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Home My WebLink About20220606 - CC MinutesSign 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 June 6, 2022 The City Council of the City of Hastings, Minnesota met in a regular meeting on Monday, June 6, 2022 at 7:00 p.m. in the Council Chambers at the Hastings City Hall, 101 East 4th Street, Hastings, Minnesota. Members Present: Mayor Fasbender, Councilmembers Braucks, Folch, Fox, Leifeld, and Vaughan. Members Absent: Councilmember Lund Staff Present: City Administrator Dan Wietecha Assistant City Administrator Kelly Murtaugh City Attorney Korine Land Community Development Director John Hinzman Fire Chief John Townsend Proclamation: LGBTW+ Pride Month Mayor Fasbender and City Councilmembers read the proclamation. New Employee Introductions Charlie Judge, Facilities Manager Shawn Shorey, Building Inspector Wietecha welcomed Judge and Hinzman introduced Shorey. Employee Promotion Introductions Jamie Stevens, Firefighter/Fire Inspector Robert Wargo, Paid On-Call Firefighter Lieutenant Tim Likes, Paid On-Call Firefighter Lieutenant Jeremy Bickner, Paid On-Call Firefighter Lieutenant Chief Townsend introduced Wargo, Likes, Bickner, and Stevens. Pleasant Hill Library Presentation, Branch Manager Julia Carlis Carlis provided Council with an update of the new and ongoing activities and events at the Pleasant Hill Library and other Dakota County Libraries. Approval of Minutes Mayor Fasbender asked if there were any additions or corrections to the minutes of the regular City Council meeting on May 16, 2022. Minutes were approved as presented. Consent Agenda 1. Pay Bills as Audited 2. Resolution No. 06-01-22: Accept Donation from the Warner Family and Friends for a Memorial Bench 3. Resolution No. 06-02-22: Approve MN GreenCorps Member Host Site Agreement 4. Resolution No. 06-03-22: Approve One-Day Gambling Permit for YMCA of the North 5. Appoint HEDRA Commissioner – Item pulled from Consent, moved to X. Reports from City Staff, E. Administration 6. Authorize Signature: Joint Powers Agreement – Building Official Delegation 7.Authorize Signature: Utility Abandonment Agreement – Vermillion Acres 8.Resolution No. 06-04-22: Type II Home Occupation Permit – Paul and Shannon Schmitz – E Bike Rental (420 6th Street East) 9.Authorize Signature: Terminate Joint Powers Agreement – Prior Agreement for Criminal Justice Network 10.Special Event Designation and Temporary Liquor License for 2022 Rivertown Days 11.Special Event Designation and Temporary Liquor License for Relay for Life 12.Special Event Designation: 4th of July Parade and Fireworks 13.Declare Surplus Property and Authorize for Public Sale – 1993 Fire Engine #3 14.Resolution No. 06-05-22: Authorizing Budget for City Hall Dome / HVAC Project Councilmember Leifeld motioned to approve as presented, pulling #5 from Consent Agenda, seconded by Councilmember Braucks. 6 Ayes, 0 Nays Continued - Appeal of Administrative Decision: Hudella (15213 Ravenna Tr.) Hinzman presented the request of Shane Hudella owner of 15213 Ravenna Trail to appeal the decision that a cable rail fence constructed around a swimming pool is in violation of Hastings City Code Section 155.05, Subd. F.4. Performance Pools and Spas (PPS) applied for a building permit to construct an in-ground pool at fence on behalf of Mr. Hudella on February 17, 2021. The permit identified the placement of the pool and fence, but did not indicate that the fence would be cable railed. The fence was inspected after construction and it determined it did not meet City Code because it was climbable. Council moved to table the discussion at the May 16, 2022 regular City Council meeting. Councilmember Fox motioned to remove the discussion from table, seconded by Councilmember Leifeld. 6 Ayes, 0 Nays. Council discussion on who pulls permits and if they are transferrable from a company to a homeowner. Hinzman said this was an uncommon occurrence. Vaughan recommended the resolution state that as long as the safety cover is in place, the fence is permittable. Vaughan commented on the process failures with this situation. Leifeld agreed with Councilmember Vaughan’s statements and recommended review of the wording in Ordinance. Councilmember Braucks questioned how we would avoid this situation in the future, and if updating the process for permitting is feasible. Hinzman responded that the fence handout could be clearer as to what is allowable versus not allowable. Braucks asked how can we improve clarity for the future by revisiting Ordinance and updating materials. Hinzman stated that what ended up being constructed by the applicant was not constructed in a manner in which the permit was approved. Hinzman commented on how over time, safety covers can age and pose safety hazards. Wietecha commented on the specifics from Ordinance that are included in the fence brochure. Wietecha indicated that a pool cover is not currently included in Ordinance as an exception and clarified the issue at hand, which is the fence being climbable. Councilmember Folch asked if this item can be brought to a Council Committee for further review and conversation. Folch shared thoughts on previous items brought to Council where language in Ordinance could have been clearer. Councilmember Fox shared the difficulty this decision brings. Fox shared their experience with similarly constructed fences within their business and seeing that they are climbable. Leifeld shared their appreciation for the conversation between Councilmembers.Folch asked for clarification on other permits that have been approved in the past that did not meet Ordinance and asked about any liability to the City in overturning the staff decision. Land indicated that it is difficult to predict and may depend on a defensible Council decision. Fasbender pointed out the general agreement of the fence being deemed climbable. Fasbender asked 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 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 if there is a way to allow this because the pool cover is in place. Land shared different perspectives to this situation and what direction would need to be taken moving forward. Leifeld asked what the City is hoping to accomplish with Ordinance. Hinzman clarified that this Ordinance is related to pool fences specifically and that Ordinance is in place for protective issue. Hinzman reviewed the provisions specifically related to pool fences. Leifeld commented on the complexity of the issue and agreed with Councilmember Vaughan and suggested the Ordinance go to Council Committee immediately. Folch shared there are many different kinds of chain link materials and expressed support of staff decision. Braucks agreed that precedence is not a reason to continue improper decisions. Councilmember Fox motioned to approve as presented, seconded by Councilmember Braucks. Ayes 4; Nays 2 (Leifeld, Vaughan). Motion prevails in support of staff decision. Appoint HEDRA Commissioner This item was moved from Consent by request of Councilmember Folch. Hinzman provided an overview of HEDRA interview committee recommendation of Mr. Anderson. Council discussion on the strength of the candidate for a member of HEDRA. Folch shared their perspective of the interview process previously with Mr. Anderson. Folch shared their concern for the lack of information available on the application form and how it may put applicants at a disadvantage in demonstrating how well qualified they may be for a commission. Folch asked that the application and the process be reviewed. Vaughan shared the importance of all commissions across City government. Vaughan shared that the application is one step in the overall process, applicants are also interviewed so they have the opportunity to share more information. Vaughan shared that the City could do better at how we use our commissions. Braucks stated that questions or concerns about a process may not need to be addressed at a public meeting. Folch clarified the reasoning for wanting to discuss this item. Councilmember Folch motioned to approve Mr. Anderson for HEDRA appointment effective June 8, 2022, seconded by Councilmember Vaughan. 6 Ayes, 0 Nays Request from Councilmember Councilmember Leifeld requested that a topic for discussion on an upcoming agenda be to consider amending the Friday night street closure permit to allow liquor. Announcements • On Tuesday, June 7, Join us for the Summer Kick-Off to our 2022 Levee Park Events–live music, Bollywood dance, inflatables, face painting, caricature artist, balloon artist, and more. All ages are welcome to this free event. • Makers Alleyway Market will be between Sibley and Ramsey Streets on Thursday, June 9 and 16. Support area makers and artisans within our historic downtown and riverfront park by shopping at the markets. • Summer Programs at Levee Park… o Thursday, June 9, Music in the Park with “Divas Through the Decades.” Supported by the Ruth and George Doffing Charitable Fund. o Wednesday, June 15, Storytime in the Park is “Rhymes.” A partnership with Pleasant Hill Library. o Thursday, June 16, Music in the Park with “The Lonesome Losers.” Supported by the Ruth and George Doffing Charitable Fund. 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 Meetings • HEDRA Meeting on Tuesday June 7, 2022 at 7:00 AM • Arts Task Force Meeting on Wednesday June 8, 2022 at 6:00 PM • Planning Commission Meeting on Monday June 13, 2022 at 7:00 PM • Parks and Recreation Commission Meeting on Tuesday June 14, 2022 at 7:00 PM • Public Safety Advisory Commission Meeting on Thursday June 16, 2022 at 6:30 PM • City Council Workshop on Monday June 20, 2022 at 5:30 PM • City Council Regular Meeting on Monday June 20, 2022 at 7:00 PM Councilmember Braucks motioned to adjourn the meeting at 8:16 PM, seconded by Councilmember Leifeld. Ayes 6; Nays 0. ____________________________ ______________________________ Kelly Murtaugh, City Clerk Mary D. Fasbender, Mayor