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Home My WebLink About04-05-04 Hastings, Minnesota April 5, 2004 The City Council of the City of Hastings, Minnesota met in a regular meeting on Monday April 5, 2004 at 7:00 p.m., in the City Hall Council Chambers at the Hastings City Hall, 101 East 4th, Street, Hastings, Minnesota. Members' Present: Mayor Mike Werner, City Councilmembers Hazlet, Hicks, Moratzka, Riveness, Schultz, and Yandrasits Members Absent: None Staff Members Present: City Administrator David Osberg; Administrative Assistant/City Clerk Melanie Mesko Lee; City Attorney Shawn Moynihan; Planning Director John Hinzman; Planning Director Tom Montgomery Approval of Minutes Mayor Werner asked if there were any corrections or additions to the minutes of the regular meeting of March 15, 2004 or the special meeting of March 29, 2004. Hearing none, the minutes were approved as presented. Consent Agenda Public Works Director Montgomery requested approval for an open house on April 13, 2004 and to schedule a special city council meeting on April 15, 2004 to discuss the Highway 316/1 oth Street construction project. Moved by Counçilmember Riveness, seconded by Councilmember Yandra§,i!§), to approve the Consent Agenda as amended. 7 Ayes; Nays, None. 1. 2. 3. 4. 5. 6. 7. 8. Pay Bills As Audited Approve Position Description and Salary Range Adjustment-Police Office Coordinator Position Approve Gambling License-American Legion Post #47 Approve Raffle Permit-Jack J. Jorgenson Charitable Trust Approve Tobacco License-Hastings Tobacco Approve Liquor License Amendment and Dance Permit-Papa Charrito's Certificate of Substantial Completion-Council Chambers A V System Special City Council Meeting-Thursday, April 8, 2004: GVA Marquette Advisors Downtown Redevelopment Market Study Authorization to Declare Civic Arena Property as Excess Approve Building Cleaning Contract Renewal 9. 10. Public Hearing-Liquor License Hearing Code Amendment ~",,";":::':"'::='::..:=:::.=:::c.,,::' Minutes of the Regular Meeting of April 5, 2004 Page 2 of 5 Mayor Werner opened the public hearing at 7:02 p.m. Administrative Assistant/City Clerk Mesko Lee stated that the proposed change would eliminate the 10 day publication requirement that currently is in city code but is not required by state statute. No one has commented on the proposed change. Hearing no other comments, Mayor Werner closed the public hearing at 7:03 p.m. Second Reading-Liquor License Hearing Code Amendment Moved by Councilmember Yandrasits, seconded by Councilmember Schultz to approve the code amendment as presented. 7 Ayes; Nays, None. Copy of ordinance on file. Public Hearing-Code of Ethics Code Amendment Mayor Werner opened the public hearing at 7:03 p.m. Administrative Assistant/City Clerk Mesko Lee stated that the proposed change would require completion of a code of ethics whenever a commissioner is appointed, when a councilmember is elected, and every four years for eligible staff. No one has commented on the proposed change. Hearing no other comments, Mayor Werner closed the public hearing at 7:04 p.m. Second Reading-Code of Ethics Code Amendment Moved by Councilmember Moratzka, seconded by Councilmember Riveness to approve the code amendment as presented. 7 Ayes; Nays, None. Copy of ordinance on file. Public Hearing-Dog License Ordinance Amendment Mayor Werner opened the public hearing at 7:04 p.m. Administrative Assistant/City Clerk Mesko Lee stated that the proposed change would change the dog license year to August 1 -July 31, annually, and allow licensees to renew licenses via mail. No one has commented on the proposed change. Hearing no other comments, Mayor Werner closed the public hearing at 7:04 p.m. Second Reading-Dog License Ordinance Amendment Moved by Councilmember Hazlet, seconded by Councilmember Moratzka to approve the code amendment as presented. 7 Ayes; Nays, None. Copy of ordinance on file. Resolutions Approving Plans and Authorizing Advertisement for Bids Resolution-2004-1: Westwood Area Public Works Director Montgomery stated that staff is recommending full watermain replacement instead of partial replacement, which was originally planned. , ,"'," . '"-, Minutes of the Regular Meeting of April 5, 2004 Page 3 of 5 Moved by Councilmember Hicks, seconded by Councilmember Yandrasits to approve the resolution as presented. 7 Ayes; Nays, None. Copy of resolution on file. Resolution-2004-2: East 31st Street Moved by Councilmember Hazlet, seconded by Councilmember Hicks to approve the resolution as presented. 7 Ayes; Nays, None. Copy of resolution on file. Resolution-2004-3: Vermillion River Trail & Highway 61 Underpass Moved by Councilmember Moratzka, seconded by Councilmem,ber Schultz to approve the resolution as presented. 7 Ayes; Nays, None. Copy of resolution on file. Resolution-Preliminary & Final Plat #2004-11: Schoolhouse Square 3rd Addition (Schoolhouse Partners) Planning Director Hinzman stated that the Planning Commission recommended approval of the preliminary and final plats at theÎr March 8, 2004 meeting. They recommended that park dedication fees be received in lieu of land and that the park area be developed as a passive park area. Moved by Councilmember Hicks, seconded by Councilmember Yandrasits to approve the resolution as presented. 7 Ayes; Nays, none. Copy of resolution on file. Resolution-Special Use Permit/Site Plan #204-12: Schoolhouse Square 3rd Condominium Building (Schoolhouse Partners) Councilmember Hicks stated that he would support the park qedication funds from this project being earmarked for park land acquisition at Ramsey and 7th Streets. Councilmember Moratzka expressed concern over vehicle storage on the property. Pat Regan, the applicant, stated that the site would prohibit long-term parking on the commercial property and it would also be prohibited in the town home and condominium by-laws. Mayor Werner expressed concern over the reduction in green space compared to the plan that was originally presented to the Council for approval. He also stated concern with proposed shared parking between the residential and commercial properties; if a commercial use changes which requires more parking, there may be resulting parking space issues. Councilmember Yandrasits also expressed concern with the amount of open space and the proposed location of the passive park area. Applicant Regan stated that the plan presented to the Council does not reflect a decrease by the applicant in proposed open space; it has been moved slightly or reductions in green space have occurred as a result of construction improvements along Vermillion and 10th Streets. He also stated that the plan has increased , -""""'" -" ""-",,-' '" -".",-,,~------ Minutes of the Regular Meeting of April 5, 2004 Page 4 of 5 landscaping in front of the town homes on 10th and Ramsey Streets. Regan stated that parking concerns can be addressed with the proposed phased development. Jeff Reddy, of Tushie Montgomery Architects clarified some of the landscape and green space questions. Council member Yandrasits stated support for additional green space in the interior of the development. Planning Director Hinzman stated that a condition of approval could be added which would require that any change in the use of the property cannot result in additional parking requirements without prior approval of the City Council. Moved by Councilmember Hicks, seconded by Councilmember Yandrasits to approve the resolution for a special use permit and site plan with the following conditions added: 1) Park Dedication funds shall be used for acquisition of green space in the first ward. Any change in use for any property within Schoolhouse Square shall not increase the need for parking beyond what was presented and approved by the City Council without the approval of the City Council. Language shall be added to the development agreement and covenants to further memorialize this condition 7 Ayes; Nays, none. Copy of resolution on file. 2) Proposal for Architectural Space Planning Service City Administrator Osberg requested approval for TKDA to be retained, at a cost not to exceed $10,000 to assist the City with space planning needs on the second floor of City Hall which has office space for the Planning, Engineering, and Building Safety departments. Moved by Councilmember Hicks, seconded by Councilmember Schultz to approve the proposal with a cap of $10,000. 7 Ayes; Nays, None. Approve Parks and Recreation Director Job Description and Authorize Advertisement for Applications Moved by Councilmember Hazlet, seconded by Councilmember Yandrasits to approve this process as presented. 7 Ayes; Nays, None. Approve E-Mail Disclosure Notice City Administrator Osberg recommended that the following disclosure be placed on all outgoing City e-mails: The information which is attached is being electronically submitted by the City of Hastings, is intended solely for the use and information of the individual or entity to which it is addressed, and may contain information which is privileged, confidential, and/or exempt from disclosure under applicable law. If the recipient of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this information in error, please .. '.. , " " ' " '" "'-" """"'-'-"""""""""""'-"'-.--""'" , Minutes of the Regular Meeting of April 5, 2004 Page 5 of 5 notify us immediately by contacting the City of Hastings and permanently deleting it from your computer. Thank you. Moved by Councilmember Moratzka, seconded by Councilmember Schultz to approve the disclosure as presented and direct a similar message to be included in all outgoing facsimiles. 7 Ayes; Nays, None. Copy of resolution on file. Lower St. Croix WMO Board Member City Administrator Osberg reminded the Council that the City is still looking for a member to serve on the board. Xcel Energy Power Line Burial Project ' City Administrator Osberg stated that, if approved, the project should be done before Rivertown Days and Grand Excursion 2004 events. Moved by Councilmember Hicks, seconded by Council member Moratzka to approve the project as presented. 7 Ayes; Nays, None. First Reading and Schedule Public Hearing-Grass and Weed Ordinance Amendment Osberg stated that as a result of the Special City Council meeting, a draft ordinance has been prepared, which reduces the compliance time from 7 days to 72 hours for grass and weed length. , Moved by Councilmember Hicks, seconded by Councilmember Schultz to approve the first reading and order a public hearing. 6Ayes; Nays, one-Councilmember Riveness voting against. Closed Door Session-Labor Union Contract Negotiations Open Door meeting adjourned at 8:27 p.m. Closed Door meeting convened at 8:28 p.m. Closed Door meeting adjourned at 8:48 p.m. Open Door meeting reconvened at 8:48 p.m. Adjournment Moved by Councilmember Moratzka, seconded by Councilmember Schultz to adjourn the meeting at 8:49 p.m. ~s, None. ---- Mayor ATTEST !j~tkþ City Clerk (