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Home My WebLink About07-07-03Hastings, Minnesota July 7, 2003 The City Council of the City of Hastings, Minnesota met in a regular meeting on Monday July 7, 2003 at 5:30 PM, in the Volunteer Room at the Hastings City Hall, 101 East 4th, Street, Hastings, Minnesota. Members Present: Mayor Mike Werner, City Councilmembers Hazlet, Hicks, Riveness, Moratzka, Schultz, Yandrasits Members Absent: None Staff Members Present: City Administrator Dave Osberg Administrative Assistant/City Clerk Melanie Mesko Lee City Attorney Shawn Moynihan Planning Director John Hinzman HRA Director John Grossman Approval of Minutes Mayor Wemer asked if there were any corrections or additions to the minutes of the regular meeting of June 16, 2003 or the special meeting of June 23, 2003. Hearing none, the minutes were approved as presented. Council Items to be Considered Moved by Councilmember Hicks, seconded by Councilmember Yandrasits to add Request to Grade South Oaks 2nd Addition Prior to Preliminary Plat Approval as Item #9 of the Consent Agenda. 7 Ayes; Nays, none. Consent Agenda Councilmember Yandrasits requested that Item #7--Approve 2003 Rivertown Days Agreement, be moved to Administration for discussion. Moved by Councilmember Yandrasits, seconded by Councilmember Hicks, to approve the Consent Agenda as amended. 7 Ayes; Nays, None. 1. Pay Bills As Audited 2. Resolution--Approve Renewal of Gambling Premises Permit for Knights of Columbus 3. Accept Retirement Notifications a. Pat Orman b. Mary Jo Anderson 4. Appoint Planning Commissioner--Greg Schmitt 5. Resolution-Award Contract--2003 Sealcoat Program 6. 2003 Budget Adjustments 7. Approve 2003 Rivertown Days Agreement 8. Authorization to Hire Part-Time Clerical Staff 9. Approve 2003 Rivertown Days Agreement Copy of resolutions on file. Minutes of the Regular Meeting of July 7, 2003 Page 2 of 4 Public Hearing--Liquor License Fees Mayor Werner opened the public hearing at 7:03 p.m. Sara Udig, RJ's Tavern, stated opposition to the fee increase. She said that the City had not complied with the 30-day notification requirement by state statute and that the costs of running an establishment with a liquor license are already high, citing insurance costs. Ms. Udig also stated that the Department of Public Safety, Alcohol & Gambling Enforcement (AGE) told her that the City could not increase the fees after the license year had started. Administrative Assistant/City Clerk Mesko Lee stated that the City did comply with the notification requirement; the City Council ordered a public hearing for July 7 on June 3, 2003 and staff sent out notification after that was ordered. She also stated that the proposed fees are comparable to surrounding communities and communities of similar size. Mesko Lee also stated that the information provided to her by AGE does not prohibit cities from changing license fees during a license year as long as the notification requirements have been met. Phil Biermaier, Papa Charrito's, questioned when the notices were sent out. Mesko Lee stated that the notifications were mailed out the week of the June 3 Council meeting at which the City Council ordered the public hearing. Hearing no further public comments, Mayor Werner closed the public hearing at 7:05 p.m. Resolution--Approve 2003~2004 Liquor License Fees Moved by Councilmember Yandrasits, seconded by Councilmember Hazlet to approve the fee increase as presented, from $2,900 to $3,400 annually for an on-sale liquor license. 7 Ayes; Nays, none. Copy of resolution on file. Public Hearing--City Code Amendment #2003-38: Downtown Master Plan Zoning Mayor Werner opened the public hearing at 7:15 p.m. Planning Director Hinzman stated that no rezoning requests are to be considered as part of this action; Council is asked only to consider text changes to the zoning code. Bess Freeman, 522 Lea Street, read a petition signed by many of the residents of "East Hastings" opposed to the rezoning and r. equesting that their section be removed from the plan. Clarence Chapman, 614 East 3r° Street, stated opposition to the plan. Pete Likes, 3000 East 4th Street, stated opposition to the plan. Ryan Berg, 703 East 2nd Street, stated opposition to the plan. Hearing no further public comments, Mayor Werner closed the public hearing at 7:05 p.m. Second Reading--City Code Amendment #2003-38: Downtown Master Plan Zoning Councilmember Yandrasits stated that while she supports the plan, it is clear that the residents east of the railroad tracks are opposed to it applying to them. The Council discussed how to modify the plan to exempt the "East Hastings" residents opposed to the master plan provisions. Moved by Councilmember Yandrasits, seconded by Councilmember Moratzka to approve the Downtown Master Plan Zoning ordinance amendment, with the exception of any portion east of the railroad tracks. 7 Ayes; Nays, none. 7:36--7:41 p.m.--Five Minute Recess Minutes of the Regular Meeting of July 7, 2003 Page 3 of 4 Public Hearing--Designation of 502 West 7th Street as Heritage Preservation Site HRA Director Grossman stated that the HPC has recommended this property for designation. The property owners, Patrick and Susan Mancino, oppose the designation. The Planning Commission recommended denial of the designation. The State Historic Preservation Office does not support designation. Mayor Werner opened the public hearing at 7:41 p.m. Susan Mancino, 502 West 7th Street, read a statement opposing the designation. Hearing no further public comments, Mayor Werner closed the public hearing at 7:52 p.m. Designation of 502 West 7th Street as Heritage Preservation Site Councilmember Yandrasits stated her support in recognizing the work that has gone into the evaluation of this property for designation. She stated that this type of designation contributes to the value of a property as well as the neighborhood, and that she would not support the denial of the designation. Councilmember Riveness stated that while he agrees with the intent of Councilmember' Yandrasits' statement, he feels that the designation is not appropriate due to the mistiming of the designation consideration and the issuance of a building permit. HRA Director Grossman stated that of the approximately 60 properties identified in 1994 as potential HPC sites, there are approximately 15-20 left to be considered. Moved by Councilmember Riveness, seconded by Councilmember Moratzka to deny the designation of 502 West 7th Street as a Heritage Preservation Site 6 Ayes; Nays, one, Councilmember Yandrasits voting against. Resolution--Minor Subdivision/Variance #2003-45: 1908A Eddy Street Moved by Councilmember Schultz, seconded by Councilmember Hazlet to approve the resolution as presented. 7 Ayes; Nays, none. Copy of resolution on file. First Reading (Continued)--Ordinance Amendment: Chapter 10.23-24~lndustrial Park Uses Moved by Councilmember Yandrasits, seconded by Councilmember Hicks to approve the first reading as presented. 7 Ayes; Nays, none. Approve Temporary Provisions for Outdoor Social and Concert for July 18, 2003-- Coliseum Bar & Grill This item was removed from the agenda on request of the applicant. Request for RV and Trailer Parking Variance Moved by Councilmember Yandrasits, seconded by Councilmember Schultz to deny the request for a variance to the City's parking ordinance. 7 Ayes; Nays, none. Approve 2003 Rivertown Days Agreement Councilmember Yandrasits expressed concern over local businesses being penalized by the vendor requirement in the agreement. She requested that staff work with the Chamber of Commerce and the Downtown Business Association to clarify how this provision impacts local downtown businesses. Minutes of the Regular Meeting of July 7, 2003 Page 4 of 4 Moved by Councilmember Yandrasits, seconded by Councilmember Schultz to approve the 2003 Rivertown Days Agreement as presented. Comments from Audience: George Werner, owner of The Coliseum Bar & Grill, requested Council consideration of adopting a 2:00 a.m. bar closing time as permitted by state statute. Adjournment Moved by Councilmember Schultz, seconded by Councilmember Moratzka to adjourn the meeting at 8:25 p.m. 7 Ayes; Nays, None. Mayor ATTEST City Clerk