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HomeMy WebLinkAbout05-21-73 1217 1217 May 21, 1973 The City Council of the City of Hastings, Minnesota met in a regular meeting on Monday May 21, 1973 at 8:00 o'clock P.M. in the Council Chambers of City Hall. Members present: Councilmen Collins, Schnirring, O'Connor, Wilson, Driscoll, Novak, and Mayor Petersen. Members absent: Councilmen Kramer and Hallberg. [ Minutes of the last meeting were read and approved. The first item on the Agenda was the Public Hearing on the application of H.D. Hudson Company for a variance to the parking re- quirements of the Zoning Ordinance (Section 8.1). The Mayor vacated the chair and Acting Mayor Driscoll assumed the chair and declared the meeting open. All persons wishing to be heard were given an opportunity to speak on the question. The requested variance is for 27 parking spaces if the open area at Eddy Street extended north of Second Street is maintained as open area; or, for 13 parking spaces if this open area is converted to parking use. Mr. Jensen and Mrs. Stoffel spoke on behalf of the Planning Commission. Mr. Thiel and Mr. Biehl spoke on behalf of the applicant. Mr. Pe11anc spoke on behalf of the Chamber of Commerce. Other citizens also spoke to the question. The report of a sub-committee of the Planning Commission passed upon by the Planning Commission, was read and received. '.. After/H1 persons wishing to speak were heard, the Acting Mayor declared the Hearing closed. Councilman Wilson moved and Councilman Novak seconded the follow- ing motion: r That incident to it's proposed construction on it's present site, H.D. Hudson Manufacturing Company be granted a variance from Section 8.1 of the City Zoning Ordinance, to allow the applicant to provide for (27) twenty seven less parking spaces than required by the Zoning Ordinance, with the open areas on the north side of Second Street to be maintained as open areas. That said variance be granted OD the following condition (agreed to by Mr. Thiel on behalf of the applicant): that if any portion of the existing structures which extend to the south is removed at any future date, the land thereby made available be used to meet the parking requirements of the Ordinance (without variance) unless the applicant has acquired other lands for parking so that the parking requirements of the Zoning are met, without variance. Further that the applicant be granted a building permit, subject to all applicable ordinance except for the variance herein granted. Ayes, all; Nays, none. Moved by Councilman Collins, seconded by Councilman Wilson to approve a Popcorn License for James Thiel effective for one year be- gin~ing May 22, 1973. Ayes, all; Nays, none. Moved by Councilman Driscoll, seconded by Councilman Schnirring to approve the following partial payments to George W. Olson Construction Company for work performed on the Public Safety and Public Works Buildings. Ayes, all; Nays, none. ,--, 1 I Public Works Building Public Safety Building $12,005.1:0 $ 4,559.40 Moved by Councilman Schnirring, seconded by Counci1m~n Driscoll that a Public Hearing be held on Monday, June 18, 1973 at 8:00 o'clock P.M. in the Council Chambers of the City of Hastings and that the following notice be published, mailed and posted as required by the City Zoning Ordinance dated December 7, 1970. Ayes, all; Nays, none. NOTICE OF HEARING Notice is hereby given that the City Council of the City of Hastings Minnesota will meet in a Public Hearing on Monday June 18, 1973 at 8:00 o'clock P.M. in the Council Chambers of the City Hall to consider the following: 1218 1218 A variance in accordance with Section 9.15 "District Lot Regulations" of the City Zoning Ordinance dated December 7th, 1970. to reduce the required rear and side yard set back on Lots 7 and 8, Block 54, Origiaa1 Town of Hastings. Persons desiring to be heard in reference to this matter may be heard at this time. BY ORDER OF THE CITY COUNCIL this 21st day of May, 1973. Wallace H. Erickson City Clerk o Moved by Councilman Driscoll, seconded by Councilman Novak to refer to the P1annipg Commission the request of the Hastings Bee Line to allow a designated two (2) customer parking spaces on West 2nd Street immediately adjacent to their access driveway. Ayes, all;Nays, none. Moved by Councilman Driscoll, seconded by Councilman Wilson to approve the request of the Mrs. Jaycees to have 2nd Street blocked off from the 1st National Bank parking lot to Tyler Street for the Kiddie Parade to be held on Saturday, June 23, 1973, for approximately one hour beginning at 10:00 A.M. Ayes, all; Nays, none. NORTHERN STATES POWER Moved by Councilman Wilson, seconded by Councilman Novak to pass the first reading of an Ordinance granting to Northern States Power, a Minnesota Corporation, it's successors and assigns, permission to con- struct, operate, repair, and maintain in the City of Hastings an electric distribution system and transmission lines, including necessary poles, pole lines, and fixtures and appertinances; for the furnishing of electric energy to the City and it's inhabitants, and others, and to use the streets, alleys, and public grounds of said City for such purposes; prescribing certain terms and conditions thereof, and prescribing the rates to be charges therefore. Ayes, all; Nays, none. c Moved by Councilman Wilson, seconded by Councilman Schnirring to refer to the Planning Commission for review the final Plat of Whispering Oaks 1st Addition to the City of Hastings, Ayes, all; Nays, none. Moved by Councilman O'Connor, seconded by Councilman Schnirring to approve the attendance of John Davidson, City Engineer to the Minnesota Society of Professional Engineers to be held in Duluth, Minnesota on June 14, 15, and 16. Ayes, all; Nays, none. Moved by Councilman Driscoll, seconded by Councilman Wilson to approve the attendance of Roger Tonsager, City Building Inspector to the International Chapter of Building Officials to be held at Alexandria, Minnesota on May 25th. Ayes, all; NaYJ, none. RESOLUTION PROHIBITING VEHICULAR TRAFFIC IN CITY PARKS WHEREAS, the City Council of the City of Hasti88s has determined and hereby prohibits the use of any motorized vehicular traffice within the City Parks in the City of Hastings, with the exeeption of Rebecca Park, The Old Mill Park, and the 15th Street Ponding Basin Area. NOW, THEREFORE BE IT RESOLVED, that the only laek .tea ~~~hin the City of Hastings allowing vehicu1 traffic shall be: Rebecca Park, Old Mill Park, and the 15th Street Po g Basin Area. o Adopted by the City Council 0 day of May, 1973. City of Hastings this 21st ATTEST,_(;J-.tI, -;t;~ City C1er Chapter 166, Laws of the State of Minnesota 1973 Session was pre- sented to the City of Hastings, Minnesota for acceptance. Upon motion duly made by Councilman Collins, seconded by Councilman Driscoll, it was: r I I \ I I l 1219 RESOLVED: that the City Council of the City of Hastings, Minnesota does hereby approve the Laws of the State of Minnesota 1973 Session, Chapter 166, (Retirement Benefits to Firemen). Adopted by the City Council Upon being put to a vote, the foregoi by the following vote: Ayes, all; Nays, none. ATTEST: ~ ~L~~ City Ier Chapter 91, Laws of the State of Minnesota 1973 Session was pre- sented to the City of Hastings, Minnesota for acceptance. Upon motion duly made by Councilman Wilson, seconded by Councilman Novak, it was: RESOLVED: that the City Council of the City of Hastings, Minnesota does hereby approve the Laws of the State of Minnesota 1973 Session, Chapter 91, (Flood Control Agreement with United States). Adopted by the City Council Upon being put to a vote, the forego by the following vote: Ayes, all; Nays, none. approved ATTEST: W I IJ -t::u~- City Clerk Moved by Councilman Driscoll, seconded by Councilman Novak that the Building Inspector and Fire Marshall provide the City Council with a written report on the condition of the properties located at 666 East 2nd Street, owned by Mrs. Gerome Schmitz, and at 518 West 4th, under the care of Mrs. Leo Schumacher. Ayes, all; Nays, none. The next item on the agenda was the matter of the codified ord- inances of the City. Mr. Fluegel, City Attorney, reported that the final proposed draft of the codified ordinances for the City, which were delivered to the City Council at the regular meeting of May 7, 1973, and which have been on file at the City Clerk's office since that time, require adoption by ordinance as in the case of other ordinances. It was further reported that sealed bids had been received from Hastings Gazette and Graphic Design. Bids were prepared by the Hastings Gazette and Graphic Design after the Codifier, Mr. Jenson met with representatives of the two printers. Graphic Design, Inc. submitted a lower bid. A discussion by the Council took place with reference to adoption. It was noted that three affirmative votes would be required in accordance with the City Charter. After fur- ther discussion, Councilman Driscoll moved and Councilman Novak seconded a motion to pass the first reading of an ordinance entitled "Ordinance Number One (1), Second Series, in words and figures as follows: "AN ORDINANCE ADOPTING A REVISION AND CODIFICATION, WITH ( '<' CERTAIN ADDITIONS AND DELETIONS, OR ALL ORDINANCES OF THE CITY OF HASTINGS, MINNESOTA, PURSUANT TO AUTHORITY GRANTED IN MINNESOTA STATUTES, SECTION 415.021, EXCEPT SUCH ORDINANCES AS ARE NUMBERED AND CITED IN THE TEXT OF CHAPTERS 1 THROUGH 12 INCLUSIVE, (COMMONLY REFERRED TO AS REFERENCE LEGISLAT10N), AND ALSO EXCEPT SUCH ORDINANCES AS ARE DESCRIBED IN THE CATEGORIES LISTED IN CHAPTER 13 (COMMONLY REFERRED TO AS SPECIAL LEGISLATION); ESTABLISHING A NAME FOR SAID CODIFICATION, MEANS OF CITATION, EFFECTIVE DATE, NOTICE AND PRINTING PROCEDURE, SPECIFICATIONS AND INSTRUCTIONS; AND, PROVIDING PENALTIES FOR THE VIOLATION THEREOF. " Section I. Adoption. All ordinances of the City of Hastings, Minnesota, heretofore adopted, except such ordinances as are numbered 1220 and cited in the text of Chapters 1 through 12, inclusive, and also except such ordinances as are categorized in Chapter 13, should be and are hereby revised, codified, and, with additions and deletions, adopted as set forth in that certain document known as the CITY CODE OF THE CITY OF HASTINGS, MINNESOTA, pursuant to authority granted by Minnesota Statutes, Section 415.021. Section II. Citation. The CITY CODE may be cited as "City Code, Sec. " Sectio'n I:j:I. Effective Date, Ptinting>tk' Notice, of Availability. 0 The CITY CODE shall be effective on Septemberl, 1973. The City Clerk shall cause said CITY CODE to be printed in loose leaf form and copies thereof in a substantial quantity made available for distribution to the public at a reasonable charge, the exact quantity, charge, add printing specifications to be more specifically determined by the City Council. The City Clerk shall cause Notice of Availability of copies to be published in the offi- cial newspaper for at least two (2) successive weeks prior to such effective date, which notice shall state that copies of the CITY CODE are available at his office for general distribution to the public at a reasonable charge. Section IV. Prima Facie Evidence. Such codification, known as the CITY CODE, is hereby declared to be prima facie evidence of the law of the City of Hastings, Minnesota. Section V. Penalty. Every person violates the CITY CODE when he intentionally performs an act therein prohibited or declared unlawful, and upon conviction thereof, shall be sentenced as for a misdemeanor to not more than ninety (90) days or a fine of not more than $300.00, or both, or, as for a petty misdemeanor, sentence or a fine of not more than $100.00. Section VI. This ordinance shall take effect and be in force from and after its official publication. This first reading was passed by the following vote: Ayes, all; Nays, none. o The next item on the agenda was the matter of acquisition of easements for the establishment of West Fourth Street from Pleasant Drive Westerly to the city limits. The City Engineer and City Attorney reported that, on behalf of the City, they had contacted all owners of land involved in the strip of land proposed to become West 4th Street from Pleasant Drive to the westerly City limits. Acquisition of title or easement rights at the rate of $2,000 per acre had been agreed to by all property owners involved. The price is in accordance with the sales of adjacent properties and the Engineer and Attorney recommended acquisition of the neeessary rights in the land based upon per acre price of $2,000 with the costtte be assessed against benefited properties. Councilman Driscoll moved, and Councilman Novak seconded the following resoiution: RESOLUTION ON LAND ACQUISITION (WEST FOURTH STREET) WHEREAS, it is necessary and expedient to establish the line of West Fourth Street from Pleasant Drive westerly to the corpor- ate limits; and WHEREAS, the following described strip of land is the most desi.able location for said street: o The South 33 feet of the North ~ of the Northwest ~, the North 33 feet of the South ~ of the Northwest ~; the South 33 feet of the North ~ of the Northeast ~ westerly of Plea- sant Drive; the North 33 feet of the South ~ of the North- east ~ westerly of Pleasant Drive, which is the Northerly 33 feet of Ourlot E of Imperial Estates First Addition, All in Section 29, Township 115 North, Range 17 West; according to the plat thereof on file with the Dakota County Register of Deeds; and WHEREAS, the owners of the aforedescribed property had indicated willingness to convey to the City the necessary rights in said Ii ,rj I 1221 property for the establishment and construction of a street thereon, upon receipt of consideration computed at the rate of $2,000 per acre; and WHEREAS, said price appears reasonable, and the establishment of said street is necessary. NOW, THEREFORE, BE IT RESOLVED: 1. That the City acquire the aforementioned properties which shall become a part of Fourth Street in the City, pay1ng therefor the owners at the rate of $2,000 per acre; 2. That the Engineer and Attorney are authorized to proceed to conclude the acquisition of the necessary right-of-way and the Clerk is authorized and instructed to disburse funds in accordance herewith from the 1973 Construction Account. 3. That the funds so disbursed said right-of-way shall be charged of the 1973 construction work. Upon being put to a vote mously adopted. ATTEST: LJ .t;j -:;zCJ-... Ci ty Cle .. Moved by Councilman Collins, seconded by Councilman Driscoll that the bills as audited be approved and the City Clerk be instructed to issue warrants for the same. Aye~, all; Nays, none. CLA IMS MAY 21, 19?3 r ~AMES NO. Walter E. Petersen 7118 Wallace H. Erickson 7119 North Central Crime Conference 7120 Northwestern Nat'l Bank of Hastings7121 Postmaster 7122 Metro. Sewer Board 7123 Mac McGoon Studio 7124 Northwestern Ins. Agency 7125 Kiplinger Wash. Editors Inc. 7126 Xerox Corp. 7127 Werth Grocery 7128 Luxor Lighting Products Inc. 7129 Lyle Signs Inc. 7130 The Harstad Co. 7131 H.S. Kaplan 7132 D.L.R. Const. Co. Inc. 7133 Ha10gren Supply Co., Inc. 7134 Del's Southside "66" 7135 Carlson Tractor & Equip. 7136 Pioneer Sporting Goods 7137 Farm Implement Co. 7138 Hastings Armory Board 7139 Hastings Area Chamber of Comm. 7140 Ronald J. Hillmer 7141 Air Comm 7142 Amoco Oil Co. 7143 Ho1zemer Shoe 7144 Uniforms Unlimited Inc. 7145 Clarence Latch 7146 Kane '1 s "66" Service 7147 McDona1ds Hardware 7148 Hawkinsen Printing Co. 7149 Hastings Paint & Wallpaper 7150 Fire Chief Magazine 7151 Macqueen Equip. Inc. 7152 Hastings Automotive Machine Shop 7153 Behrens Auto Supply Co. 7154 Northwestern Refining Co. 7155 B-Tu-Mix Co. 7156 Miss. Welders Supply Co. Inc. 7157 The American City Berkshire Comm. 7158 Zephyr Cleaners 7159 Viking Industrial Center 7160 Hilker Industrial Electronics 7161 Davies Water Equip. Co. 7162 Rup Interstate Utility Prod. Inc. 7163 Judge's Electric & Appliance Inc. 7164 Chapin Publishing Co. 7165 O'Connor-Kranz Co. Inc. 7166 Northern State Power 7167 American Linen Supply Co. 7168 Graphic Design Inc. 7169 Fair Book & Office Supply 7170 Local Oil Co. 7171 Jacobsen's Hardware 7172 Hastings Lumber Mart Inc. 7173 Dakota Cty. Highway Dept. 7174 Doerer's Genuine Parts Stores 7175 Bahls Motor & Imp. 7176 Motor Supply & Machine 7177 Hall Equip. Inc. 7178 Color Lab of Hastings 7179 Weber & Troseth 7180 Gopher Welding Supply Co. 7181 To1ta, King, Duvall, Anderson & Assoc. Inc. Lyon Chemicals, Inc. Harry S. Johnson Land Surveyors, Inc. Earl V. Zehnder, Dak. Cty. Treas. 1st Nat'l Bank of St. Paul N/W Nat'l Bank of Mp1s. 1st Nat'l Bank of St. Paul l ~ 7182 7183 7184 7185 7186 7187 7188 DISPOSITION Expenses Expenses Registration Federal Withholding Postage Monthly Charge Prints Insurance Subscription Rent of Equip. & Supplies Supplies Supplies Street signs " " Services Equip. & Labor Safety Supplies Repairs " Supplies Repairs & Supplies Rent Brochures & Posters Expenses Repairs Fuel Clothing Allowance " " Expenses Repairs Supplies " " Subscription Repairs & Equip. " " Const. Materials " " Supplies Publication Supplies " Service Contract Supplies Meters Supplies Adv. Supplies April Billing Supplies " Office Supplies Fuel & Supplies Repairs Repairs & Supplies Labor & Supplies Repairs " " " Supplies Supplies Chemicals Eng. Consultation Chemicals Survey Service Real Estate Taxes Bond Payment " " " " 1222 AMOUNT $ 6.50 42.97 30.00 2 , 681. 00 80.00 2,178.00 24.00 17,122.00 28.00 233.81 32.65 50.82 140.85 375.03 125.00 2 ,726. 00 68.42 7.00 3.57 74.00 527 . 54 30.00 109.40 129.66 35.00 6.12 21.95 182.42 39.00 5.75 2.78 18.50 12.05 7.50 624. 52 11.58 738.95 260.21 124.07 22.50 5.00 3.40 22.50 39.20 327.25 913.49 16.00 127.10 68.88 3,597.88 48.46 131. 7 5 31.59 307.71 53. 71 422.11 963.20 20.13 698.05 134 . 70 875.26 26.12 189.62 16.55 6,617.47 457.39 514.44 580.38 6,118.00 2,251. 00 2,415.00 1223 NAMES Joyce Hoffman Elizabeth Tingquist Mark Boxrud Peter McCann John Yanz Martin Conzemius Francis Dummer C.N. Johnson Clifford Nordstrom Henry Emholtz Arthur Zgoda Harold Knoll Joseph Pavelka Harold Robinson, Sr. Ronald Hillmer Char10tte Stoudt Kenneth Carl George Dummer LaVere Fox Arthur Zgoda Peter McCann Dorothy Fritze Arleda Reichert Steven Pederson Michael Schmitz Richard Doffing Patrick Orman Arnold Endres Richard Doffing Danald~Lange Miles Christiansen Charles Bartelma Steven Pederson Michael Schmitz Municipal Ordiance Codifiers, Inc. Daryl Plath Gerald M. Nistler Local Oil Co. Central Natural Gas Co. NO. 7189 7190 7191 7.192 7193 7194 7195 7196 7197 7198 7199 7200 7201 7202 7203 7204 7205 7206 7207 n08 7209 7210 7211 7212 7213 7214 7215 7216 7217 7218 7219 7220 7221 7222 7223 7224 7225 7226 7227 DISPOSITION City Clerk Clerical " " " City Hall Labor "" " Dog Catcher Fees Landfill Attendent " " " " " " Landfill Labor " " Parks Overtime " " " " Police Overtime Police Clerical Street Overtime " " " " " " Street Labor Engineering Clerical " " Engineering Labor " " Water Overtime " " Wastewater Overtime " " " " Wastewater Labor Canst. Supervisior, 1973 Canst. Labor " " " Codification of City Expenses Clothing Allowance Fuel Refund AMOUNT $ 124. 60 201. 82 34.00 16.41 45. 00 38.56 44.98 38.56 40.48 335.60 13.00 41. 07 191.80 170.50 28.99 128.19 27.76 17 . 51 14.01 14.34 21.88 139.45 93.19 39.00 39.00 37.79 46.23 15.73 13.80 12.77 175.56 227.78 162.30 165.30 Ordinances 2,700.00 89.48 138.55 222.08 6.00 o o Moved by Councilman Novak, see the meeting be adjourned. Ayes, all; \..1.1 . ~l ~~,;.. City C r ATTEST: that o