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Home My WebLink About04-18-05 Hastings, Minnesota City Council Minutes April 18, 2005 The City Council of the City of Hastings, Minnesota met in a regular meeting on Monday, April 18, 2005 at 7:00 p.m., in the City Hall Council Chambers at Hastings City Hall, 101 East 4th Street, Hastings, Minnesota. Members Present: Mayor Werner, Councilmembers Alongi, Hazlet, Hicks, Moratzka, Riveness, and Schultz None City Administrator Dave Osberg, City Attorney Shawn Moynihan, Planning Director John Hinzman, HRA Director John Hinzman, and Assistant City Administrator Melanie Mesko Lee, Members Absent: Staff Members Present: . Approval of Minutes Mayor Werner asked if there were any corrections or additions to the minutes of the regular meeting of April 4, 2005. Hearing none, the minutes 'v\ere approved as presented. Presentations John Moynihan: Eagle Scout Award The City Council recognized John Moynihan, who recently achieved the rank of Eagle Scout. Waste Management Recycling Randy Triplett from Waste Management presented a check in the amount of$685.65 to Girl Scout Troop #518 for recycling over 45 tons. The next group will be Boy Scout Troop #503. Triplett also presented a recycling rebate check to the City of Hastings for recycling 477 tons in the first quarter of 2005. Consent Agenda Moved by Councilmember Riveness seconded by Councilmember Schultz to approve the Consent Agenda as amended. 7 Ayes; Nays, None. 1. Pay Bills As Audited 2. Budget and Transfer Requests 3. First Quarter Financial Report 4. Change Order #1-3 Rivers Construction for Completion of 2004-1 Westwood Area Improvements ($25,000) 5. Change Order #4-Gontractors Edge for 2003 Riverwood South Oaks Improvements 6. Resolution-Designation of Additional State Aid Routes 7. Approve Unpaid Leave of Absence 8. Proclamation-Armed Forces Day Celebration at CP Adams Park on May 21,2005 9. Accept Annual Report-SUP #2004-03, 2004-04: Tiller Corporation (Commercial Asphalt, Barton Sand at 2445 Co Rd 54 10. Parks Budget Transfer-Roadside Park 11. Parks Budget Transfer-Roadside Tennis Courts Copies of resolutions on file. Minutes of the Regular Meeting of April 18, 2005 Page 2 of 4 Second Reading/Ordinance Amendment-Ordinance Amendment #2005-18: DC Zoning District Uses Planning Director Hinzman stated that the public hearing for this action was held on April 4, 2005, at which time the City Council tabled consideration. For further action, the City Council will need to remove this item from the table. Hinzman stated that the request is to amend the City Code to allow residential on the first floor in certain areas of downtown upon special use permit approval. Buildings fronting 2nd Street between Vermillion Street and the CP Railroad tracks would be prohibited from allowing residential use on the first floor. Hinzman stated that the changes are consistent with the Design Guidelines for Original Hastings, which outlines suggested building uses per floor. Hinzman also stated that the Planning Committee of the Council has reviewed the proposed changes and recommends approval. Moved by Councilmember Moratzka, seconded by Councilmember Alongi to remove the item from the table for discussion. 7 Ayes; Nays, none. Councilmember Alongi stated that this gives the City an opportunity to review whether the current standards are too restrictive. Councilmember Riveness stated opposition with the ordinance amendment, noting that there is not enough retail proposed. Councilmember Moratzka noted that the action before the City Council is an ordinance amendment, not a specific development proposal. Mayor Werner stated concern with the possibility that Phase II of the proposed development on Block 2 may not proceed. He stated that there are no financial assurances by the developer of Block 2 that the Phase II (retail) portion will proceed following approval of the Phase I (residential) portion. Councilmember Schultz stated that she would like consistency in how each developer is treated. Councilmember Hicks stated that while the City can control the property it owns and that there are no guarantees from developers, this is valuable real estate that the Council is considering for redevelopment. Councilmember Hazlet stated that market studies and other information has showed that residential is a necessary component of downtown redevelopment. Moved by Councilmember Hicks, seconded by Councilmember Moratzka to approve the ordinance amendment as presented. 6 Ayes; Nays, one. Councilmember Riveness voting against. Resolution-Site Plan #2005-22: South Oaks 2nd and 3rd Townhomes (Greg Jablonske) Planning Director Hinzman stated that the Planning Commission has lecommended approval of the project. Hinzman stated that neighborhood concerns were expressed over the density and screening. Additional architectural interest on the back sides ofthe buildings and additional landscaping has been proposed by the applicant. Moved by Councilmember Schultz, seconded by Councilmember Riveness to approve the site plan as presented. 7 Ayes; Nays, none. Copy of resolution on file. Resolution-Home Occupation Permit #2005-21: Skips Sprinklers at 1261 Southview Drive (Mark Linneman) Planning Director Hinzman stated that two letters in opposition to the permit renewal have been received. He stated that there had been previous issues with the licensee, but that no complaints have been received since Fall of 2003. This approval is for a one-year provisional license; it will come back before the City Council next year for review. Minutes of the Regular Meeting of April 18, 2005 Page 3 of 4 Councilmember Moratzka stated that this is an example of why the City adopted a two-tiered home occupation licensing process. She stated that she does not foresee a problem with issuing the license as requested. Councilmember Riveness asked what is the standard for when a business no longer qualifies for a home occupation and when they must move to a commercial location. Hinzman stated that when there is an impact on the neighborhood through traffic, storage, etc., then a home occupation is no longerappropriate. Moved by Councilmember Moratzka, seconded by Council member Hicks to approve the home occupation permit as presented. 7 Ayes; Nays, none. Resolution-Minor Subdivision/SUPNariance #2005-19: KDWA Radio Tower Relocation at 1621 East 4th Street (K&M Broadcasting) Planning Director Hinzman stated that the request is to relocate a radio tower to property south of 1621 East 4th Street. A variance is needed due to the height of the structure, and a special use permit is required to allow a tower in the F-W Floodway Zoning District. Hinzman stated that the DNR has review authority and a 30-day appeal period after any City approval. Staff and the Planning Commission recommend approval. Councilmember Moratzka asked whether additional towers can be added to this structure. Hinzman stated that due to the nature of the tower, affixing other antennas is not feasible. Clarence Chapman, 623 East 3rd Street and speaking on behalf of the East Side Hastings Improvement Association, stated that the organization does not oppose the tower location, but would like it stipulated that no other antennas or other structures be permitted to be attached to this tower. Bess Freeman, 502 East 15t Street, questioned the tower's impact on wildlife and who will be monitoring access to the tov.er. Steve Lehtola, 1506 East 4th Street, questioned whether an environmental assessment should be conducted before approval. Dan Massman of KDWA, the applicant, stated that numerous studies conducted cannot find any proof that AM radio towers cause adverse affects on wildlife or people. He stated that KDWA's range of a maximum of 1,000 watts is fairly low. He stated that repair of the current tower would cost more than relocating to this location. Councilmember Alongi requested assurance that, if this relocation is approved, that the existing tower will be removed. Council member Moratzka stated she would not support the action for relocation because she is not convinced that the proposed site is not located in a Vletland or wetland setback. Moved by Councilmember Hicks, seconded by Councilmember Hazlet to approve the subdivision request as presented. 6 Ayes; Nays, one. Councilmember Moratzka voting against. Copy of resolution on file. Moved by Councilmember Hicks, seconded by Councilmember Hazlet to approve the variance with two friendly amendments that nothing else be permitted to be affixed to the structure and that the existing tower be removed within a reasonable amount of time after relocation of the tower. The resolution not to be in effect until after the 30 day comment period offered to the DNR. 6 Ayes; Nays, one. Councilmember Moratzka voting against. Copy of resolution on file. Moved by Councilmember Hicks, seconded by Councilmember Riveness to approve the special use permit as requested, effective following the 30 day comment period offered to the DNR. 6 Ayes; Nays, one. Councilmember Moratzka voting against. Copy of resolution on file. Minutes of the Regular Meeting of April 18, 2005 Page 4 of 4 Comments from the Audience Jackie Boler, 402 West 7'h Street and member of the HPC, stated that the HPC did not approve any development proposals for the downtown redevelopment. The HPC was asked to comment on the external appearance of the buildings. Ms. Boler suggested that the two developers working downtown should pool any TIF monies to building underground parking and rooftop gardens. Adjournment Moved by Councilmember Alongi; seconded by Council member Hicks to adjourn the meeting at 8:23 p.m. 7 Ayes; Nays, None. ~ ATTES Mayor City Clerk