HomeMy WebLinkAbout03-17-97 Hastings,Minnesota
March 17, 1997
The City Council of the City of Hastings, Minnesota met in a regular meeting on Monday,
March 17, 1997 at 7:00 p.m. in the City Hall Council Chambers, 101 4th Street East, Hastings,
Minnesota.
U.S. Coast Guard Presentation to Fire Department
U.S. Coast Guard presentation to Fire Department. A video tape of the Elizabeth
Beesecker boat fire prepared by the U.S. Coast Guard was played. Lieutenant Robert McFarland
of the Marine Safety Detachment Division of the U.S. Coast Guard presented a public service
accommodation award to Mayor Werner on behalf of the City of Hastings for the outstanding fire
suppression techniques used to combat the fire on the Elizabeth Beesecker boat. Mayor Werner
thanked all City Departments in addition to the Fire Department for working together to
effectively handle the situation. Fire Chief Don Latch;Mark Holmes, Assistant Chief, and the
Full-time and Volunteer Fire Fighters were present for acceptance of the award.
Members Present: Councilmember Johnson, Yandrasits, Riveness, Hicks, Moratzka
and Mayor Werner
Members Absent: Councilmember Simacek
Staff Members Present: Dave Osberg, City Administrator;
Mike Wozniak, Community Development Director;
Tom Montgomery, Public Works Director;
Dave Gurney, City Engineer;
Don Latch, Fire Chief,
Joyce Pruitt, Administrative Assistant/City Clerk;
and Shawn Moynihan, City Attorney
I� Approval of Minutes
l Mayor Werner asked whether there were any corrections or additions to the minutes of
the regular meeting of March 3, 1997 and the Special Meeting for March 10, 1997, and hearing
none, declared them approved as presented.
Consent Agenda
Moved by Councilmember Hicks, seconded by Councilmember Riveness to approve the
Consent Agenda as presented.
1. Pay all bills as audited
2. Hastings Theater Annual Renewal of a Show License
3. Resolution No. 3-6-97 Proclamation of National Arbor Day for Saturday, April
26, 1997
4. Landscaping and Fencing Agreement - CR#42 Bike Trail
5. Resolution No. 3-7-97 One Hour Parking, Hiawatha Medical property
6. Resolution No. 3-8-97 Ordering Public Hearing, King Midas Addition
improvements
7. Accept Proposal-Hydropower Facility Dam Safety Inspection
8. Authorization to purchase pumps- Southwest Ponding Basin Project
9. Change Order No. 1 -Well No. 8
10. City Administrator Performance Evaluation
11. Fire Department Request for Proposals- Traffic Signal Preemption
i'
6 Ayes;Nays, None.
Public Hearing- 1997 Improvement Program
Mayor Werner opened the public hearing for comments on the 1997 Improvement
Program at 7:23 p.m. Director of Public Works Tom Montgomery provided an introduction on
this item noting that the proposed improvements included 12th Street from Eddy Street to Pine
Street; Eddy Street from Highway 55 to 13th Street; Ashland Street from 1 lth Street to 12th
Street; and Maple Street from 9th Street to 12th Street. He explained the total project cost would
be $1,047,509.45. Don Hunecke, of 411 West 1 lth Street voiced his opposition to the sidewalk
proposed for Ashland Street and noted he was concerned about the loss of parking in his
Hastings City Council Minutes for March 17, 1997 Regular Meeting Page 2 of 5
driveway and stated that he did not want his driveway to become any steeper. A petition opposing
the sidewalk proposed for the 1997 Improvement Projects was entered into the record.
Dale Wiech, of 1226 Eddy Street expressed his opposition to the project on Eddy Street
as he believes Midtown Center has caused the street and drainage problems and therefore,
Midtown should pay the entire cost of rebuilding the street. William Fritsch, of 1204 Oak Street,
stated he was opposed to the project and wanted the entire project scaled back to only include
upgrades for sanitary, sewer, and street improvements only. Marc Tolvay, of 1120 Ashland
Street, stated he was opposed to the sidewalk on 12th Street and on Ashland Street. He
expressed concern about the total assessment amount and whether he would be able to meet his �--'
higher mortgage payment and questioned whether he would be able to maintain 200 feet of
sidewalk. He stated that he would like to see the project downsized. Mary Fox of 1203 Spring
Street, expressed her support for a sidewalk on 12th Street to improve the safety conditions for
children walking to and from school. Michael Jenson, 1113 Walnut, stated he was opposed to
the walk on 12th Street due to the walk construction necessitating removal of a thick row of trees
that provide screening for his backyard. He expressed concern over the cost of the project and
that no one would use the walk as there is no walking traffic currently on 12th Street now.
Patricia Sherry, of 1123 Maple Street, stated that the sidewalk would cause loss of parking in
front of her garage and that it was unneeded as students currently all use 11th Street, and
therefore would not utilize a walk on 12th Street. Sylvia Duray of 701 West 11th Street, stated
that she was opposed to the project on Maple Street as it was too expensive and she could not
afford the assessments. She also added that she owns a corner lot and would face similar
assessments on 11th Street in the near future. She encouraged the Council to determine traffic
needs associated with the pool issue now in order to avoid costly assessments again in the future.
Director of Public Works Tom Montgomery explained the Citys' corner lot assessment policy.
Jim Kuhn, of 418 West 12th Street, noted his opposition to the walk on 12th Street and expressed
concern that the sidewalks would not be utilized by the children. Sheryl Pavelka of 521 Walnut,
expressed her opposition to a retaining wall and to the sidewalk proposal on the south side of
12th Street as the yards are so sloped in that area. Allen Kitt of 506 West 12th Street, discussed
his concerns of the loss of existing shade trees due to the installation of the proposed sidewalk.
Mayor Werner requested if there was any additional comment and hearing none, closed
the public hearing at 8:01 p.m.
Project No. 1997-1
Moved by Councilmember Yandrasits, seconded by Councilmember Hicks to approve a
Resolution ordering the improvement and approving the plans for Project No. 1997-1.
Councilmember Riveness made comments opposing construction of a sidewalk along 12th
Street. Councilmember Yandrasits stated although she understood the loss of parking, costs and
trees were a concern to residents, her primary concern and advocacy for the sidewalks related to
child safety.
Moved by Councilmember Riveness, seconded by Councilmember Hicks to amend the
previous motion by eliminating the 12th Street sidewalk from Project 1997-1. 5 Ayes;Nays,
Yandrasits.
Roll call vote to consider ordering the improvement and approving the plans for Project
1997-1, with the elimination of the 12th Street sidewalk installation for Project 1997-1.
Ayes: Hicks, Werner, Johnson, Riveness
Nays: Moratzka, Yandrasits
The original motion, as amended for project 1997-1, failed due to a lack of the required 4/5 -
majority vote of the entire City Council.
Moved by Councilmember Moratzka, seconded by Councilmember Hicks to reconsider
the previous motion to approve a Resolution ordering the improvement and approving the plans -
for Project No. 1997-1 with the elimination of the 12th Street sidewalk.
6 Ayes;Nays,None.
Council discussion on the number of lots affected by the 12th Street sidewalk proposal
ensued.
41 ww<1. r. •. •a;x.14.:a.. 3i... s
Hastings City Council Minutes for March 17, 1997 Regular Meeting Page 3 of 5
Roll call vote to consider ordering the improvement and approving the plans for Project
1997-1, with the elimination of the 12th Street sidewalk installation for Project 1997-1.
Ayes: Werner, Johnson, Riveness, Moratzka, Hicks
Nays: Yandrasits
The original motion, as amended, for Project 1997-1, failed due to a lack of the required 4/5
majority vote of the entire City Council.
A recess was taken from 8:20 p.m. to 8:25 p.m.
Public Hearing Project No. 1997-2
Mayor Werner opened the public hearing to receive comments on Project No. 1997-2 at
8:25 p.m. Director of Public Works Tom Montgomery introduced the item explaining that the
Featherstone Hill improvements included Featherstone Road (1st Street) from Pleasant Drive to
the City boundary jog at the top of the hill, and Whispering Lane from Featherstone Road to
Williams Addition. The total project cost Mr. Montgomery stated was projected at $428,480.40.
Mike Solac representing the Solacs of 1403 Featherstone Road, stated opposition to the road
construction prior to a completed development plan.
Mayor Werner asked if there were any other public comments and hearing none closed the
public hearing at 8:30 p.m.
Project No. 1997-2
Moved by Councilmember Riveness, seconded by Councilmember Yandrasits, to approve
ordering the improvement and approving the plans for Project No. 1997-2, with an amendment to
award the construction project by June 1998.
6 Ayes;Nays, None.
Public Hearing- Project No. 1997-3
Mayor Werner opened the public hearing for Project No. 1997-3 at 8:32 p.m. Public
Works Director Tom Montgomery introduced this item noting that the project consisted of
improving Northridge Drive from Pleasant Drive to the west end of the Wallin 4th Addition. Mr.
Montgomery stated that the proposed project cost would be $272,535.50. Jim Florence, 414 15th
Street West representing First Baptist Church, voiced his opposition to the assessment and
condemnation proceedings. Mayor Werner asked if there were any additional comments on
Project No. 1997-3 and hearing none closed the public hearing at 8:42 p.m.
Resolution No. 3-9-97, a Resolution Ordering the improvement and approving the plans for
Project No. 1997-3
Moved by Councilmember Hicks, seconded by Councilmember Yandrasits to approve
Resolution No. 3-9-97 a Resolution ordering the improvement and approving the plans for
Project No. 1997-3.
6 Ayes;Nays, None.
Public Hearing- Project No. 1997-4
Mayor Werner opened the public hearing at 8:42 p.m. to receive comments on Project No.
1997-4, Bohlken Estates 5th Addition improvements. Mayor Werner asked if there was any public
comment to be received on Project No. 1997-4 and hearing none closed the public hearing at 8:43
p.m.
Resolution No. 3-10-97, a Resolution ordering the improvement and approving the plan for
Project No. 1997-4
Moved by Councilmember Johnson, seconded by Councilmember Riveness to approve
Resolution No. 3-10-97, a Resolution ordering the improvement and approving the plan for
Project No. 1997-4.
6 Ayes;Nays,None.
Public Hearing- Project No. 1997-6,Industrial Park Improvements
Mayor Werner opened the public hearing at 8:44 p.m. to receive public comment on
Project No. 1997-6, Industrial Park Improvements. Mayor Werner asked if there was any public
comment on this item and hearing none, closed the public hearing at 8:47 p.m.
Hastings City Council Minutes for March 17. 1997 Regular Meeting Page 4 of 5
Resolution No. 3-11-97 a Resolution Ordering the improvement and approving the plan for
Project No. 1997-6
Moved by Councilmember Johnson, seconded by Councilmember Riveness to approve
Resolution No. 3-11-97 a Resolution ordering the improvement and approving the plans for
Project No. 1997-6.
6 Ayes;Nays, None.
Award Bid - Street Department Pickup Truck
Public Works Director Tom Montgomery explained the request, noting that the I
Department was requesting to keep the pickup, originally budgeted for trade-in, for use with l-
summer time help. He added the cost difference would be made up from the Street Departments
equipment revolving fund.
Moved by Councilmember Riveness, seconded by Councilmember Moratzka to award the
low bid for the Street Department Pickup Truck to Hastings Ford.
6 Ayes;Nays,None.
Dedicate Remaining HRA Revolving Loan Funds to 1997 Improvements Assessment
Abatement
Staff requested this item be dropped from the Agenda, as Council action eliminated the
projects this fund would be used for.
Resolution No. 3-12-97 A Resolution of the City Council of the City of Hastings Directing
the Condemnation of Easements Needed for the Public Purposes of Widening a Public
Street and Installing Public Utilities
Moved by Councilmember Riveness, seconded by Councilmember Moratzka to approve
Resolution No. 3-12-97, a Resolution of the City Council of the City of Hastings Directing the
Condemnation of Easements Needed for the Public Purposes of Widening a Public Street and
Installing Public Utilities.
6 Ayes;Nays,None.
Authorization to Amend Street Department Budget for the Installation of Flashing
Crossing Signs
Moved by Councilmember Riveness, seconded by Councilmember Yandrasits to direct
Staff to request the Hastings School District to contribute for the expense of installing flashing
beacons on the existing 20 mile per hour school crossing signs to flash before and after school
when children are using these crossings, at 12th and Pleasant and Pine Streets.
Councilmember Riveness stated Mr. &Mrs. Mike Schommer wanted it to be known that
the crossing guards are paid personnel and not volunteers.
6 Ayes;Nays, None.
Adopt Grading Inspection Policy
Moved by Councilmember Johnson, seconded by Councilmember Hicks to adopt a policy
requiring Dakota County Soil& Conservation District to review grading and erosion control
plans for developments of 5 acres in size or greater to require developers to post a cash escrow
with the City in the amount of 125% of the estimated review and inspection costs prior to the City
issuing a grading permit, and require Dakota County Soil&Water Conservation District
inspection of these grading sites.
6 Ayes;Nays, None. (�
Public Hearing-Wallin 5th Addition-Rezone
Mayor Werner opened the public hearing for the rezoning of the Wallin 5th Addition at �)
8:59 p.m. Mayor Werner asked if there was public comment on this item and hearing none closed
the public hearing at 9:01 p.m.
Ordinance No. 402, an Ordinance to Rezone Wallin 5th Addition
Moved by Councilmember Hicks, seconded by Councilmember Johnson, to approve
Ordinance No. 402, an Ordinance to rezone Wallin 5th Addition from Ag(Agriculture)to R-1
(Single Family Residence).
6 Ayes;Nays, None.
Hastines City Council Minutes for March 17, 1997 Reaular Meetine Page 5 of 5
Public Hearing-Wallin 6th Addition- Rezone
Mayor Werner opened the public hearing for the rezoning of Wallin 6th Addition at 9:01
p.m. Mayor Werner asked if there was any public comments on this item and hearing none closed
the public hearing at 9:03 p.m.
Rezone-Wallin 6th Addition
Moved by Councilmember Johnson, seconded by Councilmember Yandrasits to table
consideration of rezoning of the Wallin 6th Addition until Metropolitan Council has reviewed the
Comprehensive Plan amendment to include the subject property in the Municipal Urban Service
Area(MUSA) and reclassify the land use designation of said property from Rural to Urban
Residential I (U-I)based on the following finding that according to a 1994 amendment to the
Metropolitan Planning Act, no local official control such as zoning ordinance may be amended
(after August 1, 1995) in conflict with the community's Comprehensive Plan.
6 Ayes;Nays, None.
Public Hearing- Vacate Spiral Court R-O-W and easements
Mayor Werner opened the public hearing to receive comments on the proposed Spiral
Court R-O-W and easements at 9:03 p.m. Community Development Director Mike Wozniak
explained the request before Council. Mayor Werner asked if anyone wished to speak on the
issue, no one wished to do so. The Mayor closed the public hearing at 9:05 p.m.
Resolution No. 3-13-97, a Resolution Vacating the Spiral Court Right-of-Way and
Abutting Drainage and Utility Easements
Moved by Councilmember Hicks, seconded by Councilmember Riveness, to approve
Resolution No. 3-13-97, a Resolution vacating the Spiral Court Right-of-Way and Abutting
Drainage and Utility Easements.
6 Ayes;Nays,None.
Boat Harbor Lease Agreement
City Administrator Dave Osberg introduced this item. Terry Plan, the boat harbor leasee,
noted he was in agreement with all of Mr. Osberg's proposed amendments to the Boat Harbor
Lease.
Moved by Councilmember Hicks, seconded by Councilmember Moratzka to approve the
Boat Harbor Lease with the following amendments:
• All property would be required to be removed from the property within 120 (previously
90) days after the termination date of the lease.
0 The termination date was changed to February 1.
6 Ayes;Nays,None.
Comments From Audience
Paul Truax of First Baptist Church requested clarification on the assessment
determination. Mayor Werner explained the assessment determination amount has not been
established nor acted upon.
Terri Cavalier of 1107 Lyn Way, expressed her concern of overflow parking from the
high school onto residential streets. Staff was directed to meet with School officials to clarify
and establish solutions to address the overflow parking problem.
r-
Unfinished Business
Councilmember Moratzka advised the Citizens Swimming Pool Committee has been
rescheduled for April 7, 1997.
Adjournment
Moved by Councilmember Hicks, seconded by Councilmember Riveness to adjourn the
regular Council meeting at 9:44 p.m.
6 Ayes;Nays, None.
ATTEST
Mayor 6ty Clerk