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HomeMy WebLinkAbout03-15-04 Hastings, Minnesota March 15, 2004 The City Council of the City of Hastings, Minnesota met in a regular meeting on Monday March 15,2004 at 7:00 p.m., in the City Hall Council Chambers at the Hastings City Hall, 101 East 4th, Street, Hastings, Minnesota. Members Present: Mayor Mike Werner, City Councilmembers Hazlet, Riveness, Schultz, and Yandrasits Councilmember Moratzka arrived at 7:02 p.m. Councilmember Hicks arrived at 7:05 p.m. Members Absent: None Staff Members Present: City Administrator David Osberg; Administrative Assistant/City Clerk Melanie Mesko Lee; City Attorney Shawn Moynihan; Planning Director John Hinzman; Planning Director Tom Montgomery Fire Chief Mark Holmes Approval of Minutes Mayor Werner asked if there were any corrections or additions to the minutes of the regular meeting of March 1, 2004. Hearing none, the minutes were approved as presented. Consent Agenda Moved by Councilmember Riveness, seconded by Councilmember Yandrasits, to approve the Consent Agenda as presented. 7 Ayes; Nays, None. 1. 2. Pay Bills As Aud ited Order Public Hearing to Consider Amending 2004/2005 On-Sale Liquor License Fees First Reading and Order Public Hearing to Consider Amending Section 2.81 Regarding Completion of Ethics Forms First reading and Order Public Hearing to Amend Section 9.21 of the City Code Relating to Dog Licensing Accept Notice of Retirement-Lee Erickson Resolution Awarding Massage Therapy License to David Mueller for Caring Hands Massage Therapy Resolution Issuing On-Sale and Sunday Liquor License to Green Mill Restaurant 2004 Spring Clean Up Day-April 24, 2004 3. 4. 5. 6. 7. 8. Minutes of the Regular Meeting of March 15, 2004 Page 2 of 7 9. 10. 11. 12. 13. 14. 15. 16. 17. Building Department Hours Resolution-Supporting Continuation of Metropolitan Radio Board Resolution-Vermillion River Trail and Hwy 61 Underpass Advance Construction Agreement Authorization to Expend up to 2004 Budgeted Amount for Street Department Lift Truck at Auction Resolution of Support-Metro Greenways & Natural Heritage Bill (HF 2366/SF 2384 ) Request for Final Payment-Venture Computer Systems Approve March 29,2004 Special City Council Agenda 2003 Operating Transfers Authorize Purchase of Lifepak 12 Cardiac Defibrillator and Monitor Resolution-Shoreland Variance #2004-10: Larry Hamman (211 Clay Street) Planning Director Hinzman stated that the Planning Commission recommended approval with conditions. Moved by Councilmember Riveness, seconded by Councilmember Yandrasits to approve the site plan with the conditions as presented. 7 Ayes; Nays, None. Copy of resolution on file. Public Hearing-2004 Street & Utility Improvements 2004-1:VVesbNoodArea Mayor Werner opened the public hearing at 7:02 p.m. Public Works Director Montgomery presented information regarding the scope and estimated cost of this project. He stated that 170/0 of the $5,700,000 cost of the project will be assessed to the homeowners. Richard Bond, 2025 Forest Street, stated opposition the project, stating concerns with dumping storm water into the Vermillion River. Montgomery stated that the flow of storm water will not be changing; current storm water runoff from this area goes into the Vermillion River. The improvements will upgrade the system. Dan Bohrer, 1970 Oak Street, stated opposition to the project, as he has not seen problems with flooding. He also stated concern with the cost and potential for increased traffic speeds on the street. Rex Rathbone, 2013 Maple Street, supported the project. Richard Cordes, 1813 Pine Street, asked about the assessment abatement process. Tammy Gingrich, 2016 Maple Street, stated that she just moved into her home and did not know anYthing about the project before purchasing the home. She asked about the interest rates on the bonds. Montgomery stated that the interest rate depends on when the City sells the bonds to pay for the project. The most previous bond interest rate was 5%. John Reiff, 1965 Oak Street, stated concerns with the affordability and size of the project. Hearing no other comments, Mayor Werner closed the public hearing at 7:25 p.m. Minutes of the Regular Meeting of March 15, 2004 Page 3 of 7 Public Works Director Montgomery stated that assessment abatement is available through funds from Dakota County. If qualified, homeowners can have up to 100% of their assessment paid for. 2004-2: East 31 st Street Mayor Werner opened the public hearing at 7:34 p.m. Montgomery stated that this project abuts a variety of land uses, and an assessor determined the following benefit amounts: Single Family: $54.00/front foot (FF) Condominiums: $590.00/unit Industrial: $45.00/FF Mobile Park: $74.90/FF The cost of the project is estimated at $1,350,000, of which 21 % will be paid through assessments. Steven Richter, 360 31st Street East, stated opposition to the project. He said that trail, storm sewer, and curb and gutter are unnecessary. He said that the road has deteriorated due to the heavy industrial use and the City should require industrial vehicles to use Spiral Boulevard. Jim Weir, 3130 Cory Lane, inquired about to what standard the road will be rebuilt to withstand industrial traffic. Les Olson, 460 East 31st Street, stated his preference for the trail to be located on the north side, if a trail is even needed. Harold Dunkel, 420 East 31 st Street, stated his opposition to homeowners being charged more per front foot than the industrial property. Richard Palmer, 3125 Red Wing Boulevard, stated his preference for a trail on the north side of the street. He also questioned the amount of his proposed assessment. Pat Dowell, 300 East 31st Street, stated that the ditch is adequate and no improvements are needed. Hearing no further comments, Mayor Werner closed the public hearing at 8:00 p.m. Resolutions-Ordering 2004 Street & Utility Improvements 2004-1: VVesbNood Area Public Works Director Montgomery was asked about the water concerns discussed by Richard Bond (2025 Forest Street). Montgomery stated that the flow of what water goes into the Vermillion River will not be changing and that a recent study showed that Hastings should try to get storm water into the Vermillion River as soon as possible to alleviate any flooding concerns. Montgomery stated that the City requires new developments to create storm water ponds; there is not enough room in an existing development like Westwood to do something similar. Councilmember Yandrasits requested further explanation on the assessment abatement process. Montgomery stated that the City will hold assessment hearings in fall of 2005 once final costs are received. Applications for abatement are included in the assessment notices that are sent to each affected property. Dakota County CDA determines whether an application is eligible for assessment abatement. Moved by Councilmember Yandrasits, seconded by Councilmember Hazlet to approve Project 2004-1 as presented. 7 Ayes; Nays, None. Minutes of the Regular Meeting of March 15, 2004 Page 4 of 7 Copy of resolution on file. 2004-2: East 31 st Street Mayor Werner questioned why residential properties are being charged more than industrial properties. Montgomery stated that as appraiser developed the estimated benefit received by each property; the City can charge up to 900/0 of that value. Mayor Werner requested that the residential and industrial properties be charged the same assessment costs per front foot. The Council also discussed the location of the trail. The comprehensive trail plan provides for an eventual connection to this portion of the trail. Moved by Council member Yandrasits, seconded by Councilmember Moratzka to approve the project as presented, with a friendly amendment to charge residential and industrial properties the same prices at $49.50/front foot. 7 Ayes; Nays, None. Copy of resolution on file. Resolution-East 31st Street Trail Alignment Moved by Councilmember Hicks, seconded by Councilmember Moratzka to approve the trail on the north side. 7 Ayes; Nays, None. Copy of resolution on file. Public Hearing-Fireworks Ordinance Amendment Mayor Werner opened the public hearing at 8:05 p.m. Administrative Assistant/City Clerk Mesko Lee stated that the changes proposed are to ensure compliance with state statutory requirements. No comments have been received. Hearing nothing further, Mayor Werner closed the public hearing at 8:05 p.m. Resolution-Fireworks Ordinance Amendment Councilmember Yandrasits stated her disappointment with the state taking away a city's right to conduct background checks or require proof of insurance for fireworks vendors. Moved by Councilmember Riveness, seconded by Councilmember Hicks to approve the resolution as presented. 6 Ayes; Nays, one-Councilmember Yandrasits voting against. Copy of resolution on file. Resolution-Fireworks licensing Fees and Application Paperwork Moved by Councilmember Hicks, seconded by Councilmember Hazlet to approve the resolution and application paperwork as presented. 6 Ayes; Nays, one-Councilmember Yandrasits voting against. Copy of resolution on file. Authorization to Prepare land Acquisition Agreement and Authorization to Contract for Design Consulting Services for VVell #8 Montgomery provided information and requested authorization to construct Well #8, despite high nitrate levels. Montgomery stated that Wells #4 and #8 could Minutes of the Regular Meeting of March 15, 2004 Page 5 of 7 be mixed to take advantage of Well #4's pump house to add an addition to accommodate Well #8's needs and to blend the waters to lower the nitrates. Mayor Werner questioned City policy for test drilling. He suggested that the City should test water before entering into an agreement to purchase or lease land. Montgomery stated that the inconsistency of water quality from one site to the next makes test drilling expensive. Montgomery also stated that the City is getting to high capacity during the summer months when many residents and property owners choose to water their lawns. Because of the high use, some wells are running more than 20 hours a day in the summer months. Montgomery stated that the City could consider implementing additional user fees instead of drilling for a new well. Moved by Councilmember Yandrasits, seconded by Councilmember Riveness to refer this issue to the Operations Committee for further discussion. 7 Ayes; Nays, None. Approve Closure Recommendation and Authorize Contracting for Design and Construction Services to Demolish Well House and Seal Well-Well #1 Moved by Councilmember Yandrasits, seconded by Councilmember Riveness to refer this issue to the Operations Committee for further discussion. 7 Ayes; Nays, None. Resolution-Special Use Permit #2004-03: Hot Mix Asphalt/Commercial Asphalt (2445 County Road 54) Planning Director Hinzman recommended approval of this permit for a three- year time period, with annual reports required. Moved by Councilmember Schultz, seconded by Councilmember Hazlet to approve the resolution as presented. 7 Ayes; Nays, None. Copy of resolution on file. Resolution-Special Use Permit #2004-04: Aggregate Mining/Barton Sand & Gravel (2445 County Road 54) Planning Director Hinzman recommended approval of this permit for a three- year time period, with annual reports required. Moved by Councilmember Schultz, seconded by Councilmember Hazlet to approve the resolution as presented. 7 Ayes; Nays, None. Copy of resolution on file. Lower St. Croix VVater Management Organization Moved by Councilmember Yandrasits, seconded by Councilmember Schultz to join the organization and post information in the upcoming Rivertown Newsletter to try to get a representative to sit on the board. 7 Ayes; Nays, None. 2 a.m. Bar Time Status Report Minutes of the Regular Meeting of March 15, 2004 Page 6 of 7 Police Chief McMenomy prepared a report, six months after Council approval of the 2 a.m. bar closing time, indicating that there is not discernible impact due to the later closing time. Council accepted the report as presented. Request for City Charter Amendment Mesko Lee stated that James Lehmann, 504 3rd Street West, has requested a change in the City Charter to allow him to run for election while out of the country in Iraq. Lehmann's request included, should he win election in November 2004, permitting the current, sitting councilmember to remain in office until Mr. Lehmann returns from Iraq in mid-2005, at which point he would be sworn in. Councilmember Hicks stated that the City's Charter is its constitution, and did not support changing it on an individual basis. Moved by Councilmember Hicks, seconded by Councilmember Yandrasits to deny Mr. Lehmann's request 7 Ayes; Nays, None. Resolution-Approving Precinct Boundary Changes and Establishing Three Precincts in Ward 1 and Two Precincts in VVard 4 Moved by Councilmember Riveness, seconded by Councilmember Schultz, to approve the resolution as presented. 7 Ayes; Nays, None. Copy of resolution on file. Authorize Submittal of Public Dock Permit Moved by Councilmember Moratzka, seconded by Councilmember Yandrasits to submit the permit paperwork to the Army Corps of Engineers for consideration. 7 Ayes; Nays, None. Request for Discussion Regarding Guardian Angels Project Moved by Councilmember Moratzka, seconded by Councilmember Schultz, to refer this issue to the Planning Committee of the Council for further discussion. 7 Ayes; Nays, None. Comments from the Audience: State Representative Denny McNamara encouraged residents and the City to contact him should his assistance be needed. Report on Downtown Redevelopment Committee Councilmember Moratzka stated that the last Downtown Redevelopment Committee Meeting was held Monday, March 8 at 5:30 p.m. Closed Door Session-2004 labor Union Contract Open Door meeting adjourned at 9: 15 p.m. Closed Door meeting convened at 9:15 p.m. Closed Door meeting adjourned at 9:22 p.m. Open Door meeting reconvened at 9:22 p.m. Minutes of the Regular Meeting of March 15, 2004 Page 7 of 7 Adjournment Moved by Councilmember Riveness, seconded by Councilmember Hazlet to adjourn the meeting at 9:23 p.m. 7 Ayes; Nays, None. ~ ATTEST ~ City Clerk Mayor