HomeMy WebLinkAbout04-17-06
Hastings, Minnesota
City Council Minutes
April 17, 2006
The City Council of the City of Hastings, Minnesota met in a regular meeting on
Monday, April 17, 2006 at 7:00 p.m. in the Council Chambers at the Hastings City Hall,
101 East 4th Street, Hastings, Minnesota.
Members Present:
Councilmembers Alongi, Hazlet, Hicks, Moratzka,
Riveness, Schultz and Mayor Werner
Members Absent:
None
Staff Members Present:
City Administrator David Osberg
Assistant City Administrator Melanie Mesko Lee
City Attorney Shawn Moynihan
Planning Director John Hinzman
HRA Director John Grossman
Parks & Recreation Director Barry Bernstein
Approval of Minutes:
Mayor Werner asked if there were any corrections or additions to the minutes of
the regular meeting of Monday, April 3, 2006. 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. Pay Bills as Audited
2. Resolution-Approve Fireworks License at Cub Foods
3. Order Public Hearing-Vacation of Easement #2006-20: Hastings Industrial Park
NO.7
4. Resolution-Final Plat #2006-19: Featherstone Oaks (1803 Featherstone Road)
5. First Reading/Order Public Hearing-Ordinance Amendment #2006-10:
Landscape Ordinance
6. Approve Assistant City Engineer Job Description
7. Pay Estimate #13-Project 2004-1: Westwood Improvement Program: 3 Rivers
Construction ($24,400.34)
8. Pay Estimate #7-Project 2005-2: Dakota Hills Improvement Program: Pember
Companies ($1,914.25)
9. Approve Change Order #2 for 2004 Westwood Area Improvements
10. Approve Hiring Process for Full-Time Firefighters
11. Approve Changes to Purchase and Development Agreement with Midwest
Products
12. Approve Hastings Family Aquatic Center Business Plan Committee
Recommendations
City of Hastings
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April 17, 2006
Page 2 of 6
13. Approve Budget Adjustment-Riverwood Park Security Park Light
14. Approve Agreement with Hastings Hockey Boosters for Dry Floor Training Area
at Civic Arena
15. Approve Park Curfew Waiver at CP Adams Park for Alano Society on July 8,
2006
16. Approve Comp Time Carryover Request
17. Approve Budget Adjustment-Police Department
18. Approve Volunteer Firefighter Relief Association Pension Adjustment
7 Ayes, Nays, None.
Copy of resolutions on file.
Public Hearing-Closure of Third Street Railroad Crossing for Quiet Zone
HRA Director Grossman provided background on the project, which included
hiring HDR Engineering to conduct an assessment of the conditions and improvements
needed to qualify for a quiet zone, which is a corridor where trains do not blow their
horns at crossings. Both the main line and the spur track were included in the study.
Leif Thorson of HDR provided the results of the assessment. The memo
recommends closing the Third Street crossing in lieu of installing gates and flashers and
supplemental measures. The HRA requests that the application for a quiet zone on the
main line at Second Street crossing. The improvements to qualify for a quiet zone would
be approximately $180,000 to move one gate and install supplemental measures at
Second Street only. The study also recommends that the City consider a "do nothing"
option for the mill spur due to cost constraints.
Mayor Werner opened the public hearing at 7: 13 p.m.
Bess Freeman, 522 Lea Street and President of the East Hastings Association
read a statement opposing the closing of 3'd Street for accessibility reasons.
Clarence Chapman, 623 East 3rd Street, stated that the mitigation required for a
quiet zone would be detrimental, that he felt 3'd Street should stay open but be improved,
and that he did not have a problem with the train whistles.
Larry Christianson, 275 Whispering Lane, stated that the trains and its horns are
part of the fabric of the community. He also stated that the City has already given a lot
of concessions to the developer.
Paris Pasch, 518 East Second Street, stated that the horns are not a problem,
but the primary concern should be with improving safety.
Ron Shanda, 305 East 4th Street, stated concern with accessibility to east
Hastings and stated that the long-time residents are not bothered by the train whistles.
Amy Martin, 220 East 7th Street, stated that she enjoys the sound of the train
whistles, and that the 3'd Street crossing is unsafe.
Chris Winter of Sherman Associates, stated support for the quiet zone
application to proceed
Hearing no further comments, Mayor Werner closed the pUblic hearing at 7:29
p.m.
Resolution-Authorizing Application for Quiet Zone
Councilmember Schultz asked if there are safety issues present at the existing
3'd Street crossing. Grossman stated that to qualify for a quiet zone, 3'd Street would
either need to be gated at a cost of $250,000 or it could be closed.
Council member Moratzka asked if 3rd Street is eligible for federal safety funds.
Grossman stated that the closing would be at the City's expense with no federal safety
funds available, but that CP Rail and MnDOT both have grant money which could be
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April 17, 2006
Page 3 of6
applied for. Thorson stated that the low traffic would make this a low priority for grant
dollars.
Councilmember Riveness stated that this type of request has been made in the
past and previously rejected due to cost concerns. He stated he would not support the
quiet zone application.
Moved by Councilmember Riveness, seconded by Council member Hazlet to
deny the resolution authorizing application for a quiet zone.
Councilmember Alongi asked if train traffic has recently increased. Thorson
stated that this is a main CP corridor and it's possible that the traffic has increased,
although he does not have firm numbers.
Alongi asked about the availability of funding. Grossman stated that the HRA
has money available to fund the 2nd Street accessibility improvements and close 3rd
Street access. Alongi stated support for closing the 3rd Street access.
Moved by Mayor Werner, seconded by Councilmember Alongi to amend the
original motion to do nothing on the quiet zone application, close 3rd Street to regular
traffic, but accessible to emergency vehicles through breakaway barriers, and make no
changes to 2nd Street.
Councilmember Hazlet requested more information on having the developers pay
for 2nd and 3rd Street changes.
Councilmember Hicks stated support for the amendment to the motion closing
the 3rd Street access, which would be consistent with Red Rock corridor needs in the
future. He stated that the funds are currently available to eliminate noise pollution.
Votes were taken on the following motions:
Amendment to the original motion, to do nothing on the quiet zone application,
close 3rd Street to regular traffic, but accessible to emergency vehicles through
breakaway barriers, and make no changes to 2nd Street.
6 Ayes; Nays, one. Councilmember Hazlet voting against.
The original motion as amended.
6 Ayes; Nays, one. Councilmember Hazlet voting against.
Public Hearing-Ordinance Amendment #2006-17: Driveway Width
Mayor Werner opened the public hearing at 7:50 p.m. Planning Director
Hinzman stated that the changes proposed are:
· Limiting maximum driveway widths from 24 feet to 30 feet
. Prohibit driveway aprons from encroaching on neighboring properties;
. Require that a three-foot landscaped separation between driveways
accessing a public road.
Hearing no further comments, Mayor Werner closed the public hearing at 7:52
p.m.
Second Reading/Adopt Ordinance-Ordinance Amendment #2006-17: Driveway
Width
Moved by Councilmember Riveness, seconded by Councilmember Moratzka to
approve the ordinance amendment as presented.
7 Ayes, Nays, none.
Copy of ordinance on file.
Resolution-Amend Site Plan Approval #2004-12: Schoolhouse Square Condo
Building
Planning Director Hinzman stated that Schoolhouse Partners and Real Life
Cooperative seek to amend the Special Use Permit and Site Plan #2004 to construct a
City of Hastings
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April 17, 2006
Page 4 of6
multiple family dwelling exceeding 40 feet in height, and site plan approval to construct a
condominium building.
There was discussion about the proposed architectural changes as well as the
proposed cooperative use of the building.
Dave Hanson of Real Life Cooperative explained the concept of the proposed
housing structure and stated that the revised plan creates more green space on the site.
Councilmember Alongi stated that he did not support the revised architectural
changes.
Pat Regan, the site's developer, stated that the proposed use is more financially
viable and the architecture remains attractive.
Moved by Councilmember Hicks, seconded by Councilmember Moratzka to
approve the resolution as presented.
6 Ayes, Nays, one. Councilmember Alongi voting against.
Copy of resolution on file.
First Reading/Order Public Hearing-Ordinance Amendment #2006-18: PI Sign
Requirements
Moved by Councilmember Moratzka, seconded by Council member Hicks to
approve the first reading and order the public hearing as requested.
7 Ayes; Nays, none.
Approve Skate Park Task Force Recommendations
Parks & Recreation Director Bernstein stated that the task force makes the
following recommendations with regards to the skate park:
. For the 2006 season, remove and store the Tier II equipment and have
the Tier I equipment available for use free of charge
· Continue to discuss the concept of relocation to the YMCA site
Moved by Councilmember Alongi, seconded by Councilmember to approve the
recommendations as presented.
7 Ayes; Nays, none.
Authorization to Proceed with Levee Park Redevelopment Planning
Moved by Councilmember Hazlet, seconded by Councilmember Alongi to obtain
detailed costs and specifications for the proposed redevelopment, with attention being
given to retaininglreusing the "Hastings" letters and evaluating the bocce ball/passive
use of the park.
7 Ayes; Nays, none.
Break: 8:48 - 8:55 p.m.
Resolution-Annexation
City Administrator Osberg stated that the Council is being asked to consider a
resolution regarding annexation of certain property proposed by Pulte
Homes/Conzemius Family Partnership. The four main points of the resolution include:
I. Requires the legal description of the property in question, and places the
burden on the applicant and/or property owner(s) to validate their ability to
legally petition for annexation;
II. The City would seek to negotiate with Nininger Township for an orderly
annexation agreement for 100 acres with the understanding that the
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April 17, 2006
Page 5 of 6
additional 65 acres would be considered for annexation only if a trade of
65 acres is completed with land currently in the City's
MUSAlComprehensive Plan and located in NiningerTownship or six
years after the execution of an Orderly Annexation Agreement.
III. Describes the time schedule for completion of General Sieben Drive.
IV. No further annexation requests outside the current 2020 Comprehensive
Plan/MUSA boundary would be considered by the City of Hastings until
either the completion of the revised Comprehensive Plan or July 1, 2008.
Planning Director Hinzman provided a brief overview of the city's current land
inventory for development.
Councilmember Moratzka stated that the Planning Committee of the Council has
reviewed this concept and that there is still developable land available within the 2020
Comprehensive Plan. She also stated that the Compo Plan must be redone by 2008,
and that process was and will continue to be open to the public.
Councilmember Alongi stated that he felt the resolution supports too much
growth too fast and that 100 acre development is sufficient.
Councilmember Schultz stated opposition to the resolution as presented, saying
that development and redevelopment is needed on the south end of town.
Councilmember Hazlet stated support for the proposal, and stated support that
General Sieben Drive will connect through to County Road 42 as part of this
development.
Councilmember Hicks stated that the Comprehensive Plan is a working
document which the City has stayed true to its intent. He stated disagreement that the
City does not support south Hastings if this resolution is supported. He stated support
for the resolution.
Moved by Councilmember Moratzka, seconded by Councilmember Hicks to
approve the resolution as presented.
Mayor Werner stated that this is not the only development in the City where one
developer will be used. He also stated that significant residential development has
occurred in south Hastings since Wal-Mart closed and that the proposed resolution will
not prevent the vacant Wal-Mart building from being occupied. He encouraged public
involvement in the Comprehensive Plan revisions.
Tom Connell, T JC Builders, stated that the South Pines Development, which
utilizes local builders, cannot proceed because it failed a traffic study. The annexation of
the Conzemius/Finnegan property on the south end of town would allow for the
extension of Tuttle Drive which could allow construction to continue.
Ed McMenomy, owner of property in South Pines and commercial property
around the former Wal-Mart site, state that continued discussion over annexations,
including in the south end of town, and increased communication among property
owners and the City may be beneficial.
City Administrator Osberg stated that the City did receive an application for
annexation from the owners of the Conzemius/Finnegan property.
Councilmember Moratzka stated that if Item IV of the resolution were removed,
then the City could still actively consider annexation requests.
Moved by Councilmember Moratzka, seconded by Councilmember Schultz to
amend the original motion to remove Item IV from the resolution.
5 Ayes; Nays, two. Councilmembers Alongi and Hicks voting against.
On the item of the original motion as amended, the following vote was taken:
6 Ayes; Nays, one. Councilmember Alongi voting against.
City of Hastings
City Council Minutes
April 17 , 2006
Page 6 of 6
Adjournment
Moved by Councilmember Riveness, seconded by Councilmember Alongi to
adjourn the meeting at 9:48 p.m.
7 Ayes, Nays, None.
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MIchael D. e1/t
Mayor
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Melanie Mesko Lee
City Clerk