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Home My WebLink About20071119 - Minutes 20071105Hastings, Minnesota City Council Minutes November 5, 2007 The City Council of the City of Hastings, Minnesota met in a regular meeting on Monday, November 5, 2007 at 7:00 PM in the Council Chambers at the Hastings City Hall, 101 East 4~' Street, Hastings, Minnesota. Members Present: Acting Mayor Riveness, City Couucilmembers Alongi, Hazlet, Hollenbeck, Schultz and Slavik Members Absent: Mayor Hicks, Councilmember Staff Present: City Administrator Dave Osberg City Attorney Dan Fluegel Assistant City Administrator Melanie Mesko Lee Planning Director John Hinzman Public Works Director Tom Montgomery City Engineer Nick Egger HRA Director John Grossman Finance Director Char Stark Approval of Minutes: Acting Mayor Riveness asked if there were any corrections to the minutes of the regular meeting on October 15, 2007. Hearing none, the minutes were approved as presented. Consent Agenda Moved by Councilmember Alongi, seconded by Councilmember Hazlet to prove the Consent Agenda as presented. 1. Pay Bills as Audited 2. 2007 Gobble Gait 3. Resolution-Support of Delta Queen 4. Declare Excess Property-Police Department 5. Resolution-Accepting Donation from Bless Hastings to Police Deparhnent 6. Resolution-Accepting Donation from Bless Hastings to Fire Department 7. Resolution-Authorizing Termination Agreement with Sherman Associates 8. Authorize Contract for .Preservation Consultant Services 9. Authorize Contract for Fueling Dock Station Project 10. Order Public Hearing-Renewal of Currency Exchange License at Wal-Mart 11. Approve Engineering Department Budget Transfer 12. Order Public Hearing-Vacation of Easement #2007-49: Riverwood 8~' Addition 13. First Reading/Order Public Hearing-Rezoning #2007-45: R 2 to C-3 at 25~' & Vermillion (Horsch) 14. Resolution-Accepting Donations for the Youth First Community Halloween Party City of Hastings November 5, 2007 City Council Minutes Page 2 of 4 6 Ayes, Nays, None. Copies of resolutions on file. Hearing--Civil Penalty for Liquor License Violation City Attorney Fluegel stated that a hearing has been ordered to consider civil penalty for the Vermillion Bottle Shop for violation of their liquor license by allowing an illegal sale to a minor. Fluegel stated that this is the third violation of the licensee since September 12, 2007. The licensee has been notified of the hearing and may request a formal hearing be conducted under sections 14.57 to 14.69 of the Minnesota Administrative Procedures Act. The licensee waived their opportunity to request a formal hearing under the APA. Councilmember Alongi asked the applicant if they had any additional information they would like the Council to consider in the matter. A representative for the licensee stated that they have no additional information to submit. Councilmember Hazlet asked if the owner has been the same for the recent violations. It was confirmed that the ownership has not changed since September 2007. Councilmember Slavik asked the licensee why they chose to pay the $300 fine and not install the ID card reader. The licensee representative stated that it is their intent to purchase a card reader now. Moved by Councilmember Alongi to impose a one month license suspension beginning November 12, 2007 and a $2,000 penalty. The motion was seconded by Councilmember Schultz. Councilmember Schultz requested a friendly amendment to the motion to adjust the monetary penalty to $1,000. Councilmember Alongi accepted the friendly amendment. Councilmember Slavik requested a friendly amendment to the motion to add a requirement that the licensee purchase and install an ID card reader by the time the one month suspension has been served. Councilmember Alongi accepted the friendly amendment. Councilmember Alongi noted that the licensee has an obligation to obey the law and that any further offenses will likely result in revocation of the liquor license. Vote on motion to administer a one month suspension, beginning November 12, 2007, levy a $1,000 civil penalty, and require the purchase and installation of an ID card reader by the time the business opens following the license suspension. 6 Ayes; Nays, none. Award Contract-City Hall Lobby Project Moved by Councilmember Schultz, seconded by Councilmember Hollenbeck to award the contract to Parkos Construction in the amount of $116,400. 6 Ayes; Nays, none. Public Hearing-2006 Improvement Program Assessments Project 2006-1: 3'd Street Area Acting Mayor Blueness o~ened the public hearing at 7:19 p.m. Todd Lunch, 804 West 3` Street, requested clarification on how the assessment rate is determined. City Engineer Egger stated that an assessor determines what the increased value will be to the affected property owners and 90% of that value is assessed. Ron Bathrick, 800 West 3`d Street, stated that he did not feel that the improvements were warranted. Dave Forstad, 636 West 3rd Street, stated several frustrations with the project, including water shut offs, damage to sprinkler system, poor sod, and removal of City of Hastings November 5, 2007 City Council Minutes Page 3 of 4 cobblestone sidewalk. There was discussion over property owners ability to receive additional explanation and/or relief regarding outstanding issues with the project. Loretta. Sieben, 30i West 3rd Street, stated that her house value will not increase as a result of the improvements due to the current housing market slump. Anna Gydesen, 220 West 3rd Street, questioned whether she was charged for a sidewalk. There was brief discussion about the assessment abatement program. Information regarding the program was sent to property owners with their assessment statements. Hearing no further comments, Acting Mayor Blueness closed the public hearing at 8:05 p.m. Project 2006-2: North Frontage Road Acting Mayor Blueness opened the public hearing at 8:05 p.m. Mieessaa Yaachis, 1396 North Frontage Road, stated that he cannot afford the assessments. There was discussion regarding the process by which improvements are assessed to the property and can be paid over a 10 year period. Moved by Councilmember Alongi, seconded by Councilmember Schultz for a recess from 8:15 - 8:20 p.m. Hearing no further comments, Acting Mayor Blueness closed the public hearing at 8:20 p.m. Project 2006-3: Industrial Park 7`h Addition Acting Mayor Blueness opened the public hearing at 8:24 p.m. Hearing no comments, Acting Mayor Blueness closed the public hearing at 8:24 p.m. Resolution-Adopt Assessment: Project 2006-1: 3rd Street Area Improvements Moved by Councilmember Hazlet, seconded by Councilmember Hollenbeck to approve the assessments as presented. 6 Ayes; Nays, none. Copy of resolution on file. Resolution-Adopt Assessment: Project 2006-2: North Frontage Road Improvements Moved by Councilmember Slavik, seconded by Councilmember Schultz to approve the assessments as presented. 6 Ayes; Nays, none. Copy of resolution on~le. Resolution-Adopt Assessment: Project 2006-3: Industrial Park 7tb Addition Moved by Councilmember Alongi, seconded by Councilmember Schultz to approve the assessments as presented. 6 Ayes; Nays, none. Copy of resolution on file. City of Hastings November 5, 2007 City Council Minutes Page Q of 4 Resolution-Variance #2007-47: Sideyard Setback at 1439 Erickson Drive Moved by Councilmember Schultz, seconded by Councilmember Slavik to approve the variance as presented. 6 Ayes; Nays, none. Copy of resolution on file. Resolution-Accept Bond Sale Moved by Councilmember Alongi, seconded by Councilmember Hazlet to approve the sale of General Obligation Bond Series 2007B as presented. 6 Ayes; Nays, none. Copy of resolution on file. Moved by Councilmember Slavik, seconded by Councilmember Schultz to approve the sale of Equipment Certificates Series 2007C as presented. 6 Ayes; Nays, none. Copy of resolution on file. New Business Finance Director Stark provided an update on a recent error with utility billing. Residents with questions should contact the Finance Department for more information. Adjournment Moved by Councihnember Alongi, seconded by Councilmember Hazlet to adjourn meeting at 8:43p.m. 6 Ayes, Nays, None. Edward Riveness Acting Mayor Melanie Mesko Lee City Clerk