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Home My WebLink About06-07-04 Hastings, Minnesota June 7, 2004 The City Council of the City of Hastings, Minnesota met in a regular meeting on Monday June 7, 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, Moratzka, Riveness, Schultz, and Yandrasits Members Absent: Councilmember Hicks 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; 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 May 17, 2004. Hearing nOne, the minutes were approved as presented. Consent Agenda Moved by Councilmember Riveness, seconded by Councilmember Moratzka, to approve the Consent Agenda as presented. 6 Ayes; Nays, None. 1. Pay Bills As Audited 2. Grand Excursion Transportation Agreement 3. Grand Excursion Master Agreement 4. Grand Excursion Insurance Program 5. Downtown Riverfront Redevelopment Committee 6. First Reading/Order Public Hearing-City Code Amendment #2004-20: Rezoning A to R-3: Vitt Property (13th & Tierney) 7. Approve Development Agreement-Schoolhouse Square 3rd Addition (9th and Vermillion Streets) 8. First Reading/Order Public Hearing-City Code Amendment #2004-29 - Adopt 6 MOnth Moratorium On Multiple Family Site Plan Approvals 9. First Reading/Order Public Hearing-City Code Amendment #2004-30: Amend City Code Section 11.07: Park Dedication Requirements 10. Resolution-20 Minute Parking Zone: Hastings Family Service 11. First Reading and Order Public Hearing-2004 Public Works Fee Schedule 12. Declare Excess Property-Engineering Department Plotter and Blueprint Machine 13. Approve Employment Agreement Amendment-HRA Director 14. Resolution-Hastings Downtown Business Association Raffle (September 18, 2004) Minutes of the Regular Meeting of June 7, 2004 Page 2 of 5 15. Resolution-Commercial Waste Haulers License (Armor Roll-Off Services, Inc.) 16. Joint Powers Agreement-Dakota County Drug Task Force (July 1- December 31,2004) 17. Approve Right-of-Way Acquisition Agreement-Armory 18. Interim Parks Superintendent Appointment 19. Rivertown Days Rodeo Event 20. Approve Massage Therapy License-Katie Lucking Public Hearing-City Code Amendment #2004-16: Rezoning A to R-3-Williams 2nd Addition (Whispering Lane & Featherstone Road) Mayor Werner opened the public hearing at 7:02 p.m. Planning Director Hinzman provided a brief background On the project. A comment by John Swanson, 1350 Featherstone Road, was read into the record. Mr. Swanson is cOncerned that the R-3 zOning will give the developer an opportunity to cOnstruct multiple family homes On the site. Hinzman stated that the zOning is consistent with the surrounding properties and that the builder is proposing single family homes on the site. Harold Featherstone requested a 15-foot conservation easement. The developer has already agreed to a 10-foot conservation easement, per Mr. Featherstone's earlier request. Larry Christianson, 275 Whispering Lane, questioned why the property could not be rezoned solely for single family development. Planning Director Hinzman stated that the R-3 designation is generally used in subdivisions, the proposed lots do not meet the R-1 minimum lot size, and the R-2 zOning designation has traditionally been used for properties developed prior to 1960. Hearing no further public comments, Mayor Werner closed the public hearing at 7:07 pm. Second Reading-City Code Amendment #2004-16: Rezoning A to R-3- Williams 2nd Addition (Whispering Lane & Featherstone Road) Councilmember Schultz requested clarification On the request for a 15 foot easement instead of the 10 foot easement. The developer stated that they have agreed to the request for a 10 foot easement, but would not agree On a 15 foot easement. Mr. Featherstone stated that he understood his request to be a total of 15 feet, with the 5 foot setback. Councilmember Yandrasits requested clarification On the action to rezone to a higher density. Moved by Councilmember Yandrasits, seconded by Councilmember Schultz to approve the code amendment, rezoning from A to R-2 (not R-3). 6 Ayes; Nays, nOne. Copy of ordinance on file. Public Hearing-Project 2004-4: 10th Street & Highway 61 Improvements Mayor Werner opened the public hearing at 7:17 p.m. Public Works Director MOntgomery stated that the project is estimated to cost $884,000. The Schoolhouse Square development will be assessed and estimated $564,000 Minutes of the Regular Meeting of June 7, 2004 Page 3 of 5 Hearing nO further public comments, Mayor Werner closed the public hearing at 7:19 pm. Resolution-Order Improvement: Project 2004-4: 10th Street & Highway 61 Improvements Moved by Councilmember Yandrasits, seconded by Councilmember Hazlet to approve the resolution as presented. 6 Ayes; Nays, nOne. Copy of resolution on file. Resolution-Approve Plans and Authorize Advertisement for Bid: 10th Street & Highway 61 Improvements Moved by Councilmember Yandrasits, seconded by Council member Riveness to approve the resolution as presented. 6 Ayes; Nays, nOne. Copy of resolution on file. Approve Engineering Department Human Asset and Succession Plan Mayor Werner suggested that staff review the ethics ordinance to ensure nO conflict of interest with David Gurney being hired as a consultant after he retires. Werner also suggested a sUnset provision On the Acting City Engineer position, in the case that the ACE doesn't pass the P.E. exam (after two successive attempts at the test, for example). Moved by Council member Moratzka, seconded by Council member Riveness to approve the plan as presented. 6 Ayes; Nays, nOne. Approve Job Description-Engineering Supervisor Moved by Council member Riveness, seconded by Council member Moratzka to approve the job description as presented. 6 Ayes; Nays, nOne. Well #3 Nitrate Levels-Request Authorization for Preliminary Water Treatment Study Approve Closure of Well #1 and Authorize Preparation of Plans and Specifications and Advertising for Bid Authorize Drilling of Test Well-Conzemius Park The Council discussed conducting a comprehensive City analysis of water supply and quality. Moved by Councilmember Moratzka, seconded by Council member Schultz to approve the closure of Well #1 as requested, hold off On authorizing a test well at Conzemius Park, and develop a comprehensive water study. 6 Ayes; Nays, nOne. Resolution-Variance #2004-24: Paul Sorenson (806 19th Street West) Moved by Council member Yandrasits, seconded by Councilmember Hazlet to approve the variance as presented. 6 Ayes; Nays, nOne. Copy of resolution on file. Minutes of the Regular Meeting of June 7, 2004 Page 4 of 5 Resolution-Minor SubdivisionNariance #2004-25: Kupser Lane Properties (1004/1008 Ramsey Street) Planning Director Hinzman stated that the Planning Commission recommended approval of both the minor subdivision and the variance. Staff is recommending denial of the variance, in that the applicant has the opportunity to create a condominium which would not require a variance. The applicant, Wendy Kupser, was asked why she is pursuing a variance rather than a condominium. She stated that two legal opinions recommended against creating a cOndominium. Moved by Councilmember Riveness, seconded by Councilmember Yandrasits, to approve the minor subdivision as recommended. 6 Ayes; Nays, nOne. Copy of resolution on file. Moved by Councilmember Riveness, seconded by Councilmember Moratzka to approve the variance as recommended by the Planning Commission. 6 Ayes; Nays, nOne. Copy of resolution on file. Resolution-Preliminary Plat/Final Plat/Site Plan #2004-26: Ry-Vic West (General Sieben Drive & Tierney Drive) Planning Director Hinzman stated that the Planning Commission has recommended approval of the two triplex homes as requested. Moved by Council member Schultz, seconded by Council member Riveness to approve the preliminary and final plat as presented. 6 Ayes; Nays, nOne. Copy of resolution on file. Moved by Council member Yandrasits, seconded by Councilmember Moratzka to approve the site plan as presented. 6 Ayes; Nays, nOne. Copy of resolution on file. Resolution-Special Use Permit/Site Plan #2004-22: Cornerstone Church (735 East 10th Street) Moved by Councilmember Riveness, seconded by Councilmember Yandrasits to approve the special use permit/site plan as presented. 6 Ayes; Nays, nOne. Copy of resolution on file. Siewert Apartment/Condo Building Update Planning Director Hinzman presented a letter from developer Todd Siewert, which stated that the 36-unit building in Riverwood will be owner-occupied. Appointment of Parks & Recreation Director City Administrator Osberg stated that after a comprehensive process, he is recommending the appointment of Barry Bernstein as Parks & Recreation Director, with an anticipated start date of July 12, 2004. Osberg thanked everyone who was part of the hiring process. Minutes of the Regular Meeting of June 7, 2004 Page 5 of5 Moved by Councilmember Moratzka, seconded by Council member Riveness to appoint Bernstein as the Parks & Recreation Director, effective July 12, 2004. First Reading & Schedule Public Hearing-Ordinance Amendments to Chapter 18 Regarding Certain Property Maintenance Requirements First Reading & Schedule Public Hearing-Ordinance Amendments to Chapter 8 Regarding Parking Regulations in Municipal Parking Lots and City Streets City Administrator Osberg stated that staff has worked over the last several mOnths to coordinate these two chapters with universal definitions and general agreement between the chapters regarding parking and storage of vehicles On both public and private property. Moved by Councilmember Yandrasits, seconded by Councilmember Hazlet to conduct the first reading and order a public hearing for Ordinance Amendments to Chapter 18 Regarding Certain Property Maintenance Requirements On June 21, 2004. 6 Ayes; Nays, nOne. Moved by Council member Moratzka, seconded by Council member Yandrasits to conduct the first reading and order a public hearing for Ordinance Amendments to Chapter 8 Regarding Parking Regulations in MUnicipal Parking Lots and City Streets On June 21, 2004. 6 Ayes; Nays, nOne. Adjournment Moved by Councilmember Hazlet, seconded by Councilmember Moratzka to adjourn the meeting at 8:25 p.m. 6 Ayes; Nays, NOne. ~ ATTEST ~~ City Clerk Mayor