City Council August 1 2022
0:00- Call to Order
6:27- New Employee Introduction: Violet Penman
5:07- Employee Promotion Introduction: Adam Harklerode, Fire Capt
0:00- Police Swearing-In: Kyle Linscheid
9:14- Comments from the Audience
9:59- Consent Agenda
10:17- Edible Cannabinoids
28:00- Resolution: Approve Small Brewer Off-Sale, Spiral Brewery
29:47- Announcements
Adjournment
Based on the context provided and the dialogue within the transcript, here is the speaker-identified version of the townhall meeting.
*Note: Some names in the transcript (e.g., Councilmembers Folch, Lund, Fox, and Vaughn) refer to the council seated at the time of this specific 2022 meeting, which varies slightly from the current roster provided in the context.*
[0:00] **Police Chief (Bryan Schafer):** have been extremely supportive and i would like to thank the city council the staff and the community for this tonight's swearing in of commander kyle linscheid gives me great pride and excitement for the future of the hastings police department we are developing strong leaders to ensure the safety and security of our great city now and into the future kyle linscheid could you please step forward you can stand right here so kyle's education includes he graduated from saint agnes high school in 2003 went on winona state university with a bachelor's degree in criminal justice and law enforcement in 2007 the bureau of criminal apprehension
[0:46] **Police Chief (Bryan Schafer):** supervision and management graduate of 2016 and most recently northwestern school of police staff in command class 508 some experience highlights with kyle he was a patrol officer for the hastings police department from 2008 to 2011 he was a school resource officer from 2011 to 2014.
[1:07] **Police Chief (Bryan Schafer):** he was he was an investigator with the police department from 2014 to 2015 and he was with the drug task force for dakota county he was a sergeant team leader for the task force from 2015 to 2017 and he also was a patrol sergeant from 2017-2022 there will not be a quiz later but it is it is it is a a great resume so now we're going to read the oath of office so kyle i provided you a copy and i'm going to ask that you stand right over here so you're going to raise your right hand and you're going to read after me i kyle linscheid do solemnly affirm that i will support the constitution of the united states of america
[1:53] **Kyle Linscheid:** do solemnly affirm that i will support the constitution of the united states of america
[1:58] **Police Chief (Bryan Schafer):** the constitution of the state of minnesota
[2:01] **Kyle Linscheid:** the constitution of the state of minnesota
[2:03] **Police Chief (Bryan Schafer):** and the ordinances of the city of hastings
[2:05] **Kyle Linscheid:** and the ordinances of the city of hastings
[2:07] **Police Chief (Bryan Schafer):** and that i will faithfully discharge the duties of a police commander for the city of hastings
[2:11] **Kyle Linscheid:** and that i will faithfully discharge the duties of a police commander for the city of hastings
[2:15] **Police Chief (Bryan Schafer):** counties of dakota and washington
[2:17] **Kyle Linscheid:** counties of dakota and washington
[2:19] **Police Chief (Bryan Schafer):** and state of minnesota
[2:20] **Kyle Linscheid:** the state of minnesota
[2:22] **Police Chief (Bryan Schafer):** according to the best of my judgment and ability
[2:24] **Kyle Linscheid:** according to the best of my judgment and ability
[2:26] **Police Chief (Bryan Schafer):** on my honor i will never betray my badge my integrity my character or the public trust
[2:31] **Kyle Linscheid:** on my honor i will never betray my badge my integrity my character or the public trust
[2:35] **Police Chief (Bryan Schafer):** i will always have the courage to hold myself and others accountable for our actions
[2:39] **Kyle Linscheid:** i will always have the courage to hold myself and others accountable for our actions
[2:44] **Police Chief (Bryan Schafer):** i will uphold the constitution my community and the agency i serve
[2:48] **Kyle Linscheid:** i will uphold the constitution my community and the agency that i serve
[2:52] **Police Chief (Bryan Schafer):** so kyle i'm gonna have you stand there because you're in the limelight now so one of the well i'm sorry one of the most well-known symbols of policing is the badge although the badge the actual weight is minimal the responsibilities that come with wearing the badge is enormous those who wear it carry the responsibility to do what is right and just for the people and visitors of hastings this symbol is one that every officer for the hastings police department wears with pride so tonight the badge will be pinned on commander kyle linscheid by his wife katie linscheid so katie if you could come forward
[3:41] **Police Chief (Bryan Schafer):** perfect thank you now before we applause pastor jim if you would be so kind as to come forward and say a prayer pastor jim comes to our police department every monday provides prayers for officers and that's what makes hastings so great congratulations
[4:10] **Pastor Jim:** i'd like to pray for kyle i've been praying for all of our officers father thank you lord so much that you do a mighty work to give him wisdom and guidance understanding lordy give the courage to fulfill all the duties you call them to do keep your hand upon him his family as well as all of our officers in hastings as well as our fire department and ems in jesus name amen
[4:47] **Police Chief (Bryan Schafer):** amen please join me in congratulating [Applause] and mayor and city council would you like to do a photo op now or should we wait
[5:02] **Mayor Mary Fasbender:** can we wait until after?
[5:04] **Police Chief (Bryan Schafer):** we absolutely can thank you for your time tonight
[5:06] **Dan Wietecha:** we also have an employee promotion and our fire chief... chief townsend.
[5:16] **John Townsend (Fire Chief):** adam if you want to come up mayor and council tonight we're here to honor adam harkleroad was promoted to the position of fire captain adam has been with the department since november of 2017 he's been an absolutely great addition to our department since he came here he's represented our department on the dakota county special operations team comes to us with an extensive background in training and technical rescue he's been very involved in our department's training with his time here and takes a really strong role in promoting the department and taking care of our staff and mentoring them so with that tonight i present to you adam harkleroad from the position of captain [Applause]
[6:14] **Dan Wietecha:** and then our new employee introduction is violet penman and she is with the solid waste and recycling coordinator which is a gpa partnership and we are having technical difficulty and she was unable to come tonight so now if the rest of us would like to step forward we'll take a photo with our new commander and our new fire captain
[6:57] **Mayor Mary Fasbender:** congratulations. [Photo break / Side conversations]
[8:59] **Mayor Mary Fasbender:** all right uh council members are there any corrections to the minutes from the workshop or the regular meeting on july 18th okay uh comments from the audience at this time will public comments have been sent emailed prior to the meeting and they have been acknowledged for the emailed comments they have been forwarded and they have been acknowledged uh for live comments are there in is there anyone that would like to speak to the council at this time see no one in here i would assume not and no one on zoom okay one more time is there anyone that would like to speak to the council at this time okay council items are there any items to be considered
[9:46] **Mayor Mary Fasbender:** okay council i would accept a motion to approve the consent agenda
[9:51] **Councilmember Folch:** [Inaudible motion]
[9:53] **Councilmember Braucks:** [Inaudible second]
[9:55] **Mayor Mary Fasbender:** additional discussion all those in favor of the motion state by saying aye opposed to that motion state by saying nay and that motion prevails tonight on public safety we will be discussing edible cannabinoids and for this item dan wietecha will be giving us an outline
[10:36] **Dan Wietecha:** a very brief introduction recent change in state law essentially allows sales of edible cannabinoids marijuana derived foods a number of our neighboring cities are looking at various means that they might regulate such sales some of it through zoning some of it through various licensing some of our neighboring cities are taking more of a wait and see approach some are expecting that the state might make changes in this new law in the coming year others are are saying this is legal and and should be allowed so anyways a matter of city council are you interested in some sort of regulation here in hastings or at least looking into some sort of regulation if so really the recommendation is to send this to the public safety committee and let them wrestle with the tough issues and come back with recommendations but that's really it there might be a little discussion tonight attorney land can certainly help with with some of the technical questions but essentially it's a recommendation to refer to committee
[11:22] **Mayor Mary Fasbender:** okay thank you dan council discussion council member folch
[11:28] **Councilmember Folch:** thank you your honor i went online and the league of minnesota cities has a whole section of information that's uh pertaining specifically to the cannabinoid sales and uh and so there's a little more information out there than that was in our packet and i thought it was really interesting and and i and i do agree that it should go to the public safety committee of the council for further conversation there were a few things that were on the league's website that said that cities should be thinking about for instance whether or not we think that we should prohibit it in our community and i don't think that we should prohibit it um but i think that we should have at least constant conversation right you know about that and then uh some of the other issues that were around licensing were like you know do we want to treat it like tobacco license or like an alcohol license and you know it you know it is an intoxicating substance and so i would i would be in favor of us licensing it in some degree and some of the considerations there were there are several of them but some of the considerations for us to think about would be you know where would we allow it to be sold it i guess according to statutes that can't be sold in a liquor store as a for instance um and so if we wanted to have any other prohibitions and then other things to take into consideration were the age of the person who would be allowed to sell it you know do you need to be 18 or 21 and then age verification you know what procedures would need to be done there you know do we want to have to show an id and you know what does that look like and so there were a number of things and i so i do think that we would want to take a little closer look at that rather than just allowing it to be sold at at gas stations as for instance or something like that
[13:41] **Councilmember Folch:** um and so i and then there was another area in there that i thought was interesting and it was in regards to employment and and so something i thought was really interesting and i'd like to see us you know have a conversation about that is when we do uh drug testing would we want to exclude marijuana from being a pre-employment uh screening device for non-dot related uh positions and so i think that that would be something that we should be looking at since there are so many places now that marijuana use is legal so many other states if someone goes into another state so that they are so that we're being more consistent and fair for employees when they're engaging in a in a legal activity within other states then they come here and if there's you know anything left in there in their system and so i just think that there are some considerations that we should be looking at um more in depth than and and then lastly um it did say that that that there were perhaps some opportunity for taxation um it said that the that more the league was looking for more information about whether or not it could be a local food and beverage tax and so i think that that's also something that we should be looking at is like what would be the license fee and then if there's an opportunity for taxation there as a revenue generation and you know something that i would love to see uh that money used for would be supporting our our police department uh since it'll fall you know on to them for for having to do enforcement and then um and then something that we've have been having conversations about uh councilmember lund brought it up at one of our last budget discussions was about supporting uh another school resource officer which i'm supportive of as well and i think that that might be a really great thing to see any money go towards would be a second school resource officer for our police department so those are my two cents thanks
[15:53] **Mayor Mary Fasbender:** thank you councilmember folch council member lund
[15:58] **Councilmember Lund:** thank you your honor um question uh would this be a good use of our public safety commission to do the first pass in discussion yes instead of committee i think the request was committee but i think probably would be a great opportunity for that group to get involved so that would be my i'm going to make it well do we have any that we opening up for discussion but i'm not sure how to answer the timing question i'm relatively certain that there are already establishments legally selling these materials in town so if you're wanting to get ahead of it i don't know that you can act any faster there certainly are some cities that which you're not prepared to do tonight there are some cities that have chosen to enact a moratorium which basically would prohibit at least anything new and i defer to council on on existing establishments but essentially an opportunity to buy time and study again i don't know if that answers your question of is there a matter of timing but i mean so apparently not so in that case i'd make a motion to send this to the public safety commission for discussion
[17:34] **Mayor Mary Fasbender:** and discussion council councilmember vaughn
[17:39] **Councilmember Vaughn:** if it's legal now for someone to sell people are selling it what more are we talking about are we going to add to somebody that's already legally doing it are we putting more potential regulations on that is that what the is that what the commission is going to review is what my question what are we going to send to them just uh that there's going to be more to what you're already doing that's my question
[18:04] **Mayor Mary Fasbender:** okay counselor will add to that
[18:07] **Korine Land (City Attorney):** your honor members of the council i've been tracking all of the marijuana regulations since 2014 when the state had initially adopted medical marijuana because i knew this is where we would land i didn't know it would be marijuana 3.2 but that's kind of where we are because that was a sneaky little move by the legislature yes that was an editorial comment it really was because there was absolutely no committee discussions on this topic this legislative session it really snuck through the legislature and they admitted it so here we are stuck with a a law that has absolutely no regulations around it and your community has not had had a chance you as the policy makers have not had a chance to decide where you want these uses and how you don't want them to be in your community and whether or not regulations are appropriate so that's why i think it is a relevant discussion if you if you choose to undertake it if you don't cbd shops or any store that wants to sell cbd products with thc up to 0.3 percent will start to do so and you will have absolutely no control over it so if you want to get a grip on it today i suggest you start studying it right now and i would be more than happy to put together a memo for the commission of out of that would outline the kinds of things that this council could consider i think in terms of what we should refer to the public safety advisory commission i think the things that we would need to include at least off the top of my head are things like will we license it what kind of restrictions are we going to apply are we going to have a certain number of licenses in the city are we going to allow it for certain age groups i think there's a lot of different things that we can that the public safety advisory commission can answer and make recommendations and then the public safety committee of the council can look at those recommendations and narrow it down to what the council looks at so i think this is a good process that council member lund has suggested and i also know that the public safety advisory commission is looking for things to do like this so i think this would satisfy some of their desires to work on some policy issues so i'm appreciative of the suggestion and i support it fully thank you
[20:14] **Mayor Mary Fasbender:** thank you councilmember brooks councilmember fox
[20:19] **Councilmember Fox:** i appreciate the suggestion i also appreciate that we are the body that works on policy and creates policy um so i am in support of sending it to the committee not necessarily the commission right away i think we we need to get our hooks into it maybe first and i agree that there's a great outline of detail um both on the league website as council member folch mentioned and within our packet there's information that we can go off of both in the committee or in the commission whichever body it ends up in so there are details like that that we have been provided with so thank you
[20:53] **Mayor Mary Fasbender:** council member fox council member vaughn
[20:58] **Councilmember Vaughn:** i support the commission i think that's the best place to put it because we get some true community feedback on this um i i hope the commission members reach out to the community and i was a little disappointed that again we got a state law that comes down that's not really what's the regulation and it seems like we're chasing this and i'm really kind of concerned about somebody that's already saying it's legal why are you doing now you're going to add a little bit more on to me it makes us look absolutely horrible if you ask me that we gotta for us to talk about putting a tax on someone or putting more work on that person that's selling it they're doing a legal product that's already approved i i hope the commission takes all that into consideration i like some of your ideas counselor folch but i'm also a little iffy on these people are legally doing something already and hopefully the message goes up to the state from a lot of cities saying knock that off don't do that to us local bodies here what you did to us to react to something so i hope the commission looks at it but understand they're legally doing something already the people that sell it thank you
[22:04] **Mayor Mary Fasbender:** thank you councilmember vaughn councilmember folch
[22:09] **Councilmember Folch:** thank you honor um as i've mentioned in the past that i'm at the chair this year of the league of minnesota city's improving service delivery committee and there is a subgroup that is looking specifically at recommendations that the league of minnesota cities will bring forward at the next legislative session uh for further regulation because um attorney land is right they they snuck it through and although that they do say that it was that there were hearings in the house that were public and it was transparent it did just get slipped in there yeah in the end and so and just for the for you know the matter what councilmember vaughn was just saying it does put us in a strange position that we're trying to regulate something that was already approved by the legislature and so um i think that we need to do what we can just to get it under control because it is an intoxicating substance and we wouldn't want young people you know getting access to it and so i think that we should take a more conservative approach to it it just seems like it's the prudent thing for us to be doing as local leaders to try to have some reins on it so that we're not seeing it misused but also not prohibiting it i think that that's what's really key here so thank you i think that um i i agree with that council member fox that i think that maybe it it could go to it the council committee just for some rails on it first to go to the commission for further conversation but um council member braucks is also right that that group is really ripe for wanting and they did a good job too with the under 21 the the vaping issue in nicotine yeah they did a really nice job with that so i'm supportive of the motion as it's been presented i'm just because we already have a live motion and i think that we kind of have consensus at least that you know to kick it to the commission first and we could look at it further than as a council after that thank you
[24:08] **Mayor Mary Fasbender:** council member council member leifeld
[24:12] **Councilmember Leifeld:** thank you i know um the tobacco shops around town that are selling it they're also very confused everybody is confused about what this is and what they can sell and as far as getting that were behind it tobacco 21 was something that as a city we chose to to get on they were already selling cigarettes to over age 18. we looked at it as a council we talked it through and then we implemented you know further restrictions which is i kind of think what we're looking here good news it's already 21. that's not a concern but i do know of states that make an awful lot of money off of this so that is my question is the way it's set up right now what are the communities i mean i know who's making more money right now the tobacco shops are are we getting anything additional is this is the the city the state getting anything additional off of these sales that's the conversation i think that needs to be had and to council member fox's point i would say maybe we need to meet as a committee to discuss to kind of corral it a bit right corral it let's figure out where we which direction do we want to go let's get down some of you know our counselor get down the thing she's seeing that other communities are doing because quite honestly this is happening and it's going to be happening and it's happening in all the states make money let's make sure we complete it make sure we can control it you know all the things that we need to do to make sure that our community is safe but right now it's uh i think we're looking at it i'm looking at it as a revenue and what can we do to make sure we're doing that and right now we're not doing anything right so i would i would probably have to vote against this particular um motion to send it to um i think it should go there but i do believe there should be a conversation with council committee first to discuss what we're looking at what we're thinking and then go from there that would be my two cents but yeah this is happening everywhere and let's make it safe and let's make sure that our police and everyone you know when council member folch was talking about you know the age of the individual selling the iding process the drug screening process because it's still not um federally okay so there are still other things in play here so yeah i'm i'm for sending it to committee instead thank you around for your time thank you
[26:55] **Mayor Mary Fasbender:** thank you councilmember leifeld there is a motion on the table any thoughts on that motion or do we go through it and then okay all those in favor of that motion state by saying i opposed to that motion state by saying nay okay it prevails with a four to three vote to move to the public safety advisory commission vote probably yes because i didn't hear your voting yes okay all right that motion prevails to send a psac uh under administration we have a resolution for approval of small brewer off sale 128 ounces per day license for spiral brewery and kelly murtaugh you may give us an introduction on this
[28:02] **Kelly Murtaugh:** thank you mayor as you have seen in the last two meetings we've amended the liquor ordinance as a result of some state law changes and we received an application to take advantage of one of those new licenses so we have a license application from spiral brewery for the recent change seeking a license for off sale up to 128 ounces per customer per day and the license would be issued upon insurance that we have everything we need from the uh potential licensee so with that i'll address any questions
[28:46] **Mayor Mary Fasbender:** thank you kelly any discussion council and councilmember fox
[28:51] **Councilmember Fox:** me again as well just uh wanted to mention i'm going to abstain from this of course but just to clarify a little bit more about a conflict potential conflict my business partner has been handling all of this paperwork i have not touched it or even looked at it and when it was put on the agenda i was like all right it's in so i just wanted to clarify that deputy city clerk king and my business partner amy have been at the forefront of this and i have not been so thank you
[29:13] **Mayor Mary Fasbender:** thank you council member fox council member leifeld
[29:16] **Councilmember Leifeld:** your honor i would like to make a motion to approve the spiral brewery off sale of 128 ounces as written
[29:22] **Councilmember Braucks:** second.
[29:23] **Mayor Mary Fasbender:** a second by council member braucks additional discussion council all those in favor of the motion state by saying i opposed to that motion state by saying nay and that motion prevails reports any reports from uh council members any announcements
[29:47] **Mayor Mary Fasbender:** okay i have a few um we have a new name change starting today with allina health and the hospital is now united hospital hastings regina campus so just for an fyi i'm sure if you're a lifelong person you'll probably just continue to call it regina yes tomorrow night is national night out which is our community event community building event and please join us at lions park or any of the local gatherings and council i will tell you that tomorrow you'll receive an email if you're if you wish to go with the various teams and the neighborhoods that they're going to otherwise lions park is the main community if you want to join in on the teams be at the fire hall at five o'clock and they will leave there at 5 15. lions park starts at i believe 5 30. i think it's 5 30. okay summer wreck programs at levy park thursday august 4th music in the park with sumo 7 supported by ruth and george doffing charitable fund thursday august 11th music in the park with top shelf supported by the ruth and george joffing charitable fund friday august 12th movies in the park with onward sponsored by ardent mills bring a non-perishable food donation for the hastings family service wednesday august 17th is story time in the park with dinos dinos recommended for ages 10 and under a partnership with pleasant hill library the parks and rec and police are partnering with the hastings prescott area arts council to serve up for tweens and teens this month the wreck art and police event will be wednesday august 10th at roadside park sponsored by sc toys and country financial support area mark makers and artesians at the makers alleyway market on thursdays through the month of august saturday august 13 is bike with a ranger ride the 10 mile loop guided by a park ranger learn history and wildlife fun facts bring your bicycle and helmet recommended for teens and adults free but registration is required meetings coming forward are wednesday august 3rd public arts task force at 6 pm friday august 5th administration committee of city council at 7 30 a.m monday august 8th planning commission 7 pm tuesday august 9th parks and recreation commission 7 pm thursday august 11th uh 6 p.m hedra and um sorry 4 30 city council will have a canvas primary election results and that is thursday august 11th 6 p.m that same day as hedra and monday august 15th 7 p.m is the next regular city council meeting with that i would ask for a motion to adjourn
[33:14] **Councilmember Braucks:** [Inaudible motion]
[33:16] **Councilmember Leifeld:** [Inaudible second]
[33:18] **Mayor Mary Fasbender:** all those in favor of that motion state by saying aye i opposed to that motion state by saying nay and that motion prevails we are adjourned