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Home My WebLink About05-07-07 Hastings, Minnesota City Council Minutes May 7, 2007 The City Council of the City of Hastings, Minnesota met in a regular meeting on Monday, May 7, 2007 at 7:00 PM in the Council Chambers at the Hastings City Hall, 101 East 4t" Street, Hastings, Minnesota. Members Present: Mayor Hicks, City Councilmembers Alongi, Hollenbeck, Schultz, Slavik, and Riveness Members Absent: Councilmember Hazlet Staff Present: City Administrator Dave Osberg Assistant City Administrator Melanie Mesko Lee City Attorney Shawn Moynihan Planning Director John Hinzman Building Official Tom Bakken Fire Chief Mark Holmes Assistant Fire Chief Parks & Recreation Director Barry Bernstein Approval of Minutes: Mayor Hicks asked if there were any corrections to the minutes of the regular meeting of April 16, 2007. Hearing none, the minutes were approved as presented. Proclamation—Historic Preservation Month Councilmembers Slavik and Hollenbeck read the proclamation recognizing May as National Preservation Month. Consent Agenda Moved by Councilmember Riveness, seconded by Councilmember Schultz to approve the Consent Agenda as presented. 1. Pay Bills as Audited 2. Resolution—Fireworks Sale License by Clancy's (Clancy's) 3. Resolution—Fireworks Sale License by TNT (Wal-Mart parking lot) 4. Resolution—Fireworks Sale License by TNT (Wal-Mart) 5. Resolution—Fireworks Sale License by TNT (Target) 6. Resolution—Premises Permit Renewal for Gambling by MLBA Children's Fund (River's Brill & Bar) 7. Resolution—Approval for Liquor License Amendment and Tent Permit for Papa Charrito's (June 8, July 20, July 21, 2007) 8. Resolution—Accepting Donation from Catholic Aid Association for a Tree 9. Resolution—Accepting Donation from Family of Ed McNeary for a Memorial Bench 10. Certificate of Satisfaction—Hastings Gymnastics 11. Resolution—Gambling Permit and Temporary Liquor License (St. Elizabeth Ann Seton) 12. Accept Retirement of Lynne Benson, Accountant 13. Approve Hiring of Assistant Finance Director City of Hastings May 7,2007 City Council Minutes Page 2 of 4 14. Finance Department Budget Adjustment 15. Council/Mayor Budget Adjustment 16. Parks and Recreation Department Budget Adjustments 17. 2007 First Quarter Budget Report 18. 2006 Year End Preliminary Financial Report 19. Write Off of Miscellaneous Receivables 20. Cancel Contract with TeleStaff for Fire Department Software and Authorize Contract with Celayix, Inc. for Fire Department Software 21. Accept Retirement of Mark Holmes, Fire Chief 22. Authorize Participation in Dakota County CDBG Program 23. Item Removed from Agenda 24. Resolution—Accepting Donation from KDWA Radio to the Police Department DARE Fund 25. Waive Right of Way Permit Fees—Access Communications 26. Renew Dredge Material Placement Permit off Lock& Dam Road— Corps of Engineers 27. Approve 2007 Sealcoat Program 28. Order Public Hearing—Wellhead Protection Plan on June 4, 2007 29. Order Public Hearing—Vacation of Easement#2007-17: Hastings Family Housing/ Pleasant Acres 2nd Addition 30. Authorize Signature—Right of Entry Agreement#2006-53: Pleasant Acres 2nd Addition 31. Approval for Wellness Grant Application 6 Ayes, Nays, None. Copies of resolutions on file. Award Contract—Fire Department Reroof Moved by Councilmember Schultz, seconded by Councilmember Hollenbeck to award the contract to McPhillips in the amount of$108,000 as presented. 6 Ayes, Nays, None. Award Contract—Project 2007-1: 6"' Street Area Street and Utility Reconstruction Moved by Councilmember Slavik, seconded by Councilmember Riveness to award the contract to Arcon Construction in the amount of$2,363,697.08 as presented. 6 Ayes, Nays, None. Public Hearing—Ordinance Amendment for Bulk Storage of Liquefied Petroleum Mayor Hicks opened the public hearing at 7:09 p.m. No comments were received. Mayor Hicks closed the public hearing at 7:09 p.m. Second Reading—Ordinance Amendment for Bulk Storage of Liquefied Petroleum Moved by Councilmember Hollenbeck, seconded by Councilmember Riveness to approve the ordinance as presented. 6 Ayes, Nays, None. Public Hearing—Ordinance Amendment for Hardwire Alarms Mayor Hicks opened the public hearing at 7:11 p.m. City of Hastings May 7,2007 City Council Minutes Page 3 of 4 No comments were received. Mayor Hicks closed the public hearing at 7:11 p.m. Second Reading—Ordinance Amendment for Hardwire Alarms Moved by Councilmember Alongi, seconded by Councilmember Hollenbeck to approve the ordinance as presented. 6 Ayes, Nays, None. Resolution—Preliminary Plat/Final Plat/Site Plan #2007-11: Riverwood 9t' Addition (Siewert Construction) Moved by Councilmember Alongi, seconded by Councilmember Slavik to remove the item from the table. 6 Ayes; Nays, None. Planning Director Hinzman clarified the issue regarding the park dedication fees and stated that staff and the Planning Commission recommend approval. Moved by Councilmember Schultz, seconded by Councilmember Riveness to approve the preliminary and final plat as presented. 6 Ayes, Nays, None. Moved by Councilmember Slavik, seconded by Councilmember Hollenbeck to approve the site plan as presented. 6 Ayes, Nays, None. Copy of resolution on file. Resolution—Special Use Permit#2007-15: Hot Mix Plant; Commercial Asphalt (2445 County Road 54) Moved by Councilmember Alongi, seconded by Councilmember Slavik to approve the SUP for a three year permit. 6 Ayes; Nays, none. Resolution--Special Use Permit#2007-16: Mining Permit; Tiller Aggregate(2445 County Road 54) Moved by Councilmember Riveness, seconded by Councilmember Schultz to approve the SUP as presented. 6 Ayes; Nays, none. Review Ordinance Amendment—Temporary Auto Sales in C-4 District Planning Director Hinzman stated that last year the Council approved a one- year ordinance amendment allowing temporary auto sales and he requested clarification on the status of the ordinance. The Council discussed that this item should be drafted into a proposed ordinance amendment. Any requests would still require a special use permit, and the term "year" is defined as a calendar year. Resolution--Establishing a Method for the Funding of the Lake Isabel Project City Administrator Osberg stated that the Finance Committee of the Council has the following recommendation for funding the Lake Isabel projects: • Donation by East Hastings Improvement Association (approximately $10,000); • DNR Grant (approximately $25,000); • Remaining balance: 0 50% from Ward 1 park dedication funds 0 50% from Wards 2, 3, &4 park dedication funds City of Hastings May 7,2007 City Council Minutes Page 4 of 4 Osberg noted that the park dedication funds for Wards 2, 3 &4 will be reimbursed as part of the 2008 budget process Moved by Councilmember Alongi, seconded by Councilmember Schultz to approve the resolution as presented. 6 Ayes; Nays, none. Copy of resolution on file. Resolution—Adopting a Tobacco Free Policy for the City's Parks and Outdoor Recreational Facilities Osberg stated that the resolution before the Council includes all City parks and outdoor recreational facilities; it also includes the City Hall/Police Department Public Square campus. Robert Schommer, 1323 West 17ih Street stated concern with the proposed policy and losing personal freedoms. He also questioned the ability to enforce the policy. Joan Carl, 102 Washington Street stated disagreement with the policy and concern with the impact it will have on the Lake Isabel 4m of July celebration. Kristin Magis, 1611 Meadowview Trail and a HHS student stated that the policy is not an ordinance and it does not say that people cannot smoke, but that they are not allowed to smoke in City parks and outdoor recreational facilities. Councilmember Riveness stated concern with enforcement. Councilmember Alongi stated concern with enforcement and stated that good public policy ought to have an enforcement aspect. He stated he would not support the resolution. Mayor Hicks stated support of the policy. Councilmember Slavik stated support of the policy. Moved by Councilmember Schultz, seconded by Councilmember Hollenbeck to approve the resolution as presented. 5 Ayes; Nays, one. Councilmember Alongi voting against. Department of Building Safety Report Building Official Tom Bakken provided an overview of city building inspections, code inspections, follow-up, and the spring clean up day. Adjournment Moved by Councilmember Riveness, seconded by Councilmember Schultz to adjourn meeting at 8:03 p.m. 6 Ayes, Nams. None. Paul J. Hick Melanie Mesko Lee Mayor City Clerk