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Home My WebLink About02-20-96 n o Hastings, Minnesota February 20, 1996 The City Council of the City of Hastings, Minnesota met in a regular meeting on Tuesday, February 20, 1996 at 7:00 p.m. in the City Hall Council Chambers, 101 4th Street East, Hastings, Minnesota. Members Present: Councilmember Plan, Johnson, Simacek, Hicks, Moratzka and Mayor Werner Members Absent: Councilmember Riveness Dave Osberg, City Administrator; Barb Thompson, City Clerk; Mike W omiak, Community Development Director; Nick Wasylik, Police Chief; and Shawn Moynihan, City Attorney Staff Members Present: Mayor Werner asked if there were any corrections or additions to the minutes of the regular meeting of February 5, 1996 and hearing none declared the minutes approved as presented. Moved by Councilmember Simacek, seconded by Councilmember Hicks to approve the consent agenda as presented. 1. Pay all bills as audited 2. Resolution No. 2-22-96 Authorize Transfer of Funds - 1994 Construction 3. Authorize Request of Proposal's for Equipment Certificate Program - 1996 4. Authorize Advertising for Accountant Position - Finance Department 5. Resolution No. 2-23-96 - Request Reuse Study for LeDuc House 6. Massage Therapy License Application - Christine M. Rother 7. Resolution No. 2-24-96 - Charitable Gambling - Premises Permit Renewal Application - VFW Club 8. Authorize Application for 1997 Legislative Commission on MN. Resources Funding for Riverfront Improvements 9. Resolution No. 2-25-96 - Support Legislation to Conclude Dual-Track Airport Planning Process 10. Police Station Boiler Plans and Specifications, and Authorize Receipt of Bids II. City Issued Firearms 12. Massage Therapy Establishment License Application - Lori LaCousiere- NuWave Professional Hair Design, Inc. - 1300 Vermillion Street 6 Ayes; Nays, None. Moved by Councilmember Johnson, seconded by Councilmember Moratzka to add to the City Administrator Agenda as Item No.6, Set a Special Council Meeting for February 28, 1996 at 7:00 p.m. in the Community Room. 6 Ayes; Nays, None. APPROVAL OF MINUTES CONSENT AGENDA RES. NO. 2-22-96 RES. NO. 2-23-96 RES. NO. 2-24-96 RES. NO. 2-25-96 ADDENDUM TO ADMINISTRATOR VIII - C Mayor Werner opened the Public Hearing at 7:03 p.m. to hear comments P.H.-COMMERCIAL regarding the adoption of an Ordinance of the City of Hastings authorizing the BLDG. REHAB Hastings HRA to Administer a Commercial Rehabilitation Loan and Interest PROGRAM Reduction Program. The City Clerk provided proof of affidavit of publication. n Mayor Werner asked if anyone wished to speak on the issue, no one wished to do so. The Mayor closed the public hearing at 7:05 p.m. Moved by Councilmember Hicks, seconded by Councilmember Simacek 1ST READING- to approve the 1 st Reading of an Ordinance establishing a Commercial Building REHAB PROGRAM Rehabilitation Program to be administered by the Hastings HRA. 6 Ayes; Nays, None. a or Werner opened the Public Hearing at 7:06 p.m. to hear comments P.H.- on a Land Use ap' . from Land Form Engineering Com sents CANNON ST. NO. Applebee's International, Inc., to on Street right-of-way ~ north of West 22 ayor Wemer aske 1 ished to speak on , no one wished to do so. The Mayor closed the public hean . 6 :3 - ~ -9 ,.. 4- Page 2 -,; oved by Councilmember Moratzka, seconded by Councilmember Johnson to appro d Use application from Land Form Engineeri Company that represents App e ternational, Inc. e part of the Cannon Street right-of-way north of W subject to the applicant providing the City of H' permanent utility and drainag ent that encom part of Cannon Street that is vacated. 6 Ayes; Nays, None. opy of resolution on file. Mayor Werner opened the Public Hearing at 7:06 p.m. to hear comments on a proposal for a minor subdivision that would create two lots on property located next to and east of General Sieben Drive and across from West 14th St.; and also a proposal to rezone approximately 3.3 acres of property located next to and east of General Sieben Drive from Ag. to Low Density Residential (R-l). The City Clerk provided proof of affidavit of publication. Mayor Werner asked if anyone wished to speak on the issue, no one wished to do so. The Mayor closed the public hearing at 7:07 p.m. February 20, 1996 RE . - 6-96 VACATE PART OF CANNON ST. ~ :3 -~-o/~ ~r P .H. - REZONE- GEN. SIEBE~'DR./ W. 14TH ST. Moved by Councilmember Simacek, seconded by Councilmember REZONE-MINOR Moratzka to approve a rezone and minor subdivision of City owned property SUBD. GEN. SIEBEN east of and next to General Sieben Drive. This motion approves a rezone from DR. Ag. to R-l approximately 3.3 acres of property located next to and east of General Sieben Drive, and the approval of the minor subdivision to create two lots (Parcels A and the balance of West 14th Street Ponding Basin). 6 Ayes; Nays, None. r' Moved by Councilmember Hicks, seconded by Councilmember Johnson to approve the request from Applebee's International, Inc., for a special use permit, site plan and variances for a new restaurant at 2000 Vermillion St. as approved by the Planning Commission subject to the following conditions: A. That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same district. B. The literal interpretation of the City Code would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of Chapter 10. C. That the special conditions and circumstances do not result from the actions of the applicant. D. That granting the variance requested will not confer on the applicant any special privilege that is denied by Chapter 10 to other lands, structures, or buildings in the same district. No non-conforming use of neighboring lands, structures, or buildings in the same district, and no permitted or non-conforming use of lands, structures, or buildings in other districts shall be considered grounds for the issuance of a variance. 6 Ayes; Nays, None. '- " SPECIAL USE/SITE PLANN ARIANCE- APPLEBEE'S 1ST READING- STORE RV's Moved by Councilmember Hicks, seconded by Councilmember Johnson to approve the 1st Reading of an amendment to City Code Section 10.05, Subd. 9, relating to provisions for the storage of recreational equipment that include the following recommendations: 1. No recreational equipment shall be allowed in the right-of-way. 2. One currently licensed recreational equipment item 7 feet or less high shall be allowed in the driveway. 3. One currently licensed recreational equipment item may park behind the nearest portion of a building to a street. 4. A maximum of two currently licensed recreational equipment items may be stored outside on a property. 5 Ayes; Nays, Simacek r Page 3 Moved by Councilmember Hicks, seconded by Councilmember Moratzka authorizing the City Attorney's Office to proceed with a Registration Proceedings which will extinguish two existing road easements; and then to determine the boundaries of the City's property on the north side of the Southwest Ponding Basins, which is included in the City's sale of excess property. 6 Ayes; Nays, None. Moved by Councilmember Moratzka, seconded by Councilmember Plan establishing a Forester/Parkkeeper position in the Parks Department; adopting a job description and authorizing City Staff to post the notice of the new position. 6 Ayes; Nays, None. Moved by Councilmember Simacek, seconded by Councilmember Hicks to authorize the special Council meeting on Wednesday, February 28, 1996 at 7:00 p.m. with Hastings Hockey Boosters to discuss the possibility of adding a second sheet of ice to the Hastings Civic Arena. 6 Ayes; Nays, None. Moved by Councilmember Simacek, seconded by Councilmember Johnson to adjourn to a closed door session at 7:43 p.m. regarding 1996 Contract Negotiations and also the Starks and Fields vs. Minnesota Police Recruitment System Lawsuit. 6 Ayes; Nays, None. Mayor Werner opened the regular Council meeting at 8:25 p.m. February 20, 1996 SALE OF EXCESS PROPERTY PARKKEEPER POSITION SPECIAL COUNCIL MEETING ADJOURN TO CLOSED DOOR REOPENED REGULAR COUNCIL MEETING Moved by Councilmember Moratzka, seconded by Councilmember Hicks RES. NO. 2-27-96 approving Resolution No. 2-27-96 approving allocation of damages and r authorizing payment thereof in the lawsuit of Starks /Fields vs. M.P.R.S. 6 Ayes; Nays, None. Copy of resolution on file. ~ Moved by Councilmember Hicks, seconded by Councilmember Moratzka M.P .R.S. authorizing an Affirmative Action plan at it pertains to encouraging African- American Students to consider a career in law and enforcement; and that the City will join in the hiring commitment for African-American Law Enforcement candidates as that hiring commitment is presently structured. 6 Ayes; Nays, None. Moved by Councilmember Simacek, seconded by Councilmember ADJOURNMENT Johnson to adjourn the regular Council meeting at 8:30 p.m. 6 Ayes; Nays, None. ~~.~ ATTEST~~6~ City Clerk Mayor