HomeMy WebLinkAbout11-09-98 Special CC Mtg
HASTINGS, MINNESOTA
November 9,1998
The City Council of the City of Hastings met in a special meeting on Monday, November 9, 1998
at 7 :00 PM in the Council Chambers at the Hastings City Hall, 101 East 4 Street, Hastings, Minnesota for
purposes of conducting public hearings on the proposed special assessments for the 1996 and 1997 public
improvement projects in the City of Hastings.
MEMBERS PRESENT:
Mayor Mike Werner, City Councilmembers Janette
Yandrasits, Ed Riveness, Janice Johnson, Mike Simacek, Paul
Hicks, Lynn Moratzka
MEMBERS ABSENT:
None.
CITY STAFF PRESENT:
Public Works Director Tom Montgomery
City Engineer Dave Gurney
City Attorney Shawn Moynihan
City Adminstrator Dave Osberg
Mayor Mike Werner opened the meeting and stated that the purpose of the meeting was to consider the
proposed assessments on the 1996 and 1997 public improvement projects.
Mayor Mike Werner asked for a "show of hands" to determine which projects the audience members were
present to offer comments. After having done so, Mayor Werner asked Public Works Director Tom
Montgomery to present information on Project 1997-3, the Wallin 4th Addition, Northridge Drive public
improvements.
Public Works Director provided project information and project cost information on Project 1997-3 the
Wallin 4th Addition, Northridge Drive public improvements.
At this time, Mayor Werner asked for any comments or questions from the audience on Project 1997-3
the Wallin 4th Addition, Northridge Drive public improvement.
Mr. Erik Sharf, and attorney from office of Dorsey and Whitney appeared before the City Council
representing the First Baptist Church. Mr. Sharf introduced the three deacons from the First Baptist
Church: Mr. Jim Forrest, Mr. Richard Bomer and Mr. Roger Shuneson. Mr. Larry Forsberg, the Regional
Chairman of the Baptist Church conference. Mr. Sharf also commented that on behalf of the First Baptist
Church, that a letter had been submitted to the City Council outlining the concerns and objections to the
special assessment. Mr. Sharf also indicated that two experts would present information to the City
Council, Mr. John Dwyer and Mr. Tom McMahon.
Mr. Sharf then reviewed with the City Council the contents of the letter submitted to the City Council and
the basis for the objection. The project did not confer any value on the church. The church intends to
construct a church building on the property and does not intend to develop the property.
Mr. Larry Forsberg commented to the City Council that the First Baptist Church intends to construct a
church on the property, and did not ask for stubbing of utilities onto the property for development
purposes. Mr. Forsberg indicated that churchs are needed in the community. Mr. Forsberg indicated that
the special assessment would be a financial harship for the First Baptist Church.
Mr. Jim Forrest stated it was always the intention of the First Baptist Church to construct a church on the
property, not develop the property. Mr. Forrest asked that Civil Engineer Tom McMahon comment on his
findings regarding the special assessments.
Mr. Tom McMahon from CCST Engineering commented on the previous assessments on this property and,
and the proposed assessments on the property as a result of this project. Mr. McMahon commented on the
proposed assessments and impact on the property if it were developed for the sale of lots.
Mr. John Dwyer, from Dwyer Surveying indicated that they had done some studying on this parcel of land.
Mr. Dwyer indicated that the sewer and water stub off of 25th Street would not be useful, due to the fact that
Pleasant Drive has a restricted access.
After considerable discussion between the City Council, City Staff and public, City Councilmember
Simacek moved and City Councilmember Yandrasists seconded the adoption of RESOLUTION # 11-7-
98 Adopting the Assessments for the 1997 Street and Utility Improvements in the Wallin 4th Addition
and N orthridge Drive from Pleasant Drive to 950 feet West.
Ayes: Werner, Moratzka, Hicks, Simacek, Johnson, Riveness, Yandrasits
Nays: None
Resolution approved.
Mayor Werner asked Public Works Director Tom Montgomery to provide information regarding the
County Road #42 project. Public Works Director Tom Montgomery provided project information and
project cost information on the County Road #42 project.
Mr. Dave Kellar, and attorney with the law firm of Grannis and Hauge appeared on behalf of landowners
on the eastern end of the project. Mr. Kellar indicated letters of objection had been submitted to the City.
At this time City Administrator Osberg confirmed that the letters had been received from the following:
Gillis, Fasbender, Dobrick, Kane, Denn, Evans, Rother and Gabiou
Mr. Kellar indicated that his clients are at the west end of the prpoject, and do not object that it is a benefit
to have sewer and water, but, combined with the large cost to connect to sanitary sewer and water services,
object that the benefit will not equal the special assessment. There is also objection to the lack of on street
parking in the area, and the driveway widts, and that there is objection to the speed of traffic on County
Road #42. The property owners are requesting a reduction in the special assessments.
Mr. Michal Keirn, 915 W. 1 st Street, appeared before the City Council questioning the deferred assessments
process and the lack of special assessments against neighboring property and tree removal.
Mr. Tom Buss appeared on behalf of his aunt, Lois Mattson and sister Barbara Miller. Mr. Buss questioned
the special assessment for the sanitary sewer improvement and the lack of proper notice, and indicated that
Mr. Montgomery indicated a mistake had been made, and requested that the sanitary sewer be deferred
until development takes place.
Mr. Donald Denn, 2036 Nininger Road appeared before the City Council questioning the location of the
sanitary sewer and the need to hook-up to City sanitary sewer and water, and why some areas were not
connected to sanitary sewer and water.
Mr. Merideth Evans, 2008 Nininger Road appeared before the City Council questioning the width of the
driveways located on County Road #42.
Ms. Marcella Evans, 2008 Nininger Road appeared before the City Council also questioning the width of
the driveways located on County Road #42, and the parking restriction in the area. Mayor Werner
indicated that the parking issue will be addressed at the City Council meeting on November 16, 1998.
Ms. Lorraine Johnson, on behalf of Loretta Haas, 503 W. 2nd Street, appeared before the City Council
questioning the HRA program that assists with the payment of the special assessments. Mr. Johnson also
questioned the actual special assessment amount on the property, and the method for objecting to the
special assessments.
Ms. Joan Voelker 931 W. 1st Street appeared before the City Council to question the parking on County
Road #42. Ms. Voelker also questioned the special assessments, and the her position that she paid for two
sides of the street.
Mr. Tom Buss appeared before the City Council and questioned the practice regarding the special
assessments and future use of property. Mr. Buss also asked the City Council to consider improvements in
the method of communications to the public.
Ms. Donald Denn 2036 Nininger Road, appeared before the City Council commenting on the need for the
installation of a lift pump and grinder and the cost. Ms. Denn objected to the ditch near her property and
the ability to maintain the ditch; and the beehive drain in the yard. Ms. Denn objected to the location of her
water service on a dead end water main. Ms. Denn objected to the speed on County Road #42. Ms. Denn
also objected to the lack of clean up that has taken place by the contractor since the project has been
completed.
Several questions were raised by the City Council regarding the special assessments, driveway widths,
deferred assessments, traffic speeds, construction clean up after the project completion, sanitary sewer lift
pumps.
After considerable discussion, City Councilmember Hicks moved, and City Councilmember Moratzka
seconded the adoption of Resolution #11-8-98 Adopting the Assessments for the County Road #42
Improvements, with the following items included in the Resolution:
1.)
2.)
3.)
4.)
5.)
City Staff is directed to communicate with Dakota County that further research must be done to
rectify the driveway widths on County Road #42
City Staff is directed to pursue further action that would result in speed limit of 35 MPH be set on
County Road #42 and that the City wants 35 MPH be the speed limit on County Road #42.
City Staff is directed to be certain that the construction "punch list" is properly completed before
final payment is made to the contractor.
Provide assistance for those four property owners who must install individual lift pumps on their
property, similar to that which has been provided on other projects, by offering the City to fund
those extra costs and assess the extra costs back to the property over a period of ten (10) years at
the current interest rate charged for assessments.
Special Assessments for the Mattson/Buss property will allow for collection of the special
assessments by utilizing Section 12.21, Subdivision 8 Paragraph D of the City Code that provides
for collection of a connection fee at time of development equal to the current cost of utilities as
determined by the City Engineer.
Ayes:
Nays:
Werner, Yandrasits, Riveness, Johnson, Simacek, Hicks, Moratzka
None.
Resolution approved.
At this time Mayor Werner declared a recess.
Mayor Werner reconvened the meeting and asked Public Works Director Montgomery to provide further
information on the Roadside Park public improvements. Public Works Director Montgomery provided
project information and cost information on Project 1997-1, the Roadside Park area improvements, which
included Ashland Street; Street; 12th Street; Eddy Street, and Maple Street.
Mr. Dennis Mann, 620 W. 11th Street, appeared before the City Council objecting to the special assessment
and questioned the policy regarding special assessments against comer lots.
Mr. Hugh Jelley, 1109 Maple Street appeared before the City Council objecting to the large trucks using
Maple Street and 12th Street during the construction of the swimming pool. Mr. Jelley questioned the
construction of walls during the project.
Mr. Bill Fritsch, 1204 Oak Street appeared before the City Council and voiced his objection to the special
assessment against his property, and the process for appealing the special assessment.
Moved by City Councilmember Johnson, seconded by City Councilmember Riveness approving
Resolution #11-9-98 Adopting the Assessment for the 1997-1 Street and Utility Improvements that
includes Ashland Street, 12th Street, Eddy Street and Maple Street.
Ayes: Werner, Hicks, Simacek, Johnson, Riveness, Yandrasits, Moratzka
Nays: None
Resolution approved
Moved by City Councilmember Simacek, seconded by City Councilmember Hicks to approve Resolution
#11-10-98, by Adopting the Assessment for the 1996 Street and Utility Improvements in the Wallin
3rd Addition.
Ayes: Werner, Moratzka, Yandrasits, Riveness, Johnson, Simacek, Hicks
Nays: None
Resolution approved
Moved by City Councilmember Johnson, seconded by City Councilmember Riveness to approve
Resolution #11-11-98, by Adopting the Assessments for the 1997-4 Street and Utility Improvements
in the Bohlkens 4th Addition.
Ayes: Werner, Johnson, Riveness, Yandrasits, Moratzka, Hicks, Simacek
Nays: None
Resolution approved
Moved by City Councilmember Yandrasits, seconded by City Councilmember Riveness to approve
Resolution #11-12-98, by Adopting the Assessments for the1997-6 Street and Utility Improvements in
the Industrial Park.
Ayes: Werner, Johnson, Riveness, Yandrasits, Moratzka, Hicks, Simacek
Nays: None
Resolution approved.
Moved by City Councilmember Simacek, seconded by City Councilmember Johnson to adjourn the
meeting at 9:08 PM. All voted in favor.
Michael D. Werner
Mayor