . 7 1 ' 5 2 .0 6 ' S 7 ° 0 0 ' 0 0 " W 8 5 . 4 0 ' 4 4 . 8 5 ' 4 5 . 0 0 ' S 5 2 °0 0 '0 0 " E 8 9 .2 8 ' 3 3 .1 5 ' 5 2 . 8 5 ' 6 9 .6 0 ' 1 3 . 5 3 ' 3 1 .3 2 ' N 0 ° 3 0 ' 0 0 " E 1 0 6 . 3 1 ' 6 0 .7 8 ' 3 3 . 7 4 ' 4 5 . 0 0 ' S 5 7 °0 0 '0 0 " E 8 6 .2 0 ' N 3 8 °0 0 '0 0 " W 1 0 7 .8 8 ' 6 9 . 9 1 ' N 3 4 ° 1 7 ' 4 0 " E 6 1 . 3 2 ' 7 7 .5 7 ' 1 3 6 .8 6 ' 2 8 .9 2 ' 5 2 . 6 2 ' N 7 0 ° 1 1 '4 5 " E 5 0 . 4 4 ' N 14°0 0'00" W 114.8 0' 6 4 . 5 5 ' 2 4.82 '32.71' 5 9 . 3 8 ' 1 3 2 .7 6 ' N 11°00'00" W 96.88' 6 5 .8 9 ' N 6 6 °0 0 '0 0 " W 9 3 .4 0 ' 2 0 .5 0 ' N 2 1 ° 0 0 ' 0 0 " E 1 0 0 . 1 8 ' N 3 1 °5 4 '5 6 " W 1 1 4 .2 8 ' 5 0 . 5 8 ' 6 4 .0 1 ' 3 7 .1 3 '1 0 .7 1 ' 5 1 . 8 0 ' 4 8 .0 8 ' N 6 6 °0 0 '0 0 " W N 2 4 ° 0 0 ' 0 0 " E 9 4 . 4 4 ' N 3 2 °3 0 '0 0 " W 9 8 .5 3 ' 4 5 . 0 0 ' S 2 0°0 0 '00 " E 8 9 .7 1 ' 6 8 .4 0 ' 4 3 .7 0 ' 5 3 .6 2 ' 4 1 . 1 0 ' 4 1.6 0' 4 5 .0 0 ' 5 3 .0 3 ' 2 6 .9 8 ' N 4 ° 0 0 ' 0 0 " E 9 2 . 3 8 ' 1 2 1 .1 9 ' 1 0 .9 7 ' 4 5 .0 0 ' 4 2 . 7 3 ' 4 2 . 7 6 ' 4 5 .0 0 ' S 0 ° 0 0 ' 0 0 " E 9 5 . 7 1 ' S 7 3 °1 1 '0 5 " E 7 8 .8 3 ' 4 5 .0 0 '4 2.2 6' 4 2 . 5 9 ' 4 5 .0 0 ' 7 8 .6 2 ' S 8 3 °0 0 '0 0 " WN 1 7°0 0'00" W 92.0 8'4 5 . 0 0 ' 4 2 .0 7 ' S 2 1 ° 0 0 ' 0 0 " W 8 7 . 2 9 ' 6 7 .5 0 ' 2 0 .8 6 ' 5 7 . 7 6 ' 4 4 . 9 7 ' 4 5 .0 0 ' 4 1 .4 2 ' 4 5 . 0 0 ' 4 2 . 6 5 ' 45.00' 4 1 .1 5 ' 4 5 . 0 0 ' 4 1 .3 2 ' 4 5 . 0 0 ' N 3 7 °0 0 '0 0 " W 8 7 .9 8 ' 7 8 . 7 6 ' N 5 1 ° 5 0 ' 2 9 " E 1 2 .6 8 ' S 4 1 ° 0 0 ' 0 0 " W 9 5 . 8 5 ' S 3 2 °0 0 '0 0 " E 7 7 .5 5 ' S 6 1 ° 0 0 ' 0 0 " W 8 8 . 6 4 ' 5 3 .8 3 ' N 5 7 °0 0 '0 0 " W 1 0 1 .0 7 ' 2 2 . 5 8 ' N 7 8 °0 0 '0 0 " W 9 0 .9 9 ' 6 3 . 9 9 ' S 8 2 °0 0 '0 0 " W 9 2 .3 6 ' 7 6 . 8 5 ' S 3 ° 0 0 ' 0 0 " W 2 7 . 5 4 ' 24.67'24 .0 5 '2 4 .3 6 '2 3 .9 4 ' 7 8 . 9 9 ' Δ = 1 0 ° 0 2 ' 4 5 " R = 5 0 0 . 0 0 ' 8 7 . 6 7 ' 1 2 4 . 5 1 ' 7 7 . 8 0 ' 1 6 .7 0 ' 7 4 . 3 4 ' 4 1 .4 5 ' 2 4 .2 4 '2 4 .4 3 '2 4 .0 2 '2 4 .0 5 '2 4 .1 4 ' 2 4 .1 1 ' 7 4 .4 3 'R =1 6 0 .0 0 '6 8 .0 5 ' Δ =2 4 °2 2 '1 1 " 0 .2 0 ' 7 7 . 0 5 ' 2 1 9 . 0 8 ' 0 .7 7 ' R = 4 0 0 . 0 0 ' 2 7 1 . 5 4 ' Δ = 3 8 ° 5 3 ' 4 4 " Δ = 7 3 ° 5 0 ' 1 8 " R = 20 0 . 0 0 ' 2 5 7 . 7 4 ' 6 1 .6 7 ' 9 9 . 3 6 ' 2 4 .0 5 ' 3 7 4 .8 0 ' 2 3 .4 9 ' R =3 9 0 .0 0 ' 3 6 0 .9 2 ' Δ =5 3 °0 1 '2 6 " 3 4 7 .0 4 ' 2 4 .1 4 ' 2 4 .1 5 '2 4 .0 7 ' 2 4 .0 7 ' 8 5 . 1 0 ' 1 9 7 . 0 4 ' 2 4 .1 5 '2 4 .1 6 ' 2 4 .0 7 '2 4 .0 8 ' 2 4 .0 2 '2 4 .0 3 ' 2 4 .0 0 ' 2 0 6 .2 8 ' 2 4 .0 0 ' R =3 4 0 .0 0 ' 1 9 7 .5 6 ' Δ =3 3 °1 7 '3 3 " 1 8 8 .8 5 ' 2 4 .0 1 '2 4 .0 1 ' 2 4 .0 5 '2 4 .0 4 ' 2 4 .1 2 '2 4 .1 0 ' 2 4.2 2 '2 4 .1 8 ' 2 4 .3 8 '2 4 .4 5 ' 2 4 .1 5 '2 4 .1 8 ' 2 4 .0 3 '2 4 .0 4 ' 2 4 .0 1 '2 4 .0 1 ' 2 4 .0 9 '24 .0 9 ' 2 4 .2 7 '2 4 .3 0 ' 2 2 .5 0 ' 2 4 .5 6 '2 4 .6 3 ' 2 4 .9 8 '2 5.1 1 ' 5 6 .1 5 ' 6 9 .3 2 ' 63.28' 7 6 .7 6 ' 3 0 . 1 6 ' 5 2 .9 9 ' 7 8.31'37.41'81.25' 1 6 .3 3 ' 54 .8 2 ' 3 5 .4 9 ' 3 6 7 .6 0 ' 7 5 . 0 7 ' 3 5 .7 3 ' Δ =9 5 °1 8 '4 4 " R =3 1 0 .0 0 '5 15 .6 9 '10.69' 8 7.09' Δ =1 0 3 °0 8 '1 6 " R =2 2 0 .0 0 ' 3 96 .0 2 ' 3 1 4 .1 4 ' 8 4 .5 0' 3 9 .3 5 ' 6 8 .5 9 '3 0 .1 6 ' 107.46' 8 6 . 3 1 ' 6 8.68 ' 6 8 .6 6 ' 26 . 1 4 ' 2 6 .1 5 ' 2 5 .5 9 ' 3 2 .5 0 ' 3 3 .7 8 ' 61 .9 0 '5 4 .4 2 '6 4 .8 3 ' 9 8 .17' 6 9 .3 3 ' 5 9 .1 6 ' 6 8 .8 9 ' 1 0 0 .6 0 ' 6 6 .9 8 ' 3 2 .1 3' 4 5 .8 3 '6 0 .6 6 ' Δ =1 6 °3 6 '1 2 " R =1 ,2 0 0 .0 0 ' 3 4 7. 7 4' 5 2 .9 8 ' 1 5 .6 0 ' 2 .7 7 ' 5 1 .4 3 ' 5 7 .0 6 ' Δ = 3 7 ° 3 7 ' 3 5 " R = 3 8 0 . 0 0 ' 2 4 9 . 5 5 ' 8 .4 6 ' 3 1 . 4 7 ' 7 .8 6 ' 5 1 .8 2 ' 6 9 . 5 1 ' 4 8 . 4 8 ' 1 2 .1 6 ' 6 2 . 6 4 ' 4 7 .7 2' 3 7 . 3 3 ' 1 1 .2 9 ' 5 8.7 0 ' 8 8 .1 1 ' 3 5 . 9 2 ' 6 1 . 7 9 ' 4 9 . 3 2 ' 5 1 .0 1 ' 3 5 . 7 8 ' 5 0 .31' R =4 0 0 .0 0 ' 1 0 8 .5 5 ' Δ =1 5 °3 2 '5 5 " 4 6 .5 0 ' 6 1 . 9 9 ' 1 5 . 3 7 ' 5 9 . 7 4 ' 3.9 3 ' 8 1 . 1 5 ' 8 1 . 7 1 ' 6 5 . 1 4 ' 5 8 .8 4 ' 7 4 . 1 6 ' 1 1 . 5 9 ' 6 1 . 6 5 ' 5 4 .99' R = 2 0 0 . 0 0 ' 2 1 2 .2 9 ' Δ = 6 0 ° 4 8 '5 6" Δ = 3 8 ° 1 9 '4 0 " R = 3 1 0 . 0 0 ' 207. 3 7 ' 4 0 . 4 5 ' 2 7 . 5 6 ' 3 8 . 1 5 ' 3 . 0 3 ' 4 7 . 1 2 ' 7 5 .7 1 ' 4 6 . 9 8 ' 4 9 . 9 5 ' 27 .7 2 ' 2 6 . 6 2 ' 1 3 . 2 5 ' 3 8 . 0 6 ' 1 3 . 3 7 ' 1 9 . 2 7 ' 8 3 .97' 5 3 . 6 8 '34.1 1 '1 2 2 . 2 1 ' 5 6 . 3 4 ' 5 1 . 2 5 ' 7 5 .5 2 ' 4 4 . 7 1 ' 5 2 .1 2 ' 1 6 .8 8 ' 4 2 .0 1 ' 7 . 4 4 ' 3 0 .5 8 ' 3 6 . 1 3 ' 2 9 .6 6 ' R = 3 0 0 . 0 0 ' 3 8 3 .1 3 ' Δ = 7 3 ° 1 0 ' 2 1 " 3 0 .5 1 ' 3 0 . 5 2 ' 2 9 .5 9 ' 3 0 . 6 6 ' 2 9 .8 9 ' 3 0 . 1 1 ' 2 9 .8 8 ' 3 0 . 8 5 ' 29 .8 4' 1 1 1 1 1 10 10 10 10 11 11 11 11 12 12 12 13 13 14 15 16 17 18 19 22 2 2 2 3 3 3 3 3 4 4 4 4 4 5 5 5 5 6 6 6 6 7 7 7 7 8 8 8 8 9 9 9 9 A c t i v e A d u l t A s s i s t e d L i v i n g Do g Pa r k G re a t R i ve r R o ad Le n g t h o f P u b l i c S t r e e t C e n t e r l i n e = 2 , 6 9 5 ' P R E S E R V E 76 4 , 0 2 9 . 9 f t ² (1 7 . 5 3 9 7 1 3 a c r e s ) 1" = 80 feetX-C-01 Best Property Annexation– Walden at Hastings Comments from Neighbors City Council Meeting – March 6, 2023 Betsy Winter – February 27, 2023 Hello, I’m inquiring about the Walden of Hastings housing development being looked at for construction of 450 rentals on 316 and Michael Ave. Can you tell me if this will be section 8 housing with this development. Also, how would these residents get in and out of this development only using Michael Ave and 316? Thank you in advance. Betsy Winter Resident of South Pines II Steven and Tammy Engstrom – February 5, 2023 See attached letter X-C-01 X-C-01 X-C-01 X-C-01 X-C-01 X-C-01 December 6, 2022 RE: Development Review Committee Review - Concept Plan - Land Equity Concept Plan - Best Property - TH 316 The Development Review Committee met today to review your concept plan for a mixed use residential development. City Staff included: John Hinzman Community Dev. Dir. 651-480-2378 jhinzman@hastingsmn.gov Justin Fortney City Planner 651-480-2381 jfortney@hastingsmn.gov Ryan Stempski PW Director\City Engineer 651-480-2368 rstempski@hastingsmn.gov John Caven Assistant City Engineer 651-480-2369 jcaven@hastingsmn.gov Travis Dunn Building Official 651-480-2375 tdunn@hastingsmn.gov Al Storlie Fire Marshall 651-480-6155 astorlie@hastingsmn.gov Jamie Stevens Fire Inspector 651-480-6158 jstevens@hastingsmn.gov. Chris Jenkins Parks and Rec Director 651-480-6176 cjenkins@hastingsmn.gov Below are items discussed at the meeting along with other preliminary comments: 1) Sequence of Land Use Approvals - The following path for land use approvals is recommended. a) Pre-Application • Neighborhood Meeting • Meeting with Planning Committee of City Council b) 1st Round - Initial Review • Annexation - Continuation of the existing tabled application. • Environmental Assessment Worksheet - The number of housing triggers completion of an EAW with review and submittal by the City or Township. • Comprehensive Plan Amendment - Change the Future Land Use from Low Residential to Medium Residential • Park Dedication - Meet with Parks and Recreation Commission to determine method of park dedication which may include physical land dedication, construction of facilities, or payment of cash in lieu of land. c) Second Round - Approval of overall Site Development • Rezoning - Rezone Property to R-3 Medium Residential • Planned Residential Development - Hastings’ version of a PUD. X-C-01 • Preliminary and Final Plat - Prefer Preliminary Plat to encompass entire site. Various phases can be separate Final Plat applications. See Plat Handout • Development Plan Approval (Optional) - Concept Plan approval for the entire site that establishes certain parameters for future components pertaining to uses, density, parking, landscaping, architecture, phasing plan, etc. Future Plat and Site Plan components are compared against the Development Plan to more efficient approvals. d) Third Round - Individual Components • Site Plan - All buildings over three attached units require Site Plan approval. See Site Plan Handout • Variance - Variance necessary for any cul-de-sacs exceeding 500 feet. • Shoreland Management Permits (if applicable) 2) City Code - Please find the following links to the City Code: a) Chapter 152 - Stormwater Management - Link to proposed ordinance update b) Chapter 153 - Shoreland Management c) Chapter 154 - Subdivision Code d) Chapter 155 - Zoning Code - which includes the following: • 155.51 - Site Plan Procedure • 155.52 - Architectural Standards • 155.53 - Landscape Standards • 155.53.5 - Exterior Lighting 3) Shoreland Management Regulations - The Sand Coulee Flowage traverses the eastern end of the site. Development activities within 300 feet of the Flowage are subject to Shoreland Management Rules of the City Code. 4) MN Dot Review - Plans have been sent to MN Dot to review potential roadway accesses to TH 316 and any intersection improvements. Western entrance with cut across may warrant further traffic analysis – movements in this area may be dangerous in peak hour if vehicles are queueing. MNDOT approval required for allowance of second entrance. Is spacing sufficient? Do turn lanes need to be added? 5) Traffic Study - A traffic study will need to be completed as part of the EAW. 6) People Movement Plan - Mississippi River Regional Trail should continue along TH 316 via connection from adjoining northern subdivision. Please see People Movement Plan for further information. 7) Multiple Family Facilities - Please clarify the number of units in each building. 8) Senior Living Facilities - Please clarify whether buildings will be independent living or dependent living facilities X-C-01 9) Parking for Apartments - Will apartment and senior living building incorporate underground parking? 10) Overflow Parking for Townhomes - Narrow streets combined with shorter distances between driveway entrances to the street will limit the availability for on street parking for overflow events. 11) Electrical Vehicle Charging - Will the site include any EV charging facilities. 12) Rental - Proposal for most (or all) of the subdivision to be rented instead owner occupied is a new concept for Hastings. The Council and public will likely have questions pertaining to the valuation of the project, effect on neighboring property owners, overall maintenance, and potential for individual home ownership in the future. 13) Homes abutting North Property Line - Existing single family homeowners that abut the north property line will scrutinize the type, value, and visibility of proposed homes that will abut their backyards. 14) Private versus Public Facilities - Wanting to understand high level anticipated long term maintenance split public versus private and what the association would be taking care of. Items include a) Ownership Split of Streets/Trails/Utilities/Ponds/Green Space (Such as landscaped cul de sac areas) b) How will landscaped center islands be protected/cleaned from snow plowing and storage 15) Development Plans for Sand Coulee - Clarify any trail or public access to the Sand Coulee area. 16) Sidewalk Meander - Proposed meandering sidewalk\trails along streets appear to extend beyond the public ROW and may impact the parking of vehicles within driveways. Further information is needed to ensure maintenance\ownership if outside ROW and limit impact to parking of driveway vehicles. 17) Stormwater Irrigation - Could water collected via stormwater treatment be used for irrigation. 18) Lift Station - Site is served by an existing sanitary sewer lift station. The number of proposed units will likely require the lift station to be upgraded. 19) Utility Connections - There was discussion of utility connections following the trail which meanders in and out of properties, applicant should clarify their intention here as this does not sound like an industry standard. Curb boxes for example should be placed at the right of way line regardless of trail location. X-C-01 21) Access Alignment - East/west access through middle of multi-unit buildings does not appear to align safely with parkway entrance on west half of development. 22) Association Maintenance - How will the associations from adjacent phases/areas be operated together as one central entity? Currently have problems in other developments where separate associations are formed in one common development, City becomes inserted between as moderator. 23) Building Permit Checklist - Further information on building code requirements and checklists can be found here 24) SAC Determination - Please contact Metropolitan Council for a SAC Determination. Combined City\Met Council SAC\WAC is $5,500 per unit. 25) Solid Waste and Recycling - Please see Dakota County Ordinance 110 for further information on recycling requirements. Please contact me with any questions at (651) 480-2378 or jhinzman@hastingsmn.gov. Sincerely, CITY OF HASTINGS John Hinzman, AICP Community Development Director Encl. X-C-01 TO: Mayor Fasbender and Members of the City Council FROM: Kori Land, City Attorney DATE: March 20, 2023 RE: Licensing and Zoning Cannabis Ordinances – Final Adoption INTRODUCTION: At the end of the 2022 Legislative Session, the State of Minnesota passed new laws allowing the sale of edible cannabis/cannabinoid products with .3% THC or less, which went into effect July 1, 2022. The new law limits the sale of CBD products to individuals aged 21 and older and implements regulations regarding the packaging of edible CBD products, as well as many other rules and safeguards to attempt to prevent the sale to or consumption by minors. The new law did not establish any significant State oversight of these legalized edible cannabis products but left licensing and zoning authority open to local jurisdictions. City Moratorium on Cannabis The Public Safety Advisory Commission (PSAC) began reviewing the new legislation in August 2022 in order to make a recommendation to the Hasting Public Safety Committee of the Council (PSC) on potential regulations of these cannabis products. On September 19, 2022, the City Council approved a moratorium of 6 months to allow time to conduct research on these uses. The moratorium expires on or around March 19, 2023. Those businesses that were already selling cannabis products were allowed to continue selling during the moratorium, but it prohibited their expansion, and it prohibited new businesses from selling these products. PSAC Review of Cannabis During the moratorium, PSAC studied and reviewed potential City regulations on legal cannabis products during several meetings from September 2022 to January 2023. PSAC invited existing Hastings retailers to share their knowledge and expertise about the various products, including edibles and beverages. A report outlining its recommendations was unanimously approved by PSAC and forwarded to the PSC, who reviewed them in January and adopted nearly all of the recommendations. These recommendations served as the template for the proposed ordinances. (The reports from each committee are attached.) As you are aware, the Minnesota State Legislature introduced legislation for state- regulated Adult-Use Cannabis. The proposed legislation includes cannabis uses from cultivating to retail sales and every step in between. It includes all types of cannabis products that contain less than .3% THC and products that contain more than .3% THC. 1305 CORPORATE CENTER DRIVE | SUITE 300 | EAGAN, MN 55121 | MAIN: 651-451-1831 | WWW.LEVANDER.COM X-C-02 Page 2 Licensing and Zoning Cannabis Ordinances The proposed State legislation does not allow for local licensing of Adult-Use Cannabis, but it does allow for local zoning as long as it is related to time, place and manner regulations. Armed with the recommendations from the PSC and using some of the proposed legislation verbiage, a Licensing Ordinance and Zoning Ordinance were prepared and are before you for Final Reading. DISCUSSION: You will note that the Zoning Ordinance and the Licensing Ordinance contain many identical provisions. The reason for this is because while we cannot be certain that the proposed legislation will be adopted this session or even if it is, that it will remain in its current rendition, it is possible that licensing will be completely preempted by the State, thereby making any local Licensing Ordinance ineffective. However, if identical provisions are in the Zoning Ordinance, authority for which is anticipated to survive in the proposed legislation, then the City is able to preserve its intent of protecting the public health, safety and general welfare, particularly as it relates to the unauthorized sales to and use by minors. In anticipation of the legality of Adult-Use Cannabis, the Licensing and Zoning Ordinances before you attempt to capture all of the cannabis uses – including those uses that are legal now (less than .3% THC) and those that may become legal in the near future (greater than .3% THC). In addition, both ordinances contain a provision that states that no cannabis products within the City can contain more than .3% THC. The intent is that if the proposed legislation passes, the City can hit the “pause” button before businesses automatically begin selling Adult-Use Cannabis, giving the Council time to re-evaluate and determine if additional regulations or less regulations are necessary and if the zoning districts are appropriate. We are not guaranteed that any adopted state law will allow the City to enforce the “no greater than .3%” provision, but at least it shows the Council’s intent to review and reflect on the uses prior to full implementation. It is likely that cities will be allowed to enact a longer-than-normal moratorium if needed to take an official “pause” and study the issue, so hopefully the City will be able to review it either way. There is no way to predict the direction the State legislature will go or what provisions it will include. If the State completely preempts local licensing, then it is helpful that all of the performance standards are in the Zoning Ordinance, which are all related to time, place and manner regulations. If the State legislation permits local licensing, then it is not harmful that we have duplicative conditions, standards and regulations in both ordinances. PROPOSED ORDINANCES: The proposed ordinances include the following provisions: 1. Cannabis businesses must be licensed by the City and in compliance with zoning. 2. The definition of a Cannabis Business is as follows: X-C-02 Page 3 Licensing and Zoning Cannabis Ordinances “CANNABIS BUSINESS: means a cultivator, manufacturer, retailer, wholesaler, transporter, testing facility, event organizer, delivery service, edible retailer, medical cultivator, medical processor and medical retailer, of cannabis, cannabis products or cannabis related devices.” 3. Includes definitions that are in the current law for edible cannabis products and in the proposed legislation, such as “adult-use cannabinoid” to try to capture all of the cannabis uses of today and tomorrow. 4. Medical marijuana uses are excluded from licensing requirements, since they are preempted by the existing State laws, however, they would be required to comply with zoning and can only operate in the appropriate zoning districts. 5. Allows the following uses in the following districts: a. Ag District i. Cultivation operations by Special Use/Conditional Use Permit if: • On 100 contiguous acres; and • No sales are permitted on the same property b. C-3 and C-4 District i. Cannabis product retail sales by Special Use/Conditional Use Permit • See performance standards below c. I-1 i. Manufacturing, testing, processing, wholesale operations by Special Use/Conditional Use Permit • Some of these uses tend to have odor issues which can be mitigated with reasonable conditions on a case-by-case basis 6. Time, place and manner regulations for Retail Sales: a. Prohibits the purchase, use and possession of anyone under 21 b. Clerks must be 21 to sell products c. Business must require proof of age and have signage of age requirement d. Products must comply with State labeling and packaging requirements (currently 5 mg THC per serving and 50 mg THC per package, must be child-resistant, not resemble candy products, etc.) e. Sales only between 8:00 a.m. and 10 p.m. f. Products must be behind a counter – no direct contact by customer until point of sale g. Security plan approved by the Police Chief h. Comply with compliance checks (like tobacco and alcohol) i. No vending machines j. No mobile sales or deliveries (transient merchants, peddlers, special events, home occupations) X-C-02 Page 4 Licensing and Zoning Cannabis Ordinances k. Not allowed at liquor stores or bars l. No sale of cannabis products with more than .3% THC The Fee Ordinance Amendment is also being introduced as a first reading. As part of the discussion for these ordinances, it would be an appropriate time to discuss the fees for the uses noted above. We are proposing a July 1, 2023, implementation date for City Staff to develop the license application form, to educate the businesses on the local licensing and zoning provisions, to give businesses time to decide if they want to apply for a license or to sell out their inventory, and to see what happens at the State legislature. The following language will apply to existing businesses and any new business attempting to open between the time of adoption (March 20, 2023) and the Effective Date (July 1, 2023): A. Existing cannabis businesses that do not comply with this ordinance as of the date of adoption may be allowed to continue to operate as a cannabis business until the Effective Date, after which time they shall be required to be in full compliance with City licensing or registration requirements and all zoning requirements. B. No new cannabis business shall be allowed to open or start operating from the date of adoption of this ordinance without being in full compliance with all City ordinances. The Planning Commission held a public hearing on February 27, 2023, and unanimously recommended the Zoning Ordinance for approval. The Council approved both ordinances for first reading on March 6, 2023, so they are now before you for Final Reading. RECOMMENDATION: Discuss ordinances Adopt Ordinance Amending City Code Chapter 155 – Zoning Ordinance Regarding Uses, Sales and Operations of Cannabis and Hemp Businesses Adopt Ordinance Enacting City Code Chapter 117 – Ordinance Regarding the Licensing of Uses, Sales and Operations of Cannabis and Hemp Businesses ATTACHMENTS: • Ordinance Amending City Code Chapter 155 – Zoning Ordinance Regarding Uses, Sales and Operations of Cannabis and Hemp Businesses X-C-02 Page 5 Licensing and Zoning Cannabis Ordinances • Ordinance Enacting City Code Chapter 117 – Ordinance Regarding the Licensing of Uses, Sales and Operations of Cannabis and Hemp Businesses • Report from the Public Safety Committee • Report from the Public Safety Advisory Commission X-C-02 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, County of Dakota, State of Minnesota, Chapter 117 Cannabis Businesses is hereby enacted as follows: 117.01 Purpose Because the City recognizes that persons under the age of twenty-one (21) years may purchase or otherwise obtain, possess and use intoxicating cannabis products; and the sale of these products to persons under twenty-one (21) years of age are violations of State and Federal laws; and because the use of intoxicating cannabis products by those underage subsequently places a financial burden on all levels of government, this chapter is intended to regulate the sale of intoxicating cannabis products and cannabis-related devices for the purpose of enforcing and furthering existing laws. In order to protect the public health, safety, and welfare, the City Council deems it necessary to provide for the regulation and licensing of cannabis businesses. 117.02 Definitions For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. ADULT-USE CANNABINOID or CANNABIS PRODUCT: means any cannabinoid product authorized for sale under Minnesota state law. It includes edible cannabinoid products but not medical cannabinoid products. It does not include non-intoxicating cannabis projects. CANNABINOID: means any of the chemical constituents of hemp plants or cannabis plants that are naturally occurring, biologically active, and act on the cannabinoid receptors of the brain. Cannabinoid includes but is not limited to tetrahydrocannabinol and cannabidiol. CANNABINOID or CANNABIS PRODUCT: means any of the following: 1. Cannabis concentrate; 2. A product infused with cannabinoids, including but not limited to tetrahydrocannabinol, extracted or derived from cannabis plants or cannabis flower; 3. Any other product that contains cannabis concentrate; 4. A product infused with artificially derived cannabinoids; ORDINANCE NO. 2023- AN ORDINANCE FOR THE CITY OF HASTINGS, MINNESOTA, ENACTING HASTINGS CITY CODE CHAPTER 117 - ORDINANCE REGARDING THE LICENSING OF USES, SALES AND OPERATIONS OF CANNABIS AND HEMP BUSINESSES X-C-02 5. Adult-use cannabinoid products; 6. Edible cannabinoid products; It does not include cannabis flower, artificially derived cannabinoids or hemp- derived consumer products. CANNABIS: means a compound of the cannabis plant known as cannabidiol. CANNABIS BUSINESS: means a cultivator, manufacturer, retailer, wholesaler, transporter, testing facility, event organizer, delivery service, edible retailer, of cannabis, cannabis products or cannabis related devices. CANNABIS RELATED DEVICES: means any equipment, products or materials of any kind which are used, intended for use, or designed for use in repackaging, storing, smoking, vaporizing, or containing cannabis, or for ingesting, inhaling or otherwise introducing cannabis or cannabis products into the human body. CERTIFIED HEMP: means hemp products that have been tested and found to meet the requirements of Minnesota Statutes, Chapter 18K, and the rules adopted thereunder by the State of Minnesota. EDIBLE CANNABINOID or CANNABIS PRODUCT: means any product that is intended to be eaten or consumed as a food or beverage, contains a cannabinoid in combination with food ingredients, and is not a drug. HEMP OR INDUSTRIAL HEMP: means the “Industrial Hemp” definition provided under Minnesota Statutes Section 18K.02 subdivision 3. HEMP MANUFACTURING: means the ability to facilitate the manufacturing of industrial hemp. INTOXICATING CANNABINOID or CANNABIS: means a cannabinoid, including an artificially derived cannabinoid, that when introduced into the human body impairs the central nervous system or impairs the human audio, visual, or mental processes. Intoxicating cannabinoid includes but is not limited to, any THC. MEDICAL CANNABIS: means the definition provided under Minnesota Statutes Section 152.22, subdivision 6. MEDICAL CANNABIS DISTRIBUTION FACILITY: means a facility operated by a medical cannabis manufacturer for purposes of distributing medical cannabis in accordance with Minnesota Statutes Section 152.29, subdivision 1(a), and the requirements of the Commissioner of Minnesota Department of Health or other applicable state law. X-C-02 MOVABLE PLACE OF BUSINESS: means any form of business operated out of a truck, van, automobile, trailer, tent, table, or booth, that is transportable and not a fixed address store front or other permanent type of structure. NON-INTOXICATING CANNABINOID or CANNABIS PRODUCT: means products made from substances extracted from certified hemp plants that do not produce intoxicating effects when consumed by any route of administration. This may include tinctures, creams, lotions, ointments, or salves. THC: means tetrahydrocannabinol. 117.03 License No person shall engage in a cannabis business directly or indirectly deal in, sell, keep for sale, deliver, manufacture, distribute, test, cultivate, grow, transport, or organize an event for any intoxicating cannabinoid or cannabis product, without first having received a license to do so from the state, if so required and from the City, as provided in this chapter. No license shall be required for a cannabis business that only sells non-intoxicating cannabis products or any medical cannabis businesses that are regulated by State law. 117.04 License Application A. Application. An application for a license shall be made on a form provided by the city. The application shall contain the full name of the applicant, the applicant’s residential and business addresses and telephone numbers, the name of the business for which the license is sought, a copy of the educational materials the applicant intends to use to educate employees and any additional information the city deems necessary. Upon receipt of completed application, the City Clerk shall forward the application to the Council for action at a City Council meeting. If the Clerk determines an application is incomplete, the Clerk shall return the application to the applicant with notice of the information necessary to make the application complete. B. Investigation Fee. 1. At the time of filing an application for any license that can be issued under this chapter, the applicant shall pay the city an investigation fee in the amount established by ordinance of the City Council. 2. This investigation fee shall be a non-refundable fee and shall be used to cover the city’s cost in processing the application and investigation of the applicant. 3. At the time of a renewal of a license, the investigation will be included in the renewal license fee, which will be established by ordinance of the City Council. C. Background Investigation. 1. At the time of making an initial application, renewal application, or request for a new operating officer, the applicant shall file a completed application form with the City Clerk. The applicant shall authorize the Hastings Police X-C-02 Department and other city departments, as deemed necessary by the City Clerk, to investigate all information in the application and to conduct a thorough background and criminal record investigation on the applicant. The applicant shall authorize the police to release information received from the investigation to the City Council. 2. Upon completion of the background investigation, the Hastings Police Department shall file with the City Clerk a written report of its investigation. 3. Upon receipt of the investigation results, the City Clerk shall forward a recommendation to the City Council for approval or denial. 4. No license will be issued or renewed if the results of the background investigation show to the satisfaction of the City Council that issuance of a license would not be in the public interest. D. Renewals. The renewal of a license issued under this section shall be handled in the same manner as the original application. The request for a renewal shall be made at least 30 days but no more than 60 days before the expiration of the current license. 117.05 Fees No license shall be issued under this chapter until the appropriate fees are paid in full. The fee for a license under this chapter shall be set by ordinance. 117.06 Action, Display, Term, Transferring. A. The City Council may approve or deny the application for a license, or it may delay action for a reasonable period of time to complete any investigation of the application or the applicant deemed necessary. The issuance of a license is a privilege and does not entitle the license holder to an automatic renewal of the license. B. Display. All licenses shall be posted and displayed in plain view of the general public on the licensed premise. C. Term. All licenses shall be for a period of one (1) year and shall expire on December 31 of each year, regardless of when the license was originally issued. All retail licensees will be subject to an annual compliance check. D. No Transfers. All licenses issued under this chapter shall be issued only for the premises to which the license was issued and only for the person to whom the license was issued. No transfer of any license to another person or location shall be allowed. X-C-02 117.07 Basis For Denial Of A License The following shall be grounds for denying issuance or a renewal of a license under this chapter. A. The applicant is under the age of 21 years. B. The applicant has been convicted within the past 5 years of any violation of a federal, state, or other law, ordinance provision, or other regulation relating to the license. C. The applicant had a similar license revoked within the preceding 12 months of the date of application in any jurisdiction. D. The applicant fails to provide information required in the application or provides false or misleading information. E. The applicant is prohibited by federal, state, or other local law, ordinance, or other regulation, from holding such a license. F. The applicant or license holder has outstanding fines, penalties, or property taxes owed to the city. 117.08 Performance Standards A. A cannabis business shall only operate in an authorized zoning district with an approved State and local license or registration. B. Any person selling or distributing cannabis products shall require proof of age by means of government issued photographic identification from the prospective purchaser showing purchaser is twenty-one (21) years old or older. C. Signage identifying the legal sales age and the age verification requirement shall be posted at the point of sale. The required signage shall be posted in a manner so that it is clearly visible to anyone who is considering or making a purchase. The sign shall provide notice that all persons responsible for selling these products must verify the age of any person under thirty (30) years of age, by means of photographic identification required in this section, containing the bearer’s date of birth. D. Cannabis products must comply with the testing, labeling and packaging requirements in Minnesota State law. E. No sales or distribution of intoxicating cannabis products shall be allowed at the licensed premises after 10 p.m. or before 8:00 a.m. X-C-02 F. It shall be unlawful for a retailer to allow the sale of intoxicating cannabis products or cannabis related devices by any means whereby a customer has access to such items without having to request the item from the retailer or the retailer’s employee. There shall be a physical exchange of the intoxicating cannabis product or cannabis-related devices between the retailer or the retailer’s employee and the customer. All intoxicating cannabis products and cannabis-related devices shall be either stored behind a counter or other area not freely accessible to customers, or in a storage unit or case not open and accessible to the general public. G. All retail establishments of intoxicating cannabis products shall have a security plan approved by the Police Chief stating how the facility will address public health, welfare and safety concerns including, but not limited to security cameras, fencing, lighting, window coverings, door placement, and landscaping. H. Compliance Checks and Inspections: All licensed premises must be open to inspection by the local law enforcement or other authorized City officials during regular business hours. From time to time, but at least once per year, the City will conduct compliance checks on Retailers and Edible Retailers of intoxicating cannabis products by engaging persons between the ages of seventeen (17) and twenty-one (21) years, to enter the licensed premises to attempt to purchase intoxicating cannabis products. Persons used for compliance checks are not guilty of the unlawful purchase or attempted purchase, nor the unlawful possession of intoxicating cannabis products when the items are obtained or attempted to be obtained as a part of the compliance check. No person used in compliance checks may attempt to use a false identification misrepresenting the person's age, and all persons lawfully engaged in a compliance check may answer all questions about the person's age asked by the retailer or his or her employee and shall produce any identification, if any exists, for which he or she is asked. Nothing in this section prohibits compliance checks authorized by State or Federal laws for educational, research or training purposes, or required for the enforcement of a particular State or Federal law. 117.09 Prohibited Acts A. It shall be unlawful for any person to sell, purchase, obtain or otherwise provide any intoxicating cannabis product to any person under the age of twenty-one (21). B. It shall be unlawful for any person under the age of twenty-one (21) to possess any intoxicating cannabis product. This chapter shall not apply to persons under the age of 21 lawfully involved in a compliance check. C. It shall be unlawful for any person under the age of twenty-one (21) to use or consume any intoxicating cannabis product, unless it is legally authorized medical cannabis. X-C-02 D. It shall be unlawful for any person under the age of twenty-one (21) to attempt to disguise the person’s true age by the use of a false form of identification, whether the identification is that of another person or one in which the age of the person has been modified or tampered with, to represent an age older than the actual age of the person, in order to purchase any intoxicating cannabis product. E. No adult-use cannabinoid or cannabis product may contain more than 0.3% of THC. F. No edible cannabis product can contain an amount of THC that exceeds the per serving or per package requirements in Minnesota State law. G. No intoxicating cannabis product may be sold to an obviously intoxicated person or a person under the influence of a controlled substance. H. No one under the age of twenty-one (21) shall sell intoxicating cannabis products. I. Intoxicating cannabis products cannot be sold in vending machines, by transient merchants, peddlers, at a movable place of business, through a drive-through window, at special events, home occupations, by internet sales or delivery service. J. Intoxicating cannabis products cannot be sold at exclusive liquor stores or on-sale liquor establishments. K. No sampling or free donations or distributions of intoxicating cannabis products is allowed. L. No sales of intoxicating cannabis products may be completed through self-check- out. The retailer or retailer’s employee must process each transaction at a point of sale. 117.10 Hearings And Appeals A. Notice. Upon discovery of a suspected violation of the City Code or state law, the licensee shall be issued, either personally or by mail, a notice, complaint or citation that sets forth the alleged violation. The consequences of an alleged violation may include, but are not limited to an administrative citation, criminal citation, administrative action such as suspension or revocation, informing other state regulatory agencies, or other such action as authorized by law. B. Generally. For an administrative citation, the process set forth in City Code Section 10.25 shall be followed. For an administrative action, such as a license suspension or revocation, a license holder will be afforded a hearing before the City Council with an opportunity to be represented by counsel, to testify, present evidence and witnesses for the Council’s consideration. X-C-02 C. Findings. If after the hearing, the applicant is found to have violated this chapter, the City Council may issue a suspension or revocation of the license. All decisions by the Council shall be in writing, setting forth the reasons for the findings and such writing shall be provided to license holder. D. Misdemeanor Prosecution. Nothing in this section shall prohibit the city from seeking prosecution as a misdemeanor for any alleged violation of this chapter and the city is not precluded from suspending or revoking the license of a licensee as provided by this chapter. SECTION 2. 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 amendment adopted by the Hastings City Council on , 2023 modifies the City Ordinance to regulate adult-use cannabis and hemp operations and uses through licensing with performance standards. SECTION 3. MORATORIUM TERMINATION; EFFECT ON EXISTING AND NEW BUSINESSES. A. Upon adoption of this ordinance, the Interim Ordinance Prohibiting the Establishment of New Uses or the Expansion of Existing Uses Related to Cannabis and Intoxicating Cannabinoids (CBD) Sales, Testing, Manufacturing or Distribution, adopted on September 19, 2022, is hereby terminated. B. Existing cannabis businesses that do not comply with this ordinance as of the date of adoption may be allowed to continue to operate as a cannabis business until the Effective Date, after which time they shall be required to be in full compliance with City licensing or registration requirements and all zoning requirements. C. No new cannabis business shall be allowed to open or start operating from the date of adoption of this ordinance without being in full compliance with all City ordinances. SECTION 4. EFFECTIVE DATE. This ordinance shall be in full force and effect on July 1, 2023. Passed this day of , 2023. Mary Fasbender, Mayor X-C-02 Attest: Kelly Murtaugh, City Clerk Published in the on [Date]. X-C-02 ORDINANCE NO. 2023- AN ORDINANCE FOR THE CITY OF HASTINGS, MINNESOTA, AMENDING HASTINGS CITY CODE CHAPTER 155 - ZONING ORDINANCE REGARDING USES, SALES AND OPERATIONS OF CANNABIS AND HEMP BUSINESSES 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, County of Dakota, State of Minnesota, Chapter 155, Section 155.21.D Special Use Permits in the A - Agricultural District shall be amended as follows: D. Uses by Special Permit 5. Cannabis, medical cannabis and hemp growing, cultivating or farming operations pursuant to the following conditions: a. A minimum of 100 contiguous acres under single ownership is required for the operation; b. The operator must be licensed by the State of Minnesota; c. The sale of cannabis products is not permitted on the same property as the operation. SECTION 2. AMENDMENT. The Code of the City of Hastings, County of Dakota, State of Minnesota, Chapter 155, Section 155.30.C Special Use Permits in the C-3 Community Regional Commerce District shall be amended as follows: C. Uses by Special Permit 10. Cannabis retailer, edible retailer, medical retailer, and medical cannabis distribution facility that comply with the requirements in City Code Section 155.07.J. SECTION 3. AMENDMENT. The Code of the City of Hastings, County of Dakota, State of Minnesota, Chapter 155, Section 155.32.C Special Use Permits in the C-4 Regional Shopping Center District shall be amended as follows: C. Uses by Special Permit 6. Cannabis retailer, edible retailer, medical retailer, and medical cannabis distribution facility that comply with the requirements in City Code Section 155.07.J. X-C-02 SECTION 4. AMENDMENT. The Code of the City of Hastings, County of Dakota, State of Minnesota, Chapter 155, Section 155.34.C Special Use Permits in the I-1 Industrial Park District shall be amended as follows: C. Uses by Special Permit 4. Cannabis, medical cannabis or hemp manufacturer, testing facility, wholesaler and processor. SECTION 5. AMENDMENT. The Code of the City of Hastings, County of Dakota, State of Minnesota, Chapter 155, Section 155.07 SPECIAL PROVISIONS shall be amended by adding the following section for Cannabis Businesses as follows: J. Cannabis Businesses. Because the City recognizes that persons under the age of twenty-one (21) years may purchase or otherwise obtain, possess and use intoxicating cannabis products; and the sale of these products to persons under twenty-one (21) years of age are violations of State and Federal laws; and because the use of intoxicating cannabis products by those underage subsequently places a financial burden on all levels of government, this chapter is intended to regulate the sale of intoxicating cannabis products and cannabis-related devices for the purpose of enforcing and furthering existing laws. 1. The following words, terms, and phrases when used in this Chapter shall have the meaning ascribed to them in this Section except where the context clearly indicates a different meaning: ADULT-USE CANNABINOID or CANNABIS PRODUCT: means any cannabinoid product authorized for sale under Minnesota state law. It includes edible cannabinoid products but not medical cannabinoid products. CANNABINOID: means any of the chemical constituents of hemp plants or cannabis plants that are naturally occurring, biologically active, and act on the cannabinoid receptors of the brain. Cannabinoid includes but is not limited to tetrahydrocannabinol and cannabidiol. CANNABINOID or CANNABIS PRODUCT: means any of the following: a. Cannabis concentrate; b. A product infused with cannabinoids, including but not limited to tetrahydrocannabinol, extracted or derived from cannabis plants or cannabis flower; c. Any other product that contains cannabis concentrate; d. A product infused with artificially derived cannabinoids; e. Adult-use cannabinoid products; f. Edible cannabinoid products; g. Medical cannabinoid products. X-C-02 It does not include cannabis flower, artificially derived cannabinoids or hemp-derived consumer products. CANNABIS: means a compound of the cannabis plant known as cannabidiol. CANNABIS BUSINESS: means a cultivator, manufacturer, retailer, wholesaler, transporter, testing facility, event organizer, delivery service, edible retailer, medical cultivator, medical processor and medical retailer, of cannabis, cannabis products or cannabis related devices. CANNABIS RELATED DEVICES: means any equipment, products or materials of any kind which are used, intended for use, or designed for use in repackaging, storing, smoking, vaporizing, or containing cannabis, or for ingesting, inhaling or otherwise introducing cannabis or cannabis products into the human body. CERTIFIED HEMP: means hemp products that have been tested and found to meet the requirements of Minnesota Statutes, Chapter 18K, and the rules adopted thereunder by the State of Minnesota. EDIBLE CANNABINOID or CANNABIS PRODUCT: means any product that is intended to be eaten or consumed as a food or beverage, contains a cannabinoid in combination with food ingredients, and is not a drug. HEMP OR INDUSTRIAL HEMP: means the “Industrial Hemp” definition provided under Minnesota Statutes Section 18K.02 subdivision 3. HEMP MANUFACTURING: means the ability to facilitate the manufacturing of industrial hemp. INTOXICATING CANNABINOID or CANNABIS: means a cannabinoid, including an artificially derived cannabinoid, that when introduced into the human body impairs the central nervous system or impairs the human audio, visual, or mental processes. Intoxicating cannabinoid includes but is not limited to, any THC. MEDICAL CANNABIS: means the definition provided under Minnesota Statutes Section 152.22, subdivision 6. MEDICAL CANNABIS DISTRIBUTION FACILITY: means a facility operated by a medical cannabis manufacturer for purposes of distributing medical cannabis in accordance with Minnesota Statutes Section 152.29, subdivision 1(a), and the requirements of the Commissioner of Minnesota Department of Health or other applicable state law. X-C-02 MOVABLE PLACE OF BUSINESS: means any form of business operated out of a truck, van, automobile, trailer, tent, table, or booth, that is transportable and not a fixed address store front or other permanent type of structure. NON-INTOXICATING CANNABINOID or CANNABIS PRODUCT: means products made from substances extracted from certified hemp plants that do not produce intoxicating effects when consumed by any route of administration. This may include tinctures, creams, lotions, ointments, or salves. THC: means tetrahydrocannabinol. 2. Performance Standards: a. A cannabis business shall only operate in an authorized zoning district with approved State and local license or registration. b. Any person selling or distributing cannabis products shall require proof of age by means of government issued photographic identification from the prospective purchaser showing purchaser is twenty-one (21) years old or older. c. Signage identifying the legal sales age and the age verification requirement shall be posted at the point of sale. The required signage shall be posted in a manner so that it is clearly visible to anyone who is considering or making a purchase. The sign shall provide notice that all persons responsible for selling these products must verify the age of any person under thirty (30) years of age, by means of photographic identification required in this section, containing the bearer’s date of birth. d. Cannabis products must comply with the testing, labeling and packaging requirements in Minnesota State law. e. No sales or distribution of intoxicating cannabis products shall be allowed at the licensed premises after 10 p.m. or before 8:00 a.m. f. It shall be unlawful for a retailer to allow the sale of intoxicating cannabis products or cannabis related devices by any means whereby a customer has access to such items without having to request the item from the retailer or the retailer’s employee. There shall be a physical exchange of the intoxicating cannabis product or cannabis-related devices between the retailer or the retailer’s employee and the customer. All intoxicating cannabis products and cannabis-related devices shall be either stored behind a counter or other area not freely accessible to X-C-02 customers, or in a storage unit or case not open and accessible to the general public. g. All retail establishments of intoxicating cannabis products shall have a security plan approved by the Police Chief stating how the facility will address public health, welfare and safety concerns including, but not limited to security, fencing, lighting, window coverings, door placement, and landscaping. h. Compliance Checks and Inspections: All licensed premises must be open to inspection by the local law enforcement or other authorized City officials during regular business hours. From time to time, but at least once per year, the City will conduct compliance checks on Retailers and Edible Retailers of intoxicating cannabis products by engaging persons between the ages of seventeen (17) and twenty-one (21) years, to enter the licensed premises to attempt to purchase intoxicating cannabis products. Persons used for compliance checks are not guilty of the unlawful purchase or attempted purchase, nor the unlawful possession of intoxicating cannabis products when the items are obtained or attempted to be obtained as a part of the compliance check. No person used in compliance checks may attempt to use a false identification misrepresenting the person's age, and all persons lawfully engaged in a compliance check may answer all questions about the person's age asked by the retailer or his or her employee and shall produce any identification, if any exists, for which he or she is asked. Nothing in this section prohibits compliance checks authorized by State or Federal laws for educational, research or training purposes, or required for the enforcement of a particular State or Federal law. 3. Prohibited Acts: a. It shall be unlawful for any person to sell, purchase, obtain or otherwise provide any intoxicating cannabis product to any person under the age of twenty-one (21). b. It shall be unlawful for any person under the age of twenty-one (21) to possess any intoxicating cannabis product. This chapter shall not apply to persons under the age of 21 lawfully involved in a compliance check. c. It shall be unlawful for any person under the age of twenty-one (21) to use or consume any intoxicating cannabis product, unless it is legally authorized medical cannabis. X-C-02 d. It shall be unlawful for any person under the age of twenty-one (21) to attempt to disguise the person’s true age by the use of a false form of identification, whether the identification is that of another person or one in which the age of the person has been modified or tampered with, to represent an age older than the actual age of the person, in order to purchase any intoxicating cannabis product. e. No adult-use cannabinoid or cannabis product may contain more than 0.3% of THC. f. No edible cannabis product can contain an amount of THC that exceeds the per serving or per package requirements in Minnesota State law. g. No intoxicating cannabis product may be sold to an obviously intoxicated person or a person under the influence of a controlled substance. h. No one under the age of twenty-one (21) shall sell intoxicating cannabis products. i. Intoxicating cannabis products cannot be sold in vending machines, by transient merchants, peddlers, at a movable place of business, through a drive-through window, at special events, home occupations, by internet sales or delivery service. j. Intoxicating cannabis products cannot be sold at exclusive liquor stores or on-sale liquor establishments. k. No sampling or free donations or distributions of intoxicating cannabis products is allowed. l. No sales of intoxicating cannabis products may be completed through self-check-out. The retailer or retailer’s employee must process each transaction at a point of sale. SECTION 6. 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 amendment adopted by the Hastings City Council on , 2023 modifies the City Ordinance to regulate cannabis and hemp operations and uses by allowing them in specific zoning districts with performance standards. X-C-02 SECTION 7. MORATORIUM TERMINATION; EFFECT ON EXISTING AND NEW BUSINESSES. A. Upon adoption of this ordinance, the Interim Ordinance Prohibiting the Establishment of New Uses or the Expansion of Existing Uses Related to Cannabis and Intoxicating Cannabinoids (CBD) Sales, Testing, Manufacturing or Distribution, adopted on September 19, 2022, is hereby terminated. B. Existing cannabis businesses that do not comply with this ordinance as of the date of adoption may be allowed to continue to operate as a cannabis business until the Effective Date, after which time they shall be required to be in full compliance with City licensing or registration requirements and all zoning requirements. C. No new cannabis business shall be allowed to open or start operating from the date of adoption of this ordinance without being in full compliance with all City ordinances. SECTION 8. EFFECTIVE DATE. This ordinance shall be in full force and effect on July 1, 2023. Passed this day of , 2023. Mary Fasbender, Mayor Attest: Kelly Murtaugh, City Clerk Published in the Hastings Journal on _____________________. X-C-02 Public Safety Advisory Commission Report on THC/CBD Membership: Commissioners: Pemble, Stevens, Blackstad, Ascheman, Baukol, Auge` and Caflisch and Gunter. Guests: Kori Land, Hastings City Attorney from LeVander Gillen and Miller Hastings Sergeant Ryan Kline Judith Kulla, Owner; Caring Hands Zach Rohr, CEO of Minnie Grown Kelly Murtaugh: Assistant City Administrator Andrew Caflisch: incoming PSAC member Mary Fasbender: Hastings City Mayor Timeline: • August: The new legislation was reviewed by Kori Land. A detailed document was provided to the commission. Chief Wilske explained our role of developing a recommendation for the Hastings Public Safety Committee of the council. At this meeting, the commission recommended a one-year moratorium to allow time to gather resources and prepare a recommendation. City council granted a moratorium of 6 months. • September: Commission invited two Hastings retailers to share their customers experiences regarding these products. The commission received some licensing recommendations from Minnie Grown. The commission also learned that these products are not limited to “edibles”. They can be found in beverages as well. The commission also heard from Judith Kulla; the owner of Caring Hands about sales of Minnie Grown products in her store and perceived benefits from her viewpoint. The commission received copies of provisions that Stillwater and Golden Valley have put in place. • October: The commission discussed the merits of performing a community survey, much like Golden Valley’s. Each commission member was tasked with drafting thoughts on city ordinance priorities as well as survey questions. • November: Chief Wilske informed the commission with there are 5 retailers selling these products. This does not include internet sales. Kelly Murtaugh provided the commission with an overview on licensing and permits. The commission agreed to recommend a license over X-C-02 a permit. The commission finalized a draft of ordinance recommendations. No consensus reached regarding a survey. • December: The list of combined recommendations was reviewed with Attorney Land. Edits were made to the list. The commission agreed to finalize a draft report. • January: The draft report of recommendations were reviewed including two new commission members. Edits were made. The commission adopted the final recommendations unanimously. Final Ordinance Recommendations: Despite the possibility of replication, we recommend the following be included in a Hastings city ordinance. We recommend that this be applied to all products containing THC, regardless of how it is ingested. We are aware this topic has the potential to have ongoing statute changes. • In the event that the Minnesota legislature legalizes recreational marijuana, the City’s specific identification of prohibition of selling any product over .3% or 5mg of THC would not be immediately available for any business to sell recreational marijuana upon adoption of state law (unless the state law pre-empted local zoning). This would allow the City time to study if and where recreational marijuana should be allowed. • Retailers must be a registered business with Minnesota Secretary of State. • Retailers must have a MN hemp license or if obtaining products out of state must be from a retailer USDA approved. • Retailers selling these products must have a current city license. • Licensing fee of $8,000 – $10,000. Applicants will undergo a background check (at their expense), pay the fee and submit proof of insurance to the city. Annual compliance checks would be performed by the city. • Licenses to sell these products are non-transferable from person to person or place to place. • We recommend limiting retailers to commercial zoning only. • We are recommending prohibiting restaurants with an on-sale license to sell these products. • Retailers that sell products containing THC must have signage limiting sales to those 21 or older. • Retailers selling THC products must have product behind a barrier, which would require an employee to hand it to them. • Retailers must have a process verifying age by photo ID of customer purchasing product to age 21 or older. • No retail sales by use of temporary sales or vending machine sales. X-C-02 • No retail may offer sampling of products. • No THC sales at any City of Hastings events that require a special permit by the city. Ex: Rivertown Days, Rivertown Live, Gobble Gait, etc. • Retailers cannot have a drive-up window or use delivery sales. The commission is prepared to offer rationale on any these recommendations. X-C-02 The Public Safety Committee (Fox, Leifeld) met Jan. 30, 2023 to hear from PSAC on their THC ordinance recommendations. The committee would like to move forward with the ordinance to contain the following information: • In the event that the Minnesota legislature legalizes recreational marijuana, the City’s specific identification of prohibition of selling any product over .3% or 5mg of THC would not be immediately available for any business to sell recreational marijuana upon adoption of state law (unless the state law pre-empted local zoning). This would allow the City time to study if and where recreational marijuana should be allowed. • Retailers must be a registered business with Minnesota Secretary of State. • Retailers must have a MN hemp license or if obtaining products out of state must be from a retailer USDA approved. • Retailers selling these products must have a current city license. • Licensing fee of $10,000. Applicants will undergo a background check (at their expense), pay the fee and submit proof of insurance to the city. Annual compliance checks would be performed by the city. • Licenses to sell these products are non-transferable from person to person or place to place. • We recommend limiting retailers to commercial zoning only. • We are recommending prohibiting restaurants with an on-sale license to sell these products. • Retailers that sell products containing THC must have signage limiting sales to those 21 or older. • Retailers selling THC products must have product behind a barrier, which would require an employee to hand it to them. • Retailers must have a process verifying age by photo ID of customer purchasing product to age 21 or older. • No retail sales by use of temporary sales or vending machine sales. • No retail may offer sampling of products. • No THC sales at any City of Hastings events that require a special permit by the city. Ex: Rivertown Days, Rivertown Live, Gobble Gait, etc. • Retailers cannot have a drive-up window or use delivery sales. X-C-02 TO: Mayor Fasbender and Members of the City Council FROM: Kori Land, City Attorney DATE: March 20, 2023 RE: Licensing and Zoning Cannabis Ordinances – Final Adoption INTRODUCTION: At the end of the 2022 Legislative Session, the State of Minnesota passed new laws allowing the sale of edible cannabis/cannabinoid products with .3% THC or less, which went into effect July 1, 2022. The new law limits the sale of CBD products to individuals aged 21 and older and implements regulations regarding the packaging of edible CBD products, as well as many other rules and safeguards to attempt to prevent the sale to or consumption by minors. The new law did not establish any significant State oversight of these legalized edible cannabis products but left licensing and zoning authority open to local jurisdictions. City Moratorium on Cannabis The Public Safety Advisory Commission (PSAC) began reviewing the new legislation in August 2022 in order to make a recommendation to the Hasting Public Safety Committee of the Council (PSC) on potential regulations of these cannabis products. On September 19, 2022, the City Council approved a moratorium of 6 months to allow time to conduct research on these uses. The moratorium expires on or around March 19, 2023. Those businesses that were already selling cannabis products were allowed to continue selling during the moratorium, but it prohibited their expansion, and it prohibited new businesses from selling these products. PSAC Review of Cannabis During the moratorium, PSAC studied and reviewed potential City regulations on legal cannabis products during several meetings from September 2022 to January 2023. PSAC invited existing Hastings retailers to share their knowledge and expertise about the various products, including edibles and beverages. A report outlining its recommendations was unanimously approved by PSAC and forwarded to the PSC, who reviewed them in January and adopted nearly all of the recommendations. These recommendations served as the template for the proposed ordinances. (The reports from each committee are attached.) As you are aware, the Minnesota State Legislature introduced legislation for state- regulated Adult-Use Cannabis. The proposed legislation includes cannabis uses from cultivating to retail sales and every step in between. It includes all types of cannabis products that contain less than .3% THC and products that contain more than .3% THC. 1305 CORPORATE CENTER DRIVE | SUITE 300 | EAGAN, MN 55121 | MAIN: 651-451-1831 | WWW.LEVANDER.COM X-C-03 Page 2 Licensing and Zoning Cannabis Ordinances The proposed State legislation does not allow for local licensing of Adult-Use Cannabis, but it does allow for local zoning as long as it is related to time, place and manner regulations. Armed with the recommendations from the PSC and using some of the proposed legislation verbiage, a Licensing Ordinance and Zoning Ordinance were prepared and are before you for Final Reading. DISCUSSION: You will note that the Zoning Ordinance and the Licensing Ordinance contain many identical provisions. The reason for this is because while we cannot be certain that the proposed legislation will be adopted this session or even if it is, that it will remain in its current rendition, it is possible that licensing will be completely preempted by the State, thereby making any local Licensing Ordinance ineffective. However, if identical provisions are in the Zoning Ordinance, authority for which is anticipated to survive in the proposed legislation, then the City is able to preserve its intent of protecting the public health, safety and general welfare, particularly as it relates to the unauthorized sales to and use by minors. In anticipation of the legality of Adult-Use Cannabis, the Licensing and Zoning Ordinances before you attempt to capture all of the cannabis uses – including those uses that are legal now (less than .3% THC) and those that may become legal in the near future (greater than .3% THC). In addition, both ordinances contain a provision that states that no cannabis products within the City can contain more than .3% THC. The intent is that if the proposed legislation passes, the City can hit the “pause” button before businesses automatically begin selling Adult-Use Cannabis, giving the Council time to re-evaluate and determine if additional regulations or less regulations are necessary and if the zoning districts are appropriate. We are not guaranteed that any adopted state law will allow the City to enforce the “no greater than .3%” provision, but at least it shows the Council’s intent to review and reflect on the uses prior to full implementation. It is likely that cities will be allowed to enact a longer-than-normal moratorium if needed to take an official “pause” and study the issue, so hopefully the City will be able to review it either way. There is no way to predict the direction the State legislature will go or what provisions it will include. If the State completely preempts local licensing, then it is helpful that all of the performance standards are in the Zoning Ordinance, which are all related to time, place and manner regulations. If the State legislation permits local licensing, then it is not harmful that we have duplicative conditions, standards and regulations in both ordinances. PROPOSED ORDINANCES: The proposed ordinances include the following provisions: 1. Cannabis businesses must be licensed by the City and in compliance with zoning. 2. The definition of a Cannabis Business is as follows: X-C-03 Page 3 Licensing and Zoning Cannabis Ordinances “CANNABIS BUSINESS: means a cultivator, manufacturer, retailer, wholesaler, transporter, testing facility, event organizer, delivery service, edible retailer, medical cultivator, medical processor and medical retailer, of cannabis, cannabis products or cannabis related devices.” 3. Includes definitions that are in the current law for edible cannabis products and in the proposed legislation, such as “adult-use cannabinoid” to try to capture all of the cannabis uses of today and tomorrow. 4. Medical marijuana uses are excluded from licensing requirements, since they are preempted by the existing State laws, however, they would be required to comply with zoning and can only operate in the appropriate zoning districts. 5. Allows the following uses in the following districts: a. Ag District i. Cultivation operations by Special Use/Conditional Use Permit if: • On 100 contiguous acres; and • No sales are permitted on the same property b. C-3 and C-4 District i. Cannabis product retail sales by Special Use/Conditional Use Permit • See performance standards below c. I-1 i. Manufacturing, testing, processing, wholesale operations by Special Use/Conditional Use Permit • Some of these uses tend to have odor issues which can be mitigated with reasonable conditions on a case-by-case basis 6. Time, place and manner regulations for Retail Sales: a. Prohibits the purchase, use and possession of anyone under 21 b. Clerks must be 21 to sell products c. Business must require proof of age and have signage of age requirement d. Products must comply with State labeling and packaging requirements (currently 5 mg THC per serving and 50 mg THC per package, must be child-resistant, not resemble candy products, etc.) e. Sales only between 8:00 a.m. and 10 p.m. f. Products must be behind a counter – no direct contact by customer until point of sale g. Security plan approved by the Police Chief h. Comply with compliance checks (like tobacco and alcohol) i. No vending machines j. No mobile sales or deliveries (transient merchants, peddlers, special events, home occupations) X-C-03 Page 4 Licensing and Zoning Cannabis Ordinances k. Not allowed at liquor stores or bars l. No sale of cannabis products with more than .3% THC The Fee Ordinance Amendment is also being introduced as a first reading. As part of the discussion for these ordinances, it would be an appropriate time to discuss the fees for the uses noted above. We are proposing a July 1, 2023, implementation date for City Staff to develop the license application form, to educate the businesses on the local licensing and zoning provisions, to give businesses time to decide if they want to apply for a license or to sell out their inventory, and to see what happens at the State legislature. The following language will apply to existing businesses and any new business attempting to open between the time of adoption (March 20, 2023) and the Effective Date (July 1, 2023): A. Existing cannabis businesses that do not comply with this ordinance as of the date of adoption may be allowed to continue to operate as a cannabis business until the Effective Date, after which time they shall be required to be in full compliance with City licensing or registration requirements and all zoning requirements. B. No new cannabis business shall be allowed to open or start operating from the date of adoption of this ordinance without being in full compliance with all City ordinances. The Planning Commission held a public hearing on February 27, 2023, and unanimously recommended the Zoning Ordinance for approval. The Council approved both ordinances for first reading on March 6, 2023, so they are now before you for Final Reading. RECOMMENDATION: Discuss ordinances Adopt Ordinance Amending City Code Chapter 155 – Zoning Ordinance Regarding Uses, Sales and Operations of Cannabis and Hemp Businesses Adopt Ordinance Enacting City Code Chapter 117 – Ordinance Regarding the Licensing of Uses, Sales and Operations of Cannabis and Hemp Businesses ATTACHMENTS: • Ordinance Amending City Code Chapter 155 – Zoning Ordinance Regarding Uses, Sales and Operations of Cannabis and Hemp Businesses X-C-03 Page 5 Licensing and Zoning Cannabis Ordinances • Ordinance Enacting City Code Chapter 117 – Ordinance Regarding the Licensing of Uses, Sales and Operations of Cannabis and Hemp Businesses • Report from the Public Safety Committee • Report from the Public Safety Advisory Commission X-C-03 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, County of Dakota, State of Minnesota, Chapter 117 Cannabis Businesses is hereby enacted as follows: 117.01 Purpose Because the City recognizes that persons under the age of twenty-one (21) years may purchase or otherwise obtain, possess and use intoxicating cannabis products; and the sale of these products to persons under twenty-one (21) years of age are violations of State and Federal laws; and because the use of intoxicating cannabis products by those underage subsequently places a financial burden on all levels of government, this chapter is intended to regulate the sale of intoxicating cannabis products and cannabis-related devices for the purpose of enforcing and furthering existing laws. In order to protect the public health, safety, and welfare, the City Council deems it necessary to provide for the regulation and licensing of cannabis businesses. 117.02 Definitions For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. ADULT-USE CANNABINOID or CANNABIS PRODUCT: means any cannabinoid product authorized for sale under Minnesota state law. It includes edible cannabinoid products but not medical cannabinoid products. It does not include non-intoxicating cannabis projects. CANNABINOID: means any of the chemical constituents of hemp plants or cannabis plants that are naturally occurring, biologically active, and act on the cannabinoid receptors of the brain. Cannabinoid includes but is not limited to tetrahydrocannabinol and cannabidiol. CANNABINOID or CANNABIS PRODUCT: means any of the following: 1. Cannabis concentrate; 2. A product infused with cannabinoids, including but not limited to tetrahydrocannabinol, extracted or derived from cannabis plants or cannabis flower; 3. Any other product that contains cannabis concentrate; 4. A product infused with artificially derived cannabinoids; ORDINANCE NO. 2023- AN ORDINANCE FOR THE CITY OF HASTINGS, MINNESOTA, ENACTING HASTINGS CITY CODE CHAPTER 117 - ORDINANCE REGARDING THE LICENSING OF USES, SALES AND OPERATIONS OF CANNABIS AND HEMP BUSINESSES X-C-03 5. Adult-use cannabinoid products; 6. Edible cannabinoid products; It does not include cannabis flower, artificially derived cannabinoids or hemp- derived consumer products. CANNABIS: means a compound of the cannabis plant known as cannabidiol. CANNABIS BUSINESS: means a cultivator, manufacturer, retailer, wholesaler, transporter, testing facility, event organizer, delivery service, edible retailer, of cannabis, cannabis products or cannabis related devices. CANNABIS RELATED DEVICES: means any equipment, products or materials of any kind which are used, intended for use, or designed for use in repackaging, storing, smoking, vaporizing, or containing cannabis, or for ingesting, inhaling or otherwise introducing cannabis or cannabis products into the human body. CERTIFIED HEMP: means hemp products that have been tested and found to meet the requirements of Minnesota Statutes, Chapter 18K, and the rules adopted thereunder by the State of Minnesota. EDIBLE CANNABINOID or CANNABIS PRODUCT: means any product that is intended to be eaten or consumed as a food or beverage, contains a cannabinoid in combination with food ingredients, and is not a drug. HEMP OR INDUSTRIAL HEMP: means the “Industrial Hemp” definition provided under Minnesota Statutes Section 18K.02 subdivision 3. HEMP MANUFACTURING: means the ability to facilitate the manufacturing of industrial hemp. INTOXICATING CANNABINOID or CANNABIS: means a cannabinoid, including an artificially derived cannabinoid, that when introduced into the human body impairs the central nervous system or impairs the human audio, visual, or mental processes. Intoxicating cannabinoid includes but is not limited to, any THC. MEDICAL CANNABIS: means the definition provided under Minnesota Statutes Section 152.22, subdivision 6. MEDICAL CANNABIS DISTRIBUTION FACILITY: means a facility operated by a medical cannabis manufacturer for purposes of distributing medical cannabis in accordance with Minnesota Statutes Section 152.29, subdivision 1(a), and the requirements of the Commissioner of Minnesota Department of Health or other applicable state law. X-C-03 MOVABLE PLACE OF BUSINESS: means any form of business operated out of a truck, van, automobile, trailer, tent, table, or booth, that is transportable and not a fixed address store front or other permanent type of structure. NON-INTOXICATING CANNABINOID or CANNABIS PRODUCT: means products made from substances extracted from certified hemp plants that do not produce intoxicating effects when consumed by any route of administration. This may include tinctures, creams, lotions, ointments, or salves. THC: means tetrahydrocannabinol. 117.03 License No person shall engage in a cannabis business directly or indirectly deal in, sell, keep for sale, deliver, manufacture, distribute, test, cultivate, grow, transport, or organize an event for any intoxicating cannabinoid or cannabis product, without first having received a license to do so from the state, if so required and from the City, as provided in this chapter. No license shall be required for a cannabis business that only sells non-intoxicating cannabis products or any medical cannabis businesses that are regulated by State law. 117.04 License Application A. Application. An application for a license shall be made on a form provided by the city. The application shall contain the full name of the applicant, the applicant’s residential and business addresses and telephone numbers, the name of the business for which the license is sought, a copy of the educational materials the applicant intends to use to educate employees and any additional information the city deems necessary. Upon receipt of completed application, the City Clerk shall forward the application to the Council for action at a City Council meeting. If the Clerk determines an application is incomplete, the Clerk shall return the application to the applicant with notice of the information necessary to make the application complete. B. Investigation Fee. 1. At the time of filing an application for any license that can be issued under this chapter, the applicant shall pay the city an investigation fee in the amount established by ordinance of the City Council. 2. This investigation fee shall be a non-refundable fee and shall be used to cover the city’s cost in processing the application and investigation of the applicant. 3. At the time of a renewal of a license, the investigation will be included in the renewal license fee, which will be established by ordinance of the City Council. C. Background Investigation. 1. At the time of making an initial application, renewal application, or request for a new operating officer, the applicant shall file a completed application form with the City Clerk. The applicant shall authorize the Hastings Police X-C-03 Department and other city departments, as deemed necessary by the City Clerk, to investigate all information in the application and to conduct a thorough background and criminal record investigation on the applicant. The applicant shall authorize the police to release information received from the investigation to the City Council. 2. Upon completion of the background investigation, the Hastings Police Department shall file with the City Clerk a written report of its investigation. 3. Upon receipt of the investigation results, the City Clerk shall forward a recommendation to the City Council for approval or denial. 4. No license will be issued or renewed if the results of the background investigation show to the satisfaction of the City Council that issuance of a license would not be in the public interest. D. Renewals. The renewal of a license issued under this section shall be handled in the same manner as the original application. The request for a renewal shall be made at least 30 days but no more than 60 days before the expiration of the current license. 117.05 Fees No license shall be issued under this chapter until the appropriate fees are paid in full. The fee for a license under this chapter shall be set by ordinance. 117.06 Action, Display, Term, Transferring. A. The City Council may approve or deny the application for a license, or it may delay action for a reasonable period of time to complete any investigation of the application or the applicant deemed necessary. The issuance of a license is a privilege and does not entitle the license holder to an automatic renewal of the license. B. Display. All licenses shall be posted and displayed in plain view of the general public on the licensed premise. C. Term. All licenses shall be for a period of one (1) year and shall expire on December 31 of each year, regardless of when the license was originally issued. All retail licensees will be subject to an annual compliance check. D. No Transfers. All licenses issued under this chapter shall be issued only for the premises to which the license was issued and only for the person to whom the license was issued. No transfer of any license to another person or location shall be allowed. X-C-03 117.07 Basis For Denial Of A License The following shall be grounds for denying issuance or a renewal of a license under this chapter. A. The applicant is under the age of 21 years. B. The applicant has been convicted within the past 5 years of any violation of a federal, state, or other law, ordinance provision, or other regulation relating to the license. C. The applicant had a similar license revoked within the preceding 12 months of the date of application in any jurisdiction. D. The applicant fails to provide information required in the application or provides false or misleading information. E. The applicant is prohibited by federal, state, or other local law, ordinance, or other regulation, from holding such a license. F. The applicant or license holder has outstanding fines, penalties, or property taxes owed to the city. 117.08 Performance Standards A. A cannabis business shall only operate in an authorized zoning district with an approved State and local license or registration. B. Any person selling or distributing cannabis products shall require proof of age by means of government issued photographic identification from the prospective purchaser showing purchaser is twenty-one (21) years old or older. C. Signage identifying the legal sales age and the age verification requirement shall be posted at the point of sale. The required signage shall be posted in a manner so that it is clearly visible to anyone who is considering or making a purchase. The sign shall provide notice that all persons responsible for selling these products must verify the age of any person under thirty (30) years of age, by means of photographic identification required in this section, containing the bearer’s date of birth. D. Cannabis products must comply with the testing, labeling and packaging requirements in Minnesota State law. E. No sales or distribution of intoxicating cannabis products shall be allowed at the licensed premises after 10 p.m. or before 8:00 a.m. X-C-03 F. It shall be unlawful for a retailer to allow the sale of intoxicating cannabis products or cannabis related devices by any means whereby a customer has access to such items without having to request the item from the retailer or the retailer’s employee. There shall be a physical exchange of the intoxicating cannabis product or cannabis-related devices between the retailer or the retailer’s employee and the customer. All intoxicating cannabis products and cannabis-related devices shall be either stored behind a counter or other area not freely accessible to customers, or in a storage unit or case not open and accessible to the general public. G. All retail establishments of intoxicating cannabis products shall have a security plan approved by the Police Chief stating how the facility will address public health, welfare and safety concerns including, but not limited to security cameras, fencing, lighting, window coverings, door placement, and landscaping. H. Compliance Checks and Inspections: All licensed premises must be open to inspection by the local law enforcement or other authorized City officials during regular business hours. From time to time, but at least once per year, the City will conduct compliance checks on Retailers and Edible Retailers of intoxicating cannabis products by engaging persons between the ages of seventeen (17) and twenty-one (21) years, to enter the licensed premises to attempt to purchase intoxicating cannabis products. Persons used for compliance checks are not guilty of the unlawful purchase or attempted purchase, nor the unlawful possession of intoxicating cannabis products when the items are obtained or attempted to be obtained as a part of the compliance check. No person used in compliance checks may attempt to use a false identification misrepresenting the person's age, and all persons lawfully engaged in a compliance check may answer all questions about the person's age asked by the retailer or his or her employee and shall produce any identification, if any exists, for which he or she is asked. Nothing in this section prohibits compliance checks authorized by State or Federal laws for educational, research or training purposes, or required for the enforcement of a particular State or Federal law. 117.09 Prohibited Acts A. It shall be unlawful for any person to sell, purchase, obtain or otherwise provide any intoxicating cannabis product to any person under the age of twenty-one (21). B. It shall be unlawful for any person under the age of twenty-one (21) to possess any intoxicating cannabis product. This chapter shall not apply to persons under the age of 21 lawfully involved in a compliance check. C. It shall be unlawful for any person under the age of twenty-one (21) to use or consume any intoxicating cannabis product, unless it is legally authorized medical cannabis. X-C-03 D. It shall be unlawful for any person under the age of twenty-one (21) to attempt to disguise the person’s true age by the use of a false form of identification, whether the identification is that of another person or one in which the age of the person has been modified or tampered with, to represent an age older than the actual age of the person, in order to purchase any intoxicating cannabis product. E. No adult-use cannabinoid or cannabis product may contain more than 0.3% of THC. F. No edible cannabis product can contain an amount of THC that exceeds the per serving or per package requirements in Minnesota State law. G. No intoxicating cannabis product may be sold to an obviously intoxicated person or a person under the influence of a controlled substance. H. No one under the age of twenty-one (21) shall sell intoxicating cannabis products. I. Intoxicating cannabis products cannot be sold in vending machines, by transient merchants, peddlers, at a movable place of business, through a drive-through window, at special events, home occupations, by internet sales or delivery service. J. Intoxicating cannabis products cannot be sold at exclusive liquor stores or on-sale liquor establishments. K. No sampling or free donations or distributions of intoxicating cannabis products is allowed. L. No sales of intoxicating cannabis products may be completed through self-check- out. The retailer or retailer’s employee must process each transaction at a point of sale. 117.10 Hearings And Appeals A. Notice. Upon discovery of a suspected violation of the City Code or state law, the licensee shall be issued, either personally or by mail, a notice, complaint or citation that sets forth the alleged violation. The consequences of an alleged violation may include, but are not limited to an administrative citation, criminal citation, administrative action such as suspension or revocation, informing other state regulatory agencies, or other such action as authorized by law. B. Generally. For an administrative citation, the process set forth in City Code Section 10.25 shall be followed. For an administrative action, such as a license suspension or revocation, a license holder will be afforded a hearing before the City Council with an opportunity to be represented by counsel, to testify, present evidence and witnesses for the Council’s consideration. X-C-03 C. Findings. If after the hearing, the applicant is found to have violated this chapter, the City Council may issue a suspension or revocation of the license. All decisions by the Council shall be in writing, setting forth the reasons for the findings and such writing shall be provided to license holder. D. Misdemeanor Prosecution. Nothing in this section shall prohibit the city from seeking prosecution as a misdemeanor for any alleged violation of this chapter and the city is not precluded from suspending or revoking the license of a licensee as provided by this chapter. SECTION 2. 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 amendment adopted by the Hastings City Council on , 2023 modifies the City Ordinance to regulate adult-use cannabis and hemp operations and uses through licensing with performance standards. SECTION 3. MORATORIUM TERMINATION; EFFECT ON EXISTING AND NEW BUSINESSES. A. Upon adoption of this ordinance, the Interim Ordinance Prohibiting the Establishment of New Uses or the Expansion of Existing Uses Related to Cannabis and Intoxicating Cannabinoids (CBD) Sales, Testing, Manufacturing or Distribution, adopted on September 19, 2022, is hereby terminated. B. Existing cannabis businesses that do not comply with this ordinance as of the date of adoption may be allowed to continue to operate as a cannabis business until the Effective Date, after which time they shall be required to be in full compliance with City licensing or registration requirements and all zoning requirements. C. No new cannabis business shall be allowed to open or start operating from the date of adoption of this ordinance without being in full compliance with all City ordinances. SECTION 4. EFFECTIVE DATE. This ordinance shall be in full force and effect on July 1, 2023. Passed this day of , 2023. Mary Fasbender, Mayor X-C-03 Attest: Kelly Murtaugh, City Clerk Published in the on [Date]. X-C-03 ORDINANCE NO. 2023- AN ORDINANCE FOR THE CITY OF HASTINGS, MINNESOTA, AMENDING HASTINGS CITY CODE CHAPTER 155 - ZONING ORDINANCE REGARDING USES, SALES AND OPERATIONS OF CANNABIS AND HEMP BUSINESSES 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, County of Dakota, State of Minnesota, Chapter 155, Section 155.21.D Special Use Permits in the A - Agricultural District shall be amended as follows: D. Uses by Special Permit 5. Cannabis, medical cannabis and hemp growing, cultivating or farming operations pursuant to the following conditions: a. A minimum of 100 contiguous acres under single ownership is required for the operation; b. The operator must be licensed by the State of Minnesota; c. The sale of cannabis products is not permitted on the same property as the operation. SECTION 2. AMENDMENT. The Code of the City of Hastings, County of Dakota, State of Minnesota, Chapter 155, Section 155.30.C Special Use Permits in the C-3 Community Regional Commerce District shall be amended as follows: C. Uses by Special Permit 10. Cannabis retailer, edible retailer, medical retailer, and medical cannabis distribution facility that comply with the requirements in City Code Section 155.07.J. SECTION 3. AMENDMENT. The Code of the City of Hastings, County of Dakota, State of Minnesota, Chapter 155, Section 155.32.C Special Use Permits in the C-4 Regional Shopping Center District shall be amended as follows: C. Uses by Special Permit 6. Cannabis retailer, edible retailer, medical retailer, and medical cannabis distribution facility that comply with the requirements in City Code Section 155.07.J. X-C-03 SECTION 4. AMENDMENT. The Code of the City of Hastings, County of Dakota, State of Minnesota, Chapter 155, Section 155.34.C Special Use Permits in the I-1 Industrial Park District shall be amended as follows: C. Uses by Special Permit 4. Cannabis, medical cannabis or hemp manufacturer, testing facility, wholesaler and processor. SECTION 5. AMENDMENT. The Code of the City of Hastings, County of Dakota, State of Minnesota, Chapter 155, Section 155.07 SPECIAL PROVISIONS shall be amended by adding the following section for Cannabis Businesses as follows: J. Cannabis Businesses. Because the City recognizes that persons under the age of twenty-one (21) years may purchase or otherwise obtain, possess and use intoxicating cannabis products; and the sale of these products to persons under twenty-one (21) years of age are violations of State and Federal laws; and because the use of intoxicating cannabis products by those underage subsequently places a financial burden on all levels of government, this chapter is intended to regulate the sale of intoxicating cannabis products and cannabis-related devices for the purpose of enforcing and furthering existing laws. 1. The following words, terms, and phrases when used in this Chapter shall have the meaning ascribed to them in this Section except where the context clearly indicates a different meaning: ADULT-USE CANNABINOID or CANNABIS PRODUCT: means any cannabinoid product authorized for sale under Minnesota state law. It includes edible cannabinoid products but not medical cannabinoid products. CANNABINOID: means any of the chemical constituents of hemp plants or cannabis plants that are naturally occurring, biologically active, and act on the cannabinoid receptors of the brain. Cannabinoid includes but is not limited to tetrahydrocannabinol and cannabidiol. CANNABINOID or CANNABIS PRODUCT: means any of the following: a. Cannabis concentrate; b. A product infused with cannabinoids, including but not limited to tetrahydrocannabinol, extracted or derived from cannabis plants or cannabis flower; c. Any other product that contains cannabis concentrate; d. A product infused with artificially derived cannabinoids; e. Adult-use cannabinoid products; f. Edible cannabinoid products; g. Medical cannabinoid products. X-C-03 It does not include cannabis flower, artificially derived cannabinoids or hemp-derived consumer products. CANNABIS: means a compound of the cannabis plant known as cannabidiol. CANNABIS BUSINESS: means a cultivator, manufacturer, retailer, wholesaler, transporter, testing facility, event organizer, delivery service, edible retailer, medical cultivator, medical processor and medical retailer, of cannabis, cannabis products or cannabis related devices. CANNABIS RELATED DEVICES: means any equipment, products or materials of any kind which are used, intended for use, or designed for use in repackaging, storing, smoking, vaporizing, or containing cannabis, or for ingesting, inhaling or otherwise introducing cannabis or cannabis products into the human body. CERTIFIED HEMP: means hemp products that have been tested and found to meet the requirements of Minnesota Statutes, Chapter 18K, and the rules adopted thereunder by the State of Minnesota. EDIBLE CANNABINOID or CANNABIS PRODUCT: means any product that is intended to be eaten or consumed as a food or beverage, contains a cannabinoid in combination with food ingredients, and is not a drug. HEMP OR INDUSTRIAL HEMP: means the “Industrial Hemp” definition provided under Minnesota Statutes Section 18K.02 subdivision 3. HEMP MANUFACTURING: means the ability to facilitate the manufacturing of industrial hemp. INTOXICATING CANNABINOID or CANNABIS: means a cannabinoid, including an artificially derived cannabinoid, that when introduced into the human body impairs the central nervous system or impairs the human audio, visual, or mental processes. Intoxicating cannabinoid includes but is not limited to, any THC. MEDICAL CANNABIS: means the definition provided under Minnesota Statutes Section 152.22, subdivision 6. MEDICAL CANNABIS DISTRIBUTION FACILITY: means a facility operated by a medical cannabis manufacturer for purposes of distributing medical cannabis in accordance with Minnesota Statutes Section 152.29, subdivision 1(a), and the requirements of the Commissioner of Minnesota Department of Health or other applicable state law. X-C-03 MOVABLE PLACE OF BUSINESS: means any form of business operated out of a truck, van, automobile, trailer, tent, table, or booth, that is transportable and not a fixed address store front or other permanent type of structure. NON-INTOXICATING CANNABINOID or CANNABIS PRODUCT: means products made from substances extracted from certified hemp plants that do not produce intoxicating effects when consumed by any route of administration. This may include tinctures, creams, lotions, ointments, or salves. THC: means tetrahydrocannabinol. 2. Performance Standards: a. A cannabis business shall only operate in an authorized zoning district with approved State and local license or registration. b. Any person selling or distributing cannabis products shall require proof of age by means of government issued photographic identification from the prospective purchaser showing purchaser is twenty-one (21) years old or older. c. Signage identifying the legal sales age and the age verification requirement shall be posted at the point of sale. The required signage shall be posted in a manner so that it is clearly visible to anyone who is considering or making a purchase. The sign shall provide notice that all persons responsible for selling these products must verify the age of any person under thirty (30) years of age, by means of photographic identification required in this section, containing the bearer’s date of birth. d. Cannabis products must comply with the testing, labeling and packaging requirements in Minnesota State law. e. No sales or distribution of intoxicating cannabis products shall be allowed at the licensed premises after 10 p.m. or before 8:00 a.m. f. It shall be unlawful for a retailer to allow the sale of intoxicating cannabis products or cannabis related devices by any means whereby a customer has access to such items without having to request the item from the retailer or the retailer’s employee. There shall be a physical exchange of the intoxicating cannabis product or cannabis-related devices between the retailer or the retailer’s employee and the customer. All intoxicating cannabis products and cannabis-related devices shall be either stored behind a counter or other area not freely accessible to X-C-03 customers, or in a storage unit or case not open and accessible to the general public. g. All retail establishments of intoxicating cannabis products shall have a security plan approved by the Police Chief stating how the facility will address public health, welfare and safety concerns including, but not limited to security, fencing, lighting, window coverings, door placement, and landscaping. h. Compliance Checks and Inspections: All licensed premises must be open to inspection by the local law enforcement or other authorized City officials during regular business hours. From time to time, but at least once per year, the City will conduct compliance checks on Retailers and Edible Retailers of intoxicating cannabis products by engaging persons between the ages of seventeen (17) and twenty-one (21) years, to enter the licensed premises to attempt to purchase intoxicating cannabis products. Persons used for compliance checks are not guilty of the unlawful purchase or attempted purchase, nor the unlawful possession of intoxicating cannabis products when the items are obtained or attempted to be obtained as a part of the compliance check. No person used in compliance checks may attempt to use a false identification misrepresenting the person's age, and all persons lawfully engaged in a compliance check may answer all questions about the person's age asked by the retailer or his or her employee and shall produce any identification, if any exists, for which he or she is asked. Nothing in this section prohibits compliance checks authorized by State or Federal laws for educational, research or training purposes, or required for the enforcement of a particular State or Federal law. 3. Prohibited Acts: a. It shall be unlawful for any person to sell, purchase, obtain or otherwise provide any intoxicating cannabis product to any person under the age of twenty-one (21). b. It shall be unlawful for any person under the age of twenty-one (21) to possess any intoxicating cannabis product. This chapter shall not apply to persons under the age of 21 lawfully involved in a compliance check. c. It shall be unlawful for any person under the age of twenty-one (21) to use or consume any intoxicating cannabis product, unless it is legally authorized medical cannabis. X-C-03 d. It shall be unlawful for any person under the age of twenty-one (21) to attempt to disguise the person’s true age by the use of a false form of identification, whether the identification is that of another person or one in which the age of the person has been modified or tampered with, to represent an age older than the actual age of the person, in order to purchase any intoxicating cannabis product. e. No adult-use cannabinoid or cannabis product may contain more than 0.3% of THC. f. No edible cannabis product can contain an amount of THC that exceeds the per serving or per package requirements in Minnesota State law. g. No intoxicating cannabis product may be sold to an obviously intoxicated person or a person under the influence of a controlled substance. h. No one under the age of twenty-one (21) shall sell intoxicating cannabis products. i. Intoxicating cannabis products cannot be sold in vending machines, by transient merchants, peddlers, at a movable place of business, through a drive-through window, at special events, home occupations, by internet sales or delivery service. j. Intoxicating cannabis products cannot be sold at exclusive liquor stores or on-sale liquor establishments. k. No sampling or free donations or distributions of intoxicating cannabis products is allowed. l. No sales of intoxicating cannabis products may be completed through self-check-out. The retailer or retailer’s employee must process each transaction at a point of sale. SECTION 6. 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 amendment adopted by the Hastings City Council on , 2023 modifies the City Ordinance to regulate cannabis and hemp operations and uses by allowing them in specific zoning districts with performance standards. X-C-03 SECTION 7. MORATORIUM TERMINATION; EFFECT ON EXISTING AND NEW BUSINESSES. A. Upon adoption of this ordinance, the Interim Ordinance Prohibiting the Establishment of New Uses or the Expansion of Existing Uses Related to Cannabis and Intoxicating Cannabinoids (CBD) Sales, Testing, Manufacturing or Distribution, adopted on September 19, 2022, is hereby terminated. B. Existing cannabis businesses that do not comply with this ordinance as of the date of adoption may be allowed to continue to operate as a cannabis business until the Effective Date, after which time they shall be required to be in full compliance with City licensing or registration requirements and all zoning requirements. C. No new cannabis business shall be allowed to open or start operating from the date of adoption of this ordinance without being in full compliance with all City ordinances. SECTION 8. EFFECTIVE DATE. This ordinance shall be in full force and effect on July 1, 2023. Passed this day of , 2023. Mary Fasbender, Mayor Attest: Kelly Murtaugh, City Clerk Published in the Hastings Journal on _____________________. X-C-03 Public Safety Advisory Commission Report on THC/CBD Membership: Commissioners: Pemble, Stevens, Blackstad, Ascheman, Baukol, Auge` and Caflisch and Gunter. Guests: Kori Land, Hastings City Attorney from LeVander Gillen and Miller Hastings Sergeant Ryan Kline Judith Kulla, Owner; Caring Hands Zach Rohr, CEO of Minnie Grown Kelly Murtaugh: Assistant City Administrator Andrew Caflisch: incoming PSAC member Mary Fasbender: Hastings City Mayor Timeline: • August: The new legislation was reviewed by Kori Land. A detailed document was provided to the commission. Chief Wilske explained our role of developing a recommendation for the Hastings Public Safety Committee of the council. At this meeting, the commission recommended a one-year moratorium to allow time to gather resources and prepare a recommendation. City council granted a moratorium of 6 months. • September: Commission invited two Hastings retailers to share their customers experiences regarding these products. The commission received some licensing recommendations from Minnie Grown. The commission also learned that these products are not limited to “edibles”. They can be found in beverages as well. The commission also heard from Judith Kulla; the owner of Caring Hands about sales of Minnie Grown products in her store and perceived benefits from her viewpoint. The commission received copies of provisions that Stillwater and Golden Valley have put in place. • October: The commission discussed the merits of performing a community survey, much like Golden Valley’s. Each commission member was tasked with drafting thoughts on city ordinance priorities as well as survey questions. • November: Chief Wilske informed the commission with there are 5 retailers selling these products. This does not include internet sales. Kelly Murtaugh provided the commission with an overview on licensing and permits. The commission agreed to recommend a license over X-C-03 a permit. The commission finalized a draft of ordinance recommendations. No consensus reached regarding a survey. • December: The list of combined recommendations was reviewed with Attorney Land. Edits were made to the list. The commission agreed to finalize a draft report. • January: The draft report of recommendations were reviewed including two new commission members. Edits were made. The commission adopted the final recommendations unanimously. Final Ordinance Recommendations: Despite the possibility of replication, we recommend the following be included in a Hastings city ordinance. We recommend that this be applied to all products containing THC, regardless of how it is ingested. We are aware this topic has the potential to have ongoing statute changes. • In the event that the Minnesota legislature legalizes recreational marijuana, the City’s specific identification of prohibition of selling any product over .3% or 5mg of THC would not be immediately available for any business to sell recreational marijuana upon adoption of state law (unless the state law pre-empted local zoning). This would allow the City time to study if and where recreational marijuana should be allowed. • Retailers must be a registered business with Minnesota Secretary of State. • Retailers must have a MN hemp license or if obtaining products out of state must be from a retailer USDA approved. • Retailers selling these products must have a current city license. • Licensing fee of $8,000 – $10,000. Applicants will undergo a background check (at their expense), pay the fee and submit proof of insurance to the city. Annual compliance checks would be performed by the city. • Licenses to sell these products are non-transferable from person to person or place to place. • We recommend limiting retailers to commercial zoning only. • We are recommending prohibiting restaurants with an on-sale license to sell these products. • Retailers that sell products containing THC must have signage limiting sales to those 21 or older. • Retailers selling THC products must have product behind a barrier, which would require an employee to hand it to them. • Retailers must have a process verifying age by photo ID of customer purchasing product to age 21 or older. • No retail sales by use of temporary sales or vending machine sales. X-C-03 • No retail may offer sampling of products. • No THC sales at any City of Hastings events that require a special permit by the city. Ex: Rivertown Days, Rivertown Live, Gobble Gait, etc. • Retailers cannot have a drive-up window or use delivery sales. The commission is prepared to offer rationale on any these recommendations. X-C-03 The Public Safety Committee (Fox, Leifeld) met Jan. 30, 2023 to hear from PSAC on their THC ordinance recommendations. The committee would like to move forward with the ordinance to contain the following information: • In the event that the Minnesota legislature legalizes recreational marijuana, the City’s specific identification of prohibition of selling any product over .3% or 5mg of THC would not be immediately available for any business to sell recreational marijuana upon adoption of state law (unless the state law pre-empted local zoning). This would allow the City time to study if and where recreational marijuana should be allowed. • Retailers must be a registered business with Minnesota Secretary of State. • Retailers must have a MN hemp license or if obtaining products out of state must be from a retailer USDA approved. • Retailers selling these products must have a current city license. • Licensing fee of $10,000. Applicants will undergo a background check (at their expense), pay the fee and submit proof of insurance to the city. Annual compliance checks would be performed by the city. • Licenses to sell these products are non-transferable from person to person or place to place. • We recommend limiting retailers to commercial zoning only. • We are recommending prohibiting restaurants with an on-sale license to sell these products. • Retailers that sell products containing THC must have signage limiting sales to those 21 or older. • Retailers selling THC products must have product behind a barrier, which would require an employee to hand it to them. • Retailers must have a process verifying age by photo ID of customer purchasing product to age 21 or older. • No retail sales by use of temporary sales or vending machine sales. • No retail may offer sampling of products. • No THC sales at any City of Hastings events that require a special permit by the city. Ex: Rivertown Days, Rivertown Live, Gobble Gait, etc. • Retailers cannot have a drive-up window or use delivery sales. X-C-03 City Council Memorandum To: Mayor Fasbender & City Councilmembers From: Emily King, Deputy City Clerk Date: March 20, 2023 Item: 1st Reading: Ordinance Amendment, Chapter 34 - Fee Schedule Council Action Requested: Consider 1st Reading of the following amendment to Hastings City Code pertaining to the adoption of licensing fees for Uses, Sales, and Operations of Cannabis and Hemp Businesses. 2nd Readings are being considered for Zoning ordinance and Licensing ordinance at this meeting. The proposed ordinance amendments are influenced by state action and may be continued to be influenced. Background Information: The Public Safety Advisory Commission (PSAC) began reviewing the new legislation in August 2022 in order to make a recommendation to the Hastings Public Safety Committee of the Council (PSC) on potential regulations of these cannabis products. PSAC recommended the Council adopt a one-year moratorium to allow PSAC time to gather information. On September 19, 2022, the City Council approved a moratorium of 6 months, which is set to expire on or around March 19, 2023. The proposed amendment creates a one-time background check fee and an annual fee for the following licenses: Cannabis Product Retail License, Manufacturing/Testing/Processing/Wholesale, and Cultivation. This is in response to the adoption of zoning and licensing ordinances also before Council at this time. PSAC and PSC recommended a $10,000 annual license fee for retail establishments. They indicated if State legislation were to later invalidate the City’s licensing, then any received fees should be refunded on a pro rata basis. Financial Impact: Unknown Advisory Commission Discussion: PSAC met and developed recommendations over several meetings in 2022-2023 Council Committee Discussion: The Public Safety Committee of Council held a meeting on January 30th to discuss the specific changes to accommodate the proposed ordinance amendments. Attachments: • Ordinance Amendment X-C-04 ORDINANCE NO. ______________ AN ORDINANCE OF THE CITY OF HASTINGS, MINNESOTA AMENDING HASTINGS CITY CODE CHAPTER 34.03 – FEE SCHEDULE - CITY CLERK 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, County of Dakota, State of Minnesota, Chapter 34.03 Fee Schedule – City Clerk 34.03 City Clerk Use, Sales, and Operations of Cannabis and Hemp Businesses Investigation Fee $500.00 One time Cannabis Product Retail License $10,000.00 Annual (Calendar Year) Manufacturing/Testing/Processing/Wholesale License $200.00 Annual (Calendar Year) Cultivation License $200.00 Annual (Calendar Year) SECTION 2. 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 amendment adopted by the Hastings City Council on __________________ ______, ______________ modifies Section 34.03 - Fee Schedule of the City Code to allow fees to be established for licensing the Use, Sales, and Operations of Cannabis and Hemp Businesses. SECTION 3. EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage and publication according to law. Adopted by the Hastings City Council on this _______ day of _____________, 2023 by the following vote: Ayes: Nays: Absent: X-C-04 _________________________________ Mary D. Fasbender, Mayor ATTEST: ________________________________ Kelly Murtaugh, City Clerk I hereby certify that the above is a true and correct copy of the Ordinance passed to and adopted by the City of Hastings, County of Dakota, Minnesota, on the ______ day of _____________, 2023, as disclosed by the records of the City of Hastings on file and of record in the office. Published in the Hastings Journal on _____________________. X-C-04 City Council Memorandum To: Mayor Fasbender & City Councilmembers From: City Administrator Dan Wietecha Date: March 20, 2023 Item: Strategic Planning Facilitator Council Action Requested: Select and approve hiring a facilitator. Background Information: Over the last year-plus, we have used a set of Strategic Initiatives as agreed priorities in order to maintain focus and progress, drive accomplishment, and ensure regular tracking and reporting. When the City Council approved the Strategic Initiatives in September 2021, they were expected as a guide for the next year to year-and-half. As a matter of practical effect, we have wrapped up that cycle and should begin the priorities of the next cycle. As a matter of timing, this matched well with the November election and two new Councilmembers in January. In January 2023, the City Council had general consensus that we should develop an updated set of Strategic Initiatives this spring. The Council had several recommendations: not meeting by Zoom, preferring a day-long retreat, and keeping “down time” brief if the work is done over a series of meetings. In February 2023, the City Council discussed a “blended” approach in between a streamlined, goal-setting approach and a comprehensive approach. The Council had particular interest in including some sort of “problem identification” in the process. This might be an environmental scan, SWOT, tying to existing plans, and/or interviews with staff and Council. Council also had a keen interest in the deliverables: report, implementation plan, and metrics to gauge progress. I have solicited proposals from Chad Weinstein of Ethical Leaders in Action (who we worked with for the prior Strategic Initiatives) and Craig Rapp of Rapp Consulting Group (who we’ve X-E-01 worked with in the past for governance training and I currently work with in a leadership development program). Although there are relative pros and cons between each, either proposal would be an effective approach to facilitating our strategic planning process this spring. Financial Impact: $18,000 to $19,500 Committee Discussion: City Council discussion January 3 and February 21 Attachments: • Ethical Leaders in Action – Proposal for Strategic Planning Facilitation • Rapp Consulting Group – Strategic Planning Process X-E-01 In House Project Focused Blended Comprehensive Description: Sessions facilitated by City staff, likely myself. Expect this approach would be “Project Focused.” Outside facilitator with approach that brainstorms potential projects and key issues then narrows to a manageable list of priorities for next 1-3 years. Outside facilitator with approach in between Project Focused and Comprehensive. For example, identifying what makes Hastings distinctive instead of going through a mission/vision exercise. Outside facilitator with multi step approach including mission/vision and SWOT analysis to identify priorities across several timeframes (1-4, 5-9, and 10+ years). Pros: • Little/no direct budget impact. • Staff more familiar with City and topics than an outside facilitator. • Anticipate quicker process than other options. • Priorities will be highly implementable and readily measured. • Potential to have the “best of both worlds.” • Identified priorities may have greater buy- in than in other options. • May include listening sessions for community input. • May include governance and team building exercise. Cons: • Limited staff bandwidth. • Limited capacity to both facilitate and participate in the retreat. • Facilitator not budgeted, but likely less cost than other options. • May be viewed more as goal setting • Facilitator not budgeted. • People may be dissatisfied with a “compromise” approach. • Facilitator not budgeted. • Takes longer than other options, potentially multiple meetings. X-E-01 Options for Approaching Strategic Priorities • Philosophical question of overstepping City Administrator’s role. than as strategic planning. X-E-01 P.O. Box 14714 Minneapolis, MN 55414 www.ethinact.com March 13, 2023 Mr. Dan Wietecha, City Administrator City of Hastings 101 Fourth Street East Hastings, MN 55033 RE: Proposal for Strategic Planning Facilitation VIA EMAIL Dear Mr. Wietecha, Thank you for inviting Ethical Leaders in Action to facilitate strategic planning for the City of Hastings. This document is offered as a proposal to do this work, engaging elected officials and staff in an efficient but substantive process aimed at developing a shared understanding of your current situation and a set of strategic initiatives to be pursued over the next 1-3 years, with clear objectives and performance indicators. Our aim will be to develop realistic initiatives based on a thoughtful assessment of Hastings and its current situation, the shared priorities of its elected officials, and the City’s capacity to implement strategic efforts alongside ongoing municipal operations. Project Approach Overview As before, our approach will be iterative and collaborative. After introductory discussions at council and staff meetings, we will conduct individual interviews with staff leaders and elected officials to develop a starting point for a situation assessment and initial concepts for strategic initiatives. We will then facilitate a day-long retreat with council and staff to solidify a situation summary organized by SWAT factors, and to draft strategic initiatives at a high level. The outcome of the retreat will be a draft document, which we will complete with additional input from staff, presented to Council in a second working session. Those efforts will provide the input necessary for a final document to be presented at a final council meeting. Project Tasks and Parameters The following project plan is intended to describe the approach outlined above in more detail. 1. Initial Investigation a. Preparation i. ELA will meet with you to determine what documents and data would be helpful for the team to review in preparation for interviews. ii. ELA will introduce the interview process to a City Council meeting or work session (less than 30 minutes) to provide a common foundation prior to individual interviews. iii. ELA will draft interview guides for council interviews and for staff interviews. X-E-01 Ethical Leaders in Action Proposal to Facilitate City of Hastings Strategy Development Page 2 b. Interviews i. ELA will conduct individual interviews with the mayor, all council members, and staff department heads. (30-60 minutes per interview) ii. ELA will facilitate a discussion with staff department heads to obtain their overall input into the City’s strategic situation and potential areas for strategic initiatives. (Two hours) c. Documentation and Retreat Preparation i. ELA will prepare an initial draft of preliminary findings to be used in a full-day retreat. ii. ELA will develop an agenda and plan for the retreat and seek input from the mayor and city administrator on the plan. 2. Council and Staff Retreat a. Retreat Facilitation ELA will plan and facilitate a full day retreat for elected officials and department heads or their designees. (Approximately six working hours plus lunch and breaks.) i. A draft SWAT analysis will be presented and discussed in detail. ii. Candidate topics for strategic initiatives will be presented as a starting point for discussion. These will be informed by the interviews and staff working session. iii. Participants will generate their own set of topics and goals for strategic initiatives. iv. A draft set of initiatives will be synthesized, with high-level objectives and other parameters in preliminary form. 3. Synthesis and Presentation of Strategy a. Plan Draft ELA will prepare a full draft of the strategic plan based on the output of the retreat and present it to staff for revision and additional input i. ELA will gather staff input in a working session (Approximately 90 minutes.) ii. ELA will work with individual staff members as necessary to document high-level implementation plans and performance/achievement indicators. b. Final Plan ELA will prepare a strategic plan document and a PowerPoint summary of that document. i. ELA will distribute the full document to Council and staff and use the PowerPoint to present it to Council in a meeting for input (up to 90 minutes). ii. ELA will make final revisions based on Council input and present it as a final document at a council meeting (up to 30 minutes). 4. Project Deliverables: a. Word-based Strategic Planning Document. This will be a compact version of a strategic plan, including: i. Description of planning process used. ii. Situation summary organized as a SWOT analysis. iii. Strategic objectives to be achieved, with rationale for each. iv. Strategic initiatives with: 1. Tasks 2. Timeline 3. Resource estimates 4. Performance/achievement indicators X-E-01 Ethical Leaders in Action Proposal to Facilitate City of Hastings Strategy Development Page 3 b. PowerPoint Summary of the strategic plan to guide final discussion with Council. c. Process documents: i. Interview guides ii. First draft to inform retreat. iii. Retreat agenda and plan. iv. Draft strategic plan for staff input. 5. Summary of Staff and Council Time Commitments (consistent with the above plan). a. City Administrator i. Project oversight and input ad hoc throughout the process. ii. Participation in Department Head efforts, below. b. Department Heads i. Individual interviews (1 hour per director) ii. Staff Working Session 1 (2 hours) iii. Retreat participation (8 hours) iv. Staff Working Session 2 (1.5 hours) v. Final one-on-one work to develop strategic initiatives (up to 2 hours for some directors) c. Mayor and Council Members i. Introductory meeting (30 minutes) ii. Individual interviews (1 hour) iii. Retreat participation (8 hours) iv. Working Session review (90 minutes) v. Final presentation (30 minutes) Timeframe We are prepared to kick off the project as early as April, 2023, and expect that the total project duration will be 12-16 weeks. Project Staff Charles Weinstein will be lead ELA’s team and will be primarily responsible for project delivery, including primary session facilitation and primary authoring of deliverables. James Fischer will serve as co-facilitator and will assist in synthesis of deliverables. Profiles for both are available at www.ethinact.com; more detailed resumes are available upon request. Fees We propose a fixed fee of $18,000 for this project, which includes all professional labor including work already completed prior to project interruption. We propose to invoice the City based on the following schedule: • $5,000 upon project kickoff • $5,000 upon completion of the council retreat • $8,000 upon your acceptance of the final project deliverable. We ask that payment be due 15 days after receipt of invoice. X-E-01 Ethical Leaders in Action Proposal to Facilitate City of Hastings Strategy Development Page 4 Conclusion Thank you once again for your interest in re-engaging ELA as a resource for the City of Hastings. As before, we are open to modifying our approach to best meet the needs of the City. As noted in the above timeline, we are prepared to begin work on this project to prepare for an April kickoff upon your written acceptance of this proposal (email will suffice). Very truly yours, Charles A. Weinstein, Ph.D. President Ethical Leaders in Action, LLC X-E-01 1 STRATEGIC PLANNING PROCESS X-E-01 917 W. Washington Blvd. #280, Chicago, IL 60607 800-550-0692 | www.craigrapp.com 2 Rapp Consulting Group - Strategic Planning Process The Rapp Consulting Group (RCG), and its principal, Craig Rapp, have conducted over 100 local government strategic planning engagements--over forty (40) in the past five years. Primary clients are cities, counties, and special districts located in the Upper Midwest. The collaborative process used by RCG results in clear priorities, focused objectives, and targeted performance. This is accompanied by best-in-class stakeholder engagement, plan implementation and performance reporting—facilitated by a team with decades of local government and consulting experience. Craig Rapp, President, Rapp Consulting Group Craig Rapp is a nationally recognized speaker, facilitator, and strategic advisor. He speaks and conducts workshops on subjects such as: leading in difficult political environments, alternative service delivery, and authentic leadership. The focus of his consulting practice is strategic planning, leadership development, and optimizing organizational performance. Craig has over thirty-five years of experience as a senior executive in both the public and private sectors. He was the Director of Consulting for the International City- County Management Association, City Manager in three cities, Director at a regional agency, and a senior executive in two privately held companies. He has a master’s degree in public administration, a bachelor’s degree in urban studies, and is a graduate of the Senior Executive Institute at the University of Virginia. X-E-01 917 W. Washington Blvd. #280, Chicago, IL 60607 800-550-0692 | www.craigrapp.com 3 Rapp Consulting Group - Strategic Planning Process The following description includes all components of the strategic planning process offered by the Rapp Consulting Group. Not all components are included in every engagement. Final design determined by the client. Project Plan STEP LENGTH OF TIME ACTIVITIES Project Initiation 30-60 days Project planning, interviews, senior management session Environmental Scanning, Stakeholder Engagement 75-90 days Environmental scan, stakeholder engagement; Internal SWOT, Value Proposition Data review, preparation 21 days Synthesis of scan and stakeholder data Strategic planning 30 days Strategic planning sessions (Data review session + strategy sessions) Strategy implementation 45-75 days Management & staff sessions- initiatives, action plans, performance management Summary report 21 days Report preparation, presentation Yearly Update (years 2+) 30 days each year Consultant-client review, strategy session *Timeline is for illustrative purposes only. Some steps performed concurrently. Strategic Plan Development Project Initiation: Project planning, Governing Board engagement, kick-off meeting Prior to initiating action, the consultants will review the results of the previous strategic plan to gain insight into themes and current priorities of the organization. Following this, a project kick-off meeting with the Chief Administrative Officer and the leadership team will be held for the following purposes: (1) verify expected outcomes; (2) present an overview of the process; (3) review mission, vision and values to determine the need for updating; (4) discuss & guide staff on environmental scanning and developing an organizational profile; (5) clarify and finalize the details of the engagement process for the governing board, stakeholders and staff; (6) review issues-including any unique challenges. Interviews with members of the governing body will be conducted to introduce the consultant(s) and acquire the perspective of the elected officials regarding the current environment, challenges and issues. A session with staff at all levels will be held to explain the strategic planning process, what to expect, and how it fits into a results-oriented management system. This meeting will also be used to describe the survey that will be administered to employees and/or governing board to provide feedback into the strategic planning process. Activities include: a. Review previous strategic plan and performance results b. Facilitate meeting with Chief Administrative Officer and leadership team c. Prepare for and facilitate governing board & employee feedback (if included) d. Summary of meetings—outline of process X-E-01 917 W. Washington Blvd. #280, Chicago, IL 60607 800-550-0692 | www.craigrapp.com 4 Assess the Operating Environment The first step in the strategic planning process is a review of the operating environment. This is accomplished in three ways: (1) an Environmental Scan; (2) an Organizational Profile; and (3) a SWOT (Strengths, Weaknesses, Opportunities, Threats) analysis. Activity #1 – Conduct Environmental Scan Under the guidance of the consultant, the client develops the environmental scan which is a systematic review of major environmental factors affecting the organization’s operating environment such as: financial and economic conditions, demographics, political and intergovernmental relations, citizen and stakeholder issues, technology changes, environmental sustainability, and the regulatory environment. a. Develop and distribute environmental scan documents b. Provide staff support as required Activity #2 – Develop Organizational Profile An organizational profile is a baseline description of the organization prepared by staff with the guidance of the consultant. It provides detailed information regarding the human and capital resources of the organization and the strategic context for operations. Specifics regarding governance, organizational structure, work processes, staff capacity and capabilities, and the strategic environment are included. This serves as an on-going reference document for the board and leadership team. a. Prepare and distribute guides/examples b. Provide staff support, review as required Activity #3 – Administer SWOT Questionnaire A SWOT questionnaire is administered to all strategic planning participants. This provides a leadership perspective on the current environment-both internal and external. The results are aggregated to ensure anonymity and maximize candor. The data generated is delivered at the strategy retreat. a. Prepare and distribute questionnaire b. Summarize data Engage the Community and Stakeholders Concurrent with the environmental scanning effort, the consultant conducts a stakeholder engagement process. This effort seeks to understand community needs and expectations, and determine whether the organization’s mission, vision, values, and priorities are aligned with those expectations. The final elements and specific format for this effort will be determined by the client and may include in-person and online facilitated interactions with stakeholder groups. Stakeholders are defined by the client, but generally include community groups and members such as: the business community, schools, seniors, facility users/patrons, faith groups, historically underrepresented and hard-to-reach populations. Optional approaches for gathering community input include: • Focus groups—facilitated and conducted by the consulting team with groups identified by the client. Sessions consist of 8-12 individuals from each of the selected stakeholder groups. • Community forum(s)—facilitated community discussions conducted by the consulting team using audience participation technology (APT). Participants vote anonymously via electronic keypads, responding to questions relevant to the strategic planning process. Participation is open to the entire community and/or by invitation as determined by the client. X-E-01 917 W. Washington Blvd. #280, Chicago, IL 60607 800-550-0692 | www.craigrapp.com 5 • Online survey of stakeholders—these surveys can be focused on an array of external and internal groups and/or the entire community. Administered by the consultants using POLCO© or similar technology. Internal groups could include advisory boards or community leaders. • Statistically valid resident satisfaction survey. This differs from the previous online survey insofar as it relies on a methodology that assures high confidence of results and a validated margin of error. The National Community Survey by POLCO© is used for this purpose. All stakeholder engagement options include: a. Discuss approach with client and project team b. Prepare background materials c. Conduct process with selected approaches d. Summarize results Determine Challenges, Priorities, Outcomes, Targets Following completion of community engagement, the leadership group develops the plan, beginning with a review of the information and feedback collected, followed by a retreat where strategic challenges are identified, and priorities, outcomes and performance targets are determined: Strategic Planning Session #1- Review Stakeholder Feedback, Scan, Profile This session is held prior to the strategic planning “working sessions” (session 2, 3) and is dedicated to reviewing the results of the stakeholder feedback, the environmental scan, and the organizational profile. The consultant presents feedback results, and the staff presents the scan and profile. The session concludes with a facilitated discussion amongst the governing board regarding issues raised. a. Prepare and summarize data b. Present to governing board c. Facilitate discussion Effective Governance Session d. An interactive session for the elected officials, leadership team, and senior management team will be conducted to familiarize the group with best practices in governance and create team cohesiveness. Governance topics covered will include – roles and responsibilities, teamwork, candid communications, handling conflict, understanding differences (using DiSC© profiles), and decision-making. a. DiSC© Personality/Style Assessment b. The DiSC© personality/style assessment will be administered to all participants. The results will be used during the session to enhance understanding of style different and the impacts on team cohesion and decision-making. Strategic Planning Session #2- Examine Operating Environment, Identify Strategic Priorities (could be combined with Session #3) This session includes the governing board and leadership team and focuses on reviewing or confirming organizational purpose, examining the operating environment, and establishing priorities. The group addresses organizational value proposition, the mission, vision, and values, and updates them accordingly. A facilitated process is held yielding a list of organizational challenges and a set of 4-6 strategic priorities. The group’s effort will be informed by the results of the community engagement process and the information generated by the scan, profile, and SWOT questionnaire. a. Develop meeting process b. Review and integrate survey, environmental scan, profile, SWOT information c. Facilitate session and group exercises d. Summarize results X-E-01 917 W. Washington Blvd. #280, Chicago, IL 60607 800-550-0692 | www.craigrapp.com 6 Strategic Planning Session #3 –Establish Desired Outcomes, Key Indicators, Targets (could be combined with Session #2) This session is dedicated to defining a set of outcomes, key performance indicators, and targets used to establish accountability and achieve results. It may also address issues not completed at the previous session. Using a facilitated process, the group determines a set of strategic priorities, then develops and aligns outcomes and targets with the priorities. a. Prepare background materials b. Review previous session discussion/results c. Facilitate session d. Summarize results Operationalize into a Work Plan Following the development of a plan delineating outcomes and performance targets, the process moves to implementation. Via facilitated process, staff from many levels develop strategic initiatives-the projects that enable achievement of targeted performance. This is followed by creation of action plans—detailed steps required to implement initiatives. To ensure accountability and transparency, the actions are tracked and reported. This is done via an in-house process or via a software solution—determined by the client. Strategic Plan Implementation—Develop Strategic Initiatives/Action Plans This session is conducted with the staff at multiple levels across the organization. The session focuses exclusively on developing strategic initiatives and detailed action plans for each strategic priority, in line with identified outcomes and targets. Action plans need to be developed in sufficient detail to establish accountability and make the effort real. The session includes a review of the strategic planning process and guidance on action planning. If appropriate, it will also include initial exposure to the interface with implementation software. a. Meeting/discussion with CAO/Project Manager b. Review previous session discussion/results c. Prepare background materials d. Facilitate session e. Summarize results Strategic Plan Implementation- Work Plan refinement and integration This session is conducted with staff at multiple levels and focuses on refining the work of the previous session to achieve integration of effort across service areas. It includes training on the interface with implementation/dashboard software, if chosen. Performance reporting is presented along with forms and/or software solutions. a. Meeting/discussion with CAO/Project Manager b. Review previous session discussion/results c. Prepare background materials d. Facilitate session/train employees e. Summarize results Strategic Plan Implementation- Work Plan finalization This session is conducted with staff at multiple levels and will focus exclusively on final integration issues related to action plans, vertical and horizontal coordination, timing of project deadlines, and software input. This will include the review of staff work by the consulting team. a. Meeting/discussion with Chief Administrative Officer or Project Manager b. Review and feedback on staff work c. Prepare background materials d. Summarize results X-E-01 917 W. Washington Blvd. #280, Chicago, IL 60607 800-550-0692 | www.craigrapp.com 7 Plan Updates, Continuation Each year following initial plan adoption (Years 2-5), the consultant will work with the client to review and update the plan. a. Review strategic plan process, prepare background materials b. Facilitate retreat c. Summarize results Options - Pricing TYPE OF PLAN OPTIONS PRICE* “Getting Organized” Plan 45-60 days Online intake assessment, SWOT, Strategy session, Initiatives advice, Report $12,500 Strategic Plan- Limited 60-75 days Project planning, management session, SWOT, Strategy session, Initiatives/Action Planning session, Report $19,500 Strategic Plan for Operations 75-90 days Project planning, leadership interviews, management session, Environmental Scanning, SWOT, Focused Community Engagement, Strategy sessions, Initiatives/Action Planning sessions, Report $27,500 Strategic Plan- Comprehensive 90-140 days Governance session, leadership interviews, management session, Environmental Scanning, SWOT, Expanded Community Engagement, Strategy sessions, Implementation-Alignment-Performance management, Report $35,000+ TBD based on scope** Strategic Plan- Transformational 120-180 days+ Governance session, leadership interviews, Initiation session, Environmental Scanning, SWOT, Comprehensive Community Engagement, Strategy sessions, Implementation-Alignment-Performance management, Software-enabled results tracking- reporting, Report TBD based on scope** Strategy Update – Annual Client-consultant review of progress; SWOT; Facilitated strategy session; Plan Update TBD based on scope** *Travel not included **Final price dependent upon engagement methods chosen X-E-01 917 W. Washington Blvd. #280, Chicago, IL 60607 800-550-0692 | www.craigrapp.com 8 Examples of Strategic Plans, Implementation Examples of strategic plans, environmental scans, and do-it-yourself performance reports are available at: Examples of Strategic Plans, Initiatives/Action Plans, and DIY Performance Reports The Rapp Consulting Group has business alliances with POLCO© and Envisio©. They are best-in-class providers of stakeholder engagement and performance management. An example of how Envisio’s software and dashboard solutions are being implemented by a Rapp Consulting group City is found here: City of Maplewood, MN https://www.youtube.com/watch?v=48vqbpOpNyo&t=0s POLCO www.POLCO.us Envisio www.envisio.com https://www.envisio.com/envisio-public-dashboard Clients The primary clients served by Rapp Consulting Group are cities, counties, and special districts. The organizations vary but are generally similar in size and complexity. The following are a representative sample of engagements over the past five years: STRATEGIC PLAN ENGAGEMENTS City of Bloomington, MN City of Blaine, MN City of Shakopee, MN City of Chanhassen, MN City of Savage, MN City of Northfield, MN City of Prior Lake, MN City of Richfield, MN City of West St. Paul, MN City of Waconia, MN Village of Gurnee, IL City of Lockport, IL Village of Lombard, IL Village of Lemont, IL Village of Roselle, IL Village of Glen Ellyn, IL Village of Oswego, IL Village of New Lenox, IL City of Burlington, WI City of River Falls, WI Dakota County CDA, MN Washington County CDA, MN Lisle-Woodridge Fire District, IL Roselle Park District, IL Roselle Public Library District, IL Oswego Public Library District, IL Northfield EDA, MN Lakeville EDC, MN X-E-01 City Council Memorandum To: Mayor Fasbender & City Councilmembers From: City Administrator Dan Wietecha Date: March 20, 2023 Item: Public Works Director Council Action Requested: Approve appointment of Ryan Stempski as Public Works Director Background Information: Following the resignation of Public Works Director Nick Egger in summer 2021, we advertised the position, conducted direct recruiting, and performed initial interviews of 5 candidates meeting the qualifications. Unfortunately, those candidates did not pan out. In speaking with several other municipalities recently/currently hiring for similar positions, it is a very difficult hiring environment for a specialized position. Thereafter, we amended our contract with Focus Engineering to name Ryan Stempski as Interim Public Works Director through December 2022. This was later extended through March 2023. One concern of the Operations Committee and the City Council at that time was whether rolling the City Engineer and Public Works Director duties into a single person might be too great a workload. Throughout 2022, experience has proven this to be manageable. Additionally, we have deliberately maintained budget capacity to supplement the department with contract engineering support (for example: CAD, GIS, research, and construction oversight) as needed. We utilized services of Focus and WSB in this manner last year. The City has contracted with Focus for City Engineer service for 6 years. This has been an “embedded” position with Mr. Stempski part of the Department’s hierarchy and operations to the point that some may not even realize that he is not actually a City employee. He has experience with our Department, with several ongoing and major projects (for example: PFAS, Hwy 61, WWTP, several housing developments), and with our partner organizations (for example: Met X-E-02 Council, MNDOT, Dakota County). He is respected for his expertise and has built strong professional relationships. Naming his as Public Works Director will maintain stability to the Department. And it enables continued staff development following recent promotions and hiring. Mr. Stempski has staff support in the Department and from our Management Team. Under our Charter and City Code, the City Council approves/authorizes the appointment of the Public Works Director (and other Department Heads) by the City Administrator. With City Council approval, I intend to appoint Ryan Stempski as Public Works Director. Financial Impact: Within budget Committee Discussion: Operations Committee met March 15 and supported the appointment Attachments: None X-E-02