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HomeMy WebLinkAbout04-19-99 .... r Hastings, Minnesota April 19, 1999 The City Council of the City of Hastings, Minnesota met in a regular meeting on Monday, April 19, 1999 at 7:00 p.m. in the City Hall Council Chambers, 101 4th Street East, Hastings, Minnesota. Members Present: Councilmember Yandrasits, Riveness, Johnson, Simacek, Hicks, Moratzka & Mayor Werner Members Absent: None Staff Members Present: Dave Osberg, City Administrator; Matt Weiland, Acting Community Development Director; Marty McNamara, Parks & Recreation Director; and Shawn Moynihan, City Attorney Approval of Minutes Mayor Werner asked if there were any corrections or additions to the minutes of the regular meeting of AprilS, 1999 and hearing none approved the minutes as presented. (' Council Items to Be Considered There were none. Consent Agenda Moved by Councilmember Yandrasits, seconded by Councilmember Riveness, to approve the Consent Agenda as presented. 7 Ayes; Nays, None. I. Pay All Bills as Audited 2. Resolution No. 4-5-99-Charitable Gambling Permit Application-Courage Center at Hastings Country Club, 2015 Westview Dr. Resolution No. No. 4-6-99- To Renew or Deny Charitable Gambling Premise Permit-at River's Grill & Bar-Beverage Minneapolis Minnesota Licensed Childrens Fund Hastings Adult Softball Association Request to Se113.2% Beer at Veteran's Park Athletic Complex Hire Consultant for Space Needs Order Public Hearing-Vacate Easements for High School (5/3/99) Order Public Hearing-Vacate Easements for Sunny Acres 4 (5/3/99) Pay Estimate #5, M.C.. Magney Construction, Inc., Booster Station & Pumphouse Improvements, $81,798.80 No Parking Resolution No. 4-7-99-4th Street Improvements Change Order #1, SCADA System Installation, $8,693.00 Veterans Bikeway-Rail Crossing Installation-CP Rail Resolution No. 4-8-99-Approving 4th Street Right-of-Way Plat Authorize Advertisement for Bids-Hydropower Plant Oil Cooling System (' 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. r Hastines City Council Minutes for Re~ular Meetin~ of April 19. 1999 Pae:e 2 of 7 14. 15. Civic Arena Change Orders a. Don Zappa & Son Excavating b. Fabcon, Inc. c. Kellington Construction, Inc. d. Listul Industries, Inc. e. Merrimac Construction f. Miller Electric Civic Arena Pay Estimate & Finals Final Payments ~ Swansons Heating . Listul ~ Fabcon Pay Application # 18 . Birkeland Architects . Graus . Miller Electric $ 500.00 $ -500.00 $ 2,019.23 $ 8,189.34 $ 1,264.83 $ 2,424.00 $15,092.80 $ 690.41 $ 9,571.40 $ 6,391.74 $ 2.73 $ 7,943.85 Hastings Hawks Proposal for Concession/Bathroom Facilities Parks & Recreation Director Marty McNamara presented information on the proposal from the Hastings Hawks to construct a concession stand and bathroom facilities at the Veterans Park Baseball Field. Marty McNamara introduced Mike Harder from Hastings Hawks, who introduced other members of the Hastings Hawks Organization who have been involved in this project. Moved by Councilmember Hicks, seconded by Councilmember Riveness, to approve the Hastings Hawks plan to construct a concession stand and bathroom facilities at the Veterans Park Baseball Field. 7 Ayes; Nays, None. r Charter Commission Amendment-Public Hearing Mayor Werner opened the Public Hearing at 7: 12 p.m. for persons to comment on a proposed amendment to the City Charter Section 3.08 regarding the method in which interim investigations and studies can be completed by the City Council. City Administrator Osberg presented further information on this proposal. Mayor Werner asked for any comments from the audience, and hearing none closed the public hearing at 7:13 p.m. 2nd Reading-Charter Commission Amendment Moved by Councilmember Hicks, seconded by Councilmember Simacek, to approve the 2nd Reading of the Ordinance on the proposed amendment to the City Charter Section 3.08 regarding the method in which interim investigations and studies can be completed by the City Council. 7 Ayes; Nays, None. (' Public Hearing-Locust Street Vacation Request By Dave Carrol Mayor Werner opened the Public Hearing at 7:13 p.m. Acting Community Development Director Matt Weiland presented information on the proposed request to vacate part of Locust Street. (' Hastin~s City Council Minutes for Regular Meeting of April 19. 1999 Pa~e 3 of 7 Mayor Werner asked if there were any comments from the audience and recognized Mary Anderson from 1501 East 4th Street. Ms. Anderson presented various questions and issues regarding the proposed street vacation and suggested it would be premature to vacate this section of Locust Street at this time. Hearing no further comments from the audience, Mayor Werner closed the public hearing at 7:26 p.m. Moved by Councilmember Yandrasits, seconded by Councilmember Johnson, to table this request until a study is completed by the Army Corps of Engineers or they determine that they will not be doing this study on the proposal to make improvements to Lake Isabelle. 7 Ayes; Nays, None. r Bruce Jorgenson Variance-Tierney Dr. Moved by Councilmember Riveness, seconded by Councilmember Hicks, to deny the 5 foot variance required to the 10 foot side yard setback from property lines as requested by Mr. Bruce Jorgenson for property on Tierney Drive based on the findings of facts that a variance could be avoided if a smaller home were built on the lot or the applicant choice to complete a lot line adjustment to the property. 7 Ayes; Nays, None. Wallin 9th Addition-Rezoning (A-Agriculture to R-l Low Density Residence) Moved by Councilmember Simacek, seconded by Councilmember Riveness, to approve the rezoning of the Wallin 9th Addition from Agriculture to R -1 Low Density Residence, and to schedule a public hearing for May 3, 1999 for the 2nd reading of the proposed rezoning ordinance. 7 Ayes; Nays, None. r Final Plat-Wallin 9th Addition Moved by Councilmember Hicks, seconded by Councilmember Yandrasits, to approve the Final Plat of the Wallin 9th Addition subject to the following conditions: 1. The final plat hard shells must be consistent with the approved final plat. 2. The final approval of the final plat is contingent on the rezoning of the property to R-1. 3. The developer shall pay an interceptor sewer charge of $300.00 per single family lot, $7,800.00 for 26 lots, prior to the City signing or releasing the final plat hardshells. The Developer will have to provide access to Outlot A Wallin 9th Addition in one of the following ways to be recorded in the development agreement: 1. The developer will grade a trail and grant and access easement along the eastern part of the swale from the Stone Meadow Dr access trail in Wallin park to the pond in Outlot A Wallin 9th Addition; or The Developer will install bituminous access trails between Lots 3+4 and the Western side of Lot 1, Block 2, Wallin 9th Addition. This was originally illustrated in the Wallin 3rd Addition Preliminary Plat. 2. 4. r Hastings City Council Minutes for Regular Meetin~ of April 19. 1999 3. The Developer will provide an alternative access to the pond with an understanding that any access over private property will require an easement and a bituminous trail. The Developer shall provide documentation that common open space and ponding basins in Outlots A, B, and C shall be privately maintained by a development association and not the city. The Developer shall modify the plat and development plans to provide a paved driveway access easement to the manhole located between Lots 1 +2, Block 5, Wallin 9th Addition, for the purpose of sewer access. There must be a turn around area installed and the slope of the drive must not exceed 8%. Maintenance of this drive will be the homeowner's responsibility. This drive will be constructed at the same time as the street improvements. The Developer shall provide a grading plan to the Public Works Director for land to be graded in conjunction with Wallin 9th Addition outside of the preliminary platted area. This grading plan be approved by the Public Works Director and incorporate any of his comments. The Developer shall correct the existing drainage problem in Wallin Park as part of the grading work done for the Wallin 9th Addition. The developer shall provide the Public Works Director grading plans addressing this problem. The Developer shall understand that any grading allowed in areas that have not been preliminary platted does not guarantee future preliminary plat or grading plan approval for those area. The Developer shall plant one "boulevard" tree and one front yard tree per lot. These trees shall be at least two inches in diameter at the base and the species of the tree should be on the list of approved trees created by City Forester. This requirement is consistent with what the city has been requiring in other areas. An escrow is required for any unplanted trees before occupancy of any units without trees is allowed. The Developer shall enter into a development agreement with the City of Hastings documenting conditions of approval for the Wallin 9th Addition. The Development Agreement shall be signed prior to the City releasing the final plat hard shells. r Pa~e 4 of 7 4. 5. 6. 7. 8. 9. 10. Councilmember Moratzka offered a friendly amendment that would require an additional condition be placed on the approval of the final plat suggesting that flood plain and shoreland ordinance requirements must be met with each of the lots in the Wallin 9th Addition Final Plat. Councilmembers Hicks and Yandrasits accepted this as a friendly amendment. 7 Ayes; Nays, None. Final Plat-Wallin 8th Addition Moved by Councilmember Johnson, seconded by Councilmember Riveness, to approve the Wallin 8th Addition Final Plat subject to the following conditions: 1. The final plat hard shells must be consistent with the approved final plat. 2. The developer shall pay $300.00 per lot for sewer interceptor fees, $3,000.00 for 10 lots, prior to the City signing and releasing the final plat. (' r r ~ , Hastines City Council Minutes for Regular Meetin~ of April 19. 1999 Page 5 of 7 The developer shall submit landscape plans showing the cul-de-sac islands required for River Shore Court. The developer shall also be responsible for proving that the island will be maintained by some means other than through City involvement. The developer shall fix the existing drainage problem on Lot 6, Block 1, Wallin 8th Addition to the satisfaction of the Public Works Director. The developer shall plant one "boulevard" tree and one front yard tree per lot. These tress shall be at least two inches in diameter at the base and the species of the tree should be on the list of approved trees created by the City Forester. This requirement is consistent with what the city has been requiring in other areas. An escrow is required for any unplanted trees before occupancy of any units without trees is allowed. 7 Ayes; Nays, None. 3. 4. 5. Hastings High School Rezoning Request Moved by Councilmember Hicks, seconded by Councilmember Simacek, to approve the request from Hastings Independent School District No. 200 for a rezoning of 54.8 acres of property located northwest of General Sieben Drive where it intersects with 4th Street to allow for a rezoning from Agriculture to R-3 Medium Density Housing. 7 Ayes; Nays, None. Hastings High School Preliminary Plat Moved by Councilmember Yandrasits, seconded by Councilmember Johnson, to approve the Hastings High School Preliminary Plat subject to the following conditions: 1. That the property is rezoned to R-3 Medium Density Housing. 2. That the old 4th St W StreetlUtility easement must be vacated before the final plat can be recorded. That the Final Plat is modified to plat the City Water Tower property as a lot. That easements agreements are prepared allowing the school district to use the city water tower property. These agreements shall be recorded with the development agreement. That the EA W (Environmental Assessment Worksheet) receives a negative declaration by the City Council. That the Natural Resources and Recreation Commission approves the playing fields for park dedication purposes prior to release of final plat hardshells. That the applicant shall pay a $300/lot - Interceptor Sewer Fee - which would total $300 for the proposed lot prior to City release final plat hardshells. That the applicant and the City shall agree on cost shares of the Traffic Signal and traffic improvements in a Development Agreement. That the maintenance of the ponding basin be worked out in a development agreement. That the applicant shall obtain Site Plan approval from the City prior to issuance of any building permits for any future proposed developments on property. That the applicant shall be required to replat outlots before they may be developed. That the applicant shall enter into a Development Agreement with the City to memorialize conditions of preliminary plat approval and that the executed Agreement shall be recorded against the subject property prior to the City's release of the final plat hardshells. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. r r' r Hastine:s City Council Minutes for Regular Meeting of April 19. 1999 Pa2e 6 of 7 Councilmember Moratzka moved and Councilmember Riveness seconded an amendment that would require a 10 foot path along General Sieben Drive rather than the proposed 8 foot path. Kevin Sullivan from Wold Architects representing Hastings Independent School District No. 200 suggested that it remain at 8 foot to eliminate any possibilities of vehicles driving on the path. Mayor Werner called the question on the amendment: 7 Ayes; Nays, None. The amendment passed, upon which time Mayor Werner called for a vote on the original motion for approval of the preliminary plat with the conditions, and the amendment. 7 Ayes; Nays, None. Hastings High School Site Plan Moved by Councilmember Simacek, seconded by Councilmember Hicks, to approve the Hastings High School Site Plan subject to the following conditions: 1. That the proposed structure and accessory items including, but not limited to, the parking lot and landscaping shall be completed pursuant to the approved site plan. Upon request for occupancy of the building, all uncompleted items contained within the site plan shall be addressed pursuant to city code escrow requirements. That the property is rezoned to R-3 Medium Density Housing. That the EA W receives a negative declaration by the City Council. That the applicant shall modify the landscaping plan to include some vegetative screening between the eastern edge of the northern parking lot facing General Sieben Dr. That the applicant shall modify the landscaping plan to include more trees eastern edge of the parking lot facing General Sieben Dr. That the applicant shall modify the landscaping plan to include vegetative screening along the southern edge of the southern parking lot facing 4th St W in order to diffuse headlights. That the applicant shall work with the Public Works Director to ensure the trail adjacent to the southern ponding basin is designed safely. That the submitted site plan grants the future additions concept plan approval only. Detailed site plans will have to be provided for full site plan approvals. 7 Ayes; Nays, None. 2. 3. 4. 5. 6. 7. 8. Audience Comments None Unfinished Business None New Business None .r' , r r r \ Hastin~s City Council Minutes for Regular Meetinl of April 19. 1999 Page 7 of 7 Reports From Committees City Councilmember Lynn Moratzka solicited input from the City Council on the process for further discussions on the concession and vending requires for proposal process. The City Council encouraged the Parks & Recreation Committee to continue with discussions on the vendor for concessions at the pool and continue with negotiations as presented. Adjournment Moved by Councilmember Johnson, seconded by Councilmember Simacek, to adjourn the meeting at 8:04 p.m. 7 Ayes, Nays, None. Mayor