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Home My WebLink About10-21-02 I Hastings, Minnesota October 21, 2002 The City Council of the City of Hastings, Minnesota met in a regular meeting on Monday, October 21, 2002 at 7:00 p.m. in the City Hall Council Chambers, 101 4th Street East, Hastings, Minnesota Members Present: Councilmembers Hazlet, Hicks, Riveness, Schultz, and Yandrasits Mayor Werner Councilmember Moratzka arrived at 7: 16 p.m. Members Absent: None Staff Members Present: David Osberg, City Administrator; Shawn Moynihan, City Attorney; Melanie Mesko Lee, Administrative AssistanUCity Clerk; John Hinzman, Planning Director; Stephanie Nornes, IT Director Approval of Minutes Mayor Werner asked if there were any corrections or additions to the minutes of the regular meeting of October 7, 2002. Hearing none, the minutes were approved as presented. Presentation to Wayne Haugen, Hastings' School Superintendent On behalf of Mayor Werner and the City Council, City Administrator Osberg presented a recognition plaque to retiring school superintendent Wayne Haugen. Consent Agenda Councilmember Yandrasits requested that Item # 4 of the Consent Agenda- Planning Department Budget Transfer Request, be moved to Item #5 under Planning. Moved by Councilmember Yandrasits, seconded by Councilmember Schultz, to approve the Consent Agenda as amended. 6 Ayes; Nays, None. Councilmember Moratzka absent. Copy of resolutions on file. 1. Pay Bills As Audited 2. Pay Estimate #1-General Sieben Drive Improvements, McNamara Contracting 3. Pay Estimate #4-2002 Improvements, Three Rivers Construction 4. Planning Department Budget Transfer Request-Moved to Item #5 under Planning 5. Amendment to addendum A and B of Agreements for Continuing Disclosure Services and for Arbitrage and Rebate Monitoring Services 6. Resolution-Manufacturers Week 7. Development Agreement-South Pines IV Addition 8. Resolution-Final Plat: Wallin 10th Addition 9. Development Agreement-Wallin 10th Addition L ~ __._"",.________~______,.,_.-._._._"'_...,._._,..__._,..._"._.______..m_~_.."_.,.._.",__,.__._......,_.,__._.,_.......----,.. 10. Resolution-Metropolitan Council 2030 Blueprint Comments 11. Certificate of Satisfaction-Arthur G. Miller, Jr., and Susan A. Miller, (Miller Electric, Inc.) 12. Agreement-Dakota County Drug Task Force Award Contract-Industrial Park Sewer Project Moved by Councilmember Hazlet, seconded by Councilmember Hicks to approve the project as presented. 6 Ayes; Nays, none. Councilmember Moratzka absent. Award Contract-Wide Area Network Data & Voice Moved by Councilmember Schultz, seconded by Councilmember Yandrasits to accept the bide for Part I to Sprint in the amount of $5,684.40 and for Part II to Venture Computer Systems in the amount of $117,047.96 6 Ayes; Nays, none. Councilmember Moratzka absent. Public Hearing-Amend Chapter 10 (Zoning), Section 10.16-Planned Residential Development in R-5 Zoning District Mayor Werner opened the public hearing at 7: 1 0 p.m. Planning Director Hinzman stated that the changes permit Planned Residential Developments in the R-5 Residential Zoning District. Hearing no further public comment, Mayor Werner closed the public hearing at 7:12 p.m. Second Reading-Amend Chapter 10 (Zoning), Section 10.16-Planned Residential Development in R-5 Zoning District Moved by Councilmember Hicks, seconded by Councilmember Riveness to approve the ordinance amendment as presented. 6 Ayes; Nays, none. Councilmember Moratzka absent. Public Hearing-Xcel Energy Annexation Ordinance Mayor Werner opened the public hearing at 7:14 p.m. City Administrator Osberg stated that this action will repeal Ordinance #474, which had an inaccurate legal description, and legally annex the correct property in order to allow access to the Hastings Marketplace West development. Hearing no further public comment, Mayor Werner closed the public hearing at 7:15 p.m. Second Reading- Xcel Energy Annexation Ordinance Moved by Councilmember Yandrasits, seconded by Councilmember Hicks to approve the annexation as presented. 6 Ayes; Nays, none. Councilmember Moratzka absent. Councilmember Moratzka arrived at 7: 16 p.m. Resolution-Variance: Larry Bialke (407 West 7th Street) Moved by Councilmember Hazlet, seconded by Councilmember Hicks to approve the variance as presented with the condition listed in the Resolution. 7 Ayes; Nays, none. Copy of resolution on file. Resolution-Sign Variance: North American Properties (Cub Foods) Planning Director Hinzman stated that the Planning Commission and staff have recommended denial of the request for a sign variance because the applicant has failed to prove a hardship that would justify a variance to the sign ordinance. David Stratman, representative of North American Properties, stated that the request is being made to move permitted signage allowance from the back of the building to the front of the building, increasing the per-side allowance of 5%. He also stated that he felt that clarification of how square footage is defined is needed. Moved by Councilmember Hazlet, seconded by Councilmember Yandrasits to deny the variance on the grounds that the applicant has not proven a hardship. 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 approval the variance at their October 14, 2002 meeting. He stated that the commission stated the following in support of the variance: . The existing 9,456 square foot lot parcel exceeds the R-2 minimum lot sizes of 7,000 square feet. . The lot size is consistent with other lots in the area. The typical lot size in Barkers Addition is 9,240 square feet (66' x 140'). . The applicant owns property on the west side of Locust Street, and made an unsuccessful attempt to vacate the right-of-way in between to achieve minimum lot size. There was discussion over whether the vacation would impede the development of a dyke on Lake Isabel. There was also discussion over retaining public access to the lake; Hinzman stated that the council could retain that public access by refusing to grant future requests for vacation of the right-of-way. Councilmember Moratzka suggested that signage be installed to notify the public of the public access. Mary Anderson, 1501 4th Street East, stated that she felt that approval of the variance jeopardizes the dyke project. She also stated concern with the size of the house in relation to the other homes in the neighborhood. Moved by Councilmember Hicks, seconded by Councilmember Yandrasits to approve the request for a shoreland/floodplain variance as requested with the three conditions listed in the planners report and resolution as well as three additional conditions: . That applicant must apply for all necessary permits for fill from this point forward; . That at least six soil borings be conducted, to the satisfaction of the City Building Official; . That the right-of-way be designated as a public acceS3. 7 Ayes; Nays, none. Planning Department Budget Transfer Request Councilmember Yandrasits asked why applicants are not paying the bill for these signs, which are needed due to development or re-development. Hinzman stated that budget funds are being used as "seed money" for the signs, and application fees will be adjusted to recoup the costs. Moved by Councilmember Yandrasits, seconded by Councilmember Moratzka to approve the budget transfer request as presented. 7 Ayes; Nays, none. Orderly Annexation Agreement with Marshan Township Councilmember Riveness stated that he did not agree that the City should be annexing excess land; he stated that only enough land to provide for a buffer should be annexed at this time. Councilmember Yandrasits concurred with Riveness. Councilmember Hicks stated that he supported the annexation as protection to the neighborhood and to provide the City with an opportunity to stage the development. Councilmembers Moratzka and Schultz concurred with Hicks. Moved by Councilmember Hicks, seconded by Councilmember Hazlet to approve the orderly annexation as presented. 5 Ayes; Nays, two; Councilmembers Riveness and Yandrasits voting against. Reports from City Committees, Officers, Councilmembers Councilmember Moratzka expressed concern over the cutting of trees along the bluff line at the Eagle Bluffs development. She stated that such action is in violation of the development agreement, and wondered what the City's recourse IS. City Administrator Osberg stated that staff is working on a remedy for the issue. The property owner has been instructed not to cut down any more trees and residents are encouraged to call the police department if they observe any more cutting occurring. Councilmember Moratzka stated that the Vermillion River Joint Powers Board is looking for members. She encouraged residents to apply for the board. r- Adjournment Moved by Councilmember Hicks, seconded by Councilmember Riveness to adjourn the meeting at 8:39 p.m. 7 Ayes; Nays, None. ~ Mayor , ATTEST VL.{AAjlAU l.1~LQ'& City Clerk -~~~-----~~~-----'---~,._-,-~-~,~--~---,~_...._,,-----,"---~-_._--""-""'-'~""~~""-'---.'-""'-'-' ~