HomeMy WebLinkAbout08-02-04
Hastings, Minnesota
August 2,2004
The City Council of the City of Hastings, Minnesota met in a regular meeting
on Monday August 2, 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 AssistanUCity Clerk Melanie Mesko Lee;
City Attorney Shawn Moynihan;
Planning Director John Hinzman;
Utilities Superintendent Jim Heusser;
Assistant City Engineer Nick Egger;
IT Director Stephanie Nornes
Approval of Minutes
Mayor Werner asked if there were any corrections or additions to the minutes
of the regular meeting of July 19,-2004. Hearing none, the minutes were approved
as presented.
Consent Agenda
Moved by Councilmember Hicks, seconded by Councilmember Riveness, to
approve the Consent Agenda as presented
7 Ayes; Nays, None.
1. Pay Bills As Audited
2. Budget Adjustment Request
3. Request Renewal of Audit Contract
4. Accept Water Quality and Production Study Proposal
5. Order Public Hearing-Vacation of Right-of-Way #2004-40: East Half of Forest
Street Adjacent to 418 West 2nd Street (Lori Duong)
6. Approve 2004 Building Fee Schedule
7. Resolution-Approve Gambling Permit for Regina Medical Center (October
24, 2004)
8. Approve Closing of Two Blocks for Downtown Business Association and Main
Street Festival on September 18, 2004
Award of Bid-Warming Shelter Buildings
City Administrator Osberg stated that the bids were received July 19, 2004
and came in over budgeted amount. Staff is requesting that the item be tabled until
the August 16, 2004 Council meeting to give staff a chance to meet with the NRRC
and the Planning Committee to determine a recommended action.
Minutes of the Regular Meeting of August 2, 2004
Page 2 of 5
Moved by Councilmember Riveness, seconded by Councilmember Moratzka
to table the item until August 16, 2004.
7 Ayes; Nays, None.
Public Hearing-Vacation of Right-of-Way #2004-36: West Half of Forest Street
Adjacent to 500 West 2nd Street (Robert Langenfeld)
Mayor Werner opened the public hearing at 7:02 p.m.
Planning Director Hinzman stated that the request is for the western 33 feet of
Forest Street. The resolution before the council will need to be ameded to reflect that
drainage and utility easements will be kept by the City. Hinzman stated that a similar
request by the property owner of 418 East 2nd Street. A public hearing for that
request has been scheduled for August 16, 2004. Staff recommends approval of the
request. .
Tim Wermager, attorney for Lori Duong, property owner of 418 East 2nd Street,
requested that this item be tabled until August 16, 2004 and that both requests for
right-of-way vacations be considered together.
Robert Langenfeld, the applicant, stated that he did not object to the Duong's
request and requested that the Council take action on his vacation request at this
meeting rather than tabling it until the August 16 meeting so he can begin
landscaping work.
Lori Duong, 418 East 2nd Street, stated that she did not make application for
vacation earlier because it had been previously denied by the Council when it
included entire vacation, including-ah alley vacation. She requested that the items be
considered at the same time. :
Hearing no further public comments, Mayor Werner closed the public hearing
at 7:06 p.m.
Resolution-Vacation of Right-of-Way #2004-36: West Half of Forest Street
Adjacent to 500 West 2nd Street (Robert Langenfeld)
Councilmember Moratzka questioned whether the easements would have an
impact on ability to landscape and water drainage issues. The applicant stated that
the landscaping would be minor and would not impact water drainage.
Councilmember Hicks stated support for both vacations and that he felt that
the Council should act on this vacation in the affirmative.
Moved by Councilmember Hicks, seconded by Councilmember Yandrasits to
approve the vacation of right-of-way as presented.
7 Ayes; Nays, None.
Copy of resolution on file.
Appeal Removal of Landscape Retaining Wall and Fill in Ponding Basin-1328
Eagle Bluff Drive
The applicant requested that this item be tabled until the September 9, 2004
City Council meeting.
Moved by Councilmember Moratzka, seconded by Councilmember Riveness
to table the item until September 9, 2004
Minutes of the Regular Meeting of August 2, 2004
Page 3 of 5
7 Ayes; Nays, none.
Appeal Restriction of Fencing in Ponding Basin Easement-1336 Eagle Bluff
Drive
Moved by Councilmember Moratzka, seconded by Councilmember Riveness
to table the item until September 9, 2004.
Roll Call Vote was taken.
4 Ayes; Nays, Councilmembers Hazlet, Yandrasits, and Hicks.
Resolution-Variance#2004-35: Sideyard Setback-1947 Ridge Lane (LeRoy
Finke)
The Council discussed the significant pine tree which would need to be
removed should approval be given. The applicant stated that the request for the
sideyard setback is for construction of a garage. That construction would not
necessitate the removal of the significant tree; the addition of a driveway would.
Councilmember Hicks noted that the tree policy is a guideline, not a
requirement.
Moved by Councilmember Riveness, seconded by Councilmember Hicks to
approve the variance with the additional condition that the City Forester review the
significant tree.
7 Ayes; Nays, none.
Copy of resolution on file.
,
,
Resolution-Variance #2004-38: Allow Projecting SignslExceed Maximum
Signage: Green Mill/Dunn Brothers Building (Schoolhouse Square)
Planning Director Hinzman stated that the Planning Commission
recommended approval of the request for projecting signs 6-1 and staff is
recommending support. He stated that the Planning Commission recommended
approval of the request to exceed maximum signage 5-2 and staff does not have a
recommendation regarding that request. He stated that the applicant is attempting an
historic design and the signage request would exceed the 5% maximum but not
exceed 6%.
Councilmember Moratzka stated that this request is only for this parcel and
does not allow for or establish precedence for similar future requests in downtown,
the applicant's comparison, or along Vermillion Street, where the development is
located.
The Council also discussed the lighting on the sign.
Moved by Councilmember Hicks, seconded by Councilmember Yandrasits to
approve the request for projecting signage with the conditions set by the Planning
Commission and that any projecting sins not be backlit and that this approval not set
a precedence for other lands, structures, or buildings in the same district.
7 Ayes; Nays, none.
Copy of resolution on file.
Minutes of the Regular Meeting of August 2, 2004
Page 4 of 5
Resolution-Site Plan #2004-21: Whispering Lane Condominiums (Lawrence
Builders)
Planning Director Hinzman stated that on July 6, 2004, the City Council
directed staff to develop a resolution with findings of fact for denial of the project
based the following conditions:
1. The site plan does not meet the landscaping and berming conditions
placed upon the 1986 Preliminary Plat approval; and
2. Increase in traffic from the development would cause a negative effect
on the neighborhood.
Dave Harris, architect for the applicant, questioned what other things the
applicant could have done to receive approval by the City Council for this project. He
stated that all City Codes and conditions of the 1986 agreement with the City have
been complied with.
Council member Moratzka questioned whether the project could fit better with
the neighborhood if some additional architectural appearances would be
implemented to better fit in with the surrounding neighborhood.
Councilmember Hicks stated that the neighborhood is different than it was in
1986, when the preliminary plat was approved by the Council.
Moved by Council member Hazlet, seconded by Councilmember Hicks to approve the
resolution with findings of fact to deny the project.
Council member Yandrasits stated that she would vote against the denial. She
stated that the City entered into an agreement with the property owner and it should
be honored. She stated that she felt the findings of fact presented were not sound.
City Attomey Moynihan stated that finding of fact must have legal reasons to
support it.
Councilmember Hazlet questioned whether the project could be further
buffered form the neighborhood. He also stated concern with the traffic, current and
projected levels.
Council member Hicks stated support for the resolution establishing findings of
fact.
Mayor Wemer stated that the Council is elected to represent the City as a
whole and the City's good. He stated that he did not feel that the project as
presented does that. He also stated that the City must be aware of legal reasons for
denial of a project to ensure that the City does not enter needlessly into litigation. He
supported a meeting with the Planning Committee of the Council, City Staff, and the
applicant to try to find a compromise on the project.
Moved by Co unci I member Riveness, seconded by Councilmember Moratzka
to table the motion to deny and work with the applicant to find a compromise.
7 Ayes; Nays, none.
Resolution-Final Plat #2003-56: South Oaks of Hastings 3rd Addition (Greg
Jablonske)
This item was removed from the agenda at the applicant's request.
Minutes of the Regular Meeting of August 2, 2004
Page 5 of 5
Resolution-Final Plat #2004-37: Wallin 11th Addition (Wallin Ltd. Partnership)
Moved by Council member Yandrasits, seconded by Councilmember Schultz to
approve the resolution as presented.
7 Ayes; Nays, none.
Copy of resolution on file.
Resolution-Preliminary and Final Plat #2004-34: Regina Medical Addition
Moved by Council member Hazle!, seconded by Councilmember Yandrasits to
approve the resolution as presented.
7 Ayes; Nays, none.
Copy of resolution on file.
Authorize Advertisement for IT Staff Person
City Administrator Osberg stated that the City had previously budgeted for a
part-time IT person for 2003 and 2004. Due to the requirements of the position, staff
has not been able to hire a regular, part-time person to staff this position.
Additionally, Osberg outlined items that are not being completed because of
insufficient staff levels. He requested authorization to hire an IT staff person, ranging
from part-time to full-time status.
Moved by Councilmember Yandrasits, seconded by Councilmember Moratzka
to approve the request as presented.
7 Ayes; Nays, none. -' .
Copy of resolution on file.
Proposal for Consulting Engineering Services Relating to City Dock
City Administrator Osberg requested approval to hire Polaris Group to conduct
a feasibility study at a cost not to exceed $4,400.
Moved by Councilmember Yandrasits, seconded by Councilmember Hicks to
approve the request as presented.
7 Ayes; Nays, none.
Copy of resolution on file.
Adjournment
Moved by Councilmember Moratzka, seconded by Councilmember Riveness
to adjourn the meeting at 8:27 p.m.
7 Ayes; Nays, None.
~.
ATTEST
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City Clerk
Mayor