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Home My WebLink About09-19-05 Hastings, Minnesota City Council Minutes September 19, 2005 The City Council of the City of Hastings, Minnesota met in a regular meeting on Monday, September 19,2005 at 7:00 p.m. in the Council Chambers at the Hastings City Hall, 101 East 4th Street, Hastings, Minnesota. Members Present: Mayor Werner, Councilmembers Hicks, Alongi, Hazlet, Riveness, Schultz and Moratzka Members Absent: None Staff Members Present: City Administrator Dave Osberg City Attorney Shawn Moynihan Associate Planner Kris Jenson Public Works Director Tom Montgomery Parks & Recreation Director Barry Bernstein Assistant City Administrator Melanie Mesko Lee Police Lieutenant Joe Kegley Public Works Superintendent John Zgoda Approval of Minutes: Mayor Werner asked if there were any corrections or additions to the minutes of the regular meeting of Tuesday, September 6,2005. Hearing none, the minutes were approved as presented. Council Items to Be Considered Assistant City Administrator Mesko Lee stated that the Green Mill has made application for a tent dance on Friday, September 23,2005 and staff is requesting that that request be added to the Consent Agenda for approval. Moved by Councilmember Moratzka, seconded by Councilmember Schultz to add the Green Mill's request to the Consent Agenda. 7 Ayes; Nays, none. Consent Agenda Councilmember Alongi requested that Item #6: Approve Investigation for Potential "Quiet Zone" in Downtown Hastings, and Item #14: Resolution-Approve Site Plan Modification #2005-50: Wal-Mart (1752 North Frontage Road) be moved under Planner for discussion. Moved by Councilmember Alongi, seconded by Councilmember Riveness to approve the Consent Agenda as amended. City of Hastings September 19,2005 City Council Minutes Page 2 of4 Pay Bills as Audited 1. Pay Bills as Audited 2. Pay Estimate # II-Project 2004-1: Westwood Area Reconstruction to Rivers Construction ($12,956.69) 3. Pay Estimate #2-Project 2005-1: Dakota Hills to Pember Companies ($568.378.86) 4. Pay Estimate #2-Project 2005-2: Zweber Lane/Oak Ridge Drive to Pember Companies ($113.278.93) 5. Authorize Execution of License to Encroach #2005-61 - 2310 Westview Drive - Dan Owl 6. Approve Investigation for Potential "Quiet Zone" in Downtown Hastings- moved to Planningfor discussion 7. Approve Temporary Liquor License-DuGarels Bar & Grill on October 29,2005 8. Resolution-2006 TRAC Management Report for MnDOT 9. Authorize Use of City Property and City Resources for Commercial Production 10. Approve Amendment to the Audit Policy 11. Approve Budget Adjustment-Parks and Recreation 12. Utility Billing Waiver of Penalty 13. Development Agreement #2005-57-Williams 3rd Addition (Whispering Lane) 14. Resolution-Approve Site Plan Modification #2005-50: Wal-Mart (1752 North Frontage Road)--moved to Planningfor discussion 15. Resolution - Approve Renewal of Gambling for Hastings Lions Club 16. Approve 2005/2006 TRAC Drug & Alcohol Testing Policy 17. Resolution - Approve Massage License for Dwayne Collis 18. Resolution-Approve Request for Tent Dance at the Green Mill: September 23, 2005 7 Ayes. Nays. None. Copy of resolutions on file. Public Hearing-Ordinance Amendment #2005-59: R-2 Residential Development Moratorium in Heart of Hastings Mayor Werner opened the public hearing at 7:03 p.m. Associate Planner Jenson frovided a brief overview of the proposed moratorium. Mark Reger. 3214 West 6 Street, stated that he had a petition with 189 signatures on it. supporting an addition to the moratorium prohibiting demolition of existing properties during the moratorium. Greg Loesch. 215 West 7th Street, asked when the moratorium would become effective. City Attorney Moynihan stated it will be in effect seven days after publication. Hearing no further comments, Mayor Werner closed the public hearing at 7 :09 p.m. Second Reading/Ordinance Amendment-Ordinance Amendment #2005-59: R-2 Residential Development Moratorium in Heart of Hastings Moved by Councilmember Hicks, seconded by Councilmember Schultz to approve the moratorium, with an amendment to include prohibition of demolition of properties and with a friendly amendment to clarify language regarding a permit application. 7 Ayes. Nays. None. City of Hastings September 19. 2005 City Council Minutes Page 3 of 4 Copy of ordinance on file. Ground Water Pesticide Update Public Works Director Montgomery provided information regarding some pesticides in City Well #3. Montgomery stated that staff is working with the state and county on this issue and hopes to have a draft concept plan for water system improvements to the City Council on October 3 or 17. In the meantime, the City is preparing a news release to help answer questions about this issue. Approve Stormwater Plan-SUP #2005-23: ConAgra Floodwall at 2005 Vennillion Street (SACC Group) Associate Planner Jenson stated that ConAgra has provided a map of the drainage patterns for the entire site. as requested by the City Council. Mayor Werner stated that a stormwater plan for the entire site was request. which would be a significant document, not just a map. City Administrator Osberg stated that the Special Use Permit for this project has been approved by the City Council. with a condition that the stormwater drainage plan be reviewed by staff, which is what is typically done. Public Works Director Montgomery stated that the City is not in a position to require ConAgra to change their flow as a part of this SUP; the water on the site is not proposed to change. The Council discussed increased erosion and impervious surfaces, as well as water runoff concerns. There was additional discussion about meeting with ConAgra regarding water concerns. Moved by Councilmember Hicks to approve the stormwater plan with the condition that staff meet with ConAgra regarding a comprehensive stormwater management plan for the site. Councilmember Hicks withdrew his motion. Moved by Coucnilmember Hicks. seconded by Councilmember Schultz to table the action until October 3,2005 Council meeting for ConAgra to prepare stormwater site map. 7 Ayes; Nays. none. Approve Investigation for Potential "Quiet Zone" in Downtown Hastings Moved by Councilmember Alongi. seconded by Councilmember Hicks to approve the request. with the addition that all sites on the map provided by staff be investigated for inclusion in the study at a cost of $12.000. 7 Ayes, nays, none. Resolution-Approve Site Plan Modification #2005-50: Wal-Mart (1752 North Frontage Road) Councilmember Alongi questioned where the modifications were and the impact on the site. Rhonda Dala from Wal-Mart's consultant MFRA, stated that the additional space at the liquor store is for storage and the storage on the north side of the site is for additional storage so Wal-Mart will no longer store items at the former site on Highway 316. City of Hastings September 19,2005 City Council Minutes Page 4 of 4 CounciImember Moratzka commented on the amount of parking required and requested that the City's parking requirements be reviewed. Moved by Councilmember Hazlet, seconded by Councilmember Riveness to approve the modifications as presented. 7 Ayes, nays, none. SteLuTec Foundation Gambling Permit Anthony Price of SteLuTec requested that the gambling permit which had been revoked in August be reinstated. Mr. Price stated that his foundation is in compliance with state requirements and that previous questions about compliance had been answered. Police Lieutenant Kegley stated that, due to sales via the internet & by credit cared, the integrity of the raftle was in question. The state is no longer investigating the issue because the City took action rescinding the raftle; therefore it's no longer an active Issue. The Council took no action on this item. Adjournment Moved by Councilmember Hicks, seconded by Councilmember Alongi to adjourn the meeting at 8:44 p.m. 7 Ayes, Nays. None. ("lwwultMJw -}G Michael D. Werner Melanie Mesko Lee Mayor City Clerk