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Home My WebLink About20090921 - CCMinutes 20090908 Hastings, Minnesota City Council September 8, 2009 The City Council of the City of Hastings, Minnesota met in a regular meeting on Tuesday th September 8, 2009 at 7:00 PM in the Council Chambers at the Hastings City Hall, 101 East 4 Street, Hastings, Minnesota. Members Present: Mayor Hicks, City Councilmembers Alongi, Slavik, Balsanek, Nelson, Elling Schultz and Hollenbeck. Staff Present: City Administrator Dave Osberg City Attorney Dan Fluegel Assistant City Administrator Melanie Mesko Lee Planning Director John Hinzman Public Works Director Tom Montgomery City Engineer Nick Egger Schutt Finance Director Char Stark Code Inspector Dawn West Approval of Minutes Mayor Hicks asked if there were any corrections or additions to the minutes of the regular City Council meeting on August 17, 2009 or the special meeting on August 31, 2009. Hearing none, the minutes were approved as presented. Consent Agenda Moved by Councilmember Slavik, seconded by Councilmember Alongi to approve the Consent Agenda as presented. 7 ayes; Nays, None. Pay Bills as Audited 1. Resolution—Accept Donation of Trash and Recycling Containers from Girl Scout Troop 50636 2. Resolution—Approve Raffle Permit by Hastings Hockey Boosters for October 31, 2009 3. Resolution—Approve Temporary Liquor License Permit for St. Elizabeth Ann Seton School for 4. September 14, 15, 16, 2009 Resolution—Approve Gambling Premises Permit for Climb Theatre at Tubby’s Bar & Grill (412 5. Vermillion Street) Approve Personnel Policy Amendments Relating to Mandatory Direct Deposit 6. Resolution—In Support of a Grant Application to MnDOT for Transit Service 7. Approve Agreement with Marco for Copier Services 8. Resolution—Approved Updated Drug and Alcohol Testing Policy for FTA Transit, Safety 9. Sensitive Employees Approve 2009 Safety and Wellness Grant Application 10. Order Public Hearing for September 21, 2009—Dissolving the HRA 11. First Reading/Order Public Hearing—Ordinance Amendment #2009-23: Keeping of Chickens in 12. PI District Designate September 26 as a Special Event for Downtown Business Association Oktoberfest 13. Event Accept Grant From Minnesota Historical Society 14. Public Hearing—Building Safety and Rental Housing Ordinance Updates City Administrator Osberg presented the item and noted that the changes proposed are for building safety standards and for some administrative updates in how rental housing licensing is processed. He noted that fees associated with rental housing will be considered by the Council in the next agenda item. City of Hastings September 8, 2009 City Council Minutes Page 2 of 4 Mayor Hicks opened the public hearing at 7:05 p.m. Paul Swanstrom, 505 McNamara Street, stated that the current biannual inspection and rotating license term seem fine and there is no need to change. Betty Sieben, no address given, stated that the rate increase is astronomical. Tracy Hatch, no address given, stated that it is difficult to be a landlord and additional fees cannot be passed along in this economy. Tony Berens, no address given, stated that annual license is fine, but many other cities do a two year license. Ryan Crick, no address given, stated that no change in the license term is needed. Michael Bryan, no address given, stated that if the inspection will remain on a biannual basis, what savings will occur. Hearing no further comments, Mayor Hicks closed the public hearing at 7:15 p.m. Public Hearing—2009 Fee Ordinance Updates Assistant City Administrator Mesko Lee presented the item and outlined some of the proposed changes. Osberg provided an update on the proposed rental housing fee changes. Mayor Hicks opened the public hearing at 7:15 p.m. Osberg read an email from Jim Kummer, opposing the fee increase, and Mark and Whispering Lane Apartments, also opposing the fee increase. Tom Dunn, no address given, stated that the comparables made were not equitable. Vince Teuber, no address given, stated that the proposed increases are unreasonable. Todd Ringfeld, no address given, stated that the proposed increases seem like a revenue enhancement tool. nd Steve Green, 218 2 Street, stated opposition to the proposed increases. Darren Hatch, 2630 Yellowstone, stated opposition to the proposed increases. Paul Swanstrom, stated that the proposed structure is not equitable. Ms. Schaeffer, asked whether the City would accept county inspections. Code Inspector West stated that the City does not, as the inspections do not always cover the same things. Michael Bryan, no address given, stated support for inspections every 2 years and standardization in property maintenance, but there is inequity in the proposed structure. nd Tony Berens, 211 2 Street East, stated that the proposed fees are not in line with what other communities charge. Ross Hartman, Lyn Way, stated that he agrees with the goal of rental housing to help renters, but the proposed fees don’t do that. th Joan Davidson, 1373 West 12 Street, stated that she doesn’t support the proposed fees. Hearing no further comments, Mayor Hicks closed the public hearing at 7:45 p.m. Second Reading/Ordinance Amendment—Building Safety and Rental Housing Ordinance Updates Mayor Hicks stated that the proposed fees are too high at this time. He stated a desire for staff to do a further analysis and bring this back to the Council in the future. Councilmember Schultz stated she would support that action, and suggested that staff consider a star program, similar to what other communities have. Moved by Councilmember Schultz, seconded by Councilmember Alongi to approve the Building Safety updates as proposed, and to delete any changes to the rental housing code proposed. Councilmember Hollenbeck stated that she is a rental property owner and will abstain from the vote. 6 Ayes; Nays, none. Councilmember Hollenbeck abstaining. Second Reading/Ordinance Amendment—2009 Fee Ordinance Updates Councilmember Alongi requested additional analysis by staff when considering fee adjustments. City of Hastings September 8, 2009 City Council Minutes Page 3 of 4 Councilmember Slavik stated that as a rental property owner in another community, he understands the value of the rental housing ordinance. He stated that he would like consideration for maintaining a two year license term. Councilmember Hollenbeck stated as a member of the Administrative Committee, she looks forward to working with the rental housing community on a review of the fee structure. Moved by Councilmember Schultz, seconded by Councilmember Balsanek to approve the fee ordinance updates, with the exception of any changes to the rental housing fees. 6 Ayes; Nays, none. Councilmember Hollenbeck abstaining. Habitat for Humanity Homeowners’ Association Request for City to Take Over Access as Public Right of Way Public Works Director Montgomery introduced the item and stated that staff recommends that the City deny the request to take over the right of way as requested. George May, attorney for the homeowners association, requested that the Council consider the unique circumstances and approve the request. Ruth Hawkin, attorney for the other homeowners, also requested consideration of approving the request. Councilmember Alongi stated that this is a judicial manner, and not the City’s role. Moved by Councilmember Alongi, seconded by Councilmember Nelson to support staff’s recommendation to deny the request by the homeowners association. 7 Ayes; Nays, none. River Flats Xcel Transmission Line Relocation City Engineer Egger introduced the item. He stated that Council direction on whether a wooden or steel pole at the trail intersection as part of the permanent transmission line relocation is the wish of the Council. A steel pole, which the Council had previously given conceptual approval for, will be funded from the aesthetic budget. Egger noted that a decision is necessary for the process to begin. There was discussion about the price difference in the steel pole from earlier in the summer, the amount available from the non-bridge aesthetic budget, the ability to replace the east lattice pole with a monopole, and the status of the process. Moved by Councilmember Slavik, seconded by Councilmember Nelson to approve the easement request as presented. 7 Ayes; Nays, none. Moved by Councilmember Schultz, seconded by Councilmember Hollenbeck to approve the steel pole as part of the transmission line relocation. Roll call vote was taken. Ayes; four. Nays, three. Councilmembers Slavik, Alongi, and Balsanek voting against. The motion passes. Authorize Signature—Hastings Bridge Programmatic Agreement Moved by Councilmember Hollenbeck, seconded by Councilmember Slavik to authorize signature as presented. 7 Ayes; Nays, none. Resolutions—2010 Preliminary Budget Finance Director Stark introduced the item. Councilmembers Schultz and Alongi thanked the staff and Council for their work to date on a difficult budget. ? Resolution—2010 Proposed City Budget Moved by Councilmember Schultz, seconded by Councilmember Alongi to approve as presented 7 Ayes; Nays, none. City of Hastings September 8, 2009 City Council Minutes Page 4 of 4 ? Resolution—2010 Proposed City Property Tax Levy Moved by Councilmember Slavik, seconded by Councilmember Nelson to approve as presented 7 Ayes; Nays, none. ? Resolution—2010 HRA Tax Levy Moved by Councilmember Schultz, seconded by Councilmember Hollenbeck to approve as presented 7 Ayes; Nays, none. ? Resolution—Set Truth in Taxation Public Hearing Dates Moved by Councilmember Hollenbeck, seconded by Councilmember Schultz to approve as presented 7 Ayes; Nays, none. Announcements ? HEDRA will meet on Thursday, September 10 at 6:00 p.m. ? The Girl Scouts were thanked for their donation of trash and recycling containers. ? The City is working with Waste Management to place recycling containers downtown. Adjournment Moved by Councilmember Slavik, Seconded by Councilmember Alongi to adjourn the meeting at 9:27 p.m. __________________________________ ________________________________ Paul J. Hicks Melanie Mesko Lee Mayor City Clerk