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HomeMy WebLinkAbout01-06-86 Hastings, Minnesota January 6, 1986 . The Mayor declared the Public Hearing open at 7 :31 p.m. to consider having Ransey and Tyler Street between 3rd & 4th Street open for two way traffic instead of one way traffic. The Mayor asked if anyone wished to speak on the issue, Mr. Herman tlfuite, 322 E. Third Street requested that the Council leave the street one way and stated that the alleys are tied up approximately 14 hours per day now and Mr. Jom Felty, 308 Tyler Street asked why the request was made in the first place and requested that the street remain one way. No one else wished to speak on the matter. The Mayor declared the Public Hearing closed at 7:38 p.m. n Canmissioner Harr is was in the audience and reviewd for the City Council the proposed expansion of the new Dakota County Jail at the Dakota County Government Site. Moved by Councilmernber Trautmann, seconded by Council- menber Werner to approve the Findings of Fact as prepared by the City Attorney's office deleting mnnber four of those facts. 5 Ayes; Nayes, Bond, Nesbitt and Plan. Moved by Councilmernber Nesbitt, seconded by Councilmember Plan to approve the Findings of Fact denying the requested Special Use Permit for Haven Villa at 930 W. 16th Street. 105 PUBLIC HEARI!\G- RAMSEY & TYLER 'lW) VlAY TRAFFIC DAKorA COONrY CG1MISSIONER- JOE HARRIS HAVEN HGtES- FINDIN; CF FAC'r SPOCIAL USE PEmIT 1. An application for a special use permit was subnitted HAVEN HGtES- to the City by Haven Villa for the construction of a 84-unit FINDIN; CF FAC'r alternative housing project for senior citizens to be attached to the existing Haven Hcm:!s nursing facility at 930 West 16th Street. This matter was referred to the Planning Ccmnission for a review and report pursuant to City ordinance. After conducting a public hearing on this issue, the Planning Ccmnission rec<Jlll'lended to the Council that it deny issuing the requested special use permit. 2. The proposed alternative housing project is not a use allowed by special use pemit under the City's Zoning Ordinance. The proposed project is in an R-l, low density residential district. Section 10.11 (3) (A) allows by special permit "old age hcm:!s" and "rest hanes". The proposed use by the applicant does not fit within the definition of these two allowed uses but if more in the nature of a nultifamily dwelling which is not allowed in an R-l, ION density zone. The proposed use as an alternative housing facility for seniors does not fit within the definition of an old age hane or a rest hane. The 84 units in the proposed project would each have their own living quartersand rooking facilities. The occupants of these units would be required to eat only one meal per day at the congregate dining hall in the adjacent nursing horne. All other meals could be prepared by them in their individual units. The occupants of these units would be allowed to participate in social activities conducted at the nursing facility. r-- 106 January 6, 1986 The occupants would have neCiical services available to them in their rooms if an emergency did arise. The occupants would also be able to purchase medicines and certain grocery supplies from stores located on the premises. Garage stalls and parking spaces would be available for the occupants' vehicles. These are all services which are not typically provided at an old age hare or a rest hane. 3. The proposed use and 84-unit structure is not canpatible with the adjacent properties and other property in the neighborhood. The majority of the property surrounding the proposed project is zoned R-l, low density. The remaining adjacent property is R-2, medium density. The proposed use calls for an 84-unit alternative hoosing structure which is not canpatible with the surrounding low density residential area. The proposed use calls for an 84-unit alternative housing structure which is not canpatible with the surrounding low density residential area since the purpose of a low density zone is to protect the quiet living environment fran potential conflicting uses. The proposed use would increase traffic to and fraTI the facility by both the occupants and by vehicles bringing in the necessary supplies for the facility. This would cause an increase in traffic levels and accanpanying vehicle noise which would detract frCln the quiet living envirorment in a low density zone. o 4. The proposed alternative living facility would not pr<m:>te the public safety, welfare, convenience and appearance for those reasons stated in the previous paragraphs. 5 Ayes; Nayes, Trautmann, Mathiowetz, Berg and Werner. Motion Passes. Moved by Councilmernber Nesbitt, seconded by CooncilmercDer SOIUMAaIER Kulzer to table the matter of the rezoning fraTI agricultural to REALTY R3 and the preliminary plat approval for Schumacher Realty, REZONIm N; ro Fourth Street and Whispering Lane, until the matters of the park R3-PRELIMINARY dedication and the site plan have been resolved by the Planning PLAT Canmission and the City Staff. 7 Ayes; Nayes, Werner. Moved by Councilmernber Nesbitt, seconded by Councilmernber Kulzer to contact the County Recorder's Office tanorrow morning to determine if the DeveloIJlleIlt Agreenent for Whispering Meadows has been recorded and if not to have the City Staff take the appropriate action seeing to its recording. 8 Ayes; Nayes, None. o Moved by Councilmenber Trautmann, seconded by Councilmernber CORNERS"roNE Berg to accept the Planning Carmissions rec<Jlll'lendation to deny BmLE anJR(]{- the rezoning request frCln 11 to R3 for the Cornerstone Bible REZONIm 11 ro Church, 800 Block of East 10th Street. This denial is based R3 upon the follOirling: 1. The City's cooprehensi ve plan indicates that this site is exclusively zoned or should be exclusively zoned for industrial use. The plan further states that industrial sites should not encroach upon areas that are either residential in nature or planned for future recreation. 2. Down zoning is a term used to descr ibe areas for less intense and less varied uses than were formerly permitted. Down zoning is typically used to protect neighborhoods fraTI being dismanteled into more camnercial or industrial type uses. This application would not be using down zoning to protect the neighborhood, while at the same time might actually hinder future industrial expansion. 3. Spot zoning is a term used to descr ibe the change of a parcel or parcels when the area surrounding the parcel is a different and non canpatible zoning. This is true in this rezoning request. 4. Ole additional concern is that existing land zoned for industrial purposes would be required to adhere to more stringent buffering and setback o ..... - -" ~.............- ~ -- ,. 107 January 6, 1986 requirements because of the introduction of residential use in an industrial ~one. 5. The definition of an armory/convention hall is not the same as a church. 8 Ayes; Nayes, None. Moved by ',~ Werner, seconded by Councilmenber Plan to accept the Planning Canmissions recanmendation and approve this parking variance provided that no more than 5,760 net usable floor area is utilized and subject to several provisions. This IOOtion, to PaSs, requires a 6/8ths vote of the Council. 5 Ayes; Nayes, Mathi~tz and Nesbitt, Abstain, Bond. This IOOtion does not PaSs. Moved by Councilmember Trautmann, seconded by CouncilmercDer BRA PAmIN; Nesbitt to deny the request of the HRA to provide a parking lot VARI~E-3rd in lot 8, block 15 in the Town of Hastings, intersection of 3rd & TYLER & Tyler Street, stating that the HRA was spending lOOney foolishly and there were better places for a parking lot. Ii , PAIR BQ(J{ & STATIONAAY- PAm IN; VARI~E-13l7 VERULLION ST. Moved by Councilmernber Kulzer, seconded by Councilmernber Bond to table the matter of the parking variance for the HRA, 3rd & Tyler Street, until the next regular City Council meeting. 6 Ayes; Nayes, Trautmann and Berg. Moved by Councilmember Berg, seconded by CouncilmenDer Werner to adopt Resolution No. 1-86 establishing a mininum fee of $100.00 for alley, street or easement vacation. 8 Ayes; Nayes, None. Copy of resolution on file. r Moved by Councilmernber Trautmann, seconded by Council- member Werner to rescind the previous offer selling 54,405 square feet at a dollar per square foot and 73,700 square feet to be sold at 55 cents per square foot to Pastor Fair, and to accept bids until February 14, 1986 for the sale of this land. The advertisement shall specify that this parcel of land is landlocked. Pastor Fair stated to the City Cooncil that he agreed with the rescinding of the offer. This vote requires a 2/3rds majority of the City Council to PaSs. 5 Ayes; Nayes, Bond, Nesbitt and Kulzer. This motion does not PaSs. Moved by Councilmember Bond, seconded by Councilmember Nesbitt to rescind the IOOtion fraTI the meeting of September 3, 1985 to declare the 2.94 acres as excess property. This motion requires a 2/3rds majority to PaSs. 3 Ayes; Nayes, Trautmann, Mathi~tz, Berg, Werner; Abstain, Plan. This motion does not PaSs. Moved by Councilmernber Trautmann, seconded by CooncilmenDer Plan to table this matter until the next regular City Council meeting. 8 Ayes; Nayes, None. Moved by CouncilmercDer Trautmann, seconded by Council menDer Berg to PaSs a first reading of an ordinance amending Chapter 3 as it relates to liability insurance requirements for beer, wine and liquor licenses and setting a public hearing for the January 21, 1986 regular City Council meeting. 8 Ayes; Nayes, None. r- Moved by Councilrnerrber Werner, seconded by CouncilmenDer Bond to approve the advertising for bids for the 1986 pickup for the Water Department with bids to be considered for award at the February 3, 1986 regular City Council meeting. 8 Ayes; Nayes, None. Moved by Councilmernber Plan, seconded by CouncilmenDer Kulzer to designate the Hastings Star Gazette as the Official Newspaper for 1986. 8 Ayes; Nayes, None. RESOLurION 00. 1-86 SET FEE- ALLEY VACATION HAVEN HCMES- SURPLUS PROPERlY FIRST READIN;- OIDINAOCE AMEIDMEN1'- LIQtK)R AImIORIZE ADVERI'ISE%otENI' WATER DEPARl'- MEN!' PICKUP DESIGNATE LmAL NEWSPAPER 108 January 6, 1986 Moved by Councilment>er Trautmann, seconded by Council- menDer Berg to designate the following as depositories for City funds. The investing would be done locally unless the interest rates frCln ootside the City limits exceeded the highest local rate by more than .25% or 25 base points. 1) First National Bank Hastings; 2) Norwest Bank Hastings; 3) Minnesota Federal Savings & Loan, Hastings; 4) First Federal Savings & Loan, Hastings; 5) Vermillion State Bank, Hastings; 6) Marquette Bank, Minneapolis; 7) Norwest Bank, St. Paul; 8) Norwest Bank, Minneapolis; 9) First Federal Savings & Loan, Grand Rapids; 10) First Bank, Minneapolis; 11) Juran & Moody, St. Paul. 8 Ayes; Nayes, ~ne. Moved by Councilmernber Mathiowetz, seconded by Cooncil- rnerrber Plan to designate the ~rwest Bank of Hastings for the Checking account for 1986. 8 Ayes; Nayes, None. Moved by Councilmenber Nesbitt, seconded by Cooncilmernber Plan to appoint Wally Erickson as the City Treasurer and Barb Thoopson as the Deputy Treasurer for 1986. 8 Ayes; Nayes, NOne. DESIGNATE DEPOSITORIES FOR CITY FUNDS DESIGNATE BANK FOR am:KIm PC<XlJNl' D ANNUAL APPOINl'- MEN!' CF CITY TREASURER AND DEPOTY TREASURER Moved by Councilmernber Trautmann, seconded by Councilmernber SELEX::TION CF Plan to naninate Councilmernber Werner as the Acting Mayor. AC'rIm MAYOR Moved by Councilmerrber Berg, seconded by Councilmernber Bond to naninate Councilmerrber Nesbitt as the Acting Mayor. Moved by Councilmernber Kulzer, seconded by Councilmernber Werner to naninate Cooncilmernber Trautmann as the Acting Mayor. Moved by Councilmernber Trautmann, seconded by Councilmerrber Bond to have the naninations for the Acting Mayor cease. 8 Ayes; Nayes, ~ne. o Mayor Stoffel asked that the Councilmernbers vote by secret ballot with Councilmernber Wemer receiving 4 votes, Cooncilmernber Trautmann receiving 2 and Cooncilmernber Nesbitt receiving 2. '!he selection of Acting Mayor requir~ a majority vote of the Council so this item was held for later on in the agenda by the Mayor. Moved by CouncilmercDer Plan, seconded by Cooncilmernber Werner APPOINr to reappoint Wally Erickson as the Industrial Park Director for IRXJST.RIAL 1986 at the sane salary as 1985. 8 Ayes; Nayes, None. PARK DIREX:'IDR Moved by Councilmerrber We mer , seconded by Cooncilmerrber Plan to adopt the Industrial Park Budget for 1986 as follows. 8 Ayes; Nayes, None. ADOPT IRXJSTRIAL PARK BUIX;ET INDUSTRIAL PAR< BUOOET 1986 1. Wages $5,400.00 2. Insurance "Health & Life" $1,318.26 3. General Expenses Entertainment, Prexootion, dues etc., $2,000.00 4. Advertising1 Magazines, etc. $1,000.00 5. Printing and Mailing of Brochures and Literature $500.00 6. Mileage and Travel $1,500.00 0 7. Expert and Consultant $4.000.00 Total $15,718.26 Industrial Park Sink $123,465.26 Construction $94.522.8l Total 11-30-85 Balance Industrial Park Funds $217,988.07 I I r-- 109 January 6, 1986 $123,465.26 Industrial Park Sinking Pays Bond payments $68,494.00 per year. $94,522.81 Industrial Park Construction pays sewer, water, streets, etc. Moved by Councilrrerrber Werner, seconded by Councilmerrber Bond to Pass the first reading of an ordinance establishing regulations for the use of explosives within the City limits and setting a public hearing for the January 21, 1986 regular City Council meeting. staff was requested to look into whether there currently were regulations' for this activity, such as Minnesota State statutes or various licensing organizations. 8 Ayes; Nayes, None. Moved by Councilmerrber Nesbitt, seconded by Councilmerrber Werner to adopt Resolution No. 2-86 establishing regulations relating to lawful ganbling within the City of Hastings. 8 Ayes; Nayes, None. Co:py of resolution on file. r.loved by Councilmembe r Berg to limit the nuni:>er of organizations ganbling within the city to four. This motion died for lack of a second. FIRST READIR; OIDINAOCE AMEIDMENI'- EXPLOSIVES RESOLt1rION NO. 2-86 ESI'ABLISHIN; RmUIATICHS RErATIN; ro LAWFUL GAMBLIN; Moved by Councilrrernber Trautmann, secoOOed by Councilmerrber APPROJE 49ERS Plan to approve the 1986 Local 49 Union Contract as follows: 1986 CONI'RAC'r 1) 4% across the board increase; except for the Foreman Heavy Duty Equipnent Operator (Lavere'., Fox) in the Street Department and the Engineering Aide IV (Steven Pederson) who shall receive a 5% increase; 2) reinstate Article XI which outlines canpensatory time up to 80 hours; 3) amend Article XXI which would eliminate Colunbus Day as a holiday; 4) amend Article XXIII Vacation. 8 Ayes; Nayes, None. Moved by Councilmernber Werner, seconded by Councilmernber Nesbitt to adopt Resolution No. 3-86 entering into a Joint Powers Agreenent for Landfill Abatenent Funding Assistance with Dakota County. 8 Ayes; Nayes, None. Co:py of the Agreement on file. RESOLt1rION ID. 3-86 JaINI' POVERS M;REE- MENI'-LAIDFILL MATEMEN!' FUIDIN; ASSIST- AOCE r.loved by Councilmernber Trautmann, seconded by Councilmernber SELECTION CF Werner and have the nanination process take place by a voice ACTIN; MAYOR vote. The Mayor stated that the secret ballot process had been started and the process should not be changed nCM. This motion died for lack of a second. Councilmember Nesbitt and Councilmernber Trautmann withdrew their names fr<Xn the naninations. Councilmernber Werner 6 votes; CouncilmercDer Nesbitt 1; Councilmerrber Trautmann; 1. Moved by Councilmerrber Nesbitt, seconded by CooncilmenDer CONSENl' NiEmA Bond to 1) Pay all bills as audited; 2) third payment-Hydro Storage, Inc. $49,447.50. 8 Ayes; Nayes, None. Moved by Councilmernber Bond, seconded by Councilmernber Berg AIlJaJRN.1ENI' to adjourn the meeting at 10 :45 p.m. 8 Ayes; Nayes, None. CLAIMS JANUARY 6, 1986 CLAIM NO. DISPOSITION AMOUNT League of Mn Cities Ins. trust 9485 Depos it premi urn 26,882.00 Postmaster 9486 Postage for meter 500.00 Hydrostorage Inc 9487 Partial Pymt #3 49,447.50 Metro Waste Control Comm 9488 Sewer Service Chgs 29,078.88 Al Altendorger 9489 Clothing allowance 16.64 Canada Life 9490 Premium 1,225.62 r James McGree 9491 Mileage 25.75 Air Comm 9492 Contract 99.50 Daleo 9493 New Scrubber 5,333.00 Doerers 9494 Supplies 232.97 Downtown Tire 9495 Services 85.60 Ed's 66 9496 Services 517.90 Fair Book 9497 Supplies 261. 34 First National Bank 9498 Box Rent 15.00 School Dist 200 9499 Supplies at parks 8,719.53 Hastings Star Gazette 9500 Services 48.80 Johnson's Hardware 9501 Supplies 11.23 Kimmes Bauer 9502 Supplies 157.00 Leef Bros 9503 Supplies 12.35 Mid Central Fire 9504 Supplies 13.50 Midland Products 9505 Supplies 228.60 Mn. Assn Cable TV Adm 9506 Registration 95.00 Mn Safety Council Inc 9507 lDu es .. 60.00 Motor Parts 9508 Supplies 82.72 Nat'l. Society Professional Eng 9509 Memb2rship 140.00 Northern States Power 9510 Garage Rent(transit) 480.00 Radio Shack 9511 Supplies 22.94 Harry Schoen 9512 Refund water bill 141. 30 Richard Berg 9513 Plowing 218 E 2nd(HRA) 119 . 00 Swanson Plumbing 9514 Supplies 36.37 ,...--- Uniforms Unlimited 9515 Supplies 7.69 I Uniforms Unlimited 9516 Supplies 45.00 Warner Hardware 9517 Supplies 12.03 Werth Foods 9518 Supplies 7.27 ,...---