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Home My WebLink About20090817 - CCMinutes 20090803 Hastings, Minnesota City Council August 3, 2009 The City Council of the City of Hastings, Minnesota met in a regular meeting on Monday th August 3, 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 Slavik, Alongi, Balsanek, Nelson, Elling Schultz and Hollenbeck. Members Absent: None Staff Present: City Administrator Dave Osberg City Attorney Dan Fluegel Assistant City Administrator Melanie Mesko Lee Planning Director John Hinzman Associate Planner Justin Fortney Public Works Director Tom Montgomery City Engineer Nick Egger Public Works Superintendent John Zgoda Park and Recreation Director Barry Bernstein Approval of Minutes Mayor Hicks asked if there were any corrections or additions to the minutes of the regular City Council meeting on July 20, 2009. Hearing none, the minutes were approved as presented. Presentation—Beyond the Yellow Ribbon Dean Markusen spoke to the efforts being made by Beyond the Yellow Ribbon organizers to support those involved with military deployments. Mayor Hicks and the Council thanked Mr. Markusen for his work on this important issue. Consent Agenda Osberg requested that Item #12—Accept Quotes and Authorize Work: 2009 Pavement Marking Program be removed from the agenda, as the quotes came back higher than the budget and staff is reviewing the project. Moved by Councilmember Nelson, seconded by Councilmember Balsanek to approve the Consent Agenda as amended. 7 ayes; Nays, None. Pay Bills as Audited 1. Resolution—Accept $600 Donation from the Graduating Class of 1959 to the City’s Parks & 2. Recreation Department for Purchase of a Park Bench Resolution— Accept Donation of a US Flag from the Hastings VFW to the City’s Parks & 3. Recreation Department for Use in a City Park Resolution—Schedule Public Hearing for September 21, 2009 Regarding Highway #61 4. Bridget Project Municipal Consent Resolution—Approving Raffle Permit Request for Regina Medical Center 5. Resolution—Approve Development Extension #2007-9: Crossroads Center East Final Plat 6. MnDOT Request for Temporary Mississippi River Flood Level Increase 7. C & G Homes Utility Agreement 8. Resolution—Approve Liquor License Amendment for the Green Mill to Allow an Outdoor 9. Tent with Music and a Car Show on August 22, 2009 City of Hastings August 3, 2009 City Council Minutes Page 2 of 4 Declare IT Items Excess Property and Authorize Sale or Disposal of Items 10. Approve Transfer of Funds From C. Simmons Trust to the LeDuc Mansion Operations Fund 11. Accept Quotes and Authorize Work – 2009 Pavement Marking Program 12. Award Contract—2009 Industrial Park Street and Utility Reconstruction Project City Engineer Egger recommended the contract be awarded to Northwest Asphalt in the amount of $2,229,790.98 with alternative items as presented in the staff report. Moved by Councilmember Slavik, seconded by Councilmember Alongi to award the contract as presented. 7 Ayes; Nays, None. Award Contract—2009 Ground Storage Tank Repainting Public Works Director Montgomery recommended the contract be awarded to Atcon in the amount of $85,850. Moved by Councilmember Elling Schultz, seconded by Councilmember Hollenbeck to award the contract as presented. 7 Ayes; Nays, None. Award Contract—2009 East Hastings Lift Station Replacement City Engineer Egger recommended the contract be awarded to Minger Construction in the amount of $160,506.25. Moved by Councilmember Nelson, seconded by Councilmember Alongi to award the contract as presented. 7 Ayes; Nays, None. Award Contract—2009 Trail Maintenance Annual Program Parks & Recreation Director Bernstein recommended the contract be awarded to Asphalt Contractors, Inc in the amount of $28,939.98. Councilmember Nelson requested that the issue of grading the Sunny Acres trail portion be addressed at the end of the meeting. Moved by Councilmember Slavik, seconded by Councilmember Elling Schultz to award the contract as presented. 7 Ayes; Nays, None. Public Hearing—Ordinance Amendment #2009-08: Keeping of Chickens Planning Director Hinzman introduced the item and stated the Planning Commission recommended approval on a 5-2 vote. Mayor Hicks opened the public hearing at 7:27 p.m. th John Schutt, 1020 West 14 Street, stated opposition to chickens being permitted in the residential zoning district, citing smell, enforcement and health concerns. Brian Jones, 1573 Stonegate Road, stated opposition to chickens being permitted in the residential zoning district, citing enforcement, smell, staff cost concerns. Mike Kilmer, 1189 Western Court, stated support to chickens being permitted in the residential zoning district, stating that the safeguards proposed in the ordinance would help prevent against some of the concerns expressed. Kilmer stated that he would like the 350’ notification requirement removed from the proposed ordinance. Tim Lowing, 1187 Western Court, stated support to chickens being permitted in the residential zoning district. Mike Kelley, 1557 Stonegate Road, stated opposition to chickens being permitted in the residential zoning district, citing inappropriate use in this district and concerns with compliance. rd Vicky Pasch, 510 West 3 Street, stated support to chickens being permitted in the residential district, stating that she currently has chickens at another property and many of the concerns expressed would not occur with the current limitations in the proposed ordinance. Hearing no further comments, Mayor Hicks closed the public hearing at 7:55 p.m. City of Hastings August 3, 2009 City Council Minutes Page 3 of 4 Second Reading/Ordinance Amendment #2009-08—Keeping of Chickens Councilmember Alongi stated support with the request for chickens in the PI District, which would allow the LeDuc Mansion to have them as part of an historical interpretation on the property. Alongi stated that he does not support chickens in the residential district, citing concerns with future requests for other farm animals and other long term maintenance and compliance issues. Councilmember Elling Schultz stated that she is not supportive of chickens in residential districts. She stated support for the request in the PI district. Councilmember Balsanek stated that he does not support chickens in the residential district. Balsanek expressed some concerns about permitting them in the PI district, citing a desire to have a long-term proposal by the LeDuc Mansion for what type of other animal requests they may be requesting in the future. Councilmember Slavik stated that he would be supportive of chickens in the PI district to see how it will work. Slavik stated that LeDuc provided good information on their intentions with the site. Councilmember Nelson requested some information about notification, and some other procedural questions. Councilmember Hollenbeck stated support for chickens being permitted in the PI district, but not the residential district. Mayor Hicks stated that he would not support a request for chickens in the residential district. Hicks stated support for the ordinance amendment applying to the PI district to allow the LeDuc to be able to expand its educational initiatives. Moved by Councilmember Alongi, seconded by Councilmember Nelson to reject the ordinance amendment as proposed. 7 Ayes; Nays, none. Moved by Councilmember Alongi, seconded by Councilmember Elling Schultz to direct staff to redraft the ordinance amendment to permit chickens only within the PI zoning district. Moved by Councilmember Balsanek to amend the motion to direct staff to look at all forms of farm livestock as part of their review. The motion was withdrawn. 6 Ayes; Nays, one. Councilmember Balsanek voting against. Accept Quotes – 2009 Parks and Public Works Departments Joint Purchase of Replacement Tanker/Flusher Truck Moved by Councilmember Slavik, seconded by Councilmember Hollenbeck to approve the quote as presented. 7 Ayes; Nays, none. Adopt Change Order Policy for 2009 Industrial Park Street and Utility Reconstruction Project Moved by Councilmember Elling Schultz, seconded by Councilmember Slavik to approve the policy amendment as presented. 7 Ayes; Nays, none. New Business Councilmember Nelson requested that staff look into whether the Sunny Acres Trail could be completed in 2009 and report back at the August 17 Council meeting. Announcements ? EDRA will hold a workshop on Thursday, August 6 from 1-4 p.m. at City Hall. ? Finance Committee will meet on Thursday, August 6 at 5:00 p.m. at City Hall City of Hastings August 3, 2009 City Council Minutes Page 4 of 4 ? Councilmember Hollenbeck provided an update on the Red Rock Corridor project and advised that a presentation will likely occur at the August 17 Council meeting. The next committee meeting is August 27, 2009. ? Mayor Hicks created an ad hoc Red Rock/Transportation Committee of the Council. Councilmember Hollenbeck will chair, and Elling Schultz and Alongi will also serve. ? Tuesday, August 4 is Nite to Unite (National Night Out) ? The VFW was thanked for their donation of a flag. Adjournment Moved by Councilmember Alongi, Seconded by Councilmember Nelson to adjourn the meeting at 8:54 p.m. __________________________________ ________________________________ Paul J. Hicks Melanie Mesko Lee Mayor City Clerk