City Council March 7 2022
0:00- Call to Order
1:30-Comments from the Audience
3:47-Consent Agenda
6:15- 2022 Neighborhood Infrastructure Improvements
28:42-County Crossroads 4th Addition- Apts- 3xx 33rd St. W.
41:32-Stencil Addition- Apts- 412 3rd Street E.
1:13:19-Matthew & Sandra Heiman- Home/Garage Addition
1:21:33-Special Use Permit- Rise Up Recovery
2:19:36-Amend Ward Boundaries (Order Public Hearing for)-
2:29:08-Announcements
Adjournment
This transcript features **Mayor Mary Fasbender** presiding over a Hastings City Council meeting. Please note that while your provided list includes the current/recent Council, the transcript references the 2021–2022 Council members (specifically mentioning **Mark Vaughan, Tina Folch, Trevor Lund, and Mya Brax/Beck**).
[0:04] **All:** I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all.
[0:20] **Mayor Mary Fasbender:** Let the roll reflect that all council members are present with the exception of Jen Fox, and a quorum has been established. Council members, are there any items for correction from the past meeting or workshop? Seeing none, they are approved. Comments from the audience at this time—public comments. We have options for comments to be mailed in prior to the meeting; if you have emailed them, they have been received. We also would allow Zoom comments tonight from the audience. At this point, is there anyone in the audience that is here to speak to the Council?
[1:07] **Sasha Sabaskowitz-Greiner:** Welcome and please state your name and address. Hi, my name is Sasha Sabaskowitz-Greiner and I live at 517 Ramsey Street and I am here to talk about the Rise Up Recovery center that would like to go in. I think they have a great mission. I read through all of their stuff on the planning commission meeting; I actually checked out Tiffany's profile on Facebook, she sounds like a really great person. However, I'm not comfortable with this in my neighborhood. I am a mom to four kids and my first job is to make sure that they are safe, and the idea of 10 male people living that are not necessarily going to be living there permanently but going to be there's going to be a fair bit of in and out—so the people will be changing, so it's not going to just be the same people all the time—doesn't make me feel very comfortable. It doesn't make me feel safe. We walk downtown all the time, we are out in our backyard, our front yard all the time. We do have some experience with state-run facilities, state-licensed facilities right across the street from us. We have an apartment or a four-plex that has three apartments rented out for state-run facilities and they moved in about three years ago; we've lived there for 11 years. We've had a lot of police calls for them over the course of the especially the first year and a half that they were there. We witnessed that somebody had an overdose there. So obviously this is needed in our community, but we can't guarantee that this facility will have absolutely no problems. I mean, I know they'll try their darndest to make sure that doesn't happen, but when it does happen, it's my neighborhood that's affected. And you know, they don't live in the neighborhood, they're not there 24/7 like we are. So when it comes down to it, we're the ones that are going to have to deal with it. We're the ones that are going to have to have our eyes out for problems should they arise, and that just doesn't make me feel very comfortable. So that is what I'm here to say.
[3:15] **Mayor Mary Fasbender:** Thank you for your comments. Thanks. Is there anyone else that would like to speak to the council at this time? Okay, anyone on Zoom? And no one on Zoom, okay. Council, are there any items to be considered? And council, I would accept a motion to approve the consent agenda.
[3:45] **Councilmember Lisa Leifeld:** So moved.
[3:47] **Councilmember Mya Brax:** Second.
[3:49] **Mayor Mary Fasbender:** Motion by Councilmember Leifeld, second by Councilmember Brax. Any discussion? All those in favor of the motion state by saying aye. (Chorus of ayes). Opposed to that motion state by saying nay. And that motion prevails. Tonight we have awarding of contracts and public hearings. We have the 2022 neighborhood infrastructure improvements and to authorize advertisement for bids, and we have with us tonight Ryan Stempski, Public Works Director interim. Welcome, Ryan.
[4:12] **Ryan Stempski:** Thank you, Mayor. Yes, so jumping right into it, tonight we're here to talk about the proposed project scope and features of the 2022 neighborhood project. I'll have a presentation on those improvements, we'll look to have the Mayor and council conduct the public hearing, and then in your packets, there is a resolution ordering the improvements, approving the plans and specifications, and authorizing the ad for bids. Jumping right in, we actually have five different geographic areas in our 2022 project. The red signifies full reconstruction, the green signifies full-depth reclamation... [Detailed technical presentation continues until 22:39] ...and that's where our construction updates also live after we post them. So I'm continually trying to make that a great resource for residents as well. With that, I'll stand for any questions from the council first and move on to the public hearing if you do not have any.
[22:45] **Mayor Mary Fasbender:** Thank you, Ryan. Great presentation. Council, would you have any questions for Ryan at this time? Councilmember Vaughan.
[22:55] **Councilmember Mark Vaughan:** Thank you, Honor. Ryan, one question: you had said that there was a funding source that we used on 15th street that we were not going to use this time. Can you confirm what that is? And you think you had said "let's give it a rest." I just wanted to know, is it even an option to use on these streets?
[23:26] **Ryan Stempski:** That funding source is the Municipal State Aid (MSA) account. We do get state aid dollars each and every year and we put that in an account that can be used on state aid streets. We have some projects in the future—major collector roads, Highway 61 contributions—so there's only so much in that account. We just spent the last two years taking pretty good chunks out of that account. So this year, since we felt we could fit our project within our funding parameters, we gave that fund a relief this year to try to build it up for future expenses.
[24:14] **Councilmember Mark Vaughan:** Are all roads in the city eligible for that funding or is it only for just routes that we've put on the state aid?
[24:25] **Ryan Stempski:** We get a dedicated 20 percent of our road network and we assign that 20 percent of roads with the highest ADT—the roads that get the most traffic. There are some rules about it. Village Trail is on that state aid system, but we're choosing not to design that road to state aid standards and use state aid expenditures for that road. Using state aid funding affects how that road is designed; we don't get to leave it like it is. 15th Street is an example.
[25:12] **Councilmember Mark Vaughan:** Thank you.
[25:14] **Mayor Mary Fasbender:** Thank you, Councilmember Vaughan. Any other comments, council? Councilmember Folch.
[25:20] **Councilmember Tina Folch:** Thank you, Honor. I have two questions—one's for Ryan and then the other one's going to be for Dan. So my first one for Ryan is: for the last few years, I've been bringing up when we do these projects, if you are going to ascertain which of the trees are ash trees and work with the tree inspector in identifying and removing the ash trees as we go along in these neighborhoods within the right of way.
[25:46] **Ryan Stempski:** That will be continued this year. We work with the City Forester; I'm pretty sure him and Cody have got an inventory already. They do identify ash trees and look at the health and will coordinate those with removal if the construction necessitates it. I could send you that inventory.
[26:22] **Councilmember Tina Folch:** That'd be great. I'd love to see that kind of synergy. And then my second question was for Dan. I was wondering, Dan, if for this particular project if we're going to begin utilizing the deferment process that we passed a few months ago for veterans, disabled, and seniors that qualify financially?
[26:33] **Dan Wietecha:** Yes, that'd be an option here. Those notices would go out later in the process—probably August or September. When we send out our assessment hearing notice mid-March, we will identify that the city does have an assessment deferment policy and we'll explain what that is.
[27:10] **Councilmember Tina Folch:** Wonderful. I'm so glad to hear that. I would ask that you promote that since this is going to be the first time that the city is making that available so that the citizens are a little bit more aware.
[27:26] **Dan Wietecha:** Definitely, we'll cover it in the assessment hearing.
[27:30] **Councilmember Tina Folch:** Awesome, thank you.
[27:32] **Mayor Mary Fasbender:** No other questions by council? Okay, at this time I open the public hearing. Is there anyone here to speak on the project? Once again, anyone here to speak on the project? Anyone on Zoom? Okay, this time I will close the public hearing and council, I would accept a motion to approve a resolution ordering the improvements, approving the plans, and authorizing the advertisement for bids for project 22-1.
[28:10] **Councilmember Tina Folch:** So moved.
[28:12] **Councilmember Mya Brax:** Second.
[28:14] **Mayor Mary Fasbender:** Motion by Councilmember Folch and Councilmember Brax. Any additional council discussion? All those in favor of the motion state by saying aye. (Chorus of ayes). Opposed to the motion state by saying nay. Okay, motion prevails. Tonight we also have with us County Roads Fourth Edition, the Enclave development. John Hinzman, welcome.
[28:45] **John Hinzman:** Thank you, Mayor and city council members. I'm going to pull up the presentation. What we have before us tonight is a public hearing and a number of actions related to the Enclave apartment development, which is located at Highway 61, Vermillion Street, and 33rd Street... [Detailed presentation continues until 33:22] ...The Enclave development team is here as well if you have any questions for them.
[33:30] **Mayor Mary Fasbender:** Thank you, John. At this time I open the public hearing. Anyone here to speak in regards to the Enclave development south of town? Anyone on Zoom? One more time, anyone here to speak on the Enclave development? Okay, at this time I will close the public hearing. Council, any discussion? Councilmember Lund.
[33:55] **Councilmember Trevor Lund:** Thank you, John. I was just trying to look on the map here—that connection to Tiffany Drive, is that a walkway?
[34:08] **John Hinzman:** Councilmember, it is. There is an existing walkway that goes between the homes on Tiffany Drive and Kerry Park. This would link up to that and provide access east into the commercial area.
[34:36] **Councilmember Tina Folch:** Thank you, Honor. John, I had brought up at our last workshop my concern about electric vehicle charging station infrastructure being installed. Could you speak a little bit to the intentions of the developers here?
[34:53] **John Hinzman:** Sure, Councilmember. I'd probably have the developer address that. Brian is here tonight.
[35:24] **Brian Bachman:** Hi, I'm Brian Bachman with Enclave Development. Yes, we do always put in electrical charging stations. For this one, we usually put them in the underground parking structure. We wire for solar panels on the roof so that when the technology catches up, we can do those things. No project we've done in the Twin Cities hasn't had them.
[36:56] **Councilmember Tina Folch:** Terrific. And one other question: are you intending on having any kinds of playground facilities here or has it been cash in lieu?
[37:05] **Brian Bachman:** I think the plan right now is to do cash in lieu, but we will have outside play space—a pool, fire pits, and grilling stations.
[37:34] **Councilmember Trevor Lund:** I do have a question about traffic. A few hundred extra cars, what are the impacts on Highway 61?
[38:28] **John Hinzman:** Councilmember, we take a look at the traffic generation. Originally, this area was planned for a larger regional shopping center and grocery store, so the roads were set up to handle much larger traffic counts than there are today.
[39:52] **Mayor Mary Fasbender:** Any additional discussion, council? Okay, then I would accept a motion to approve an ordinance amending the official zoning map.
[40:02] **Councilmember Tina Folch:** So moved.
[40:04] **Councilmember Mark Vaughan:** Second.
[40:10] **Mayor Mary Fasbender:** (Calls for vote, passes). Council, I would accept a motion to approve a resolution granting preliminary and final plat approval of Enclave apartments.
[40:20] **Councilmember Lisa Leifeld:** So moved.
[40:22] **Councilmember Mya Brax:** Second.
[40:24] **Mayor Mary Fasbender:** (Calls for vote, passes). Motion to approve a resolution granting site plan approval to construct two apartment buildings.
[40:40] **Councilmember Mya Brax:** So moved.
[40:42] **Councilmember Trevor Lund:** Second.
[40:45] **Mayor Mary Fasbender:** (Calls for vote, passes). Thank you, John. Tonight we have with us the Stencil Edition, and Nathan Stencil with NJS Development is here. John, please give us some background.
[41:26] **John Hinzman:** Absolutely, Mayor and city council members. This one is a public hearing on the former UBC site... [Presentation on 89-unit, five-story apartment building near Tyler Street continues until 50:12] ...I'll stand for questions or you can open the public hearing.
[50:15] **Mayor Mary Fasbender:** Thank you, John. At this time I will open the public hearing for the rezoning and the vacation of the alley. Is there anyone to wish to speak to the Stencil development?
[50:41] **Jen Birma:** My name is Jen Birma and I own a triplex on the corner of 4th and Tyler. I'm curious about the parking situation and if 4th Street is going to be redone to accommodate the traffic.
[51:27] **John Hinzman:** As far as the parking goes, they meet our minimum requirement with 109 spaces. We believe 4th Street as it sits right now would handle that existing traffic.
[53:00] **Rick Harrington:** My name's Rick Harrington. Will this allow extra capacity for visitors and for people already parking on the street?
[53:35] **John Hinzman:** We've accommodated the need for residents and overflow for guests. We certainly don't want to be in a situation where a new development provides additional parking demand on the streets; we're confident they can provide that internally.
[54:40] **Councilmember Mark Vaughan:** John, the drawings—what road is that on the left-hand side?
[55:06] **John Hinzman:** That would be Bailey Street Parkway. It’s a one-way entrance/exit system.
[56:15] **Councilmember Tina Folch:** And what about electric vehicle charging stations?
[57:21] **Nathan Stencil:** We’ve been including them for many years. We’ll have four to six charging stations depending on demand, with the ability to expand.
[58:15] **Councilmember Mya Brax:** Mr. Stencil, neighbors are concerned about an apartment building by train tracks. Can you speak to that and your target demographic?
[58:52] **Nathan Stencil:** We’ll be doing extra sound measures—better glass and insulation. We see a mix of younger millennials, couples, and a surprisingly large amount of baby boomers who are looking to downsize.
[1:00:23] **Councilmember Lisa Leifeld:** What’s something like this going to cost to rent?
[1:02:20] **Nathan Stencil:** Rents starting at about $975 up to $1,700 for the biggest units.
[1:02:43] **Councilmember Tina Folch:** What kind of privacy fencing is going along the residential side?
[1:03:28] **Nathan Stencil:** A six-foot vinyl solid fence along the property line.
[1:05:01] **John Hinzman:** Just a clarification: the zoning code has a limit of six feet for fence height.
[1:08:50] **City Attorney:** Mayor, just one clarification: there isn't a variance application. You can't vary from your regulations (like an 8-foot fence) without going through the variance process.
[1:10:22] **Mayor Mary Fasbender:** (Calls for motions and votes on Stencil Edition; all items pass). Thank you, Mr. Stencil. Tonight we have Matthew and Sandra Hyman, home and garage addition at 502 6th Street East. John, continue.
[1:13:12] **John Hinzman:** [Presents on Hyman addition and easement vacation until 1:18:37].
[1:18:37] **Mayor Mary Fasbender:** (Opens and closes public hearing; calls for motions; items pass). Under community development, John will speak with us about a special use permit for Rise Up Recovery at 1303 5th Street East.
[1:21:42] **John Hinzman:** [Presents on the 10-bed substance use disorder recovery facility, noting the Planning Commission's 6-1 recommendation and neighbor concerns].
[1:30:55] **Councilmember Mark Vaughan:** How long does it take to enroll in a treatment program?
[1:31:41] **Tiffany Neuharth (Rise Up Recovery):** People in pre-treatment are medically stabilized. The stay is at most 10 days while waiting for a treatment bed, typically three to five days.
[1:33:40] **Councilmember Mark Vaughan:** Why not start at six beds so you don't even need a special use permit?
[1:33:59] **Tiffany Neuharth:** For pre-treatment housing, it’s crucial to have 24/7 support staff. To make that financially feasible, we need a higher number of beds.
[1:37:03] **Councilmember Lisa Leifeld:** I'm just so tired of the "not in my backyard" (NIMBY) mentality. If there were a house in my neighborhood, honestly, I'd absolutely support it. 15 seems like such a small number unless that 15 is your kid that OD’d.
[1:42:24] **Councilmember Mya Brax:** I also want to lend my support. People in recovery succeed based on the support provided to them.
[1:56:59] **City Attorney:** You can remove conditions today that are subjective. We have other tools to address behavior, like nuisance ordinances.
[2:08:55] **Councilmember Mark Vaughan:** I make a motion that we approve the special use permit for Rise Up Recovery with the 16 conditions, amending condition 15 to state "not to maintain a public nuisance."
[2:10:27] **Mayor Mary Fasbender:** (Calls for vote, passes). Thank you, Tiffany and company. We look forward to the good things you bring. Under administration, Kelly Murtaugh will go over the amendment to the City Charter.
[2:19:34] **Kelly Murtaugh:** [Presents on redrawing ward boundaries following the census].
[2:28:42] **Mayor Mary Fasbender:** (Calls for motion on ward boundaries; passes). Council members, any announcements?
[2:29:28] **Councilmember Mya Brax:** [Gives update on "Beyond the Yellow Ribbon" activities supporting veterans].
[2:31:46] **Mayor Mary Fasbender:** (Announces upcoming "Coffee with a Cop" and commission meetings). I would look for a motion to adjourn.
[2:32:33] **Councilmember Lisa Leifeld:** So moved.
[2:32:35] **Councilmember Mya Brax:** Second.
[2:32:37] **Mayor Mary Fasbender:** We are adjourned. Thank you.