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Home My WebLink About06-03-02 Hastings, Minnesota June 3, 2002 The City Council of the City of Hastings, Minnesota met in a regular meeting on Monday, June 3, 2002 at 7:00 p.m. in the City Hall Council Chambers, 101 4th Street East, Hastings, Minnesota Members Present: Councilmembers Hazlet, Riveness, Moratzka, Schultz, &, T{ andrasits Mayor Werner Members Absent: Councilmember Hicks Staff Members Present: David Osberg, City Administrator Shawn Moynihan, City Attorney; Melanie Mesko Lee, Administrative Assistant/City Clerk; John Hinzman, Planning Director; John Grossman, HRA Director; Lori Webster; Finance Director Approval of Minutes Mayor Werner asked if there were any corrections or additions to the minutes of the regular meeting of May 20, 2002. Hearing none, the minutes were approved as presented. Consent Agenda Administrative Assistant/City Clerk Mesko Lee requested that the approval of a massage therapist license be added as #12 to the Consent Agenda. Moved by Councilmember Riveness, seconded by Councilmember Yandrasits, to approve the Consent Agenda as amended. 6 Ayes; Nays, None. Copy of resolutions on file. 1. Pay All Bills as Audited 2. Authorize Contracts for Mississippi River Wayside Panels 3. Resolution-Municipal State Aid Project Funding 4. Approve Salary Schedule for Pioneer Room Curator Part-Time Position 5. First Reading and Schedule Public Hearing: Hidden Lane Addition Preliminary Plat (Whispering Drive & Pleasant Drive) 6. First Reading and Schedule Public Hearing: Mississippi Office Park Preliminary Plat (Highway 55 & Pine Street) 7. Development Agreement-Wendy's International Site Plan 8. Development Agreement-Westview Commons Preliminary Plat 9. Development Agreement-Century South 2nd Addition 10. Approve Offering Dental Insurance Program to All Full-Time Employees Southview Drive Trail/Sidewalk Improvements Public Works Director Montgomery stated that the Operatic..ns Committee IS recommending the following agreement: Minutes of the Regular Meeting of June 3, 2002 Page 2 of 5 · City-built & -maintained trail · Hastings Country Club not assessed for the trail · Landscape improvements installed, but the costs to be assessed to the HCC. Mayor Werner questioned the City's participation in installation and assessment of landscaping on private property. Councilmember Yandrasits stated that this solution is the best available, given the time constraints. Moved by Councilmember Yandrasits, seconded by Councilmember Schultz to table this decision to the June 18 Council meeting until and if the Hastings Country Club formally approves the proposal. 6 Ayes; Nays, none. Cannon Street/Highway 61 Intersection Improvements Montgomery stated that the Operations Committee recommended that the Council defer consideration of closing the Cannon Street/Highway 61 intersection until such time as 36th Street or 31 st Street is extended west and completes a connection to County Road #47. Moved by Schultz, seconded by Councilmember Riveness to approve the Operations Committee recommendations as presented and direct staff to notify the local property owners of the Council's decision. 6 Ayes; Nays, none. 2001 Comprehensive Annual Financial Report and Audit Management Report Finance Director Webster presented auditor Jennifer Thiennes of Kern, DeWenter, Viere, who conducted the 2001 audit. Thiennes presented a brief overview of the 2001 audit report. Moved by Councilmember Moratzka, seconded by Councilmember Riveness to accept the report as presented. 6 Ayes; Nays, none. A copy is available at City Hall. Resolution-Variance: Marvin & Julie Halfen (1503 Oak Ridge Drive) Moved by Councilmember Riveness, seconded by Councilmember Moratzka to approve the variance with the two conditions in the planner's report. 6 Ayes; Nays, None Copy of resolution on file. Resolution-Sign Variance: Hastings Ford (3625 Vermillion Street) Moved by Councilmember Schultz, seconded by Councilmember Yancrasits to approve the variance with the conditions in the planner's report. 6 Ayes; Nays, None Copy of resolution on file. Resolution-Special Use Permit/Site Plan: Dan and Julia Greil (705 Vermillion Street) Moved by Councilmember Riveness seconded by Councilmember Moratzka to approve the variance with the conditions in the planner's report. 6 Ayes; Nays, None Copy of resolution on file. Minutes of the Regular Meeting of June 3, 2002 Page 3 of 5 Resolution-Site Plan: Haley Comfort Systems (120 3rd Street West) Moved by Councilmember Hazlet, seconded by Councilmember Riveness to approve the site plan as presented. 6 Ayes; Nays, None Copy of resolution on file. Resolution-Variance: Charles Russell (1227 Sibley Street) Moved by Councilmember Moratzka, seconded by Councilmember Riveness, to approve the variance as presented. 6 Ayes; Nays, None Copy of resolution on file. Appeal-St. Elizabeth Ann Seton Appeal of Heritage Preservation Commission Denial of Modular Classrooms Planning Director Hinzman provided background on the issue to date, including action taken by both the Planning Commission and the HPC. The HPC has denied the issuance of a building permit to SEAS for temporary modular classrooms in a historic district. HRA Director Grossman provided a summary of the HPC's findings that led it to deny the request for a building permit by SEAS. Lisa Wiger, SEAS Pastoral Council President, read a prepared statement on behalf of SEAS, requesting Council reconsideration of denial of the permit. David Warg, Chair of the HPC, stated that the HPC's decision was made using objective criteria, and that the proposed modular classrooms do not fit with the historic building design of the district. Councilmember Hazlet stated that the Historic Preservation Committee of the Council has reviewed the recommendation and supports the HPC's decision, based on objectively following the HPC guidelines. Councilmember Yandrasits stated that while the parish's educational mission and fundraising efforts may be important, the question before the Council involves whether the HPC made a mistake in its interpretation of the historical guidelines, which would le~d the Council to overturn its decision. Yandrasits stated support for the HPC decision. Councilmember Moratzka stated concern over the temporary use of such buildings and questioned the City's ability to remove them after the proposed seven years. Councilmember Riveness suggested an agreement between SEAS and the City to give the City the right of first refusal to purchase the property on which to develop a park, once SEAS has moved to the 15th Street location. City Attorney Moynihan stated that the Council may consider an ordinance amendment which would allow for a conditional or interim use of non-complying buildings in the historic district. Mayor Werner stated that the HPC made the correct decision based on current ordinance regulations. He also supported some consideration to address the fire marshal's concerns over fire safety issues in the current facility. He stated that he would support SEAS withdrawing their site plan in order to allow the City to consider whether to provide alternatives within the City's ordinances for this type of use. He asked whether SEAS would consider withdrawing their site plan. SEAS Principal Rita Humbert requested clarification about the timeframe the process would take. Hinzman outlined the process for her. Minutes of the Regular Meeting of June 3,2002 Page 4 of 5 r- Councilmember Moratzka stated that review of the ordinance does not ensure that amendments would be recommended or approved. Moved by Councilmember Moratzka, seconded by Councilmember Schultz, to deny St. Elizabeth Ann Seton's appeal of the HPC' s denial of a building permit for modular housing. 6 Ayes; Nays, None. Resolution-Site Plan: St. Elizabeth Ann Seton (600 Tyler Street) Peter Gleich, Parish Trustee for SEAS, withdrew the site plan on behalf of SEAS. Moved by Councilmember Moratzka, seconded by Councilmember Schultz to refer the discussion to the Planning Committee of the Council to review whether a variance or interim use process may be developed for modular housing in a historic district. 5 Ayes; Nays, one; Councilmember Yandrasits voting against. Mayor Werner called for a five-minute recess at 8:40 p.m. Mayor Werner reconvened the meeting at 8:45 p.m. Resolution-Special Use Permit: Wallin Property Floodway Fill Planning Director Hinzman stated that Wallin Partnerships has requested a special use permit to place approximately 2,300 net cubic yards of fills within the Vermillion River Floodway to construct a stormwater detention pond in conjunction with a preliminary plat. A Conditional Letter of Map Revision (CLOMR) from the Federal Emergency Management Agency (FEMA) is required as part of this process. Hinzman stated that Council is requested to approve the Special Use Permit conditioned upon the CLOMR being received, which will provide a technical analysis of impacts and potential mitigation to address concerns. Moved by Councilmember Moratzka, seconded by Councilmember Schultz to table the request for a Special Use Permit until after the CLOMR is received. 6 Ayes; Nays, None. Resolution-Amend Final Plat Resolution: South Oaks Hinzman stated that two conditions (#14 and #15) of Resolution 02-06-02, A Resolution of the City Council of the City of Hastings Approving the South Oaks Final Plat, are proposed to be amended in order to begin construction of 65 townhomes along 35th Street. The current resolution as written prevents any construction before issues relating to floodplain and LA WCON (National Parks Service) land are resolved. The construction being proposed are not connected with the floodplain and LA WCON issues. Moved by Councilmember Yandrasits, seconded by Councilmember Riveness to approve the revised resolution as presented. 6 Ayes; Nays, None. Copy of resolution on file. Development Agreement-South Oaks Moved by Councilmember Moratzka, seconded by Councilmember Schultz to approve the Development Agreement for South Oaks as presented. 6 Ayes; Nays, None. Copy of resolution on file. Minutes of the Regular Meeting of June 3, 2002 Page 5 of 5 r- New Business Administrator Osberg reminded the Council that the next City Council meeting will be on Tuesday, June 18, 2002 at 7:00 p.m. A petition in support of the SEAS modular classrooms was accepted by Administrative Assistant/City Clerk Mesko Lee. Adjournment Moved by Councilmember Hazlet, seconded by Councilmember Yandrasits to adjourn the meeting at 8:57 p.m. 6 Ayes; Nays, None. ~ ATTEST \ ;{i~,P-q City Clerk Mayor