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HomeMy WebLinkAbout03-16-98 Hastings, Minnesota March 16, 1998 The City Council of the City of Hastings, Minnesota met in a regular meeting on Monday, March 16, 1998 at 7:00 p.m. in the City Hall Council Chambers, 101 4th Street East, Hastings, Minnesota. Members Present: Councilmember Yandrasits, Riveness, Johnson, Hicks, Moratzka & Mayor Werner Members Absent: Councilmember Simacek Staff Members Present: Dave Osberg, City Administrator; Tom Montgomery, Public Works Director; Marty McNamara, Parks & Recreation Director; Mike Wozniak, Community Development Director; Dave Gurney, City Engineer; Matt Weiland, Zoning Administrator; Joyce L. Pruitt, Administrative Assistant/City Clerk; and Shawn Moynihan, City Attorney Approval of Minutes Mayor Werner asked whether there were any corrections or additions to the regular meeting of March 2, 1998 and hearing none, approved the minutes as presented. Council Items To Be Considered Moved by Councilmember Yandrasits, seconded by Councilmember Moratzka, to add the Appointment of Planning Commissioner-Steven Anderson as Consent Item #6 and to add Change Orders and Payment of Bills for the Civic Arena as #2 under City Administrator. 6 Ayes; Nays, None. Consent Agenda Moved by Councilmember Yandrasits, seconded by Councilmember Hicks, to approve the consent agenda as amended, with the addition of #6 as Appointment of Planning Commissioner- Steven Anderson. 1. Pay All Bills As Audited 2. Massage Therapist Establishment License - Barbara DeFoe 3. 1 st Reading & Order Public Hearing - Proposed Ordinance Establishing a Permanent Odd/Even Sprinkling Ban 4. Order Public Hearing - Request to Vacate Part of Locust Street 5. K.C. Hall Renewal of Bottle Club License 6. Appointment of Planning Commissioner - Steven Anderson 6 Ayes; Nays, None. Public Hearing: Vacate Bailey St. Right-of-Way Mayor Werner opened the Public Hearing on the request to vacate part of Bailey Street at 7:02 p.m. Zoning Administrator Matt Weiland introduced the item. Mayor Werner asked whether there were any public comments on the issue, and hearing none, closed the public hearing at 7:03 p.m. Council Minutes for Re ular Meetin of March 16 1998 Pa e 2 of 9 Vacate Bailey Right-of-Way Moved by Councilmember Johnson, seconded by Councilmember Moratzka, to adopt Resolution No. 3-12-98, a resolution vacating street right-of-way & drainage & utility easements for part of Bailey Street. 6 Ayes; Nays, None. Copy of resolution on file. Public Hearing: 2nd/Final Reading-Rezone 600 East 21st - Cemstone Mayor Werner opened the Public Hearing on the proposed rezoning at 7 :04 p.m. Zoning Administrator Matt Weiland introduced the item. Mayor Werner asked whether there were any public comments on the issue, and hearing none, closed the public hearing at 7:05 p.m. 2nd/Final Reading-Ordinance No. 427-Rezone-600 East 21st Street-Cemstone Moved by Councilmember Yandrasits, seconded by Councilmember Riveness, to approve Ordinance No. 427, an Ordinance to rezone the Cemstone property from Agriculture to 1-1 Industrial Park. 6 Ayes; Nays, None. 1998 Street & Utility Program - Public Hearing (98-1 East Hastings Improvements-Public Hearing) Mayor Werner opened the Public Hearing on the proposed East Hastings improvements at 7:05 p.m. Public Works Director Tom Montgomery introduced this item and outlined the proposed improvements. Steve Meyer, 1121 2nd St. E., stated he was opposed to the project and felt it was an economic hardship to residents in the area. Mr. Meyer requested the contractors involved in the project hold adequate insurance for any structural damage incurred by working on this project. Mike Nogle, on behalf of his sister Marlene, who resides at 1300 E. 3rd, requested City Council delay taking action on this project to see if a house is built at the end of the road. Barb Hamilton, 1602 E. 4th St., requested the City Council table the issue to discuss a revised plan to only provide blacktop and not curb and gutter. Chuck Robinson, 700 E. 2nd St., expressed concern over widening the road and how it would impact traffic and children playing in the area. Michael Reuter, 1403 E. 3rd St., on behalf of his father, Charles, and mother Lucille, who reside at 1417 E. 3rd St., stated he was opposed to the project due to economic hardship. Mr. Reuter also stated he had not experienced any water in his basement due to rain run-off. Tom Knoll, 723 E. 2nd St., stated he was in favor of the project and supported 36 foot wide street. Mary Anderson, 1501 4th St. E., stated she was in favor of the road improvements. Mike Murtaugh, 724 E. 2nd St., stated he was in favor of the improvements for the front of the property but felt the City should pay for the alley improvements. Dave Carlson, 618 E. 2nd St., stated he supported the project but did not want 2nd Street widened and requested 3rd Street be a dead end at Bass. Jerry Hoeschen, 506 W. 6th St., requested access to his property located at the end of Barker Street, with the new street improvement project. Ruth Swanson, 215 Bass, expressed concerns about traffic flow onto properties and the impacts of the paved area increasing traffic in the area. Lisa Chapin, 1404 E. 3rd St., expressed concern for the improvements on Galena Street and how the street would impact her existing garage. Jim Estlund, 1001 E. 2nd St., stated he was in favor of the project. Mr. Chapman, 616 E. 3rd St., inquired about water flow for the proposed improvements. Jim Hoeschen, 1500 E. 3rd St., stated he was not opposed to the project but favored the reconstructed street estimated assessment rate be set at $22.73 per front foot. Butch Chapin, 1404 E. 3rd St., stated he favored vacating the alley and allowing property owners maintain. Mayor Werner asked whether there were any additional public comments on the issue, and hearing none, closed the public hearing at 7:45 p.m. Hastin s Ci Council Minutes for Re ular Meetin of March 16 1998 Pa e 3 of 9 Resolution No. 3-6-98 (98-1 East Hastings Improvements) Moved by Councilmember Yandrasits, seconded by Councilmember Hicks, to approve Resolution No. 3-6-98, ordering the improvement and preparation of final plans and specifications for Project No. 1998-1, East Hastings Area Street & Storm Sewer Improvements and amending the feasibility study to include the following: 1.) The City bears the same percentage of cost for the new road construction as it would for reconstructed street improvements. The City be assessed for full cost of paving and surmountable curb and gutter installed, creating an 18 ft. wide street for the alley connecting Bass St to the Lake Isabel boat ramp. Reconstruct 2nd Street at a 36 ft. width. Moved by Councilmember Moratzka, seconded by Councilmember Yandrasits, to amend the earlier motion to read: 3.) Reconstruct 2nd Street at a 38 ft. width. Moved by Councilmember Yandrasits, seconded by Councilmember Moratzka to amend the previous motion with the addition of: 4.) Direct Staff to investigate the feasibility of narrowing the alley, located behind the Chapin's property, or acquiring easement. 6 Ayes; Nays, None. Council vote on the motion to approve Resolution No. 3-6-98, òrdering the improvement and preparation of final plans and specifications for Project 1998-1, East Hastings Area Street & Storm Sewer Improvements and amending the feasibility study to include the following: 1.) The City bears the same percentage of cost for the new road construction as it would for reconstructed street improvements. 2nd Street to be reconstructed at a 38ft. width. 2nd Street walk to be rebuilt on the south side of 2nd St. between the rail crossing and Clay St., set five feet behind the back of the curb. Replace the existing walk on the north side of 3rd St. between Washington and Locust Streets. The City be assessed for the full cost of paving and surmountable curb and gutter installation, creating a 18 ft. wide street, for the alley connecting Bass St. to the Lake Isabel boat ramp. Direct Staff to investigate the feasibility of narrowing the alley, located behind the Chapin's property, or acquiring an easement. Pave the alley south of 2nd Street connecting Franklin and Washington St., and have surmountable curb and gutter installed, whereby abutting property owners would be assessed for alley improvements, with corner lots assessed for 25% of their frontage, and interior lots with front yard access off the alley for 100% of the frontage. 8.) Shifting Adams Street 11 ft. to the east to save the trees. 5 Ayes; Nays, Johnson. 2.) 2.) 3.) 4.) 5.) 6.) 7.) 3.) Mayor Werner Declared a Brief Recess from 8:09-8:10 p.m. Hastin s Ci Council Minutes for Re ular Meetin of March 16 1998 Public Hearing 98-2 Featherstone Road Mayor Werner opened the Public Hearing at 8:10 p.m. on the proposed Featherstone Road Improvements at 8:10 p.m. Public Works Director Tom Montgomery introduced the item and discussed comments Staff received from residents including Pat Schmitz's letter on the proposed sidewalks. Mr. Montgomery related a comment received by Pat Schmitz, an impacted resident, who requested the sidewalk be shifted to the north of Featherstone Road due to safety concerns. Mike Solac, on behalf of his parents residing at 1403 Featherstone, distributed a handout and discussed how access on Featherstone would be difficult. Mr. Solac expressed concerns over the cost of the assessment, and maintenance issues of the proposed sidewalk and retaining wall. Mayor Werner asked if there was any additional public comment on the issue, and hearing none, closed the public hearing at 8 :20 p.m. Resolution No. 3-7-98 (98-2 Featherstone Road) Moved by Councilmember Moratzka, seconded by Councilmember Yandrasits, to adopt Resolution No. 3-7-98, a Resolution ordering the improvement and preparation of final plans and specifications for Project No. 1998-2, Featherstone Road Street & Utility Improvements with the following: 1.) Concrete curb and gutter, new bituminous surfacing, and a 32 foot street width for Featherstone Road and Whispering Lane. A sidewalk will be located on the south side of Featherstone Road. Storm sewer is to be installed as part of the improvements. Sanitary sewer to be extended from the base of the hill to the City boundary jog at the top of the hill. This sewer will be constructed deep enough to provide service in the future to a short distance to the west. A 10 inch diameter water main to be extended from the base of the hill to the City boundary jog at the top of the hill. An 8 inch watermain will be extended along Whispering Lane to connect with the existing Williams Addition watermain and create a needed loop to Pleasant Drive. Moved by Councilmember Hicks, seconded by Councilmember Moratzka, to amend #2 of the previous motion to read a sidewalk will be installed for the north side of Featherstone Road. 6 Ayes; Nays, None. Council vote on Resolution No. 3-7-98 a resolution ordering the improvement and preparation of final plans and specifications for Project No. 1998-2, Featherstone Road Street & Utility Improvements with the following: 1.) Concrete curb and gutter, new bituminous surfacing, and a 32 foot street width for Featherstone Road and Whispering Lane. A sidewalk for the north side of Featherstone Road. Storm sewer to be installed as part of the improvements. Sanitary sewer main to be extended from the main of the hill to the City boundary jog at the top of the hill. The sewer will be constructed deep enough to provide service to the future to a short distance to the west. A 10 inch diameter water main to be extended from the base of the hill to the City boundary jog at the top of hill. An 8 inch watermain will be extended along Whispering Lane to connect to the existing Williams Additions watermain and create a needed loop to Pleasant Drive. 6 Ayes; Nays, None. 2.) 3.) 4.) 5.) 2.) 3.) 4.) 5.) Hastin s Ci Council Minutes Cor Re ular Meetin of March 16 1998 Pa e 5 of 9 Public Hearing: 98-3 10th Street, Walnut Street, & Municipal Pool Parking Improvements Mayor Werner opened the Public Hearing on the proposed 1998-3, 10th Street, Walnut Street & Municipal Pool Parking Improvements at 8:25 p.m. Jim Hoffman, 809 W. 10th St., stated he and his wife were in favor of improving Walnut Street but did not support the four property owners being assessed for the street improvements because of City wide benefit due to the pool. Mayor Werner asked whether there was any additional public comment on the proposed improvements and hearing none, closed the public hearing at 8:30 p.m. Resolution No. 3-8-98, 98-3 10th St., Walnut St., & Municipal Pool Parking Improvements Moved by Councilmember Hicks, seconded by Councilmember Yandrasits, to approve Resolution No. 3-8-98, a resolution ordering the improvement and preparation of final plans and specifications for Project No. 1998-3, 10th St., Walnut St., & municipal pool parking improvements with the following: 1.) Improvements on 10th Street from Maple Street to Walnut Street, Walnut Street from 10th Street to 11th Street, and parking improvements for the municipal pool and Roadside Park. 10th Street would be constructed with perpendicular parking on the north side and due to conflicts with the existing trees, no parking permitted on the south of the street. Walnut Street would have perpendicular parking on the east side of the street and parallel parking on the west side of the street. A 8 foot wide concrete walk would be constructed directly behind the curb on the north side of 10th Street and the East side of Walnut Street. Storm sewer to be installed on 10th Street from Maple Street to the 10th & Walnut Intersection. This storm sewer will drain 10th Street and all but the south 75 feet of Walnut Street. Watermain be extended on Walnut Street to install a hydrant at the corner of 10th & Walnut Street. Water services would be stubbed out to the four homes along the west side of Walnut Street. Construction of the municipal pool parking lot at the corner of Maple & 9th Streets. Mayor Werner moved to make a friendly amendment, seconded by Councilmember Johnson, to assess only the curb and gutter and boulevard costs to property owners for the project. 6 Ayes; Nays, None. Council vote on Resolution No. 3-8-98 a resolution ordering the improvement and preparation of final plans and specifications for Project No. 1998-3, 10th Street, Walnut Street, and Municipal Pool Parking Improvements with the following: 1.) Improvements to 10th St. from Maple St. to Walnut St., Walnut St., from 10th St. to 11th St., and parking improvements for the municipal pool and Roadside Park. 10th St., would be constructed with perpendicular parking on the east side of the street and parallel parking on the west side of the street. Property owners would only be assessed for curb and gutter and boulevard costs. An 8 foot wide concrete walk constructed directly behind the curb on the north side of 10th Street and the east side of Walnut Street. Storm sewer to be installed on 10th Street from Maple Street to the 10th & Walnut Intersection. This storm sewer will drain 10th Street and all but the south 75 feet of Walnut Street. Watermain be extended on Walnut Street to install a hydrant at the corner of 10th & Walnut. Water services would be stubbed out to the four homes along the west side of Walnut Street. 2.) 3.) 4.) 5.) 2.) 3.) 4.) Hastin s Ci Council Minutes for Re olar Meetin of March 16 1998 Pa e 6 of 9 5.) Construction of a municipal parking lot at the comer of Maple & 9th Streets is also included in the proj ect. 6 Ayes; Nays, None. Copy of resolution on file. Public Hearing: 98-4 Civic Arena Parking Mayor Werner opened the Public Hearing on the proposed Civic Arena Improvements at 8:37 p.m. Mayor Werner asked if there was any public comment on the proposed improvements and, hearing none, closed the public hearing at 8:40 p.m. Resolution No. 3-9-98, 98-4 Civic Arena Parking Moved by Councilmember Hicks, seconded by Councilmember Moratzka, to approve Resolution No. 3-9-98 a resolution ordering the improvement and preparation of final plans and specifications for Project No. 1998-4, Civic Arena Parking Improvements with the following: 1.) The Civic Arena Parking Improvements will include curb & gutter, bituminous paving, storm sewer, and lighting to serve 343 parking stalls. 2.) Additional access will be created to the southeast to Spiral Blvd. 3.) A paved fire lane will be constructed on the north & east sides of the building. 6 Ayes; Nays, None. Public Hearing: 98-5 Riverwood 7th Addition Mayor Werner opened the Public Hearing at 8:41 p.m. to receive comments on a proposed Riverwood 7th Addition Improvements. Director of Public Works Tom Montgomery introduced this item and requested Council to delay action on this improvement until the plat and the conditional use permit were approved first. Mayor Werner asked if there were any comments on the proposed improvements and hearing none closed the public hearing at 8:42 p.m. Authorize Consultant to Prepare Plans & Specifications for Roadside Park Outdoor Pool Moved by Councilmember Hicks, seconded by Councilmember Moratzka, to authorize the Pool Consultant to prepare plans & specifications for the Outdoor Swimming Pool at Roadside Park with the understanding that if the cost of the pool and related construction exceeds $1.8 million those additional funds would have to come from a source other than the City of Hastings. Mayor Werner directed Staff to investigate drop-off/pick-up options at the swimming pool. Councilmember Hicks directed Staff to investigate lighting options for the proposed swimming pool parking lot. 6 Ayes; Nays, None. Resolution No. 3-11-98, Water & Waste Water Rate Review Moved by Councilmember Riveness, seconded by Councilmember Yandrasits, to approve Resolution No. 3-11-98, a resolution increasing the waste water commodity rate, the water access charge, and the City's sewer access charge, and the interceptor sewer charge by the following: 1.) Increase waste water rates by .10 cents to a commodity rate of $2.25 per 1,000 gallons. 2.) Increase WAC charge to $1,085. 3.) Increase SAC charge to $575.00. 4.) Increase Interceptor Sewer charge to $290.00. 6 Ayes; Nays, None. Copy of resolution on file. ~ngs Çity CouncilMinutes for Regular Meeting of March 16, 1998 Page 7 of 9 Mayor Werner Declared a Five Minute Recess at 8:50 p.m. The regular City Council meeting was reconvened at 8:59 p.m. with all City Councilmembers present with the exception of Councilmember Simacek. Riverwood 7th Addition Preliminary Plat (Tabled at March 2nd Meeting) Moved Mayor Werner, seconded by Councilmember Yandrasits, to reconsider the Riverwood 7th Addition Preliminary Plat previously tabled from the March 2, 1998 City Council meeting. 6 Ayes; Nays, None. Councilmember Yandrasits outlined changes to the preliminary plat since the last Planning Committee review, including a significant increase in density, the requirement for the City to approve a special use permit to allow grading to occur in the flood plain, and the DNR's request for the applicant to pursue a conditional letter of map amendment (CLOMR) for the proposed channel modifications. Councilmember Hicks expressed concern about the project with respects to the existing swale leading to the Vermillion River and the impact of this project on it. Mayor Werner expressed concern about the additional impervious surface proposed for this project and related impacts on water runoff. Mr. Griffin, Consultant for the Riverwood 7th Addition, discussed the projected runoff and ponding plans. Mr. Griffin estimated 50% of the project would be open area and 50% would be impervious surface. Councilmember Yandrasits questioned the significant erosion control from the runoff to the east of the property to the southeast basin. Director of Public Works Tom Montgomery clarified the proposed pond has no storage capacity but is proposed to create a funnel for the culvert in order to lower the elevation to prevent backup on the Bauer farm. Councilmember Hicks reiterated changes to the preliminary plat since the initial review including the CLOMR requirement and a proposed special use permit requirement for the proposed grading and residential development to occur in the Unnumbered A Zone (General Flood Plain) District. City Council discussion outlined unresolved issues relating to the project including the CLOMR requirement, the FEMA requirement for a special use permit for the proposed grading and residential development in the Unnumbered A Zone (General Flood Plain), parkland dedication and open spaces requirements, erosion and drainage concerns, and density issues. Dan Tillson, Planner on behalf of the Riverwood 7th Addition Project, commented on the proposed plat. Councilmember Riveness commented the Planning Committee consider a better system for maintaining City culverts. Moved by Councilmember Hicks, seconded by Councilmember Yandrasits, to table taking action on the Riverwood 7th Addition preliminary plat and the special use permit for grading and residential development within the general flood plan district; and the 98-5 Riverwood 7th Addition Improvements until March 30, 1998, and scheduled a special City Council meeting on March 30, 1998. The Planning Committee of the City Council will review these requests prior to the special City Council meeting scheduled for March 30, 1998. 6 Ayes; Nays, None. C uneil Minutes for Re ular Meetin of March 16 1998 Pa e 8 of 9 Variance-Lot 2, Block 12-Barker's Addition Zoning Administrator, Matt Weiland, introduced the setback request. Moved by Councilmember Yandrasits, seconded by Councilmember Hicks, to grant a ten foot front yard variance to the required Chapter 10 (Section 10.26 District Lot Regulations) 20 ft. front yard setback based on findings that the applicant has demonstrated compliance with the following variance criteria: 1. That special conditions and circumstances exists which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings; That literal interpretation of the City Code would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of Chapter 10; That the special conditions and circumstances do not result from the actions of the applicant; That granting the variance requested will not confer on the applicant any special privilege that is denied by Chapter 10 to other lands, structures, or building in the same district, and no permitted or non-conforming use of lands, structures, or building in other districts shall be considered grounds for the issuance of a variance. Mike Nogle, speaking on behalf of his sister Clara & Don Frank, the northern owners expressed concerns about buildable space remaining on the property. Mr. Nogle inquired who would be responsible for water and sewer hook ups to the City. Director of Public Works Tom Montgomery indicated if the lot is buildable, the property owners would be responsible for 100% of the cost of sewer and water hook ups to the Hoeschen property. City Attorney Shawn Moynihan clarified a variance request would require 3/4 affirmative vote, or 6 out 6 affirmative votes by the City Council. Councilmember Moratzka stated many of the conditions related to the request were unsettled. Mr. Hoeschen, the applicant, indicated, he would like to build on the property and that he is having the property surveyed. Mayor Werner outlined the need for clarification on this project relating to the lot survey and the need for more information on whether Mr. Hoeschen plans to pursue an alley vacation. Moved by Councilmember Yandrasits, seconded by Councilmember Riveness, to table this request, in order to provide further clarification on the request, until the April 6, 1998, regular meeting and direct Staff to schedule a public hearing for the April 6, 1998 regular meeting for an alley vacation should Staff receive such an application from Mr. Hoeschen. 6 Ayes; Nays, None. 2. 3. 4. VariancelMinor Subdivision - 1514 E. Third St. Zoning Administrator Matt Weiland introduced this item. Councilmember Moratzka stated the DNR was opposed to this variance request. Moved by Councilmember Hicks, seconded by Councilmember Riveness, to direct Staff to establish findings of facts for denial of the variance request and invited the applicant to present findings of fact for approval of the variance at the April 6, 1998 regular City Council meeting. 6 Ayes; Nays, None. House Move Proposal- 1514 E. Third St. Moved by Councilmember Moratzka, seconded by Councilmember Hicks, to table taking action on this issue until the regular meeting of April 6, 1998. 6 Ayes; Nays, None. Hastin s Ci Council Minutes for Re ular Meetin of March 16 1998 Pa e 9 of 9 Hastings Civic Arena Addition Change Orders Moved by Councilmember Johnson, seconded by Councilmember Riveness, to authorize payment of the following bills and change orders for the Civic Arena Project: 6 Ayes; Nays, None. Birkeland Architects Graus Contracting Fabcon Lightborne Welding (Listul Industries) Becker Arena Roof Right, Inc. Bartley Sales Swanson Plumbing & Heating Carciofini Caulking Miller Electric Twin City Garage Door Gartner Refrigeration & Mfg. Skillmans Painting Bredemus Hardware Credit Bredemus Hardware Change Order: Swanson Plumbing & Heating Audience Comments There were no comments from the audience. $ 5,282.23 $ 5,493.09 $ 17,650.05 $ 5,569.18 $ 47,500.00 $ 10,000.00 $ 2,375.00 $ 48,697.22 $ 1,900.00 $ 5,700.00 $ 4,412.75 $155,942.50 $ 12,350.00 $ (7.60) Deduct: $ 1,155 Add: $23,796 Adjourn to Closed Door Session Moved by Councilmember Moratzka, seconded by Councilmember Riveness, to adjourn to a closed door session for the purpose of discussing 49'ers Union Contract issues at 10:40 p.m. 6 Ayes; Nays, None. Convened Closed Door Session The Closed Door Session to discuss 49'ers Union Contract issues was convened at 10:45 p.m. All Councilmembers were present with the exception of Councilmember Simacek. Adjourn Closed Door Moved by Councilmember Yandrasits, seconded by Councilmember Riveness, to adjourn the closed door session at 10:54 p.m. 6 Ayes; Nays, None. Reconvened and Adjourned Regular Meeting Moved by Councilmember Yandrasits, seconded by Councilmember Moratzka, to reconvene and adjourn the regular City Council meeting of March 16,1998. 6 Ayes; Nays, None. ~~~ Mayor ",ÎCL /_~., \ A TTE S T '-(;;/2-4 'Á- /. /;/ /'-C ¿ v J?'/ f / Ci' y CI&k '