HomeMy WebLinkAbout04-07-03City Council Minutes
Hastings, Minnesota
April 7, 2003
The City Council of the City of Hastings, Minnesota met in a regular meeting on
Monday, April 7, 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;
Tom Montgomery, Public Works 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 17, 2003 or the special meeting of March 24, 2003.
Hearing none, the minutes were approved as presented.
Consent Agenda
City Administrator Osberg requested that Item #19--Adopt By-Laws for Economic
Development Commission, be tabled until April 21, 2003.
Moved by Councilmember Yandrasits, seconded by Councilmember Hicks, to
approve the Consent Agenda as amended.
7 Ayes; Nays, None.
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Pay Bills As Audited
ResolutionBApprove Massage Therapy License--Mary Thibido
Resolution--Approve One-Day Amendment to Liquor License and Dance Permit--Papa
Charrito's
Resolution--Approve Increase in On-Sale Liquor License Fees
Resolution--Approve One-Day Gambling Permit for Jack J. Jorgensen Charitable Trust
Resolution--Approve Three-Day Amendment to Liquor LicensemAmerican Legion Club
Approve Cleaning Agreement--Public Works Building
Resolution--Approve Wine and 3.2% Beer License: The Red Feather (118 2nd Street
East)
First Reading and Order Public Hearing--Amend Chapter 3: Alcoholic Beverage
Regulation
Minutes of the Regular Meeting of April 7, 2003 Page 2 of S
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First Reading & Order Public HearingmPreliminary Plat/Final Plat: South Pines 5
(Edward McMenomy)
First Reading and Order Public Hearing--Comprehensive Plan
Amendment/Rezoning/Preliminary Plat/Final Plat: South Pines 6 (Lawrence Builders)
First Reading/Schedule Public Hearing--Vacation of Easement: Pleasant Acres 1st
Addition (Twin Cities Habitat for Humanity).
Resolution--Final Plat: Century South 4th Addition (Lyman Development Company)
Development Agreement--Century South 4th Addition (Lyman Development Company)
Request Authorization to Declare Property as Excess
Amendment to Hastings Marketplace Covenants
Resolution - Delegated Contract ^greement--MnDOT
Budget Transfer Request
Adopt By-Laws for Economic Development Commission--tabled until April 21, 2003
2003 Summer Concerts at City Hall
First Reading and Order Public Hearing--Amend Chapter 12: Reconnection Charges
Request for Approval of Conference Attendance
Approve Agreement--Mutual Police Assistance
Approve Agreement with Retailers Protection Association for Bad Check Program
Approval for 2003 Spring Clean-Up Day for April 26, 2003
Resolution--Approve Copy Charges
First Reading and Order Public Hearing--Late Fee Charges
First Reading and Order Public Hearing--Regulation of Fireworks
Copy of resolutions on file.
Public Hearing--Vacation of Right-of-Way: Oak Street
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: Oak Street
Moved by Councilmember Hicks, seconded by Councilmember Riveness to
approve the vacation of right-of-way as presented.
7 Ayes; Nays, none.
Copy of resolution on file.
Public Hearing--Rezoning Property from I-1 & R-2 to C-3:515 East 3rd Street
'(Christ's Family Church)
Mayor Werner opened the public hearing at 7:03 p.m. Planning Director Hinzman
provided a brief background on the proposed project. Hearing no further comments, the
public hearing was closed at 7:04 p.m.
Minutes of the Regular Meeting of April 7, 2003 Page 3 of ,5
Ordinance Amendment--Rezoning Property from I-1 & R-2 to C-3:515 East 3rd
Street (Christ's Family Church)
Moved by Councilmember Yandrasits, seconded by Councilmember Hazier to
approve the ordinance amendment as presented.
7 Ayes; Nays, none.
First Reading and Order Public Hearing on Ordinance Amendments to Chapters
10, 11, & 12
Public Works Director Montgomery provided background on the proposed
changes, many of which are "housekeeping" items. Montgomery stated that staff will
hold an open house to provide information to contractors and the public prior to the
proposed public meeting on April 21.
Moved by Councilmember Schultz, seconded by Councilmember Moratzka to
approve the first reading and order a public hearing for April 21, 2003.
7 Ayes; Nays, none.
First Reading and Order Public Hearing on Ordinance Amendments to Chapter 4--
Adoption of State Building Code, Including All Amendments
Supervisor of Inspections and Code Enforcement Mesaros provided background
on the proposed changes. Councilmember Yandrasits asked how historical buildings will
be impacted by these proposals and asked that the HPC and Historic Preservation
Committee of the Council be provided information.
Moved by Councilmember Yandrasits, seconded by Councilmember Hazlet to
approve the first reading and order a public hearing for April 21,2003.
7 Ayes; Nays, none.
Variance: Side Yard Setback & Wall Height--613 West 6th Street (Pontzer)
Planning Director Hinzman stated that all legal code requirements have been
addressed in this revised plan, and that, should the variances be approved, staff can
legally issue a building permit for the proposed project. Hinzman also stated that staff
continues to recommend denial of the variances due to the determination that the
applicant does not meet the requirements. Hinzman then stated that the Planning
Commission approved both variances at their March 10 meeting. Variance: Side Yard Setback
Moved by Councilmember Hicks, seconded by Councilmember Hazlet to approve
the variance to the side yard setback with the findings of the Planning Commission, the
fact that the proposed garage matches the style of the house and the general
neighborhood, and because original garage was located on the lot line.
7 Ayes; Nays, none.
Copy of resolution on file.
Minutes of the Regular Meeting of April 7, 2003 Page 4 of $
Variance: Wall Height
Councilmember Riveness stated his opposition to this request due to the fact that
the Council recently adopted a 10 foot height limit on garages and this request is
contrary to that limit.
Councilmember Yandrasits stated that she would support the request, as the
plans attempt to fit a new building into an older neighborhood. Councilmembers
Moratzka and Schultz also stated their support for the request.
Mayor Werner questioned whether the criteria for granting a variance has been
met.
Mitchell Johnson, 613 West 6th Street and the applicant, stated that he felt the
proposal is more aesthetically pleasing than what is permitted by code without a sidewall
variance needed.
Moved by Councilmember Hazier, seconded by Councilmember Hicks to approve
the sidewall variance as presented.
Roll call vote was taken: 5 ayes; Nays, 2; Councilmember Riveness and Mayor Werner
voting against. Motion fails, as variances need a 6/7 vote for approval.
Councilmember Hicks asks Councilmember Riveness or Mayor Werner to
reconsider their vote in recognition of the fact that the code requirement of a 10 foot
sidewall height could result in a building with a large roof and an overall height of 25 feet
tall as opposed to the proposal for a building with 12-foot sidewalls and an overall height
of 17'6".
Moved by Mayor Werner, seconded by Councilmember Hazlet to reconsider the
request for a sidewall variance.
7 Ayes; Nays, none.
Moved by Councilmember Hicks, seconded by Councilmember Riveness to
approve the request for a 12' sidewall variance with a limitation on overall height at 17'6".
7 Ayes; Nays, none.
Roof Sign Approval--501 Vermillion Street (Common Cents)
Councilmember Yandrasits stated opposition to the request, in that the reason the
building and previous business had a roof sign approval in the past no longer exists.
Moved by Councilmember Hicks, seconded by Councilmember Riveness to
approve the roof sign at 501 Vermillion Street.
5 Ayes; Nays, two; Councilmembers Moratzka and Yandrasits voting against. Motion
was approved.
McAuliffe School Traffic Control Program
City Administrator Osberg stated that staff is recommending approval of an
agreement with the school district to provide City reserve officers in the morning and
afternoon to assist with traffic control at a cost of $40 per day. These officers would not
provide pedestrian crossing and the agreement would be in place through the end of the
2002/2003 school year. Osberg stated that the long-term solution is a proposed
secondary access, with a hopeful completion by fall 2003.
Minutes of the Regular Meeting of April 7, 2003 Page 5 of 5
Moved by Councilmember Schultz, seconded by Councilmember Riveness to
approve the agreement as presented.
7 Ayes; Nays, none.
ResolutionM2003 Budget Reductions
Moved by Councilmember Riveness, seconded by Councilmember Hazlet to
approve the 5% budget reductions as presented.
7 Ayes; Nays, None.
Great River Energy Power Plant Discussion
Terry Flower, 13586 Fischer Avenue, Nininger Township, spoke before the
Council and asked for the City's support in opposing GRE's request for an exemption to
the personal property tax on a proposed power plant to be located in Rosemount. He
stated that Dakota County Board of Commissioners are scheduled to meet on April 8,
2003 at 9:00 a.m. to consider the request.
Adjournment
Moved by Councilmember
adjourn the meeting at 8:37 p.m.
7 Ayes; Nays, None.
Hicks, seconded
by Councilmember Riveness to
Mayor City Clerk