HomeMy WebLinkAbout05-03-04
Hastings, Minnesota
May 3. 2004
The City Council of the City of Hastings, Minnesota met in a regular meeting
on Monday May 3, 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 Hicks,
Moratzka, Riveness, Schultz, and Yandrasits
Members Absent:
Councilmember Hazlet
Staff Members Present:
City Administrator David Osberg;
Administrative AssistanUCity Clerk Melanie Mesko Lee;
City Attorney Shawn Moynihan;
Planning Director John Hinzman;
Planning Director Tom Montgomery;
HRA Director John Grossman
Approval of Minutes
Mayor Werner asked if there were any corrections or additions to the minutes
of the regular meeting of April 19, 2004. Hearing none, the minutes were approved
as presented.
Council Items to be Considered
Mayor Werner noted that Consent Item 12: Approve Development
Agreement-Schoolhouse Square 3rd Addition and Planning Item 3: Discuss
Parkland Dedication Fees, have been requested to be pulled from the agenda.
Moved by Councilmember Yandrasits, seconded by Councilmember Riveness,
to remove the above items from the agenda as requested.
6 Ayes; Nays, None.
Consent Agenda
Moved by Council member Hicks, seconded by Councilmember Yandrasits, to
approve the Consent Agenda as amended.
6 Ayes; Nays, None.
1. Pay Bills As Audited
2. Resolution-Approve Massage Therapy License
3. Approve Temporary On-Sale Liquor License-American Legion Club Post #47
4. Approve Personnel Policy Section 4.35-Respectful Workplace Policy
5. Approve ICMA-RC Retiree Health Savings Plan Implementation for Non-Union
Employees
Resolution-Revoke Special Use Permit #2003-23: Jiffy Gas Station, 1501
Vermillion Street (Abdifatah Ali)
Authorize Use of Featherstone Ponding Basin for Grand Excursion Event
Balloon Launch-July 2 and July 3, 2004
Approve Land Subsidy AgreemenUProperty Sale-Eischen Cabinets: Lot 3,
Block 1, Hastings Industrial Park No.6
Proclamation-Youth Week
6.
7.
8.
9.
Minutes of the Regular Meeting of May 3, 2004
Page2of4
10.
11.
12.
13.
14.
2004 Budget Adjustments
Resolution-Discontinue LMCIT Sewer Back-up Coverage
Approve Development Agreement-Schoolhouse Square 3rd Addition
Approve Final Pay Estimate of $10,730.25 to Alpha Video and Audio, Inc.
Approval of 2004/2005 49'ers Union Labor Agreement
Award Contract to NewMech Companies Inc.-Refrigeration System at Civic
Arena
Moved by Councilmember Moratzka, seconded by Councilmember Rivenessto
award the contract in the amount of $264,400.
5 Ayes; Nays, none.
Copy of resolution on file.
Resolution-Award Contract for Project 2004-1: Westwood Area Street and
Utility Improvements
Moved by Councilmember Riveness, seconded by Council member Schultz to
award the contract to Three Rivers in the amount of $2,165,738.25.
5 Ayes; Nays, none.
Copy of resolution on file.
Resolution-Award Contract for Project 2004-2: East 31st Street and Utility
Improvements
Moved by Council member Yandrasits, seconded by Councilmember Moratzka
to award the contract to A-1 Excavating in the amount of $994,901.25.
5 Ayes; Nays, None.
Copy of resolution on file.
Public Hearing-On-Sale Liquor License Fee Increase
Mayor Werner opened the public hearing at 7:04 p.m.
Administrative AssistanUCity Clerk Mesko Lee stated that 30 days notification
of the proposed fee increase has been provided to all licensees, as provided by law.
No one has contacted the City with comments on the proposed fee increases.
Hearing no further comment, Mayor Werner closed the public hearing at 7:05
p.m.
Resolution-On-Sale Liquor License Fee Increase
Councilmember Moratzka clarified that all licensees have been notified and no
comments have been received. Mesko Lee stated that all licensees were sent a
packet of information, informing them of the request before Council to increase fees
and that no mailings had been returned and no comments have been received.
Moved by Councilmember Riveness, seconded by Council member Yandrasits
to approve the resolution as presented.
6 Ayes; Nays, None.
Copy of resolution on file.
Public Hearing-City Code Amendment #2004-02: Home Occupation Ordinance
Mayor Werner opened the public hearing at 7:06 p.m.
Planning Director Hinzman stated that the proposed changes create a two-
tiered licensing approach, depending on the neighborhood impact of the home
Minutes of the Regular Meeting of May 3, 2004
Page30f4
occupation. The planning commission recommended approval of the ordinance
amendment on a 5-2 vote at its April 12, 2004 meeting.
Mary Anderson, 1501 4th Street East, requested consideration of a grandfather
clause that would allow current uses to remain.
Hearing no further comment, Mayor Werner closed the public hearing at 7: 1 0
p.m.
Second Reading/Ordinance Amendment-City Code Amendment #2004-02:
Home Occupation Ordinance
Hinzman stated that the ordinance amendment as written allows 90 days for
home occupations to come into compliance with the new regulations. He also stated
that home occupations are still permitted, but the intent is for them to be incidental
and subordinate to the nature of the neighborhood.
Mayor Werner questioned how many current home occupations would be in
violation of the proposed amendments. Hinzman estimated 40 home occupations.
Councilmember Yandrasits questioned whether a variance process was
available. Hinzman stated that is not proposed in the current amendment. City
Attorney Moynihan stated that should the Council desire a variance process, it should
be clearly defined in the Code.
Councilmember Schultz suggested lengthening the compliance timeline up to
one year.
Moved by Councilmember Schultz, seconded by Councilmember Moratzka to
approve the ordinance amendment as presented, with an amendment to allow up to
one year for current home occupations to come into compliance with the new
regulations.
6 Ayes; Nays, none.
Moved by Councilmember Hicks, seconded by Councilmember Moratzka to
reconsider the vote.
6 Ayes; Nays, none.
Councilmember Hicks stated that he would like the code amended to include a
standard which outlines a maximum percentage of the home that can be used for a
home occupation.
Councilmember Schultz questioned the parking regulations.
Councilmember Moratzka questioned whether a garage is considered an
accessory or part of the dwelling unit and how it falls under the regulations.
Mayor Werner stated that with so many remaining questions on the proposed
ordinance, it may be appropriate for the Planning Committee of the Council to further
review the changes.
Moved by Councilmember Hicks, seconded by Councilmember Yandrasits to
table the issue and refer to the Planning Committee for further discussion.
6 Ayes; Nays, none.
Resolution-Variance #2004-18: Sideyard Setback at 2112 Pine Street (Matthew
Freiermuth)
Moved by Council member Schultz, seconded by Councilmember Riveness to
approve the variance as presented.
6 Ayes; Nays, None.
Copy of resolution on file.
Minutes of the Regular Meeting of May 3, 2004
Page4of4
Market Study Presentation-GVA Marquette: Downtown Riverfront
Redevelopment
John Grossman stated that the market study has been completed and Steve
Sherf of GVA Marquette would provide some information on the study.
Mr. Sheff stated that hotel/restauranUbanquet facility development would likely
result in a financial shortfall. The economics of the project did not include land
acquisition costs. Mr. Sherf recommended other options to enhance the downtown
area. Jessica Cook of Ehlers Associates stated that the next step in the process is
for the report to be presented to the downtown redevelopment committee and at a
public informational meeting. Sherman Associates must also begin to prepare draft
redevelopment plans, using the information from the market study report, the open
house, and the downtown business meeting.
A copy of the report is available for public viewing at City Hall and the library
Moved by Councilmember Moratzka, seconded by Councilmember Yandrasits
to accept the report and forward the report to the downtown redevelopment
committee.
6 Ayes; Nays, none.
Resolution-Precinct Boundary Line Adjustments
Moved by Councilmember Yandrasits, seconded by Councilmember Riveness
to approve the resolution as presented with new precinct boundary lines for Precinct
1, Wards 2 and 3.
6 Ayes; Nays, None.
Copy of resolution on file.
Comments from the Audience
Tom Schmitz and Ret. Col. Tom Nesbitt requested Council consideration of
establishing a policy where streets are named in honor of Hastings natives who have
been killed in the line of combat.
This item was referred to the Planning Committee for further discussion.
Adjournment
Moved by Councilmember Riveness, seconded by Councilmember Schultz to
adjourn the meeting at 8:10 p.m.
6 Ayes; Nays, None.
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City Clerk
Mayor