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City Council Minutes
Hastings, Minnesota
March 17, 2003
The City Council of the City of Hastings, Minnesota met in a regular meeting on
Monday, March 17,2003 at 7:00 p.m. in the City Hall Council Chambers, 101 4th Street
East, Hastings, Minnesota.
Members Present: Councilmembers Hazlet, Hicks, Moratzka, Riveness, Schultz, and
Yandrasits
Mayor Werner
Members Absent: None
Staff Members Present: David Osberg, City Administrator;
Shawn Moynihan, City Attorney;
Melanie Mesko Lee, Administrative Assistant/City Clerk;
John Hinzman, Planning Director;
John Grossman, HRA Director
Lori Webster, Finance Director;
Bill Mesaros, Supervisor of Inspections & Code Enforcement
Approval of Minutes
Mayor Werner asked if there were any corrections or additions to the minutes of
the regular meeting of March 3, 2003. Hearing none, the minutes were approved as
presented.
Consent Agenda
Councilmember Hicks requested that Item #13 be moved to Item #4 under City
Administrator. Councilmember Moratzka requested that Item #12 be moved to Item #5
under Planning.
Moved by Councilmember Hicks, seconded by Councilmember Moratzka, to
approve the Consent Agenda as amended.
7 Ayes; Nays, None.
1. Pay Bills As Audited
2. Resolution-Approve One-Day Temporary On-Sale Liquor License for St.
Elizabeth Ann Seton Church: September 21,2003
3. Resolution-Approve One-Day Raffle Permit for St. Elizabeth Ann Seton Church:
September 21,2003
4. Resolution-Approve Tobacco License: Vermillion Bottle Shop
5. Resolution-Approve Tobacco License: Riley's Express Mart
6. 2003 Budget Adjustments
7. Request for Budget Transfer Request-Water Fund
8. Set/Increase Utility Fees
Minutes ofthe Regular Meeting of March 17, 2003 Page 2 of 4
9. Resolution-In Support of Continued Express Bus Service
10. First Reading/Schedule Public Hearing-Vacation of Right-of-Way: Oak Street
11. First Reading/Schedule Public Hearing-Rezoning Property from 1-1 to C-3: 515
East 3rd Street (Christs Family Church)
12. Resolution-Reauthorize Final Plat Approval: Riverwood ih Addition (moved to
Item #5 under Planner)
13. Resolution-Supporting Legislation to Provide Improved Funding Options for City
Street Improvements (moved to Item #4 under Administrator)
14. Approve Agreement-Cottage Grove Police Department Use of Police Pistol
Range
15. Approve Agreement-Top Dog Animal Control
16. Approve Contract Renewals-City Hall & Police Department Cleaning Contracts
17. Transfer of Funds-Creating Internal Service Fund
18. Request for Partial Payment-Venture Computer Systems
Copy of resolutions on file.
Public Hearing-Vacation of Right-of-Way: Portion of 21st Street East, Adjacent to
2007 Vermillion Street (Jeff Langenfeld)
Mayor Werner opened the public hearing at 7:02 p.m. Planning Director Hinzman
provided a brief background on the proposed project. Hearing no further comments, the
public hearing was closed at 7:03 p.m.
Second Reading-Vacation of Right-of-Way: Portion of 21st Street East, Adjacent
to 2007 Vermillion Street (Jeff Langenfeld)
Moved by Councilmember Yandrasits, seconded by Councilmember Hazlet to
approve the vacation of right-of-way as presented.
7 Ayes; Nays, none.
Copy of resolution on file.
Resolution-Variance & Site Plan: Jeff Langenfeld (Bumper to Bumper Auto
Parts)-2007 Vermillion Street
Moved by Councilmember Riveness, seconded by Councilmember Moratzka to
approve the shoreland variance as presented.
7 Ayes; Nays, none.
Copy of resolution on file.
Moved by Councilmember Hicks, seconded by Councilmember Yandrasits to
approve the site plan as presented.
7 Ayes; Nays, none.
Copy of resolution on file.
Resolution-Side Yard Setback and Wall Height-613 West 6th Street (Pontzer)
Planning Director Hinzman stated that the Planning Commission recommended
approval of the setback variance on a 6-1 vote and voted unanimously to approve the
sidewall height variance. Staff is recommending denial of both variances; the proposed
Minutes ofthe Regular Meeting of March 17,2003 Page 3 of 4
garage would be located on the property line and the proposed design with second story
storage in the garage, is not permitted per the building code.
Moved by Council member Hazlet, seconded by Councilmember Yandrasits to
approve the variance if the garage is moved so that the eaves do not cross the property
line.
Supervisor of Inspections and Code Enforcement Mesaros stated that the building
code as written does not allow him to legally issue a building permit for the project, even
if the Council approves a variance to the side yard setback. The building code prohibits
two story detached garages; as designed, the proposed garage is considered to be two
stories. Mesaros stated that modifications could be made to meet the code
requirements.
The Council discussed the aesthetic design of the garage, which complements
the neighborhood. Mayor Werner stated that the applicant has options in designing the
garage so that it complies with building codes.
Moved by Councilmember Hicks, seconded by Councilmember Schultz to table
the issue until the April 7, 2003 Council meeting to give the applicant and staff time to
work together on a possible solution.
7 Ayes; Nays, none.
Resolution-Special Use Permit: Tech-1 Automotive (671A East 31st Street)
Moved by Councilmember Yandrasits, seconded by Councilmember Riveness to
approve the special use permit as presented.
7 Ayes; Nays, none.
Copy of resolution on file.
Resolution-Reauthorize Final Plat Approval: Riverwood 7th Addition
Councilmember Moratzka requested that sidewalk/trail issues be addressed in the
final plat. Planning Director Hinzman stated that he would make those changes to the
resolution.
Moved by Councilmember Moratzka, seconded by Councilmember Hicks to
approve the final plat as amended.
7 Ayes; Nays, none.
Copy of resolution on file.
Discussion-Dakota County Historical Society Lease Agreement: LeDuc Mansion
Mayor Werner noted that the City is not expending any City funds for this
proposal; there is grant and endowment funds that are allocated for this project.
Schedule Special Meeting-LeDuc Agreement Approvals
Moved by Councilmember Moratzka, seconded by Councilmember Riveness to
set a Special City Council Meeting for Monday, March 24, 2003 at 5:00 p.m.
7 Ayes; Nays, none.
Minutes of the Regular Meeting of March 17,2003 Page 4 of 4
First Reading/Order Public Hearing-Hastings Land LLC
Moved by Councilmember Yandrasits, seconded by Councilmember Riveness to
approve the first reading and order a public hearing for April 21, 2003.
7 Ayes; Nays, none.
Resolution-Supporting Legislation to Provide Improved Funding Options for City
Street Improvements
Councilmember Hicks stated that he did not support language regarding the use
of impact fees.
Moved by Councilmember Moratzka, seconded by Councilmember Yandrasits to
approve the resolution as presented.
6 Ayes; Nays, one-Councilmember Hicks voting against.
Adjournment
Moved by Councilmember Hicks, seconded by Councilmember Hazlet to adjourn
the meeting at 8:24 p.m.
7 Ayes; Nays, None.
~ ATTESTjLwouw-~tD~
Mayor City Clerk
City Council Minutes
Hastings, Minnesota
March 17, 2003
The City Council of the City of Hastings, Minnesota met in a regular meeting on
Monday, March 17, 2003 at 7:00 p.m. in the City Hall Council Chambers, 101 4th Street
East, Hastings, Minnesota.
Members Present: Councilmembers Hazlet, Hicks, Moratzka, Riveness, Schultz, and
Yandrasits
Mayor Werner
Members Absent: None
Staff Members Present: David Osberg, City Administrator;
Shawn Moynihan, City Attorney;
Melanie Mesko Lee, Administrative AssistanUCity Clerk;
John Hinzman, Planning Director;
John Grossman, HRA Director
Lori Webster, Finance Director;
Bill Mesaros, Supervisor of Inspections & Code Enforcement
Approval of Minutes
Mayor Werner asked if there were any corrections or additions to the minutes of
the regular meeting of March 3, 2003. Hearing none, the minutes were approved as
presented.
Consent Agenda
Council member Hicks requested that Item #13 be moved to Item #4 under City
Administrator. Councilmember Moratzka requested that Item #12 be moved to Item #5
under Planning.
Moved by Councilmember Hicks, seconded by Councilmember Moratzka, to
approve the Consent Agenda as amended.
7 Ayes; Nays, None.
1. Pay Bills As Audited
2. Resolution-Approve One-Day Temporary On-Sale Liquor License for S1.
Elizabeth Ann Seton Church: September 21, 2003
3. Resolution-Approve One-Day Raffle Permit for S1. Elizabeth Ann Seton Church:
September 21, 2003
4. Resolution-Approve Tobacco License: Vermillion Bottle Shop
5. Resolution-Approve Tobacco License: Riley's Express Mart
6. 2003 Budget Adjustments
7. Request for Budget Transfer Request-Water Fund
8. SeUlncrease Utility Fees
Minutes of the Regular Meeting of March 17, 2003 Page 2 of 4
9. Resolution-In Support of Continued Express Bus Service
10. First Reading/Schedule Public Hearing-Vacation of Right-of-Way: Oak Street
11. First Reading/Schedule Public Hearing-Rezoning Property from 1-1 to C-3: 515
East 3'd Street (Christs Family Church)
12. Resolution-Reauthorize Final Plat Approval: Riverwood ih Addition (moved to
Item #5 under Planner)
13. Resolution-Supporting Legislation to Provide Improved Funding Options for City
Street Improvements (moved to Item #4 under Administrator)
14. Approve Agreement-Cottage Grove Police Department Use of Police Pistol
Range
15. Approve Agreement-Top Dog Animal Control
16. Approve Contract Renewals-City Hall & Police Department Cleaning Contracts
17. Transfer of Funds-Creating Internal Service Fund
18. Request for Partial Payment-Venture Computer Systems
Copy of resolutions on file.
Public Hearing-Vacation of Right-of-Way: Portion of 21 st Street East, Adjacent to
2007 Vermillion Street (Jeff Langenfeld)
Mayor Werner opened the public hearing at 7:02 p.m. Planning Director Hinzman
provided a brief background on the proposed project. Hearing no further comments, the
public hearing was closed at 7:03 p.m.
Second Reading-Vacation of Right-of-Way: Portion of 21st Street East, Adjacent
to 2007 Vermillion Street (Jeff Langenfeld)
Moved by Councilmember Yandrasits, seconded by Council member Hazlet to
approve the vacation of right-of-way as presented.
7 Ayes; Nays, none.
Copy of resolution on file.
Resolution-Variance & Site Plan: Jeff Langenfeld (Bumper to Bumper Auto
Parts)-2007 Vermillion Street
Moved by Councilmember Riveness, seconded by Council member Moratzka to
approve the shoreland variance as presented.
7 Ayes; Nays, none.
Copy of resolution on file.
Moved by Councilmember Hicks, seconded by Councilmember Yandrasits to
approve the site plan as presented.
7 Ayes; Nays, none.
Copy of resolution on file.
Resolution-5ide Yard Setback and Wall Height-613 West 6th Street (Pontzer)
Planning Director Hinzman stated that the Planning Commission recommended
approval of the setback variance on a 6-1 vote and voted unanimously to approve the
sidewall height variance. Staff is recommending denial of both variances; the proposed
Minutes of the Regular Meeting of March 17, 2003 Page 3 of 4
garage would be located on the property line and the proposed design with second story
storage in the garage, is not permitted per the building code.
Moved by Councilmember Hazlet, seconded by Councilmember Yandrasits to
approve the variance if the garage is moved so that the eaves do not cross the property
line.
Supervisor of Inspections and Code Enforcement Mesaros stated that the building
code as written does not allow him to legally issue a building permit for the project, even
if the Council approves a variance to the side yard setback. The building code prohibits
two story detached garages; as designed, the proposed garage is considered to be two
stories. Mesaros stated that modifications could be made to meet the code
requirements.
The Council discussed the aesthetic design of the garage, which complements
the neighborhood. Mayor Werner stated that the applicant has options in designing the
garage so that it complies with building codes.
Moved by Councilmember Hicks, seconded by Councilmember Schultz to table
the issue until the April 7, 2003 Council meeting to give the applicant and staff time to
work together on a possible solution.
7 Ayes; Nays, none.
Resolution-Special Use Permit: Tech-1 Automotive (671A East 31st Street)
Moved by Councilmember Yandrasits, seconded by Councilmember Riveness to
approve the special use permit as presented.
7 Ayes; Nays, none.
Copy of resolution on file.
Resolution-Reauthorize Final Plat Approval: Riverwood 7th Addition
Councilmember Moratzka requested that sidewalk/trail issues be addressed in the
final plat. Planning Director Hinzman stated that he would make those changes to the
resolution.
Moved by Councilmember Moratzka, seconded by Councilmember Hicks to
approve the final plat as amended.
7 Ayes; Nays, none.
Copy of resolution on file.
Discussion-Dakota County Historical Society Lease Agreement: LeDuc Mansion
Mayor Werner noted that the City is not expending any City funds for this
proposal; there is grant and endowment funds that are allocated for this project.
Schedule Special Meeting-LeDuc Agreement Approvals
Moved by Council member Moratzka, seconded by Councilmember Riveness to
set a Special City Council Meeting for Monday, March 24, 2003 at 5:00 p.m.
7 Ayes; Nays, none.
Minutes of the Regular Meeting of March 17,2003 Page 4 of 4
First Reading/Order Public Hearing-Hastings Land LLC
Moved by Council member Yandrasits, seconded by Council member Riveness to
approve the first reading and order a public hearing for April 21, 2003.
7 Ayes; Nays, none.
Resolution-Supporting Legislation to Provide Improved Funding Options for City
Street Improvements
Council member Hicks stated that he did not support language regarding the use
of impact fees.
Moved by Council member Moratzka, seconded by Council member Yandrasits to
approve the resolution as presented.
6 Ayes; Nays, one-Councilmember Hicks voting against.
Adjournment
Moved by Councilmember Hicks, seconded by Council member Hazlet to adjourn
the meeting at 8:24 p.m.
7 Ayes; Nays, None.
~ ATTEST 'fM.
Mayor City Clerk