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CITY OF HASTINGS
CITY COUNCIL FOLLOW-UP AGENDA
Monday, April 17, 2023 7:00 p.m.
I. CALL TO ORDER 7:03 pm
II. PLEDGE OF ALLEGIANCE
III. ROLL CALL
IV. DETERMINATION OF QUORUM
Members Present: Mayor Fasbender, Councilmembers Folch, Fox, Haus, Leifeld, Lund, and Pemble
Members Absent: None
Staff Present:
City Administrator Dan Wietecha
City Attorney Kori Land
Community Development Director John Hinzman
Public Works Director Ryan Stempski
Presentation, Dakota County Assessor’s Office, Joel Miller
V. APPROVAL OF MINUTES
Approve Minutes of the City Council workshop and regular meetings on April 3, 2023.
Minutes were approved as presented.
VI. COMMENTS FROM THE AUDIENCE
Comments from the audience may include remarks about items listed on the Consent Agenda.
Pete Likes, 3000 4th St E, commented on the floodwater levels and the Governor’s visit. Offered a
question about jurisdiction to provide access to certain areas and whether emergency vehicles can
access the homes via the alternate route during flooding.
Ray Kane, American Legion & Beyond the Yellow Ribbon, presented on the proposed gambling
ordinance amendments. Currently 36% of funds go to taxes for the State of MN. Concerns about the
10% Charitable Contribution and the 75% trade area requirement. The Legion makes sizable donations
to the Hastings Veteran’s Home via the Dept of Veteran’s Affairs—so it may not look like it is given in
Hastings. Donations to BYR goes to Cottage Grove/Mn Valley does not get credited because not in
City. The increase in spending in the trade area would negatively impact overall giving beyond the
trade area. Many Hastings residents access the Veteran’s Hospital and local VA Home. Concern about
the changes impacting the mutual helpfulness, which is one of their pillars.
Afton Benson, CEO of Climb Theatre, Inver Grove Heights, currently at Pub 55 and The Bar. Doing a
pilot residency program at Hastings Middle School. A 75% trade area spending would be crippling.
Have been doing gambling in town for over 10 years and contributed about $30,000 last year through
programming in the schools. Strongly urged Council to not change the current ordinance.
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.
Pemble, Fox to approve as presented, pulling Item 6 and moving it the Administration section.
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7 Ayes, 0 Nays.
1. Pay Bills as Audited
2. Resolution No. 04-08-23: Accept Donation from SC Toys to the Parks and Recreation Department
3. Resolution No. 04-09-23: Accept Donation from Hastings Family Service to the Parks and
Recreation Department
4. Resolution No. 04-10-23: Approve Outdoor Music – Tent Event with Liquor License Amendment
for Las Margaritas
5. Special Event Designation: Animal Ark 3K with Temporary Liquor License
6. 1st Reading: City Code Amendments: Chapters 110.17 & 34.03, Lawful Gambling & Fees
IX. AWARDING OF CONTRACTS AND PUBLIC HEARING
These are formal proceedings that give the public the opportunity to express their concern, ask
questions, provide additional information, or support on a particular matter. Once the public hearing is
closed, no further testimony is typically allowed and the Council will deliberate amongst itself and with
staff and/or applicant on potential action by the Council.
1. Public Hearing: New Parklet Application – Quarry Taphouse
Hinzman provided an overview of the request. Sara Stenger of Quarry Restaurant LLC dba Quarry
Taphouse, 106 2nd Street East submitted an application for a Parklet. City Departments reviewed the
proposal and amended liquor license and recommends approval. Council is asked to hold a public
hearing for the request. Property owners within 350 feet of the property were mailed notice of the
request and scheduled public hearing.
Mayor Fasbender opened the public hearing at: 7:42 pm
Mayor Fasbender closed the public hearing at: 7:43 pm
Folch, Haus to approve as presented.
7 Ayes, 0 Nays.
2. City Code Amendments – Escrows and Fees
a. Public Hearing\2nd Reading\Adoption: City Code Amendment – Chapter 34.03
b. Public Hearing\2nd Reading\Adoption: City Code Amendment – Chapter 154
c. 2nd Reading\Adoption: City Code Amendment – Chapter 155
Hinzman reviewed the proposed ordinance amendments to Chapters 34.03, 154, and 155 regarding
Escrows and Fees. Council considered the first reading of the above actions at the April 3, 2023
meeting. Proposed amendments accomplish deleting duplicate information already provided in
ordinance, establish more specific requirements for escrows including use and replenishment of
funds, final payments and return of unused funds to the applicant, and establish a uniform escrow
for annexation, environmental assessment, site plan, and preliminary plat actions. Council is asked
to consider the second reading of these actions and adopt the amendments as written.
Mayor Fasbender opened the public hearing at: 7:47 pm
Mayor Fasbender closed the public hearing at: 7:47 pm
Lund, Leifeld to approve as presented.
7 Ayes, 0 Nays.
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3. Resolution No. 04-11-23: Receiving Bids and Awarding Contract for Project 2023-1, 2023
Neighborhood Infrastructure Improvements
Stempski reviewed the request to adopt the resolution to award a contract for the 2023
Neighborhood Infrastructure Improvements. The City received eight bids for this project on April 7.
Stempski summarized the bids received, indicating the process of post-bid contractor qualification
review. The qualification review for BCM Construction, Inc. determined their proposal score
exceeded the minimum score necessary to be considered qualified to perform the project. Stempski
noted that BCM Construction, Inc. completed a neighborhood project for the City of Hastings in the
past (2018-1), which was completed on time, met quality requirements, and was on budget. Council
is asked to move forward in adopting the resolution to award the contract to BCM Construction,
Inc. in the total amount of $3,368,721.25, which includes Bid Alternate No. 1.
Council discussion on bid alternates.
Fox, Pemble to approve as presented.
7 Ayes, 0 Nays.
4. Resolution No. 04-12-23: Receiving Bids and Awarding Contract for the 2023 Mill & Overlay
Program
Stempski reviewed the request to adopt the resolution to award a contract for the 2023 Mill &
Overlay Program. The City received five bids for this project on March 23. Stempski summarized
the bids received, indicating the State Aid street portion of the program is paid for by State Aid
funding up to $250,000, the local residential non-State Aid streets will be paid by Mill & Overlay
up to $450,000, and the ADA sidewalk improvements will be paid by Repair and Maintenance up
to $25,000. Council is asked to move forward in adopting the resolution to award the contract to
Park Construction Company in the total amount of $723,626.75, which includes Bid Alternate No.
1.
Fox, Leifeld to approve as presented.
7 Ayes, 0 Nays.
X. REPORTS FROM CITY STAFF
These items are intended primarily for Council discussion and action. It is up to the discretion of the
Mayor as to what, if any, public comment will be heard on these agenda items.
A. Public Works
B. Parks and Recreation
C. Community Development
1. 2nd Reading\Adopt Ordinance: City Code Amendment – Chapter 155 – Solar Energy Systems
Hinzman reviewed the City Code Amendment Chapter 155 – Solar Energy Systems. Hinzman
indicated the amendment establishes rules for Solar Energy Systems. The City does not
currently have any regulations pertaining to installation of solar energy systems. The creation of
the ordinance may encourage further installation of systems which may be financially
beneficial to homeowners and solar farm operators. Hinzman indicated the Planning
Commission reviewed the amendment and voted to recommend approval with minor
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clarifications. City Council considered the first reading at the April 3, 2023, meeting and is
requested to consider the 2nd reading and adoption of the ordinance amendment.
Council discussion on acreage, Xcel restrictions and consideration of solar systems for historic
structure and historic preservation. Discussion on what limiting glare means and how
communicated in application.
Fox, Folch to approve as presented.
7 Ayes, 0 Nays.
D. Public Safety
E. Administration
1. Community Investment Fund
Wietecha reviewed the recommendations for Community Investment Funding. As part of the
2023 Budget, the City Council continued the Community Investment Fund and allocated
$100,000.00 in funding for 2023. The CIF is focused on partnerships and civic engagement
with a goal of creating and supporting vibrant, community-supported, public projects and
efforts. Wietecha indicated a review of applications was completed with the Finance
Committee of Council. The Committee and staff unanimously recommend funding for 7 of the
8 applications received. Wietecha reviewed the projects that were recommended for funding.
Wietecha further reviewed the financial impact and additional discussion regarding the
applications.
Council discussion on the value of the matching component of the projects to demonstrate the
commitment on the part of the organizations and continue to encourage the projects. Past
projects were very positive additions to the community. Discussion on the project that was not
funded. The YMCA submitted proposal to create athletic fields on Allina-owned property near
the YMCA. This did not meet the requirement that the project needed to be on public land.
Discussion of other partnership opportunities with the YMCA for recreational opportunities.
Pemble, Folch to approve as presented.
7 Ayes, 0 Nays.
2. 1st Reading: City Code Amendments: Chapters 110.17 & 34.03, Lawful Gambling & Fees
Item pulled from the Consent Agenda.
Council discussion on public comments heard earlier in the meeting with questions: reason for
changes, comparisons to other cities, and understanding the charitable contribution fund.
Question about whether the Vets home contributions by the Legion could count toward trade
area spending. City Attorney Land indicated that if the organization can show good faith effort
at spending in Hastings, that would qualify.
Council discussion on 15 years since the ordinance was last amended. The Administration
Committee reviewed the proposed amendments and discussed options for the City provided by
State statute. Council discussion on the importance of keeping funds in the community but may
need to better understand the 10% Charitable Contribution fund. Discussion about the option to
table or approve 1st reading with possible amendments at the time of 2nd reading. Clarification
that adjustments to the ordinance language can be made at the 2nd reading.
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Lund, Pemble to table 1st Reading of the ordinances.
3 Ayes, 4 Nays (Fox, Folch, Haus, Liefeld) Motion failed.
Leifeld, Fox to approve as presented.
7Ayes, 0 Nays
XI. UNFINISHED BUSINESS
XII. NEW BUSINESS
XIII. REPORTS FROM CITY COMMITTEES, OFFICERS, COUNCILMEMBERS
Announcements
• Councilmember Folch provided No Wake follow-up and conversation with Deputy Sheriff Joe Leko.
Dakota County is monitoring the access points with traffic information. Stakeholders meeting
scheduled for April 26 at 6 pm. Because of flood conditions, the St Croix is at No Wake and there will
be a 30-day temporary No Wake on the Mississippi River tomorrow.
• Councilmember Folch—Xcel looking at installation of EV charging stations through new program.
• Hastings Area Earth Day Birding Festival at Carpenter St. Croix Valley Nature Center on Saturday,
April 22. Guided birding field trips, bird banding demonstrations, raptor presentation. Pre-registration
preferred.
• Adult Softball and Sand Volleyball Leagues are forming now. Please go to the City website to register.
• The 3rd Annual Sound the Siren Food for Kids food drive takes place April 17-28. The food drive is a
friendly competition between the City of Hastings Police Department and the Dakota County Sheriff’s
Office. The community is encouraged to donate kid-friendly, single-serving, non-perishable food items.
When the cars are filled, the sirens will sound!
• Volunteer with the Hastings Parks & Recreation Department and plant a tree in celebration of Arbor
Day. Our City Forester will provide a demonstration prior to planting. Friday, April 28 at Greten Park,
pre-registration appreciated.
Meetings
Tues, Apr 18
7:00 pm Heritage Preservation Commission Meeting
Wed, Apr 19
6:00 pm Parks and Recreation Commission Meeting
Mon, Apr 24
7:00 p.m. Public Safety Committee Meeting
7:00 pm Planning Commission Meeting
Fri, April 28
8:00 am City Council – Strategic Planning Retreat
Mon, May 1
7:00 pm City Council – Regular Meeting
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XIV. ADJOURNMENT Leifeld, Fox to adjourn 9:05 pm
Next Regular City Council Meeting: Monday, May 1, 2023 7:00 p.m.