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Home My WebLink About09-08-98 Hastings, Minnesota September 8, 1998 The City Council of the City of Hastings, Minnesota met in a regular meeting on Tuesday, September 8, 1998 at 7:00 p.m. in the City Hall Council Chambers, 101 4th St. East, Hastings, Minnesota. Members Present: Councilmember Yandrasits, Riveness, Johnson, Simacek, Hicks, Moratzka & Mayor Werner Members Absent: None Staff Members Present: Dave Osberg, City Administrator; Tom Montgomery, Public Works Director; Mike Wozniak, Community Development Director; Matt Weiland, Zoning Administrator; John Grossman, HRA Director; Lori Webster, Finance Director; Joyce P. Hottinger, 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 August 17, 1998 and the special meeting of August 24, 1998 and hearing none, approved the minutes as presented. Consent Agenda Moved by Councilmember Simacek, seconded by Councilmember Yandrasits, to approve the Consent Agenda as presented. 1. Pay All Bills as Audited 2. Community Development Director Resignation 3. Civic Arena Project-Request for Payment from Bartley Sales: $1,225.00 4. Pay Estimate #7, Ground Storage Tank Replacement, Brown-Minneapolis Tank, $71,662.11 5. Change Orders #3 & #4, Redevelop Wells #3 & #4, Keys Well Drilling 6. Resolution No. 9-1-98-Final Payment, Pay Estimate #11, Redevelop Wells #3 & #4, Keys Well Drilling, $11,358.04. Copy of Resolution on file. Resolution No. 9-2-98-Final Payment, Pay Estimate #4, Electrical Improvements to Pumphouses #3 & #4, Bacon Electric, $2,707.25. Copy of resolution on file. Assessment Agreement, Donald & Nancy Skweres, 3620 Red Wing Blvd., Sanitary Sewer and Water Service Connection Resolution No. 9-3-98-Final Payment, 1998 Sea1coat Program, Bituminous Roadways, $37,520.58. Copy of resolution on file. 10. 1998 Transfers and Budget Adjustments 11. Accept $2,650.00 donation for City of Hastings Pool Fund from Celebrity Bowl Charities 12. Street Vacation-(Barker Street R-O-W) Schedule Public Hearings 7 Ayes; Nays, None. 7. 8. 9. Pa 2 of6 Replace 4-Way STOP at 14th and Honeysuckle with 2-Way STOP Public Works Director Tom Montgomery introduced the item indicating he had received three telephone comments for converting the 14th Street 4- W ay S TO P to a 4- Way S TOP, and five calls opposed to converting the STOP. Dan Retka, 1189 W. 14th St., requested converting the 4-Way STOP sign to a 2-Way STOP since the 4-Way STOP does not control speed at the intersection and no reported traffic accidents have occurred at the location. Suzanne Fisher, 1312 Honeysuckle Lane, stated she supported maintaining the 4-Way STOP on 14th Street due to the high volume of pedestrian traffic and children using the area. Mike Staiger, 1230 Honeysuckle Lane, supported keeping the stop sign to keep traffic usage down and maintain pedestrian safety in the area. Dan Retka, 1189 W. 14th St., stated the 4-Way STOP is not intended to control speed in the area. Mr. Retka listed 4-Way intersections within the City controlled with only 2-Way STOP signs. Councilmember Hicks thanked Mr. Retka for his thoughtful letter and indicated he supported maintaining the 4-Way STOP installed on 14th Street due to the length of time the sign has been in place. Councilmember Riveness stated he supported maintaining the 4-Way STOP sign on 14th St. due to the hign number of pedestrian and vehicle traffic along 14th Street. Moved by Councilmember Riveness, seconded by Councilmember Hicks, to maintain the 4-Way STOP at 14th Street and its intersection with Honeysuckle Lane. 7 Ayes; Nays, None. Hastings Marina Boat Landing Access Improvements Moved by Councilmember Yandrasits, seconded by Councilmember Riveness, to authorize grading, curb and gutter, and paving improvements to both the parking lot and access roads, estimated to cost $90,000. Mayor Werner moved, Councilmember Hicks seconded, an amendment to reduce the scope of the project to pave the roadways to the east side of the landing at an estimated cost of $40,000 and include costs in the 1998 Improvement Program. City Council vote on the amendment: 7 Ayes; Nays, None. City Council vote on the motion to authorize grading, curb and gutter, and paving improvements to the roadways to the east side of the landing, at an estimated cost of $40,000, and include the cost in the 1998 Improvement Program. 7 Ayes; Nays, None. Moved by Councilmember Moratzka, seconded by Councilmember Yandrasits, to direct Staff to notify the property owner prior to July 1, 1999 of the City's intent to negotiate a different rental rate for 2000. 7 Ayes; Nays, None. Soldiers and Sailors Cemetery Fence Replacement Moved by Councilmember Simacek, seconded by Councilmember Yandrasits, to authorize Staff to contract for a replacement fence, in the Lakeside Cemetery Fence style, abutting 1 st Street and County Road #42 for the Soldiers and Sailors Cemetery. Councilmember Hicks clarified the cost of the fence replacement would not result in assessments for residents on 2nd St. Council Minutes for Re ular Meetin of Se t mber 8 1998 Pa 3 of6 Roll Call Vote on the motion: Ayes; Moratzka, Yandrasits, Simacek; Nays, Mayor Werner, Councilmember Riveness, Johnson, Hicks. Motion fails. Moved by Councilmember Hicks, seconded by Councilmember Johnson, to authorize Staff to contract for a replacement fence, in the style of an ornamental fence, similar to the 2nd Street Hill fence, and enter discussion with Regina Hospital for participation along the West side of the cemetery. Staff was directed to bring the issue to City Council if Regina Hospital does not wish to participate for the fencing along the west side of the Cemetary. 7 Ayes; Nays, None. Yard Setback Variance Request-8012Dd Street East Moved by Councilmember Johnson, seconded by Councilmember Yandrasits, to approve a 2 foot variance to the rear yard setback and a variance to enlarge a non-conforming structure based on the following criteria: 1. That special conditions and circumstances exist which are peculiar to the land, structure, or building involved in which are not applicable to other lands, structures, or buildings in the same district. The literal interpretation of the City Code would deprive the applicants 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 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 buildings in the same district. No non-conforming use of neighboring lands, structures, or buildings in the same district, and no permitted or non-conforming use of lands, or buildings in other districts shall be considered grounds for the issuance of a variance. 7 Ayes; Nays, None. 2. 3. 4. Special Use Permit-Motor Vehicle Impound Lot-2551 Glendale Road Comunity Development Director Mike Wozniak introduced the item and noted the applicant Sean McMurray was present and advised that should he decide to expand the scope of the use of the motor vehicle lot to storage outside the building that he would need to seek a revised special Use Permit. Moved by Councilmember Hicks, seconded by Councilmember Moratzka, to approve the special use permit application of A-I Towing to operate a Motor Vehicle Impound Lot at 2551 Glendale Road subject to the following criteria: 1. That all impounded motor vehicles be parked or stored inside the structure located at that property. Motor vehicles cannot be kept in an impound lot for more than 14 days unless a police hold has been placed on the motor vehicle. No sales of motor vehicles, salvaging, repairing, dismantling, or stripping of motor vehicles shall be allowed in the impound lot. Any lighting in the impound lot shall not be obtrusive to neighboring property. Employees of the City or its duly appointed representatives, shall be allowed on the property at any time to inspect the impound lot to verify compliance with the City Code. 2. 3. 4. 5. Council Minutes for Re ular Meetin of Se tember 8 1998 Pa e 4 of 6 Any special use permit issued hereunder shall be reviewed annually and at other times deemed appropriate by the City, to verify compliance with the City Code and any special conditions of the permit. As part of the review procedure, the City may hold a public hearing, preceded by the appropriate mailed and published notice. As part of any review procedure, the City may amend the permit by adding or deleting any conditions it deems necessary to protect the public health, safety and welfare. Any special use permit issued hereunder shall be reviewed annually and at other times deemed appropriate by the City, to verify compliance with the City Code and any special conditions of the permit. As part of the review procedure, the City may hold a public hearing, preceded by the appropriate mailed and published notice. As part of any review procedure, the City may amend the permit by adding or deleting any conditions it deems necessary to protect the public health, safety and welfare. Any violation of this subdivision or any conditions imposed upon the special use permit shall be cause for termination of the permit by the City. 7 Ayes; Nays, None. 6. 7. 8. Pleasant Hills Preliminary Plat Community Development Director Mike Wozniak introduced the item indicating applicants Jack Christenson and Don Fluegel were present at the meeting. A petition on behalf of Pleasant Valley Townhome owners opposed to the Pleasant Hill Project was circulated to City Councilmembers. Councilmember Hicks expressed reservations about grading effects on the ponding basin directly to the east and the proposed dead-end street. Councilmember Moratzka had related concerns of the length and width of the proposed cul-de-sac. Councilmember Hicks inquired about line implications related to this project along Featherstone Hill. Councilmember Yandrasits inquired about the impacts of the proposed street on the capacity of the existing ponding basin. Bob Schommer, 1347 Jackson Drive, expressed concerns about water runoff, a proposed dead-end road and the impacts of the proposed townhome parking related to the Middle School parking. Don Fluegel, applicant, clarified the lower street on the proposal will not be a public street. Jack Christenson, applicant, reviewed the project. Richard Mitchel, 1365 Jackson Drive, expressed concern about a 15% grade road and impacts on the existings ponding basin. Public Works Director Tom Montgomery clarified the west end area of the pond is a sedimentation basin and is only designed to slow the flow of water. Ray Solac, property owner to the south of the proposed project, commented on the ponding basin. Mayor Werner outlined unresolved issues which require further review and consideration including the proposed street and cul-de-sac, erosion control issues, and the zoning of the property and suggested Council look at the 6 acres located across from the property for green space. Pa e 5 of 6 Moved by Councilmember Riveness, seconded by Councilmember Hicks, to defer the Pleasant Hills Preliminary Plat-request to the Planning Committee of the Council for further review on issues including: proposed street and cul-de-sac, erosion control, zoning of the subject property, and review of parcels across the road from this project. 7 Ayes; Nays, None. Councilmember Moratzka directed Staff to notify the Homeowner's association when the item is brought back to Council for review. Mayor Werner called a brief recess from 8:40 p.m. until 8:47 p.m. 2nd/Final Reading-Amendment to City Code Chapter 16-Shoreland Management Ordinance Community Development Director Mike Wozniak introduced the item and indicated the shoreland map had been amended to include properties along 2nd Street as directed by Council. Pat Lynch, DNR Area Hydrologist for Scott and Dakota Counties, reviewed minimum state wide standards and the ability for the DNR to negotiate standards less than the minimum requirements under demonstrated special circumstances. Moved by Councilmember Hicks, seconded by Councilmember Simacek, to table action on an Ordinance for the City of Hastings, Minnesota amending Chapter 16, of the Hastings City Code regarding "Shoreland Management Ordinance", in order to negotiate standards with the DNR. 7 Ayes; Nays, None. Koch Refining Supplemental Environmental Projects Beneficiaries Representative Appointment Moved by Councilmember Moratzka, seconded by Councilmember Simacek, to appoint the Mayor Werner and City Administrator Osberg as an alternate, to serve as the City of Hastings' representative to the Koch Refining Environmental Projects Beneficiaries. 7 Ayes; Nays, None. Approve Snow Removal RFP and Authorize Receipt of Proposals Moved by Councilmember Hicks, seconded by Councilmember Moratzka, to approve the Snow Removal Request for Proposal and authorize the receipt of proposals for snow removal on various publicly owned property. 7 Ayes; Nays, None. Approve Acquisition of Severe Weather Warning Siren Moved by Councilmember Johnson, seconded by Councilmember Yandrasits, to authorize the acquisition and installation of the severe weather warning siren system in the south eastern area of Hastings for approximately $15,693. 7 Ayes; Nays, None. HWings City Counc~ar Meeting of September 8, 1998 Page 6 of 6 Resolution No. 9-6-98-Adopt 1999 Preliminary City Budget Finance Director Lori Webster reviewed three proposals for the 1999 City Property Tax Levy. Moved by Councilmember Moratzka, seconded by Councilmember Johnson, to approve Resolution No. 9-6-98 adopting a proposed 1999 City Budget of$14,955,269.00. 7 Ayes; Nays, None. Copy of resolution on file. Resolution No. 9-4-98-A Resolution Adopting a Proposed 1999 City Property Tax Levy Moved by Councilmember Yandrasits, seconded by Councilmember Moratzka, to approve Resolution No. 9-4-98 adopting a proposed 1999 City Property Tax Levy of $4,754,706.00. 7 Ayes; Nays, None. Copy of resolution on file. Resolution No. 9-5-98-Adopt 1999 Preliminary Property HRA Tax Levy Moved by Councilmember Johnson, seconded by Councilmember Hicks, to approve Resolution No. 9-5-98 a resolution approving a proposed 1999 HRA Special Tax Levy. 7 Ayes; Nays, None. Copy of resolution on file. Resolution No. 9- 7-98-Set 1999 Truth in Taxation Public Hearing Date Moved by Councilmember Riveness, seconded by Councilmember Johnson, to approve Resolution No. 9-7-98 a resolution selecting dates for the 1999 City Budget and Tax Levy Truth in Taxation Public Hearing(s). 7 Ayes; Nays, None. Copy of resolution on file. Comments from Audience There were no comments from the audience. Unfinished Business City Administrator Dave Osberg announced the compressor had been started at the Civic Arena to create the 2nd ice sheet. Mr. Osberg announced meeting dates needed to be scheduled for the Planning Committee, Administrative Committee and Utility Committee. Adjournment Moved by Councilmember Simacek, seconded by Councilmember Riveness, to adjourn the regular City Council meeting at 9:37 p.m. 7 Ayes; Nays, None. ~~ ATTEST 9':?-/.tU- ~ ~ ø ;2F CIty Clerk Mayor PETITION T VALLEY TOWNHOME ED TO THE PLAT PLAN ON H SIDE OF PLEASANT I-IILL I ~~/U~ d--. i ,ilw . 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