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Home My WebLink About10-20-03Hastings, Minnesota October 20, 2003 The City Council of the City of Hastings, Minnesota met in a regular meeting on Monday October 20, 2003 at 7:00 PM, in the City Hall Council Chambers at the Hastings City Hall, 101 East 4th, Street, Hastings, Minnesota. Members Present: Acting Mayor Hicks, City Councilmembers Hazlet, Riveness, and Yandrasits Councilmember Schultz arrived at 7:05 p.m. Members Absent: Mayor Mike Werner and Councilmember Moratzka Staff Members Present: City Administrator David Osberg Administrative Assistant/City Clerk Melanie Mesko Lee; City Attorney Shawn Moynihan; Public Works Director Tom Montgomery; Planning Director John Hinzman; Approval of Minutes Acting Mayor Hicks asked if there were any corrections or additions to the minutes of the regular meeting of October 6 and the special meeting on October 13. Hearing none, the minutes were approved as presented. Consent Agenda Moved by Councilmember Yandrasits, seconded by Councilmember Hazlet, to approve the Consent Agenda as presented. 4 Ayes; Nays, None. 8. g. 11. 12. 13. Pay Bills As Audited Approve Massage Therapy License---Marcia Bud Approve Gambling Premises Permit Application--for Hastings Lions Club at the Coliseum Sports Bar & Grill, 1840 Vermillion Street Authorize Extension of Agricultural Lease--Hastings Industrial Park: Bill Bauer Resolution~Final Plat #2003-34: Highview Estates: Frank Sieben (31st Street & Highview Court) Approve Development Agreement--Highview Estates: Frank Sieben (31st Street & Highview Court) Approve Offering Group Long Term Care Policy Pay Request #1--John Dalsin & Sons: City Hall Roof Repair ($63,544.55) CDBG Cooperation Agreement--FY 2002-2004 Pay Estimate #2--2003 Riverwood South Oaks Improvements: Contractor's Edge ($578,381.43) Pay Estimate #6~2003 General Sieben Drive Extension: A-1 Excavating ($12,037.37) Pay Estimate #8--2002 General Sieben Ddve Reconstruction and Marketplace West Improvements: McNamara Construction ($6,521.25) Approve 2004 Waste Abatement Application I II Minutes of the Regular Meeting of October 20, 2003 Page 2 of 4 14. Approve Amendment to Personnel Policy--Insurance Benefits 15. Request to Clear & Grade 31" Street~lendale Heights Copy of resolutions on file. Public Hearing--2002 Improvements Assessment Hearing Public Works Director Montgomery stated that the purpose of the hearing is for residents to comment on the amount of the assessment proposed. Questions and issues relating to construction items (sod, etc.) can be forwarded to the Engineering Department for resolution. Montgomery stated that assessments are based on the benefit received from the improvement, not on the cost of the construction for the improvement. Properties are assessed based on 90% of the estimated benefit received. Montgomery also stated that the City is holding money back from the contractor due to several outstanding issues, including sod repair. Project 2002-1 & 2002-9: General Sieben Drive & Marketplace West Improvements Acting Mayor Hicks opened the public hearing at 7:05 p.m. Montgomery stated that the property owner of Marketplace West, North American Properties (NAP), is objecting to the assessment amount and that staff will be meeting to work on a resolution to the issue. A formal objection, in compliance with Minn. Stat. 429.061, was read into the record. Montgomery stated that Council will be asked to table this item until staff can prepare a recommendation following a meeting with NAP. Hearing no further public comment, Acting Mayor Hicks closed the public hearing at 7:15 p.m. Project 2002-2:18th Street Montgomery stated that the proposed assessment for this project is $46.96 per front foot. Acting Mayor Hicks opened the public hearing at 7:16 p.m. Dave Vortherms, 315 West 18th Street, stated a concern with a construction issue. Hearing no further public comment, Acting Mayor Hicks closed the public hearing at 7:18 p.m. Project 2002-3, 4, 5: Westwood Area Montgomery stated that the proposed assessment for this project is $55.80 per front foot. Acting Mayor Hicks opened the public hearing at 7:20 p.m. Hal Teuber, 108 21st Street West, stated that he thought 21st would be a dead- end street and it is not. Montgomery stated that until a property owner develops certain parcels, the road will remain open. Teuber also stated that there is a lot of truck and through traffic on the road. Council directed staff to evaluate the truck traffic in that area. Hearing no further public comment, Acting Mayor Hicks closed the public hearing at 7:26 p.m. Project 2002-6: Southview Drive Montgomery stated that the proposed assessment for this project is $38.70 per front foot. Acting Mayor Hicks opened the public hearing at 7:27 p.m. [ Minutes of the Regular Meeting of October 20, 2003 Page 3 of 4 Walter Thomas, 1181 Southview Drive, stated that he does not feel a benefit to the reconstruction. He also stated concern with impact of drainage into the Vermillion River. Mike Feidt, 1900 Ashland Street, questioned why the assessment amounts for the Westwood area were different than the Southview project. Montgomery stated that the Westwood project included stormwater upgrades. Mike Scully, 970 Southview Drive, questioned the costs for installing the sidewalk and stormwater/sanitary sewer improvements. Montgomery stated that those individual costs have not been broken down at this time because the assessments are based on 90% of the estimated benefit received, not the cost of the project. Scully also questioned why the County Club was not assessed. Montgomery stated that in an agreement with the City, in exchange for an assessment, the County Club donated an easement with a value approximately that of the anticipated assessment. The easement allowed the City to construct the trail on the north side of Southview, as opposed to the south side where trees may have had to be removed. Jane Scully, 970 Southview Drive, asked for clarification on how benefit is determined. Montgomery stated that an assessor makes that determination. Jon Cloutier, 1050 Southview Drive, stated that he felt it unfair that the County Club is not being charged an assessment for the project. Hearing no further public comment, Acting Mayor Hicks closed the public hearing at 7:48 p.m. Project 2002-8: Middle School Watermain Loop Montgomery stated that the entire assessment cost for this project will be assessed back to the school district, because this was a petitioned project. Acting Mayor Hicks opened the public hearing at 7:49 p.m. Hearing no public comment, Acting Mayor Hicks closed the public hearing at 7:49 p.m. Councilmember Yandrasits stated that the Country Club challenged the proposed assessment, as is their right. In response, the City negotiated an easement of comparable value in lieu of an assessment by the Country Club. Yandrasits stated that this negotiation resulted in a trail and that the new assessment policy which bases an assessment on benefit rather than construction costs has resulted in lower assessments than in previous years. Councilmember Schultz and Acting Mayor Hicks concurred that they felt the policy is fair to homeowners. Resolution Adopting 2002 Assessments 2002-1: General Sieben Drive 2002-2:18th Street 2002-3, 4, & 5: Eddy, 19th, Ashland Streets 2002-6: Southview Drive 2002-8: Middle School Watennain Loop Moved by Councilmember Yandrasits, seconded by Councilmember Riveness to approve the resolution as presented, with all assessments with the exception of Minutes of the Regular Meeting of October 20, 2003 Page 4 of 4 Project 2002-9: Marketplace West Improvements. Staff to report back on proposed resolution to 2002-9 assessment issue. 5 Ayes; Nays, none. Public Hearing--Rezoning 2003-63: Schoolhouse Square 2nd Addition (9th and Vermillion Streets) Acting Mayor Hicks opened the public hearing at 7:55 p.m. Hinzman stated that the public hearing is being held tonight, yet no action is requested. Staff anticipates requesting City Council action at the November 3, 2003 Council meeting. Hearing no further public comment, Acting Mayor Hicks closed the public hearing at 7:55 p.m. Public Headng~orrection to Vacation of Alley #2003-68: Block 122 (Lea- Bailey-2nd-3rd Streets) Acting Mayor Hicks opened the public hearing at 7:56 p.m. Hinzman stated that this vacation was approved in 2001, but an incorrect legal description was recorded. This request simply corrects the legal description. Hearing no further public comment, Acting Mayor Hicks closed the public hearing at 7:57 p.m. Resolution~orrection to Vacation of Alley #2003-68: Block 122 (Lea-Bailey- 2"d-3rd Streets) Moved by Councilmember Yandrasits, seconded by Councilmember Hazier to approve the resolution as presented. 5 Ayes; Nays, none. Copy of resolution on file. Comments from the Audience: Gary Stevens stated that a volunteer is needed to serve on the Flint Hills Citizen's Advisory Council. Interested Hastings residents can call Gary at 437-1599 or Flint Hills at 429-8391. Information will also be available at Hastings City Hall at 480-2350. Adjournment Moved by Councilmember Schultz, seconded by Councilmember Riveness to adjourn the meeting at 8:00 p.m. 5 Ayes; Nays, None. Mayor ATTEST City Clerk