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Home My WebLink About12-02-02 Hastings, Minnesota December 2, 2002 The City Council of the City of Hastings, Minnesota met in a regular meeting on Monday, December 2, 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; Approval of Minutes Mayor Werner asked if there were any corrections or additions to the minutes of the regular meeting of November 18, 2002. Hearing none, the minutes were approved as presented. Council Items to be Considered City Administrator Osberg stated that Rick Ries has purchased the house at 500 West 2nd Street which is slated for demolition and has requested to be added to the agenda to discuss postponing the demolition. A unanimous vote of the Council must agree to add an item to the agenda. Moved by Council member Yandrasits, seconded by Councilmember Schultz to add the item to the agenda. Three Ayes; Nays, four. Councilmembers Riveness, Hazlet, Hicks and Mayor Werner voting against. The item was not added to the agenda. Consent Agenda Councilmember Moratzka requested that Item #5-First Reading-Preliminary Plat/Final Plat/Site Plan: Schoolhouse Square (old middle school site) be moved to Item #7 under Planner. Moved by Council member Moratzka, seconded by Council member Riveness, to approve the Consent Agenda as amended. 7 Ayes; Nays, None. Copy of resolutions on file. 1. Pay Bills As Audited 2. Resolution-Proclaiming Arbor Day 2003 3. Resolution-Approving MnDOT Agreement No. 84080, Landscaping Along Highway 55 and Pleasant Drive Minutes of the Regular Meeting of December 2, 2002 Page 2 of 4 4. Resolution-Reauthorize Final Plat Approval - Pleasant Acres 15t Addition (Habitat for Humanity) 5. 1st Reading--Preliminary Plat/Final Plat/Site Plan: Schoolhouse Square (old middle school site) 6. December 24, 2002 City Hall Office Hours 7. Authorize Certification of Assessments for Delinquent Utility Bills 8. Resolution-Adopt 2003 City Property Tax Levy 9. Resolution-Adopt 2003 City Budget 10. Resolution-Adopt 2003 City HRA Property Tax Levy 11 . Engineering Budget Transfer Public Hearing-Amend Chapter 10.09 of City Code (Parking Lot Surface Requirements) Mayor Werner opened the public hearing at 7:02 p.m. Planning Director Hinzman provided background information on the item. Hearing no further public comment, Mayor Werner closed the public hearing at 7:04 p.m. Second Reading- Amend Chapter 10.09 of City Code (Parking Lot Surface Requirements) Moved by Council member Yandrasits, seconded by Councilmember Riveness to approve the ordinance amendment as presented. 7 Ayes; Nays, none. Public Hearing-Vacation/Acceptance of Easement: Westview Commons Mayor Werner opened the public hearing at 7:05 p.m. Planning Director Hinzman provided background information on the item. Hearing no further public comment, Mayor Werner closed the public hearing at 7:06 p.m. Second Reading- Vacation/Acceptance of Easement: Westview Commons Moved by Councilmember Hicks, seconded by Councilmember Hazlet to approve the Vacation/Acceptance of Easement as presented. 7 Ayes; Nays, none. Copy of resolution on file. Resolution-Variance: Fence in Right-of-Way: Cathy Stevens (309 West 18th Street) Planning Director Hinzman stated that the Planning Commission recommended approval of this request with four conditions listed in the Planners Report. Councilmember Moratzka requested that the condition that the City be held harmless by approving this request be recorded against the property. Moved by Councilmember Yandrasits, seconded by Councilmember Moratzka to approve the resolution with the additional condition as presented. 7 Ayes; Nays, none. Minutes of the Regular Meeting of December 2, 2002 Page 3 of 4 Copy of resolution on file. Resolution-Variance: Rear Yard Setback: Randy Peters (616 West 18th Street) Hinzman stated that the applicant had previously requested a variance in 2000 and it had been denied by the City Council. The applicant then proceedeu with the project, with the knowledge that it was in violation of City Code. The Inspections Department has issued the property owner a citation for the project. Moved by Councilmember Moratzka, seconded by Councilmember Riveness to deny the request as presented, based on the following findings of fact: . That the applicant had requested and been denied a variance in May 2000; . That the applicant knew, prior to the issuance of his building permit and construction of the addition, that he was not permitted to build into the setback. 7 Ayes; Nays, none. Copy of resolution on file. Resolution-Minor Subdivision: Brad Kupser (218 East 10th Street) Moved by Councilmember Hazlet, seconded by Councilmember Yandrasits to approve the minor subdivision as presented with the conditions in the planners report. 7 Ayes; Nays, none. Copy of resolution on file. Hastings Ford Sign Variance Hinzman stated that this item was originally approved by the Council on June 3, 2002. However, the applicant had contacted the City, and believed that a taller sign had been approved by the City Council. Staff reports indicate that the Council approved a sign variance for a free-standing sign with an overall height not to exceed 20 feet. The reason for this height restriction was that was the maximum height allowed by the City's sign ordinance. Staff recommendation is for Council to reaffirm their June 3, 2002 decision to approve the variance with a maximum overall height of 20 feet. Doug Erickson, Hastings Ford, stated that Ford does not make a sign smaller than 20 feet, other than a monument sign, which he did not request. City Attorney Moynihan stated that to consider this action, the Council will be acting on a motion to amend something previously adopted, which requires a 6/7 vote of the Council for approval. Councilmember Yandrasits stated that she did not agree with the request for reconsideration. Her recollection is that the Council approved the 20 foot sign because that is what is consistent with the City's sign ordinance. Councilmember Riveness stated that he would not have voted for a sign height that is not made and that he supported the request for reconsideration. Moved by Councilmember Hicks, seconded by Councilmember Riveness to approve the sign variance at a height not to exceed 24', 8 3/8". Six Ayes; Nays, one. Councilmember Yandrasits voting against. Copy of resolution on file. First Reading-Preliminary Plat/Final Plat/Site Plan: Schoolhouse Square (old middle school site) Minutes of the Regular Meeting of December 2, 2002 Page 4 of 4 Councilmember Moratzka requested clarification that this project is not being approved at this meeting. Hinzman stated that it will be on the agenda for the December 16, 200 meeting for questions and action by the Council. Moved by Council member Moratzka, seconded by Councilmember Hicks to approve the first reading as presented. 7 Ayes; Nays, none. Closed Door Session-Union Negotiations Mayor Werner adjourned the open door meeting at 7:37 p.m. and convened the closed door session at 7:37 p.m. Moved by Council member Hicks, seconded by Councilmember Moratzka to adjourn the closed door session at 7:50 p.m. 7 Ayes; Nays, none. Mayor Werner reconvened the open door meeting at 7:50 p.m. Adjournment Moved by Councilmember Hicks, seconded by Councilmember Schultz to adjourn the meeting at 7:51 p.m. 7 Ayes; Nays, None. ~ Mayor ATTEST lM.L/~~ City Clerk