HomeMy WebLinkAbout04-06-98
Hastings, Minnesota
April 6, 1998
The City Council of the City of Hastings, Minnesota met in a regular meeting on Monday,
April 6, 1998 at 7 :00 p.m. in the City Hall Council Chambers, 101 4th Street East, Hastings,
Minnesota.
Members Present:
Councilmember Yandrasits, Riveness, Johnson, Simacek, Hicks,
Moratzka and Mayor Werner
Members Absent:
None
Staff Members Present:
Dave Osberg, City Administrator;
Tom Montgomery, Public Works Director;
Lori Webster, Finance Director;
Tracy Souder, Assistant Finance Director;
Matt Weiland, Zoning Administrator;
Joyce P. Hottinger, Administrative Assistant/City Clerk;
and Shawn Moynihan, City Attorney
Approval of Minutes
Mayor Werner asked if there were any corrections or additions to the regular meeting of
March 16, 1998 and the special meeting of March 30, 1998 and hearing none, approved the minutes
as presented.
Presentation-Certificate of Achievement for Excellence in Financial Reporting
Ed Burrell, City of Roseville's Finance Director and Treasurer for the Minnesota
Government Finance Offices Association, presented to the City Council a Certificate of
Achievement for Excellence in Financial Reporting for the City's Comprehensive Annual Financial
Report, for the year ended December 31, 1997.
Council Items to be considered
Moved by Councilmember Riveness, seconded by Councilmember Johnson, to add the
Appointment of Doug Webster to the Vermillion River Watershed Advisory Board as Consent Item
No. 17.
7 Ayes; Nays, None.
Consent Agenda
Moved by Councilmember Simacek, seconded by Councilmember Riveness, to approve the
consent agenda as amended, with the addition of # 17 as Appointment to the Vermillion River
Watershed Advisory Board.
1. Pay all Bills as Audited
2. Application for Gambling Premises Permit-Regina Medical Center-at Regina Medical
Center, located at 1175 Nininger Road (Resolution No. 4-1-98)
Cleaning Service Agreement
Resolution No. 4-2-98-135E-Lexington Bridge
Police Supervisors Labor Contract Approval (1998 & 1999)
Schedule Public Hearing for April 20, 1998-Excess Property Declaration
Continued
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4.
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6.
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Request to withdraw variance request-1514 E. Third Street
Pay Estimate #8, Keys Well Drilling Wells #3 & #4, $13,190.75
Pay Estimate #5, Brown-Minneapolis Tank, Ground Storage Tank Replacement, $5,876.92
Pay Estimate #4, Pitt-Des Moines, Inc., Industrial Park Tank, $60,325.00
Resolution No. 4-3-98-CR #54 Bridge Replacement
Schedule Public Hearing for April 20, 1998-Alley Vacation Abutting Lots 3,4,5, Block 124,
Town of Hastings
Accept Proposal to Replace Roof on Old Street's Garage
Item Was Removed from Agenda
Pay Estimate #1, Bacon's Electric, Electrical Improvements Well Pumphouse No.3 and
No.4, $32, 737.00
16. Out of State Conference - Zoning Administrator
17. Appointment to the Vermillion River Watershed Advisory Board
7 Ayes; Nays, None.
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15.
Public Hearing: Request to Vacate Part of Locust Street Right-of-Way
Mayor Werner opened the Public Hearing on the request to vacate part of Locust Street right-
of-way at 7:04 p.m. Zoning Administrator Matt Weiland introduced the item. Mayor Werner asked
whether there were any public comments on the issue, and hearing none, closed the public hearing
at 7:05 p.m.
Resolution No. 4-5-98-Request to Vacate part of Locust Street Right-or-Way
Moved by Councilmember Hicks, seconded by Councilmember Moratzka, to approve
Resolution No. 4-5-98, a Resolution vacating the Locust Street right-of-way north of 3rd Street East
between Lot 8, Block 5 and Lot 5, Block 6, Barker's Addition. 7 Ayes; Nays, None. Copy of
resolution on file.
Public Hearing-Request to Vacate Alley and Barker Street Right-of-Way Abutting Lot 2,
Block 12, Barker's Addition
Mayor Werner opened the Public Hearing on the request to vacate an alley and Barker Street
right-of-way abutting Lot 2, Block 12, Barker's Addition at 7:06 p.m. Zoning Administrator Matt
Weiland introduced the item and stated the applicant is requesting the vacation to create a buildable
lot. Mike Nogle, on behalf of his sister Marlene, who resides at 1300 E. 3rd Street, stated he was
opposed to the vacation, as the lot is buildable without the vacation. Clairece Frank, property owner
adjacent to the proposed alley vacation, stated she was opposed to the vacation due to the proximity
to her home. Jane Hoeschen, applicant, stated Lots 3, 4 & 5 owners are in favor of the vacation.
Mayor Werner asked whether there was any additional public comment on the issue, and hearing
none, closed the public hearing at 7: 12 p.m.
Public Works Director Tom Montgomery explained the location and necessity of a proposed
20 ft. drainage and utility easement on the right-of-way of the Barker Street vacation.
Councilmember Yandrasits clarified the 20 ft. drainage and utility easement would only be
located on the vacated land, and not on existing property owners lots.
Moved by Councilmember Moratzka, seconded by Councilmember Simacek, to approve
Resolution No. 4-6-98, a resolution vacating the unimproved Barker Street right-of-way located
south of 3rd Street East between Lot 2, Block 12 and Lot 5, Block 11 Barker's Addition, and the
unimproved alley located between Lot 1, Block 12 and Lot 2, Block 12 of Barker's Addition; with
the City retaining a 20 ft. drainage and utility easement down the middle of the center line of the
alley. 6 Ayes; Nays, 1 (Johnson)
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Public Hearing-Proposed Ordinance Establishing a Permanent OddJEven Sprink.\ing Ran
Mayor Werner opened the Public Hearing on the proposed Ordinance establishing a
permanent odd/even sprinkling ban at 7:40 p.m. Public Works Director Tom Montgomery
introduced the item. Mayor Wemer asked if there were any public comments on the issue, and
hearing none, closed the public hearing at 7 :44 p.m.
Ordinance No. 428 Second/Final Reading, an Ordinance Establishing a Permanent OddÆven
Sprinkling Ban
Moved by Councilmember Simacek, seconded by Councilmember Hicks, to approve
Ordinance No. 428, an Ordinance establishing a permanent odd/even lawn sprinkling ban. 7
Ayes; Nays, None.
Resolution No. 4-4-98-Approve Plans and Authorize Advertisement for Bid, 1998 Street &
Utility Improvement Program
Director of Public Works Tom Montgomery introduced the item noting the revised plans
includes decorative street lights for one block, funded by the HRA, from the railroad crossing to Lea
Street.
Moved by Councilmember Yandrasits, seconded by Councilmember Johnson, to approve
Resolution No. 4-4-98 a resolution approving plans and specifications for 1998 Street & Utility
Improvement Program and ordering advertisement for bids.
7 Ayes; Nays, None. Copy of resolution on file.
Water Tower Lettering and Ground Storage Tank Paint Colors
Industrial Park Tank
Moved by Councilmember Hicks, seconded by Councilmember Yandrasits, to approve
"Hastings Est. 1857" as wording options for the Industrial Park Tank.
6 Ayes; Nays, 1 (Johnson)
Ground Storage Tank
Moved by Councilmember Simacek, seconded by Councilmember Moratzka, to approve
wind swept white as a base color and dover cliff blue as an accent color for the new ground storage
tank on Highway 55.
7 Ayes; Nays, None.
Variance-Lot 2, Block 12-Barker's Addition (Tabled at March 16, 1998 Regular Council
Meeting)
Moved by Councilmember Hicks, seconded by Councilmember Yandrasits, to grant a 10ft.
yard variance, based on the alley being vacated, to the required Chapter 10 (Section 10.26 District
Lot Regulations) 20 ft. front yard setback based on findings that the applicant has demonstrated
compliance with the following variance criteria:
1.) That special conditions and circumstances exist which are peculiar circumstance exist which
are peculiar to the land, structure, or building involved and which are not applicable to other
lands, structures or buildings;
At literal interpretation of the City Code would deprive the applicant of rights commonly
enjoyed by other properties in the same district under the terms of Chapter 10;
That the special conditions and circumstance do not result from the actions of the applicant;
2.)
3.)
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That granting the variance requested will not confer on the applicant any special privilege
that is denied by Chapter 10 to other lands, structures or buildings in the same district. No
non-conforming use of neighboring lands, structures or building in the same district, and no
permitted or non-conforming use of lands, structures or building in other districts shall be
grounds for the issuance of a variance.
7 Ayes; Nays, None.
House Move Proposal-1514 East 3rd Street
Moved by Councilmember Riveness, seconded by Councilmember Simacek, to authorize
issuance of moving and building permits to allow the home included in a proposal from Jim
Hoeschen to be moved to Lot 1, Block 9, Barker's Addition subject to the following conditions:
1.) Compliance with all applicable City Code requirements including, but not limited to; City
Code Chapter 4 (Construction Regulations) and City Code Chapter 18 (Property
Maintenance Ordinance)
That all exterior site work on the structure and site be completed within six months from the
date of permit issuance.
That one deciduous shade tree minimum 2.5 inch diameter (be planted in the boulevard area
of each street frontage prior to issuance of Certificate of Occupancy)
The applicant enter into an agreement based upon City Attorney Shawn Moynihan's
comments as listed in his 4-2-98 letter.
7 Ayes; Nays, None.
4.)
2.)
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4.)
Variance-Agricultural Lot Size Requirement-3000 East 4th Street
Moved by Councilmember Yandrasits, seconded by Councilmember Hicks, to allow a .2
acres lot size variance from the required Chapter 10 (Section 10.26 District Lot Regulations) 10 acre
lot size requirement based on findings that the applicant has demonstrated compliance with the
following variance criteria.
1.) That special conditions and circumstances exist which are peculiar to the land, structure, or
building involved which are not applicable to other lands, structures or buildings;
The literal interpretation of the City Code would deprive the applicant of rights commonly
enjoyed by other properties in the same district under the terms of Chapter 10;
That the special conditions and circumstances do not result from the actions of the applicant;
That granting the variance requested will not confer on the applicant any special privilege
that is denied by Chapter 10 to other lands, structures, or buildings in the same district. No
non-conforming use of neighboring lands, structures or building in the same district, and no
permitted or non-conforming use of lands, structures, or building in other districts shall be
considered grounds for the issuance of a variance.
7 Ayes; Nays, None.
2.)
3.)
4.)
Walgreens Site Plan-l017 Vermillion Street
Zoning Administrator Matt Weiland introduced the item. Bob Cunningham, on behalf of
Walgreens, explained the proposed truck usage, noting one truck per week would be anticipated for
Walgreens deliveries.
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Moved by Councilmember Hicks, seconded by Councilmember Yandrasits, to approve the
site plan for redevelopment of 1017 Vermillion Street as a Walgreens by Told Development
Company subject to the following conditions:
1.) Right in right out only access to 10th Street
2.) That the applicant be required to grant any necessary easements required to allow future
construction of a right turn lane along the property's Highway 61 Frontage and to modify the
radius of the Highway 61/10th Street intersection according to recommendations of
MN/DOT prior to issuance of any building permits for the project;
That the applicant obtain any required permits from MN/DOT for work associated with
developing the site as proposed and that the applicant comply with all MN/DOT design
requirements affecting Highway 61 and the proposed site access/egress from that roadway.
That costs associated with the closing of 11 th Street intersection be included as part of the
proj ect cost to be paid by the developer.
That costs associated with reconfiguring the Highway 55/61 intersection including changes
to signal locations and hardware shall be paid by the developer.
That the proposed site grading, utilities, and storm water plan be modified subject to the
approval of Public Works Director Tom Montgomery.
7 Ayes; Nays, None.
3.)
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6.)
Comments from Audience
Tim Rusch and Mike Hansel, from Koch Refining, outlined Koch's commitment to rectify
needed plant improvements.
Adjournment
Moved by Councilmember Simacek, seconded by Councilmember Riveness, to adjourn the
regular City Council meeting of April 6, 1998 at 8: 17 p.m. 7 Ayes; Nays, None.
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ATIEST: ~~ A~J
City CI rk
Mayor