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Home My WebLink About10-17-05 Hastings, Minnesota City Council Minutes October 17, 2005 The City Council of the City of Hastings, Minnesota met in a regular meeting on Monday, October 17, 2005 at 7:00 p.m. in the Council Chambers at the Hastings City Hall, 101 East 4th Street, Hastings, Minnesota. Memben Present: Mayor Werner, Councilmembers Alongi, Hazlet, Hicks, Riveness, and Moratzka Memben Absent: Councilmember Schultz StatT Memben Present: City Attorney Shawn Moynihan Assistant City Administrator Melanie Mesko Lee Planning Director John Hinzman HRA Director John Grossman Finance Director Char Stark Approval of Minutes: Mayor Werner asked if there were any corrections or additions to the minutes of the regular meeting of Monday, October 3,2005. Hearing none, the minutes were approved as presented. Consent Agenda Moved by Councilmember Hicks, seconded by Councilmember Riveness to approve the Consent Agenda as presented. 1. 2. 3. 4. 5. 6. 7. 8. 9. Pay Bills as Audited Resolution-Approve 2005 Amusement Licenses Order Public Hearing - Wal-Mart Currency Exchange License Travel Policy for Elected Officials Traveling out of the State of Minnesota Proclamation-November 15, 2005 as Ebba Hoffman Day Order Supplemental Public Hearing for 2003 Improvements Resolution-Approve Exempt Gambling Permit for the Hastings Hockey Association Approve Code Enforcement Education Attendance Resolution-Setting Assessment and Ordering Public Hearing for 2004 Improvement Projects Pay Estimate #3-Project 2005-1: Dakota Hills ($391,615.35) Pay Estimate #3-Project 2005-2 Zweber Lane: Pember Companies ($25,117.88) Pay Estimate #1-Project 2005-3 South Frontage Road: Max Steininger, Inc. ($129,986.00) if....... Pay Estimate-Project 2003-2 RiverwoodlSouth Oaks: Contractor's Edge ,459.40) . . orize Publication for Planning Commission Vacancies q,clare as Excess Property-Decorative Deer at LeDuc Mansion Approve 2005 Budget Adjustment for IT Department Approve Fund Closing and Transfer of Excess Funds 10. 11. 12. 13. 14. 15. 16. 17. City o,lI8ItInp City Council Minutes October 17, 2005 PIge20f5 18. Approve Agreement for Quiet Zone Study 19. Approve Agreement for Parle Design Services 20. Approve Employee Identification Badge Policy 21. Pay Estimate-HF AC Coping Stone Replacement: Kinematics, Inc. ($25,962.50) 22. Fire Department Consulting Services Proposal 6 Ayes, Nays, None. Copy of resolutions on file. Public Hearing-Ordinance Amendment #2005-44: Sign Ordinance Mayor Werner opened the public hearing at 7:01 p.m. Planning Director Hinzman stated that the proposed changes will clarify the length of time temporary banners and signs may be displayed, allow projecting signs as a permitted use in certain districts, and some housekeeping items to eliminate repetition and ensure proper references are included in the ordinance. Hearing no further comments, Mayor Werner closed the public hearing at 7:03 p.m. Second ReadinglOrdinance Amendment-Ordinance Amendment #2005-44: Sign Ordinance There was discussion over defining the length of time that is meant by the term "temporary". This was decided to mean a total of90 days during any twelve month period. Moved by Councilmember Hicks, seconded by Councilmember Hazlet to approve the sign ordinance as amended. 6 Ayes, Nays, None. Copy of ordinance on file. Public Hearing-Ordinance Amendment: Utility Billing Mayor Werner opened the public hearing at 7:08 p.m. Finance Director Stark stated that staff is recommending that the City Code be amended to require that property owners are billed for utility bills. Current practice allows for renters to be billed; if they leave a unit with an unpaid bill, the City has then tried to collect the bill from the property owner. The law is unclear whether this is legal or not, and the League of Minnesota Cities recommends the change that is being proposed. Kathy Pinker, who owns rental property, asked why the City could not just require a deposit to cover the cost if someone leaves without paying their bill. Donald Housberg, 316 West 4th Street, opposed the change. Don Benzick, who owns rental property, opposed the change, stating that the new language essentially removes responsibility from the renter. Dan Rooney, who owns rental property, requested that the billing be broken down per unit, which would require individual meters per unit. Mr. Rooney stated that he would not want to pay for that, and that the problem of renters skipping out on their bills is the City's problem, not a property owner's problem. Danette Allman, who owns rental property, asked when the ordinance amendment would become effective, in that she has leases that do not expire until late in 2006. This City o,lI8ItiDp City CowcD Minutes October 17, 2005 PIge30f5 change would be a hardship, without being able to negotiate this change into a lease agreement. Mike Darcy, who owns rental property, stated that the City has more authority to collect from a renter than he does as a landlord. He also stated that if a renter doesn't pay their bill, it affects their credit. This change will make the property owner responsible for someone else's bill. Hearing no further comments, Mayor Werner closed the public hearing at 7:41 p.m. Second Reading/Adopt Ordinance-Utility Billing Amendment Councilmember Hicks asked how many accounts were delinquent in 2004. Finance Director Stark stated that 45 bills were delinquent, with an average value of $105.00. Hicks stated that he understands the reason behind the proposed change, but will not support it as he does not want to give landlords another reason to increase rents. Councilmember Moratzka stated that other utilities can refuse service for delinquent clients who move throughout the metro area; the City does not have the ability to do that. She also noted that the costs given by Finance Director Stark are only the utility bills themselves and do not include the staff time associated with the bills. Council member Alongi requested that the change be phased in, to allow property owners time to negotiate these changes into rental agreements. Moved by Councilmember Riveness, seconded by Councilmember Alongi to approve the change as presented, with an implementation date of no earlier than October 17, 2006. 5 Ayes, Nays, one; Councilmember Hicks voting against. Copy of resolution on file. Public Hearing-Business Subsidy for Midwest Products Mayor Werner opened the public hearing at 7:55 p.m. HRA Director Grossman stated that Midwest Products has requested a business subsidy in compliance with the criteria established by the City Council. A public hearing is a required part of the application and approval process. Hearing no further comment, Mayor Werner closed the public hearing at 7:57 p.m. Resolution-Variance #2005-65: Sideyard Setback at 504 3M Street West (James Lehmann) Hinzman stated that the Planning Commission and staff recommend approval of a 6 foot variance to the 10 foot setback requirement to construct a garage addition. Moved by Council member Hicks, seconded by Council member Hazlet to approve the variance as presented. 6 Ayes; Nays, none. Copy of resolution on file. Resolutio_Site Plan #2005-64: Rivenvood 8th Townhomes (Todd Siewert) Hinzman stated that the Planning Commission and staff recommend approval of a site plan as presented. City ofll8ltlnp City Council Minutes October 17, 2005 PIge4of5 Moved by Councilmember Riveness, seconded by Council member Alongi to approve the site plan as presented. 6 Ayes, nays, none. Copy of resolution on file. Resolution-Site Plan #2005-62: Three-Story Office Building at NW Comer of Westview Drive & South Frontage Road (Greg Stotko) Hinzman stated that the Planning Commission and staff recommend approval of a three story office building. Moved by Councilmember Alongi, seconded by Councilmember Hicks to approve the site plan as presented. 6 Ayes, nays, none. Copy of resolution on file. Appeal of Historic Preservation Commission Decision at 312 East Fourth Street HRA Director Grossman stated that Thomas Bates, 312 East 4th Street, has appealed the HPC's decision regarding proposed alterations to his property. There are three different issues to be acted upon as part of the appeal: · Mr. Bates applied to use Decra shingles and was denied, based on the finding that the steel shingles do not look like either wood or asphalt shingles. In his appeal, Mr. Bates mentions a second choice-a standing seam metal roof This option was not considered by theHPC. Therefore, he would need to make application to the HPC first on the metal roof · The HPC denied the proposal for three skylights on each side of the roof, based on the finding that the proposal was not consistent with the intent of the guidelines, which state, "skylights should not be installed on the front roof plane." As the peak of the roofis perpendicular to the street, there are no front or back roof planes. Additionally, the original proposal is for 21 inch by 38 inch skylights; should the size change, the applicant should make a new application to the HPC. · Chimney-there was no action by the HPC on the chimney; relocation was suggested by the HPC and the applicant now seems willing to do so. However, the owner must make application to that effect. Mr. Bates was present. He stated that the skylights would not be visible from the street, and that the roof materials proposed are very sturdy. Mr. Bates stated that he is trying to maximize the use of aI, 000 square foot house. HRA Director Grossman noted that, if the requests by Mr. Bates are different than what was submitted to the HPC, Mr. Bates should go back to the HPC with his proposals. Moved by Councilmember Riveness, seconded by Councilmember Alongi to reaffrrm the HPC's recommendation and refer Mr. Bates back to the HPC with any revised requests. 6 Ayes; Nays, none. Reports from Councilmemben Mayor Werner thanked those who participated in the Blessed Hastings Service at the high school on October 9. The multi-denominational service raised $10,000 for the City ofHudDgs City Council Minutes October 17, 2005 Page S ofS Mayor's Fund Scholarship. Mayor Werner stated that the money will be used to benefit youth programs. Adjournment Moved by Councilmember Riveness, seconded by Council member Alongi to adjourn the meeting at 8:39 p.m. 6 Ayes, Nays, None. ~ Michael D. Werner Mayor ~ Melanie Mesko Lee City Clerk