HomeMy WebLinkAbout06-15-98
The City Council of the City of Hastings, Minnesota met in regular meeting on Monday, June
15, 1998 at 7:00 P.m. in the City Hall Council Chambers, 101 4th Street East, Hastings, Minnesota.
Hastings, Minnesota
June 15, 1998
Members Present:
Councihnember Simacek, Riveness, Johnson, Hicks, Moratzka & Mayor
Werner
Members Absent:
Councilmember Yandrasits
Staff Members Present:
Dave Osberg, City Administrator;
Tom Montgomery, Public Works Director;
Mike Wozniak, Conun uni ty DeveloPJnent Director;
Matt WeilaIld, Zoning Administrator;
Joyce P. Hottinger, Administrative AssistanvCity Clerk;
and Shawn Moynihan, City Attorney
Council Items to Be Considered
Moved by Councilmember Simacek, seconded by Councihnember Johnson, to add Item No. 14
Civic Arena Bills including;
Graus Contracting, Inc. Change Order;
Bartley Sales
Carciofini Caulking
Bredenus Hardware Credit
Becker Arena
$ 1,363.25
$ 442.00
($ 7.60)
$30~5. 75-
$31,993.40
Fabcon, Inc. Change Order:
6 Ayes; Nays, None
$
782.00
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Consent Agenda
Moved by Councilmember Simacek, seconded by Councilmember lOMson, to approve the
consent agenda as presented with the addition ofItem No. 14.
1. Pay All Bills as Audited
2. Resolution No. 6-5-98 Monte Meier Day in Hastings
3. Application for One-Day 3.2% Malt Liquor License and an Exemption 1Tom Lawful Gam b ling
for the Hastings Fire Relief Association Booya License (Resolution No. 6-6-98)
Resolution No. 6-7-98 Declare Well #3 & Well #4 Pl1II1ps and Pl1II1p Motors Excess
Pay Estimate #6, Brown-Minneapolis Tank, Ground Storage Tank Replacement, $20,612.86
Pay Estimate #2, Richard Knutson, Inc., 1998 Improvement Program, $302,915.33
Resolution No. 6-8-98 Requesting An Advance of Municipal State Aid Funds, CR #54 Bridge
Replacement
1" Reading/Schedule Public Hearing for July 6, 1998-Zoning Ordinance Text Amendment to
C-3 District Use Regulations
1 sf Reading/Schedule Public Hearing for July 6, 1 998-Zoning Ordinance Text Amendment to
0-1 District Use Regulations
Authorize Execution of Metropolitan Council Comprehensive Plan Loan Agreement
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Council Minutes for Re ular Meetin of June 16 1998
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Consent Agenda (Continued)
11. Proclamation-Resolution No. 6-9-98 Declaring July 2, 1998, as First Regiment Minnesota
Volunteer Infantry Day
Request to Allow Roof Sign at 1224 Vermillion Street
Election Judges for Special Primary Election
Civic Arena Bills:
Fabcon, Inc. Change Order:
12.
11
14.
$
782.00
Graus Contracting, Inc. Change Order:
Bartley Sales
Carciofini Caulking
Bredenus Hardware Credit
Becker Arena
Total
6 Ayes; Nays, None.
$ 1,363.25
$ 442.00
$ (7.60)
.$30.195.75
$31,944.10
Approval of Minutes
Mayor Wemer asked whether there were any corrections or additions to the regular meeting of
June 1, 1998, and hearing none, approved the minutes as presented.
Public Hearing for Proposed Ordinance Amendment to Require Background Investigations for
Taxi Cab Licenses
Mayor Werner opened the Public Hearing at 7:01p.m. to receive comments on the proposed
ordinance amendment. Mayor Wemer asked if there were any public comments on the issue, and
hearing none, closed the public hearing at 7:02 p.m.
Ordinance No. 432-Second/Final Reading for Proposed Ordinance Amendment to Require
Background Investigations for Taxi Cab Licenses
Moved by Councilmember Johnson, seconded by Councilmember Hicks, to approve Ordinance
No. 432 an Ordinance of the City of Hastings Amending City Code Chapter 5.60, Subd. 2-3, by
requiring background investigations and new applications if license holders allow insurance to lapse
without reinstatement.
6 Ayes; Nays, None.
Public Hearing: Rezone C-3 to R-2 - 220 12th Street
Mayor Wemer opened the Public Hearing at 7 :03 p.m. to receive comments on the rezone
request for 220 12th Street. Mayor Wemer asked if there were any public comment on the issue, and
hearing none closed the public hearing at 7:04 p.m.
Ordinance No. 431-Rezone C-3 to R-2-220 12th Street
Moved by Councilmember Riveness, seconded by Councilmember Moratzka, to approve
Ordinance No. 431 Rezone C-3 to R-2-220 12th Street.
6 Ayes; Nays, None.
Council Minutes £ r Re ular Meetin of June 16 1998
Pa
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Resolution No. 6-10-98, Joint Fueling Station Agreement
Director of Public Works Tom Montgomery clarified the necessity to replace existing fuel tanks
and the anticipated cost savings for the Joint Fuel Tank Agreement between Dakota County, Hastings
and the State Highway Department.
Moved by Councilmember Johnson, seconded by Councilmember Simacek, to approve
Resolution No. 6-10-98, to authorize the City to enter into a Joint Fueling Agreement with Dakota
County and the Minnesota Department of Transportation.
5 Ayes; Nays, 1 Riveness. Copy of resolution on file.
Proclamation Presentation of Resolution No. 6-5-98 Monte Meier Day in Hastings
The Mayor presented Monte Meier with Resolution No. 6-5-98, a Proclamation declaring June
15, 1998 as Monte Meier Day in Hastings and a certificate in recognition for the key to the City of
Hastings. Monte Meier thanked the community for recognizing his efforts.
Request for City Replacement of Sanitary Sewer Service-831 W. 3rd St.
Director of Public Works Tom Montgomery introduced the item and distributed a memo to City
Council on behalf of Ms. Holly Denn-Schlicht of831 W. 3rd Street outlining her position that the City
should pay the cost of replacing the sanitary service line within the street right-of-way.
Moved by Councilmember Simacek, seconded by Councilmember Johnson, to have the City
pay for sewer service replacement and assess the property owner over a two year period.
6 Ayes; Nays, None.
Authorization to Request Bids and Set Date for Bond Sales (Resolution #'s 6-12-98 through
6-14-98)
Ron Langness, on behalf of Springsted, explained the request.
Moved by Councilmember Hicks, seconded by Councilmember Riveness, to approve Resolution
No. 6-12-98, Series 1998A G.O. Improvement Bonds-$1,850,000; Resolution No. 6-13-98 Series
1998B G.O. Pool Bonds-$1,650,000; and Resolution No. 6-14-98, Series 1998C G.O. Equipment
Certificates-$21 0,000.
6 Ayes; Nays, None. Copy of resolutions on file.
Ron Langness stated he would be recommending a proposal for refinancing City Hall through
Municipal Revenue Refunding Bonds, to the HRA on June 25th.
Mayor Werner stepped out of the City Council meeting at 7:30 p.m. Councilmember Paul Hicks
served as Acting Mayor. Mayor Werner returned at 7:31 p.m.
Variance/Minor Subdivision-320 W. 4th St.
Community Development Director Mike Wozniak introduced the item. Attorney Barbara
Hoekstra representing applicants Kristie and Denny Thurmes, explained the duplex has been in place
since 1971 and indicated the next door neighbor, Mrs. Meier, is not willing to sell her portion of the
home at this time.
Councilmember Johnson inquired about the construction required for a fire wall. Community
Development Director Mike Wozniak indicated both sides of the unit would be required to have fire
wall construction.
Mayor Werner discussed the need for the Fire and Building Departments to inspect the property.
Attorney Hoekstra, on behalf of the applicants, requested the item be tabled to provide the opportunity
for the Fire and Building Departments to inspect the property.
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City Attorney, Shawn Moynihan, suggested the Council explore obtaining a waiver from the
property owners acknowledging that if the structures bum down the owners are aware the lots are not
buildable.
Moved by Councilmember Johnson, seconded by Councilmember Moratzka, to table the item
until the applicants, Kristie and Dennis Thurmes, request the item be placed on the City Council agenda.
6 Ayes; Nays, None.
Interpretation Regarding "Vehicle Storage" as a Permitted "Land Use" within the Agriculture
Zone District
Community Development Director, Mike Wozniak, introduced the item. Applicant, Shawn
McMurray, 1514 3rd Street East, expressed his interest in acquiring land in the Industrial Park for
developing a storage/impound lot.
Moved by Mayor Werner, seconded by Councilmember Moratzka , to allow vehicle
impounding in the Agriculture District, and direct Staff to initiate an amendment to the Zoning
Ordinance to permit motor vehicle impound lots in agriculture district, subject to conditions similar in
those established for the 1-3 District.
A roll call vote on the motion was taken. 4 Ayes; Riveness, Hicks, Moratzka & Mayor Werner;
2 Nays: Johnson & Simacek.
Barton Sand and Gravel-Soil Processing Permit-Renewal
Moved by Councilmember Hicks, seconded by Councilmember Moratzka, to approve the Soil
Processing Permit from June, 1998 to December 31, 1998 subject to the following conditions:
Barton Sand & Gravel Company is permitted to operate a Soil Processing Operation on land
described in Exhibit A and pursuant to the most recent information submitted and provided during their
original application in 1984 and in 1987 by Davies Excavating, Incorporated. The condition stipulated
during the original special use permit issuance in 1987 are still in effect and the following:
1. The site is to be restored, upon completion of the mining operation, pursuant to the plans
provided to the City during the original application in 1984 and pit expansion proposal in 1987.
Operating hours are not to be in excess of 7 a.m. to 5 p.m., Monday through Saturday, except
holidays. In cases of emergency, Barton Sand & Gravel may be operated during hours other
than those noted upon approval by the City Administrator.
Barton Sand & Gravel Company shall refrain from using West 10th Street between Trunk
Highway 61 and Trunk Highway 55 for hauling purposes.
The City of Hastings shall be informed of the results of the most recent inspection of the Barton
Sand & Gravel Pit as made by the Bureau of Mines.
Barton Sand & Gravel Company shall provide to the City within ten days after the City Council
approval of the permit, and before work begins an irrevocable bond or other form of security
acceptable to the City in the amount of $25,000 the estimated cost of restoring the cost the site
covered by the soil pursuant to City Code.
After the special use permit is approved, Barton Sand & Gravel Company shall provide to the
City a liability insurance policy or certificate of insurance from an insurance company
authorized to write casualty insurance in the State of Minnesota as will protect the applicant,
its agents and the City from claims or bodily injury, death or property damage which may arise
from operations under the soil processing permit. The amounts of the insurance shall not be less
than that which is required by the City Code.
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Gary Sauer, President of Barton Sand & Gravel, requested another employee contact in an
emergency situations where the City Administrator cannot be reached.
Moved by Councilmember Hicks, seconded by Councilmember Moratzka, to make a friendly
amendment to condition #2 to read "Operating hours shall be from 7 a.m. to 5 p.m., Monday through
Saturday except holidays. In cases of emergency Barton Sand & Gravel may be operated during hours
other than those noted upon approval by the City Administrator, or in his absence, the Public Works
Director or the City Engineer.
City Council vote on the original motion and friendly amendment: 6 Ayes; Nays, None.
Barton Sand & Gravel Hot Mix Plant Permit-Renewal
Moved by Councilmember Hicks, seconded by Councilmember Riveness, to approve the special
use permit that allows commercial asphalt to operate a hot asphalt plant subject to the following
conditions:
1. Expiration of the permit shall be December 31,1998.
2. All PCA requirements shall be met and all permits received before the operation of the plant.
3. The site must be watered as necessary to control dust.
4. Before commencing operation of the plant, the applicant shall provide the City with the
necessary insurance certificates and performance bond for $25,000.
The site of the temporary asphalt plant shall be at an elevation of not less than 694 feet. This
requirement includes that the bottom of the spill basin shall also be at an elevation of not less
than 694 feet.
The aggregate stock pile shall be maintained as shown on the site plan for screening purposes.
Also, it is strongly encouraged that the stock pile be wrapped around the front of the site as
much as possible to provide effective screening.
That all requirements of the City Code concerning temporary asphalt plants be attached as
conditions for permanent approval and be it adhered to by the applicant.
The applicant shall file with the local fire authority a materials safety data sheet for a flammable
combustable liquid storage permit.
That conditions for approval be strictly enforced.
Hours of operation shall be from 7 a.m. to 5 p.m., Monday through Saturday, except holidays.
In cases of emergency, Barton Sand & Gravel may be operated during hours other than those
upon approval by the City Administrator, or in his absence, the Public Works Director or the
City Engineer.
6 Ayes; Nays, None.
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First Reading/Schedule Public Hearing for July 6, 1998-Rezone & Preliminary Plat-Summit Point
Dan Tillson, Planner on behalf of Siewert Construction, reviewed information distributed to
Council.
Rezone
Moved by Councilmember Moratzka, seconded by Councilmember Johnson, to approve a First
Reading and Schedule a Public Hearing for July 6, 1998 for a Rezone-Summit Point.
6 Ayes; Nays, None.
Preliminary Plat
Moved by Councilmember Moratzka, seconded by Councilmember Riveness, to table the
preliminary plat request to allow the Planning Committee of the City Council to review the request and
make recommendations.
6 Ayes; Nays, None.
Council Minutes for Re ular Meetin
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f June 16 1998
Amendment to Riverwood PRD Plan
Moved by Councilmember Moratzka, seconded by Councilmember Simacek, to approve an
amendment that the Riverwood general plan of development (Planned Residential Development Plan)
which was approved by City Council on December 15, 1997 to incorporate changes proposed on revised
Riverwood General Plan of Development dated April 17, 1998.
5 Ayes; Nays, 1, Hicks
Riverwood 7th Addition-Preliminary Plat
Moved by Councilmember Moratzka, seconded by Councilmember Riveness, to approve the
Riverwood 7th Addition Preliminary Plat (1-26-98) subject to the following conditions:
1. Rezoning of that portion of the site currently zoned agriculture to R-3 PRD.
2. No work shall commence in Dakota County right-of-way until a permit is obtained from the
Council Highway Department and no permits shall be issued until the plat has been filed.
The applicant shall be required to obtain from the City a special use permit to allow the
proposed grading and residential development within the general flood plain district prior to
issuance of a grading permit for grading associated with the Riverwood 7th Addition
Preliminary /PRD.
Future site development of "Shoreland" area (300 feet from the OHWL) within Lot 1, Block 6,
of the Riverwood 7th Addition Preliminary Plat shall be restricted to open space and storm water
ponding use.
The site grading plan for the Riverwood 7th Preliminary Plat shall be reviewed by the Dakota
County SWCD prior to issuance of the grading permit and all costs for review and inspections
shall be paid by the applicant.
All residential development of more than 2 attached units shall be subject to site plan approval
by the City.
Documentation that Northern Natural Gas has authorized encraument into its easement for the
31 st Street crossing.
Townhome fronting on Village Trail and 36th Street (Tuttle Drive) shall be required to comply
with 35' front yard setback and driveway shall incorporate turnarounds.
Provisions for installation of low maintenance landscaping shall be required as part of final plat
requirements for the cul-de-sac island proposed, along with provisions for maintenance of said
island by a home owner's association.
The developer shall provide evidence to illustrate how maintenance of privately owned ponding
areas and drainage swales shall be maintained prior to final plat approval.
Shared townhome driveways shall be limited to 24 feet in width through the right-of-
way/boulevard area to provide additional show storage area and boulevard green space.
The applicant shall be required to fund review of the final grading plans and drainage way
construction plans by Barr Engineering to insure that the design will handle future high flows.
The developer shall enter into a development agreement with the City to memorialize conditions
of the preliminary plat/PRD plan prior issuance of the grading permit for site grading and/or
prior to approval of any final plat.
That building permits for those units affected proposed to be constructed in the general flood
plain district shall not be issued until the applicant has pursued a CLOMR and at such time
FEMA has acknowledged the map revisions.
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That all future plats require that the developer pay cash in lieu of land to outstanding public land
dedication/cash in lieu of land requirements at a rate of34% for each dwelling unit. The current
cash dedication rate is $850/unit, this rate is subject to change. 34% of this amount yields $289
per unit. This requirement shall be stipulated in conjunction with each final plat approved for
the property.
Interceptor sewer: as a condition of final plan approval the developer shall pay to the City the
"Interceptor" sewer charge based on the per-residential unit rate in effect at the time of payment.
5 Ayes; Nays, 1 Hicks.
Rivenvood 7th Addition-Special Use Permit-Grading & Residential Development in General Flood
Plain District
Councilmember Hicks stated he held serious reservations about water drainage issues not related
to this project.
Moved by Councilmember Simacek, seconded by Councilmember Moratzka, to approve a
special use permit to allow grading in residential development within the general flood plain district
as required to construct Riverwood 7th Addition.
1. Grading in residential development being completed according to the drainage plan and cross
section layout of Riverwood dated February 16, 1998 (Planning File 98-6).
Any forthcoming recommendations of Barr Engineering based on review of the final grading
plans and granding way construction plans to insure that the design will handle future high
flows.
That building permits for those units proposed to be constructed in the General Flood Plain
District shall not be issued until the applicant has pursued a CLOMR and at such time as FEMA
has acknowledged the map revisions.
Subject to amendment of Floodway and Floodfringe boundaries as identified on the City of
Hastings Zoning Map prior to issuance of building permits for those residential units proposed
to be constructed in the General Flood Plain District.
6 Ayes; Nays, None.
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Resolution No. 6-11-98 Establishing a Background Investigation Fees for Taxi Cab License
Background Checks
Moved by Councilmember Simacek, seconded by Councilmember Hicks, to approve Resolution
No. 6-11-98, a Resolution establishing background investigation fees for taxi cab license background
checks.
6 Ayes; Nays, None. Copy of resolution on file.
Authorization to Send Warning Letter
Moved by Councilmember Johnson, seconded by Councilmember Riveness, to direct Staff to
mail a letter to Westview Liquor informing them of the violation and advising Westview Liquor that
further violations will result in some type of suspension or alternately termination of the liquor license.
6 Ayes; Nays, None.
Council Minutes for Re olar Meetin of June 16 1998
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Annual Renewal of On Sale, Sunday On Sale, Off Sale, Club & 3.2 Beer Licenses Effective July
1,1998
Moved by Councilmember Moratzka, seconded by Councilmember Simacek, to approve the list
of all liquor related licenses listed in Council packet due for renewal on 7-1-98, contingent upon receipt
of all necessary paperwork, successful background checks and approval of the Minnesota Liquor
Commissioner. Following receipt of all necessary paperwork and background checks renewal
paperwork will be forwarded to the Minnesota Liquor Commissioner for final review and approval.
6 Ayes; Nays, None.
Audience Comments
There were no comments from the audience.
New Business
City Administrator Dave Osberg announced a ribbon cutting ceremony for the completion of
the CR #42 Project on June 16th at 11 :30 a.m.
Councilmember Hicks announced traffic on Ashland & Pine Streets will be diverted for this
ribbon cutting ceremony, and reminded citizens to proceed slowly during the event.
Mayor Werner thanked Gemini from Cannon Falls, for the $1,000 contribution to the Fire
Department for equipment and supplies.
Adjournment
Moved by Councilmember Simacek, seconded by Councilmember Hicks, to adjourn the regular
meeting at 8:30 p.m. 6 Ayes; Nays, None.
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Mayor
ATTEST 9::r V~~
City Cle