HomeMy WebLinkAbout12-15-97 Hastings,Minnesota
December 15, 1997
The City Council of the City of Hastings, Minnesota met in a regular meeting on Monday,
December 15, 1997, at 7:00 p.m. in the City Hall Council Chambers, 101 4th Street East, Hastings,
Minnesota.
Members Present: Councilmember Yandrasits, Riveness, Johnson, Simacek, Hicks, Moratzka&
Mayor Werner
Members Absent: None
Staff Members Present: Dave Osberg, City Administrator;
Mike Wozniak, Community Development Director;
Nick Wasylik, Police Chief;
Matt Weiland, Zoning Administrator;
Marty McNamara, Parks &Recreation Director;
Mark Holmes,Assistant Fire Chief,
Joyce Pruitt, Administrative Assistant/City Clerk;
and Shawn Moynihan, City Attorney
Approval of Minutes
Mayor Werner asked whether there were any corrections or additions to the minutes of the
regular meeting of December 2, 1997, and hearing none, approved the minutes as presented.
Additions to the Agenda
Moved by Councilmember Hicks, seconded by Councilmember Simacek, to add a nuisance
complaint, 802 7th Street(Dave Nogle Garage), as#7 under Community Development Director, and
r-- the Police Officer appointment of Larry Evans as#21 under Consent Agenda. 7 Ayes;Nays,None.
Consent Agenda
Moved by Councilmember Riveness, seconded by Councilmember Hicks, to approve the
consent agenda as presented.
1. Pay all bills as audited
2. Outdoor Pool Consultant Contract-Gremmer&Associates
3. Acceptance of Snowmobile Donation from Hastings SnoMo's to Fire Department
4. 1998 Massage Therapy Establishment-Therapist License Renewals
5. Commission Reappointments
6. Resolution No. 12-05-97-Application for Gambling Premises Permit-Hastings Downtown
Mosquito Festival-at American Legion located at 50 Sibley Street
7. Proposal for Animal Control Services
8. Resolution No. 12-06-97-Charitable Gambling Premise Permit Application-Celebrity Bowl
Charities Inc. At Buccaneer Bowl
9. Issuance of Off-Sale 3.2%Beer Licenses for Speedway/Super America LLC at SuperAmerica
#4539 & #4486
10. Pay Estimate#7, 1997 Improvement Program, Richard Knutson, Inc., $45,634.57
11. Pay Estimate#6, Well#8, Keys Well Drilling, $8,740.30
12. 1998 Non-Union Employee Compensation Schedule
13. Public Works Department Budget Transfer Requests
14. Resolution No. 12-07-97-Approve Opening of a New Bank for Health Insurance Contracts and
Approve Authorized Signers
15. Approve Arena Pay Application#7 for$397,031.68 as follows:
Graus Contracting $12,610.95
Kellington Construction, Inc. 7,552.50
Fabcon, Inc. 158,848.55
Listul Industries 113,868.90
Bredemus Hardware Co., Inc. 11,210.00
Swanson Plumbing & Heating, Inc. 10,247.04
Miller Electric 16,150.00
Gartner Refrigeration& Mfg., Inc. 59,375.00
Birkeland Architects 7,168.74
Hastings City Council Minutes for Regular Meeting of December 15, 1997 Page 2 of 5
16. 1 st Reading/Order Public Hearing for January 5, 1998, to Repeal the Requirement to List the
City as an Additional Insured on Liquor Liability Insurance
17. Resolution No. 12-08-97-Approve 1998 City Property Tax Levy
18. Resolution No. 12-09-97-Approve 1998 City Budget
19. Resolution No. 12-10-97-Approve 1998 City HRA Property Tax Levy
20. Resolution No. 12-11-97-Community Development Block Grant Program
21. Appointment of Larry Evans as Police Officer
7 Ayes;Nays,None. 1-7
Public Hearing-Amendment to City Code Chapter 2, Regarding the Board of Design Control
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Mayor Werner opened the Public Hearing at 7:03 p.m. and asked if there were any comments
on the proposed Ordinance regarding the Board of Design Control,and hearing none closed the public
hearing at 7:04 p.m.
2nd/Final Reading-Ordinance No.422,Amendment to City Code Chapter 2,Regarding the Board
of Design Control
Moved by Councilmember Yandrasits, seconded by Councilmember Riveness, to approve the
2nd/Final Reading of Ordinance No. 422,amending Chapter 2, Section 2.05 of the Hastings City Code
regarding Board of Design Control. 7 Ayes;Nays,None.
Public Hearing-Ordinance No. 421, Amendment to City Code Chapter 4, Regarding Special
Requirements for Moving Buildings
Mayor Werner opened the Public Hearing at 7:05 p.m. and asked if there were any comments
on the proposed Ordinance regarding special requirements for moving buildings, and hearing none
closed the public hearing at 7:07 p.m.
2nd/Final Reading-Ordinance No. 421, an Amendment to City Code Chapter 4, Regarding
Special Requirements for Moving Buildings
Moved by Councilmember Simacek, seconded by Councilmember Yandrasits,to approve the
2nd/Final Reading of Ordinance No. 421, an Ordinance amending Chapter 4.02 of the Hastings City
Code regarding special requirements for moving buildings,and including a requirement that the exterior �-
of the home and all required landscaping of the project be completed within six months from when the
house and accessory garage are moved onto the premises,within the Ordinance. 7 Ayes; Nays,None.
Public Hearing-Residential Solid Waste Collection Rates
Mayor Werner opened the Public Hearing at 7:08 p.m. and asked if there were any comments
on the proposed residential solid waste collection rates, and hearing none closed the public hearing at
7:09 p.m.
Resolution No. 12-12-97-Setting Residential Solid Waste Collection Rates
Moved by Councilmember Hicks,seconded by Councilmember Simacek,to approve Resolution
No. 12-12-97,a resolution setting the rates for residential solid waste collection in the City of Hastings.
7 Ayes;Nays,None. Copy of resolution on file.
Public Hearing-Ordinance No.423,Amendment to City Code Chapter 17(Structure Maintenance
Code for Rental Residential Properties)
Mayor Werner opened the Public Hearing at 7:10 p.m. Mike Wozniak, Community
Development Director, introduced the item and responded to questions raised by Council at the
December 2, 1997 City Council meeting. Mr. Wozniak responded to the inquiry regarding liability
exposure due to licensing, by stating, other cities have not experienced any negative consequences in
regards to administering housing codes. Mr. Wozniak clarified that if a unit is owned, it would not be LJ
treated as a rental unit,however, if a single family home, manufactured home or rental establishment
was rented,then the properties would be inspected. Ralph Wagner, 9345 160th Street East, requested
Council delete the licensing requirement due to his concerns with increased costs,the impacts on those
with low and fixed incomes,the impact on the relationships between the renter, landlord and the City,
and liability concerns for the City for rental inspections. Vernon Thelen, 2212 Westview Drive,
expressed concerns with four-plex license fees. Jim O'Connor, 110 River Street,thanked the Council
for their efforts with the ordinance,and inquired whether there was a demonstrated need for a licensing
program. Mr. O'Connor suggested Council inspections only for older units, and elimination of single
family homes, Regina apartments, duplexes,mobile homes, and new apartments built within twenty-
five years from inspections. Mr. O'Connor suggested inspections every three years versus annual
inspections.
Hastings Cite Council Minutes for Regular Meeting of December 15, 1997 Page 3 of 5
Mr. Vernon Thelen raised the issue of inspectof kcess'into tenant occupied rental units without tenant
permission. Councilmember Riveness indicated Ms. Sue Schnarr of MidContinent Management
Company, had contacted him stating the proposed license rental fee rates are too high and should be
reconsidered. Mayor Werner asked if there were any additional comments on the proposed ordinance
amending City Code Chapter 17 (Structure Maintenance Code for Rental Residential Properties), and
hearing none, closed the public hearing at 7:43 p.m.
2nd/Final Reading-Ordinance No. 423, an Amendment to City Code Chapter 17 (Structure
Maintenance Code for Rental Residential Properties)
Moved by Councilmember Simacek, seconded by Councilmember Moratzka, to approve the
2nd/Final Reading of Ordinance No. 423, an Ordinance amending Chapter 17, of the Hastings City
Code regarding structure maintenance code for rental residential properties, and forward the resolution
establishing license fees to the Planning Committee for further consideration. 6 Ayes; Nays, 1,
Riveness.
Special Use Permit-Tech One Automotive-2127 Vermillion Street(Magic Carwash)
The applicant, Rick King, indicated he did not anticipate having more than 5 vehicles stored
outside on the site.
Moved by Councilmember Yandrasits, seconded by Councilmember Johnson, to approve a
special use permit to allow automobile repair and car detailing subject to the following conditions:
1. The applicant must get the necessary building permits to convert the carwash into a repair shop.
2. The applicant shall make sure the building and site comply with the requirements of the
property maintenance code.
3. No vehicles may be parked on the Vermillion-side of the property.
7 Ayes;Nays,None.
(--- Variance-509 6th Street
Moved by Councilmember Simacek, seconded by Councilmember Riveness,to approve a 2.8
foot front yard setback variance and a variance to Chapter 10, Section 10.06, Subdivision 4 non-
conforming structures based on the finding that the applicant has satisfied the variance criteria as
follows:
A. That special conditions and circumstances exist which are peculiar to the land, structure or
building involved in 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
enjoyed 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 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.
Riverwood Planned Residential Plan
Neil Siewert,on behalf of the applicant,Advanced Homes of Hastings, clarified the first swale
crossing, located on 31 st Street, will be paid in full by the Developer. He added, the second swale
crossing would only be developed at such time when properties to the east are developed. Dan Tillson,
Planner for the Developer, stated he supports the crossings.
Moved by Councilmember Moratzka, seconded by Councilmember Simacek, to approve the
Riverwood PRD (General Plan of Development) subject to the following conditions:
1. That$200,000 of the costs associated with the constructing two crossings of a major drainage
swale situated along the east boundary of the Riverwood Development be paid by the
Developer; and
2. That the Developer may spread payment of the$200,000 costs for the swale crossings by paying
a fee at the time of building permit application for each unit ($386.00/unit if final plans
included 517 units); and
3. That the Riverwood General Plan of Development be modified such that a street connection is
made between South Point Drive and 31 st Street unless prior to construction of that portion of
the site that the City Council determines that such a street connection is unfeasible or
undesirable; and
Hastings City Council Minutes for Regular Meeting of December 15 1997 Page 4 of 5
4. That the phasing plan for the Riverwood Development be modified such that the first phase of
development of the balance of the Riverwood property should include the two that a street
connection is made between South Point Drive and 31 st Street unless prior to construction of
that portion of the site that the City Council determines that such a street connection is
unfeasible or undesirable northern most apartment sites (102 units) and at> 84 units of single
family,twinhomes and town homes situated at the southwest corner of the site.
5. That no development beyond the first phase(referencing condition#4) shall be permitted until -�
the following occur:
a. 31st Street is constructed to connect to where it currently terminates in the Sieben's 3rd
Addition; and
b. Development plans are modified to include a street connection between South Point
Drive and 31 st Street unless the City Council determines that such a street connection
is unfeasible or undesirable.
6. That the developer enters into a Development Agreement with the City to memorialize City
requirements related to the Riverwood PRD Plan(General Plan of Development)as a condition
of approval of the Riverwood 7th Addition Preliminary Plat.
7. That if either or both of the swale crossings are constructed by the City prior to payment of
$200,000 by the developer that the developer shall waive the right of appeal to assessments of
the balance of that amount against the balance of undeveloped property in the Riverwood
Development.
5 Ayes;Nays, Mayor Werner and Councilmember Hicks
Mayor Werner stated he was opposed to the request because he disagreed with assessing
potential development costs against property that can not be assessed.
Nuisance Complaint-802 7th Street(Dave Nogle Garage)
Moved by Councilmember Simacek, seconded by Councilmember Riveness, to approve an
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extension on the building permit until May 15th with a$2,000 bond escrow account and a confession
of judgement by the applicant in the event the building is not properly located by May 15, 1998. 7 J
Ayes;Nays,None.
Resolution No. 12-13-97-Firefighter Pension Programs
Moved by Councilmember Hicks, seconded by Councilmember Moratzka, to approve
Resolution No. 12-13-97 a Resolution regarding an amendment to the Fire Relief Association By-Laws
and the impacts on the Fire Relief Association Pension and the Public Employers Retirement
Association(PERA)Pension Program. 6 Ayes;Nays, 1 Johnson
Residential Solid Waste Collection Agreement
Moved by Councilmember Hicks, seconded by Councilmember Riveness, to approve an
Agreement with Waste Management-Hastings for Residential Solid Waste Collection in the City of
Hastings and that the license be continued for an additional three years, January 1, 1998 through
December 31, 2000. Councilmember Riveness specified customers will receive free recycling
containers. Councilmember Hicks thanked the Operations Committee for their efforts in drafting this
agreement. 7 Ayes;Nays,None.
Building Inspection Program
Moved by Councilmember Johnson, seconded by Councilmember Yandrasits,to approve the
appointment of Alan Strand to a position of Building Inspector effective December 29, 1997; setting
the fob value for the position of Building Inspector at 68, with the same compensation schedule as the
Zoning Administrator position,which also has a value of 68; and that Mr. Strand begin at the six month
step, effective December 29, 1997,thus providing recognition for his services July 28, 1997. 7 Ayes;
Nays,None.
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Hastings City Council Minutes for Regular Meeting of December 15 1997 Page 5 of 5
December 26, 1997 City Hall Operations
Moved by Councilmember Moratzka, seconded by Councilmember Johnson, to authorize
closing City Hall on Friday, December 26, 1997 with the understanding that all employees will be
responsible for accounting for eight hours either through hours worked or approved leave, and that one
bus,with the cellular phone,will be running on December 26th,between 6 a.m. and 2 p.m. and riders
will be provided with the cellular telephone number for canceling or scheduling rides on the 26th. 7
F7 Ayes;Nays,None.
Audience Comments
There were no comments from the audience
New Business
Councilmember Moratzka requested the Planning Committee review the issue of stored vehicles
on repair shop property in addition to the rental license fee resolution.
Councilmember Johnson requested Staff report back on the issue of prohibiting wolf dogs and
other wild animals within the City.
Adjournment
Moved by Councilmember Simacek,seconded by Councilmember Hicks,to adjourn the meeting
at 9:15 p.m. 7 Ayes;Nays,None.
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ATTEST
Mayor Cit Cl rk
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