HomeMy WebLinkAbout11-15-04
Hastings, Minnesota
November 15, 2004
The City Council of the City of Hastings, Minnesota met in a regular meeting on
Monday, November 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 Werner, Council Members Moratzka, Schultz, Riveness,
Hazlet, Yandrasits and Hicks
Members Absent: None
Staff Members Present: City Administrator Dave Osberg, Administrative AssistanUCity
Clerk Melanie Mesko Lee, City Attorney Shawn Moynihan,
Planning Director John Hinzman, Public Works Director Tom
Montgomery, HRA Director John Grossman, Police Chief Mike
McMenomy
Approval of Minutes
Mayor Werner asked if there were any corrections or additions to the minutes of the
regular meeting of November 1, 2004 or to the special meeting on November 4, 2004.
Hearing none, the minutes were approved as presented.
Presentation-Award of Grant Funds by Centerpoint Energy/Minnegasco to
Police Department
Connie Harges of Centerpoint Energy/Minnegasco presented Police Chief
McMenomy with a check in the amount of $2,000. McMenomy stated that he grant funds
will be used to purchase a mobile LED infrared night vision camera to be used for nighttime
surveillance.
Mayor Werner and the City Council thanked Centerpoint Energy/Minnegasco for the
generous donation.
Consent Agenda
Councilmember Schultz asked to have Item #4 pulled from the Consent Agenda and
placed under Planning.
Moved by Councilmember Schultz, seconded by Council Member Yandrasits to
approve the Consent Agenda as amended.
7 Ayes; Nays, None.
1. Pay Bills As Audited
2. Resolution-Center Point Energy/Minnegasco Donation (Police)
3. Pay Estimate #1-Fire Department Rescue Truck (Ferrara Fire Apparatus, Inc.):
$88,066
4. Resolution-Final Plat #2004-61: Wallin 12th Addition-moved to Planning
Minutes of the Regular Meeting of November 15, 2004
Page 2 of 5
5. Accept Planning Commissioner Resignation/Authorize Advertisement-Anthony
Alongi
6. Authorize Signature-Dakota CDA Hastings Marketplace Cooperative
Agreement
7. Authorize Advance Purchase of Pickup Plow Truck and Declare Existing Truck
Excess Property
8. Accept Retirement Notice of Utilities Superintendent
g. Approve Greten Sign Placement
10. Pay Estimate #10-Project 2003-4: Spiral Boulevard & 31st Street (Ryan
Contracting): $4,888.60
11. Pay Estimate #4-Project 2004-3: Vermillion River Trail (Mattison Contractors):
$14,552.71
12. Pay Estimate #11-Project 2003-2: Riverwood/South Oaks (Contractors Edge):
$123,675.54
13. Pay Estimate #4-project 2004-2: 31st Street Reconstruction (A-1 Excavating):
$143,758.13
14. Pay Estimate #5-Project 2004-1 Westwood Reconstruction (Three Rivers)
$430,319.81
15. Pay Estimate #4-project 2004-4: 10th Street & Highway 61 (Ace Blacktop):
$18,839.30
Award Industrial Park Agricultural Land Lease-Carlson Ag, Inc.
Planning Director Hinzman recommended awarding the 2005 lease to Carlson Ag.,
Inc. in the amount of $121.00 per acre.
Moved by Councilmember Hazlet, seconded by Councilmember Hicks to approve
the land lease as presented.
7 Ayes; Nays, None.
Copy of resolution on file.
Resolution-Ordering Feasibility Studies for Proposed 2005 Improvement Program
Public Works Director Montgomery requested approval to order feasibility studies for
the following 2005 public improvements:
. Project 2005-1-Dakota Hills Area. Westview Drive between 15th Street and
Westview Drive, along with Valley Lane and Hilltop Lane. Primarily street
reconstruction.
. Project 2005-2-Zweber Lane and Oak Ridge Drive Reconstruction.
Reconstruction and installation of storm sewer.
Moved by Councilmember Schultz; seconded by Councilmember Moratzka to
approve the two 2005 reconstruction resolutions as presented.
7 Ayes; Nays, None.
Copy of resolutions on file.
Resolution-Approving Reduction of Proposed Assessments for Forest Street
Public Works Director Montgomery requested Council consideration of a resolution
reducing the proposed assessments for Forest Street by $500, due to the unique
Minutes of the Regular Meeting of November 15, 2004
Page 3 015
conditions which prevented it from being finished in 2004. This action is not to be
considered a precedent for future assessments
Moved by Councilmember Riveness; seconded by Councilmember Hicks to approve
the resolution as presented.
7 Ayes; Nays, None.
Copy of resolution on file.
Resolution-Variance #2004-65: 1305 Hillside Street (Doug Amy)
Planning Director Hinzman stated that the applicant requests a 10 foot variance
to the 20 foot rear yard setback requirement to enlarge a non-conforming garage and
intensification of a non-conforming structure by adding the garage addition. The
Planning Commission has recommended approval of the variance.
Moved by Councilmember Yandrasits; seconded by Council member Riveness to
approve the resolution as presented.
7 Ayes, Nays, None.
Copy of resolution on file.
Resolution-Home Occupation Permit #2004-64: 1505 Brooke Court (Dan Rother
Photography)
Planning Director Hinzman the request is for a Type I Home Occupation License,
which requires Planning Commission review and City Council approval. The Planning
Commission has recommended approval of the home occupation permit.
Council member Moratzka expressed concern over the answers provided by the
applicant in the application packet. She stated that she supports a more thorough review
of initial conditions to assist for future renewal considerations.
Moved by Councilmember Moratzka; seconded by Councilmember Riveness to
table the request until further clarification is provided on the applicant's application.
7 Ayes; Nays, None.
Multiple Family Moratorium Update
Planning Director Hinzman requested Council consideration of a report of findings
and recommendations as they relate to the Multiple Family Moratorium Ordinance. The
Planning Committee of the Council reviewed the following issues for further examination:
1. Require identification of ownership status (owner vs. rental) at the time of site
plan and preliminary plat approval. Staff recommends amending the
submittal requirements for both site plan approval and preliminary plat
approval to require identification of use of any multiple family building as
either owner-occupied or rental. Staff would in turn identify the ownership
status in the staff report
2. Examine the impact of ownership status on parking (is more parking need for
rental units?) Changes to the parking ordinances are not recommended;
staff has monitored parking at a number of multiple family/apartment
complexes throughout the city. It appears as if in some older buildings,
parking did not meet current standards and in other buildings, there is
enough parking, yet residents choose to park on street.
Minutes of the Regular Meeting of November 15, 2004
Page 4 of 5
3. Ensure long-term maintenance of common facilities and buildings. Staff
recommends amending both site plan and preliminary plat requirements to
include language establishing an association or covenants to ensure long-
term maintenance of common facilities. Staff has included this language as
a condition for all multiple family approvals in the last 2-3 years.
Council member Yandrasits questioned how requiring identification of ownership
status is different than what is currently done. Hinzman stated that the City is limited in the
amount of power it has to actually control ownership status.
Councilmember Moratzka stated a desire to have the applicant on record as to the
type of ownership status that is being proposed.
There was discussion over association membership and parking requirements.
Mayor Werner suggested that parking should be reviewed during the winter months.
Request for Certificate of Satisfaction-Millard Avenue, Inc.
HRA Director Grossman stated that Ed Rymer of Millard Avenue, Inc. is requesting
job credit for payroll paid to staffing agencies which provide workers for them. In the past,
the city has used the last four quarters of a business' MDES reports to document the
amount of wages paid. This request varies from past practice. Grossman stated that an
attorney who provides the City and HRA with business subsidy advice has said that this is
a policy issue to be decided by the Council. The Minnesota Department of Employment
and Economic Development counts agency employees to meet job criteria for their
economic development programs. Staff recommends that the policy be modified to accept
payroll which is paid to staffing agencies be counted for a business' payroll credit
requirement before approving the certificate.
There was discussion on the number and status of the jobs created and whether a
staffing agency can be used to give payroll credit. Grossman stated that Millard Ave., Inc.
has created the 20 jobs as required by the business subsidy law.
Moved by Councilmember Hicks, seconded by Councilmember Hazlet to approve
the request for certificate of satisfaction as requested.
Roll Call Vote was taken.
Ayes: Councilmembers Hazlet, Hicks, and Mayor Werner
Nays: Councilmembers Moratzka, Riveness, Schultz, and Yandrasits
Motion fails.
Resolution-Final Plat #2004-61: Wallin 12th Addition
Council member Schultz questioned who is responsible for the maintenance of the
pond. Planning Director Hinzman stated that homeowner's associations are responsible.
Moved by Council member Schultz, seconded by Councilmember Yandrasits to
approve the resolution as presented.
7 Ayes; Nays, none.
Copy of resolution on file.
Request Waiver of City Fees for YMCA Project
City Administrator Osberg requested approval to waive City fees associated with
construction with the YMCA. Those fees include park dedication, WAC, SAC, platting, etc.
They do not include fees that are due another agency, such as Metropolitan Council.
Minutes of the Regular Meeting of November 15. 2004 Page 5 of 5
Moved by Council member Riveness, seconded by Councilmember Hazlet to
approve the waiver of fees as requested.
7 Ayes; Nays, none.
Assignment of Different Job Title for Administrative Assistant/City Clerk
City Administrator Osberg requested consideration of changing the title of
Administrative AssistanUCity Clerk to Assistant City Administrator, which is more consistent
with the jobs duties.
Moved by Councilmember Schultz, seconded by Councilmember Moratzka to
approve the job title change as requested.
7 Ayes; Nays, none.
Comments from Audience:
Jackie Boler, 402 West yth Street, invited the public to the HPC meeting on Tuesday,
November 16 at 7:00 p.m.
Ed Rymer, owner of Millard Avenue, Inc., attempted to explain the purpose behind the use
of a staffing agency.
Moved by Council member Yandrasits, seconded by Councilmember Moratzka to
recommend that this issue be referred to a committee for further discussion.
7 Ayes; Nays, none.
Michael St. John, 308 9th Street West, requested assistance from the City regarding
littering and parking in front of his house during football games.
Harry Borg, Cottage Grove, questioned the City's role in providing information and
neighborhood meetings regarding City projects. Public Works Director Montgomery stated
that information is distributed weekly to the neighborhoods in special mailboxes and the
information is posted on the City's website.
Closed Door Session-Lawrence Builders vs. City of Hastings
Mayor Werner adjourned the open door meeting at 8: 17 p.m.
Mayor Werner convened the closed door meeting at 8:23 p.m.
Mayor Werner adjourned the closed door meeting at 9:38 p.m.
Mayor Werner reconvened the open door meeting at 9:38 p.m.
Adjournment
Moved by Councilmember Schultz;
adjourn the meeting at 9:38 p.m.
6 Ayes; Nays, None.
seconded by Council member Riveness to
ATTES~~
City Clerk
Mayor