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10-12-1999 CCM MINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, OCTOBER 12, 1999 1. Mayor Torgerson called the meeting to order at 5 :30 p.m. Present: Mayor Marlin Torgerson, Council Members John Mlinar, Kay Peterson and Don Erickson. Absent: Council Member Jeff Haag. Also present: City Administrator Gary D. Plotz, Director of Engineering John Rodeberg, and Attorney Richard Schieffer. 2. In the absence of a pastor, there was no invocation. 3. MINUTES The minutes of the regular meeting of September 28,1999 were approved as presented. 4. CONSENT AGENDA (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. HUTCHINSON COMMUNITY DEVELOPMENT CORPORATION MINUTES OF AUGUST 27,1999 2. LIBRARY BOARD MINUTES OF SEPTEMBER 27,1999 3. BUILDING OFFICIAL'S REPORT FOR SEPTEMBER 1999 4. POLICE CIVIL SERVICE COMMISSION MINUTES OF OCTOBER 5, 1999 5. PARKS, RECREATION & COMMUNITY EDUCATION ADVISORY BOARD MINUTES OF SEPTEMBER 2, 1999 (b) RESOLUTIONS AND ORDINANCES 1. ORDINANCE NO. 99-264 - AN ORDINANCE AMENDING ORDINANCE NO. 735, ADOPTED APRIL 8, 1986; AMENDMENTS RELATED TO MONUMENTS AND MARKERS IN THE CITY'S CEMETERY (SECOND READING AND ADOPT) 2. RESOLUTION NO. 11329 - RESOLUTION FOR AUTHORIZATION OF SENIOR CITIZENS DEFERRED ASSESSMENT 3. RESOLUTION NO. 11330 - RESOLUTION ESTABLISHING GARBAGE RATES (c) DANCE PERMIT FOR JOSE A. PALACIOS ON OCTOBER 23, 1999 WITH UNFAVORABLE RECOMMENDATION (d) PROCLAMATION DECLARING OCTOBER 25-29, 1999 AS MINNESOTA MANUFACTURERS WEEK ( e) CONTRACTS FOR AIRPORT PHASE II DEVELOPMENT . CHANGE ORDER NO.2 FOR TERMINAL REVISIONS . TESTING SERVICES WITH AMERICAN ENGINEERING TESTING (f) ASSESSMENT ROLL NO. 5036 FOR LETTING NO.9/PROJECT NO. 98-18 CITY COUNCIL MINUTES - OCTOBER 12,1999 (HOSPITAL PARKING LOTS): y RESOLUTION NO. 11331 - DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT y RESOLUTION NO. 11332 - RESOLUTION WAIVING HEARING ON PROPOSED ASSESSMENT, ASSESSMENT ROLL NO. 5036, LETTING NO. 9/PROJECT NO. 98-18 y RESOLUTION NO. 11333 - RESOLUTION ADOPTING ASSESSMENT, ASSESSMENT ROLL NO. 5036, LETTING NO. 9/PROJECT NO. 98-18 (g) PLANNING COMMISSION ITEMS: 1. LOT SPLIT REQUESTED BY EARL OLSON LOCATED ON 1125 CHEYENNE STREET SW WITH FAVORABLE RECOMMENDATION AND STAFF RECOMMENDATIONS 2. LOT SPLITS REQUESTED BY PAUL BETKER ON THE FOLLOWING WITH FAVORABLE RECOMMENDATION AND STAFF RECOMMENDATIONS: y 901 & 903 HILLCREST ROAD NE y 907 & 909 HILLCREST ROAD NE 3. LOT SPLIT AND VARIANCE REQUESTED BY PAUL BETKER TO INCREASE LOT COVERAGE FROM 35% TO 39% LOCATED AT 825 & 827 HILLCREST ROAD NE WITH FAVORABLE RECOMMENDATION AND STAFF RECOMMENDATIONS (ADOPT RESOLUTION NO. 11334) 4. CONDITIONAL USE PERMIT REQUESTED BY MCLEOD COUNTY TO CHANGE USE TO HOUSEHOLD HAZARDOUS WASTE FACILITY AND MATERIALS RECOVERY CENTER LOCATED AT 1065 FIFTH AVENUE SE (SOLITRA BUILDING) IN 1-2 DISTRICT (HEAVY INDUSTRIAL) WITH FAVORABLE RECOMMENDATION AND STAFF RECOMMENDATIONS (ADOPT RESOLUTION NO. 11335) 5. CONDITIONAL USE PERMIT REQUESTED BY REX ERICKSON FOR CONSTRUCTION OF 50' X 30' GARAGE LOCATED AT 590 PETERSON CIRCLE NE WITH FAVORABLE RECOMMENDATION AND STAFF RECOMMENDATIONS (ADOPT RESOLUTION NO. 11336) 6. PRELIMINARY AND FINAL PLAT SUBMITTED BY PAUL BETKER FOR WALNUT RIDGE ESTATES PLAT 2 WITH FAVORABLE RECOMMENDATION AND STAFF RECOMMENDATIONS (ADOPT RESOLUTION NO. 11337) 7. REZONING REQUESTED BY GREAT PLAINS DEVELOPMENT TO REZONE PROPERTY FROM R-l (SINGLE FAMILY RESIDENCE) TO R-2 (MULTIPLE FAMILY RESIDENCE - 1 & 2 FAMILY) LOCATED EAST OF LAKEWOOD DRIVE SW AND NORTH OF SOUTH GRADE ROAD WITH UNFAVORABLE RECOMMENDATION (ADOPT RESOLUTION NO. 11338) 8. REZONING REQUESTED BY CITY OF HUTCHINSON TO REZONE 2 CITY COUNCIL MINUTES - OCTOBER 12,1999 PROPERTY FROM R-2 (SINGLE FAMILY RESIDENCE - 1 & 2 FAMILY) TO 1-2 (HEAVY INDUSTRIAL) FOR CONSTRUCTION OF COMPOST FACILITY LOCATED ALONG HWY. 22 SOUTH (TABLED TO OCTOBER 19, 1999 PLANNING COMMISSION MEETING) 9. AMENDED CONDITIONAL USE PERMIT REQUESTED BY BARRY BARTON FOR CONTINUED CONSTRUCTION ON STORAGE UNITS LOCATED ON 407 SCHOOL ROAD NORTH WITH FAVORABLE RECOMMENDATION AND STAFF RECOMMENDATIONS WITH CHANGES IN CONDITIONS (ADOPT RESOLUTION NO. 11339) 10. CONDITIONAL USE PERMIT REQUESTED BY PAXTON ANDERSON TO CONSTRUCT MULTI-FAMIL YHOUSING (5-PLEX) LOCATED AT 851 DALE STREET SW IN R-3 DISTRICT WITH FAVORABLE RECOMMENDATION AND STAFF RECOMMENDATIONS (ADOPT RESOLUTION NO. 11340) (h) APPOINTMENTS TO LIBRARY BOARD AND PIONEERLAND LIBRARY SYSTEM BOARD: . LARRY LADD - LIBRARY BOARD . JAN CROW - PIONEERLAND LIBRARY SYSTEM BOARD Motion by Mlinar, second by Peterson, to approve the consent agenda, except for item 4-(g)- 7. Motion unanimously carried. Item 4-(g)-7 -- Peterson requested clarification on the recommendation being changed when City staff approved the rezoning and the Planning Commission denied it. Schieffer explained that the rezoning would affect the entire 48 acre parcel and change the zoning from R-llight density residential to R-2 medium density. Although Great Plains was proposing to build mostly detached, single-family homes, the plans included some twin homes in the southeast corner. Approximately 50 neighbors in the areas of Lake wood Drive (to the west) and Roberts Road presented a petition objecting to the proposal. The neighbors and the Planning Commission were concerned that once the land was rezoned, the developer could revise the plan to multi-family. Schieffer stated the Planning Commission was requesting a revised plan. Motion by Mlinar, second by Peterson, to approve the unfavorable recommendation of the Planning Commission and to request Great Plains to present a revised plan. Motion unanimously carried. 5. PUBLIC HEARING (a) TAX RATE INCREASE FOR 1999 TAX LEVY, COLLECTIBLE IN 2000 The Mayor called the public hearing to order at 6:00 p.m. Finance Director Kenneth B. Merrill reported that it was a State mandate to hold a public hearing regarding the 1999 tax levy since there is always the possibility of a tax rate increase. The public can learn more about the tax levy at the Truth in Taxation Hearing to be held on December 6, 1999 at 5:30 p.m. Motion by Erickson, second by Peterson, to close the hearing at 6:01 p.m. Motion unanimously carried. 3 CITY COUNCIL MINUTES - OCTOBER 12,1999 Motion by Erickson, second by Mlinar, to approve and adopt Resolution No. 11341. Motion unanimously carried. 6. COMMUNICATIONS. REQUESTS AND PETITIONS (a) DISCUSSION OF REPORT ON 1999 ANNUAL EVALUATION AND PLANNING SYSTEM FOR WASTEWATER TREATMENT PLANT It was noted that this is an annual report filed with the MPCA. The City of Hutchinson scored very well on the report. Motion by Erickson, second by Mlinar, to approve and certify the report. Motion unanimously carried. 7. UNFINISHED BUSINESS - NONE 8. NEW BUSINESS (a) CONSIDERATION OF SETTING WORKSHOP DATE FOR 2000 BUDGET REVIEW Motion by Erickson, second by Peterson, to set a budget 2000 workshop for 4:00 p.m. on October 26, 1999. Motion unanimously carried. (b ) CONSIDERATION OF ADVERTISING FOR REQUEST FOR PROPOSALS FOR CONSULTANT FOR LIQUOR HUTCH EXPANSION AND OPERATION REVIEW Neil Wegner, Liquor Store Manager, reported there had been discussion for some time regarding either expanding the existing liquor store or adding a second store. He requested authorization to advertise for a RFP for a consultant to conduct a Liquor Hutch Expansion and Operation Review. Motion by Peterson, second by Mlinar, to approve going out for proposals on RFP. Motion unanimously carried. (c) CONSIDERATION OF REQUEST FROM HUTCHINSON UTILITIES COMMISSION TO WAIVE ALL BUILDING PERMIT FEES AND VARIANCE FEES RELATING TO UTILITIES BUILDING ADDITION AND RENOVATION The Hutchinson Utilities Commission requested that the building permit and variance fees be waived relating to the building addition and renovation at 225 Michigan Street SE. Motion by Mlinar, second by Peterson, to approve waiving building permit fees in the amount of $9,152.55, with the exception of the state surcharge. Motion 4 CITY COUNCIL MINUTES - OCTOBER 12,1999 unanimously carried. (d) CONSIDERATION OF ENTERING INTO GRANT AGREEEMENT NO. 78956 FOR AIRPORT MAINTENANCE AND OPERATION WITH MN/DOT OFFICE OF AERONAUTICS It was reported that Mn/DOT had increased the budgeted amount by about 10%. Motion by Peterson, second by Erickson, to approve and enter into agreement and to adopt Resolution No. 11342. Motion unanimously carried. ( e) CONSIDERATION OF SUBDIVISION AGREEMENT FOR HUNTER'S RIDGE SECOND ADDITION Rodeberg reported that (e) and (f) were private developments with 100% completion by the developer. There would be no City cost in the project. Motion by Erickson, second by Peterson, to approve the subdivision agreement. Motion unanimously carried. (f) CONSIDERATION OF SUBDIVISION AGREEMENT FOR WALNUT RIDGE ESTATES PLAT 2 Motion by Erickson, second by Peterson, to approve the subdivision agreement. Motion unanimously carried. 9. MISCELLANEOUS (a) COMMUNICATIONS FROM COBORN'S, INC. (DBA: CUB FOODS) Coborn's Incorporated requested a tobacco license and off-sale non-intoxicating malt liquor license for the new Cub Foods grocery store to be opened in Hutchinson on November 1, 1999. Motion by Erickson, second by Mlinar to approve the two licenses. Motion unanimously carried. (b) COMMUNICATIONS FROM COUNCIL MEMBER JOHN MLINAR Mlinar commented on a letter received from the Crow River Habitat for Humanity thanking the City Council for waiving the building and plumbing permit fees at the 619 Lynn Road construction site. (c) COMMUNICATIONS FROM CITY ADMINISTRATOR 5 CITY COUNCIL MINUTES - OCTOBER 12,1999 Plotz reported on the Directors' In-Service Retreat held on October 11 and reviewed some of the topics covered. (d) COMMUNICATIONS FROM DIRECTOR OF ENGINEERING Rodeberg stated that while he is gone for six weeks on an extended vacation, the services of the County Engineer would be available. 10. CLAIMS. APPROPRIATIONS AND CONTRACT PAYMENTS ( a) VERIFIED CLAIMS Motion by Peterson, second by Erickson, to approve the claims and authorize payment from appropriate funds. Motion unanimously carried. 11. ADJOURNMENT There being no further business, the meeting adjourned at 6:02 p.m. 6