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HomeMy WebLinkAbout05-05-97 Hastings,Minnesota May 5, 1997 The City Council of the City of Hastings, Minnesota,met in a regular meeting on Monday, May 5, 1997, at 7:00 p.m. in the City Hall Council Chambers, 101 4th Street East, Hastings, Minnesota. Members Present: Councilmember Simacek, Moratzka, Hicks, Yandrasits, Riveness, Johnson and Mayor Werner Members Absent: None Staff Members Present: Dave Osberg, City Administrator; Joyce L. Pruitt, Administrative Assistant/City Clerk; Tom Montgomery,Public Works Director; Matt Weiland, Zoning Administrator; John Grossman, HRA Director; and Shawn Moynihan, City Attorney Approval of Minutes Mayor Werner asked whether there were corrections or additions to the minutes of the regular meeting of April 21, 1997, and hearing none declared them approved as presented. Additions to the Agenda Moved by Councilmember Simacek, seconded by Councilmember Johnson to add the Pleasant Valley Addition Traffic Control Item under Public Works Director No. 2. 7 Ayes;Nays, None. r-- Consent Agenda Moved by Councilmember Riveness, seconded by Councilmember Simacek to approve the Consent Agenda as presented. 1. Pay all bills as audited 2. Appointment of May Hoffman to Charter Commission 3. Renewal of Old Mill Pawn Broker/Precious Metal Dealer License 4. Childrens Safety Grant Application 5. Amend Water Department Budget-Maintenance Operator II Promotion 6. Taxi Cab License 7. Schedule Public Hearing on May 19, 1997 to Vacate Alley Between Lots 3-4 and Lots 5 & 6, Block 127, Town of Hastings 7 Ayes;Nays,None. Deletion from City Council Agenda Moved by Councilmember Johnson, seconded by Councilmember Riveness, to table VIII - B - (4) "Riverwood PRD Plan/Riverwood 7th Addition Preliminary Plat" from the agenda and reschedule the item for the May 19, 1997 City Council meeting. 7 Ayes;Nays,None. Public Hearing-Proposed Dog Waste Removal Ordinance Mayor Werner opened the Public Hearing for comments on the proposed Dog Waste Ordinance at 7:02 p.m. Lorraine Wussuo of 1101 West 2nd Street, stated she supported the ordinance but was interested in modifications of the penalties classified as misdemeanors. City Attorney Shawn Moynihan explained the misdemeanor charge was a maximum penalty that, historically, could be imposed for repeat offenders. Mayor Werner asked if there were any additional comments and hearing none, closed the public hearing at 7:04 p.m. 2nd Reading: Proposed Dog Waste Ordinance Moved by Councilmember Simacek, seconded by Councilmember Riveness to approve Ordinance No. 404 an ordinance amending City Code Section 9.21,by adding new Subdivision 18, related to the removal of dog waste from public and private property. 7 Ayes;Nays,None. Copy of ordinance on file. Minutes of Regular Council Meeting of May 5, 1997 Page 2 of 4 Public Hearing-Vacation of Drainage and Utility Easement-325 Crestview Drive Mayor Werner opened the Public Hearing for comments on the vacation for drainage and utility easement at 7:07 p.m. Mayor Werner asked if there were any comments on this item and hearing none closed the public hearing at 7:08 p.m. Resolution No. 5-2-97 A Resolution Vacating a Portion of the Drainage and Utility Easement located at 325 Crestview Drive Moved by Councilmember Simacek, seconded by Councilmember Hicks to approve Resolution No. 5-2-97 a resolution vacating a portion of the drainage and utility easement located at 325 Crestview Drive. 7 Ayes;Nays,None. Copy of resolution on file. Setback Variance-325 Crestview Drive Moved by Councilmember Moratzka, seconded by Councilmember Hicks to approve a 2 foot side yard variance based on the finding that the applicant satisfied the variance criteria as follows: A. That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures or buildings in the same district. B. The literal interpretation of the City Code would deprive the applicants of rights commonly adjoined by other properties in the same district under the terms of Chapter 10. C. That the special conditions and circumstances do not result from actions of the applicant. D. That granting the variance requested will not confer on the applicant any special privilege that is denied by Chapter 10 to other lands, structures, or buildings in the same district. No non-conforming use of neighboring lands, structures, or buildings in the same district, and no permitted or non-conforming use of lands, or buildings in other districts shall be considered grounds for the issuance of a variance. 7 Ayes;Nays,None. �--� County Road 42 Project Mayor Werner identified public hearings had been conducted on this project previously. Jim Gillis, of 1976 Nininger Road, expressed concern over a previous assessment which brought City sewer and water out to the Hoffman Farm, cost of the project, and the location of the proposed bike path. Donald Denn, of 2036 Nininger Road,questioned whether there would be an option of where water and sewer mains would be stubbed and located. Mrs. Donald Denn, of 2036 Nininger Road, stated she would like a copy of the insurance coverage used by the contractors in the project. Joe Kane, of 2020 Nininger Road, stated he was concerned over the additional assessment and the extension of a ponding basin. Tim McInnis, of 1320 Lincoln Lane, requested a 30 miles per hour speed limit along County Road 42. Director of Public Works Tom Montgomery explained that the Commissioner of Transportation establishes the speed limit along County Road 42. Councilmember Moratzka noted that the County would conduct a speed study on County Road 42 after completion of the project. Pleasant Valley Addition Traffic Control Moved by Councilmember Simacek, seconded by Councilmember Yandrasits, for authorization for Staff to post no truck signs along the Pleasant Valley Addition Development if truck traffic presents problems in the addition. 7 Ayes;Nays,None. Council directed Staff to notify home owners and place a request by Conzemius Trucking for placement of a temporary gravel drive on an unimproved street right-of-way on a future City Council agenda for consideration. Purchase Offer-Industrial Park Property- Quality One Woodworking Moved by Councilmember Hicks, seconded by Councilmember Simacek to approve authorization to sell a site in the Hastings Business and Industrial Park comprised of Lot 1 and Lot 3,Block 6,Hastings Industrial Park No. 2,to Quality One Woodwork,Inc., subject to the following conditions: 1. Payment of($5.00)to the City at the time of sale. Minutes of Regular Council Meeting of May 5 1997 Page 3 of 4 2. The purchasers shall enter into a development agreement with the City to memorialize a commitment to construct a building and site improvements valued at $500,000.00 and to have a annual payroll of$1,200,000.00 at the site within five years. 3. The purchasers shall reimburse the City for the cost of writing the development agreement. 4. The owners shall agree that they will not object if the City assesses the value of the land ($73,560) less than the $5.00 purchase price against the property. r--- 5. The owner shall enter into an agreement as required by the State of Minnesota setting job and wage goals in return for the public assistance. 6. Site plan approval by the City prior to closing. 7 Ayes;Nays,None. Rivertown Days Button Sales Councilmember Hicks requested the button sales area be clearly marked as Rivertown Committee Button Sales to separate the City from the sales. Moved by Councilmember Yandrasits, seconded by Councilmember Moratzka, to authorize the Rivertown Days Committee to require a button for individuals to enter the Jaycee/Rebecca Park area. 7 Ayes;Nays,None. 1st Reading and Schedule Public Hearing Regarding Peddlers, Solicitors and Transient Merchants Ordinance Moved by Councilmember Simacek, seconded by Councilmember Riveness to approve the 1st reading of an Ordinance establishing a new Peddlers, Solicitors and Transient Merchants Ordinance with an amendment to Subdivision 5 (h)to read"School aged children selling items for fundraisers or themselves,"and scheduling a public hearing and second reading for May 19, 1997. 7 Ayes,Nays,None. Approve Plans and Specifications and Call for Bids on Civic Arena Projects �-- Moved by Councilmember Riveness, seconded by Councilmember Yandrasits to approve i the plans and specifications and authorize the call for bids for the Civic Arena Projects. 7 Ayes; Nays,None. Petition for Property at 522 West 5th Street City Administrator Dave Osberg provided an update that the Department of Housing and Urban Development(HUD) is now the owner of the 522 West 5th Street property because the FHA guaranteed mortgage was foreclosed. He added Dakota County HRA and Hastings HRA will work together to acquire the property with the intention to sell on the condition that the owner complete substantial rehabilitation in a set amount of time. Mr. Grossman noted the siding,roofing,windows and the garage doors would need immediate attention,and with the help of improvement funds,the owner could rehab the inside of the house the remainder of the year. If rehab does not prove feasible,the building would be demolished and the lot sold. Katherine Stellick, of 510 West 5th Street,recounted her frustrations and impact on children with the previous owners of the 522 West 5th Street property. Everett Turnbull of 545 West 4th Street expressed concern over the condition of the basement and the overall structure of the house. He stated he believed the property should be torn down and is concerned over past activity at the house. Mr.Turnbull expressed he favored the City of Hastings purchasing the property,demolishing the house and selling the property to a new owner. Mike Berens, of 533 West 5th Street, expressed r- his concern over the numerous required improvements for the house and his concern that he cannot sell his home due to the condition of the 522 West 5th Street property. Thom Smith, of 6 Three Rivers Drive, stated he supported demolishing the home and would also support a study by three parties on the foundation of the structure at 522 West 5th Street. Mr. Turnbull concluded that if the home is not found to be repairable he would urge Council to demolish the home and sell the property. Minutes of Regular Council Meeting of May 5, 1997 Page 4 of 4 Authorization to Advertise for Administrative Intern and Schedule Administrative Committee Meeting Moved by Councilmember Yandrasits,seconded by Councilmember Hicks to authorize City Staff to begin the process of advertising for an Administrative Intern and request the Administrative Committee to schedule a meeting to discuss Staffing options in the Service Support Area at City Hall. 7 Ayes;Nays,None. Comments from Audience There were no comments from the audience. Unfinished Business There was no unfinished business. New Business Mayor Werner announced the City has received a donation of $500 from the Gurdy- Murtaugh Family for a picnic table for Lake Isabelle Park. Reports from City Committees, Officers, Councilmembers Councilmember Hicks praised the Council and the Mayor for receiving comments on the County Road 42 Project although public hearings had already concluded from previous meetings. Adjournment Moved by Councilmember Johnson, seconded by Councilmember Riveness to adjourn at 8:31 p.m. 7 Ayes;Nays,None. (� ATTEST Mayor CIA I AL