City Council November 2, 2020
0:00- Call to Order
2:20- Moment of Silence: Former City Admin Gary Brown
3:00- Comments From Audience
3:53- Consent Agenda
4:35- Historic Apartment Conversion- Bauer (321 E. 6th St.)
11:09- Appointment of John Townsend as Fire Chief
15:25- Announcements
Closed Door Session
[0:00] **Mary Fasbender:** The council, city staff, or public at the regular meeting location in the city council chambers is not feasible due to the COVID-19 pandemic and closure of city hall to members of the public. As a result of the foregoing, the special city council meeting will be conducted solely by telephone or other electronic means as provided in Minnesota Statutes 13D.021, and no in-person meeting will be conducted in the city council chambers. It is important to recognize that using a video conference is not as good as an in-person meeting, but it is necessary under the circumstances. We are doing the best we can to maintain transparency and due process.
[0:45] **Mary Fasbender:** I would appreciate everyone's patience and cooperation as we work through the meeting. Please stand for the Pledge of Allegiance. 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. Okay council, seeing the meeting is being held remotely, when I call your name please indicate your presence. Councilmember Balsanek?
[1:22] **Joe Balsanek:** Here.
[1:23] **Mary Fasbender:** Councilmember Braucks?
[1:25] **Lori Braucks:** Here.
[1:27] **Mary Fasbender:** Councilmember Folch?
[1:30] **Tina Folch:** Here.
[1:33] **Mary Fasbender:** Councilmember Leifeld?
[1:35] **Lisa Leifeld:** Here.
[1:37] **Mary Fasbender:** Councilmember Lund?
[1:39] **Trevor Lund:** Here.
[1:41] **Mary Fasbender:** And Councilmember Vaughan?
[1:43] **Mark Vaughan:** Here.
[1:45] **Mary Fasbender:** Let the roll reflect that all council members are present and a quorum has been established tonight. Before we start, we're going to have a moment of silence for the former city administrator of Hastings, Gary Brown, who passed away. Gary served the City of Hastings from 1983 to 1988, so let us give him a moment of silence.
[2:21] **Mary Fasbender:** Thank you, and our sympathies go out to Gary's family. Council members, are there any corrections to the minutes of the workshop and the regular meeting of October 19th? Seeing none, they are approved. Comments from the audience: for public comments, we have options for comments to be emailed prior to the meeting as well as an interaction feature during the meeting. For the email comments, they have been forwarded to the city council and their receipt is acknowledged. Please recognize that items not on the agenda will not be discussed this evening. We ask the attendees use the "raised hand" feature.
[3:06] **Mary Fasbender:** And then we'll be invited to speak one at a time. I don't think I'm seeing anyone that wishes to speak to the council at this time. Okay, Council, are there any items to be considered? Okay Council, I would accept a motion to approve the consent agenda.
[3:33] **Tina Folch:** Motion to approve.
[3:35] **Mary Fasbender:** Councilmember Folch. Second?
[3:37] **Lisa Leifeld:** Second, your Honor.
[3:39] **Mary Fasbender:** And Councilmember Leifeld second. Council, do you have any discussion? Clerk Flatten, please call the roll.
[3:52] **Clerk Flatten:** Member Vaughan?
[3:54] **Mark Vaughan:** Yes.
[3:55] **Clerk Flatten:** Member Folch?
[3:57] **Tina Folch:** Yes.
[3:58] **Clerk Flatten:** Member Balsanek?
[4:00] **Joe Balsanek:** Yes.
[4:01] **Clerk Flatten:** Member Braucks?
[4:03] **Lori Braucks:** Yes.
[4:04] **Clerk Flatten:** Member Leifeld?
[4:06] **Lisa Leifeld:** Yes.
[4:07] **Clerk Flatten:** Member Lund?
[4:09] **Trevor Lund:** Yes.
[4:10] **Clerk Flatten:** Mayor Fasbender?
[4:12] **Mary Fasbender:** Yes, and that motion prevails. Thank you. Tonight under Community Development, for this item we will have an introduction by Community Development Director John Hinzman to tell us about the historic apartment conversion on 321 East 6th Street. Welcome, John.
[4:41] **John Hinzman:** Thank you Madam Mayor and city council members. Tonight before you we have two actions related to an historic apartment at 321 6th Street East. I will go through those and share my screen here to provide a little more detail on the application. So, we are looking at the old convent building here, 321 East 6th Street. Formerly it was used as Harbor Shelter; it's been around since 1950. It's a 9,400 square foot building. The Bauers, Mike and Amy Bauer, are proposing to reuse the building as what's termed a historic apartment.
[5:15] **John Hinzman:** This would be the conversion of this structure into nine units altogether. Council may recall that last year we adopted a special provision within the city code to allow for some greater flexibility within larger historic structures within the city. Structures over a certain size were given the opportunity to have more units within them, and this is our first application to come under that provision. So we're looking at the special use permit to provide for this increased density within this apartment building here, which would be nine units.
[5:42] **John Hinzman:** The other would be a variance to the minimum parking standards to construct 17 parking spaces rather than 18, so that would be a deficiency of one parking space within the structure itself. I'll go through some background information and then look at both those individually here. This is the property we're looking at here, and as we move on here, the front of the property and the rear area right now, which was used in the past as a kind of sports court area—this will be converted into a parking lot.
[6:15] **John Hinzman:** The site plan would look like here; the parking lot would come off of the alley to the north and provide 17 parking spaces here including a handicap spot. And then the existing building would be subdivided into a variety of studio units, two single-family units, and four double-bedroom units and one triple-bedroom. So a variety of different units. These apartments would be, I would term, general use apartments. This is not being proposed as any type of a facility for treatment as has been proposed and suggested for this property in the past.
[7:00] **John Hinzman:** We did have this application—both the variance and the special use permit—run before our Planning Commission as well as the Heritage Preservation Commission. Both those commissions did recommend unanimously approval of the applications before you tonight. We did have one question come up from someone who was in opposition of the request; they had concerns that noise and other disturbances similar to the Harbor Shelter, the former occupant, could occur on the property. During the public hearing that was held at Planning Commission, we did not receive anyone speaking at the meeting for or against the item.
[7:40] **John Hinzman:** So when we take a look at the apartment itself, it meets the requirements of our special use permit and provides for some flexibility of use within the structure, so staff is supportive of that. From a variance standpoint, we have a requirement for two parking spaces per unit, so that would require 18 spaces. The 17 spaces here—we are recommending approval of that variance based upon the limited ability for this site to be able to accommodate that number of parking spaces.
[8:15] **John Hinzman:** Looking at the type of units that are being provided, with studio units in particular, studio units are not likely to generate two cars per unit. An efficiency unit is not generally going to have two occupants and two vehicles, so we are recommending approval of both those actions. I will note the applicant is present tonight if you have any questions for him. I also note that both of these actions do require approval by six of seven council members, and I can stand for any questions.
[8:44] **Mary Fasbender:** Okay, thank you John. Council, any questions or discussion?
[8:53] **Mary Fasbender:** Okay, then Council, I would accept a motion approving a resolution adopting written findings of fact, conclusions, and decision of the City Council of the City of Hastings acting on the Board of Adjustment and Appeals, granting a special use permit for a historic apartment in an R2 zoning district located at 321 6th Street East.
[9:17] **Tina Folch:** So moved, your Honor.
[9:18] **Mary Fasbender:** Councilmember Folch.
[9:19] **Lori Braucks:** Second.
[9:20] **Mary Fasbender:** And Councilmember Braucks second. Any other discussion, Council? Does this include the variance? This is not—this will come up next. Clerk Flatten, please call the roll.
[9:35] **Clerk Flatten:** Member Vaughan?
[9:36] **Mark Vaughan:** Yes.
[9:37] **Clerk Flatten:** Member Folch?
[9:39] **Tina Folch:** Yes.
[9:40] **Clerk Flatten:** Member Balsanek?
[9:41] **Joe Balsanek:** Yes.
[9:42] **Clerk Flatten:** Member Braucks?
[9:43] **Lori Braucks:** Yes.
[9:44] **Clerk Flatten:** Member Leifeld?
[9:45] **Lisa Leifeld:** Yes.
[9:46] **Clerk Flatten:** Member Lund?
[9:47] **Trevor Lund:** Yes.
[9:48] **Clerk Flatten:** Mayor Fasbender?
[9:49] **Mary Fasbender:** Yes, and that motion prevails. John, did you want to speak any more to the variance?
[9:55] **John Hinzman:** No, Madam Mayor, I'm good unless you have any questions.
[9:58] **Mary Fasbender:** Okay, Council, any discussion? I would accept a motion to approve the variance.
[10:11] **Mark Vaughan:** So moved.
[10:12] **Mary Fasbender:** Okay, Councilmember Vaughan. And second?
[10:15] **Lisa Leifeld:** Second.
[10:16] **Mary Fasbender:** Lisa Leifeld. Any other discussion, Council, on this? Clerk Flatten, please call the roll.
[10:24] **Clerk Flatten:** Councilmember Vaughan?
[10:25] **Mark Vaughan:** Yes.
[10:26] **Clerk Flatten:** Member Folch?
[10:27] **Tina Folch:** Yes.
[10:28] **Clerk Flatten:** Member Balsanek?
[10:29] **Joe Balsanek:** Yes.
[10:30] **Clerk Flatten:** Member Braucks?
[10:31] **Lori Braucks:** Yes.
[10:32] **Clerk Flatten:** Member Leifeld?
[10:33] **Lisa Leifeld:** Yes.
[10:34] **Clerk Flatten:** Member Lund?
[10:35] **Trevor Lund:** Yes.
[10:36] **Clerk Flatten:** Mayor Fasbender?
[10:37] **Mary Fasbender:** Yes, and that motion prevails. Thanks, John.
[10:41] **John Hinzman:** Thank you.
[10:43] **Mary Fasbender:** Tonight under Administration, we have the appointment of John Townsend as our Fire Chief. For this item, we will have an introduction by City Administrator Dan Wietecha. Welcome, Dan. And welcome, John.
[11:01] **Dan Wietecha:** Thank you. Um, as you know, John has been with the department for about 20 years now, initially starting paid-on-call. 13 years ago, he moved into a full-time role as Assistant Chief. He's also served as the Fire Marshal. This past year—a little over a past year—has been extra interesting; he's been in the Acting Chief role. And I really see it—unintentionally—but a 12-month job interview, and I have been very pleased with the work that he's done in the department over the past year.
[11:45] **Dan Wietecha:** He has been updating some policies such as mutual aid agreements or helmet color protocols, making more substantive changes with how we respond to the station, partly in response to COVID, partly with an eye to the future, putting in place duty crews. He definitely has made changes and improvements in the communication and culture within the department, but also outside the department, whether it's with other areas of the city and also with Regina Hospital. So I am very excited at what John has done and recommend that we appoint him Fire Chief effective tomorrow.
[12:35] **Dan Wietecha:** Obviously, we've had some discussion over the past couple of months about making sure we have a process for this, and we did that. We consulted with other departments, we consulted with firefighters themselves, we had an interview last week with the Public Safety Committee, and repeatedly it came up that he can do the job, he is doing the job, and there is confidence in his doing it in the future. With that, I can stand for any questions. John can certainly stand for questions also, but the recommendation is that you would appoint him effective tomorrow.
[13:20] **Mary Fasbender:** Thank you, Dan. Council, any discussion? Well, John, in about 30 seconds you'll be our new Fire Chief, and we appreciate everything that you've done and will continue to do for our community, and we look for great things from you to continue.
[13:45] **Lisa Leifeld:** Your Honor, I would like to make a motion to accept the appointment of John Townsend as our new Fire Chief in the City of Hastings.
[13:54] **Mary Fasbender:** We have a motion and lots of seconds. Good. Okay, any other discussion? Clerk Flatten, please call the roll.
[14:04] **Clerk Flatten:** Councilmember Vaughan?
[14:05] **Mark Vaughan:** Yes.
[14:06] **Clerk Flatten:** Councilmember Folch?
[14:07] **Tina Folch:** Yes.
[14:08] **Clerk Flatten:** Councilmember Balsanek?
[14:10] **Joe Balsanek:** Congratulations, John. Yes.
[14:13] **Clerk Flatten:** Councilmember Braucks?
[14:14] **Lori Braucks:** Yes.
[14:15] **Clerk Flatten:** Councilmember Leifeld?
[14:17] **Lisa Leifeld:** Yes.
[14:18] **Clerk Flatten:** Councilmember Lund?
[14:19] **Trevor Lund:** Yes.
[14:20] **Clerk Flatten:** Mayor Fasbender?
[14:22] **Mary Fasbender:** Yes. Welcome, John.
[14:25] **John Townsend:** Thanks for all you do. Thanks for the opportunity.
[14:28] **Mary Fasbender:** You are so welcome. Okay, and that motion prevails. First, we'll do any reports and announcements, then we'll go into closed session. After that, we'll have a brief return for an adjournment. Any council members have any announcements? Okay, I have a few. Of course, tomorrow, Tuesday, November 3rd, is Election Day. Polls open 7 a.m. to 8 p.m.
[15:10] **Mary Fasbender:** Tomorrow night, compost your pumpkin at our pumpkin drop-off from 3:00 on Friday, November 6th to 8 p.m. on Sunday, November 8th. Please remove any paint, candles, wax, or other non-organic materials. The location is at the Dakota County Transportation Shop, which is 900 County Road 47. With request, honor, and gratitude, we recognize our military veterans. Veterans Day is Wednesday, November 11th. City offices will be closed November 11th in observation of Veterans Day.
[15:55] **Mary Fasbender:** At noon, Thursday, November 12th, the Hastings Business Getting Energy Smarter is a webinar overview of the Energy Smart program for businesses to conserve energy and reduce overhead. The webinar is co-hosted by the City of Hastings and Xcel Energy's Partners in Energy. Register on the city website. Our meetings coming up are Monday, November 9th, the Planning Commission will meet. Tuesday, November 12th, 6 p.m., HEDRA will meet. And Monday, November 16th, City Council will have a budget workshop with our council meeting starting at 7:00 p.m.
[16:53] **Joe Balsanek:** Your Honor, I have just one quick announcement for me. I have a 911 DCC Board of Directors meeting on Thursday the 12th.
[17:01] **Mary Fasbender:** Okay, thank you Councilmember Balsanek. Any other? Okay, at this time we will close our session to discuss pending litigation. Council for the city and George Hoff has asked for the City Council meeting to enter a closed session for an attorney-client privilege discussion.