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Hastings, Minnesota
City Council
July 6, 2009
The City Council of the City of Hastings, Minnesota met in a regular meeting on
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Monday, July 6, 2009 at 7:00 PM in the Council Chambers at the Hastings City Hall, 101 East 4
Street, Hastings, Minnesota.
Members Present:
Mayor Hicks, City Councilmembers Alongi, Elling Schultz Hollenbeck,
Slavik, and Nelson
Members Absent:
Councilmember Balsanek
Staff Present:
City Administrator Dave Osberg
City Attorney Dan Fluegel
Assistant City Administrator Melanie Mesko Lee
Planning Director John Hinzman
City Engineer Nick Egger
Approval of Minutes
Mayor Hicks asked if there were any corrections or additions to the minutes of the
regular or special meetings on Monday, June 15, 2009 or the special meeting on Monday, June
29, 2009. Hearing none, the minutes were approved as presented.
Presentation—Recognition of Planning Commissioner Greg Schmitt
Schmitt was thanked for his contribution to the planning commission.
Council Items to be Considered
Planning Director Hinzman stated that Donald Slaten is recommended to be appointed to
the Planning Commission (Consent Agenda Item #13).
Moved by Councilmember Alongi, seconded by Councilmember Slavik to amend the
consent agenda as presented.
6 Ayes; Nays, none.
Consent Agenda
Moved by Councilmember Alongi, seconded by Councilmember Nelson to approve the
Consent Agenda as amended.
6 ayes; Nays, None.
Pay Bills as Audited
1.
Resolution—Approve Massage License for Kevin Elzia at Caring Hands Massage (427
2.
Vermillion Street)
Resolution—Approve Massage License for Michael Cline at Caring Hands Massage (427
3.
Vermillion Street)
Declare as Excess: Police Equipment
4.
Resolution—Accept $100 Donation from Hastings Rivertown Lions Club to Hastings Police
5.
Department Crime Prevention Program
Resolution—Accept $50 Donation from MOM’s Club of Hastings-West to Hastings Park &
6.
Recreation Department Youth First Program
Resolution—Accept $1,500 Donation from East Hastings Improvement Association to
7.
Hastings Park & Recreation Department for a Flagpole at Lake Isabel
Approve 2009 Rivertown Days Agreement
8.
Approve Appointment of new HPC Commissioner
9.
Approve Marketplace West/Xcel Energy Street & Utility Easement Agreement
10.
Authorize Advertisement for Bids – Hwy 55 Ground Storage Tank Painting
11.
City of Hastings July 6, 2009
City Council Minutes Page 2 0f 3
Authorize Advertisement for Bids – Adams Street/East Hastings Lift Station Replacement
12.
Approve Appointment of Planning Commissioner
13.
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Solicit Bids for East 4 Street Paving
14.
Transfer of Funds—Police Department
15.
Public Hearing—Ordinance Amendment Relating to Liquor License Compliance Checks
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
Councilmember 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 Councilmember 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 a lose/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.
City of Hastings July 6, 2009
City Council Minutes Page 2 0f 3
Moved by Councilmember Elling Schultz, seconded by Councilmember Alongi to accept the
proposal as presented.
6 Ayes; Nays, none.
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Resolution—Variance/OHDS Review #2009-18: Home Addition – 504 West 3 Street
(Lehmann)
Moved by Councilmember Alongi, seconded by Councilmember Slavik to approve the
variance resolution as presented.
6 Ayes; Nays, none.
Moved by Councilmember Slavik, seconded by Councilmember Nelson to approve the
OHDS review as presented.
6 Ayes; Nays, none.
Announcements
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Slavik announced a special meeting of the DCC on July 8 to discuss the 2010 funding
formula review
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Alongi announced the HEDRA meeting on July 9 at 6 p.m.
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Hollenbeck provided an update on Red Rock and the High Speed Rail Commission
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Mayor Hicks, on behalf of the City Council, thanked the staff who voluntarily furloughed
time in 2009 as a budget saving measure.
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Hicks thanked the American Legion for the donation of the American and Minnesota flags
for presentation in the Council chambers.
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The Council wished the community an enjoyable Rivertown Days.
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The bridge type selection will be announced on July 14.
Adjournment
Moved by Councilmember Slavik, seconded by Councilmember Nelson to adjourn the
meeting at 7:52 p.m.
6 Ayes; Nays, none.
_______________________________ _________________________
Paul J. Hicks Melanie Mesko Lee
Mayor City Clerk