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Home My WebLink About20091102 - CCMinutes 20091019 Hastings, Minnesota City Council October 19, 2009 The City Council of the City of Hastings, Minnesota met in a regular meeting on Tuesday th October 19, 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, Balsanek, Nelson, Elling Schultz and Hollenbeck. Members Absent: Councilmember Slavik Staff Present: City Administrator Dave Osberg City Attorney Dan Fluegel Assistant City Administrator Melanie Mesko Lee Public Works Director Tom Montgomery City Engineer Nick Egger Finance Director Char Stark Approval of Minutes Mayor Hicks asked if there were any corrections or additions to the minutes of the regular City Council meeting on October 5, 2009. Hearing none, the minutes were approved as presented. Presentation—Youth Recycling Award Brett Bell from Waste Management thanked and presented with a check Hastings Area Swim Team for their recent participation. The next group with be Girl Scout Troop #114. Consent Agenda Moved by Councilmember Schultz, seconded by Councilmember Nelson to approve the Consent Agenda as presented. 7 ayes; Nays, None. Pay Bills as Audited 1. Resolution—Accept $1,500 Donation from Hastings Downtown Business Association for 2. Hastings Police DARE Program Resolution—Accept $1,500 Donation from an Anonymous Donor for Hastings Police 3. Department Change Order #1 - 2009-2 Three Rivers Pond Stormwater Diversion 4. Pay Estimate #2—Industrial Park Area Improvements: Northwest Asphalt ($351,152.37) 5. Pay Estimate #1—East Hastings Lift Station: Minger Construction ($46,108.96) 6. Resolution—MnDOT Traffic Signal Replacement Agreement at TH 61 and CR 47 7. Final Payment—2090 Pavement Marking Program: AAA Striping Service Co. ($7,308.10) 8. Accept Quote—Fire Department Driveway and Apron Replacement 9. Resolutions—Setting the Bond Sale Date for November 16, 2009 Finance Director Stark introduced the items. ? Equipment Certificates Moved by Councilmember Schultz, seconded by Councilmember Slavik to approve as presented. 7 Ayes; Nays, none. ? 2009 GO Improvement Bonds City of Hastings October 19, 2009 City Council Minutes Page 2 of 4 Moved by Councilmember Hollenbeck, seconded by Councilmember Alongi to approve as presented. 7 Ayes; Nays, none. ? Refinancing of 2002 & 2003 GO Improvement Bonds Moved by Councilmember Nelson, seconded by Councilmember Hollenbeck to approve as presented. 7 Ayes; Nays, none. Acceptance of Bond Rating Service Finance Director Stark introduced the item. Moved by Councilmember Nelson, seconded by Councilmember Slavik to approve going to Standard and Poor’s rating service. 7 Ayes; Nays, none. Public Hearing—Adopt Assessments for 2008 Infrastructure Improvements Project 2008-1: North Vermillion Area Improvements City Engineer Egger introduced the item. City Administrator Osberg read the names of the property owners who had submitted written objections filed with the City Clerk. These objections must be filed by the end of the hearing. The property owners who had filed were: Joseph Balsanek 224 7th Street West Brent & Katy Bauer 413 8th Street East Mark & Gail Borchardt 706 Vermillion Street Robert Bowman 215 6th Street West Gary Cater 111 6th Street West Rita Dahl 205 7th Street West Kimberly Eyton 414 7th Street East John & Therese Fasbender 200 7th Street West Shawn & Sarah Flynn 816 Eddy Street Robert & Beverly Geiken 209 9th Street West Richard & Patricia Graham & Powers 608 Eddy Street Greg & Susan Jablonske 830 Vermillion Street Todd & Jennifer Johnson 210 10th Street West Greg & Lesley Lesch 215 7th Street West Steve & Fran Mann & Jauquet 224 6th Street West Andrew & Martha McCoy 209 7th Street West Schyler & Tricia Novak 212 7th Street West Judy Seleski 214 8th Street West Harold Siebenaler 119 7th Street West William & Ann Sylvander 200 6th Street West Kathleen & James Tanner 211 8th Street West Vincent Teuber 124 8th Street East Cynthia Wagner 223 7th Street West Jon & Maria Wallander 201 8th Street West Lewis Wilder 221 9th Street West Mayor Hicks opened the public hearing at 7:35 p.m. th Bill Sylvander, 200 6 Street West, stated that his property value did not increase due to the reconstruction. th Fran Jauquet, 224 6 Street West, stated concern with the accuracy of the footage calculation. She also stated concern with the property value, the process for determining value of the project, and how interest is calculated. th Vince Teuber, 124 8 Street East, stated disagreement with the assessment. City of Hastings October 19, 2009 City Council Minutes Page 3 of 4 th Bob Bowman, 215 6 Street West, stated disagreement with the assessment amount, offered some comments on the project, and asked how interest is calculated. Dick Graham, 608 Eddy Street, stated disagreement with the project and the assessment. th Thom Nesbitt, 221 8 Street West, offered some comments on the project. th Andy McCoy, 209 7 Street West, offered some comments on the quality of the project. Mark Borchardt, 706 Vermillion Street, offered some comments on the project. th Joe Balsanek, 224 7 Street West, offered some comments on the project and the city’s ability to assess project costs. He asked that the item be tabled and the City Council re-evaluate the process used. th Rita Dahl, 205 7 Street West, asked the City to reconsider how the corner lots are calculated. Mayor Hicks asked City Engineer Egger to respond to some of the questions raised. Egger stated that assessments are calculated using the front foot assessment amount by the amount of front footage on the property. Corner lots are calculated with the side lot being calculated on a percentage. The error in Ms. Jauquet’s calculation has been corrected and all other properties rechecked and are accurate as sent out. th Interest is calculated based on the City’s rate, plus 1.5% rounded to the nearest 10 of a point. In 2008, that was 5.5%. The value of infrastructure improvements are done by comparing degraded infrastructure with new infrastructure. The City cannot assess more than that amount. When appraisals were conducted, the recommended benefit was almost $100/front foot; the City lowered that to $60/front foot. City Attorney Fluegel clarified that written objections must be received by the City Clerk before the end of the meeting being conducted in order for property owners to retain their right to file with district court should they choose. Hearing no further comments, Mayor Hicks closed the public hearing at 8:55 p.m. Resolution—Adopt Assessments for 2008 Infrastructure Improvements: Project 2008-1: North Vermillion Area Improvements Councilmember Alongi asked Egger to speak to the quality of the contractor, in response to a few comments that it was inferior. Egger stated that there are no irregular punch list items, nor would staff recommend that the contractor not be considered for future contracts. Alongi asked to discuss why assessments are based on value instead of actual project costs. Mayor Hicks stated that assessments used to be determined by actual project costs, but when construction costs began to accelerate very quickly, the City began using a process that based the assessment calculation on a special benefits test calculation. At the time of adoption, this change resulted in lower individual assessments for property owners. Montgomery stated that the city policy to meet a special benefits test also automatically reduces the assessment amount by 10% of the appraisal. The most recent appraisal value has been decreased from $100/front foot to the proposed $60/front foot. All property owners pay the same cost per front foot. There was discussion on city coordination with property owners during the project, the proposed assessment amount, the amount of the total project which is assessed to individual property and the amount paid by all other city taxpayers. It was noted that the $60/front foot was set in early 2008 before the project started. There was clarification that the written objection needed to be filed with the clerk before the end of the meeting. Moved by Councilmember Alongi, seconded by Councilmember Nelson to approve the assessments as presented. Councilmember Balsanek requested that the records be updated to reflect the corrected calculation for the Jauquet/Mann assessment. That correction was duly noted. Councilmember Balsanek noted that he is not required to abstain from voting on this project, and he will exercise his right to vote. On the motion to approve the assessments as presented: City of Hastings October 19, 2009 City Council Minutes Page 4 of 4 6 Ayes; Nays, one. Councilmember Balsanek voting against. 9:45 p.m.: Mayor Hicks called for a 5 minute recess. 9:50 p.m.: Mayor Hicks called the meeting back to order. Project 2008-2—Downtown Street & Watermain Improvements City Engineer Egger introduced the item. Mayor Hicks opened the public hearing at 9:56 p.m. Hearing no further comments, Mayor Hicks closed the public hearing at 9:56 p.m. Resolution—Adopt Assessments for 2008 Infrastructure Improvements: Project 2008-2— Downtown Street & Watermain Improvements Moved by Councilmember Alongi, seconded by Councilmember Slavik to approve the resolution as presented. 7 Ayes; Nays, none. Resolution—Order Feasibility Study for Proposed 2010 Infrastructure Improvements Moved by Councilmember Balsanek, seconded by Councilmember Schultz to approve the resolution as presented. 7 Ayes; Nays, none. Accept Proposal for Intersection Control Evaluation Study for Pleasant Drive and South Frontage Road Intersection Moved by Councilmember Slavik, seconded by Councilmember Alongi to approve the proposal as presented. 7 Ayes; Nays, none. Announcements ? Mayor Hicks recognized Public Works Operator Joe Birk, who was named Operator of the Year by the Minnesota Public Works Association and Public Works Superintendent John Zgoda, who was named Supervisor of the Year by the Minnesota Public Works Association. ? The Finance Committee will meet on Thursday, October 22 at 7:30 a.m. at City Hall. ? The Hastings Bridge Coalition will meet on Monday, November 2 at 7:30 a.m. at City Hall. ? The Operations Committee will meet on Tuesday, October 20 at 7:30 a.m. at Public Works. Adjournment Moved by Councilmember Nelson, seconded by Councilmember Hollenbeck to adjourn the meeting at 10:16 p.m. __________________________________ ________________________________ Paul J. Hicks Melanie Mesko Lee Mayor City Clerk