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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