All right, this meeting is called to order at 5.30 p.m. This is the council meeting of June 24, 2024.
Kim, please call the roll. Folks, be quiet, please.
Huntley, Beam, Consbrook, Ely, Huffaker, Rowan, Hartman, Bong, we have a quorum.
Please join me for the pledge.
All
right, I'd accept a motion and a second to adopt the night's agenda.
Moved to adopt the current agenda.
Motion by Ely, second by Hartman. Please go ahead and vote.
The motion passes seven to zero official notice the regular meeting was published in the Hastings
Tribune on Friday June 21st 2024 pursuant Nebraska revised statute section 84-1412 the
public is advised that a copy today's agenda and all reproducible rent material which
which will be discussed today's meeting
is available for public review.
And a current copy of the Nebraska Open Meetings Act
is posted and accessible to members of the public.
The first item on tonight's agenda
is council communications.
Do I have any to my rights?
Mr. Collins-Brick.
I've just got a few things I'd like to say.
First off, I just want to correct the record
out there for some folks.
I know they're going to say what they're going to say
and they're going to believe what they're going to believe.
But there's been a lot of misinformation out there
as to how I vote and never give the reason why I vote the way I vote, and that is simply
not true. I have always said why I voted the way I voted. Anybody who had questions about
that, I was glad to call and talk to them on the phone. So people will say what they're
going to say, and that's fine. But I felt it was important for me to put out there
that I do explain why I vote the way I vote.
All right. Any other communications to my rights? Any to my left? Mark?
as I live on the north edge of town and when I'm driving back and forth those
folks doing the mowing down the median and down the sides are doing a
wonderful job so whoever parks and wrecks or street department whoever that
is it's it's nice to be proud of that sometimes when it gets all long and
looking rough I think all those folks come into our town and looks like we
don't take care of things well it's been looking really nice lately for a
a bunch of weeks when it would be real hard to stay on top of the mowing. Thank you.
Matt. Yeah, the Hastings Public Library met last week
and had their regular meeting. One update that I wanted to provide,
a really great program that I thought was really helpful and beneficial,
a new program called Senior Planet that the library has just rolled out.
So an opportunity for folks who need some additional assistance
in learning computer skills can go in and take this,
I think it was a nine week course
and so an opportunity for them to learn one on one
with library staff and so I thought it was
a really great program.
They I think had this week their first graduation
with folks who graduated through that program
and so I thought it was a really wonderful program.
They intend to do it again.
They filled up the first two sessions right away
and so I know that there's a wait list
for more programs in the future.
here.
All right.
Thank you.
Sean.
The Hazings Airport, their monthly burger feed is this Saturday, the 29th, from 11.30
to 1.30, and I know they always would like to have as many people who would like to come
out as possible.
So come on out, have a burger.
Any other council communications?
All right.
Seeing none, we'll move on to citizen communications, this is only for agenda items, not related
to a public hearing.
So really anything other than the alcohol license on the agenda, now is the time
to speak.
Who's going to win?
and Brady's got longer legs.
He didn't move quick enough.
There you go.
Good evening, Mayor and Council.
My name is Dan Schwartzkoff.
I live at 1400 North Turner Avenue.
I just wanted to speak regarding asking for your support on the rezoning of the properties
at 26th and Elm.
I live directly south of there.
I go by there a lot walking, running, riding my bike, and I just think that the rezoning
turning to that property, turning it from a cornfield to productive residential area
would be in the city's best interest. Just asking for your support on that.
Thank you, Dan. Thank you. Brady.
Brady Rhodes, 1000 West Nite Street. Thanks for letting me speak. In support of Ordinance
4761. I also coordinate an anti-poverty initiative in the community that seeks to
reduce poverty in the Fort County area 30% by 2030. We do a lot of work on the
ground level to support people that are working to get out of poverty but one of
the main challenges are system level issues and the biggest one in our
community is housing. People pay an inordinate amount of money on their
housing. They're cost-burdened by housing. Normally that's supposed to be
30% or less of your spending and most often people in poverty are spending
somewhere between 50 to 60 percent. So while this is not necessarily residential homes for low-income
people, it's going to ripple throughout the community by providing places for others to live that's
going to lift up all ships in a manner of speaking and provide access to housing that's not here
currently but will be as people are moving into those more affordable homes. Thanks very much.
Thanks, Brady. Bill.
My name is Bill Heitzman.
I live at 1612 Hillcrest Drive,
community in Nebraska.
And thank you all for allowing us to address
the issue of the ordinance
4761.
I, too, would encourage the
support of rezoning that.
There's several reasons it's been addressed
many times. We need, and we've heard this
over and over in our community, the need
for housing. This will allow the
extension of housing. It does several other
things in my view, we're job creating. We also have heard in our time that we don't grow.
Hey, here's an opportunity to look at our community and foster some growth, and you have that
opportunity and so a port of this to start helping our community grow. And I think another
thing that we've talked about many times is we're not developer-friendly. Let's send
the message that we're developer-friendly. We want people to come here. We want them
to build. We want them to create jobs, have the employment. Also, I've tried to hire people
over the years when I was at Central Community College as president, and many times hiring
people if they couldn't find housing, it wouldn't take the job. That's not just with Central.
That's with Hastings College and a lot of people who are employing people and wanting
them to come into this community. Let's bring people into our community. Instead
of letting them live in Grand Island, I know out at Hartwell they say they're driving
back and forth even from Lincoln. I encourage you to support and continue the support of
this rezoning. Thank you.
Thank you. Jody?
My name is Jody Stutson and I live at 709 North Briggs Avenue. I was here during the
last City Council meeting when numerous people came up here to voice their support for
this project. I'm here to support the innate concept project as well. Many of
them commented on the housing need. Some being employers, others were builders, and
people who had to move away due to the lack of housing. I am speaking because I would
like clarity in council members' no votes. Last meeting, the city attorney explained
why this redevelopment area was different than what happened in the 1990s. I'm not
a lawyer, but I trust the experts. Others mentioned the worry about traffic flow
and water runoff. I'm not an engineer, but I trust the opinion of experts. Last
Last week when Governor Pillon was in Hastings, he told the story about telling his father
he wasn't going to participate in the farm program when he was just starting out.
His father told him that was noble, but everyone else participates in the program.
The governor realized it was a wise thing to do if he wanted to become a successful
farmer.
At the last meeting, the developer explained that he could take his project anywhere and
it would be approved if Hastings didn't approve it.
This is like Governor Pillon's revelation.
Our neighbors will be successful while we say idle.
I'm standing up here asking that the council members
think about the long-term future of Hastings.
In J.A.F.K.'s book, Profiles and Courage, he says,
going along means more than just good fellowship.
It includes the use of compromise, the sense of things possible.
We should not be too hasty in condemning all compromise as bad morals.
for politics and legislation are not matters for inflexible principles or unattainable ideals.
Thank you. Thank you, Jodi. Andrew.
Hi, everybody. My name is Andrew Verbis. I live at 500 East
Ninth Street here in Hastings. I also run a business here in town that employs people in
Hastings. And, you know, I'm here to speak in favor and ask that you at all support this
project for more housing. One of the main feeders of our business coming in are Hastings
college students just fresh out of school and one of the major things they're always
looking for is housing. And I don't know what it is about this younger generation, but there's
a
fact of life here. So having nice housing for them to see and to tour and might actually
get them to stay in Hastings a little bit more. So I'm asking that you would support
that. For our business, we employ over 60 people here in Hastings and are growing.
So I would like to continue to see this development and others come to Hastings to provide more
housing.
So I'd appreciate your support of this project as well.
Thank you.
Thank you, Andrew.
Sean.
Good evening.
I'm Sean Norby.
I live at 1509 Westbrook Drive.
I'm here in support of the Ordinance 4761 as well, the new housing project.
Speaking on behalf of Mary Lanning, we really struggle when we're trying to recruit
employees to come to Hastings, specifically physicians, providers, licensed folks. The
biggest struggle is the lack of housing and if they can't find it in Hastings, they will
go live elsewhere outside of Hastings and commute. And what happens then, they take
their income and they spend it and invest it in communities around us. And so I would
I would encourage you all to support this ordinance and on behalf of Mary Lanning, thank you for your time.
Thank you, Sean.
Shayna.
Good evening.
My name is Shayna Smith, 3504 Laredo Lane.
I'm speaking on ordinance number 4761.
For the past five years, I've worked in HR and recruiting, specifically in the accounting and finance field,
But by far, the most challenging part for young professionals or people looking to move to our community is housing.
I know I'm stating the obvious when I say that new people have to have a place to live.
And as you know, we are in dire need of this housing.
The project in particular is very important because of the amenities that go along with it.
It allows us to give young professionals something they would typically find in more urban areas
and allows us to compete for young people coming out of our universities and colleges.
is being able to attract young talent is vital to the growth of the business community and
of the future of Hastings. So I ask that you vote in favor of the rezoning for the innate
concepts project. Thank you.
Thank you, Shannon. Matt.
Hello, everyone. Matt Habrock, 620 West 2nd Street. I'm going to echo some of the comments
that have just been said. I am the general manager of Landmark Implement, the John
Deere dealership here in town. In the last 10 days, I've had an opportunity to
interview and extend offers to two individuals currently living in Kansas that want to
moved to Nebraska. One of them is a sprayer technician with over 30 years of experience.
Another one is a parts counter employee who would be coming in to take an assistant manager
role with 12 years of experience. Finding people of that kind of experience does not
happen in our industry. I cannot get them to commit to accepting the positions that
we have open right now because they're not able to find housing. So currently, I'm
in the middle of probably going back and forth in text messaging all evening tonight
because it's already started to discuss what that wage rate change would have to
be to accommodate one of these individuals to live in Grand Island and commute to Hastings
to come work. So he spent the last two weeks trying to find an opportunity to live in Hastings.
Most likely it would be a homeowner down the road, but is needing a project like this,
like what Ordinance 4761 would allow in order to find that housing necessary for him to
come in, understand our community, identify where he and his family would want to live,
and ultimately become a homeowner in our town. So as an existing business who's
done business in this community for generations, it's not just about the growth as important
that is as an existing business. We're begging you. We need access to housing to bring our
people into town to recruit people to come and fall in love with Hastings just like I
did when I moved here six years ago. So please on behalf of the existing businesses that
are begging for housing options as well as the growth and opportunity of this.
This project would provide ask for your support of ordinance 4761. Thanks.
Thank you, Matt. All right. Other speakers, come on up.
Mr. Mayor and Mr. Councilman, Edward Krantz, 1203, Snipes. I'm not four against this whole
housing thing. I do have a question. John Northrup was here last time. I said he talked
to Attorney General, said it wasn't legal to blight protective thumb grounds. Did anybody
I look into that yet? Because if they didn't, isn't the contract around the hook for the
TIFF money? If it gets shot down later?
Well, this isn't about TIFF today, so that's one thing. Yeah, that's been looked into.
Our attorney has looked into that, and I've spoken with John Northrup, and he's in favor
of this project now, too.
Okay, I just say that.
I heard you think I wanted to find out for sure for myself.
Sounds great. Thank you.
Thank you.
Other speakers?
As you know, I stated in writing, and during public hearing two weeks ago, our concerns
about stormwater runoff and traffic of the Elm 26 subdivision.
To date, I haven't heard anything new.
Anyone reached out from the developer staff or Olson Engineering regarding those two concerns
two weeks ago.
First stormwater runoff is my biggest concern, and it's been an issue since the North
report, comments, and Osborne states were being developed. In fact, when Mr. Bunger came
to town, I met with him at his office on Yost Avenue and showed pictures of the flooding
that occurred May 22, 2020, that wiped out the East 26th Street Farm. The flooding cost
them their organic certification. Since I've heard from no one regarding these issues,
I've called the Upper Big Blue NRD and shared this info. The water manager at NRD recommended
that I contact the U.S. Corps of Engineers in Omaha,
which was done to open a 404 case
in possible permitting process.
That was done last week.
On our own, I've also hired a creek study group
to review and begin sampling my waterway issues and damages.
This issue is not going away.
And five years ago, when it was not addressed,
NRD staff suggested it could be fixed.
It would likely cost $10 million and 10 years to fix.
When sharing this information of cost again,
they said the cost has only gone up.
Second, I'm very concerned about the roadway issues surrounding a high-density housing
development.
I am shocked that engineering wouldn't have at least created turning lanes, large curb
cuts for ingrass and egress, and proposed changes to the speed limits, et cetera.
This usually is a cost that is figured into the development package.
To date, no neighborhood meetings have been set up by the city or the developer to
discuss the specific traffic issues or future changes.
Lastly, until those issues above are those two issues are resolved, it's an I'm unable
to support this project.
I do look forward to the expert opinions regarding the long-term fixes of these important issues
to our community.
Thank you.
Other citizens.
Any questions?
No, sir.
Other citizens.
Chuck Holmberg, 717 North Cedar.
I'm going to pick on Joy and Sean a little bit.
I've got to ask you, how many employees at your business do you pay $25 an hour or more?
Reason I bring that up is, if you're making $25 an hour or more, a third, they say, the
company says a third can go for rent.
A third of it is going to go for taxes and off your payroll check.
That leaves about $1,300 left for utilities, car, car insurance, gas, food, phone, student
loans, and you better not have a doctor, you don't have to go to.
And this is just for a one bedroom apartment, $1,100.
They call them studio apartments.
So my concern is how many people are making $25 an hour to fill these apartments.
So, I ask you both, how many people you've paid $25 an hour or more?
All right, thank you.
Can't give an answer?
This isn't a Q&A.
All right, other citizens?
Seeing none, we will go on to Mayor's Communications.
Just a reminder that fireworks sales are going to be starting up here on June 28.
And we'll go through the fourth, obviously.
Obviously, from June 28th to July 2nd, fireworks are sold from 10 a.m. to 10 p.m. and shot off
and can be shot off until 10 p.m. And then on the 3rd and 4th of July can be shot off
until midnight. I will, I bet probably all of us up here can agree that this is probably
one of the times a year that we get the most complaints from citizens about neighbors
not minding those hours and shooting off fireworks at 1 a.m. in the morning. Please
Please be neighborly, please be considerate and consider your neighbor's pets or folks
out there, maybe the PTSD as well, but please enjoy the 4th of July.
We have a lot of great events going on out at the Brickyard Park obviously on the 4th
of July as well as the YWCA parade during the day around noon around Fisher Fountain.
So I hope you all can make it out there.
That's all that I have, so we'll move on to the CONSID agenda.
Is there anything that needs to be removed?
Motion to approve the consent agenda as presented.
Second.
Motion by Fong, second by Hartman.
Please go ahead and vote.
Fong.
Yes.
Hartman.
Yes.
Rowan.
Yes.
Hephaker.
Yes.
Ealy.
Yes.
Consbrook.
Yes.
Huntley.
Yes.
The motion passes 7 to 0.
Moving into the regular agenda,
there is no unfinished business.
We'll move into public hearings, item A,
public hearing on the application of Valentini's
LLC doing business as Valentini's martini bar and gallery for a class C liquor license beer wine spirits on and off sale at
3609 some are on Plaza Suite 135
Public hearing is now open
chief
Mayor and council the police department process the application for Valentini's martini bar and gallery and
The manager Maria madrigal and we found no disqualifications and would recommend approval of the license
Thank you.
Thank you, Chief.
Are there any speakers?
He's a staff member.
You can come back up if you'd like to state it,
but as a staff member, I think we all know Chief's story.
Adam's story, 317 South Burlington Avenue,
Hastings Police Department.
All right, thank you.
Are there any speakers for this item?
Any against?
Either way, public hearing is not closed.
I need a motion and a second for approval.
motion to approve resolution number 2024-37 approving the application of
Valentini's LLC doing business as Valentini's martini bar and gallery for a
class C liquor license at 3609 Simron Plaza suite number 135
motion by Hartman second by Ely any questions or discussion from council
All right, seeing none, please go ahead and vote.
Huntley?
Yes.
Consbrook?
Yes.
Ealy?
Yes.
Huffaker?
Yes.
Rowan?
Yes.
Hartman?
Yes.
Fong?
Yes.
All right, the motion passes seven to zero.
Moving on, item B, approval of the manager application
of Maria Madrigal in connection with the Class C
liquor license of Valentini's LLC,
doing business as Valentini's Martini Bar and Gallery,
located at 3609 Samara and Plaza Suite 135.
I'll make a motion to approve the manager application of Maria Madrigal in connection
with the Class C liquor license of Valentini's LLC, doing business as Valentini's
McTinney Bar and Gallery, located at 3609 Simron Plaza, Suite 135.
Motion by Hartman, second by Fong.
Anything else to add, Chief?
Any questions or discussion from Council?
I was in this establishment before this young lady decided to take it over and
run it and if I owned a bar I would want her as a waitress in my bar. I can
hardly think of a way this place would not be successful with her running it.
Very good. Any other any other questions or discussion from Council? All right
seeing none please go ahead and vote.
Fong? Yes.
Hartman? Yes.
Rowan? Yes.
Huffaker? Yes.
Ealy? Yes.
Consbrook? Yes.
Huntley? Yes.
All right the motion passes seven to zero. Moving on there is no general
business. We'll move into ordinances and resolutions. Item A, ordinance number 4761, amending the
zoning district map to change zoning from R1A, single family residential large lot,
to R3, multiple family residential district for property generally located to the southwest
of the intersection of East 26th Street and North Elm Street. And to amend the official
zoning map, this is first passed on first reading on June 10th, 2024. So I need to
motion, a second for passage of ordinance number 4761 on second reading.
Motion to approve ordinance number 4761, amending the zoning district map to change zoning from
R1A single-family residential large lot to R-3 multiple-family residential district for
a property generally located to the southwest of the intersection of East 26th Street
and North Elm and to amend the official zoning district map. It was passed on first
reading in June 10th, 2024.
Motion by Fong, second by, or motion by Hartman, second by Fong. Sorry about that.
Staff. Chad, anything to add? No, sir. I have nothing else. I've had Chad Bunger,
Director of Development Services. Okay. Any questions or discussion from Council?
Sean.
After the overwhelming amount of support that this received at our last reading,
I actually took count tonight, and I got, according to my numbers, 8 to 2.
I just would like to make sure that our council vote mirrors that in some way, shape, or form.
It's disappointing when you can see this kind of support for something and then still see
so many people vote against it without explanation.
Okay.
Butch.
Well, I spoke to Chad just before the meeting, and my figures were right.
We're still about 1,300 housing units down for the city of Hastings, and that's a lot.
Which means, you know, it's not all about affordable housing.
It's also about workforce housing, and it's about the higher-end housing, you know, as
they were talking, doctors, lawyers, you know, so there's several different sets
of housing.
This just happens to be the workforce housing, and we still need that.
but we've been accused I've been on the council seven and a half years and we're
always accused of letting the money people swear opinions that we're not
developer contractor friendly and not approving something like this just goes
on to say that we're not developer friendly and and that's just not true
we need to do this but
the city is filling up we need to expand and
expand you have to expand out and when we vote on these issues we vote for or we
should be voting for what's good for the city of Hastings what's good for the
citizens of Hastings you know and what's good for the future of Hastings
and that's why we all need to vote for this because you know this is just
going to put a little dent in the 1300 housing units and if we don't do this
Are we going to get developers that want to build the other 1,100?
We pretty much all ran on transparency issues, you know, and like Sean said, you know, if
we're being transparent, we should be explaining why we're voting the way we are.
If nothing else, to let our constituents know why we're doing it, and to also give a chance
to, you know, I know there's been a few times that I was going to vote no and somebody says
yeah, but did you think about this or this?
So it gives the council a chance to discuss the item a little bit more and maybe assuage
the concerns that some people may have.
So again, I'm going to be voting for this for the reasons I specified.
Thank you.
Steve.
What is a 404 case?
I've never heard of that.
Anyone know?
What?
A 404 case.
Dr. Dietz mentioned.
Does anyone know what that is?
I'm just asking.
I don't think it's pertinent to the discussion of the reason.
You know, I'm just asking.
I guess I got the right to ask that question.
Maybe explain how it would be relevant,
and then we can discuss it.
but I don't even know what you're talking about.
I've never even heard of it before.
Well, that's what I'm asking what it is.
You don't have a relevancy.
I mean, if you have a reason for asking,
you should have a relevancy.
I mean, why would you ask?
Mr. Hartman, I'll answer that real quick.
It's something that I want to know before I vote.
What is it?
OK, so from staff, we'll answer that.
Yeah, that's what I'm asking.
to provide at least a broad overview of it. As I understand it, Section 404 is part of
the Clean Water Act that the U.S. Corps of Army Engineers overseas. So I don't know precisely
what the complaint was or what the individual was talking about, but I can only guess that
That was a notice given the U.S. Corps of Engineers that there could be some issues regarding water
And
as we discuss this, I'd just like to remind everyone that this is a rezoning application.
What we're talking about today is rezoning. It's not about runoff. It's not about blight
or substandard issues. Those have been decided. Those are not what we're talking about today.
We are talking about the rezone as described in this. Other questions or discussions?
Brett, I have a couple of questions. First, I have a comment. I am not against housing.
I never have been. I've always explained my votes. Now that being said, I am not a
rubber stamp. Okay. If I'm going to vote for something, I have to feel comfortable doing
it. What that means for me is I need information from the staff or whoever provides that. So
that being said, who is generally responsible for these water issues that come up in
these developments? Can anybody answer that question for me? Who does it? The developer,
for the city who who actually does those things typically I mean if it's a
project that we're overseeing at the city it's going to be your city engineer
or sometimes we'll contract out for some of those services in this case I
think the water there was a water study done by an outside consultant I'm not
sure what the question is there but as far as a responsibility the consultant
for the developer does the calculations and then my staff along with Chad being
the floodplain manager we review to see if it's appropriate per city code so if
that answers well I guess my question is is if there are and it doesn't matter
what development we're talking about okay anytime there's a water issue runoff
drainage or whatever it may be who who is the person or the department that is
responsible for getting that taken care of before these projects move forward.
Maybe that's a better way to put that. Because the reason I ask that is, is we
got to do it right to begin with, so we don't have to chase ourselves, chase
our tails later trying to figure out what happened, so we can get it all done the first time.
Basically crossing our i's, doting our t's. And that's information
that has not been provided to us, and it has been brought up.
And so I just want to know who's responsible for doing that, so that we
We can do an OK on some project regardless of what it is or where it's at.
If there's a water issue, whose responsibility is it to look into that or do permits or whatever
they got to do?
I don't even know what they got to do.
Again, that's the developer's engineer to do the calculations and then engineering
staff and development services staff to review, just like what's done with this
development.
And just to be clear, there's a site planning process, right, where we have engineered
site plans that come in to take a look at these sorts of calculations that's not
what we're talking about with the reason I just want to make that clear no I
understand that I just want to make that clear yeah I understand mr. rebutt it but
I want to make sure that we do it right and that's why I'm asking these
questions all right other questions yeah Steve I think everyone in this room
agrees we need housing including myself I mean there's a shortage however there
There are still questions, water, traffic, everything.
We need to do this right.
The one great, there's a lot of great things about our country.
One of them is our Constitution.
And it gives us a right to vote and speak and inform our own opinions.
How often do you see the legislature or the U.S. Congress vote 100 percent in favor
of anything. Not very often. In fact, you know, according to the clerk, the journal clerk
at the legislature, they don't even vote unanimously to adjourn half the time. Kind of interesting,
I thought.
I received a recent email that was very disturbing to me.
I'm going to paraphrase
a little bit. I'm not going to read the whole thing and thing. But it said, you know, basically,
if you don't vote for this project in my ward, I'm going to hold you accountable. I'm going
to make you stand up. And to me, that's exactly what I wrote. And I didn't, it's not paraphrased
if you don't vote for it. If you don't, what does it say on that email?
Well, I'm paraphrasing.
If you don't vote in representation of the people that elected you because the
Obvious support that's coming from the people that not only came to us before counsel see during counsel and even tonight
Wait a minute mr.. Hartman say don't vote it. Don't take my words and spend them if you're gonna read it read it verbatim
Don't read it. I know I said I'm paraphrased and I can't I
People that Mr. Hartman even last week oh people in this is what we're going voted against where we're over well
We wanted to say wanted to die Steve. I believe I have the floor. Yes, please go ahead
And this is where we're going.
I took it and you just did a great example
as bullying or intimidation.
In fact,
I sent this to my own legal team at my expense.
And they said, Steve, all you can do now is abstain.
No matter how you vote, the validity of your vote
is a question.
The biggest thing we have to do is stop the bullying,
stop the intimidation and work together as a council, and then this city will grow.
How is it considered bullying?
Folks, I will hold you accountable. I will make you explain it.
How is that bullying?
You guys are elected officials just like everybody on this side are.
You're supposed to represent our place.
Would you let me explain?
It is, because what you're doing now.
You will not back. You will keep coming after people. You will ridicule them, in my opinion.
You will publicly chastise them. You can humiliate them. And who knows? You might even put them
in a safety issue. I don't know. My opinion. I'm abstaining from this because of this email
that I feel tainted my vote.
I don't have anything to say to that. You guys all got the email. You know what it all says.
If you want to share it with everybody else in the crowd, that's up to you.
I was disappointed in the way we represented the people that elected us after our meeting we had on June 10th.
That's exactly what it said. And I felt like you people that voted against it when there was so much overwhelming support
owed everybody an explanation. And I spoke with people that were in the crowd that were overwhelmingly disappointed
that they weren't represented fairly. And that's what it said.
It's not a bullying, it's a fair representation of the people that elected us to sit up here
and make smart decisions based on the overwhelming amount of support.
Brad, you even said you're not against the project, you're against the legal issues, and
the legal issues got explained and then you voted against it anyhow, without explanation.
That's not true.
Okay, that is not true.
He gave an explanation.
I did give an explanation.
I said, my hang-up was the legal issue that came up 30 years ago, and that was my biggest
hang-up.
And in fact, I think I said that had that not been, actually I said that in a meeting
I had with Jesse after that, so I'll take that part back.
But no, I said that I was hung up on the legal issues, because at that time when that
vote was put down, or given to the floor, I guess a better way to put it, I still
to not have the answer as to why it was different now than 30 years ago. I gave that explanation.
I talked to several people that emailed me and explained that very same thing. I just
explained to everybody here tonight. And so I did give an explanation. And I am not for
or against this project. I just want to make sure that it is done right and it's done
properly so that we don't have trouble down the line. And I said that at the last
meeting. That's all I've ever said. And, you know, I don't know. I'm not for or against it,
but I would like to know those answers that I ask. Because if I'm going to vote for something,
yes, I do represent people. But I also have to be comfortable in my chair to vote for something.
If I don't have the information I've been asking for, then my vote is not just going to be a
rubber stamp, yes. I want answers to questions that I have. And I think part of the problem
was that was not given to us and that's that's the bottom line on that you feel
it's been taken care of now yes and no I do have concerns about water drain off
now with permits and everything else and whatever this comes up with I mean
what it comes down to is you're never going to get everybody to vote 100%
all the time okay and I'm staying right here in the record I'm not for
against it but I'm not comfortable with the information on this water
issue because if there is truly a water issue which I have no idea if
there is, because no one's told me if there is. There's been no information on that.
And let me just say that. Is that not pertinent to a developer coming in that everything should
be in order and ready to go for that person to do whatever he's going to do so that there's
nothing that comes back to bite them later, or the city later? And that's all I want.
That's all I've ever asked for. And so, initially, when I did talk to Jesse, yes,
I had a better understanding of that court ruling, but I still am leery because of these
water issues that have come up now, which I don't think, I think they were mentioned
at the last meeting, but that really didn't, that wasn't a thing.
The thing was the legal issue from 30 years ago, which, by the way, was basically the
exact same property, but it's been explained to me now.
But we do have things that I'm concerned about, and that's what that's, I don't
know.
So I guess the only thing I can tell you is that I'm not for or against it, so I will
probably abstain as well because there's still concerns I think that we need to address.
Matt.
Chad, there's been a lot of discussion regarding kind of the process from here on out.
The agenda item for us in front of us is a discussion of a rezone of a property from
one designation to another designation district.
Can you maybe talk through just a little bit regarding what the process looks like going
forward in this potentially future development of this site?
Sure.
So, if the rezoning passes, then they can legally be allowed to construct anything
on that list of permitted uses or conditional uses if that process were to be followed.
They obviously want to subdivide, so they proposed to us and was approved two weeks ago.
The preliminary flat basically lays out, this is what our intentions are for the lock configuration,
the layout of the roads, the preliminary design of the infrastructure, as well as
the preliminary design of stormwater infrastructure.
So detention, bioswells, piping, all those things.
In a few weeks, or no, excuse me, last week the final plot was recommended for approval
to you all by the Planning Commission, which will create the final plot that legally defines
each lot, roadway right away, and then any utility easements that need to be accompanied
with that so that public infrastructure, roadways and what not can be designed by either the
consultant's team for the developer or by the city. That will all correct me if I'm
misstating anything. Once the design is done, then that will be installed, constructed
by the developer. For our specifications or for our design, it will then get turned
over as public infrastructure at that point. We haven't really, well, although the majority
of the infrastructure for storm water will be constructed and installed and reviewed
by engineers, that will all be private, most of it will be private infrastructure, correct?
And so that will mean it will be privately owned and maintained but designed to our
specifications and requirements for the perpetual, you know, for the life of the project.
From there, once the plan is done, all the infrastructure is designed and the majority
of it is in place, then building permits can be applied for and issued and constructions
of any of the buildings can begin then. I hit them all at all the steps. So that
is the process we're looking at from here on out if this is approved.
Okay. Thank you. I appreciate that. Just from my perspective, again, our discussion
here is reviewing a zoning designation. I personally, myself, will be casting a vote
in favour of this redevelopment project. I do think we have discussed for a long time
that the housing becomes a significant issue for either our growth or not our growth.
And so we have an opportunity to do that here. We have teams of people in place
from city staff as well as developers who are going to solve these issues that have been
discussed here today. And I would just like to say thank you in eight concepts. We appreciate
you coming to town. We appreciate you wanting to invest in our community. It's important.
And so it's important for our future growth and success. And so I do think it's a good
opportunity for us to see growth in an area where there's already public infrastructure.
The lot itself was publicly available for sale for some time, so it was a willing seller
who was willing to sell it for development.
And it's a good opportunity for us to see growth for the community.
And so I'm excited about this and look forward to seeing it come to fruition at some point in the future.
Thank you Matt.
Other questions or discussion?
Sean?
I do want to explore something quickly just with the comments, but things haven't been
explained well.
For my perspective, like with the attorney-related stuff, that was, you know, Jesse explained
those things twice now.
Lee, at this point, has explained the water.
And the street issues. And in my mind, these issues have been appropriately addressed. And
I, I, I, is there some, is there some disconnect or something that is not making sense? Because
when I'm, when I'm listening to staff, I can tell that they are, you know, at the, the
point that it is here is that they're recommending that it move forward. So is there, is there
some concern or something that's not making sense that, that we've talked about with
those issues? Yeah.
Well, like I said, I'm still not clear here where and if there is
a water issue, drain off storm amount of whatever you want to term it, has that been addressed
or will it be addressed is what I'm trying to figure out here because what I'm getting
right now is, is we're getting information that says there's water issues. It says there's
the geological people in the library, NRD's involved in that. And this does drain into
the Big Blue River, if I remember Lee mentioning that a few weeks back, or a couple weeks back,
that the runoff's got to go somewhere, okay? So to the north and east of there is,
you
I just want to know is has the things that need to be done to address those type of issues
been dealt with because, and that's why I ask, who doesn't?
Is it the city?
Is it the development people?
Is it the engineer?
Is it the developer?
Who does that?
Because that is not clear to me who actually is responsible for doing that in order to
do it right so we don't have problems later.
So that's what I don't quite understand and I don't believe I've been told yet
Who is responsible for doing that if it came out? I missed it. Okay
So the answer to your questions there as far as legal goes
I know Jesse's looked at this at a variety of different angles. I
Personally after listening to Jesse, I don't have any concerns on the legal aspect of of the concerns that have been brought up with
The water issues and these different things
And with the street issues that have been brought up. I don't think that there's any concerns from engineering at all
based on the new traffic. So in answer to your question I think that there's no
concerns from staff on any issue that's been brought up so you can have that
comfort.
If I may Councilman so
at this point in the development process this
is preliminarily looked at to say this is the proposed development we know
So building footprints generally, we know number of units, parking lot sizes, amount
of impervious services more or less, all provided to us by the consultant and their development
team, or excuse me, the developer and their consultant team.
They take that information and, granted I'm speaking in big broad terms, mind you,
but they then take that and calculate this is the anticipated amount of runoff that
that will come from this development.
And our standards say that you need
to create infrastructure, private or public,
for that stormwater runoff,
that will slow the rate of that runoff
and capture enough so that that post construction,
when it's developed, the amount of runoff
will be equal to or less than
what is coming off the land today as a farm field.
And at this point, the preliminary development plans, excuse me, the preliminary plat, we
require them to say, hey, this is what it's going to be, this is our general concept,
this is where it will be located, pipe sizes, general detention cells, sizes.
And based on that, we think we're going to meet the city's requirements of our development
will have less rate of runoff compared to what's there today.
Then, if approved, then the details are put into place of construction design, actually
constructing it, inspecting it, and then those are all put in place.
And that's where the devil and the details are.
We're not at that point yet because it would be real problematic or real costly
inexpensive if the council doesn't approve those things to put that much detail into
a preliminary plan. We have enough information that says we know what we anticipate what
the runoff will be based on this development and they've met our standards. From there
with the building project or the infrastructure design and construction and the building
projects, we will confirm that they are doing the right, sorry, we will confirm that they
are designing it to those specifications based on engineering. And this project, the developer
and future owners will maintain that infrastructure. So if there were to be a problem, not anticipating
meaning it, but if there were, it would largely be on the developer to correct that if they
are wrong in their miscalculations or they design it wrong or construct it wrong.
We naturally, I think as a city, would probably help in working with the property owners that
are impacted and the developer to figure out solutions with the right authorities.
But largely that is the process and hopefully this is making sense.
We're just not at a point to say absolutely 100% guaranteed this won't be a problem.
Based on our standards, based on the design and what they've proposed, we're real confident
that there should not be any water quantity or quality issues, but we're just not at
that point in the development process to say I'm 100% guaranteed that there won't
be.
And really, largely, there is no 100% guarantee.
they designed to a specific storm or specific amount of rain over a period of
time and if the skies open up we've seen this occur just this last week up north
you can never design for big enough storm but we designed for what's
anticipated or a standard within Hastings so hopefully that is making
sense to you sir. So let me ask this question then if I may.
So what if I
I understand you correctly at this point it's too early to worry about water
concerns is that what you're saying not that it not too early to worry about
water concerns but if I heard your concerns right we don't have the
perfect amount of information or all that to say it will be designed this
exact way and it won't, you know, it will or won't cause issues. We require a certain
amount of information at this point in the development process of what's the general
layout of the development going to be, what's the rate of runoff, pre-development versus
what's anticipated after full construction, and have you created infrastructure that
will handle that. And then that, if approved, then through the building process, we will
design it. Either the developer's team will design it or the city staff will design it.
It will be constructed and then confirm that, yes, it meets our specifications, whatnot.
All that said, again, I've seen it time and time as a floodplain manager, you never
can design for every storm. Something weird is going to happen. It's floodwaters.
things are going to happen but we're confident that it's at this point designed to an appropriate
level that'll keep property and people safe.
And just as a reminder, you are the legislative body and what's in front of you today is
a rezone. You're making a decision on a policy to rezone the property. We're not
necessarily talking about runoff. It sounds like we're beyond the concerns with the
issues. We are talking about this. This is the policymaking phase. After the policymaking
phase is either approved or denied, it's approved, you move into site plan phase where we talk
about engineered plans and all that kind of stuff where you actually get into calculations
to accommodate the water runoff and the impervious surface ratio. So all that stuff comes at
this later phase. So we're kind of at that policymaking phase. Your job is to monitor
of the policymaking issues. Let's focus on getting this rezone voted on. Let's continue
the conversation. We need to have the conversation. I just don't want to go too far down this
rabbit hole on drainage issues tonight, okay? Fair enough. All right. Other questions or
discussion from council?
Yes, sir. Based on the reasons that I gave earlier, can
Okay. Any other questions or discussion? All right. Seeing none, please go ahead and vote again.
Huntley?
Epstein?
Consbrook?
Yes.
Ealy?
Yes.
Huffaker?
Yes.
Rowan?
No.
Hartman?
Yes.
Fong?
Yes.
Okay.
All right. So the motion passes five to one with one abstention on second reading. So
then we will have our third and final reading at our next meeting. We're squared away. All
right. Thank you. All right. We will move on to there are no final faster ordinances.
We do have some appointments to make item a appointments to boards and commissions.
Ann Hinton is a reappointment to the zoning board of adjustment. We require a planning
commissioner, one planning commissioner to serve on the Zoning Board of Adjustment, and
I believe Ann is that member that serves on both boards per code. And then we also have
an appointment through the library board, Caroline Kemp, and I'd just like to thank
Ann and Caroline for their willingness to step forward and serve on these volunteer
boards. So that being said, I'd accept a motion and a second.
Motion to approve the appointments as presented.
Motion by Fong, second by Ely. Any questions or discussion? All right, please go and vote.
Fong? Yes.
Hartman? Yes.
Rowan? Yes.
Huffaker? Yes.
Ely? Yes.
Consbrook? Yes.
Huntley? Yes.
All right, the motion passes seven to zero. And thanks to all of our board members that continue to serve.
And if you're interested in serving on a board, please go on to our website and go ahead and fill out an application.
Moving on, there's no miscellaneous in other business.
We don't have a reason to go into closed sessions.
I'd accept a motion and a second to adjourn.
Second done.
Motion by Huntley.
Second by Fong.
Please go ahead and vote.
Huntley?
Yes.
Hansbrook?
Yes.
Ely?
Yes.
Huffaker?
Yes.
Rowan?
Yes.
All right, the motion passes 7 to 0. We are adjourned at 626 p.m.