Based on the context provided and the dialogue within the transcript, here is the formatted version with speaker names identified. *Note: While "Jen Fox" was not on your initial list, she is a member of the Hastings City Council and is explicitly identified by name in the transcript (referred to as "Councilmember Fox" and phonetically as "fch"). I have also identified City Attorney Korine Land, who typically handles the legal responses mentioned at [16:21].* [0:00] **Mayor Mary Fasbender:** one nation under God indivisible with liy and justice for all welcome and let the role reflect we have a majority with the absence of council member Lawrence and council member folch council members is there any items any corrections to the minutes from the past meeting and at this time we will hear from the audience if anybody wishes to speak to the audience at this time please step forward or if you're on Zoom please raise your hand and we will call on you if we see your hand raised no one in the audience no one on Zoom we got several [0:47] **Mayor Mary Fasbender:** on Zoom but nobody's raising their hand okay again we will ask if you would like to speak to us on Zoom please raise your hand and we will allow you to come into the meeting okay council members any uh items to be considered Council I would accept a motion to approve the consent agenda [1:15] **Councilmember Lisa Leifeld:** so move [1:18] **Councilmember Dave Pemble:** Jer second [1:20] **Mayor Mary Fasbender:** and a move by council member leld with a second by council member pemble any discussion all those in favor of the Motion state by saying I I I oppose to that meeting or motion sorry state by saying nay and that [1:32] **Mayor Mary Fasbender:** motion prevails tonight we have a authorization of a signature agreement for amendment number two with Apex facility Solutions LLC and for this item we will have an introduction by our Parks and Rec director Chris Jenkins welcome Chris [1:49] **Parks Director Chris Jenkins:** thank you mayor I appreciate it uh mayor and Council this is amendment number two this is the arena Refrigeration Roofing and solar project at the Hastings Civic Arena uh previous Amendment added the motor control center and the West rink roof replacement for that project this is everything else this is the actual Refrigeration plant this is the solar that goes on top of the West rink roof and this is an upgraded and replaced electrical service center for that um not a whole lot has changed uh that you guys have not seen already but uh this puts the total cost of this project at just over 5.2 million and again what we're asking for tonight is authorization and uh with this amendment We'll add it to the agreement and we'll keep moving ahead [2:36] **Mayor Mary Fasbender:** great thank you Chris Council any discussion [2:47] **Councilmember Jen Fox:** council member fch uh thank you your honor hi Chris hi to you congratulations on your daughter being um committed to Del to play softball your second daughter I'm sorry what was her name again [2:59] **Parks Director Chris Jenkins:** Lauren [3:00] **Councilmember Jen Fox:** Lauren both beautiful girls I saw your older girl just this weekend [3:03] **Parks Director Chris Jenkins:** oh yeah yeah she did come down um [3:06] **Councilmember Jen Fox:** so I was wondering with the with the projects as they're Rolling Along how it is that the needs assessment that's being done with the stakeholders how do you see that work being completed the results and then how does that work with the overall um Rehabilitation of the facility [3:27] **Parks Director Chris Jenkins:** sure with the planning process that is currently underway um and this project so what's being tackled in this project is it's everything kind of as is right where we're placing the roof on the west rink throwing some solar up there even with a facility renovation there'd be no need to touch that piece of it uh so this one does not touch the lobby roof that's between the two buildings um so that that piece still has options we wouldn't if we move forward with another project out of the renovation planning process we wouldn't be tearing apart anything that we've already done so the refrigeration is going to be where the refrigeration currently is there'll be some slight building modifications to that because it is an anhydrous ammonia system which requires some Walling off and some separate ventilation for that to be um well just so you don't enter a room that has anhydrous ammonia leak you've got to be able to vent that stuff out um so the solar the roof and that Refrigeration plant no impact on our ability to move forward and we wouldn't be tearing up anything that was just done with this project if we do move forward with some renovation projects [4:38] **Councilmember Jen Fox:** okay great and so I see it says the total cost of this project is 5.2 million and so just for clarification I know that we had already purchased I we needed to do some Advanced ordering of refrigeration um equipment right um that had long leak times and then um we had already authorized some of the work already on the west roof and so is that $5.2 million all of those projects to date [5:15] **Parks Director Chris Jenkins:** okay that's what I thought because this was an amendment to the original scope of the project everything included 5.2 [5:21] **Councilmember Jen Fox:** okay and when we were originally um estimating all of this I want to say it was closer to 4 million so are we over budget is that's is that what's happening here [5:26] **Parks Director Chris Jenkins:** yeah 4 4.5 um and as time creeps on prices keep keep moving up so a portion of that was um an added piece to the West rink roof which was the there's kind of the slant roof off of the top of the main roof if you can picture it it's flat and then there's some metal that Slants off of the the current West rink roof um we know there's some leaks and stuff under that the original roofing project did not tackle that so that added about $400,000 to do that Holy smok we're touching that roof this is the time to do it so there's been some some added pieces like that um there is a couple of months of temporary chillers if we need them built into this as well so if we don't need those chillers we won't incur that cost um if for some reason something happened and the refrigeration plant wasn't online when we need to build ice we have temporary chillers built in to the price to make sure that we have ice in the fall next year [6:40] **Councilmember Jen Fox:** okay terrific and so for the East rink what are the plans for the roof there [6:46] **Parks Director Chris Jenkins:** as is for now okay the Easter rink roof we haven't the only problems we have with EAS rink roof and we are working on that with uh with Charlie from facilities is when we have snow and ice slide off that barrel roof it takes out some of the stacks for vents for chimneys from boilers and stuff like that so trying to build up some better snow guards for that but it is it is also just a hazard of of having that type of that type of roof and having facilities underneath that roof that need to vent to the outside [7:26] **Councilmember Jen Fox:** well not to mention the public I was once walking into the rink as it was melting and I saw a huge sheet come down and it came down into the parking lot like where the where folks pick up their kids [7:38] **Parks Director Chris Jenkins:** yeah right [7:39] **Councilmember Jen Fox:** okay and so um there's not anark at this time for that work to be completed [7:43] **Parks Director Chris Jenkins:** certainly something that's on our staff's mind if we look for a future renovation project is to do something to be able to separate pedestrian traffic from that snow Zone that snowfall Zone but currently there's a couple of storm drains in that that curb line and that curb line itself too [8:14] **Councilmember Jen Fox:** great and then so we're um paying for all of this with this is the bonding I guess question for yourself or Dan was um since this is an this is an over this is over budget it's [8:21] **City Administrator Dan Wietecha:** I I don't know that I'd agree with the the comment over budget but that's semantics um uh the the intent would be uh to seek roughly half of the funding through the state uh we're we've got the state or the Senate um capital investment committee visiting next week the 30th next Thursday um so hopefully we'll have some interest in the project uh if that cannot work out uh we would look at um uh funding that internally uh so we would certainly be issuing debt in order to move forward with the project uh we also um historically through our joint Powers agreement uh have had a c sharing arrangement with the school district uh so I'd anticipate that um those negotiations which we've had some initial conversation but those negotiations would be ongoing for them to um pick up some portion of it likely um you know increasing their their ice rental rates or something but uh bringing in additional funding from that standpoint [9:20] **Councilmember Jen Fox:** your honor may I continue sure so um so of the 5.2 we H so we're going to move ahead with the work but we haven't secured all the funding for all of the construction I'm sorry I'm just a little confused about that [9:24] **City Administrator Dan Wietecha:** this project has long lead times right and in order to meet those lead times we could not wait to hear if we had State funding I see so back in June or July when we entered this contract Council said we need to move forward we can't delay another year to see if we have state funding come through so we're still hoping that we we can but uh the the project really is at a point that we need to be pushing this forward um [10:14] **Councilmember Jen Fox:** I agree wholeheartedly and I've been supportive of it all along um I didn't know that the Senate capital investment uh committee is coming to look at the rank next Thursday so that's new news to me [10:30] **City Administrator Dan Wietecha:** I'm not sure they'll be here Thursday I will send an email to council making sure that you've got the specifics on when and where [10:37] **Councilmember Jen Fox:** okay wonderful thank you very much [10:41] **Parks Director Chris Jenkins:** thank you [10:44] **Mayor Mary Fasbender:** thank you council member fch any other questions Council okay if not I would accept a motion to approve the amendment number two for the guaranteed energy saving agreement with Apex facility [10:51] **Councilmember Jen Fox:** so move your honor [10:53] **Mayor Mary Fasbender:** council member Fox and council member VCH new discussion Council all those in favor of the Motion state by saying I I oppos to that Motion state by saying nay and that motion prevails thanks very much looking forward to uh seeing the process starting right okay tonight under Administration we have a na the national class action settlement for pias and we will have an induction intruction by our city administrator Dan teacher Dan [11:32] **City Administrator Dan Wietecha:** thank you um obviously we've been talking about various pieces of this for uh quite a while uh this was even this specific item was on the agenda last meeting but we pulled it pending some uh additional review by our attorneys um there are two national class action settlements uh that have been um proposed or negotiated uh one with uh 3M Company and one with uh the DuPont company um combined uh there there's a a a calculator so it gives you a range so we don't know exactly what we would get uh but uh estimated it would be between 2.7 million and 4.6 million from 3M and 260,000 and 440,000 from DuPont so roughly $3 to5 million probably towards the lower end of that range um uh 3 to 5 million is far short of the $69 million construction price tag we're looking at uh uh in Additionally the operation and maintenance of the facility we have been working with the Minnesota Pollution Control agency to um basically working through the super fund process in order to investigate um uh the the presence of uh pasas in our drinking water and potential uh um sources for that uh and specifically potential connection to the um uh disposal 3m's Cottage Grove disposal site um that'll take some process uh and and uh hopefully we will know more about about uh that study later this winter uh certainly later in the spring uh but uh at the same time we've got this settlement before us now and it has some very strict requirements such as if you want out which is my recommendation if you want out uh and uh reserve your rights to seek um uh other claims against 3M and Dupont you have to affirmatively say you're out if you sit quiet then the deadline goes by you're automatically in and if you're automatically in it doesn't even mean you get money you still have to fill out the paperwork to make your claim so uh if if a municipality is unaware and just sits idly by the whole thing will pass pass them um but we're aware of it um there also is a very strict deadline uh so um uh in early December is the deadline to say we opt out uh and I think that's part of why we've had these uh discussions uh here at city council discussions with our uh our our environmental attorneys about this um uh and essentially really a matter of uh keeping our options open um the the dollars that we appear to be eligible for are nowhere near what we know we will need uh we don't know exactly what the final disposition will be if it's something uh that we're able to uh have through um uh some sort of claim against 3M whether it's the uh State's settlement with 3m uh whether it's some uh funding Directly by the state or some other grant funding uh but really we want to at this point keep all options open uh with with the size of the dollar amounts um I think that's the highlights to it um but with that I can certainly take any questions thank you [15:32] **Mayor Mary Fasbender:** thank you Dan Council any questions okay if council member folch [15:35] **Councilmember Jen Fox:** thank you your honor um so if so what you're asking for us this evening is a motion to formally opt out of the posos the Fett the settlement that um is against 3M at this point um you know I I support that I think it's a bit of a c calculated risk I mean obviously if we um decide to not litigate if we decide to opt out that means that we have to move forward with litigation and um how and I know that we've um brought on an attorney to assist us with um evaluating the situation how does that work um in conjunction with the league of Minnesota cities um would we work at all with their legal staff or would we be completely on our own to pursue litigation against 3M and maybe um attorney land would be best to suit that question or to answer that question thanks [17:07] **City Attorney Korine Land:** uh your honor council member fch the way it works with League of Minnesota cities is they're not taking a position on the Pas litigation at all they are informing the cities that there are these two class actions and they're informing the cities that there are deadlines that you need to make decisions and that's it they're not providing any legal advice if the city chooses to pursue litigation we would be on the plaintiff's side and the league is only defense so they do not provide any litigation assistance for plaintiff side litigation rare cases they will if they involve something that is a land use matter but 99.9% of the time they will back away from representing a city if the city is on the plaintiff side of the V so the city would be required to hire its own legal council and in this kind of environmental case you definitely need specialized uh litigators that understand environmental law I can help with filling out a claim form I can help with the the opt out or the opt in uh and that's about it so we wouldn't litigate this kind of a detailed scientific environmental claim [17:39] **Councilmember Jen Fox:** thank you councelor [17:42] **City Administrator Dan Wietecha:** Dan and just add for clarification uh if the city were to opt out this evening that is not a decision to file suit against 3M it really is a decision to keep our options open we have that option in the future but it's not a a a decision or a commitment to at this at this point [17:53] **Councilmember Jen Fox:** council member fch and then how is it that we would approach 3M and request um funds because you know I agree with you $1.5 to $3 million is a drop in the bucket when we're looking at incurring a cost of $69 million and so um so I think that it is a calculated risk that we're taking and so um our what is you know what is our course of action um is it you know I mean I'm I'm not sure exactly how it is that we wouldn't um how is it that we wouldn't receive funds from 3M if we don't litigate it uh they probably wouldn't just agree to lunch and you know hand over $25 million and so it seems to me that we would need um some kind of plan for how it is that we're going to move forward forward if we're opting out and I don't know if that is like attorney client privilege and something that we should discuss in a in a closed session but it seems that it would behoove us to have more of a strategic plan for how it is we're going to move forward with this um seems like we have a lot of balls up in the air that we're trying to PS you know we're trying to pursue different Avenues to help with assistance um it would um be helpful to have a closed session perhaps and understand the strategy that we should be pursuing [19:29] **Mayor Mary Fasbender:** thank you Council fch council member Fox [19:35] **Councilmember Jen Fox:** um I considering this on our last agenda um in my conversations with Dan prior to the meeting the way that I reflected on it was exactly such right it's a calculated risk it's something that we really have to um do our due diligence and take the steps to have more impact financially in the future with other opportunities or perhaps this opportunity in litigation um so I I would like to make a motion to um officially opt out of the national class action settlement against 3M and Etc [20:25] **Mayor Mary Fasbender:** thank you council member Fox and council member both of them yes council member pemble seconds [20:29] **Councilmember Dave Pemble:** I'll second that motion [20:30] **Mayor Mary Fasbender:** okay any new discussion Council all those in favor of the Motion state by saying I I oppos to that Motion state by saying nay and that motion prevails council members any announcements council member fch [20:56] **Councilmember Jen Fox:** I'm sorry that I was a few minutes late to the um meeting and I um I I was I was intending on pulling the study the um that was done of our uh commercial businesses in Hastings the solid waste uh study and I I was just curious um and perhaps this can be brought I don't know if Dan's ready to answer it now or perhaps we can discuss it later was just what would be the next steps um if the county was going to use the data to assist our business community and understanding better options for recycling or if um if City staff were going to use that information and um create any plans with it that's where what I was wondering [21:46] **Mayor Mary Fasbender:** thank you council member thank you your honor Dan [21:47] **City Administrator Dan Wietecha:** there is nothing presently planned but I think that it did um note uh a couple of areas that there certainly could be some education to businesses um a couple things I I read the draft I didn't read the final version and it's been a month and a half since I read it so going by memory I I think that it found um businesses were very good at recycling cardboard uh some of their other materials maybe a little bit not as as consistent but um overall I think decent uh there were a couple of businesses that did not have apparent recycling containers and maybe it just wasn't in the alley they had some other solution but but that raised a question uh there also is a matter of um some businesses uh appeared to um on the business side be doing a good job recycling but there was stuff maybe was soda cans and food type containers but looked like maybe the employee break room was not being recycled and was was just going in the trash so I think there's a few areas that certainly could be some uh some Outreach for Violet to do or for the county to do but there's no immediate plans for for that [22:46] **Councilmember Jen Fox:** thank you rer [22:48] **Councilmember Jen Fox:** I would just hope that maybe the you know a few nuggets could be shared at least with the Chamber of Commerce to um share with its membership from you know the findings of that study so that we could um help educate our local businesses um I hate I always hate to do studies and not have a plan of action as to how to use the study and so I knew it was a little bit of a risk for us to do um that study without you know a plan in advance and so I would hope that uh staff are going to at least spread some of that information to local business um communication channels that are already made available to us and I would really like to hear back um in the future because I know that we do receive some Grant funds from the county to use specifically for recycling and um how it is that we're going to continue to move forward towards the County's goals um using that information thank you [23:58] **Mayor Mary Fasbender:** thank you council member fch any other announcements okay I have a few the city offices will be closed this Thursday and Friday in observance of Thanksgiving uh gobble gate is Thursday November 23rd you can still register all the way up until the race day proceeds due uh benefit Hasting family service small business Saturday and the holiday hoopla are Saturday and November 25th enjoy music crafts Moores horse and wagon rides tree lighting and Retail and restaurant deals recycle your old lights with the Hastings Holiday Lights drop off collection residents can drop off their unwanted light strands at the Joint maintenance facility 920 10th Street West during the holiday season from November 13th to January 3rd the Hastings Prescott Art Council annual Gala and silent auction is Sunday December 3rd you can attend in person or online Thursday November 21st 7 p.m. there's a Heritage preservation commission meeting Monday November 27th 7.m there's a finance committee meeting 7 p.m. on Monday November 27th is's a Planning Commission meeting and Monday December 4th at 700 p.m. is a city council meeting with that I would ask for a motion to adjourn [25:21] **Mayor Mary Fasbender:** council member Pell and council member leld no discussion all those in favor of the Motion state by saying I I I oppose that Motion state by saying nay