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City of Hastings July 6, 2009 City Council Minutes Page 2 Of 3 12. Authorize Advertisement for Bids -Adams Street/East Hastings Lift Station Replacement 13. Approve Appointment of Planning Commissioner 14. Solicit Bids for East 4~' Street Paving 15. Transfer of Funds-Police Department Public Hearing-Ordinance Amendment Relating to Liquor License Compliance CI-ecks and Presumptive Penalty Process, and Best Practices Business Policy Mesko Lee introduced the item and stated that no comments from the public have been received by staff at this time. Mayor Hicks opened the public hearing at 7:09 p.m. Hearing no comments, Mayor Hicks closed the public hearing at 7:09 p.m. Second Reading/Ordinance Amendment Relating to Liquor License Compliance Checks and Presumptive Penalty Process, and Best Practices Business Policy Councihnember Elling Schultz stated that this policy is an opportunity for the City to work cooperatively with the business community to reduce sales to minors. There was discussion on how the information will be updated. Staff proposes to include information about participation and recertification annually during license renewal periods. Moved by Councilmember Elling Schultz, seconded by Councihnember Hollenbeck to approve the ordinance amendment as presented. 6 Ayes; Nays, none. Request to Reconsider Request to Amend Liquor License at Rivertown Days City Attorney Fluegel noted that a request to reconsider must be made by a member who had previously voted in the prevailing side of the previous vote. Moved by Councilmember Slavik, seconded by Councilmember Nelson to reconsider previous action by the City Council to establish a midnight end time for the musical performance at DuGarel's on July 17 and 18, 2009. Councilmember Slavik stated that the situation was alose/lose one for both City and business owner. He stated that he would like to see additional coordination between the licensees and City on these types of requests, and that he would support a consistent end time set in ordinance. Nelson stated that there was not enough notice given regarding the change. Alongi stated that he supported the decision made previously, and that it is poor practice to reconsider decisions made in good faith. Alongi stated that additional advance planning can be done so that similar future requests are presented in further advance. Elling Schultz stated that the consistent midnight end time was an effort to establish consistency. Mayor Hicks stated that while previous years' requests may have been granted, the City makes decisions based on the information that is available at the time. Current information available suggests that a uniform end time is recommended. A motion to reconsider is a very important and significant decision. Hicks also stated that only the music is ending at midnight and that service in the tent is still available until 1:00 a.m. A roll call vote was taken on the motion to reconsider. 2 Ayes (Slavik, Nelson); 4 Nays (Alongi, Hicks, Elling Schultz, and Hollenbeck) Motion to reconsider fails. Accept Proposal for Storm Water Utility Study Egger introduced the item and recommended the proposal from WBD for $34,200 be approved as presented. There was discussion on what the consultant's role would be, and Egger stated that they will assist with detail information on utility rate structure recommendations.