[0:51] All right, this meeting is called to order at 5.30 p.m. This is the council meeting of June 24, 2024.

[0:57] Kim, please call the roll. Folks, be quiet, please.

[1:00] Huntley, Beam, Consbrook, Ely, Huffaker, Rowan, Hartman, Bong, we have a quorum.

[1:09] Please join me for the pledge.

[1:11] All

[1:31] right, I'd accept a motion and a second to adopt the night's agenda.

[1:34] Moved to adopt the current agenda.

[1:36] Motion by Ely, second by Hartman. Please go ahead and vote.

[1:50] The motion passes seven to zero official notice the regular meeting was published in the Hastings

[1:55] Tribune on Friday June 21st 2024 pursuant Nebraska revised statute section 84-1412 the

[2:01] public is advised that a copy today's agenda and all reproducible rent material which

[2:05] which will be discussed today's meeting

[2:06] is available for public review.

[2:08] And a current copy of the Nebraska Open Meetings Act

[2:11] is posted and accessible to members of the public.

[2:13] The first item on tonight's agenda

[2:14] is council communications.

[2:15] Do I have any to my rights?

[2:18] Mr. Collins-Brick.

[2:20] I've just got a few things I'd like to say.

[2:23] First off, I just want to correct the record

[2:25] out there for some folks.

[2:27] I know they're going to say what they're going to say

[2:29] and they're going to believe what they're going to believe.

[2:31] But there's been a lot of misinformation out there

[2:33] as to how I vote and never give the reason why I vote the way I vote, and that is simply

[2:37] not true. I have always said why I voted the way I voted. Anybody who had questions about

[2:42] that, I was glad to call and talk to them on the phone. So people will say what they're

[2:47] going to say, and that's fine. But I felt it was important for me to put out there

[2:51] that I do explain why I vote the way I vote.

[2:56] All right. Any other communications to my rights? Any to my left? Mark?

[3:00] as I live on the north edge of town and when I'm driving back and forth those

[3:07] folks doing the mowing down the median and down the sides are doing a

[3:10] wonderful job so whoever parks and wrecks or street department whoever that

[3:15] is it's it's nice to be proud of that sometimes when it gets all long and

[3:20] looking rough I think all those folks come into our town and looks like we

[3:24] don't take care of things well it's been looking really nice lately for a

[3:27] a bunch of weeks when it would be real hard to stay on top of the mowing. Thank you.

[3:32] Matt. Yeah, the Hastings Public Library met last week

[3:36] and had their regular meeting. One update that I wanted to provide,

[3:40] a really great program that I thought was really helpful and beneficial,

[3:46] a new program called Senior Planet that the library has just rolled out.

[3:51] So an opportunity for folks who need some additional assistance

[3:55] in learning computer skills can go in and take this,

[3:59] I think it was a nine week course

[4:00] and so an opportunity for them to learn one on one

[4:03] with library staff and so I thought it was

[4:06] a really great program.

[4:07] They I think had this week their first graduation

[4:11] with folks who graduated through that program

[4:12] and so I thought it was a really wonderful program.

[4:14] They intend to do it again.

[4:17] They filled up the first two sessions right away

[4:19] and so I know that there's a wait list

[4:21] for more programs in the future.

[4:22] here.

[4:23] All right.

[4:23] Thank you.

[4:24] Sean.

[4:26] The Hazings Airport, their monthly burger feed is this Saturday, the 29th, from 11.30

[4:30] to 1.30, and I know they always would like to have as many people who would like to come

[4:34] out as possible.

[4:35] So come on out, have a burger.

[4:38] Any other council communications?

[4:40] All right.

[4:41] Seeing none, we'll move on to citizen communications, this is only for agenda items, not related

[4:45] to a public hearing.

[4:45] So really anything other than the alcohol license on the agenda, now is the time

[4:49] to speak.

[4:53] Who's going to win?

[4:53] and Brady's got longer legs.

[4:57] He didn't move quick enough.

[4:58] There you go.

[5:00] Good evening, Mayor and Council.

[5:02] My name is Dan Schwartzkoff.

[5:03] I live at 1400 North Turner Avenue.

[5:06] I just wanted to speak regarding asking for your support on the rezoning of the properties

[5:12] at 26th and Elm.

[5:14] I live directly south of there.

[5:17] I go by there a lot walking, running, riding my bike, and I just think that the rezoning

[5:22] turning to that property, turning it from a cornfield to productive residential area

[5:27] would be in the city's best interest. Just asking for your support on that.

[5:33] Thank you, Dan. Thank you. Brady.

[5:41] Brady Rhodes, 1000 West Nite Street. Thanks for letting me speak. In support of Ordinance

[5:48] 4761. I also coordinate an anti-poverty initiative in the community that seeks to

[5:55] reduce poverty in the Fort County area 30% by 2030. We do a lot of work on the

[6:00] ground level to support people that are working to get out of poverty but one of

[6:05] the main challenges are system level issues and the biggest one in our

[6:09] community is housing. People pay an inordinate amount of money on their

[6:13] housing. They're cost-burdened by housing. Normally that's supposed to be

[6:16] 30% or less of your spending and most often people in poverty are spending

[6:21] somewhere between 50 to 60 percent. So while this is not necessarily residential homes for low-income

[6:26] people, it's going to ripple throughout the community by providing places for others to live that's

[6:32] going to lift up all ships in a manner of speaking and provide access to housing that's not here

[6:39] currently but will be as people are moving into those more affordable homes. Thanks very much.

[6:43] Thanks, Brady. Bill.

[6:52] My name is Bill Heitzman.

[6:54] I live at 1612 Hillcrest Drive,

[6:56] community in Nebraska.

[6:58] And thank you all for allowing us to address

[7:00] the issue of the ordinance

[7:03] 4761.

[7:04] I, too, would encourage the

[7:06] support of rezoning that.

[7:08] There's several reasons it's been addressed

[7:10] many times. We need, and we've heard this

[7:12] over and over in our community, the need

[7:13] for housing. This will allow the

[7:15] extension of housing. It does several other

[7:17] things in my view, we're job creating. We also have heard in our time that we don't grow.

[7:24] Hey, here's an opportunity to look at our community and foster some growth, and you have that

[7:29] opportunity and so a port of this to start helping our community grow. And I think another

[7:35] thing that we've talked about many times is we're not developer-friendly. Let's send

[7:40] the message that we're developer-friendly. We want people to come here. We want them

[7:43] to build. We want them to create jobs, have the employment. Also, I've tried to hire people

[7:50] over the years when I was at Central Community College as president, and many times hiring

[7:55] people if they couldn't find housing, it wouldn't take the job. That's not just with Central.

[8:00] That's with Hastings College and a lot of people who are employing people and wanting

[8:05] them to come into this community. Let's bring people into our community. Instead

[8:08] of letting them live in Grand Island, I know out at Hartwell they say they're driving

[8:12] back and forth even from Lincoln. I encourage you to support and continue the support of

[8:20] this rezoning. Thank you.

[8:23] Thank you. Jody?

[8:31] My name is Jody Stutson and I live at 709 North Briggs Avenue. I was here during the

[8:36] last City Council meeting when numerous people came up here to voice their support for

[8:41] this project. I'm here to support the innate concept project as well. Many of

[8:47] them commented on the housing need. Some being employers, others were builders, and

[8:52] people who had to move away due to the lack of housing. I am speaking because I would

[8:56] like clarity in council members' no votes. Last meeting, the city attorney explained

[9:01] why this redevelopment area was different than what happened in the 1990s. I'm not

[9:05] a lawyer, but I trust the experts. Others mentioned the worry about traffic flow

[9:10] and water runoff. I'm not an engineer, but I trust the opinion of experts. Last

[9:15] Last week when Governor Pillon was in Hastings, he told the story about telling his father

[9:20] he wasn't going to participate in the farm program when he was just starting out.

[9:25] His father told him that was noble, but everyone else participates in the program.

[9:30] The governor realized it was a wise thing to do if he wanted to become a successful

[9:34] farmer.

[9:35] At the last meeting, the developer explained that he could take his project anywhere and

[9:40] it would be approved if Hastings didn't approve it.

[9:42] This is like Governor Pillon's revelation.

[9:44] Our neighbors will be successful while we say idle.

[9:49] I'm standing up here asking that the council members

[9:52] think about the long-term future of Hastings.

[9:54] In J.A.F.K.'s book, Profiles and Courage, he says,

[9:58] going along means more than just good fellowship.

[10:01] It includes the use of compromise, the sense of things possible.

[10:05] We should not be too hasty in condemning all compromise as bad morals.

[10:10] for politics and legislation are not matters for inflexible principles or unattainable ideals.

[10:17] Thank you. Thank you, Jodi. Andrew.

[10:26] Hi, everybody. My name is Andrew Verbis. I live at 500 East

[10:29] Ninth Street here in Hastings. I also run a business here in town that employs people in

[10:35] Hastings. And, you know, I'm here to speak in favor and ask that you at all support this

[10:40] project for more housing. One of the main feeders of our business coming in are Hastings

[10:45] college students just fresh out of school and one of the major things they're always

[10:49] looking for is housing. And I don't know what it is about this younger generation, but there's

[10:53] a

[10:56] fact of life here. So having nice housing for them to see and to tour and might actually

[11:04] get them to stay in Hastings a little bit more. So I'm asking that you would support

[11:07] that. For our business, we employ over 60 people here in Hastings and are growing.

[11:11] So I would like to continue to see this development and others come to Hastings to provide more

[11:17] housing.

[11:18] So I'd appreciate your support of this project as well.

[11:20] Thank you.

[11:21] Thank you, Andrew.

[11:23] Sean.

[11:30] Good evening.

[11:31] I'm Sean Norby.

[11:32] I live at 1509 Westbrook Drive.

[11:34] I'm here in support of the Ordinance 4761 as well, the new housing project.

[11:41] Speaking on behalf of Mary Lanning, we really struggle when we're trying to recruit

[11:46] employees to come to Hastings, specifically physicians, providers, licensed folks. The

[11:54] biggest struggle is the lack of housing and if they can't find it in Hastings, they will

[12:00] go live elsewhere outside of Hastings and commute. And what happens then, they take

[12:07] their income and they spend it and invest it in communities around us. And so I would

[12:14] I would encourage you all to support this ordinance and on behalf of Mary Lanning, thank you for your time.

[12:23] Thank you, Sean.

[12:24] Shayna.

[12:32] Good evening.

[12:33] My name is Shayna Smith, 3504 Laredo Lane.

[12:37] I'm speaking on ordinance number 4761.

[12:40] For the past five years, I've worked in HR and recruiting, specifically in the accounting and finance field,

[12:45] But by far, the most challenging part for young professionals or people looking to move to our community is housing.

[12:53] I know I'm stating the obvious when I say that new people have to have a place to live.

[12:57] And as you know, we are in dire need of this housing.

[13:00] The project in particular is very important because of the amenities that go along with it.

[13:04] It allows us to give young professionals something they would typically find in more urban areas

[13:09] and allows us to compete for young people coming out of our universities and colleges.

[13:13] is being able to attract young talent is vital to the growth of the business community and

[13:18] of the future of Hastings. So I ask that you vote in favor of the rezoning for the innate

[13:22] concepts project. Thank you.

[13:24] Thank you, Shannon. Matt.

[13:31] Hello, everyone. Matt Habrock, 620 West 2nd Street. I'm going to echo some of the comments

[13:36] that have just been said. I am the general manager of Landmark Implement, the John

[13:39] Deere dealership here in town. In the last 10 days, I've had an opportunity to

[13:43] interview and extend offers to two individuals currently living in Kansas that want to

[13:47] moved to Nebraska. One of them is a sprayer technician with over 30 years of experience.

[13:51] Another one is a parts counter employee who would be coming in to take an assistant manager

[13:55] role with 12 years of experience. Finding people of that kind of experience does not

[13:59] happen in our industry. I cannot get them to commit to accepting the positions that

[14:04] we have open right now because they're not able to find housing. So currently, I'm

[14:08] in the middle of probably going back and forth in text messaging all evening tonight

[14:11] because it's already started to discuss what that wage rate change would have to

[14:16] be to accommodate one of these individuals to live in Grand Island and commute to Hastings

[14:20] to come work. So he spent the last two weeks trying to find an opportunity to live in Hastings.

[14:24] Most likely it would be a homeowner down the road, but is needing a project like this,

[14:28] like what Ordinance 4761 would allow in order to find that housing necessary for him to

[14:32] come in, understand our community, identify where he and his family would want to live,

[14:37] and ultimately become a homeowner in our town. So as an existing business who's

[14:40] done business in this community for generations, it's not just about the growth as important

[14:44] that is as an existing business. We're begging you. We need access to housing to bring our

[14:49] people into town to recruit people to come and fall in love with Hastings just like I

[14:52] did when I moved here six years ago. So please on behalf of the existing businesses that

[14:56] are begging for housing options as well as the growth and opportunity of this.

[15:00] This project would provide ask for your support of ordinance 4761. Thanks.

[15:03] Thank you, Matt. All right. Other speakers, come on up.

[15:17] Mr. Mayor and Mr. Councilman, Edward Krantz, 1203, Snipes. I'm not four against this whole

[15:22] housing thing. I do have a question. John Northrup was here last time. I said he talked

[15:27] to Attorney General, said it wasn't legal to blight protective thumb grounds. Did anybody

[15:33] I look into that yet? Because if they didn't, isn't the contract around the hook for the

[15:40] TIFF money? If it gets shot down later?

[15:44] Well, this isn't about TIFF today, so that's one thing. Yeah, that's been looked into.

[15:49] Our attorney has looked into that, and I've spoken with John Northrup, and he's in favor

[15:52] of this project now, too.

[15:53] Okay, I just say that.

[15:55] I heard you think I wanted to find out for sure for myself.

[15:57] Sounds great. Thank you.

[15:58] Thank you.

[16:00] Other speakers?

[16:17] As you know, I stated in writing, and during public hearing two weeks ago, our concerns

[16:22] about stormwater runoff and traffic of the Elm 26 subdivision.

[16:27] To date, I haven't heard anything new.

[16:30] Anyone reached out from the developer staff or Olson Engineering regarding those two concerns

[16:35] two weeks ago.

[16:36] First stormwater runoff is my biggest concern, and it's been an issue since the North

[16:40] report, comments, and Osborne states were being developed. In fact, when Mr. Bunger came

[16:45] to town, I met with him at his office on Yost Avenue and showed pictures of the flooding

[16:51] that occurred May 22, 2020, that wiped out the East 26th Street Farm. The flooding cost

[16:57] them their organic certification. Since I've heard from no one regarding these issues,

[17:01] I've called the Upper Big Blue NRD and shared this info. The water manager at NRD recommended

[17:06] that I contact the U.S. Corps of Engineers in Omaha,

[17:10] which was done to open a 404 case

[17:12] in possible permitting process.

[17:14] That was done last week.

[17:16] On our own, I've also hired a creek study group

[17:18] to review and begin sampling my waterway issues and damages.

[17:22] This issue is not going away.

[17:23] And five years ago, when it was not addressed,

[17:26] NRD staff suggested it could be fixed.

[17:28] It would likely cost $10 million and 10 years to fix.

[17:31] When sharing this information of cost again,

[17:33] they said the cost has only gone up.

[17:35] Second, I'm very concerned about the roadway issues surrounding a high-density housing

[17:39] development.

[17:40] I am shocked that engineering wouldn't have at least created turning lanes, large curb

[17:43] cuts for ingrass and egress, and proposed changes to the speed limits, et cetera.

[17:48] This usually is a cost that is figured into the development package.

[17:52] To date, no neighborhood meetings have been set up by the city or the developer to

[17:55] discuss the specific traffic issues or future changes.

[17:59] Lastly, until those issues above are those two issues are resolved, it's an I'm unable

[18:05] to support this project.

[18:07] I do look forward to the expert opinions regarding the long-term fixes of these important issues

[18:11] to our community.

[18:12] Thank you.

[18:14] Other citizens.

[18:15] Any questions?

[18:17] No, sir.

[18:18] Other citizens.

[18:30] Chuck Holmberg, 717 North Cedar.

[18:33] I'm going to pick on Joy and Sean a little bit.

[18:36] I've got to ask you, how many employees at your business do you pay $25 an hour or more?

[18:44] Reason I bring that up is, if you're making $25 an hour or more, a third, they say, the

[18:51] company says a third can go for rent.

[18:54] A third of it is going to go for taxes and off your payroll check.

[18:58] That leaves about $1,300 left for utilities, car, car insurance, gas, food, phone, student

[19:07] loans, and you better not have a doctor, you don't have to go to.

[19:12] And this is just for a one bedroom apartment, $1,100.

[19:18] They call them studio apartments.

[19:20] So my concern is how many people are making $25 an hour to fill these apartments.

[19:25] So, I ask you both, how many people you've paid $25 an hour or more?

[19:34] All right, thank you.

[19:35] Can't give an answer?

[19:36] This isn't a Q&A.

[19:38] All right, other citizens?

[19:44] Seeing none, we will go on to Mayor's Communications.

[19:48] Just a reminder that fireworks sales are going to be starting up here on June 28.

[19:54] And we'll go through the fourth, obviously.

[19:56] Obviously, from June 28th to July 2nd, fireworks are sold from 10 a.m. to 10 p.m. and shot off

[20:04] and can be shot off until 10 p.m. And then on the 3rd and 4th of July can be shot off

[20:08] until midnight. I will, I bet probably all of us up here can agree that this is probably

[20:12] one of the times a year that we get the most complaints from citizens about neighbors

[20:17] not minding those hours and shooting off fireworks at 1 a.m. in the morning. Please

[20:22] Please be neighborly, please be considerate and consider your neighbor's pets or folks

[20:29] out there, maybe the PTSD as well, but please enjoy the 4th of July.

[20:33] We have a lot of great events going on out at the Brickyard Park obviously on the 4th

[20:40] of July as well as the YWCA parade during the day around noon around Fisher Fountain.

[20:46] So I hope you all can make it out there.

[20:48] That's all that I have, so we'll move on to the CONSID agenda.

[20:51] Is there anything that needs to be removed?

[20:53] Motion to approve the consent agenda as presented.

[20:56] Second.

[20:57] Motion by Fong, second by Hartman.

[20:59] Please go ahead and vote.

[21:01] Fong.

[21:02] Yes.

[21:03] Hartman.

[21:04] Yes.

[21:04] Rowan.

[21:05] Yes.

[21:06] Hephaker.

[21:07] Yes.

[21:08] Ealy.

[21:08] Yes.

[21:09] Consbrook.

[21:10] Yes.

[21:10] Huntley.

[21:11] Yes.

[21:12] The motion passes 7 to 0.

[21:14] Moving into the regular agenda,

[21:16] there is no unfinished business.

[21:17] We'll move into public hearings, item A,

[21:19] public hearing on the application of Valentini's

[21:21] LLC doing business as Valentini's martini bar and gallery for a class C liquor license beer wine spirits on and off sale at

[21:29] 3609 some are on Plaza Suite 135

[21:33] Public hearing is now open

[21:35] chief

[21:40] Mayor and council the police department process the application for Valentini's martini bar and gallery and

[21:47] The manager Maria madrigal and we found no disqualifications and would recommend approval of the license

[21:54] Thank you.

[21:55] Thank you, Chief.

[21:57] Are there any speakers?

[22:02] He's a staff member.

[22:04] You can come back up if you'd like to state it,

[22:05] but as a staff member, I think we all know Chief's story.

[22:08] Adam's story, 317 South Burlington Avenue,

[22:11] Hastings Police Department.

[22:12] All right, thank you.

[22:15] Are there any speakers for this item?

[22:17] Any against?

[22:19] Either way, public hearing is not closed.

[22:22] I need a motion and a second for approval.

[22:24] motion to approve resolution number 2024-37 approving the application of

[22:30] Valentini's LLC doing business as Valentini's martini bar and gallery for a

[22:34] class C liquor license at 3609 Simron Plaza suite number 135

[22:41] motion by Hartman second by Ely any questions or discussion from council

[22:46] All right, seeing none, please go ahead and vote.

[22:50] Huntley?

[22:51] Yes.

[22:52] Consbrook?

[22:52] Yes.

[22:53] Ealy?

[22:54] Yes.

[22:54] Huffaker?

[22:55] Yes.

[22:55] Rowan?

[22:56] Yes.

[22:57] Hartman?

[22:57] Yes.

[22:58] Fong?

[22:59] Yes.

[23:00] All right, the motion passes seven to zero.

[23:02] Moving on, item B, approval of the manager application

[23:04] of Maria Madrigal in connection with the Class C

[23:07] liquor license of Valentini's LLC,

[23:10] doing business as Valentini's Martini Bar and Gallery,

[23:12] located at 3609 Samara and Plaza Suite 135.

[23:17] I'll make a motion to approve the manager application of Maria Madrigal in connection

[23:23] with the Class C liquor license of Valentini's LLC, doing business as Valentini's

[23:27] McTinney Bar and Gallery, located at 3609 Simron Plaza, Suite 135.

[23:34] Motion by Hartman, second by Fong.

[23:36] Anything else to add, Chief?

[23:39] Any questions or discussion from Council?

[23:42] I was in this establishment before this young lady decided to take it over and

[23:46] run it and if I owned a bar I would want her as a waitress in my bar. I can

[23:50] hardly think of a way this place would not be successful with her running it.

[23:54] Very good. Any other any other questions or discussion from Council? All right

[24:00] seeing none please go ahead and vote.

[24:03] Fong? Yes.

[24:04] Hartman? Yes.

[24:06] Rowan? Yes.

[24:07] Huffaker? Yes.

[24:09] Ealy? Yes.

[24:10] Consbrook? Yes.

[24:11] Huntley? Yes.

[24:13] All right the motion passes seven to zero. Moving on there is no general

[24:16] business. We'll move into ordinances and resolutions. Item A, ordinance number 4761, amending the

[24:22] zoning district map to change zoning from R1A, single family residential large lot,

[24:26] to R3, multiple family residential district for property generally located to the southwest

[24:32] of the intersection of East 26th Street and North Elm Street. And to amend the official

[24:36] zoning map, this is first passed on first reading on June 10th, 2024. So I need to

[24:43] motion, a second for passage of ordinance number 4761 on second reading.

[24:47] Motion to approve ordinance number 4761, amending the zoning district map to change zoning from

[24:53] R1A single-family residential large lot to R-3 multiple-family residential district for

[25:00] a property generally located to the southwest of the intersection of East 26th Street

[25:05] and North Elm and to amend the official zoning district map. It was passed on first

[25:10] reading in June 10th, 2024.

[25:14] Motion by Fong, second by, or motion by Hartman, second by Fong. Sorry about that.

[25:19] Staff. Chad, anything to add? No, sir. I have nothing else. I've had Chad Bunger,

[25:25] Director of Development Services. Okay. Any questions or discussion from Council?

[25:31] Sean.

[25:35] After the overwhelming amount of support that this received at our last reading,

[25:39] I actually took count tonight, and I got, according to my numbers, 8 to 2.

[25:45] I just would like to make sure that our council vote mirrors that in some way, shape, or form.

[25:50] It's disappointing when you can see this kind of support for something and then still see

[25:56] so many people vote against it without explanation.

[25:59] Okay.

[26:03] Butch.

[26:05] Well, I spoke to Chad just before the meeting, and my figures were right.

[26:12] We're still about 1,300 housing units down for the city of Hastings, and that's a lot.

[26:20] Which means, you know, it's not all about affordable housing.

[26:23] It's also about workforce housing, and it's about the higher-end housing, you know, as

[26:29] they were talking, doctors, lawyers, you know, so there's several different sets

[26:34] of housing.

[26:34] This just happens to be the workforce housing, and we still need that.

[26:38] but we've been accused I've been on the council seven and a half years and we're

[26:43] always accused of letting the money people swear opinions that we're not

[26:50] developer contractor friendly and not approving something like this just goes

[26:56] on to say that we're not developer friendly and and that's just not true

[27:01] we need to do this but

[27:08] the city is filling up we need to expand and

[27:12] expand you have to expand out and when we vote on these issues we vote for or we

[27:20] should be voting for what's good for the city of Hastings what's good for the

[27:25] citizens of Hastings you know and what's good for the future of Hastings

[27:30] and that's why we all need to vote for this because you know this is just

[27:35] going to put a little dent in the 1300 housing units and if we don't do this

[27:41] Are we going to get developers that want to build the other 1,100?

[27:49] We pretty much all ran on transparency issues, you know, and like Sean said, you know, if

[28:00] we're being transparent, we should be explaining why we're voting the way we are.

[28:06] If nothing else, to let our constituents know why we're doing it, and to also give a chance

[28:14] to, you know, I know there's been a few times that I was going to vote no and somebody says

[28:19] yeah, but did you think about this or this?

[28:21] So it gives the council a chance to discuss the item a little bit more and maybe assuage

[28:27] the concerns that some people may have.

[28:30] So again, I'm going to be voting for this for the reasons I specified.

[28:34] Thank you.

[28:36] Steve.

[28:37] What is a 404 case?

[28:39] I've never heard of that.

[28:42] Anyone know?

[28:43] What?

[28:44] A 404 case.

[28:46] Dr. Dietz mentioned.

[28:49] Does anyone know what that is?

[28:50] I'm just asking.

[28:52] I don't think it's pertinent to the discussion of the reason.

[28:57] You know, I'm just asking.

[28:59] I guess I got the right to ask that question.

[29:00] Maybe explain how it would be relevant,

[29:02] and then we can discuss it.

[29:03] but I don't even know what you're talking about.

[29:05] I've never even heard of it before.

[29:06] Well, that's what I'm asking what it is.

[29:09] You don't have a relevancy.

[29:10] I mean, if you have a reason for asking,

[29:12] you should have a relevancy.

[29:13] I mean, why would you ask?

[29:14] Mr. Hartman, I'll answer that real quick.

[29:16] It's something that I want to know before I vote.

[29:21] What is it?

[29:23] OK, so from staff, we'll answer that.

[29:25] Yeah, that's what I'm asking.

[29:30] to provide at least a broad overview of it. As I understand it, Section 404 is part of

[29:38] the Clean Water Act that the U.S. Corps of Army Engineers overseas. So I don't know precisely

[29:45] what the complaint was or what the individual was talking about, but I can only guess that

[29:52] That was a notice given the U.S. Corps of Engineers that there could be some issues regarding water

[30:02] And

[30:04] as we discuss this, I'd just like to remind everyone that this is a rezoning application.

[30:09] What we're talking about today is rezoning. It's not about runoff. It's not about blight

[30:14] or substandard issues. Those have been decided. Those are not what we're talking about today.

[30:20] We are talking about the rezone as described in this. Other questions or discussions?

[30:25] Brett, I have a couple of questions. First, I have a comment. I am not against housing.

[30:29] I never have been. I've always explained my votes. Now that being said, I am not a

[30:36] rubber stamp. Okay. If I'm going to vote for something, I have to feel comfortable doing

[30:42] it. What that means for me is I need information from the staff or whoever provides that. So

[30:48] that being said, who is generally responsible for these water issues that come up in

[30:52] these developments? Can anybody answer that question for me? Who does it? The developer,

[30:57] for the city who who actually does those things typically I mean if it's a

[31:03] project that we're overseeing at the city it's going to be your city engineer

[31:06] or sometimes we'll contract out for some of those services in this case I

[31:10] think the water there was a water study done by an outside consultant I'm not

[31:18] sure what the question is there but as far as a responsibility the consultant

[31:23] for the developer does the calculations and then my staff along with Chad being

[31:30] the floodplain manager we review to see if it's appropriate per city code so if

[31:35] that answers well I guess my question is is if there are and it doesn't matter

[31:40] what development we're talking about okay anytime there's a water issue runoff

[31:44] drainage or whatever it may be who who is the person or the department that is

[31:50] responsible for getting that taken care of before these projects move forward.

[31:55] Maybe that's a better way to put that. Because the reason I ask that is, is we

[31:58] got to do it right to begin with, so we don't have to chase ourselves, chase

[32:02] our tails later trying to figure out what happened, so we can get it all done the first time.

[32:07] Basically crossing our i's, doting our t's. And that's information

[32:10] that has not been provided to us, and it has been brought up.

[32:14] And so I just want to know who's responsible for doing that, so that we

[32:18] We can do an OK on some project regardless of what it is or where it's at.

[32:23] If there's a water issue, whose responsibility is it to look into that or do permits or whatever

[32:28] they got to do?

[32:29] I don't even know what they got to do.

[32:30] Again, that's the developer's engineer to do the calculations and then engineering

[32:34] staff and development services staff to review, just like what's done with this

[32:39] development.

[32:40] And just to be clear, there's a site planning process, right, where we have engineered

[32:45] site plans that come in to take a look at these sorts of calculations that's not

[32:49] what we're talking about with the reason I just want to make that clear no I

[32:52] understand that I just want to make that clear yeah I understand mr. rebutt it but

[32:55] I want to make sure that we do it right and that's why I'm asking these

[32:58] questions all right other questions yeah Steve I think everyone in this room

[33:07] agrees we need housing including myself I mean there's a shortage however there

[33:13] There are still questions, water, traffic, everything.

[33:18] We need to do this right.

[33:22] The one great, there's a lot of great things about our country.

[33:25] One of them is our Constitution.

[33:28] And it gives us a right to vote and speak and inform our own opinions.

[33:36] How often do you see the legislature or the U.S. Congress vote 100 percent in favor

[33:43] of anything. Not very often. In fact, you know, according to the clerk, the journal clerk

[33:51] at the legislature, they don't even vote unanimously to adjourn half the time. Kind of interesting,

[33:58] I thought.

[34:01] I received a recent email that was very disturbing to me.

[34:09] I'm going to paraphrase

[34:10] a little bit. I'm not going to read the whole thing and thing. But it said, you know, basically,

[34:16] if you don't vote for this project in my ward, I'm going to hold you accountable. I'm going

[34:22] to make you stand up. And to me, that's exactly what I wrote. And I didn't, it's not paraphrased

[34:28] if you don't vote for it. If you don't, what does it say on that email?

[34:32] Well, I'm paraphrasing.

[34:32] If you don't vote in representation of the people that elected you because the

[34:36] Obvious support that's coming from the people that not only came to us before counsel see during counsel and even tonight

[34:42] 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

[34:47] Don't read it. I know I said I'm paraphrased and I can't I

[34:51] People that Mr. Hartman even last week oh people in this is what we're going voted against where we're over well

[34:57] We wanted to say wanted to die Steve. I believe I have the floor. Yes, please go ahead

[35:03] And this is where we're going.

[35:05] I took it and you just did a great example

[35:08] as bullying or intimidation.

[35:12] In fact,

[35:18] I sent this to my own legal team at my expense.

[35:22] And they said, Steve, all you can do now is abstain.

[35:27] No matter how you vote, the validity of your vote

[35:31] is a question.

[35:33] The biggest thing we have to do is stop the bullying,

[35:36] stop the intimidation and work together as a council, and then this city will grow.

[35:43] How is it considered bullying?

[35:45] Folks, I will hold you accountable. I will make you explain it.

[35:50] How is that bullying?

[35:51] You guys are elected officials just like everybody on this side are.

[35:54] You're supposed to represent our place.

[35:56] Would you let me explain?

[35:59] It is, because what you're doing now.

[36:03] You will not back. You will keep coming after people. You will ridicule them, in my opinion.

[36:10] You will publicly chastise them. You can humiliate them. And who knows? You might even put them

[36:16] in a safety issue. I don't know. My opinion. I'm abstaining from this because of this email

[36:23] that I feel tainted my vote.

[36:33] I don't have anything to say to that. You guys all got the email. You know what it all says.

[36:37] If you want to share it with everybody else in the crowd, that's up to you.

[36:39] I was disappointed in the way we represented the people that elected us after our meeting we had on June 10th.

[36:45] That's exactly what it said. And I felt like you people that voted against it when there was so much overwhelming support

[36:50] owed everybody an explanation. And I spoke with people that were in the crowd that were overwhelmingly disappointed

[36:56] that they weren't represented fairly. And that's what it said.

[36:59] It's not a bullying, it's a fair representation of the people that elected us to sit up here

[37:04] and make smart decisions based on the overwhelming amount of support.

[37:08] Brad, you even said you're not against the project, you're against the legal issues, and

[37:12] the legal issues got explained and then you voted against it anyhow, without explanation.

[37:18] That's not true.

[37:20] Okay, that is not true.

[37:21] He gave an explanation.

[37:23] I did give an explanation.

[37:24] I said, my hang-up was the legal issue that came up 30 years ago, and that was my biggest

[37:31] hang-up.

[37:32] And in fact, I think I said that had that not been, actually I said that in a meeting

[37:37] I had with Jesse after that, so I'll take that part back.

[37:39] But no, I said that I was hung up on the legal issues, because at that time when that

[37:46] vote was put down, or given to the floor, I guess a better way to put it, I still

[37:51] to not have the answer as to why it was different now than 30 years ago. I gave that explanation.

[37:59] I talked to several people that emailed me and explained that very same thing. I just

[38:03] explained to everybody here tonight. And so I did give an explanation. And I am not for

[38:07] or against this project. I just want to make sure that it is done right and it's done

[38:11] properly so that we don't have trouble down the line. And I said that at the last

[38:15] meeting. That's all I've ever said. And, you know, I don't know. I'm not for or against it,

[38:22] but I would like to know those answers that I ask. Because if I'm going to vote for something,

[38:27] yes, I do represent people. But I also have to be comfortable in my chair to vote for something.

[38:32] If I don't have the information I've been asking for, then my vote is not just going to be a

[38:37] rubber stamp, yes. I want answers to questions that I have. And I think part of the problem

[38:42] was that was not given to us and that's that's the bottom line on that you feel

[38:48] it's been taken care of now yes and no I do have concerns about water drain off

[38:55] now with permits and everything else and whatever this comes up with I mean

[39:00] what it comes down to is you're never going to get everybody to vote 100%

[39:04] all the time okay and I'm staying right here in the record I'm not for

[39:07] against it but I'm not comfortable with the information on this water

[39:10] issue because if there is truly a water issue which I have no idea if

[39:13] there is, because no one's told me if there is. There's been no information on that.

[39:18] And let me just say that. Is that not pertinent to a developer coming in that everything should

[39:25] be in order and ready to go for that person to do whatever he's going to do so that there's

[39:31] nothing that comes back to bite them later, or the city later? And that's all I want.

[39:36] That's all I've ever asked for. And so, initially, when I did talk to Jesse, yes,

[39:42] I had a better understanding of that court ruling, but I still am leery because of these

[39:48] water issues that have come up now, which I don't think, I think they were mentioned

[39:53] at the last meeting, but that really didn't, that wasn't a thing.

[39:56] The thing was the legal issue from 30 years ago, which, by the way, was basically the

[40:00] exact same property, but it's been explained to me now.

[40:03] But we do have things that I'm concerned about, and that's what that's, I don't

[40:09] know.

[40:09] So I guess the only thing I can tell you is that I'm not for or against it, so I will

[40:14] probably abstain as well because there's still concerns I think that we need to address.

[40:21] Matt.

[40:22] Chad, there's been a lot of discussion regarding kind of the process from here on out.

[40:27] The agenda item for us in front of us is a discussion of a rezone of a property from

[40:34] one designation to another designation district.

[40:37] Can you maybe talk through just a little bit regarding what the process looks like going

[40:41] forward in this potentially future development of this site?

[40:48] Sure.

[40:48] So, if the rezoning passes, then they can legally be allowed to construct anything

[40:57] on that list of permitted uses or conditional uses if that process were to be followed.

[41:04] They obviously want to subdivide, so they proposed to us and was approved two weeks ago.

[41:10] The preliminary flat basically lays out, this is what our intentions are for the lock configuration,

[41:17] the layout of the roads, the preliminary design of the infrastructure, as well as

[41:23] the preliminary design of stormwater infrastructure.

[41:26] So detention, bioswells, piping, all those things.

[41:31] In a few weeks, or no, excuse me, last week the final plot was recommended for approval

[41:39] to you all by the Planning Commission, which will create the final plot that legally defines

[41:46] each lot, roadway right away, and then any utility easements that need to be accompanied

[41:54] with that so that public infrastructure, roadways and what not can be designed by either the

[42:00] consultant's team for the developer or by the city. That will all correct me if I'm

[42:07] misstating anything. Once the design is done, then that will be installed, constructed

[42:13] by the developer. For our specifications or for our design, it will then get turned

[42:19] over as public infrastructure at that point. We haven't really, well, although the majority

[42:29] of the infrastructure for storm water will be constructed and installed and reviewed

[42:36] by engineers, that will all be private, most of it will be private infrastructure, correct?

[42:42] And so that will mean it will be privately owned and maintained but designed to our

[42:48] specifications and requirements for the perpetual, you know, for the life of the project.

[42:55] From there, once the plan is done, all the infrastructure is designed and the majority

[42:59] of it is in place, then building permits can be applied for and issued and constructions

[43:06] of any of the buildings can begin then. I hit them all at all the steps. So that

[43:12] is the process we're looking at from here on out if this is approved.

[43:16] Okay. Thank you. I appreciate that. Just from my perspective, again, our discussion

[43:22] here is reviewing a zoning designation. I personally, myself, will be casting a vote

[43:30] in favour of this redevelopment project. I do think we have discussed for a long time

[43:35] that the housing becomes a significant issue for either our growth or not our growth.

[43:41] And so we have an opportunity to do that here. We have teams of people in place

[43:45] from city staff as well as developers who are going to solve these issues that have been

[43:51] discussed here today. And I would just like to say thank you in eight concepts. We appreciate

[43:58] you coming to town. We appreciate you wanting to invest in our community. It's important.

[44:03] And so it's important for our future growth and success. And so I do think it's a good

[44:08] opportunity for us to see growth in an area where there's already public infrastructure.

[44:12] The lot itself was publicly available for sale for some time, so it was a willing seller

[44:18] who was willing to sell it for development.

[44:21] And it's a good opportunity for us to see growth for the community.

[44:27] And so I'm excited about this and look forward to seeing it come to fruition at some point in the future.

[44:35] Thank you Matt.

[44:36] Other questions or discussion?

[44:38] Sean?

[44:38] I do want to explore something quickly just with the comments, but things haven't been

[44:45] explained well.

[44:47] For my perspective, like with the attorney-related stuff, that was, you know, Jesse explained

[44:54] those things twice now.

[44:56] Lee, at this point, has explained the water.

[45:00] And the street issues. And in my mind, these issues have been appropriately addressed. And

[45:06] I, I, I, is there some, is there some disconnect or something that is not making sense? Because

[45:12] when I'm, when I'm listening to staff, I can tell that they are, you know, at the, the

[45:17] point that it is here is that they're recommending that it move forward. So is there, is there

[45:22] some concern or something that's not making sense that, that we've talked about with

[45:27] those issues? Yeah.

[45:31] Well, like I said, I'm still not clear here where and if there is

[45:41] a water issue, drain off storm amount of whatever you want to term it, has that been addressed

[45:48] or will it be addressed is what I'm trying to figure out here because what I'm getting

[45:52] right now is, is we're getting information that says there's water issues. It says there's

[45:57] the geological people in the library, NRD's involved in that. And this does drain into

[46:05] the Big Blue River, if I remember Lee mentioning that a few weeks back, or a couple weeks back,

[46:10] that the runoff's got to go somewhere, okay? So to the north and east of there is,

[46:20] you

[46:20] I just want to know is has the things that need to be done to address those type of issues

[46:27] been dealt with because, and that's why I ask, who doesn't?

[46:30] Is it the city?

[46:31] Is it the development people?

[46:32] Is it the engineer?

[46:33] Is it the developer?

[46:34] Who does that?

[46:34] Because that is not clear to me who actually is responsible for doing that in order to

[46:39] do it right so we don't have problems later.

[46:43] So that's what I don't quite understand and I don't believe I've been told yet

[46:48] Who is responsible for doing that if it came out? I missed it. Okay

[46:52] So the answer to your questions there as far as legal goes

[46:57] I know Jesse's looked at this at a variety of different angles. I

[47:01] 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

[47:07] The water issues and these different things

[47:11] And with the street issues that have been brought up. I don't think that there's any concerns from engineering at all

[47:17] based on the new traffic. So in answer to your question I think that there's no

[47:22] concerns from staff on any issue that's been brought up so you can have that

[47:27] comfort.

[47:29] If I may Councilman so

[47:36] at this point in the development process this

[47:38] is preliminarily looked at to say this is the proposed development we know

[47:46] So building footprints generally, we know number of units, parking lot sizes, amount

[47:51] of impervious services more or less, all provided to us by the consultant and their development

[47:57] team, or excuse me, the developer and their consultant team.

[48:01] They take that information and, granted I'm speaking in big broad terms, mind you,

[48:08] but they then take that and calculate this is the anticipated amount of runoff that

[48:14] that will come from this development.

[48:16] And our standards say that you need

[48:18] to create infrastructure, private or public,

[48:23] for that stormwater runoff,

[48:25] that will slow the rate of that runoff

[48:28] and capture enough so that that post construction,

[48:32] when it's developed, the amount of runoff

[48:35] will be equal to or less than

[48:37] what is coming off the land today as a farm field.

[48:41] And at this point, the preliminary development plans, excuse me, the preliminary plat, we

[48:47] require them to say, hey, this is what it's going to be, this is our general concept,

[48:51] this is where it will be located, pipe sizes, general detention cells, sizes.

[48:57] And based on that, we think we're going to meet the city's requirements of our development

[49:03] will have less rate of runoff compared to what's there today.

[49:07] Then, if approved, then the details are put into place of construction design, actually

[49:17] constructing it, inspecting it, and then those are all put in place.

[49:23] And that's where the devil and the details are.

[49:26] We're not at that point yet because it would be real problematic or real costly

[49:33] inexpensive if the council doesn't approve those things to put that much detail into

[49:41] a preliminary plan. We have enough information that says we know what we anticipate what

[49:47] the runoff will be based on this development and they've met our standards. From there

[49:52] with the building project or the infrastructure design and construction and the building

[49:56] projects, we will confirm that they are doing the right, sorry, we will confirm that they

[50:06] are designing it to those specifications based on engineering. And this project, the developer

[50:15] and future owners will maintain that infrastructure. So if there were to be a problem, not anticipating

[50:22] meaning it, but if there were, it would largely be on the developer to correct that if they

[50:30] are wrong in their miscalculations or they design it wrong or construct it wrong.

[50:35] We naturally, I think as a city, would probably help in working with the property owners that

[50:41] are impacted and the developer to figure out solutions with the right authorities.

[50:47] But largely that is the process and hopefully this is making sense.

[50:50] We're just not at a point to say absolutely 100% guaranteed this won't be a problem.

[50:56] Based on our standards, based on the design and what they've proposed, we're real confident

[51:01] that there should not be any water quantity or quality issues, but we're just not at

[51:07] that point in the development process to say I'm 100% guaranteed that there won't

[51:11] be.

[51:12] And really, largely, there is no 100% guarantee.

[51:14] they designed to a specific storm or specific amount of rain over a period of

[51:19] time and if the skies open up we've seen this occur just this last week up north

[51:26] you can never design for big enough storm but we designed for what's

[51:31] anticipated or a standard within Hastings so hopefully that is making

[51:36] sense to you sir. So let me ask this question then if I may.

[51:43] So what if I

[51:44] I understand you correctly at this point it's too early to worry about water

[51:50] concerns is that what you're saying not that it not too early to worry about

[51:54] water concerns but if I heard your concerns right we don't have the

[52:02] perfect amount of information or all that to say it will be designed this

[52:07] exact way and it won't, you know, it will or won't cause issues. We require a certain

[52:16] amount of information at this point in the development process of what's the general

[52:20] layout of the development going to be, what's the rate of runoff, pre-development versus

[52:27] what's anticipated after full construction, and have you created infrastructure that

[52:33] will handle that. And then that, if approved, then through the building process, we will

[52:38] design it. Either the developer's team will design it or the city staff will design it.

[52:44] It will be constructed and then confirm that, yes, it meets our specifications, whatnot.

[52:51] All that said, again, I've seen it time and time as a floodplain manager, you never

[52:57] can design for every storm. Something weird is going to happen. It's floodwaters.

[53:01] things are going to happen but we're confident that it's at this point designed to an appropriate

[53:07] level that'll keep property and people safe.

[53:13] And just as a reminder, you are the legislative body and what's in front of you today is

[53:18] a rezone. You're making a decision on a policy to rezone the property. We're not

[53:24] necessarily talking about runoff. It sounds like we're beyond the concerns with the

[53:30] issues. We are talking about this. This is the policymaking phase. After the policymaking

[53:36] phase is either approved or denied, it's approved, you move into site plan phase where we talk

[53:42] about engineered plans and all that kind of stuff where you actually get into calculations

[53:46] to accommodate the water runoff and the impervious surface ratio. So all that stuff comes at

[53:52] this later phase. So we're kind of at that policymaking phase. Your job is to monitor

[53:55] of the policymaking issues. Let's focus on getting this rezone voted on. Let's continue

[54:02] the conversation. We need to have the conversation. I just don't want to go too far down this

[54:05] rabbit hole on drainage issues tonight, okay? Fair enough. All right. Other questions or

[54:12] discussion from council?

[54:16] Yes, sir. Based on the reasons that I gave earlier, can

[54:19] Okay. Any other questions or discussion? All right. Seeing none, please go ahead and vote again.

[54:33] Huntley?

[54:34] Epstein?

[54:35] Consbrook?

[54:37] Yes.

[54:38] Ealy?

[54:39] Yes.

[54:40] Huffaker?

[54:41] Yes.

[54:42] Rowan?

[54:43] No.

[54:44] Hartman?

[54:45] Yes.

[54:47] Fong?

[54:48] Yes.

[54:49] Okay.

[54:49] All right. So the motion passes five to one with one abstention on second reading. So

[54:57] then we will have our third and final reading at our next meeting. We're squared away. All

[55:03] right. Thank you. All right. We will move on to there are no final faster ordinances.

[55:09] We do have some appointments to make item a appointments to boards and commissions.

[55:13] Ann Hinton is a reappointment to the zoning board of adjustment. We require a planning

[55:18] commissioner, one planning commissioner to serve on the Zoning Board of Adjustment, and

[55:22] I believe Ann is that member that serves on both boards per code. And then we also have

[55:29] an appointment through the library board, Caroline Kemp, and I'd just like to thank

[55:32] Ann and Caroline for their willingness to step forward and serve on these volunteer

[55:35] boards. So that being said, I'd accept a motion and a second.

[55:39] Motion to approve the appointments as presented.

[55:41] Motion by Fong, second by Ely. Any questions or discussion? All right, please go and vote.

[55:49] Fong? Yes.

[55:51] Hartman? Yes.

[55:53] Rowan? Yes.

[55:55] Huffaker? Yes.

[55:57] Ely? Yes.

[55:58] Consbrook? Yes.

[56:00] Huntley? Yes.

[56:02] All right, the motion passes seven to zero. And thanks to all of our board members that continue to serve.

[56:07] And if you're interested in serving on a board, please go on to our website and go ahead and fill out an application.

[56:15] Moving on, there's no miscellaneous in other business.

[56:18] We don't have a reason to go into closed sessions.

[56:19] I'd accept a motion and a second to adjourn.

[56:22] Second done.

[56:23] Motion by Huntley.

[56:24] Second by Fong.

[56:25] Please go ahead and vote.

[56:28] Huntley?

[56:29] Yes.

[56:30] Hansbrook?

[56:31] Yes.

[56:32] Ely?

[56:33] Yes.

[56:33] Huffaker?

[56:34] Yes.

[56:35] Rowan?

[56:36] Yes.

[56:43] All right, the motion passes 7 to 0. We are adjourned at 626 p.m.

City Council

Agenda

Transcript