HomeMy WebLinkAbout09-07-04
Hastings, Minnesota
September 7,2004
The City Council of the City of Hastings, Minnesota met in a regular meeting
on Tuesday September 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, Hicks,
Moratzka, Riveness, and Schultz
Members Absent: Councilmember Yandrasits
Staff Members Present: Administrative AssistanUCity Clerk Melanie Mesko Lee;
City Attorney Shawn Moynihan;
Planning Director John Hinzman;
Parks & Recreation Director Barry Bernstein;
Public Works Director Tom Montgomery;
Interim Finance Director Charlene Stark
Approval of Minutes
Mayor Werner asked if there were any corrections or additions to the minutes
of the regular meeting of August 16, 2004. The minutes were approved as
presented.
Council Items to be Considered:
Moved by Councilmember Riveness, seconded by Council member Schultz to
add request for transfer of funds for building maintenance as Item #11 of the Consent
Agenda.
6 Ayes; Nays, none.
Youth Recycling Award-Boy Scout Troop #23
Randy Triplett presented a check in the amount of $661.50 to the Boy Scout troop
leader. The next group will be Girl Scout Troop #1335.
Consent Agenda
Moved by Councilmember Moratzka, seconded by Councilmember Riveness,
to approve the Consent Agenda as presented
6 Ayes; Nays, None.
1. Pay Bills As Audited
2. Margie Reuter Fence Agreement
3. Resolution-Approve One-Day Raffle Permit (Hastings Hockey Boosters) at
Hastings Civic Arena on December 4, 2004
4. First Reading/Order Public Hearing-Annexation #2004-51: South Frontage
Road (0.5 acres)
5. Amend Resolution-Site Plan Review #2004-23: Riverwood ih Addition (MW
Johnson)
Minutes of the Regular Meeting of September 7. 2004
Page 2 of 6
6. Amend Resolution-Site Plan Review #2004-24: South Oaks of Hastings 2nd
Addition (MW Johnson)
7. Approve Subrecepient Agreement-CDBG Agreements (Dakota CDA)
8. Resolution-Adopt Home Occupation Fees
9. Accept Resignation of Building Official
10. Approve Extension of Unpaid Leave of Absence
11. Approve Fund Transfer-Facility Maintenance
Public Hearing-City Code Amendment #2004-43-Accessory Structures
Mayor Werner opened the public hearing at 7:03 p.m.
Planning Director Hinzman stated that the proposed changes are to permit
property owners with detached garages the ability to have up to two accessory
structures, up to a maximum of 1,000 s.f. between both buildings. The planning
commission recommended approval of the ordinance amendment.
Hearing no further public comments, Mayor Werner closed the public hearing
at 7:05 p.m.
Second Reading/Ordinance Amendment-City Code Amendment #2004-43:
Accessory Structures
Moved by Councilmember Hicks, seconded by Council member Moratzka to
approve the ordinance amendment as presented.
6 Ayes; Nays, none.
Copy of ordinance on file.
Appeal Restriction of Fencin~ in Ponding Basin Easement-1336 Eagle Bluff
Drive (tabled from August 2n meeting)
Public Works Director Montgomery stated that staff recommends denial of the
request to install a fence in the easement. The City's concern is with accessibility,
and trees and other plantings, in addition to fencing, preventing access.
Rich Myklebust, 1336 Eagle Bluff Drive, stated that he feels that the City's
easement encroaches too much on his property, making a large part of it unusable.
Mayor Werner stated that an easement is there for a reason; the homeowner
should be upset with the developer for not being more honest about the lot sizes and
easements on lots.
Moved by Councilmember Hazlet, seconded by Council member Schultz to
approve staff's recommendation for denial of appeal and recommend that the issue
of easements and acceptable items located in an easement be referred to a
committee of the Council.
4 Ayes; Nays, three; Councilmember Riveness and Mayor Werner voted against.
The motion fails and staff recommendation stands.
Appeal Removal of Landscape Retaining Wall and Fill in Ponding Basin-1328
Eagle Bluff Drive (tabled from August 2nd meeting)
Public Works Director Montgomery stated that staff recommends that the
landscape retaining wall be ordered removed. While the amount of fill moved may
Minutes of the Regular Meeting of September 7,2004
Page 3 of 6
not appreciably affect the stormwater ponding capacity, Montgomery expressed
concern over setting a precedent if this is allowed.
Don Hartinger, 1328 Eagle Bluff Drive, offered to regrade the lot at his own
cost to mitigate any changes that occurred as a result of the retaining wall.
Moved by Councilmember Hazlet to allow a variance permitting Mr. Hartinger
to retain the retaining wall with the condition that Mr. Hartinger regrade and the
minutes reflect that unique circumstances allow for this approval and it does not set a
precedent. Motion failed for lack of second.
Moved by Councilmember Hicks, seconded by Mayor Werner to uphold staff's
recommendation to remove the landscape retaining wall.
6 Ayes; Nays, none.
Resolution-Variance #2004-47: Front Yard Setback at 532 7th Street West
(Kenneth Warner, Jr.)
Moved by Council member Hicks, seconded by Council member Riveness to
approve the variance as presented.
6 Ayes; Nays, none.
Copy of resolution on file.
Resolution-Site Plan Review #2004-21: Whispering Lane Condominiums at
Whispering Lane and Crestview (Lawrence Builders)
Planning Director Hinzman gave a brief history of this background of the
project. The Planning Commission recommended denial of the site plan on a 4-1-1
vote, stating that the site plan does not meet landscaping and berming conditions
and that increased traffic from the development would cause a negative effect on the
neighborhood.
Staff recommends approval of the site plan with conditions.
Hinzman stated that the Planning Committee of the Council met with the
developer and directed the applicant to provide further materials changes to segment
the building and further landscape screening. In response, the applicant has
provided new materials and finishes and has added significant trees to the site plan.
Hinzman stated that the applicant has granted an extension of the 60-day
approval deadline until 5:00 p.m. on September 8, 2004.
City Attorney Moynihan stated that on August 2, 2004, the City Council voted
to table the issue of denial of the site plan.
Moved by Councilmember Moratzka, seconded by Councilmember Riveness
to remove the item from the table.
6 Ayes; Nays, none.
The motion from August 2, made by Councilmember Hicks, seconded by
Councilmember Hazlet to deny the site plan based on findings of fact as outlined by
the Planning Commission, and also those findings contained in the draft written
resolution before the Council, was on the table for action.
Roll Call Vote was taken.
Ayes: Councilmembers Hazlet and Hicks
Nays: Councilmembers Moratzka, Schultz, Riveness and Mayor Werner.
Minutes of the Regular Meeting of September 7, 2004
Page 4 of G
Motion to deny not approved.
Councilmember Moratzka questioned Hinzman on the results of the traffic
study update. Hinzman stated that the revised study included high school traffic
counts and found that the level of service would remain the same.
Councilmember Moratzka questioned why the City could not rezone the
property to single family zoning. Moynihan stated that would be considered a down-
zoning and thus a taking of property without compensating the property owner if the
property owner did not approve of the zoning classification change.
Council member Schultz questioned the result of litigation on this issue.
Moynihan stated that should the Council deny the site plan, it would need to adopt
the written findings of fact that were before the Council. If the applicant chooses
litigation to appeal the findings of fact, a judge or jury evaluates the strength of the
findings of fact and would then rule whether the City lawfully denied the site plan.
Mayor Werner stated that it would be a show of good faith by the developer to
extend the timeline longer than September 8, 2004.
The Council discussed the possible findings of fact and procedural issues.
Moved by Councilmember Moratzka, seconded by Councilmember Riveness
to approve the site plan with the conditions presented by the Planning Director,
including the additional berming and landscaping and the new exterior materials as
proposed and that the landscaping of the project be done first.
Roll Call Vote Was Taken.
Ayes: Councilmembers Moratzka and Riveness.
Nays: Councilmembers Schultz, Hazlet, Hicks, and Mayor Werner.
Motion to approve site plan not approved.
Moved by Mayor Werner, seconded by Councilmember Hicks to reconsider
the denial of the site plan. A motion to reconsider a previous vote can be made by a
member who voted on the prevailing site of the previous vote.
6 Ayes; Nays, none.
Moved by Councilmember Hazlet, seconded by Councilmember Hicks to deny
the site plan based on the written findings of fact as presented to the City Council at
their August 2, 2004 City Council meeting.
Moved by Council member Hazlet, seconded by Councilmember Hicks to
amend the above resolution to include as part of the findings of fact that the Property
values of the condos will impact the property value of the surrounding properties
negatively.
Roll Call Vote was taken.
Ayes: Councilmembers Schultz, Riveness, Hazlet, Hicks and Mayor Werner.
Nays: Councilmember Moratzka.
The motion was amended.
Roll Call Vote was taken on the amended motion to deny the site plan with the written
findings of fact as outlined.
Roll Call Vote was taken.
Ayes: Council members Schultz, Hazlet, Hicks and Mayor Werner.
Nays: Councilmembers Moratzka and Riveness
Site Plan is denied.
Minutes of the Regular Meeting of September 7, 2004
Page 5 ofG
Resolution-Preliminary and Final Plat #2004-44: Glendale Heights 3rd Addition
(Ryan Contracting)
Planning Director Hinzman stated that the planning commission recommends
approval on a 5-1-1 vote. There was discussion over the changes in the types of
homes proposed on the site. It was suggested that sign age be placed on the two
outlots planned for apartment buildings, informing the neighborhood of future
development potential.
Moved by Councilmember Moratzka, seconded by Councilmember Schultz to
approve the preliminary and final plat as presented.
6 Ayes; Nays, none.
Copy of resolution on file.
Award of Bid-Park Shelter Buildings
Parks & Recreation Director Bernstein requested direction on construction of
shelter buildings at either Lions Parks, Wallin Park, both parks, or neither park in
2004 and/or 2005. Bernstein stated that the NRRC has recommended that Wallin
Park shelter building be built in 2004 and Lions Park building be built in 2005. The
Parks and Recreation Committee of the Council recommended that the Lions Park
building be built in 2004, using some donations by the Lions, and that Wallin Park be
possibly constructed in 2005. Bernstein stated that currently there is not enough park
dedication funds in Ward 2 (Lions Park) to construct a shelter building in 2004. There
are sufficient park dedication funds in Ward 4 (Wallin Park) to construct a shelter
building in 2004. Park dedication funds cannot be transferred across wards.
Moved by Council member Moratzka, seconded by Councilmember Riveness
to solicit bids for two shelters, with Wallin Park shelter to be built in 2004 and should
the Lions agree to donate $35,000 over a period of five years, that Lions Park shelter
also be built in 2004.
6 Ayes; Nays, None.
Resolutions-2005 Preliminary Budget
2005 Proposed City Budget
Moved by Councilmember Hicks, seconded by Councilmember Moratzka to
approve the proposed City budget.
6 Ayes; Nays, none.
Resolution on file.
2005 Proposed City Property Tax Levy
Moved by Council member Hicks, seconded by Councilmember Hazlet to approve
the property tax levy.
6 Ayes; Nays, none.
Resolution on file.
Minutes of the Regular Meeting of September 7, 2004
Page G ofG
2005 HRA Tax Levy
Moved by Councilmember Hicks, seconded by Councilmember Moratzka to
approve the proposed HRA Tax Levy.
6 Ayes; Nays, none.
Resolution on file
Set Truth in Taxation Public Hearing Dates
Moved by Council member Hazlet, seconded by Councilmember Riveness to
approve the Truth in Taxation Public Hearing Dates.
6 Ayes; Nays, none.
Resolution on file
Approve Debt Management Policy
Moved by Council member Hicks, seconded by Councilmember Riveness to
approve the Debt Management Policy.
6 Ayes; Nays, none.
Policy on file
Adjournment
Moved by Councilmember Riveness, seconded by Councilmember Hazlet to
adjourn the meeting at 8:58 p.m.
6 Ayes; Nays, None.
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ATTEST
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City Clerk
Mayor