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Home My WebLink About09-16-96 I I l r I I , i r- I I I I Hastings, Minnesota September 16, 1996 The City Council of the City of Hastings, Minnesota met in a regular meeting on Monday, September 16, 1996 at 7:00 p.m. in the City Hall Council Chambers, 101 4th Street East, Hastings, Minnesota. Members Present: Councilmember Riveness, Warner, Johnson, Simacek, Hicks, Moratzka and Mayor Werner Members Absent: None Staff Members Present: Dave Osberg, City Administrator; Mike Wozniak, Community Development Director; Matt Weiland, Planning Intern; Tom Montgomery, Public Works Director; Joyce Pruitt, Administrative Assistant/City Clerk; and Shawn Moynihan, City Attorney LaDonna Riste, on behalf of Dakota Electric and the Dakota County Economic Development Partnership, presented a $5,000 check to the City of Hastings for the completion of the Geographical Information System. PRESENTATION OF CHECK BY DEA FOR GIS Dakota County Commissioner Joe Harris provided an update on Dakota County DISCUSS WITH issued and the Metropolitan Airports Commission land banking issues. CO. COMM. JOE HARRIS Councilmember Moratzka commented on the strong cooperative partnership with the Household Hazardous Waste Clean-up between Dakota County and the City of Hastings. She added a record number of people, 454 cars, utilized the clean-up facility on Saturday, September 14, 1996, and that many positive comments were received from the public on the Hastings Household Hazardous Waste collection. Mary Zack, of Modem Woodmen Insurance, provided background and a description of the Community Halloween Party and requested the City Council's endorsement of the program. Mayor Werner asked if there were any corrections or additions to the minutes of the regular meeting of September 3, 1996, and hearing none, declared the minutes approved as presented. Moved by Councilmember Hicks, seconded by Councilmember Riveness to amend Item No. 10 of the Consent Agenda by deleting the request for parking restrictions on the 12th Street west of Pleasant Drive, and adding Mega-Bits to the list of establishments for renewal of amusement licenses in Item No.2. 7 Ayes; Nays, None. Moved by Councilmember Hicks, seconded by Councilmember Warner to add Item No.2, under "Awarding of Contracts and Public Hearings," a public hearing to consider regulation of rates charged for basic cable service and related equipment. Moved by Councilmember Simacek, seconded by Councilmember Hicks to approve the consent agenda as amended, with the deletion of the parking restrictions on 12th Street west of Pleasant Drive to Item No. 10, and the addition of Mega-Bits to Item No.2, "Renewal of Amusement Device Licenses and Approve a New License for Wal-Mart." 7 Ayes; Nays, None. 1. Pay all bills as audited 2. Renewal of Amusement Device Licenses & Approve a New License for Wal-Mart 3. Sidewalk Reimbursement - 201 East 11 th Street 4. Resolution No. 9-7-96 - Minnesota Manufacturers Week 5. 2nd Reading Ordinance Amending City Code Section 4.05 Regarding the Franchise Term for the Cable Communications System in the City of Hastings 6. Appointment to Heritage Preservation Commission: Katherine Sovik-Siemens DISCUSS 4TH ANNUAL HALLOWEEN YOUTH PARTY APPROVAL OF MINUTES ADD TO ~AGlNDA ADDITION TO AGENDA ~AGlNDA RES. NO. 9-7-96 Page 2 September 16, 1996 7. Resolution No. 9-8-96 - Authorizing Administrative Assistant/City Clerk to execute RES. NO. 9-8-96 requests for funds from MNDOT - TRAC Program 8. Industrial Park Land Trade Request 9. Resolution No. 9-9-96 - 1995 Assessment (Pine St. & General Sieben Dr.), Declaring RES. NO. 9-9-96 Amount to be Assessed and Ordering Public Hearing for October 7, 1996 10. Street Light Request on 12th Street West of Pleasant Drive 11. Authorize sale of Industrial Park Property - Commerce Drive Mayor Werner opened the Public Hearing at 7:20 p.m. to consider the 2nd/Final Reading of an Ordinance Amending City Code Section 2.64 regarding salaries of the Mayor and City Councilmembers. Mayor Werner asked if anyone wished to speak on the issue, no one wished to do so. The Mayor closed the public hearing at 7:21 p.m. Moved by Councilmember Hicks, seconded by Councilmember Warner to approve the 2nd/Final Reading of an Ordinance Amending City Code Section 2.64 regarding salaries of Mayor and Councilmembers. 7 Ayes; Nays, None. Mayor Werner opened the Public Hearing at 7:22 p.m. to consider regulation of rates charged for basic cable service and related equipment. The following comments were provided: Dave Osberg, City Administrator, recommended to the City Council tabling this item for approximately two to four weeks due to recent findings by Fredrickson & Byron, the City of Hastings' Legal Counsel. Tony Mendoza of Fredrickson & Byron explained his Firm would be speaking with King Cable officials to discuss concerns of overcharging subscribers for basic service tier rates and for equipment and installation related to the delivery of basic cable service. Jim Commers representing King Cable, explained King Cable feels there is a need for more discussion on the calculation of some of the rates and welcomes the opportunity to meet with Mr. Mendoza and the City to resolve the issues. Everyone wishing to speak were given the opportunity to do so, and the Mayor closed the public hearing at 7:33 p.m. Moved by Councilmember Hicks, seconded by Councilmember Simacek to table the Resolution regarding regulation of rates charged for basic cable service and related equipment. 7 Ayes; Nays, None. Public Works Director Tom Montgomery reviewed with the City Council and audience the drainage problem at 415 and 419 West Sixth Street. He further explained that since this work will require hiring a contractor, and is outside of City right of way, City Council authorization is requested. Moved by Councilmember Simacek, seconded by CouncilmemberWarner to authorize construction of a new drain to correct the existing drainage problem at 415 and 419 W. 6th Street. Community Development Director Michael Wozniak reviewed with the City Council and audience the tower setback variance request. He noted the Planning Commission recommended the variance request be denied because it does not meet the variance criteria specified in Hastings City Code. He added, the Planning Commission recommended the City Council consider revisiting the policies on these type of facilities and establish direction of where these facilities should be located within the City. Moved by Councilmember Johnson, seconded by Councilmember Moratzka to approve the Planning Commission's recommendation to deny the tower setback variance request. 7 Ayes; Nays, None. Moved by Councilmember Hicks, seconded by Councilmember Warner to direct staff to provide information to the Planning Commission and City Council to investigate potential ordinance changes for cellular antenna/tower type construction. 7 Ayes; Nays, None. :r:-, 1111 -~~1I!I"A-1\Ii1:;T:r:. ~_.':.;(~:~ ':'t~~~::..~"'._~n~: ~ '! Iii. -^ . I' r : , P.R-ORD.~_~ CITY CODE SEC. 2.64-SALARIES MAYORlCOUNCIL 2ND/FINAL READING-MAYOR a>uNOL SAlARY P.H.-RES. REGUIA1E RA~ CHARGED FOR BASIC CABLE SERVICE & RELATED EQUIPMENT (-----. , I '-~ RES. TABLED BASIC CABLE RATES DRAINAGE PROBLEM- 419 W. 6TH ST. YARD SETBACK V ARIANCE-CELL PHONEANfENNA 23RDST.WATE~ TOWER SITE i r r r- I I I \ Page 3 Bill Sieben 1201 Southview Drive, requested .cl~l.rification of the City Council's decision. Mayor Werner explained the variance to allow a monopole tower at the 23rd Street Water Tower site had been denied by the City Council and staffhas been directed to investigate the existing tower ordinance. Jim Wineman, on behalf of Sprint, thanked the City Council and Staff for working with Sprint on locating antennas within the City. Moved by Councilmember Hicks, seconded by Councilmember Moratzka to approve the 1997 federal funding request with the total budget being $183,868, or less as agreed to with MNDOT and the Metropolitan Council, and, also to authorize staff to submit the necessary grant application to MNDOT and prepare a resolution entering an agreement for federal assistance funding. 7 Ayes; Nays, None. Copy of resolution on file. Moved by Councilmember Simacek, seconded by Councilmember Wamer to approve the 1997 state funding request with the total budget being $183,868 or less as agreed to with Metropolitan Council and MnDOT and also, to authorize staff to submit the necessary grant application to Metropolitan Council. 7 Ayes; Nays, None. City Administrator Dave Osberg provided an update on the siting process for the Southeast Regional Wastewater Treatment Plant. Councilmember Hicks proposed meeting with the Met Council at a future meeting, and then determining whether an additional presentation and meeting with the Met Council is necessary. Mr. Osberg noted Staff will continue to provide written updates on the Southeast Regional Wastewater Treatment siting process meetings. There were no comments from the audience. September 16, 1996 RES. NO. 9-10-96 FIDmAI.(MNDOI) TRANSIT GRANT 1997 MET COUNCIL(STATFJ EXURBAN TRANSIT GRANT SOUTHEAST REGIONAL W~ -WATER TREAT- MENT PLANT COMMENTS FROM AUDIENCE Councilmember Riveness announced a dedication for new playground equipment UNFINISHED and a crime watch program at Tierney Park on Tuesday, September 17, 1996 at 5:30 p.m. BUSINESS Councilmember Moratzka thanked the Hastings Staff and community for an outstanding job with the Household Hazardous Waste Site drop off, and directed Staff to compile statistics on the collections for the upcoming city newsletter. She also thanked everyone who participated in the Mississippi River Coordinating Commission Meeting, and noted that participants were very pleased with the Hastings community and City Hall. Councilmember Hicks commented the land banking issue is most likely closed, and that being the representative of the SOAR Board, he will continue to provide updates on the issue. Mayor Werner announced that on Friday, September 27, 1996 from 12:30 to 2:30 p.m. the Receiving Center at the Dakota County Center will be dedicated to Joe Swanson. He noted he received a thank you letter from the Department of the Interior regarding the Mississippi River Coordinating Commission Meeting on September 11, 1996. The Mayor thanked Jim McGree, Marty McNamara and all other employees who worked behind the scenes on the Smeads 90th anniversary picnic in the City's park system. He stated, Smeads estimated they had approximately 1500 people in attendance, and the Hastings Staff did an outstanding job coordinating the event. Additionally, the Mayor noted he received a letter from Dakota County Parks expressing their full support for the construction of a multi purpose facility and a second sheet of ice for the Hastings Mighty Ducks application process. Page 4 September 16, 1996 Moved by Councilmember Hicks, seconded by Councilmember Warner ADJOURNMENT to adjourn the meeting at 7:58 p.m. 7 Ayes; Nays, None. _WA - ~ ATIEST ~ ~ ~ Ci ClerK Mayor ;;c. iiI ~"," t,~,E:';;L fl. EfjfillC'_!'i~ 1.1 :''ir - .... . . )I_:~:~",;:.... ' (~ I l_~ .~