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Home My WebLink About11-06-00 ... ~ r Hastings, Minnesota November 6, 2000 The City Council of the City of Hastings, Minnesota met in regular meeting on Monday, November 6, 2000 at 7:00 p.m. in the City Hall Council Chambers, 101 4th Street East, Hastings, Minnesota Members Present: Councilmember Yandrasits, Riveness, Simacek, Johnson, Hicks, Moratzka & Mayor Werner Members Absent: None Staff Members Present: David Osberg, City Administrator; Shawn Moynihan, City Attorney; Matt Weiland, City Planner; Tom Montgomery, Public Works Director; Marty McNamara, Parks & Recreation Director; and Melanie Mesko, Administrative Assistant/City Clerk ~,- Approval of Minutes Mayor Werner asked if there were any corrections or additions to the minutes of the regular meeting conducted October 16, 2000 and hearing none approved the minutes as presented. Council Items to be Considered City Administrator Osberg requested that two items be added to the Consent Agenda: The approval of the replacement squad car and approval of a street closing for Gobble Gait 2000 be added to the Consent Agenda. Moved by Councilmember Yandrasits, seconded by Councilmember Simacek, to add those two items to the Consent Agenda. 7 Ayes; Nays, None. - Consent Agenda Moved by Councilmember Johnson, seconded by Councilmember Simacek, to approve the Consent Agenda as amended. 7 Ayes; Nays, None. 1. Pay All Bills As Audited 2. Dakota County Criminal Justice Information Integration Network 3. 1 5t Reading and Schedule Public Hearing-Annexation Ordinance 4. Donation of Land by Herman Fasbender 5. Resolution No. 11-1-00-Approval of Premise Permit for Lawful Gambling to be conducted at RJ's Tavern on Main, 106 2nd Street East Approval of Massage Establishment License and Request for Waiver of Fees Resolution No. 11-2-00-Approval of Off-Sale Liquor License for Midwest Liquors, 982 General Sieben Drive Pay Estimate #2, Repainting 4th St. Tank, Champion Coatings, Inc., $78,185.00 6. 7. 8. "r' ~in~s City Counc~eeular Meeting on November 6. 2000 Pg 2 of 6 9. 10. 11. 12. 13. 14. 15. Authorize Assessment of Sanitary Sewer Service Repair-51 0 River Street Authorize Parks and Recreation Committee meeting on LeDuc House Compensatory Time Carry Over-Police Department Resolution No. 11-3-00-Wallin Park Youth Enrichment Grant Agreement Resolution No. 11-4-00-Declaring Adequacy of Petitions and Order Feasibility Study a. Project #2001-7 Bohlkens 6th Addition b. Project #2001-8-Forest St. from 8th Street to 9th Street, and 9th Street from Forest to Walnut Resolution No. 11-5-00-Empire & Rosemount Treatment Plants Expansion Final Plat-Sieben 4th Addition Residential Solid Waste Collection Haulers License City Administrator Osberg stated that the Utility Committee of the City Council is recommending that the full City Council award the Residential Solid Waste and Recycling License to Waste Management. Moved by Councilmember Hicks, seconded by Councilmember Riveness, to approve the Residential Solid Waste Collection Haulers License to Waste Management and authorize the City Attorney and City Administrator to negotiate an agreement with Waste Management for the Residential Solid Waste Collection and Recycling Service. 7 Ayes; Nays, None. ,...- ,,-- Miracle Recreation Equipment Company-Bleachers Civic Arena Moved by Councilmember Riveness, seconded by Councilmember Johnson, to award the contract to Miracle Recreation Equipment Company in the amount of $18,810.75 for bleachers for the new rink at the Civic Arena. These bleachers will meet all state safety code and ADA requirements. 7 Ayes; Nays, None. Public Hearing-Assessment Hearing for 1999 Street & Utility Improvement Program Mayor Werner opened the Public Hearing at 7: 1 0 p.m. Rebecca Kiernan, 408 Ashland Street, stated that she felt she did not think she should be assessed for improvements as her previous curb and gutter was fine. Tom Field, 724 West 4th Street asked why property owners have to pay and why the City or the County doesn't pick up 100% of the cost. Edna Kilbride, 500 West 4th Street stated that the City took out her sidewalk and replaced it with a different one and she wanted to know why. Public Works Director Montgomery stated that he would get back to her with an answer. Hearing no further public comment, the public hearing for Project 1999-1 was closed at 7:15 p.m. , . /' ~ines City CouncilMinutes for Re~ular Meeting on November 6. 2000 Pg 3 of 6 Public Hearing for Project 1999-4 Fourth Street from 5th to 17th Street The Public Hearing was opened at 7:15 p.m. Bruce Tosniss, 1517 Forest Street, questioned the amount of the assessment. Public Works Director Montgomery stated that actual project costs were $12.00 less per front foot than the estimate. Hearing no further public comments, the public hearing was closed at 7: 18 p.m. Resolution No. 11-7-00-Public Hearing for Project 1999-5 Hampton Bank Alley The Public Hearing was opened at 7:19 p.m. David Fasbender, who owns apartments that abut the alley, stated that he felt the improvements did not help his property value. Hearing no further public comment, the public hearing was closed at 7:20 p.m. Public Hearing for Project 1999-6 There were no public comments to be heard. Moved by Councilmember Hicks, seconded by Councilmember Riveness, to approve Resolution No. 11-7-00 the adoption of the assessments for 1999 Street & Utility Improvements. 7 Ayes; Nays, None. Copy of resolution on file. ",--- Public Hearing Assessment Hearing for Traffic Signals at Hwy 55 and General Sieben Drive The Public Hearing was opened at 7 :20 p.m. and there was no public comment to be heard. The public hearing was closed at 7 :20 p.m. Moved by Councilmember Moratzka, seconded by Councilmember Hicks, to approve Resolution No. 11-8-00, adoption of Assessments for Traffic Signals at Highway 55 and General Sieben Drive. 7 Ayes; Nays, None. Copy of resolution on file. Street Vacation-2nd Street East The Public Hearing was opened at 7:21 p.m. City Planner Weiland stated that a petition has been received requesting the vacation of a portion of 2nd Street East between Lea Street and Bass Street. The reason for the vacation request is to provide more buildable area in front of the existing building and to line up a new home with the existing homes along 2nd Street. Hearing no further public comment the public hearing was closed at 7 :25 p.m. Moved by Councilmember Yandrasits, seconded by Councilmember Riveness, to approve the street vacation for 2nd Street East. 7 Ayes; Nays, None. -- Rezoning -Riverdale (A to R-l) The Public Hearing was opened at 7:29 p.m. City Planner Weiland stated that this rezone request is consistent with the City's Comprehensive Plan and that this property has been identified for residential use in the City's Comprehensive Plans for the past 20 years. Weiland stated that the Planning Commission recommended approval of the . . ,', ~ ~ngs City CouncUJ\'linu~Regular ¡\1eetin~ on November 6. 2000 Pg 4 of 6 rezoning of the property to R-l Low Density Residential at their October 9, 2000 Planning Commission meeting. Pat Rother, 2012 Nininger Road stated that she would like more thought put into the access for these homes and requested an EA W done. Ms. Rother presented a petition to the Council to keep green space. Mrs. Denn, 2036 Nininger questioned what kind of access will the County be providing. Hearing no further comments the public hearing was closed at 7:31 p.m. Moved by Councilmember Yandrasits, seconded by Councilmember Johnson, to approve the 2nd Reading for the Rezoning of Riverdale from A to R -1. 7 Ayes; Nays, None. ..- Tree Aeration, Harold Featherstone Property Public Works Director Montgomery stated that he had been approached by Mr. Harold Featherstone to aerate his property to alleviate damage to oak trees that were damaged during the installation of underground utilities. Montgomery stated that Mr. Featherstone's request is for repair on his yard that is not in the City's right-of-way. Moved by Councilmember Hicks, seconded by Councilmember Moratzka, to not aerate Harold Featherstones land and establish a policy for this in the future and to communicate with contractors to be more careful in the future. 7 Ayes; Nays, None. Resolution No. 11-9-00-0rder Feasibility Study for Extension of Sanitary Sewer and Water Utilities Greten Property Public Works Director Montgomery stated that the City Council is being requested to approve Resolution No. 11-9-00 ordering a feasibility study for Project 2001-9 Greten Property utility extensions and to require the Greten Property Developer to post a letter of credit in the amount of $50,000 prior to proceeding with work on the feasibility study. Moved by Councilmember Simacek, seconded by Councilmember Moratzka, to approve Resolution No. 11-9-00 ordering the Feasibility Study for the Greten Property. 7 Ayes; Nays, None. Copy of resolution on file. Discussion of Street and Utility Improvements Generated by Guardian Angels Block Development Public Works Directar Montgomery stated that after review and preliminary design for water and sewer main replacements as part of the Guardian Angels street and utility improvements, staff is recommending the replacement of the galvanized water services rather than reconnecting them to a new water main. Due to the large amount of curb patching required when placing these services, staff is also recommending that Council consider street reconstruction and amend the Guardian Angels Development Utility Replacement Feasibility Study to include street reconstruction. ,- r ~tings City Council Minutes for Regular Meeting on November 6. 2000 Pg 5 of 6 Councilmember Hicks stated that he would like a letter sent to all residents and have a public informational meeting before making this decision as it varies from previous Council approval. Public Works Director Montgomery asked for authorization to keep going on this project in order to get some costs together to be able to share with the residents. Councilmember Hicks stated the letter sent out should give a comparison of the entire cost compared to the reduced cost payment plan as approved by the Council. Moved by Councilmember Yandrasits, seconded by Councilmember Moratzka, to authorize Staff to develop a Feasibility Study for prices for street and utility improvements generated by the Guardian Angels Block Development and have a public informational meeting with the local residents. 7 Ayes; Nays, None. Special Use Permit for Temporary Fill in Floodplain-Surcharge New Road Alignment for Lock and Dam Road Moved by Councilmember Hicks, seconded by Councilmember Simacek, to approve the special use permit as presented. 7 Ayes; Nays, None. /'- Minor Subdivision-1803 Westview Drive City Planner Weiland stated that staff has received an application and a request for a minor subdivision of property at 1803 Westview Drive. The request is to subdivide an existing lot into two separate lots. Weiland stated that the Planning Commission voted unanimously to recommend denial of the minor subdivision based on the following findings of fact: 1. Restricted covenants exist over the property; 2. Prior findings of the City Council; 3. Proposals contrary to the original intent of the Country Club Estates Plat; and 4. Proposal is detrimental to the original esthetic character, as the proposed lots are substantially smaller than the other lots in the subdivision. Larry McNamara, 1281 Southview Drive requested denial of the subdivision and stated that covenants run with the land and the Council has previously denied similar requests. Moved by Councilmember Moratzka, seconded by Councilmember Hicks, to prepare findings of fact for the denial of the minor subdivision request based on previous Council denials and covenants recorded against property. 3 Ayes; Nays, 4 Moved by Councilmember Yandrasits, seconded by Councilmember Johnson, to approve the minor subdivision at 1803 Westview Drive with the conditions as outlined in the October 31, 2000 Planners Report. 4 Ayes; Nays, 3 ,~ ¡ . /'-- ~in2S city Council..Mi!mtes for Re2ular Meetin~ on November 6. 2000 Pg 7 of 6 Final Plat-Bailey Ridge Todd Siewert, developer for the Final Plat at Bailey Ridge, requested that Council authorize a different street name than recommended by City Staff. Siewert had originally proposed Lukas Lane; discussions with City Staff provided the recommendation that the__~__~~-------~--~~--- proposed street instead be named 13th Street to stay consistent with the street naming plan and also due to the fact that Lukas Lane sounds too close to Louis Lane, which is also located in the City. Moved by Councilmember Moratzka, seconded by Councilmember Riveness, to approve the Final Plat with Bailey Ridge with all staff recommendations as outlined in the November 2,2000 Planners Report. 7 Ayes; Nays, None. Concept Plan-Century South (Greten Property) Moved by Councilmember Hicks, seconded by Councilmember Moratzka, to approve the Concept Plan for Century South. 7 Ayes; Nays, None. ,.- Adjournment Moved by Councilmember Simacek, seconded by Councilmember Johnson, to adjourn the meeting at 9:18 p.m. ; ~YL N:~e, Mayor A TIE S T Vtút.t)(JJ£o City Clerk -