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.
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ATTEST
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City Clerk
Mayor