Based on the context provided and the dialogue within the transcript, here is the formatted version with speaker names. Please note: The names of the City Council members in the transcript (Folch, Lund, Vaughn, Brax, Balsanek) differ from the list provided. This transcript is from May 2020, and the provided list appears to be for a different council term. I have used the names as they were addressed during the meeting. *** [0:00] **Dan Wietecha (City Administrator):** to Minnesota Statutes chapter 12 and other laws further attendees attendance of the meeting by any member of the City Council city staff or the public at the regular meeting location in the City Council Chambers is not feasible due to the Cova 19 pandemic and closure of City Hall two members of the public as a result of foregoing the special city council meeting will be conducted solely by telephone their electronic means as provided in Minnesota statute 13 D point 0 to 1 and no in-person meeting will be conducted in city council chambers I think it is important to recognize that using a video conference and as good as [0:49] **Mayor Mary Fasbender:** in-person meeting but it is necessary under the circumstances we are doing the best we can to maintain team transparency and due process I would appreciate everyone's patience and cooperation as we work through the meeting if we would stand for the Pledge of Allegiance I pledge of allegiance [1:36] **Dan Wietecha:** thank you see that this meeting is being held remotely when I call your name please indicate your presence councilmember ball sonic [Balsanek] verb rocks [Brax] once a member of Folch here called some ever light fell [Leifeld] here councilmember London [Lund] here councilmember vine [Vaughn] here let the roll reflect all council members are present and a quorum has been established established today we have a presentation from Commissioner Mike Slovak [Slavic] Mike there he is welcome Mike [2:41] **Mayor Mary Fasbender:** like [2:58] **Mike Slavic (Dakota County Commissioner):** hello guys how are you can you hear me we can't hear you my thank you thank you of course this was the time when my my video went down so well thank you very much mayor councilmembers just appreciate a a couple brief moments for you it's not my typical twice a year update but I thought since uh with these times here and I was actually on the Farmington City Council meeting at your previous council and I had a few people texting me saying that I you you were talking about me so and the county so I figured this would be a good opportunity just for a few things that I can share as well as anything that you may have I'll certainly be available for questions or answers with that so I thought I would just start by a little bit of what's what what Cova 19 is looking like in Dakota County as you're all aware Dakota County is also the local public health board so in addition to in addition to all of the things that has local government units that we've had to deal with we really have a strong focus on the public health side of things so I thought I would just share a little bit of what is happened taken early in the last two weeks so it was two weeks ago today Monday we had a 215 positive cases in Dakota County and 11 deaths now today we have 802 cases and 23 deaths though we've almost quadrupled the number of positive cases in the last two weeks and we've doubled the number of deaths a couple of reasons why that is the case one we have seen a substantial increase in intesting and that it will statewide and across the country as the tests to become more readily available you are going to see more positive tests with that so the other aspect to put in there is for so long so many individuals we're not who wanted a test or more than likely have the symptoms of a test we're not able to have a test that is continuing but not at that same level and then a third point that I think is a important make note of is that we as of today have eight long-term care facilities that have had at least one positive case of an employee or resident so I'm I can report positively that the claw in Dakota County there are no long-term care facilities in Hastings that have a positive case however just to give a story of an example of what happened within the last two weeks we had one of our facilities up in West st. Paul that reported one positive case which then became 10 which ultimately was 62 residents within a one of the long-term care facilities tested positive and as a result of that the state of Minnesota came on to that and I has tested every single resident and every single employee and they're still determining trying to trace where exactly it came from there were only a handful of employees that tested positive the those 62 residents they've been able to isolate them and as we know that it's a a lot of our deaths in the state of Minnesota have been from long term care so that's really a emphasis of both public health and the state health department's though just wanted to share what's been doing on that when this first began even back in January public health was meeting every single day over there now to a point where the operations emergency operations of Public Health are meeting on about an every other day basis though but what is going on with with a what kind of the numbers Dakota County specific wanna discuss which I think was what was actually brought up at the council meeting on May 4th and that is regards to the property taxes as your are well aware the Dakota County Board did go in and waive late fees for property taxes which were due last Friday May 15 and I'm happy to report that though we've been able to do that and that has had a substantial benefit to those particularly those businesses and residents who were struggling most as of today which is the numbers that go through anything that was received in the mail by Friday and from what I've been told today's mail which anything has to be postmarked by the 15th but today's mail was a staff about that big of property taxes that happened that aren't with these numbers here but countywide the number of the dollar amount that has been collected countywide for Dakota County purposes is 89% and that matches exactly with what the city of Hastings is that we were at a lower number on Friday when I reported reported to Mayor Fassbender and john huntsman at the chamber meeting but we have just just between Thursday and Friday well six hundred plus thousand dollars came in for for the city of Hastings alone so to give perspective once again as of Friday 89% of the dollars are in for city of Hastings to go to County and just over 90 percent of the overall first cap are in by for the school district make note of that is when the county board made this decision they did not take it lightly 22 once again you know support our business community and our residents who are struggling but also our cities and our schools and our townships so one of the things that we did is we moved up and aggressively moved up a number of the payments to our cities and our schools so the first payment coming on the 27th of May 7th of May would typically be only a certain percentage of the amount collected and then basically the money the final payment for any monies that was collected on May 15th would come the first week of July typically in a normal year for the first half taxes this year hundred percent of what we collect that number I'm giving you 100 percent is going to be coming out the door immediately at that point and also I should share that that's the first thing but we also have a number of others times in there so if somebody pays late but doesn't paid pays faster or we're starting to see as a Friday call saying I didn't make my payment but could I make a partial payment we intend to continue to get the monies to the cities and schools faster than what the state does we have to so the states that's a minimum we plan on actually putting as much as we can we have in there the second factor in there is that the anybody who paid full first and second half taxes we do have a large business that went in roll the check and paid their entire year Burtie taxes and in most cases you would only receive the first half of that and then the county would actually hold on to that second half but the other thing the County Board did is they are sending 100 percent of flexions that would come in first and second now with that so maybe that's a no there were questions before maybe I can pause for questions on one of those two items person that I think I have one or two more after that madam mayor [9:51] **Mayor Mary Fasbender:** thank you Mike council any questions for him at this point okay thank you [10:14] **Mike Slavic:** thank you your honor I'm Mike Trevor he had asked a really good question during our last council meeting and was there any difference between for the property taxes that are coming in between are you seeing a difference between the commercial versus the residential property taxes that are coming in where one is lower than the other [10:37] **Councilmember Folch:** oh thank you councilmember Fulton and Mayor Fassbender so yes the answer that is yes because one of the we did do a couple exemptions that were not able to pay their taxes late anybody who was escrowed must have had their taxes paid by the 15th of May also any railroad property and any utility property I had to pay by pay on time so just by by that sense and they're about 42 percent of the overall tax base was estriol most of that was residential and generally speaking about 70 plus percent of our residential properties in the city of Hastings are escrow so for that reason not that was the case but even still with those things some of those retirees who paid off their hold my head of time those numbers our residential rate was substantive in front of me but from what I'm been hearing and reported generally speaking residential has been almost as if as if nothing has been going on at all almost all of the late late payments have been just a sign of things and you know from what I've understood even business that you'd be surprised I won't name them but some of your larger businesses that are sit back have an empty box in the city of Hastings they've paid their taxes so you're seeing you're seeing many of the individuals for on the commercial business side who are pain we're anticipating about maybe five percent who will collecting about ninety-five percent on time because what we're anticipating with that is that keep in mind you you started saving up for your property taxes for a first half you know sometime between last October and May and if your business was closed your business closed in March your business thing closed in October November December so for some many of the businesses that have come to us have said I have some of the money or I have all of the money but we were one of the few counties that went and said originally everypony had said we don't want partial payments because of the administrative hassles with that but we were able to figure out a way and now we're taking partial payments as well so people they have some of the cash on hand they can pay that way so but but to answer that most of our most of our late payments that we're seeing are coming from the commercial side a larger look [12:56] **Councilmember Folch:** thank you and during one of the Friday business calls you had said something to the effect that the county staff were kind of anticipating for the year a possible reduction in property taxes and I want to say I don't know if any of it was like five to twenty percent or 25 percent and so I was just wondering if you could talk a little bit more about what the county staff are doing to prepare for contingency planning purposes and regards to that [13:43] **Mike Slavic:** sure and the point that I was saying on that one was we were figuring that the dot pain on time was gonna be somewhere between five and twenty five percent of the overall property taxes and today I'm here to tell you that that the number is closer to the 5.25 thank goodness for all all cities and schools and and the county itself on that one so so that's where we're at on that the other part is that this is not a waiver of any late fees or a reduction this is so if you would not be able to make your taxes on the 16th of July you're you going to have to pay the full so there's not a there this is basically an extension for two months following both income taxes at the state and federal level but there is no a waiver on July 16th and there is no intent to be one what I think that I might have this conversation may have had some up saying you do have have some concern that the main property taxes were kind of the easy one and think of some of the businesses to pay on how long closures happen and business does that go under the October payment might be more of the aspect in there so one of the which I talked about an hour if there's no other property tax questions some of my next points were a little bit of our partnership with the state of Minnesota and the federal government on on other funds we've that we're kind of working on and nothing did happen yesterday at the Capitol but I still think that monies will come to cities and counties so there other questions related property taxes or open 19 any Mike great thing if I continue continue mayor [15:14] **Mayor Mary Fasbender:** sure absolutely [15:14] **Mike Slavic:** and that is just that there is so kind of going on to what our budget I know you just came from a budget workshop and and we're working on one now as we're starting our budget process the phonee I'll just kind of share a little bit of what's happening you know we had a pretty robust transportation plan this year we our bids are coming in on average about 15% under budget we've as you know with without having debt we cash flow all of our transportation projects bumpy but we're fortunate that that we had what we were actually planning to spend are coming in significantly less so that's been a very positive using that pot we're using less of that money only one of our projects has come in above but everything else has been able to go under that I don't know if you're seeing a lot of the city of the Vince or not coming in lower but that's been kind of one of our positive so we're very much watching what projects we do we've been able to keep right now about 82% of our staff as of last week or working from home still but as you may be aware that we have just started to bring some of our staff back into back into the county buildings by you know by men only in-person meetings so I thinks for example a marriage certificate or eventually some licensing in that you would actually call a numbers set up a time ring a doorbell and you would be coming in we are requiring all individuals to wear masks when they come in we will provide one if you don't have one but that is the process for county services we're also looking at what ways we're gonna be you know the budget I think for all of us are going to be much different this year so we're working on that and seeing where we would potentially spend I don't expect you're gonna see employees go up and things of that sort so that's kind of where we are in some of our preparation for the 2021 budget with that the second thing I wanted to make point was have there is 667 million dollars of funding that was federal dollars that would go to local governments both the cities and counties and I know the legislature has been trying to figure out a way to work work something they were not able to come to an agreement and there is some belief that the administration may have some leeway and actually dispersing some of those dollars I think we really would have loved to see the legislature figure out something because it probably would be more to our advantage if it would be that amount in there the administration doesn't have to give all of those dollars in there but that will by federal dollars go to any of those costs that we've incurred as both cities and county that so we're continuing to working with that we've been on a number of delegation calls with with both senator Smith and we've done our kovash our staff as well as congressman Craig and in our state delegation working to try to make sure that these we can show what these dollars are we're roughly as a Dakota County the concent would be eligible somewhere in that 15 to 20 million dollars not including loss of revenue with ovid dollars for us is what we have as eligible expenses and so let's continue to be what we're working on as just look what goes in there we do believe there will be dollars that will be coming we just don't know what they'll look it's a little more of the other part of your question councilmember bulge that's all I have for you unless there were other questions [18:17] **Mayor Mary Fasbender:** thanks Mike for the update council any questions or Commissioner Slavic seeing none alright thank you very much for your time thanks Mike stay well [18:41] **Mike Slavic:** thanks Mike thank you [19:03] **Mayor Mary Fasbender:** okay council members are there any corrections to the minutes from the regular meeting may 4th seeing none they are approved comments from the audience at this time for public comments we have options for comments to be mailed prior to the meeting as well as interpretive feature during the meeting for the email comments they have been forward to the City Council members and their receipt is acknowledged please recognize that items not on the agenda will not be discussed this evening we asked the attendees use the raise hand feature and they will be invited to speak one at a time I also want to remind everyone for the public comment period is not intended for any extended dialogue is there anyone here who would like to address the council okay I see none so council items to be considered council members are there any items to be considered [20:34] **Councilmember Folch:** your honor council member Folch thank you your honor I was wondering if I could please request aye quick items just to bring up the first was something that comes member bosonic had brought up in her at the very end of our last conversation but I thought it was worthy of further conversation and that was about City communications and and just to further that discussion I thought he brought up a very good point and we just ran out of time okay and then the second thing I wanted to ask about was in regards to kovaydin 18 and that's in regards to testing our first responders to ensure that they're able to stay healthy [21:22] **Mayor Mary Fasbender:** okay I'll add both of those under administration thank you ma'am okay I would accept a motion to approve the consent agenda [21:40] **Councilmember Vaughn:** onca member Vaughn can I pull number four please from the consent agenda item number 4 [21:49] **Mayor Mary Fasbender:** and that - I'll put under administration that being removed to console need a motion to approve the consent agenda [22:08] **Councilmember Brax:** councilmember brackets first motion [22:08] **Councilmember Vaughn:** a second councilmember bonds second [22:08] **Dan Wietecha:** I click flatten would you please call the roll Julie's not here so okay yes remember folks council member bosonic yes don't remember length oh yes councilmember lund yes don't remember Bronx yes mayor Fassbender yes yes is unanimous Russian prevails [22:56] **Mayor Mary Fasbender:** may we have a resolution award contract for 2020 buddy infrastructure improvements this item tonight will be introduced by public works director Nick Egger Nick welcome [23:09] **Nick Egger (Public Works Director):** thanks mayor good evening council members as you see in the packet we do have a recommendation to consider a resolution to award this contract for the 2020 neighborhood infrastructure improvements we did have four bids come in on this about three weeks ago April 22nd I guess it's closer to four weeks ago now and pretty good competition lowest bid coming in yeah just shy had 3.6 million dollars on the base bid with another 36 thousand on the bid alternate that was in there that's for a small scale project to do some curbing in the levee park area the the total bid is about 13 percent below what our construction cost estimate was or a half million dollars roughly and we feel that that's a pretty good price on this big of a project for this year one thing that we do and we have done historically for the last 15 or so years is run bidders through low bidder through a post qualification review process they're required to submit a variety of background documents that speak to their ability and wherewithal to do the work their their work history some references and those sorts of things and we we take that through a process and and then the bidder is assigned scores for various categories that they have to meet and in this case where they want excavating a little bit er they did meet the minimum score with you need a 10-point score and they had a 13 we had a very relevant experience that fit into that since a 1 had our big project last year so that was directly applicable to that review that experience was a positive one so with the competitive bid staff would recommend moving forward on this I did want to take a few minutes to talk a little bit about just financial types of concerns we know that from some previous discussions and comments of council over the last few weeks at warning a big project contract and having the assessments tied into that also move forward might present some concern as relates to property owners ability to pay for those so what I've done in the in the memo is lay out scenarios for consideration and keep in mind staff is coming at this really with only a couple that we see is as ones that we could stand behind and recommend so the initial option is to award as presented perform a construction work this year and also move forward and assessment hearing and adopt the assessments in 2020 what this does is set a schedule for the assessments becoming effective later this year this is the standard practice that we have done you're in and year out what we have with that is the assessments we would be adopted at some point in the next few months and then they become due this fall and and folks are able to pay a part of that or all of that before November 30th without interest or any fees and then whatever remainder there might be after that date is pushed to the property tax statement and has put on a ten-year repayment schedule that begins in May of 2021 so under that scenario if someone did nothing and didn't make any payments they could wait until virtually a year from now and then they would begin making the first of ten annual installments and they are free to pay off any time within that ten year period but it allows for up to ten years the second scenario is similar to first but it may offer a little bit more comfort in the amount of time people are given before that first payment would be come dude this is to still move forward and award the contract here to hold off and do the assessment hearing and adopt the assessments in 2021 looking at this we we have consulted with our bond council financial consultant and they they have assured us that we can go through with that sort of process and we would end up getting a similar to same rate that we would if we adopted assessments in 2020 so what I've done see a little bit further on in that memo as I have laid out I described a moment ago as well as this scenario and you'll see from those tables that the overall payment schedule and the bottom line cost for someone with an average assessment of $4,500 essentially has the same bottom line cost at the end of the day and they the main difference being in the second scenario uh none of the payments would be expected to to come forward until 2022 at at the latest that's the latest that they could begin so people quite a bit more time another full year for any repayment would be expected I will note that in doing the second process and waiting to adopt assessments in 2021 but doing construction this year point out that in the past we we did have a process similar to that and we tended to hear a lot of commentary at public hearing for the assessments that tried to correlate this individual experience that they might have had during the construction project and justifying that with adjustments to their their individual assessments so it's just something to be aware of in terms of the dynamic that you see behold the assessment hearing after the project is over with the third and fourth options staff has in there just to make sure that you're fully informed on this but neither of which are things that we're recommending first one of those two is to postpone construction for this you're not award a contract tonight not do any assessments of course and put the whole thing off until 2021 as I mentioned earlier we feel we've got a pretty darn good price here with this bid that we have in hand in that scenario we would have to the whole project do the whole process all over again in 2021 a lot of uncertainty about well will construction prices hold there be as competitive or better we don't know we also don't know what interest rates there would be if things were to hold off until 2021 also add that 15th Street the anchor Street in this overall project something that many in the community have been waiting for quite some time I don't think I have to sell any one of you on the fact that it's in very rough shape and has been for the better part of my career here and that goes back 18 years so we've needed to do something substantial with it for quite a while and Ferg off another year does mean that we would have additional maintenance efforts to hold it together through the next year so I put that there for informational purposes but I don't recommend it the last thing that you'll see in the memo regarding an option would be to well we explored as staff could we extend the repayment time limit for assessments from something in ten years is standard to something like fifteen years we did explore that and it can be done however staff in in determining the overall cost for an only the individual property owner or resident the city as a whole does go up we have a longer repayment and the interest rate is applicable throughout that term therefore at the end of the day you are continuing to pay interest up to the end of that loan it's in essence so for instance with an average forty five hundred dollar assessment of bone for a property owner they would end up paying about five hundred dollars more in the long run to do things in that way so again the all things considered under that type of scenario we are not recommending it due to the downside one thing that I want to reiterate that we have talked about and bring up that in every single year that we do these reconstruction projects as we do continue to have assessment abatement program this the Dakota County CDA and CDBG funds this year will have about seventy one thousand dollars available to contribute towards that for low and moderate income households so I just want to make sure that that that's also out there and in consideration so I'll stand for questions here but staff is recommending to move forward and award the contract tonight I think really what the the motion that staff would seek under that measure would be declare or award the contract but also indicate peer counsel would take up the question of adopting the assessments that's what I've included in the resolution that's at the end of that memo so I can turn it back to you man a spender and I'll stand for questions on this one [33:52] **Mayor Mary Fasbender:** great thanks Nick councilmember London [Lund] [34:43] **Councilmember Lund:** Thank You Nick I think it's it's important to point out the options that are presented to us because this is different than what we're normally looking at when we're making this decision normally it's here are the bid results and and here's the project but I appreciate that you heard us loud and clear last time or a few times ago that there was some concern at least on my part about putting the burden of assessment fees on top of residents when some of them may be very well in a different financial situation than they thought they were going to be and and and so having these options I think easier to be able to move forward with with a very important infrastructure project there are some favorable things right now as you mentioned interest rates the competitive bid those are some things that we definitely don't want to disregard and those those could be something that we actually want to take advantage of for for the immediate timeframe because we don't know if it's going to be there in 2021 or beyond we are a decade behind roughly you know that's Collins member of all Sonics a number of years he puts on that as far as where we are for road improvement projects and so we want to make sure that we're still forging ahead if we can I think the the second option that he presented to us allows us to forward with the project but it it alleviates the immediate cash flow concerns that may exist right now with people that maybe have lesser than with less income than they coming in than they maybe normally would in the next year and years to come the other thing that I do want to point out though is the 15 years I know that that was one that was brought up as the option last meeting I believe and although you're not encouraging that I think I think it would be nice to look at that as well because and correct and this is where this this is where I'd like you to correct me if I'm wrong Nick but they are able to pay that down sooner right so they can take on the 15-year and let's say they pay the 15 year rate for two years and then they can effectively convert it to a ten year or less if they want to pay it out faster correct so that interest rate or that interest that's accumulating that you that you're you're mentioning that five hundred dollars on a forty five hundred dollar loan may not be quite as much in the long run what I'm bringing this up is that that gives people an option to choose what path is best for them and and because we may not be out of the thick of things in 2021 either so just any way to minimize that that monthly payment for that that payment would be would probably be well received so is this something that you can pay down without any penalties or anything like that [37:55] **Nick Egger:** thanks council member you are correct if we were to do a longer term on the assessment somebody does have the option of paying theirs off sooner than that full term for anybody who would just go about it in a way that they're making the minimum payment in other words and doing the annual install and only each every year to the end that is the case where it would end up costing them more in the long run but but your your assumption is correct there that would be flexibility for somebody to pay it off at their own pace within the 15 year time frame I may lean on Melanie a little bit to help me describe our detail what that impact is for the city you know the bigger picture just to make sure that we cover that [38:41] **Melanie (City Staff/Finance):** yes if I may interject the reason that we looked away from the 15 years is because the cost for the overall project it was about it was getting close to half a million dollars higher than for a ten-year project so it's you know half a million dollars is a lot of money and it's a lot of work that we can do in the future so that was why staff chose the tenure and and not did not ring for the 15-year yeah any other comments [39:26] **Councilmember Folch:** council member felishj [Folch] thank you your honor Nick I had a question so when I took 71 thousand dollars and I divided up on average by the $4,500 that came out to like 15 homes our property owners would be eligible to use that funding you know like that would be the the most and so I was wondering could you please tell me how many houses in total are there that are being affected by the assessment [40:12] **Nick Egger:** thanks councilmember full Jay I did look at that the other day I think we're on the order of about a hundred and fifteen single family households in the project more or less there are a number of business properties and there are also some multifamily or ones there rental properties that wouldn't fall into the eligible category to even apply for that program it is for owner occupied homesteads that are her low and moderate-income [40:51] **Councilmember Folch:** I'm sorry what was that total number again Nick [40:58] **Nick Egger:** 122 December property needs yeah about 115 115 okay yeah there are a hundred and fifty roughly 150 total properties in the project this year and 115 approximately is the number of single-family owner-occupied [41:45] **Councilmember Folch:** so I asked that question because the number that were looking at right now for the unemployed with in Dakota County is 20% of the population and so 20% of the what did you say 115 I punched in my calculator really quick it turns out to be 23 homes that would be impacted directly of that total amount 23 would actually be the theoretical percentage of homes that they're you don't have an income and so is there any way that we can add funds to that $71,000 I know that you said that it was County CDA money [42:30] **Nick Egger:** it's it's federal money that is in the form of Community Development Block Grants and Dakota County Community Development Agency is the administrator of that program so they the city applies for the program and the funds on an annual basis and we we make recommendations as to how that's assigned within the the various pots that the the program has available assessment of payments kind of been the lion's share of that historically but there are a couple of other things in there too for development related activities and in this case for this year that was the maximum amount that we were able to to garner from that program the seventy one thousand seventy one thousand is the total amount that you're receiving for that program or did I hear you say that there's a larger pool where there's some of the money is going to other projects in Hastings for Community Development yeah I might look to John Hinzman for a little bit of assistance on what the other is have in them or if there's anything in there for the other programs John are you able to to assist there [43:17] **John Hinzman (Community Development Director):** yeah I'm not aware of much of anything that's in other pots at this point I believe the lion's share of what we have is is dedicated towards assessment of Bateman at this point annual the annual amount of money we get from that program is roughly right around $70,000 [44:02] **Councilmember Folch:** what I'm hearing you say is that you there's no more of that federal grant money that would be available to allocate towards this would there be any other funds that we could shift to help cover the what I'm afraid of is that you're gonna have more need than you have available funds and then it'll all be gone and so I am I am I'm just gonna straight honest I'm super super uneasy with residents to take on in an assessment when we know that a considerable amount of the population is currently unemployed and that is probably gonna get worse before it gets better and so I and easy with that and I want to make sure that we have enough of a safety net to be able to catch the residents that that may already be an economic harm this way and that this would be just just a further kicked additions to to ask them to take this on I mean in all honesty I don't I'm really afraid of the impacts that this could have to individual households [44:50] **Councilmember Lund:** council member London I agree with councilmember faults in the concern about what the impact of assessments can have on households especially with uncertainty around what what the unemployment landscape actually looks like necessarily agree with your math I know you're just kind of throwing some numbers out there obviously not a hundred percent of people that are unemployed are single family home owners either so one of the one of the points you bring up though is is how can we effectively increase that that that safety net so I'll ask this of Nick or Melanie or whomever might be able to answer the question if if we go with option two where that's twenty twenty one assessment that means that they would have to start paying at the end of twenty twenty-one is that correct [46:21] **Nick Egger:** that is they have the option to pay some or all of their assessment before November thirtieth twenty twenty-one if the assessments were levied in Twenty twenty one twenty one okay choose not to do that then it's mandatory that they're on the installment repayment plan that begins in the spring of twenty twenty to twenty twenty two so there's quite a distance between construction commencing and when these payments are gonna have to start flowing out so that is good the other thing is I don't believe it's all or nothing on these these assessment abatement funds right it's it's it could be that I I owe that forty five hundred dollar figure but I qualify for two thousand dollars so it could stretch out further than what your math proved out to adequately fill the need and then the other thing is that can this is a question can we add the assessment abatement monies from two years together since we're looking to move this one you know effectively out then that would that would make that a hundred and forty thousand dollars roughly [47:58] **Nick Egger:** the to the second question as yes we we would apply for this program again in 2021 to request additional dollars towards the assessment abatement program that as far as the CDA sees it those are not pinned to a specific project they're they're pinned to the process so we would have whatever we might this year's allotment and whatever we might get next year in totality to put towards that the the first question I believe you asked about the some flexibility essentially in how much abatement would be offered to any particular property owner is that yeah question okay it's not a whole bill it could be part yeah the the program and the federal law that governs it does mandate that anybody who qualifies as a low-income household has their entire assessment abated anybody who is a moderate income household the city has the discretion to do from zero to a hundred percent abatement for those properties so historically the city's always been able to offer something to moderate income households there has been quite a range on that I think last I can recall as a percentage basis might have been about 15% abatement and we have also in turn been able to offer 100% abasement it all depends on what would be left in the pot after the the low-income qualifiers were recovered [48:44] **Councilmember Balsanek:** so member bosonic thank you your honor we could take a look at Berkeley what's going on the the best example is there again the Greek session back in oh eight nine ten and everything worked out there there were very few very few and again I I don't know who's got the figures on this and Nick if you have anything Melanie you weren't here time but we had that that 2008 project was a huge project it covered Spring Street it covered 7th Street 8th Street 9th Street 10th Street on the east and west side of Vermillion it covered Ramsey I believe and I think Sibley as well it was a huge project it was one of the biggest that we had ever done and we did it in the middle of that recession we came out of it ok property owners did lots of things happen in 10 years you know we we did come out of the recession some people sold their houses you know that when you sell a house you've got to pay off your assessments hopefully you do that with the profit you made off of the house and so on and so forth the escrows were automatically collected by the mortgage companies to you know to the extent that they were required and like I say it all worked out ok and we had another project in you know nine that was just about as big and keep in mind that at that time we were building the new bridge from oh nine to was a 13 or 12 or there abouts there was all kind of activity going on with regard to bonding and assessments and street improvements and mill and overlay and what-have-you and we did okay now you know word I don't know for where I don't want to say I had a line but I'm looking at Nick you pointed out here in the resolution as the city will consider adoption of special assessments in blank with a year with a blank year assessment repayment schedule for property owners who choose Tesla to be placed on the county property tax statement so we don't have to decide any of this tonight right or do we [52:55] **Nick Egger:** that council member a I this is what staffs recommending as a measure just to I think the scheduling motion for when that assessment hearing would take place I I suppose there would be X ability on that the second part of that question there that you're referencing as to the length of the term they correct me if I'm wrong Melanie or Dan as to when you may need an answer you know as it relates to bonding and the the term of repayment if that's a critical piece right here and now you could have Melanie give an answer or is that a rhetorical question I think I am looking for some help councilmember okay on that piece [53:41] **Melanie:** Melanie do you have anything that you could assist us with you know the term that we were bonding for well before we but that process would start and used immediately after this meeting because it takes two to three months to go through the process times four five receive no money wait so I would be preferable need attorney I did look up last year's abatement program just for reference last year the project impacted a total of 296 properties the vast majority were single-family owner-occupied we had 29 applicants and between 29 we awarded 111 thousand seven hundred and ten seventy so we have less than half that number we have somebody new one thousand dollars so we would have to have a much higher percentage qualify in 2020 we have last year [54:26] **Councilmember Balsanek:** let me ask you if we make a decision tonight ten years or fifteen years or whatever is this something we can go back and look at again and adjust or are we once we make a decision tonight that's it [55:15] **Melanie:** there's a little bit of flexibility with the special assessments we kind of talked about that at the last meeting there's not a ton but as far as adjusting amounts and taking a look at it we could do that would be council's wish as far as the the debt the ten-year structure that would be permanent that wouldn't change [56:05] **Councilmember Balsanek:** well I'm in favor of the ten-year you know that's that's my take on the whole thing and somewhere down the line if we need to we've got visions for a little bit of wiggle room that playing - OH and that we passed the resolution receiving bids boarding the contract for project twenty twenty twenty one twenty neighborhood infrastructure improvements yeah a ten-year rate of assessments as a maximum Q consumer bosonic [Balsanek] okay [56:54] **Councilmember Lund:** second by Trevor [Lund] one Oh discussion I have a question are you better second at first I don't know what I'm kidding are you are you well ii ii it and then discuss it i mean we can have more just get some yeah you can always vote it down once we get a second [57:34] **Councilmember Vaughn:** member bond will second it [57:39] **Councilmember Lund:** council discussion councilmember London thank your honor I wasn't quite clear on what the motion was oh if I'm understanding correctly councilmember ball sonic just wants the 10-year period but I'm not sure when if he wants to defer the the assessments to 2021 or not clarification [58:27] **Dan Wietecha:** well what I'm doing is I'm going off of the hard copy here the way the Lucien was put together by Public Works what I was doing was reading what was on the resolution mayor if you'd like project perhaps I believe the intent of Public Works with the blank that's noted at line three in the resolution was to give the council the opportunity to specify either the assessments would be adopted in 20 20 or they would be adopted in 2021 so I think if somehow we can get one of those choices into the motion through an amendment that would be appropriate okay thank you I just assumed by looking at the the heading a solution this is a show one Roman numeral and a show one that's what that that that was that was assumed what I would like is for it to be 2021 that we go ahead and and start the assessments in 21 in other words the delay the delay of a year okay [59:15] **Councilmember Brax:** councilmember Brice [Brax] my question is how much additional money will it cost us to different the assessments another year for the proposal that comes member balsamic is making there's a motion I assume that if we push out assessments that will cost the city additional money and I'm just wondering if there's any way we can ballpark where that additional cost might be and for that for Laurie [1:00:01] **Melanie:** I don't have that calculated but what it ends what ends up happening is it's more of a cash flow thing through finance so I can get a hard figure for you but it's I don't think it will be significant felony and I guess my concern with pushing out the amount to 2021 I understand that people do need a relief but my concern is a lot of large employers of which I have one have no understanding of how this financial was going on and I was going to affect their budget for the coming year and for example my employer they tend to lay people off in the fall in the winter and so I would expect that some of the those type of employers aren't even going to make a move with people's jobs maybe necessarily until that time so my concern is yes we do have a very we have a number of people here who are going to have different financial situations but by pushing it out I don't know that that's going to make some people some people's financial situation maybe get better some people's financial situation may get worse I don't know that it's really going to accomplish what we're trying to accomplish but I like the idea of giving people options I guess my proposal is and I guess vote on this motion I would probably vote not to push out the assessments in 2021 because I just think that we have too many things that we don't know yet about what the future looks like and I don't know that it's going to give that much more time and financial resources to people to come up with this money for their assessments I think we're guessing but I don't know that we have any facts to back up that that assumption [1:01:58] **Councilmember Lund:** discussion and come so wherever you're unmuted do does that mean you want to speak well somebody put some dates in those two blanks Nick or Melanie put some dates in there well I could [1:02:40] **Dan Wietecha:** I think two attorney flagels point that there there needs to be a motion to amend the initial motion to help motion Joe in filling in those numbers those two blanks is that accurate agree okay are you looking for a year month in a year or a year is sufficient a year would suffice yeah that would be either twenty twenty or twenty twenty-one I think are the options unmute I'd like to make an amendment to the motion of an assessment pushed out to 2021 with a ten year assessment repayment schedule and I'll second that [1:03:45] **Councilmember Lund:** councilmember London thank your honor I appreciate council member Roxas [Brax] comments I'm not sure what the intent there is if it's your the mindset to not do this at all or or just forward forward in the 2020 instead but I think you know if if we recognize that this project has been long in the in the in the waiting and long in the tooth as well and it's it's it needs repair we do have uncertainty we don't know but we do know that there are people in financial difficult situation financially difficult situations right now that it will be ongoing for a while at least and pushing it out a year at least would hopefully minimize the impact on what we do know so I understand your point but we have to make decisions based on what minimal information we actually have so if you support this project going forward in the next year because it's needed then pushing the assessment out a year it does at least help some people [1:05:17] **Councilmember Brax:** practice [Brax] the purpose of my comments was to say I do support the project I think we need to get it done it is a project that needs to be done it's very rough and we need to start on 15th Street and we need to start getting this accomplished but I guess my concern is just that deferring it out you know until people start paying repaying and I think May 20-22 I'm just I was concerned first of all about the cost and Nani has addressed that that it's not going to be costly to wait so I guess that was my primary concern if it's not going to cost additional amount of money then I can support repayment of pushing it out to 2021 I guess I'm just concerned that doing that we're gonna be in the same situation we have some people in a better situation some people it works and I don't know like you how to predict that so I can support it I just I'm just concerned that's what we don't know [1:06:52] **Councilmember Leifeld:** councilmember Liefeld [Leifeld] so just to clarify member rocks [Brax] so so if somebody just because we're pushing out if somebody has the means and wants to pay it or in 2020 they can correct well for like kind of where your thoughts are is someone who's not in a financial burden or a hardship right no but could be a year from now where we can are we concerned about what would happen a year from now or I mean I I guess I don't see a bad side to this if like councilmember line if you're stating we want to make sure we're keeping our infrastructure up and taking care of the city it all means I guess we look at it as if you've got the means to pay it no absolutely feel free to do so not knowing where you'll be a year from now I'm not sure so I would definitely I would support going forward with the 2021 in that date under the special assessment options yeah there's also discussion so City Attorney can come [1:07:40] **Councilmember Folch:** summer fools [Folch] I just want thank you I just wanted to clarify so if we delay payment until the end of I'm sorry the assessment until end of next year people would actually apply for financial assistance next year it wouldn't be this year correct then so then it would be more reflective of their current financial situation in case which there's a lot of speculation that things are gonna burst and I answer that [1:08:26] **Nick Egger:** council member the the council would take up the question of adopting assessments in 2021 with the amended motion as as currently on the floor the abatement application process would take place also in 2021 in the fall and so I think to answer your question about what financial status is taken into account it would be at the time of 2021 financial status of applicants and that this is based purely on motion as it currently stands thank you Nick you're welcome [1:09:11] **Melanie:** now let me go ahead I just want to make a clarification to make sure that council is aware that the city will not accept a payment for a special assessment until the City Council adopts the special assessment that's just because it's not an official bill until you adopt so we wouldn't be able to take them until 2021 if there is no further discussion I propose that you do call a roll call vote on the motion to amend that was made by councilmember lund if that passes then I would propose there'll be another opportunity for discussion and then I vote a roll call vote on the motion as amended which would be presumably the 2021 assessment [1:09:57] **Councilmember Brax:** city administrator would yes councilmember Brice [Brax] yes sir yes the amendment passes okay then we'll take [1:10:42] **Mayor Mary Fasbender:** councilmember Brax [Brax] did you want to speak I just wondering if from if we could reread the main motion so everyone's clear on what we're voting on sure they have that the main motion as amended is adopting the resolution receiving bids and awarding contract for project 2020 - one the 2020 neighborhood infrastructure improvements in filling in the blanks that it would be a special assessment year adopted in 2021 than a ten year term any other discussion console see the administrator [1:11:29] **Dan Wietecha:** damage you are the wrong councilmember Vaughan yes councilmember ball sonic [Balsanek] yep don't remember light oh yes number one yes councilmember Bronx yes yes motion prevails okay thank you hey tonight we also have a resolution to rejecting bids for 2020 melon overlay program this nice item will also be injured introduced by Nick Egger [1:12:16] **Nick Egger:** Thank You mayor fast better yes for this one council has before the resolution rejecting the bids that were received for the mill and overlay program we did get six bids in on March 26 for this project and they were fairly tightly submitted with a little bit of just under five hundred and forty thousand dollars by bituminous roadways and taking a bigger picture look at this and in consideration of financial uncertainties city staff and a lot of deliberation on what to recommend here but we did land in a place where because this the large sum of the funding towards this project is essentially cash out of city general funds and because we have a bid bond for this project that expires in about a week we're at a point now where a decision has to be made and with that remaining uncertainty as to what the rest of this year holds for the future and and what demand that might have on general fund dollars to to make adjustments and so forth we are recommending to reject the bids and cancel the project as it sits right now it does not mean that if things were to change rapidly in the next several months or we get a stimulus program out of the federal government or something of the sort that we can't reassemble a bid package and and give it another shot to do something later in the year as long as there's construction season left to accomplish it but this place and time right now with the the financial components that go into this one we just don't see a level of comfort to be able to recommend doing it so that's kind of it in a nutshell for this one and the resolution does reflect that recommendation to reject the bids knick council discussion [1:13:47] **Councilmember Folch:** councilmember Folch thank you your honor I Nick thank you for making that recommendation and trying to do the prudent thing for the community I was wondering though you within the write up it had said that you could pull out the state aid segments which were West 15th Street and then South frontage road and put that out for a bed and so how difficult would that be how fast could you flip that and get it back up her bed and when could you receive bits back so that you could still have an and you know the remainder of that construction season to get that out I mean you could theoretically flip it in 30 days and have new bids for just those segments because that money needs that money needs to be used in this fiscal year does it not the state aid money [1:15:22] **Nick Egger:** remember several part question there I think no problem the the money does not need to be spent in this year this the funds in the state aid account do sit there until we spend them state aid does like them to be spent and that money to be put into the ground so to speak with projects and so forth but there's no mandate that year in and year out we have to spend any particular amount on your question of turning around and in separating out the only streets and doing a bid for just those it probably would be a pretty short turnaround on that we would have to still do a three-week bid period from advertisement to bid opening so there's at least three weeks probably I'm just gonna say conservatively about a two-week time frame to to repackage things at a staff level and and extract plan sheets and parts of the documents that don't pertain anymore if it were to become a state aid Street only project so pretty quick turnaround on something like that if we were to get that sort of direction okay thank you for that [1:16:54] **Councilmember Folch:** and and I would just like to say that but it's important as we had had in the previous conversation about the neighborhood reconstruction project to try to keep some of these projects on task and so if we have funding readily available for those pieces of this project and we could move forward on that I would like to see that happen because I think it's really important to try to maintain construction projects not just for the benefit of the city you know and getting these projects done but then also that provides jobs in our communities as a stimulus and so by not implementing the project this year that just kind of snowballs the problems that we're seeing overall in unemployment and and so I think that it's important to try to where we can provide some stability on to construction work to do so and so I would be highly in favor of just repackaging the doing it and putting out for bid that segment of the project thank you Nick [1:17:43] **Councilmember Lund:** councilmember London I mean I I think it's it's great that you are looking at these two different projects and having different opinions on - now we we just passed the infrastructure project so why is this different this is different because of the funding mechanisms and I think if we're tapping into the general fund right now for something like this then we're possibly going to be looking back with regret so I I support rejecting it I also appreciate councilmember voltages creativity and and I'm curious how much how much of that project is state aid dollar wise [1:18:32] **Nick Egger:** councilmember it was about two hundred and fifty thousand dollars of the overall price tag was state aid Street related work [1:19:18] **Councilmember Balsanek:** that's a memorable sonic [Balsanek] thank you your honor question for Nick how how much over was the lowest bid [1:19:18] **Nick Egger:** councilmember we we did have a total project estimate very similar to that figure however were to to play the market and see what it would tell us and unfortunately in this case the the low bid came in real close to what we actually estimated so that said and to answer your question that price did extend a little bit the component that was local streets within the overall project we would have had to look at supplemental funding to make that one whole and to get everything that's shown in the map as a local street completed and that's to say North Ridge Drive and Stonegate court we were falling a little short with the the funding resources that were allocated in the budget for the local streets thank you again [1:20:55] **Melanie:** how much over the bid or the estimate was the lowest bid thousands of dollars I think it was around 35 or so we would have to then take take order to make up that difference where does that money come from in ordinary circumstances we probably would be bringing forward a budget amendment is that correct Melanie to to infuse a little bit more general fund dollars to make that one work oh sorry yeah yeah yes so we couldn't use general fund dollars there's also we have a fund that we use when we're done paying our bonds usually there's a small residual amount left in them you know ten fifteen thousand dollars because we'd never want to be negative in our debt funds and we did close some of those last year so there's some money sitting in that fund that also counsel could have allocated to the overage [1:21:41] **Councilmember Balsanek:** well I I'm bringing all of this up because they go all the way back to what I said in our workshop that my concern is keeping people employed if we don't do this project is going to be some people that won't be employed and and the whole idea is to keep this economy going in some way shape or form so that we can get ourselves back on track and I can't see not see needing this project because of a you know an over bid of and I sound so bureaucratic 35 would you say 30-some thousand dollars the lowest bid was over for what rs2 was going to be it keeps people working and and again we're behind in our street projects and our street improvements granted if we put this out again a little later this year could still get done I just think we should go ahead with it okay [1:23:14] **Councilmember Vaughn:** councilmember Vaughn thank your honor I'm with calls from bosonic [Balsanek] i AC staff is recommending I've been there putting in the memo that other stuff financial uncertainties I've heard a few things today we've heard for the finance director saying the effects that affects the city government will be tailing it'll be in the next year that were not prepared a lot of concerns about financial mid-term about cash flow we just heard from our County representative that the he's feeling fairly confident about the dollars that are coming in to us to help with that cash flow again uncertainties to go with that go back to what we all talked about in our workshop it's taking care of our investment and if I'm correct Nick I believe we'd northwich last year so we're actually heard it'd be the second year in a row we would choose not do this road and this road is not there's no assessments it's from the state general fund or a city general fund that you talked about other to have some state funding tool but this is important I think what we talked about to take care of what we have and we can't if we delay this we're gonna delay the next one that's supposed to happen next year and all we do is keep pushing our projects on the residents and sorry no funding we'll do it next year this is important for me to do now because I think the funding is within our budget is what I'm recommending that we move forward with this one other discussion council Your Honor [1:24:49] **Councilmember Folch:** that's my mulch [Folch] Kiki Your Honor I don't feel so confident about the second half of the year and then also the other thing that we haven't had an opportunity to talk about is the fact that the highway 316 project won't be at this point receiving any bonding money because the House Republicans blocked the vote for for the bonding bill to be passed during the legislative session which is now over and so we haven't had the opportunity to discuss what does that mean that we didn't get that gap funding and so I I feel like that we do have a lot of priorities when it comes to you know roadway but I don't think that we've had that opportunity to really discuss the financials and what certainty of knowing you know where are we with confidence in 2020 and then moving into 2021 and so I I'm thankful that Nick has made a sound financial judgment and not seeking approval of the project at this time and I think that also if if funding becomes III would advocate for moving ahead with the state aid piece just as a councilmember bill sonic it's that I think that it's important to try to maintain those those those jobs that we can if there is theoretically a federal stimulus bill that moves forward and there's a lot of construction money that's made available we might not see the rates that we saw right now even though it was a little over bid if there's a lot of stimulus money the pricing might actually go up because there's more funding available for projects to be implemented that's another and I think that taken consideration so um so I would make a motion to well maybe I should make a motion we can talk about it I'd like to make emotion let go with the state I'm sorry the staff recommendation I'm throwing out the current bids and then repackaging the project just to be specifically for the state aid segments of West 15th Street in South frontage road received bids on that person of the of the project and then make that judgment call at that time about the award one was true second that I see no second so I would take an additional motion and I should say we're tracking your unmute no Joe I got it I keep getting this window popping up it gets in my way [1:27:06] **Councilmember Balsanek:** I will therefore make a motion to accept the lowest bid for the mill and overlay program for 2020 okay [1:27:43] **Councilmember Vaughn:** second by councilmember Vaughn council discussion no council discussion [1:28:31] **Dan Wietecha:** city administrator would teach it [Wietecha] would you take the roll call the roll please Superboy yes councilmember Forge [Folch] no member bosonic [Balsanek] councilmember bosonic yes councilmember Lake oh yes council number one no remember Brock's yes mayor Fassbender yes five - next we have resolution temporary changes for business affected by covin 19 restrictions this item was will be introduced by Community Development director John Hinzman welcome John [1:29:28] **John Hinzman:** Thank You mayor city council members I know with this item there's been a lot of information that's been passed around in the last few days so what I'll try to do is go through a summary of the requests that we have before us tonight in the action that we're requesting I've got a quick PowerPoint here that I'm gonna share as I go through here so what we're asking tonight Council is to adopt the attached resolution outlining temporary changes due to copa90 these are to help businesses operate given the restrictions that have been placed upon us one is the use of sidewalks for commerce conversion of downtown planners to table seating use of the trunk highway 61 Bridge Plaza and increase of picnic tables allowance for conversion of private parking lots for pickup orders and dining and an enforcement of temporary signed provisions that would not be a priority so that is within the attached resolution I'll go down through those and a more specific here as we move forward we also have a discussion item before us related to the use of parklets or expanded sidewalk cafes which is not in the resolution but we are seeking direction from the council tonight on that so I'll go through those items as we all know Colvin has changed things retailers finally with respected a restaurants are limited bara salons gyms they're looking to be targeted for reopening on June 1st given this reality the Hastings DBA has submitted a plan for downtown business but for downtown business I think there's a well thought-out plan shared by a number of people and it is representative of a need to be operational consistent with social distancing and how that's is how that can take place one of the things that the DBA is looking for on their plan is to allow a portion of a sidewalk to be used to display merchandise or to conduct commerce so within our city code we can do this the council can grant special permission to use the sidewalk the sidewalk in the downtown area is part of the public right-of-way and so when we're looking at the sidewalk fair this is technically commerce that's included within the right-of-way itself there is a provision in which we can grant special permission to that this would be for retail only we have another provision for restaurants and bar service under the sidewalk cafe what we would need is a maintenance of a 4-foot corridor for sidewalk pedestrian travel so you got to keep your your items clear of a 4-foot area for people to come back and forth we want to keep a neat and tidy we're also looking to have a completion of a sidewalk use form one of the things that we need to be able to ensure is that there's a waiver of indemnity to the city from the business owners operators been sure because there's commerce and because there's product on the street we as the city as the owner of the underlying property would be liable for that and so we were asking the business owners building owners to provide that information for us this is certainly not anything that we intend to be burdensome but something we do as a due diligence item something that we would recommend to move forward a request to use a bumboat [bump-out] area in the picture here if you're not familiar what a bump-out area is it's essentially that knob at the intersection you can see down here it has planters most of those areas downtown have planters what the DBA is seeking to do is to use the planters not as planters but its tabletops would have a base on it they are requesting that the city provide or construct a tabletop here that could be used for outdoor dining office of it we'd come up with a couple of things one an Ekans sumption of alcohol would be prohibited under city color now this is a theme that's going to come up in a couple of different items here under our city code any consumption of alcohol within the public right-of-way which would include the streets and the sidewalks of downtown is prohibited under city code a city code does provide for the allowance of consumption in parks or in some parks so so those are a different item but specifically within the city code there is the exemption or there is the restriction of consumption of alcohol within the city street we're assuming that these jet that these tabletops would be for the use of the general public they would not be assigned to a particular business from a staff level we would prefer private construction versus city construction we're just looking for a plan and assurance that there would not be any damage to the Flanders so our preference would be that that would be done privately with the plan here but something that we can go along with as well west is the courtyard under the bridge to bridge plaza area DBA is requesting additional tables to portable toilets hand washing stations and trash receptacles in this area we're in agreement that this is an underused area I and something that could go forward we don't have any issues with bringing additional tables we could could we could bring forward I dish the porta-potties and hand-washing on that so that's something we could do as well this would be an area FYI again that the consumption of alcohol would be prohibited because it is in with a public right-of-way also request for the designation of a smoke in vape free downtown that was part of the economic plan for development oh this was something that the council could consider but we think it's outside the emergency provisions of the city at the moment it can go through a typical ordinance process itself but would be outside of the realm of things that we can do immediately on that so we bring that forward as a as an item as a request but within the resolution we are not taking any action on that because it would require an ordinance amendment to take action also the request for installation of rubber speed bumps on 2nd Street we've not implemented these type of measures in the past there is some concern among staff that this causes frustration for through traffic it essentially causes people to speed between them we understand that at present a lack of activity downtown as enhanced speeds we've seen evidence of this appropriate we're hopeful that the activity that takes place through resumption of business the parklets extended sidewalk cafes will show more activity more activity on the street slows traffic we're hoping that that's something that will correct itself on there we're not recommending any action on that within the resolution but the DBA had requested staff is also looking to move forward on a couple of additional items one of them is to increase picnic table long river front and the downtown area we understand in the current situation with to go orders take off from restaurants it would be nice to have more opportunities for folks to enjoy these within the downtown area also looking for a allowance for the conversion of private parking lots to outdoor dining drive-through intake oh yeah is that you could take 25% of your required parking within a parking lot and convert that into something else whether that would be takeout services whether that would be dining area those would be done by just an administrative plan submitted to Community Development any time a liquor service area would be expanded we wouldn't need to admit that liquor permit but will we try to make this as simple as possible and provide opportunities for folks to social distance and enjoy the restaurant oh we're taking a policy change on temporary signage it will not be a priority the enforcement of it are the only things that we would still be sticklers on is we they cannot impair visibilities and intersections so so people see and we don't want to see people blanket with numerous off-site sightings so business aid comes forward and puts 50 signs throughout the city advertising the business to be over that's nothing we still would would take note of but the provision for folks to take extra measures so that people know what's happening and they're open we currently understand that as a need also I have a request tonight from the DBA relating to parklets so probably the first question you may have is what spark look this is a parklet here on the street here it's essentially a temporary conversion of on street parking areas into private commercial for the use of neighboring businesses so essentially you've got a parallel parking space shown here there is construction of a raised platform that makes it flush with curb and the installation of tables within the platform itself that can be used by by businesses or for dining services these are something that we've seen common in in major cities as conversion of some areas to increase outdoor dining opportunity the DBA request here that they're requesting the construction of six parklet platforms and identified location within their plans who are the parklets Park woods per block on Second Street so for total along 2nd Street these parklets would take up three parking spaces on the street and they're estimated cost would be between 1,500 and 2,000 dollars there would be two additional parklets located on north-south streets one on Sibley Street in front of the onion grill this would be one parking space and a parking space in front of art space and Tyler Street the DBA is asking for is for the city to construct the platform itself and that the businesses would decorate maintained provide tables and chairs for the services there they seek the provision to allow alcohol service within the Parkland areas what the racks is asking for in their request is for the deep the DBA would deliver a list of those requesting parklets to the city by May 20th so by this Wednesday with a city construction of the base by a 22nd so a very quick turnaround on this one the parklets would be removed by November 1st our analysis of Park woods you can see through the memo was quite extensive on that what are the main concerns that we have is I believe the intent for many of the parkland uses is for neighboring restaurants to use those as sort of a sidewalk cafe so that they can serve alcohol within there unfortunately that cannot be done the Parkland is separated from the building and is not what we term compact and contiguous so under sidewalk cafe licensing and under state law any licensed area that's outdoors needs to be contiguous with the main building when you've got the sidewalk separation there between the sidewalk cafe or the park would excuse me and the main building that is not contiguous we have made a call into the attorney into the alcohol gambling and Enforcement Division and they have confirmed that they they do stand by that restriction they would not see this as a contiguous situation that has been we see that as an inherited problem with what's being proposed by the DBA that there's there's a need or a desire to want to be able to have alcohol service in here but the construction of the parklets would not allow for that to occur Oh even if they were not identified specifically with the business themselves the consumption of alcohol is prohibited within writable areas under city code there is the provision that if it's a sidewalk Fe [cafe] it's allowed but this could not come under the sidewalk cafe consideration because it's detached Parkwood said well we want to make sure that we were ensure safety for collision from motor vehicles we did a rough cost estimate that was more than what the DBA had brought forward based at a 200 square foot parkland including labor and materials the DBA proposal may have just been for the base of it may have just been material so those are just figures that we have at this point at their last meeting on Thursday did authorize the use of $25,000 from the heart grant fund this would be unused for Heart grant funds to assist with parka construction so there is a potential revenue source to assist with this to ensure that there's general support of downtown businesses and building owners I know the DBA has been vigilant and in visiting and discussing this with other businesses and that we've had a list of many people that have provided support for this that we'll get into in a moment we also want to make sure that the appearance of aesthetics are acceptable we also need an indemnification of liability so anything that's within the public right-of-way we do the indemnification for that take a look at the permit the issue arising which is I have the alcohol services within park what's what else could be done idea that we came up with this morning was to allow what were terming an expanded sidewalk cafe allow the issuance of new or expanded cafe licenses that would stretch from the building to the curb and beyond so we're looking at creating an area that would be 20 feet deep from the building to the curb and beyond the curb another 7 feet into the parking area to provide that contiguous space the sidewalk traffic would need to be detoured around the closed parking spaces prea would meet the compact and contiguous requirement for alcohol services which means we could consider a sidewalk cafe license for this and not be afoul of state law we would look at allowing this of lulav parklets so the six total that were brought forward from the DBA instead of providing park lifts we could provide this expanded sidewalk so it would look something like this and I will tell you this is one of the crudest drawings I've ever done but essentially you've got the sidewalk cafe here in blue coming off of a building detour area that would come across it here the sidewalk area would be about 13 feet from the building and another seven feet into the parking space here you'd have a detour area around that yellow and then you have the clue the parking spaces so the number of parking spaces that will be attributable to the sidewalk cafe would be the same number that were proposed to be closed for the park foot so this is an idea and a concept that you may want to consider we're looking at the at the park would an action on the parkland or expanded sidewalk cafe as I mentioned the resolution before you tonight does not include action on either of these items so we're seeking direction from Council as as to what their desire would be full of options would be to grant staff authority to develop either one of these are there certain guidelines or direct staff to bring back and propose a for council action at a later date bear in mind I think that the the June first is an important date for downtown businesses to restaurant tours that is the date that's been targeted for for reopening by the governor for restaurant areas we have received a number of comments related to this at the nine or ten total from various businesses downtown all the comments that we've received have been supportive of the concept itself for use within the downtown area and so I can stand for any questions that you may have I know that there's a number of people in the audience representing downtown business person the DBA that are in the audience as well so I can stand for any questions from Council thank you [1:46:39] **Councilmember Leifeld:** thank you thank you John it feels to me that I think we're we're missing out is the term parkland I would look at this more as a street patio and I know these are in Minneapolis so I'm concerned with leave that maybe the correct questions were asked of the alcohol gambling commission in regards to my understanding in these others is they have to have an entrance in if we had a street patio instead of a parklet in front of will use spiral brewery in front of spiral brewery it's fenced off anyway in is from the curb from the sidewalk and it has an entrance in these around Madison on State Street I know they have them in Minneapolis so I know there are bars and restaurants who are utilizing this and in most places in Minneapolis it's a wide sidewalks but the pedestrian traffic is coming between their building their patio seating or their sidewalks eating or their street patio whatever we want to call it so I'm concerned one I don't see any reason to spend money on these platforms one who's going to store them where are we going to put them in November when I think what the city could be looking at is anything do we want around what needs to it off you have to go in similar to the lock and dam in order to get under patio seating you have to go through that one entrance there's only one spot in it's not just an open area where you can come and go so I would you know a street patio was in considered a permanent structure to me I wouldn't know why it wouldn't be something that we would be able to approve as part of their sidewalk cafe licensing I think that we need to do a follow up in regards to the alcohol use of it in the sense of when it's closed off it wouldn't even have to have this platform because you'd have gates you'd have a fence around it and then you're going in this one spot where you could have a watch your step sign so I'd be curious to know more about that I don't want to speak for the couple businesses I see a number of business owners listed in here who are attending so I'll let them talk to but I think this misses the boat of having people walking it into the street that to me also seems a little bit something that would cause a liability in your rough picture that you showed us done you know where you'd have this people coming around it and going back on I don't know that that's the intention of all of this but I would like I am completely not in agreement that that is the intention of the alcohol gambling Bureau I don't believe that the in no offense to staff because it was given information as a parklet we don't know anything about these but in my very brief you know preview looking through saw some great examples in Austin Texas of how they've done this and it's not built up or anything like that and again going back to Minneapolis so I'd like to discuss this further I'm gonna give everyone else an opportunity to talk but I think if you're looking at the wrong term here I think we need to reassess treat patio with a designated entrance per business thank your honor [1:50:35] **Councilmember Lund:** not to Maryland [Lund] thank you your honor councilmember life I think the option that John created this morning with his photoshop skills lacking was was just exactly what you're describing and maybe John can elaborate a little bit on that but there's no platform at all in that correct so that would be more of your example that you're bringing up and and I could be wrong but I believe that's more in line with what you're talking about councilmember lifo [Leifeld] John could you elaborate [1:51:25] **John Hinzman:** councilmember I guess there could be either way on that one I mean essentially a 13-foot area between the building and the curve itself and so that's a smaller area so there could be an expansion either by of a platform into the street into the parking areas or perhaps a step down from the curb to do that now using it from a proceeding I'd have to check a DA requirements I'm not sure if those would need to be met certainly the a DA requirements would need to be met to bring people around here but you know from the discussions that that that were had with alcohol gambling Enforcement Division the question before them was if if the other situation we have outdoor dining with a public sidewalk in between a regardless of what it's called still be considered contiguous which is a requirement under state law and their response to us was no it would not be considered granted I I do understand that these are these are have occurred in other places in Minneapolis throughout the country I get that but that's the information that we're getting from them muted oh I'm done here okay [1:52:42] **Councilmember Balsanek:** councilmember bosonic [Balsanek] who do you got on music there we go can you hear me now yep this window keeps popping up Wow anyway a couple of things I'm very concerned about the aesthetics that we would be you know bringing forth to the public and I I would like to see aesthetic fencing and barriers and so forth I you know so that we stay away from snow fencing and that sort of a thing because whatever is done outside is a reflection of what the proprietor has inside and my wife and I have visited many times all the restaurants downtown as an example onion grill lock and dam fireside El Mexican busted nut you know you name them they all have such great atmosphere inside and so I want to be sure that if we're gonna spend some money out of the head refunds that are nice that they're aesthetically pleasing because I think it's kind of like what you wear I think the public is going to respond to the atmosphere as much as if it were a lesser atmosphere they'll act one way if you go minimal and they'll act another way if you go with something that is very nice and substantial second thing and probably the most important thing is that we need to do whatever we can so that the restaurants can serve their alcohol but in the restaurant business my parents owned two very fine restaurants back in Michigan and my brother and I were the slave labor over the years washing dishes bussing tables bartending bookkeeping waiting on tables and so forth and the one thing I probably got out of it the most was that alcohol is a huge factor in terms of the profit margin of the restaurant it's probably somewhere between 60 and 70% of the income at establishment and so we need to do whatever we can to ensure that safely alcoholic beverages can be served in these areas whether they're parklets although that I guess that sounds like we can't do that but whatever kind of an arrangement first of all let's be aesthetic with them as best we can secondly let's make sure that the consumption of alcohol is part of the process [1:56:38] **Councilmember Vaughn:** councilmember Vaughn thank your honor this is coming to us ahead your last Thursday starting with the request for though one day quickly as I see and I think the best way to handle this and from all the data that we've gotten since last surge that I've received and the response we got staff is doing what we asked them to do I think we make this resolution let' staff work on these details help these people along and the less they have to bring back to us to approve of what it is I think is the best option for us woman forward from what I'm here and they want some results sooner than later and I think staff can make that choice and I think staff is working hard to do that so I'm in favor of just letting staff move forward and work with these rest or the downtown business association with this but the parkland thing I still have a few questions on because house where life I'll talk about who's gonna move it I'd rather not have us as the city building it and to conclude my biggest concern is liability of that public right-of-way so I want to make sure all the residents Hastings are protected with this so I'm a little cautious still the less the city is involved in making them and designing it but I want our our staff and our legal counsel and our police chief to make sure they sign off on public safety and those public right away moving forward thank you [1:58:08] **Mayor Mary Fasbender:** thank you [1:58:13] **Councilmember Lund:** council member LUN [Lund] thank you your honor I agree with councilmember Vaughn I think staff is going to be fully capable to work with DBA and negotiate what makes the most sense to to be able to accommodate you know adequate outdoor seating that's safe for all that allows the restaurants to provide their full menu including higher margin things like alcohol the money that has been allotted by Hendra [HEDRA] for the parklets it was for parklets correct [1:58:43] **John Hinzman:** that's correct councilmember [1:58:45] **Councilmember Lund:** is would we be able to then utilize that money for say barriers safe signage for walking paths whatever it might be to make these your your new new creation a reality so that's one question or do you have to go back to header and ask I don't know and then the other the other question is is the three spots enough do we know that for a fact because if you look at square footage or just what the requirements might be for distancing in general for for seating and I don't know what that's going to be but we you might only be looking at a few tables and on those spots anyway because of how far away they're gonna be required to be so I don't know if the DBA is concerned about parking spots and so that's why three was the suggestion or if because now we're talking about a media different formula or different method of having outdoor seating maybe the the number of spaces is also possibly and have to be adjusted so you know I don't know the answer to that but I mean if it's four parking spots then maybe that's the best way to D so that you still have safe walk around path you have enough distancing that's record might be required by by the governor and you can still put meaning seats out there to accommodate [2:00:26] **Councilmember Folch:** councilmember Falls [Folch] thank you your honor thank you John for doing such a thorough job of looking over the proposal and providing recommendations I greatly appreciate you making accommodations for allowing extended patio area sidewalk cafe areas for the restaurants the thing that I'm a little hung up on is I I feel like it's tomato tomahto you know the parklet areas that are in front as if for instance as councilmember I felt had suggested in front of spiral brewery as a for instance I'm not seeing the difference between them putting a raised platform in front of spiral brewery and calling it a quote unquote parklet and you just sing it needs to be a flat parking surfaced either or they're the same thing what matters is the modifications to the cafe license to allow for that to be all one contiguous area and so I like what the DBA has proposed because it will be more visually interesting for people to come downtown and see the parklets and then they'll be evenly distributed you know a couple of those parklets weren't even in front of restaurants one of them look like it was in front of the toy store and so so I guess I am I'm not understanding how it is that you're denying the parklet concept for as a consumption area they could just easily make the quotient lay a part of their hey license and so I have had that question first if you could please clarify on that matter and then I have another follow-up [2:02:18] **John Hinzman:** sure councilmember it all comes down to the separation between the building I mean I'm gonna I'm gonna put on my screen here for a second hold on [2:02:26] **Councilmember Folch:** I'm saying is that it doesn't matter if it's just the plain pavement or if it's a raised surface it's still all one space and so that's where you're losing me because I know I understand that makes no difference to me whether it's whether it's a race surface or not I don't think that's a that's a point of consideration here however that's fun what would comes down when it comes down to here under the technicalities of state law is if you're looking at my cursor here you've got the sidewalk area and walk area is not contiguous to where the parkland would go out here if you go with the DBA plans so under under state law because there's a separation between the building and the and where the parklet would go out in the parking lot area they say this would not meet the requirements for alcohol service because it's not contiguous granted we have heard that this happens in other places but that is the information that we're getting from the enforcement agency on that [2:03:47] **Councilmember Folch:** so to clarify your what you're saying is if as you have your little Blues on blues down there you're saying that that would be like we roped off is that what I'm hearing you say and so it doesn't matter if it's it would have to be roped off either way from the foot of spiral brewery way around the area that's what I'm hearing you say [2:04:13] **John Hinzman:** yes so sexually what we're doing is okay the DBAs concept is to create a parklet out out here yep since we're we're having problems with the parkland having a separation which would up separation in the building let's take the Parkland and shift it all the way to the building and then reroute the sidewalk traffic around it so that's essentially what's occurred here whether that area within the street as a raised platform or not no way I don't think that's the mean main point the point is is that if this area is immediately adjacent to the build it is contiguous an alcohol service could be could be done there without any question of that so that's what we try to accomplish here was to create a mechanism in which we had something in that we could present that we were certain would meet what would meet the requirements for liquor service so [2:04:59] **Councilmember Folch:** okay I understand what you're saying but I would just like I'm visualizing a Zurich downtown st. Paul and if you've ever been to the bulldog in Brio and there's a third one I forget the name of it there's these three restaurants that are together and they all have giant sidewalk cafe areas and the sidewalk goes straight through between the restaurant and then the sidewalk tables and there's no roping off of anything but pedestrian traffic just goes right through and the tables or off to the side and so I'm sure I could think of plenty of other examples where it wasn't with the site where pedestrian traffic was allowed to go through between the restaurant doors and then the patio seating area so you got me scratching my head there with with that that concept so I am fully in favor of supporting the restaurants and being able to have these outside patio areas and I appreciate you proposing these sidewalk cafe licenses because I think it's extremely important that we do whatever we can to help then be able to expand out into the street areas you know something else that the city of Stillwater is looking at I want to throw out there and is actually on their council agenda for tomorrow is that they're looking at making the area that's along the river there a quote unquote to go food and beverage consumption zone for the consumption of to go food and respond refreshments from the bars and restaurants and they're making an open container allowance for the central business district to allow Oh a single Ridge alcoholic beverage to go down to that area and they're providing lots of picnic tables and such for the public to be able to go down into that area of downtown Stillwater which is extremely similar to what our downtown Hastings could be with with the main core of the downtown and beautiful park along the way to help attract people to take food and then go down to the river there are also at having to go alcoholic I'm sorry they're allowing what did I just read here that they're allowing an open container zone in that area as well too but they have to be beverages that are from the businesses that that are at space and so if Stillwater can provide an open container area for the businesses I'm questioning why can't the city of Hastings also designate a special zone that's meant it's just the don't own businesses because you know what I mean we got to do everything we can to support our downtown businesses and if and if Stillwater is able to provide this to you know their downtown business area I think that we should be heavily considering it as well I mean nobody wants like massive crowds you know like coming down and having a lot of community spread but I think it's really extremely important that we are as supportive as we can and we pull all the rabbits out of our hats that we can that provide a safe area in the downtown to allow our businesses to make it through this I don't think that any of our businesses are looking to make a you know a huge dollar and see you know the cash they just want to survive they want to make it through this so that they can go back to regular operations and so I think it behooves us to move as quickly as possible and to make these options available to them heartedly and is readily available as we possibly can and if the Hydra has you know set aside $25,000 to assist with the parklets I think that we should authorize for the money because the Hydra had approved the money and the contingency that the City Council approved moving ahead with the parklet concepts and so we need to as the council we need to authorize moving ahead with the parklets however that looks I mean again I'm scratching my head because I've seen plenty of other examples where inside wax goes straight through serving areas of alcohol so um let you figure out the details there but I think that we should definitely move ahead with approving the the parklets the outdoor sidewalks for commerce the bump-out areas and then look what and and quickly look at what more can we do to help with that with the green space down by the river and the provision of extra tables and and I know that the DBA didn't make this request about having you know this to go consumption area but I think that that's a really great idea and that we put up signage that you know indicates that you know use at your own risk because I know that the city parks staff weren't gonna be out there wiping down tables you know after every time someone uses it so that people are aware of that but I think that we need to keep the ball rolling as quickly as possible I mean two weeks out when the businesses I'm sorry when the restaurants can open I think that we need to hit the ground running and so um those parklets they sound kind of a I'm not sure how quickly that they can actually build those um if they need architectural renderings and approval and all of that and so if the DBA says that they do want to move ahead with building those and they can do it quickly I think we should be supportive of that if they realize that okay these are a little bit more complicated and we can't get these up and running in two weeks and they want to scrap that I think that that's okay and that they just way they move for with establishing patio areas I think that we I I'm glad that we're having this conversation and I think that we're all in agreement that we need to be supportive but I don't think that we should just be kind of in I think that we should be like jumping full and and working like hard as we possibly can in the next two weeks to see all this through and then lastly um when you have these areas like for instance with the use of sidewalks for commerce would this apply for can we make that apply for citywide and then the use of the parking lots as well because I know that businesses I mean they appreciate what we're trying to do for the DBA but can we take some of these provisions and also apply them to other parts of the city that where it can be used because in reading this this that is just specific for the downtown and I like to be able to take some of these good pieces and make sure that they're City why does that make sense [2:12:42] **John Hinzman:** I understand where you're coming from there we're looking at the use of sidewalks and parking areas we're looking at those that are public and the public parking areas are really only those within the downtown area the the provision that we're proposing to allow up to 25 percent of private parking areas is more in line with with restaurants that are not within the downtown that have their own private parking lots those areas have sidewalks and they're free to to expand onto them because they're private sidewalks and they're not public sidewalks the you know the only place that I can see where you'd have public sidewalks coming into play is really on a few businesses on Vermillion Street it 80 sidewalks as you know are very narrow and not really akin to two pedestrians and traffic more than what's there at present so I think really really when we're looking at the public use aspect of sidewalks and parking lots are really looking at the downtown area [2:13:29] **Councilmember Balsanek:** councilmember beside [Balsanek] Oh Joe there goes that button again thank you right the resolution is pretty self-explanatory in terms of what the staff is going to be allowed to do and I don't I think we're getting involved in crossing eyes and dotting T's here we know we know what they with a DBA wants to do and this is not of course just the downtown area we've got to show respect for any other businesses in town whether it's Perkins or the the Eagles Club in any of those areas all around the bottom line is if people can walk between the extended area and the business says you can't do that so the idea is you fence it off from the building's perimeter around that area for seating you you move pedestrians out and around the area okay that's very simple it should be simple to understand the the the other thing is that you know we're talking about what other cities are doing we have no idea what the other cities have in terms of ordinances from Minneapolis to Anoka there's still water all we know is what we have and that's what we should try and work within so with that being said I move to accept the resolution approving temporary measures for operations of Commerce as spelled out in a Roman numeral 10 - B 0 1 [2:15:58] **Councilmember Brax:** okay thank you Joe I'll need a second not to member Brock's [Brax] is that a second okay [2:16:09] **John Hinzman:** I'm so discussion just make one point of clarification here sure the resolution within the packet includes you know all includes a number of items the one item it does not include is any mention of parklets or the expanded sad sidewalk cafes I just wanted to bring that to the council's attention that if it's the intent to include any direction or action related to parklets or sidewalk cafes that would need to be an amendment to include that [2:16:55] **Councilmember Lund:** council member London [Lund] to make that amendment descriptive I need to get Dan but it's you have it would be good on what needs to be said for the amendment I'm looking for servable area for seating extending from the building in concert with state law that allows for alcohol consumption so how do I say that [2:17:28] **Dan Wietecha:** a council member or mayor I propose that that the emotion to amend to add the allowance for expansion of sidewalk cafes to contiguous areas without separation by sidewalk and I think staff can take direction from there I'm filling in the blanks is that okay John [2:17:41] **John Hinzman:** that's thank you okay discussion a second amendment motion [2:18:28] **Councilmember Leifeld:** council member life though [Leifeld] thank your honor just does us I know John so if I would be in favor of we need to do something and it looks as though you're trying to find a way to make that work and I know the businesses appreciate that so just to clarify with your little map thing that you did that particular process would allow yes them to serve alcohol correct [2:18:55] **John Hinzman:** that is correct okay [2:19:00] **Councilmember Leifeld:** then if I could ask because I'm the great thing about working doing this from home as I can see all of the places that have this so I would just want a clarification because correct councilmember balsamic this isn't about our ordinances this is about the state's laws about whether you can consume alcohol correct [2:19:14] **John Hinzman:** yes councilmember these laws these are local laws these are either state rules regulations I made point two to mr. flea vote [Fleagle] for more direct specifics of that and that's okay [2:19:30] **Councilmember Leifeld:** my my point would be just that maybe we take that one step further with the alcohol and gambling Commission to say can you then explain to me oh this gets allowed I mean they're trying to make revenue in their location so are we so what makes them any difference that would be my only thing appreciate the you know the work you've put together here to find a way to take care of this in the downtown area John I'm looking for also for clarification do you need authorization to use the $25,000 that Hendra [HEDRA] had spent to apply towards the parklets if DBA so wants to build them still and whatever configuration that you deem yeah [2:20:03] **John Hinzman:** councilman bright [Leifeld] I'll need to come to a decision on that one in it would require one of two things one if we feel that the authorization was broad enough to include these type of items then perhaps we can just do them from a staff perspective hey if we need some clarification we would just call a special quick get that that would be my my suggestion I don't think this would be an action for that for the council on the direction of funds but I may look to mr. fleegle on that don't know the language of the actual resolution that set aside the 25,000 but if it if it doesn't contemplate any of this then I think a simple head to a special meeting presumably prior to the June 1st date is what would be appropriate okay [2:20:50] **Councilmember Folch:** counsel I'm seeing on three unmuted areas does anyone else want to speak just one less that's a member of Folch one last time issue then about how do we go about changing the ordinance to allow for open can open consumption area so what I heard John say is that the perks already allow for alcohol consumption to occur within them and so today so so it is okay like as if for instance if someone buys a growler from spiral up food from one of the other restaurants they can walk down to the tables that are down by the river the picnic tables that are going to be placed there and they can enjoy what they've just purchased down in that area because that would be a lawful area but they wouldn't be able to consume the beverage and one of those little curbside bumpville areas where they're gonna convert the flowerpots into tables and so so I'm asking for these nuances so how do we help direct people to the right areas and then if it's feasible to have these temporary open consumption open consumption zone like if that was deemed like a special event because like for instance I know like the bus did not used to do it in the fall where they would have a big outside I - you know it wasn't that tent dance but they had a big you know outside area where the whole area you could have drinks out on the on the street and so what would it take to be able to temporarily allow a consumption zone so that theoretically so that people could actually take a drink and go out and have a drink on one of those bump out areas or move around with them [2:23:06] **Dan Fleagle (City Attorney):** yeah or I can take that on yes we take an amendment to City Code section one 11.25 that is basically creates the prohibition of alcohol use on city streets and sidewalks the question would be can that be done as an emergency ordinance in this situation which does not take the first and second reading certainly it could be done with the normal process this we have not looked at this at a staff level at how quickly this could be done I think in what you've explained that Stillwater is trying to do I would have some concerns on being able to restrict the consumption of only beverages that are purchased within that area I don't know that we would have the ability to regulate that or if we did regulate it to actually enforce it how are we gonna do that can the police do that I doubt it so I think some of those shims would be hard to impose and it would be cleaner if you wanted to designate an area that is just able to consume alcohol on city streets then you would open it up and do that some of those minor restrictions I don't have any idea how we would enforce nor do I know how Stillwater is imposed or proposing to do that we could look at it and if there's a workable mechanism we can consider it but generally an answer your question that would take an ordinance amendment either in the normal course or possibly with an emergency amendment [2:24:36] **Councilmember Balsanek:** extend customer bosonic [Balsanek] we have to remember that we're looking at the entire city you know you're we've got council members referencing downtown again the park along the river and so forth I am NOT interested in opening up a can of worms we're by establishment that serves alcohol you can't allow a person to start walking down sidewalks all over the street it's got to stay within a contiguous area that is attached to the establishment is you're gonna have people walking down Vermillion with a beer in their hands going around Westview ball you know with a cocktail we don't want that I'm sure we don't want that [2:25:34] **Councilmember Folch:** that's not what I suggested in any way shape or form by the way it was just pertaining to area so that it could be one's own and then contiguous with the river area so that people could go enjoy outside along the river to go meal because these little patio areas are only going to be able to hold a few tables if at that and so again how do we help the businesses the restaurants be able to continue to at least make enough money so that they sustain themselves because you know what they can't sustain themselves at 25 or 50 percent of their normal operations and so we need to think outside of the box and I think I think that we need to put all options on the table and so if it can help you know a few more people pick up drink and you know cuz Stillwater actually says only one drink is allowed and so if we can look again and be as how the hotel how to help this particular area I think we should because I think it really is unique and God knows we put enough money into the downtown area for all the improvements that we should at least try to see these folks through this time of crisis [2:27:14] **Councilmember Leifeld:** I felt and just to make sure that I'm looking at the right thing this is a temporary change of an operation for businesses affected by covet and then it's got the final DBA plan right and the DBA is the downtown Business Association so that type thing comes when drove all sonic [Balsanek] white we're all talking about the downtown because that's who brought this forward am I not correct yeah you're correct [2:27:40] **Councilmember Brax:** Thank You councilmember Bronx [Brax] mayor and I just want to thank the people who spend their time and effort to put all this information together I know a lot of you are on the phone with us and I'm I just think that were we to do is focus on the plan that's before us if there's other amendments or ordinances that need to be changed this isn't we don't have to do everything right now I think that we need to focus in on what is in front of us and the people who put this together put it here because they thought this is what was gonna best help their businesses so I want to trust them that they know what they're asking for and they're the entrepreneurs and they know a lot more with Amy than I do so I just want to make sure that we are putting our trust in them and if they have additional things they need or if we see holes in our city code that we need to fix that's certainly on us to go back and look at that and have a new proposal but I think we do need to focus in just on what's in front of us right now and understand that we will have the flexibility to make other changes as we see the needs arise so this isn't meant to be comprehensive and cover everything but this is just what we have right now and it's a good starting point commuted [2:28:58] **Councilmember Lund:** that's it oh you muted the last few words so oh sorry and the discussion Joey [Balsanek] you're unmuted and I totally agree with councilmember Brock's and we do have a motion before us I'd like to see his vote on it [2:29:21] **Dan Fleagle:** I heard an could you councilmember lund floated the concept of making an amendment to allow the expansion of the sidewalk a ferries to contiguous areas I did not hear if that was intended as a motion or discussing it and if it was a motion if there I do not believe there was a second so perhaps [2:29:41] **Councilmember Lund:** thank you yes that was that was my motion there wasn't a second yet I think we kind of got off on a conversation okay with that any other discussion [2:29:44] **Dan Wietecha:** dan would teach if you said something you did not we did not hear it I'm just waiting okay could you come call the roll please this is councilmember Bob sonic [Balsanek] yes yes yes yes and then any other discussion come to member lengths Oh your honor here I'm muted oh there you go if you're ready okay father oh please stand the original resolution as amended council member bond yes yes my father yes number one yes yes thank you okay [2:31:54] **Mayor Mary Fasbender:** he seems family Aquatic Center 2020 season cancellation you Satan will be introduced by Parks and Rec director Chris Jenkins welcome Chris [2:32:06] **Chris Jenkins (Parks and Recreation Director):** Thank You Marion Council yes here to ask Council to consider canceling the 2020 season for the Hastings family Aquatic Center a tough decision for our staff to come through or come to but certainly believe that it is the right decision with all of the variables that are facing us currently in the memo there are many other communities that are taking the same action they've they've all considered and weighed the same variables that we have as well would like to point out most notably one of our major concerns is our ability to train staff we have over 60 staff that work at our Aquatic Center every summer in order to make it a fun and safe environment that training is very intensive and it does require folks to be touching one another practicing CPR doing water rescues practicing getting unruly patrons to areas as well as providing first aid to folks as well and in extreme circumstances you know practicing life-saving other life-saving skills so we cannot effectively train our staff so that they can be the rockstars that they are also staff safety our staff perform over 50 active rescues every summer season that is where a lifeguard exits their chair enters the water and pulls a victim from water whether that is a near drowning or a swimmer in distress we folks pull those people from the water so all of the social distancing and impersonal protection the window in that case other items use of locker rooms likely a one-and-one out likely a sanitation in between inability to or a difficulty in policing patrons and social distancing would require extra staff for that and with the social distancing requirements instead of approximately 800 people allowed in the facility it'd be just over 100 to account for all of the space that folks would need either in the water or on the deck and just to remind everybody every hour on the hour everybody is required to exit the water and be on the deck and that is a safety implementation it's a safety standard that we complete pool slides and structures likely and usable unusable or would require sanitation between uses and then finally you know financial we don't know I don't think it would be fiscally responsible to operate in a severely limited capacity with that and with heavy hearts here parks we are asking and staff are recommending that we cancel the 2020 season Stan for any questions thank you Chris [2:35:48] **Councilmember Leifeld:** council any questions for councilmember life felt [Leifeld] as a parent of two young adults I think we've been the last eight years it's a big deal it's a big impact on not only the kids who go there every day and you know have a place a fun safe place to go hang out but for all of the students who work there it's a really big deal and we know that this is a decision that you didn't you know make lately and it affects a lot of people and it's definitely going to be missed thanks for putting together such a thoughtful you know proposal and letting us know the facts behind it because people are really gonna want to know why we're doing this because to is not an easy decision to make but we know you made it with all the right all the right ideas all the right reasons so thanks Chris I appreciate it you bet Thank You councilmember bosonic [Balsanek] oh I'm sorry your honor no nothing okay any other discussion council okay then Council I would accept a motion for canceling the 2020 eastings family Aquatic Center season [2:36:36] **Councilmember Leifeld:** council member life I'll [Leifeld] make a motion I stated okay [2:36:44] **Councilmember Vaughn:** ii don't remember von council discussion Your Honor [2:37:23] **Councilmember Folch:** I'm something I'm really concerned about is that this just isn't gonna go away this summer I mean we're gonna still have problems with Kovan next year and so like as a for instance like an 18 was 68 69 or 69 70 there was a pandemic was called the Hong Kong flu and that ravaged our nation at that time and it was almost as catchy and guess what I I cut that darn thing and make team mmm the winter of 1973-74 and I was hospitalized for like a week and I almost died and so the thing of the matter is this isn't going away and the best time for they know that the virus doesn't stay alive for long at all when it's outside like it dies pretty quickly and so I guess I'm just really concerned if we close it this year then we're gonna have to close it again next year for the same exact reasons because the writing's on the wall is probably not going to be a VAX vaccine that's actually created and so I get being prudent this year and that we're kind of behind the eight-ball and not being able to get all the staff properly on board quickly enough and such and so I can understand this year but and I just think that we really have to look at this closer for for next year and and and perhaps it's not the same reasons that we closed it for next year so just food for thought Thanks okay any other discussion [2:38:56] **Councilmember Vaughn:** dan w you want to call the roll please Your Honor oh yes remember Vaughn responded I run a water park for my day job I think I just want the residents to know we don't know what's gonna happen next year so I don't want that message to get out there our goal is safe today and prepare for tomorrow right I don't want to start saying that we might next year we're not gonna get into that in my personal opinion I just want the residents to know it's a hard decision this year we don't know what's gonna happen going forward so let's just vote on what we have in front of us and not speculate going to thank you thank you [2:39:38] **Dan Wietecha:** City Administrator Dan would you call the roll please yes yes don't remember light oh yes don't remember one yes don't remember Bronx memory yes yes is unanimous thank you the city of Hastings playgrounds again crisps would you do be so kind as to deliver this [2:40:25] **Chris Jenkins:** absolutely mayor and this merry council is more sharing information with council and allowing council to make their own decision staff does not does not have a recommendation in this at this point was aware on April 1st 2020 the decision was made to affirmative Lee close Hastings playgrounds so staff were directed to install snow fence around the playgrounds to affirmatively close them that also included tying up swings or removing some of the toddler swings and 88 compliance swing seats from swings they could not be used at that time you have other communities who have also closed have also chosen now to reopen council you have a chart with that information in your packet along with that just as a point of information there has been no directive by the governor mdh CDC to closed playgrounds to the public wanting to provide counsel with and an option to discuss it and see if the closure remains or if council has interest in removing a closure and if that is the case staff would seek direction on when that would occur you can stand for any questions Bres council a discussion [2:41:59] **Councilmember Folch:** with member Folch listening to media reports they say that the virus doesn't stay viable outside in heated surfaces and in the transmission rates are very low amongst children at this point and I think that I'm something else but I'd like to take in consideration is that the just how dramatic of an effect this is on our children and the impact that it's going to have on them in a long term and so for those families who don't have playground equipment in their backyard like for instance town homes and places of that nature I think that it makes sense to open up the parks I would like to see signage actually posted that says you know basically use at your own risk that the playground isn't being you know sanitized and to learn you know wash your hands you know and practice social distancing you know those types of things I actually looked at some of the signage that was posted by staff already at the parks and I was really impressed so thank you for doing that Chris I thought it it looked great so I would that we should open the parks I mean the right thing to do I think the science is behind it at this point to be supportive and I think that's where we're seeing other communities opening playground equipment at this time Thanks okay other discussion [2:43:34] **Councilmember Balsanek:** councilmember bosonic [Balsanek] okay again I get this box that keeps showing up can you hear me all right yes okay all right Chris the playgrounds are opened up again will parks department going to the parks apartment start placing satellites [portable toilets] out again for sanitation purposes [2:44:20] **Chris Jenkins:** we would most likely do that council just for your information that the satellite placement in our parks is really by youth athletics in in previous years there was financial support for that so that's how those came to be placed in the parks but yeah I think with increased use and I think we will soon see that with athletics as well we would begin to start placing satellites and and this is about the time of year where that would typically occur anyhow thank you also [2:45:09] **Councilmember Vaughn:** member Vaughn yep I just make a motion that we removed the fencing from playgrounds and have signs posted like they are in the parks now moving forward thank you okay second councilmember Quelch [Folch] any other discussion and so my question is would that be immediate then Chris [2:45:41] **Chris Jenkins:** yeah I think that was what councilmember bond was intending okay thank you any other discussion dan would teach a [Wietecha] please call the roll [2:45:59] **Dan Wietecha:** councilmember bond yes yes that's member bosonic yes yes don't remember Lud [Lund] yes thumbs member Bronx yes near Fassbender yes thank you alright then today we have under administration frothing cork [Froth & Cork] on sale 3.2 malt liquor and wine licenses this item will be introduced by city administrator dan wood teacher [Wietecha] [2:47:04] **Dan Wietecha:** just a brief review frothing clerk [Froth & Cork] has two licenses and on sale 3.2 malt liquor and also a wine license licenses were approved after the first of the year so following our ordinance the fees after the first of the year are half but they normally would be 575 combined these were in half that issued at $285 in April the City Council recognizing the impact on a variety of businesses by the governor's orders to basically close up shop approve refunding license fees or license businesses in the amount of a hundred and six days from March 17th the date of the executive order through June 30th the expiration of those license periods that was approved by City Council last meeting made fourth one the a couple of days for or the council's action on May 4th on fraud and Clarke requested instead of the prorated 106 day refund they asked for a refund of the entire amount of the fees they Tides opening after January 1 they were not able to open right away and so essentially they opened I believe on March 15th or 16th in a day or a couple days later the the governor's order closed them balance so they thought they were in a different position from other licensed businesses that actually had a chance to utilize their license during the year council member lund absolute this beyond the council agenda or consideration the other case I would note which really isn't part of the motion her background but I do want to point out that the math calculation for the 106 days that was previously refunded staff did not take into account the fact that it is already a half license so essentially they cut the refund in half too so regardless of whatever council does that additional eighty two dollars and change will certainly be credited back to broaden court [Froth & Cork] if there's any questions or number one has anything to add so any discussion [2:49:56] **Councilmember Lund:** don't remember London thank you your honor Cori biermaier is actually in the attendees so she said she didn't need to speak unless there are questions of her but she's happy to address those so made her look for that yeah I mean it's a it's a small small reasonable request they think very unique situation where a variety of reasons they opened up in March 16th I think and then they were they were closed down and after one day of operation so I think it's it's it's fair and reasonable to ask for a refund for effectively unused liquor license and I asked it to be on the agenda following it I started slightly different than the decision that we made last time which was for already established businesses but that's all I have to say like I said I'm Cory is in the attendees if anybody has questions [2:50:41] **Councilmember Leifeld:** don't remember life felt [Leifeld] thank you John does the applicant state on their application the date that they're opening of the date that they want this effective I guess I'm a handful of these applications you know as they come through so I'm not really a specialist on when they fill out the application on what what is what does it say when they filled out their application and submitted it in mid-october they indicated at that point that they would not be opening until after the first of the year and that's where based on that the amount of the fees one after the first of the year which cuts it in half I don't know if there was anything specific saying after the first of the year January 2nd where after the first in year where March 13th but but they certainly indicated after the first March was after the first of the year so I guess I wouldn't have any problem refunding the unused portion of fees when they weren't open you know I again not alcohol licensing not my specialty but it would seem to me that we would want that Eleni something to go from the date that they're going to start using it so yeah I based on that I'd have no problem refunding that January to March 16th or 15th when they opened up so thank you your honor [2:53:01] **Councilmember Balsanek:** member love sonic [Balsanek] did you want to speak yes thank you yeah I'm looking at the limitation here well they're proposing well I'm here to read it here it says do not refund any fees to us but use the proceeds we paid in 2019 to cover our June 2020 to June 20 21 liquor license expense whoo I would make a motion that we do that okay a second thing what second day your honor okay council discussion city administrator [2:53:48] **Councilmember Folch:** councilmember Folch your honor I agree to refund that amount I just wanted to bring up something that mr. brahmaiah has brought up on several occasions to us as a council was in regards to his concerns about there not being a lot of clarity about the wagon sack [WAC and SAC] charges that are assessed against businesses that are looking to either come in new or to expand and and so it clearly wasn't a smooth process but I thought that he had a really valid point that it it isn't clear and I went back on to our city website just last night to see exactly what did we have on there in regards to whack and sack and the only information that we provide under the business section is about the deferral program and it's pretty brief and it's just in regards to that program that's offered by the city and so we have brought this up on a few different occasions during council meetings and and I perhaps I don't completely agree with everything that was said and done in in regards to all of this and how and and it just seems like it was a really confusing process I'm clearly for this individual and I have to agree that I think that there is for improvement in the amount of information that we're making available to the public and businesses on our website in regards to this particular issue and so I'm not sure what it's you know what it is going to take to be able to identify you know questions and answers but I think that we should do some kind of movement on this I don't if this is work of a council committee to take up and and have further discussions about how it is that we make this more this information more digestible to our business community because I gotta tell you what something here I have heard with number one complaint I have gotten the last three and a half years from our business community is about whacking sack and so it so clearly there there's room for improvement for helping to educate the business community so that they can appreciate like all the work that we did just a couple of years ago I know Mary you weren't you know on the council then but we had a lot of conversations and so so I just wanted to say just last is that I think that we could provide better background information about the decisions that have been made in the last couple of years and and how to move forward into the future so okay so that's enough discussion isn't about second leg thank you yeah this is not what I wanted to get let's get to the what's in front of us we're not going to use these as platforms two different subjects [2:56:51] **Councilmember Vaughn:** I do want to give staff a little direction I think staff is a little handcuffed on this I think our ordinance is basing things come for life l talked about when they started it I think it's based on the six month rule and I think staff and maybe Dan would have to help us is it an ordinance thing that we could start to charge the fee program to the day that they open their business versus a blanket six month brooch I think that's really discussed I know but always I'm in favor of just moving forward the motion okay [2:57:26] **Councilmember Lund:** councilmember London thank you your honor I'd like to move forward I think that's an excellent suggestion and maybe something that we can another time because it doesn't make a ton of sense that they have six months swings at it if if we can be more precise as to what date they start and prorate it that way yeah [2:57:42] **Councilmember Balsanek:** Thank You councilmember bosonic [Balsanek] are you just gonna call for the question okay [2:57:45] **Dan Wietecha:** cops city and city attorney dan call for the question I believe the ordinance says that you take a vote on the call for the question if everybody is just ready to vote I think in if council or remember ball sanik would approve I think you could just proceed with the vote I can't remember if you need a 75% or majority on a calling the question so I'm looking in my book right now but perhaps the council is ready to vote anyway well I didn't mean to just I wanted to move things along okay administrator Dan would you call the roll please ready to vote yes sonic yeah yes yes councilmember Bronx mayor Fassbender yes yes unanimous thank you okay [2:58:27] **Councilmember Folch:** council member faults you wanted to raise a question that's American culture [Folch] Your Honor it was just to continue I thought that councilmember ball sonic had brought up a good point that it was right at the end of our last conversation about the budget about communications and I've had a few folks reach out to me wondering you know what more capacity do to help step up and help now that the newspaper is gone and helped build fill that void and I don't have answers right at this point but I was wondering if maybe we could have it appointed to one of the council committees or a task force of some nature to have further conversations about this I know that we're all prepared at this point but I just thought it was a really good point and then you know and I and I feel the last that least offal [Lee Stoffel] is resigning because she had an immense amount of talent so with her losses well we can't say easily oh well you know we'll we'll take that on right and so I know that there there needs to be further consideration and so I don't have the answers I just wanted to throw it out there for just a little bit more conversation about how it is that the council can egregious to not lose sight of that particular issue a discussion council on that okay did you have something else Dana that's American culture okay so we're not going to do anything with communicate we don't wanna talk as a group about communications and what it is more that we can be doing as a city to help fill that void [3:00:49] **Councilmember Balsanek:** councilmember bosonic [Balsanek] well I think what we should do is have the City Administrator referred to a in appropriate council committee that this is something that I think we could get some staff input on background research and so forth back to the council with something quite solid [3:01:21] **Mayor Mary Fasbender:** Thank You councilmember lund [3:01:23] **Councilmember Lund:** I would then suggest that we put that to the admin committee is appropriate it [3:01:36] **Councilmember Leifeld:** comes from Emeril I felt [Leifeld] and just to obtain I don't know when you you just said when it's a if it's appropriate I guess I'm with you wondering that is this not something that our staff is going to address when someone leaves do we not I guess I'm I hate to see legal I was very saddened by it and loved everything she's been doing further from the city and I just it's a position that someone's leaving I that's an area that again not my expertise are we not going to be taking care of that as a staff for the [3:02:23] **Councilmember Lund:** councilmember land [Lund] your honor thank you oh I mean I'll speak for staff right now I mean they're back filling that role just like they would when anybody leaves for a short period of time of course but I think councilmember Fault is looking for what you know what's the bigger picture and that may be born out of discussion from the admin committee to give some you know recommendations to bring to council meeting I don't know what that might be it may be that we need to immediately backfill or we may through conversations with staff realize that they're they have a plan that that works I don't know but you know that's not to be decided tonight that's why we send things to committee but I think it's totally fine to send it to committee I I think admin makes sense but I'm open for conversation of course it's a member of all sonic [3:03:10] **Councilmember Balsanek:** well the remedy referral to a council committee and I think administrator is is fine is to look at how we can get the word out to people with some kind of print print news rather than social networking and if that includes you know a replacement for least offal you know so much the better perhaps to look at that position and change some of the requirements so I you know just refer to a committee and let's staff come forward with with some background information [3:04:00] **Councilmember Brax:** councilmember Bronx [Brax] so I believe I'm still the chair of the admin committee so I guess I just want to be clear on what I'm receiving as an action item here I've heard two different things one is questions about our current communications person and the back filling that role and the other thing I heard was what are we as a city going to do with communications which is the job description of the communications person so I guess maybe I'll just have a conversation with Dan and Julia about what they're seeing for that position and what if it's an expansion or whatever it is I guess I don't know but what part of that would be a City Council action that we would discuss I guess that's my question [3:05:11] **Councilmember Folch:** Filch [Folch] be a runner I'm council member Bronx I think it would be wonderful if we got some community input I think that it is good work for a council committee the admin group to take on and not perhaps we can gather input from other folks who are well versed in communications within our community and look to some recommendations as to how we could perhaps work more collaboratively with other existing organizations or if this is something that perhaps the city has to help out with and so I don't have answers them right now but agent maybe that would be a part of the work of the council the committee is just pulling together some recommendations about how to proceed beet since we have such a gap now in our community Thanks [3:05:58] **Councilmember Balsanek:** verbal sonic [Balsanek] yes that's an excellent suggestion I mean I would hope that for example you would call in someone from kwa if it is in Dan Mossman it it could be the news director or what-have-you kdw a you know does an excellent job in getting the word out to people it is headline oriented type of media and they do you know interviews with staff members the mayor I've been interviewed I know as well but I I think mr. Mossman would have some excellent ideas as to what could be done so I would hope that you would as a committee you know go out and you know contact the st. Paul paper Minneapolis paper find out how we get out of this News desert for print media I think that's very important okay [3:06:44] **Councilmember Brax:** Laurie so your you know what to do you're okay moving forward yeah I don't want to belabor the point I guess I just have concerns because a news agency and a city delivering it's all news are two completely different things so I yeah I will think about it and think about how to frame it and I guess I'm just I don't know what the action item is but I'll I'll talk to councilman repulsion balsamiq offline okay councilmember lund you're done okay councilmember bosonic yes although okay you're unmuted alright um we pulled the incentives for solid waste collection [3:07:30] **Councilmember Vaughn:** cuts remember Vaughn you want to speak to it I can't or full chat something about testing first responders also so let her I'll defer go first thank you [3:08:16] **Councilmember Folch:** I'm willing to let it go I know we're getting tired so just what I wanted to ask about was what our testing procedures were going to be for first responders when I was on a conference call with the president of regina hospital she had said that they don't have the capacity at this point to proactively tests first responders to make sure that they're not carriers it turns out that there is kind of a high percentage of people who can actually have col bid but they're not they don't show any signs i've heard like eighteen percent and so i don't know what we're doing to protect our staff and their families and so i just wanted to throw out there that I'm supportive of looking at purchasing tests because you have to be a medical staff person to be able to administer that coalbed test just to find out if you're a carrier and so our paramedics would actually be qualified to do that and and so I just wanted to throw out there that I would be supportive of putting money forward by the koban eighteen tests just to make sure that our staff proactively before they show symptoms that that they're well so then they're not spreading it to one another the public and also their families so so we're gonna throw that out there thanks okay Thank You [3:09:02] **Councilmember Lund:** councilmember lung [Lund] or can you clarify councilmember Phillips [Folch] with where the lack of capacity is the lack of capacity to administer the tests or to actually run the tests at the lab [3:09:48] **Councilmember Folch:** I'm comfortable and they don't have the capacity to take on patients who are not showing symptoms and so if you become ill you're supposed to call and go through a triage to see if you have enough of the symptoms and then if you have enough of the symptoms then they'll send you to get a test maybe if you're sick enough and so they don't have the capacity to take on proactively first responders the governor realizes that it's a gap that the state is not able to address right now and the hospitals aren't able to address it either because they don't have enough capacity and Conte is an individual organization purchase tests and the fire department could self administer [3:10:35] **Councilmember Lund:** I understand I understand that the logistical side of it but and I'm not I'm not against what you're proposing I just want to be really clear that we're not misunderstanding the the challenge right so you can have all day long but if there's no no lab to receive the sample and run it and provide results then we didn't really solve anything by buying tests and letting first responders actually administer the tests so what I'd like to know is before we make any decision to spend money or or create more processes is to know if we were to do that and we were to send in these tests on a regular basis is the capacity there to get results does that make sense [3:11:21] **Councilmember Folch:** yes council member Lundy and so I don't have all the answers I know that you can organizations can independently procure the tests and send them to labs and have them processed on their own it's just that our public healthcare systems are trying to deal with the sickest people first and so they don't have that ability to take on additional people and testing the wealth of those who are who we don't know for sure whether or not they have it and so it's a key way of controlling the spread within communities and so I just think that our first responders are important and and that we should be looking out for their wellness and then also protecting our community members because it would be horrible if someone was ill and they weren't showing they weren't displaying symptoms and then they're having contact with the community and then also other personnel within within the department so I don't have all the answers to it but I just wanted to let staff know that I would be supportive of them investigating that and bringing forward so that we could be more proactive with our own staff [3:12:11] **Councilmember Vaughn:** member Vaughn and I I don't support that because we already we're already watching staff labor time I don't want to need a stay in our lane that has a role of a council I don't think this is our role and this don't want to put any more on our staff to be worrying about bringing something and researching some more when we have a hospital that can take care of what we have to do and and let's let's worry about our core duties is what I'm asking for so I can't bring it up I get the opportunity to talk about it but let's stay in a realize my own opinion [3:13:14] **Councilmember Leifeld:** remember about Sanok [Balsanek] can I go Cubs member life oh [Leifeld] Oh there you go so the comment about staying in our lane and doing what we're it becomes our topic when someone when a burns it up I think the point to come summer and we're fall to [Folch] saying if this is something that that needs to be looked at and is a concern it on the table right now instead of waiting for the next meeting for the staff to come to say hey you know what we are your medical or Fire and Police Department would really like to be tested and then it has to come back before us so I really do feel like for you know lack of a better term this is Arlene and I think we're just being a little bit more proactive instead of reactive a I know that government tends to sit in a reactive approach I think what we're really trying to stay proactive here with what's going on and I am very unfamiliar with all this I have a friend who's a nurse in the hospital and she had an antigen test tests have now been approved and she was disappointed because she didn't test positive which means she can still get this so there was a big string of messages I was trying to figure them out it was like wait you want to be positive you want to be negative what do you want to be so I think that's a really good point to be able to don't you know if we have people within our health you know area here in our police and fire department that are already have Justin you know and can go on and not be of a concern that's important so I think this is something that it's fair for us to suggest to the staff that yeah if we see this coming forward this is something that wouldn't you would not stand behind it and I guess my answer is I would I would vote yes to something like that if it were brought before me so that's my two cents your honor thank you yeah [3:15:12] **Councilmember Balsanek:** councilmember bosonic [Balsanek] well if the fire emergency and police are not requesting this why why are we talking about it I mean it's nice to be concerned but if if they're operating efficiently you know let them operate if they've got a problem I'm sure it would go to our city administrator who's in charge of all three of those departments and you know then it would come before us but it seems to me but they have the equipment and they're safe in terms of operating the way they are so I'm not sure why we need to be talking about this yeah [3:16:00] **Councilmember Folch:** councilmember Folch thank you your honor bringing it up because it's the best practice and it's the best thing we can do to protect our staff and our community and their families and so I think it is imperative because we are community leaders to bring up these issues and so oftentimes I hear staff say that they look to the council for policy direction and if we would be supportive of various of initiatives and so I'm bringing it forward because I think it is important to be proactive and if the private hospitals and clinics don't have the capacity to be able to help ensure that our staff are safe as first responders and if they're willing to put their lives at risk and their families at risk to serve our communities we should be looking out for their best interest and so I'm not going to read this any longer I just wanted to put it out there because it's the right thing to do to care about our staff and wellness of our community and and if staff wants to you know look into it further and provide recommendations I would be very supportive of that because I think it's the right thing to do the science is there to support it Thanks thank you I move forward [3:17:42] **Dan Wietecha:** am a teacher [Wietecha] look into that concern regular conversations with both departments have not heard any concern with that voiced doesn't mean that it's not there but if not heard that I'll certainly talk with both Chiefs in the next day or so I do know that any case-by-case basis due to low exposures we have had several employees that have been able to be tested one employee that I know was not able to be tested again was a matter of the circumstances and because of the circumstances actually was told that some of that contact trace that we're getting into now you have to self isolate for 14 days testing it doesn't matter you have to stay home so we have been able to test several individuals but with not certainly not gone through and tested everybody the end the tests have come back negative two thank you any other discussion okay [3:19:13] **Councilmember Vaughn:** council member Vaughn incentives for solid waste collection I did thank you I won't take much time because I'm gonna ask that this gets moved to a full council workshop to get more details cuz I had a lot of questions about it just simple as the memo was written as this is benefit to Dakota County and it also talks about red wing in this red link part of the metro area these are just going down some questions that I have here and did Dakota County approached us saying that this is what they want us to do or did we approach them and then it talks about some funding coming back to potentially the city does that go to the city or does that go to the residents or does it go to the waste color I got a lot of questions and I'm just asking that I had asked this before I want this to go to a full council workshop before it came and they I didn't want on a consent agenda I want us to have a good discussion about this option before we can put on the consent agenda and approach the county asking for fees back to the city I just don't understand that [3:20:00] **Councilmember Lund:** councilmember lund thank you your honor we can certainly talk about it as a full council if that's how you'd like to do it this was born out of the utilities committee we met at least full of time one or two times to discuss just waste in general you know we've had a couple of increases in and with the different facilities that were running too and so you know we're just trying to look forward and see how we can better address our our situation because we're kind of at the mercy of different different entities right now so it was born out of that discussion and Dan took it and ran with it and and I think did a really good job but we can certainly workshop on it if you want but it's not just out of thin air I guess my point there was there was thought and this is months in the making at least some did Trevor [Lund] you're muted that's because I it's because I end my sentences in an awkwardly abrupt way okay any other discussion your honor [3:21:44] **Councilmember Folch:** yes consumer fault [Folch] thank you your honor so just as council member lund had said and and so what had occurred is that we had a again and I had a zoom meeting with County officials and so what we were asking for is because the of our current practices our best practices that we're using for residential garbage pickup we are paying as a community about forty to fifty two dollars more per ton because we're doing that's right and we're in adherence with the county's best practices their management plan and so we were asking the county to help incentivize our best practices by compensating us $30 per ton we have fifty three hundred tons per year which equates to about one hundred fifty nine thousand dollars and and it was on the table and it was it was it was well received and and they were going to look to the board on to discuss it further and then also with the city of Farmington because they're in a very similar situation as the city of Hastings and so the money would come back to the city because that would be the easiest way to be able to administer it and they would see it as a reimbursement to the city for those expenditures and then we would have those funds available to use it as we see fit so it's um it's a good win for our city if we're able to move it forward [3:23:08] **Councilmember Vaughn:** councilmember Vaughn jakka I want to go I just want some clarification I want the full council to understand this because I remember everything I read this week we lost when we brought our waste because we do single hauler we brought it up to Newport Washington County took it over so then we had to go to the next one the next available option because it's required of us doing that is the city of Red Wing well the city red ring got some incentives to what happens if City Red Wing says we don't have any space for you there I just want to have a larger discussion and I don't want us go into the county saying this is what you should do I think it's a good incentive why didn't the company come to us in these things thanks for helping us out how can we work together even more going forward and just want to have a larger discussion I don't want to go any later I'm just asking that we move this to a full council workshop thank you [3:24:25] **Councilmember Leifeld:** City Administrator Dan you'll put that on sorry this went to committee it was taken care of it was thought out I think we should probably take a vote on whether or not council feels it's necessary to send this topic that's already been through committee on to a full council workshop I see I mean I don't know what the parliamentary procedure is for that this point I would make a motion to allow for the city to city administrator to continue the incentive and solid waste collection I mean if that's what we're looking at yes here he's [3:25:21] **Dan Fleagle:** Dan Manor was on the consent agenda is pulled off so it's an action item before the council today if someone wants to bring a motion in whatever form then that should be processed in the normal manner [3:25:31] **Councilmember Vaughn:** I'd make a motion to approve what some given before us for the incentive in solid waste collection to be continued by Dan or teacher okay I see a second by councilmember Falls [Folch] and the discussion council member Vaughn daughter can I need some clarification because a person that second the motion works for the city of Red Wing and that 'we hang up in this whole thing this we're bringing our product to the city of reveling how does this person makes a second to the motion even not take yourself out of this picture as a Cosmo discussion and dan I think Dan Fleagle I think I'll need a little assistance if I'll generally look and I mean the questions raised whether or not the councilmember has some type of conflict of interest I'm assuming that there isn't a straight contract conflict of interest which is what we would normally look at first where a councilmember is directly involved in the contract they're a party to the contract I don't think we have that in this situation next we would go if there's any other kind of financial incentive of that council member to be involved or if there is just an appearance of impropriety where we would normally have a council member abstain from that action just for avoiding any appearance of impropriety obviously not prepared to I don't know all of the facts about the council members involvement with the city of Red Wing I have some basic knowledge generally we would defer to the council members themselves in that situation to declare if they have if they consider themselves to have a conflict of interest I do not know enough at this point to say that there is a conflict that the council member must recuse themselves so issues been raised but I don't see a contract conflict of interest so I would say there is not a strict prohibition against that council member moving forward with voting on this matter okay any other discussion then council motions been on the table [3:28:17] **Councilmember Vaughn:** councilmember Vaughn I would just defer to come over folks could you give us a title of what position you do with the city of Redway [Red Wing] well as you know I am the contracts administrator for the city but I don't have any financial whatsoever - I mean it's completely separate this is to benefit the city of Hastings and the residents and so and I have abstained from any of the other votes that the utilities committee has taken on the issue and so it had been councilmember ball sonic and councilmember lund who had voted to take action on it and so if you would like for me to withdraw my second - councilmember Liefeld's motion I will withdraw but I think that you're really stretching Jing your point there councilmember bond [3:29:04] **Councilmember Lund:** Council member London your honor I mean I think there's there is no I have no problem talking about it further if if there's value in that I I know I brought up that it was discussed that at a committee level council member Liefeld [Leifeld] but a lot of things are and still need to be discussed further so if if someone feels very strongly about that I'm you know I have more time in my hands than I used to so we can add another meeting to the list if you want your [3:29:49] **Councilmember Brax:** councilmember Brax [Brax] yeah I think maybe the objection that I might make is the order in which things have occurred I don't have a problem with the committee making yet of recommendation bran to Council but it seems like conversations with Dakota County have already occurred and to me that seems like it's in the wrong order it seems like the recommendation should come to council we should prove it and then it should go to the next level so if I was going to have a problem with this which I really don't but I think that it is best interest to make sure when we're making a representation to another government that we are unified and how we're talking about it because that has more power and to do it as just a subset of individuals causes this kind of confusion so I think just for future education and learning you know before we start asking for something from another state or governmental agency I think it's important that we have a unified voice and we speak together as one that's that's my only hang-up with this um Commissioner Slavic did text me and he said he's still a participant if he do we want him to speak to us now are you willing to have that or no council decision yes I think it would be good for him to speak if he can you know maybe address any any of councilmember Vaughn's concerns a great idea okay welcome Mike [3:31:05] **Mike Slavic:** hello okay all right you hear me yes okay thank you very much mayor and council um I guess you know one of the things that I would say is that Louis that I have some grave concerns just on some of the process to be quite frank that station ultimately did not go staff to staff but it did have one side of the elected officials and not full sides I think it actually quite frankly put the county staff in a pretty awkward position having elected official with city staff because now what what happens in this is a negotiation that that has to go on there with with my colleagues on the county board I've shared with some members in the past of some of the concerns with the proposal the city had at the same time thinking there is maybe some opportunity for moving forward that's kind of been in there I think that whether you choose to do this as a full council or you choose to get a group of maybe your chair of utilities and but I think you need to have some balance on these staff and elected to be able to figure out something and it probably would be also appropriate to that conversation with either staffs or staff and electives of the Farmington level as well well I think that the approach has not been very positive and I think it's gonna be a very uphill battle with the county board on this one quite frankly more than I would say it would be for the city of Farmington because Farmington uses their property taxes to go and offset the cost of garbage whereas the city of Hastings does a contract on that part for its best practice so you know I know what we've heard from staff has said that to give a a dollar amount to the city of Hastings because they're doing a best practice the the benefit is the residents that's been able to be with this and and it's the the people who are quite frankly it's the contractor who's incurring the cost they're the ones who've seen a $50 increase in in their shipping fees with that so I think there's certainly an opportunity for conversation I just don't know if this has been the right approach I am very I welcome the opportunity I think the County Board would be as we're trying to figure out what to do that but I think some on that memo that I read I think it's important to note that that tipping fee isn't necessarily what was entirely said it goes or that also covers the fact that nowhere in Dakota County do do we charge a solid waste fee so that is part of that tipping fee also pays the solid waste fee to give you perspective Washington County collects more money in there solid waste feed than what we do in a tipping fee as a county with that so just it does cover those other environmental consequent to move forward with this I thought the memo was fine as it is I'm fine if you want to have a further conversation but I do feel personally that that as an elected official I was left out of the process and kind of told that after the fact of when it was mad and I feel like both myself and staff didn't quite have the right experience as a result of good to make that aware of it but I don't I think we can let that go over the bridge and move forward and get somewhere from that that's why I stayed on for this long meeting just happen at this part of the conversation Hashanah questions or comments for him council commissioner or cults member Vaughn I'll bring it back to you then after his statement something think there's more time to fluoride oh you have to call for them second that's correct yep so I'll need a second for the I'll need a second no one is going to second any other discussion City Council member [3:35:22] **Councilmember Lund:** lund make a motion to put this to of the whole council [3:35:48] **Councilmember Vaughn:** in a second by councilmember Vaughn discussion on this city administrator would teach you [Wietecha] please call the roll [3:36:38] **Dan Wietecha:** councilmember bond yes yes councilmember folks [Folch] staining all right council any announcements okay [3:37:27] **Mayor Mary Fasbender:** our traditional Hastings Memorial Day event sponsored by the VFW and American Legion have been canceled this year due to the Cova pandemic however flags will still be placed in our local cemeteries and at roadside Park in honor of our fallen veterans additionally Lyle Russell VFW post 12 Tim's rifle squad will fire an honor of this significant day at 11 a.m. on Monday May 25th in the parking lot outside the post 12:10 at 275 West 33rd Street next to the karate studio in the Crossroads Shopping Center city offices will be closed Monday May 25th in observance of Memorial Day like to recognize and thank our employees in several city departments last week May 10th through the 6th was Police week may 17th through the 23rd is both EMS week and Public Works week a is building safety month boys provide some of our essential services and help ensure the safety of our community under the current pink and pandemic did and changed apparitions to make sure we continue to provide optimal service thank you to all those departments yeah coming up our Tuesday May 19 Preservation Commission 7 p.m. Tuesday May 26 mission 7:00 p.m. a June 1st City Council 7:00 p.m. until I would accept a motion to adjourn [3:39:18] **Councilmember Brax:** one quick announcement I'll be attending the dakota communication senator 9-1-1 serve on the board of directors that's on Thursday the 21st at 8:00 a.m. we'll make a motion to adjourn okay [3:39:45] **Councilmember Brax:** and councilmember Brack [Brax] second all those in favor aye Diana call the roll I guess everybody's unanimous Dan but if you want to call the roll go ahead yes thank you thank you