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Home My WebLink About10-07-02 Hastings, Minnesota October 7, 2002 The City Council of the City of Hastings, Minnesota met in a regular meeting on Monday, October 7, 2002 at '7:00 p.m. in the City Hall Council Chambers, 101 4th Street East, Hastings, Minnesota Members Present: Councilmembers Hazlet, Hicks, Moratzka, Riveness, Schultz, and Yandrasits Mayor Werner Members Absent: None Staff Members Present: David Osberg, City Administrator; Shawn Moynihan, City Attorney; Melanie Mesko Lee, Administrative Assistant/City Clerk; John Hinzman, Planning Director; Tom Montgomery, Public Works Director Approval of Minutes Mayor Werner asked if there were any corrections or additions to the minutes of the regular meeting of September 16, 2002. Hearing none, the minutes were approved as presented. Council Items To Be Considered City Administrator Osberg requested that Setting a Date for a Special City Council Meeting be added as Item 2 under Administrator. Moved by Councilmember Hicks, seconded by Councilmember Hazlet to add that item to the Agenda as requested. 7 Ayes; Nays, !\lone. Consent Agenda Moved by Councilmember Moratzka, seconded by Councilmember Riveness, to approve the Consent Agenda as presented. 7 Ayes; Nays, None. Copy of resolutions on file. 1. 2. 3. 4. 5. 6. 7. Pay Bills As Audited Approve Renewal of Amusement Licenses Appoint 2002 General Election Judges Contingent Approval of Liquor License -DuGarel's Development Agreement: School House Square Development Piaf, Development Agreement: Riverwood 7th Addition 1 sl Reading/Schedule Public Hearing-Amend Chapter 10 (Zoning), 10.16-Planned Residential Development in R-5 Zoning Section District Minutes of the Regular Meeting of October 7, 2002 Page 2 of 5 8. Certificate of Satisfaction-Land Credit Program: Lloyd and Susan LOdewegen (Forpack) 9. Resolution-Declaring Costs to be Assessed and Ordering Public Hearing for 2001 Improvement Program & Lock and Dam Road Improvements 10. Item was removed from Agenda 11. Pay Estimate #2-Middle School Watermain Loop: Otto Construction ($48,000.00) 12. Request for Temporary Compensatory Leave Cap Adjustment 13. MnDOT Speed Limit Determination-Featherstone Road and 15th Street 14. Resolutions and Recommendations for the Issuance of $4,635,000 General Obligation Improvement Bonds, Series 2002C and $420,000 Equipment Certificates, Series 2002D 15. 2002 Excess Property Auction Award Contract-Roadside Park Veterans Memorial Walkway Moved by Councilmember Moratzka, seconded by Councilmember Hicks to approve the contract in the amount of $6,693. 7 Ayes; Nays, none. Award Contract-City Hall Sound & Video System City Administrator Osberg requested that the two bids received be rejected due to confusion over when the opening bid date for the project was. Moved by Councilmember Yandrasits, seconded by Councilmember Hicks to reject the bids as requested. 7 Ayes; Nays, none. Public Hearing-Amendment to Massage Therapy Ordinance Mayor Werner opened the public hearing at 7:05 p.m. Administrative Assistant/City Clerk Mesko Lee stated that the primary changes to the ordinance relate to the ability to acquire a home occupation license with a massage therapy license, which had previously been prohibited. Jared Reed, 605 Kendall Drive, spoke in support of the changes to the ordinance. Hearing no further public comment, Mayor Werner closed the public hearing at 7:09 p.m. Second Reading-Amendment to Massage Therapy Ordinance Councilmember Hicks stated that while he will support the changes to the ordinance, he would like to see a state board regulating massage therapists. Councilmember Moratzka stated that she supported the neighbor notification requirement. Councilmember Yandrasits inquired whether applicants for massage therapy licenses are the only ones subject to notification requirements. Mesko Lee responded that staff is reviewing the home occupation ordinance to determine when notification requirements are warranted. Moved by Councilmember Yandrasits, seconded by Councilmember Moratzka to approve the ordinance amendment as presented. 7 Ayes; Nays, none. Minutes of the Regular Meeting of October 7, 2002 Page 3 of S Public Hearing-Vacation of Right-of-Way: Franklin Street (1st Street to Mississippi River) Mayor Werner opened the public hearing at 7: 15 p.m. Planning Director Hinzman provided background information on the proposed vacation. He stated that a separate issue from the vacation request, but associated with it, is the location of some docks. Hinzman stated that the applicant had not installed the docks per DNR requirements and that they encroach beyond the cent~riine of the right- of-way. Alan Gear, 901 East 1st Street, is the applicant. He stated that the issue of the docks is not related to his request for a vacation of right-of-way. He stated that he would like to build a play structure and add an addition to his house and those are the reasons for the vacation request. Russell Martinez, a neighbor, stated that he doesn't have an opinion on the vacation request, but would like to see the docks remain, as he uses them. Joan Warner, 1023 East 1 st Street, presented a petition to the Council from residents opposed to the street vacation request. Mary Anderson, 1501 East 4th Street, stated that she opposes the vacation request. Roger Reuter, 1001 East 1 st Street, stated that he is concerned with the location of the docks. Hearing no further public comment, Mayor Werner closed the public hearing at 7:25 p.m. Second Reading-Vacation of Right-of-Way: Franklin Street (1st Street to Mississippi River) COllncilmember Yandrasits expressed concern over the construction of the docks and requested that a Council committee review such practices. Mayor Werner reminded the Council that the issue of the docks is separate from the request for a vacation of right-of-way. Moved by Councilmember Hicks, seconded by Councilmember Riveness to deny the request for a vacation of right-of-way based on the fact that the access currently serves a public purpose and based on the recommendation from the DNR in a letter dated October 4, 2002 which encourages the City to retain all public connections to the Mississippi River. 7 Ayes; Nays, none. Resolution-Final Plat, Continued: South Pines IV Hinzman provided background on the request for Final Plat approval. He stated that this issue is separate from any annexation requests at this time. He stated that after 80% of Phase 1 is developed, the developer must conduct a traffic study to endure that traffic flows stay at a level of "C" or better before proceeding onto development of Phase 2. Moved by Councilmember Moratzka, seconded by Councilmember Hazlet to approve the final plat as presented with the 29 conditions listed in the Resolution. 5 Ayes; Nays, two; Councilmembers Riveness and Yandrasits voting against. Copy of resolution on file. Minutes of the Regular Meeting of October 7, 2002 Page 4 of S Resolution-Site Plan: Schumacher Properties Storage Building (600-620 Westview Drive) Moved by Council member Hicks, seconded by Councilmember Hazlet to approve the resolution as presented. 7 Ayes; Nays, none. Copy of resolution on file. Resolution-Shoreland/Floodplain Variance: Lehtola & Heiman (4th & Locust Streets) Hinzman stated that the Planning Commission recommended denial of the variance at their September 9,2002 meeting. He stated that the applicant had redesigned the proposal to eliminate three of the four variances that appeared before the Planning Commission. There was discussion over illegal fill on the property, as well as whether this issue should have gone back to the Planning Commission. Moved by Council member Moratzka, seconded by Councilmember Schultz to table this issue and send it back to the Planning Commission for their determination. 7 Ayes; Nays, none. Moved by Councilmember Moratzka, seconded by Councilmember Yandrasits to extend the applicant's 60-day timeline. The second timeline will begin when the first one expires. 7 Ayes; Nays, none. Resolution-Special Use Permit/Site Plan: Church in 1-1 District/Building Expansion (460 Spiral Boulevard) Moved by Councilmember Yandrasits, seconded by Councilmember Moratzka to approve the special use permit and site plan with condition #7 being amended to allow for more flexibility in the use of the church and parking issues. 7 Ayes; Nays, none. Copy of resolution on file. Resolution-Site Plan Amendment: Lawrence Interiors Building (Spiral Boulevard) Moved by Councilmember Hicks, seconded by Councilmember Hazlet to approve the site plan amendment as presented. 7 Ayes; Nays, none. Approve Roof Sign-Greg J. Holmes Planning Director Hinzman stated that the request is to approve :::t roof sign in lieu of a monument sign. City code requires the Council to consider this type of request. The applicant would also be permitted to have up to 5% of signage on the building as well, as per City sign ordinance. Hinzman also stated that the applicant has indicated that he may apply for a sign variance, but cannot do so until the roof sign issue has been addressed. Councilmembef Yandrasits stated that she felt that the variance and the roof sign issue should be considered in conjunction with each other. Council member Hicks stated that the applicant is only asking for the same signage as was there previously. ._--"'"~._'~_.'>.,~_...._."--,-,-,.._--"."'....,'-".._~,,-_.~,~,".-....-- Minutes of the Regular Meeting of October 7, 2002 Page 5 of 5 Council member Yandrasits stated that the City adopted a sign ordinance in recognition that not all previous signage was what was desired in the City. Moved by Councilmember Yandrasits, seconded by Councilmember Moratzka to deny the request as presented. Roll call vote was taken. 3 Ayes; Nays, four; Councilmembers Riveness, Hazlet, Hicks and Mayor Werner voting against. Moved by Councilmember Hicks, seconded by Councilmember Hazlet to approve the roof sign request as presented. Roll call vote was taken. 4 Ayes; Nays, three; Councilmembers Moratzka, Schultz, and Yandrasits voting against. Set Special City Council Meeting City Administrator Osberg requested a special City Council meeting be set for Thursday, November 7,2002 to canvass the results of the General Election and to discuss the Bailly's Landing development proposal. Moved by Councilmember Hazlet, seconded by Councilmember Riveness to set the Special City Council meeting for November 7,2002 at 5:00 p.m. 7 Ayes; Nays, none. Comments from Audience Neal Siewart of Advanced Homes, requested that the Development Agreement for Riverwood ih Addition, which was on the Consent Agenda, be reconsidered. Mr. Siewart stated that he would like to pay park dedication fees with each building permit, rather than in a lump sum. Hinzman stated that staff recommendation is that the funds be collected on the front end of the development in order to have it accessible right away for park development as well as to provide for easier tracking of dedication funds. There was no motion to reconsider the item. Adjournment Moved by Councilmember adjourn the meeting at 8:51p.m. 7 Ayes; Nays, None. Riveness, seconded by Councilmember Hazlet to ~ ATTEST CiJJJJuLiLJJ141iC 'Ii GC City Clerk Mayor