The URL can be used to link to this page

Home My WebLink About11-06-95Hastings, Minnesota November 6, x.995 The City Council of the City of Hastings, Minnesota met in a regular meeting on Monday, November 6, 1995 at 7:00 p.m. in the City lull Council Chambers, 101 4th Street East, Hastin Minnesota. Members Present: Councilmember Riveness, Varner, Simaccl , Moratzka and Mayor Werner Members Absent: Councilmemb r Johnson and Hicks Staff Members Present: Dave G berg, City Adnunx trator; Barb Thompson, City Clerk; Torn Montgomery, Public Works Director; Mike Wozniak, Community Development ]Director; and Shawn Moynihan, City Attorney Mr. Arnold Kvarn of The Lions Club presented the City with a $6,000.00 check for the lighting of the Lions Park Trull. Mayor Werner asked if there were any corrections or additions to the minutes of the regular meeting of October 16, 1995 and hearing none declared the minutes to be approved as presented. Moved by Councilmemb r Sima e , seconded by Coun ilmember Riveness. to adopt the consent agenda as listed. 1. Pay all bills as audited 2. Controlled Intersection Study 3. Use of Community Room for Proj ect Share - Fee waived 4. Order Public Hearing - Request to Vacate Part of Russell Street 5. Planning Conunissi n Reappointments - Bateman, Flom and Farrington as of 12 -31 -9 6. Hone occupation - 517 W. 4th Street 7. Horne occupation - 1961 Louis Bane 8. Resolution loo. 92 -9 - 1994 Improvement Program Assessment Abatement 9. Authorize Advertisement for Bids to farm Industrial Park Land 10. Pay Estimate #5 - 1995 Improvements - Richard Knutson, Inc.- $128,317.37 11. Resolution No. 93-95 - Adopt Assessment for Certification to County - 1007 Ramsey Street 12. resolution No. 94 -9 - Transfer Funds Ayes; Nays, None. Mayor Verner opened the Public Hearing at 7:06 p.m. to hear cor=ents on the proposal to rezone approximately 1 acre of property located next to and north of Tierney Drive f 0m Ag. to Low Density Residential -1, and a minor subdivision that will create two lots. The City Clerk provided proof of affidavit o f publication. Mayor Werner asked if anyone wished to spear on the issue, no one wished to do so. The Mayor closed the public hearing at 7:06 p.1. Mayor Werner opened the Public Hearing at 7 :09 p.m. to hear comments on the request for a preliminary /final plat for approximately 11.36 acres of property referred to as au.er' High Point. The City Clerk provided proof of affidavit of publication. The Mayor asked if anyone wished to spear on the issue, no one wished to do so. The Mayor closed the public hearing at 7:09 p.m. DONATION APPROVAL of MINUTES 1 E S, NO, 92 -9 RES. No. 93 -9 ES. N. -9 P.H.-REZONE/MINOR SUED. - 'TIERNE '" DR, P.H. -1 EZO E /BA ER'S HIGH POINT Page 2 November 6, 1995 Mayor Werner opened the Public Hearing at 7: p.m. to hear P,H, - CH, 5 - ADULT comments to an amendment to City Code Chapter 5 that would cause USE LICENSING SING the chapter to be revised to include definitions for Adult Uses and established licensing requirements. The City Clerk provided proof o affidavit of publication.. Mayor Werner asked if anyone wished to spear on the issue, no one wished to do so. The Mayor closed the public hearing at 7: 14 p.m. Mayor Werner opened the Public Hearing at 7:16 p.m. to hear P -2, - CH. 10 - ADULT continents on an amendment to City Code Chapter 10 pertaining to USE ORDINANCE regulation of Adult Uses. The City Clerk r i ed proof of affidavit � o f publications. The Mayor 1 e if anyone Wished to speak on the issue, no one wished to do so. The Mayor closed the public hearing at 7:16 p.m. Mayor Werner opened the Public Hearing at 7 p.m. to lies ,. - C. 5 - SEC. 5.70 - conunents regarding adoption of a n Ordinance, amending City Code SAUNA/MA Section 5.70 Sauna Parlor; Massage Parlor. The City Cleric provided proof of affi davit of publication. Mayor wemer asked if anyone wished to speak on the issue. Joan Seidl addressed Council in favor of this amenchnent. Mayor Werner asked if anyone else wished to spew on the issue, no one wished to do so. The Mayor closed the public hearing at 7.20 p.m. Moved by Councilmember Warner, seconded by POST/ADVERTISE Councilmember Riveness authorizing the posting and advertising to UTILITY OPERATOR Bill the Utility Department Maintenance Operator vacancy. 5 Ayes; Nays None. Moved by Councilmember Simacel , seconded by IST READING Councilmember Riveness to approve a rezone o approximately 1 acre REZONER41NOR SUED' of property located next to and north of Tierney Drive from A.g. to TI RT Y Dk Low Density Residential (R-1). This motion also includes approval of the minor subdivision to create two lots (Parcels A & . 5 Ayes; Nays, None. Moved by Councilmember warner, seconded by I ST READING- Councilmember Riveness to approve the I st Reading of a request REZoNIE- AUER' S from Willard J. Bauer of a rezone from R -3 Medium Density HIGH POINT Residence to R -1 Love Density Residence for approximately 11.3 acres. The property is located west of Pl easant Drive and west 25th Street. 5 Ayes; Nays, Nome. Toed by Councilmember Sig acel , seconded by PRELIM.1FWAL FLAT - Councilrnernber l oratz a to approve a preliminary finai plat called AU 'S HIGH POINT Bauer' s High Point subject to the following conditions: I The Final plat hardshells shall be consistent with the approved preliminary /final. plat. 2. Before the City signing the final plat hardshells, the applicant shall pay the required interceptor suer charge of $4,860.00. 3. Before the City signing the final plat hardshells, the applicant shall pay the required cash in lieu of park dedication fee of $15,300.00. 4 . The developer shall record a restrictive covenant or another instrument acceptable to the City that requires maintenance of the cul-de-sac and entrance islands. 5. The developer shall adhere to Public worts Director Toni. Montgomery's connnents spelled out in his October 16, 1995 memorandurn concerning Bauer "s High Point Preliminary Plat. 5 Ayes; Nays, None. Page Moved by Councilmember Simace , seconded by Councilmember Warner to approve the 1 st Reading of a proposed Ordinance amending Chapter 5 of the City Code regarding Adult Use Licensing R equirements with the understanding that language authorizing the City to charge an investigation fee will be incorporated into the Ordinance and will be considered part of the 1 st reading. 5 Ayes; Hays, N one. Moved by C ouncilmember Moratzka� seconded by Councilmember Simacek to approve the 2nd and Final Reading of Ordinance No. 376 to amend Chapter 10 (Zoning Ordinance). Ayes; Nays, None. Moved by Councilmember Warner, seconded by Councilmember Moratzka to adopt the 1st Reading of an amendment to City Code Chapter 10 (Zoning Ordinance) which adds provisions allowing Adult Uses with principle and assessory uses by special permit within. this C-4 Zone District. City Council approves this amendment with the understanding that it has been revised to cause Section 10.21 of the (new) Zoning Ordinance, which was approved b Council on November 6,, to be amended to include special use permit provisions for "Adult Uses ". 5 Ayes; Nays, None. Moved by Councilmember Simacek, seconded b Councilmember Moratzka to adopt Resolution No. 95-95 of the City of Hastings electing to participate in the local dousing incentives account program under the Metropolitan Livable Communities Act. Mr. Terry Flower as representative of Metropolitan Council District 16 and Senator Steve Murphy spore on this issue. 4 .Ayes; bays, Riveness. Copy of resolution file. Moved by Councilmember Riveness, se conded by Councilmember Sirna ek to adopt the 1 st Reading o f an Ordinance amending the City Code Section 5 .70 by deleting all references to Massages, Massage Parlors, Masseur seur and Masseuse; and by adding new City Section 5 which regulates the licensing of Massage Therapists and Massage Therapy establishments. 5 .Ayes; Nays, None. Moved by Councilmember Warner, seconded by Councilmember Simacek authorizing the City Staff to engage the services of a qualified Engineer for the design of a new boiler for the Police Station. 5 Ayes; Nays, None. Moved by Councilmember Warner, seconded by Councilmember R.iveness authorizing the hiring of Mae I cGoom Studio to conduct the photography of City employees to allow for display at City Hall and in the respective departments within the City. 5 Ayes, Nays, None. Moved by Councilmember Siararz.acel , seconded by Councilmember Riveness authorizing Staff to prepare an Ordinance and to schedule a public hearing for November 20, 1995 to consider the adoption of a Tourism Lodging Tax in the City of Hastings. Ayes; Nays, None. November 6,1995 IST READING -CH. ADULT USE LICENSING OR D, No, 376- AMEND CHAP'T'ER I 1ST READING - CH. 1 - ADULT USES RES. No. 95 METRO LIVEABL COMMUNITIES ACT 1ST READING- CH. 5.70 - MASSAG REGULATIONS POLICE STATION BOILER EMPLOYEE IDENTIFICATION DISPLAA"Y PREPARE ORD. LODGING TAX Moved by Councilmember 1 oratzka., seconded by ORDER P.H. - I ST Councilmember Simacek ordering a public hearing and scheduling a READING-AMEND END 1st reading for Monday, December 4, 1995 to consider adoption of an CHARTED SEC, 4,01 Ordinance to amend City Charter Section 4.01 regarding Emergency City Council Meetings. 5 Ayes; Nay's, None. Page 4 November 6, 1995 City Administrator Dave o berg �nfonned the City Council COMMENTS that the discussion of the recreational vehicle ordinance is tentatively being set for the Council meeting of December 4 , 1995. Mayor Werner received notice of the approval of the Administrative L aw Judge' s ruling on the request to upgrade the Hastings Ambulance license level to advance life support and it now goes to the Minnesota Department of Health for approval. Mayor Werner requested Staff to provide to the City Council background of the recent issue between the local radio station, KDWA,, the Cable Access Corporation and the Cable Commission regarding the broadcasting o the High School athletic events. Mayor Werner extended congratulations and good luck to the Girl's High School Volley Ball Teann as they play in the State Volley B all Tournament this we Moved by Councilmember Riveness, seconded by ADJOURN TO CLOSED Councilmember Moratzl a to adj um to a closed door session at 5;23 DOOR SESSION p.m. regarding the "Friends of St, B oniface and the M.A. Fearing L itigations. 5 Ayes; Nays, lone. The regular City Council meeting was reconvened at 8:59 p.m. RECONVENED REGULAR MEETING Moved by Councilmember 1 oratzl a, seconded by RES. No. 96--95 Councilmember Simacek to adopt Resolution 96-95 identifying the FRIENDS of ST. City's position regarding the St. Boniface bundling. 5 Ayes; Nays, B ONIFAC E None. Copy of resolution on file. Moved by Councilmember R.iveness, seconded by ADJOURNME Councilmember Warner to adjourn the regular Council meeting at 9 :01 p.m. 5 Ayes; Nays, lone. Mayor ATTEST City Clerk w � Hastings, Minne ota November 6, x.995 The City Council of the City of Hastings, Minnesota met in a closed door session on Monday, , l vember 6, 1995 at 8:24 p.m. 'in the City Hall Council Chambers, 101 4th Street East, Hastings, Minnesota. Members present: Counexhnem er Riveness, Wainer, Simaeel , Moratzka and Mayor Werner Members Absent: Councilmem er Johnson and Hicks Staff Members Present: Dave Osber , City Administrator; Barb Tliompson, City Clerk; and Shawn Mo City Attorney This meeting was called to discuss the Friends of St. Boniface vs. City of Hastings lawsuit. City Administrator Dave Osberg presented to the City Council four options for the City Council to consider regarding its position on the St. Boniface building. Moved by Counellmember Riveness, seconded by Couneilmem er darner to adjourn this closed doer session at 8:40 p.m. 5 Ayes lays, None. Mayor w ATTEST eO r City Clerk