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HomeMy WebLinkAbout01-03-95Hastings, Minnesota January 3, 1.995 The City Council of the City of ]Castings, Minnesota met in a regular meeting on Tuesday, January 3, 1995 at :00 p.m. in the City Hall Council Chambers, 101 4th St. East, Hastings, Minnesota. City Clerk Barb Thompson swore in the newly elected officials; Mayor Mike Wemer, Councilmember At-Large Paul Hicks and Lynn Mo ratz a. Mem er Present: Councilmember Riveness, Warner, Johnson, Simacel , Hicks, Moratla and Mayor Werner Members Absent: None Staff Members er Present: Dave osber , City Administrator; Barb Thompson, City Clerk; Mile Wozniak, Community Development Director; Nick Wasylil , Police Chief; Lori Webster, Finance Director; and Shawn Moynihan, City Attorney Mayor Werner asked if there were any corrections or additions to the APPROVAL minutes to the regular meeting of December 19, 1994, and hearing none declared of them approved as presented. MINUTES Moved by Councilmember Sima el , seconded by Councilmember CONSENT Hicks to approve the consent agenda upon moving Items 9, 10, 11, 12 & 13 AGENDA to City Administrator Agenda as Item: 6. Special Use Permit Renewal - Co=ercial Asphalt Plant 7. Special Use Permit Renewal - Soil Processing - Barton Sand & Gravel S. City of Red wing - Fire Service Mutual Agreement 9. Special Request for Use of Police Training Room and Range 10. Contract for Backup Transit Drivers CONSENT AGENDA: 1. Pay all bills as audited 2. Set Washington County Board of Review - may 15, 1995 at 6:30 p.m. .3. Resolution loo. 1 -9 - Designating Authority & Depository, and the RES. No. 1-9 Supplemental D epositories 4. Resolution No. 9 - Designating official Newspaper RES. No, 2 -9 5. Resolution No. 9 - Re-Appoint City Treasurer & Deputy City Treasurer RES. NO. -9 6. Energy Commission Re-Appointments: Bill Wendl r & Russ Priewert 7. Hone Occupation - 422 West 4th Street - T. Aasland 8. Site Plan - Wallin Addition Towniomes 9. Special Use Permit Renewal - Commercial asphalt Plant (Moved to City Admi Item No. 6 10. Special Use Permit Renewal - Soil Processing Barton Sand & Gravel ( Move d to City A Item No. 7 11. City of Red Wing Fire Service Mutual Agreement Moved to City Administrator Item No. 8 12. Special Request for Use of Police 'Training Room and Range (Moored to City Administrator Item No. 9 13. Contract for Backup Transit Drivers (loved to City Administrator Item No. 10 14. resolution loo. 4-9 Transfer of 1994 Funds & Closing of Accounts RES. NO. 4-95 15. Commercial Solid Waste auler's License - Lightning Disposal, Inc. 16. Renew 1995 Cigarette License Eddy's Pharmacy Karp en's Kabaret Ho of Wines Hudson Mf Company Page Freedom value Center Hastings Conoco County Market Thrifty White Drug - Midtown Thrifty white Drag - westview Clark oil Station Super Store - vermillion Street Super Store - Highway Friar Tucks Roadside Pump & Grocery Buccaneer Bowling Center Wal-Mart The Bar Reissner's Midtown Food Center westview Liquor Hastings Marine Liquor Locher, Inc. River's Bar & Grill Rivertown. Liquors Croix oil DBA Mobil Mart Short Stop Liquors Ayes; rays, None. V.F.W. Club Hastings Country Club Bierstube McCabe's Pub American Legion Club Papa Charrito s Con .Agra, Inc. Dakota Co. ]Le cng Center Eagles RYs Tavern On Main Moved by Councilmember warner, seconded by Councilmember Johnson to add to the City Administrator agenda., Item No. 11. Fearing Lawsuit (closed door). 7 Ayes; rays, None. Mayor w rmr opened the Public Hearing at 7:05 p.m. to consider an Ordinance of the City of Hastings deleting in its entirety, current City Code Charter 3, entitled Beer, Liquor and wine Licensing Regulation, and replacing with a new Chapter , entitled, Alcoholic Beverage Regulation and providing penalties for violations. Mayor Werner asked if anyone wished to spear on the issue, no one wished to do so. This public hearing is continued. Moved by Councilmember Sim cel , seconded by Councilmember Rivenes to approve the 1 st Reading and order a public hearing for January 17, 1 995 on a request from Community rational Bank for a comprehensive plain amendment from Urban Residential II to Commercial for approximately 2. acres at Vermillion and 3 6th Streets; also a request to rezone from Agriculture to C -2. This motion includes the request to rezone from Agriculture to R-3 for approximately 6.9 acres located south of 36th Street and west of Cari Par Addition., as approved by the Planning Commission with the following reco=endation: 1. Approve the rezone from Agriculture to R- for the entire property based ,Tan ary 3, 1995 ADDENDUM TO CITY ADMIX AGENDA P.H.-LIQUOR RD, REVISIONS ( CONTINUED ) IST READING -ORDER P.H. COMP PLAN AMEND on findings that the R -3 designation is consistent with the comprehensive plan. 2. Deny the comprehensive plan amendment from Urban Residential 11 to Commercial based on findings that the Commercial designation is inconsistent with the comprehensive plant. 3. Deny the rezone from Agriculture to C -2 based on findings that the C -2 designation is inconsistent with the comprehensive plan.. Ayes; Nays, None. Page 3 Moved by C uncilmez ber Johnson, seconded by C uncilmember Warner to approve Mayor Werner' s recommendation that C uncilmember Hicks be named Acting Mayor r for 1995. 7 Ayes; bays, None. Mayor Wemer presented to Council the 1995 Council C =ittees for their review. Formal action will be taken on January 17, 1995. Moved by Cou.ncilrnember Hicks, seconded by Councilmember Warner to table the 2nd Reading of the Liquor Ordinance Amendment, Chapter 3, to the Council meeting of Tuesday, January 17, 1995 and continue the public hearing to that date. 7 Ayes; lays, None. Moved by Councilmember Hicks, seconded by Councilme ber iveness to adopt Resolution No. 5 -95 regarding the Dual Tracy Airport Planning Process. 7 Ayes; lays, lone. Copy of resolution on file. To action was taken at this time to schedule the 1995 City Council- Staff Workshop. Moved by Cou.ncilmember Riveness, seconded by C u.n ilmernbear Varner to approve the renewal for a special use permit for a hot asphalt plant to Commercial Asphalt subject to the following conditions: A. Expiration of the permit shall be December 31, 1995. B. All PCA requirements shall be met and all permits received prior to the operation of the plant. C. The site must be watered as necessary to control dust. D. Prior to commencing operation of the plant, the applicant shall provide the city with the necessary insurance certificates and a performance bond in the amount of $25,000. January 3, 1995 ACTING BUY OR- PAUL HICKS 1995 COMMITTEES TABLE 2N1 READ LIQUOR REVISIONS RES. N. 5-95 DUAL TRACK AIRPORT 9 . C U CI STAFF WORKSHOP SPECIAL USE- PERMIT RENEWALS E. The site of the temporary asphalt plant shall be at an elevation of not less than 694. This requirement includes that the bottom of the spill basin shall also be at an elevation of not less than 694. F. The aggregate stockpile shall be maintained as shown on the site plan for screening poses. Also, it is strongly encouraged that the stockpile be wrapped around the front of the site as much as possible in order to provide effective screening. G. That all requirements of city code pertaining to temporary asphalt plants be attached as conditions for permit approval and be adhered to by the applicant. H. The applicant shall file with the Deal fire authority a material safety data sheet for a flammable combustible liquid storage permit. I. That the conditions for approval be strictly enforced. J. Hours of operation shall be from 6:00 a. m. to 6:00 p.m., however no hauling may begin before 7:00 a.m. Included in this motion is the approval of a renewal of a Soil Processing Permit for Barton Sand & Gravel for the period of January 1, 1995 to December 31, 1995 subject to the following conditions: Barton. Sand & Gravel Company is permitted to operate a soil processing operation on land described at Exhibit A and pursuant to the most recent information submitted as well as provided during the original application in 1984 and in 1987 are still in effect as well as the following: a. The site is to be restored, upon completion of the mining operation, pursuant to the plans provided to the city during the original application in 1984 and pit expansion proposal in 1987. b. Operating hours are not to be in excess of 7:00 am. to 6:00 p.m.,Monday-Saturday except holidays. In eases of emergency Barton Sand & Gravel may operate during hotus other than those noted upon approval by the City Administrator. Page January 3, 1995 e. Barton Sand & Gravel Company shall refrain from using West 1 oth Street between Trunk Highway 61 and Trunk Highway 55 for hauling poses. d. The City of Hastings shall be informed of the results of the most recent inspection of the Barton Sand & Gravel pit as made by th.e Bureau of Mines. . Barton Sand & gravel Company shall provide to the city within 10 days after City Council approval of the permit, .and before work begins an irrevocable bond or other form of security acceptable to the city in an amount of $25,000 for the estimated cost of restoring the site covered by the soil pursuant to City Code (see enclosed Surety bond endorsement). f. Prior to January 1, 1995, Barton Sand & Gravel Company shall provide to the City a liability insurance policy or certificate of insurance from an insurance company authorized to write casualty insurance in the State of Minnesota as will protect the applicant, its agents and the city from claims for bodily injury, death or property damage which may arise from the operations under the soil processing permit. The amounts of the insurance shall not be less than that which is required by City Code. (See enclosed Certificate of Insurance). g. As a part of the renewal of the soil processing permit in December ember 1995, the applicant shall provide a proposal which illustrates a plan for the complete restoration of the pit. This plan shall include time lines and phasing of the proposed restoration (see enclosed plan). Ayes; Nays, lone. Moved by Councilmember Sima el , seconded by Councilmember FIRE SERVICE Moratzka to approve the Mutual Aid Agreement with City of Red Wing for NWT AL providing fire protection services to the City of Hastings. 7 Ayes; lays, lone. AGREENMNT Moved by Councilmember Hicks, seconded by Councilmember ALLOW USE Simacek to approve the request from the Dakota County Technical College PD RANGE/ to use the Hastings Police Department Training Room and Hastings Range Roots to provide the Firearms Instructors Course in 1995. 6 Ayes; lays, Warner. Moved by Councilmember Johnson, seconded by Councilmember BACKUP Simacek directing staff to eater into a contract with the Hastings Bus Company TRANSIT to provide backup driver service with the following understandiELg: DRIERS 1. The rate charge to the City by the Hastings Bus Company will not exceed $14.69 per hour. The Hastings Bus Company shell provide at least 60 days notice of any rate increase. Any rate increase shall require approval by the Hastings City Council. 2. The Hastings Bus Company afire s to have available, any time during normal TRAC business hours, a backup driver. The Hastings Bus Company shall assign no more than six backup transit drivers to the TC program, 3. All drivers shall have a valid Commercial Drivers License, driver physical, and successful completion ofmandatory drug testing. 4. Any other requirements deemed necessary by the City. 7 Ayes; Nays, None. Cindy Hoffman, representing the Hastings Area Chamber of Commerce, RECoG- presented retired Councilmember Fred Trautm with a plaque recognizing NITION of his yews of service and dedication to the community. FRED T AI TMAN Mayor Werner presented Mr. Trautm with a framed souvenir of the dedication and open house of the new Public Square Facilities on December I I 1993, and also a plaque from the City Council for his services on behalf of the City as Councilmember beginning in 1976 through 1 994. Page January 3, 1995 Mayor Wexner acknowledged the contribution from Minnegasco of DONATION $30 donated to the Fire Department to be used for equipment. Moved by Councilrne ber Warner, seconded by Couucilmexnber ADJOURN T Ri eness to adjourn to a closed door session regarding the Fearing Lawsuit CLOSED at 7:48 p.m. 7 Ayes; Nays, None. DOOR SESSION Mayor Werner reopened the regular Council meeting at 8:27 p.m. Moved by Cou cilmenaber Simaeel , seconded by Cou cilmemb r Hicks ADJOURN- to addourn the regular Council meeting at :2 . p. . 7 Ayes; Nays, None. ANT r' ATTEST fw dp r Mayor City Clerk