04-25-2000 CCM
MINUTES
REGULAR MEETING - HUTCHINSON CITY COUNCIL
TUESDAY, APRIL 25, 2000
1. Mayor Torgerson called the meeting to order at 5:30 p.m. with the following members
present: Mayor Marlin Torgerson, Council Members Jim Haugen, John Mlinar, Kay
Peterson and Duane Hoversten. Also present: City Administrator Gary D. Plotz, Director of
Engineering John Rodeberg and City Attorney Marc A. Sebora.
2. Reverend Jerry Fluth presented the invocation.
3. MINUTES
The minutes of the regular meeting of April 4, 2000 and April 11 , 2000, Special Meeting of
April 18, 200, and Bid Openings of April 11 ,2000, April 17 ,2000, and April 18, 2000 were
approved as presented.
4. CONSENT AGENDA
(a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS
1. PLANNING COMMISSION MINUTES OF MARCH 21, 2000
2. HUTCHINSON HOUSING & REDEVELOPMENT AUTHORITY
MINUTES OF FEBRUARY 15,2000
3. TELECOMMUNICATIONS COMMISSION MINUTES OF APRIL 10,
2000
4. HUTCHINSON AREA HEAL TH CARE BOARD MINUTES OF MARCH
21,2000
5. FINANCIAL REPORT AND INVESTMENT REPORT FOR MARCH 2000
(b) RESOLUTIONS AND ORDINANCES
1. ORDINANCE NO. 00-269 - AN ORDINANCE AMENDING SECTION
10.31; MAINTENANCE OF PRIVATE PROPERTY TO CITY OF
HUTCHINSON WEED ORDINANCE AND LAND MANAGEMENT
PLAN (WAIVE FIRST READING AND SET SECOND READING FOR
MAY 9, 2000)
2. ORDINANCE NO. 00-270 - AN ORDINANCE OF THE CITY OF
HUTCHINSON, MINNESOTA, AUTHORIZING THE SALE,
DISPOSITION OR TRANSFER OF CERTAIN REAL ESTATE FROM
HUTCHINSON COMMUNITY DEVELOPMENT COMMISSION-EDA
TO RICHARD MCCLURE AND ADOPTING, BY REFERENCE, CITY
CODE CHAPTER 1 AND SECTION 2.99 WHICH, AMONG OTHER
THINGS, CONTAIN PENALTY PROVISIONS (WAIVE SECOND
READING AND ADOPT)
3. RESOLUTION NO. 11449- RESOLUTION ESTABLISHING LOCATION
FOR TRAFFIC CONTROL DEVICES
4. RESOLUTION NO. 11456- AUTHORIZING RELEASE OF PLEDGED
CITY COUNCIL MINUTES - APRIL 25, 2000
SECURITIES FROM FIRST FEDERAL FSB, HUTCHINSON, MN
5. RESOLUTION NO. 11457 - TRANSFERRING FUNDS FROM THE 1980
TAX INCREMENT DEBT SERVICE FUND TO 1990 AND 1992 TAX
INCREMENT DEBT SERVICE FUNDS
APPROVALS AND PERMITS FOR 58TH ANNUAL JAYCEE WATER
CARNIVAL ON JUNE 12-18,2000
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
DANCE PERMIT FOR JOSE PALACIOS ON MAY 13, 2000
MOVED TO 5-A FOR PUBLIC HEARING
OFF-SALE 3.2 BEER LICENSES
y CASH WISE FOODS
y SPEEDWAY SUPERAMERICA #4315
y TOM THUMB FOOD MARKET #196
y CITGO - QUIK MART
ON -SALE 3.2 BEER LICENSES
y GODFATHER'S PIZZA
y GOLD COIN INC
y HUTCHINSON HUSKIES BASEBALL ASSOCIATION
y KING'S WOK
y LITTLE CROW BOWLING LANES (DBA: HUTCH BOWL)
y PIZZA HUT
AUTHORIZATION FOR SHORT-TERM INVESTMENT
HARDEES AND AMERICAS FITNESS 1 OK TEDDY BEAR RUN ON JUNE 11,
2000
PLANNING COMMISSION ITEMS:
1. CONDITIONAL USE PERMIT AND VARIANCES TO PLACE
SECONDARY POLE SHED NEAR SOUTH FORK OF CROW RIVER
REQUESTED BY DEANE AND MAXINE DIETEL WITH FAVORABLE
RECOMMENDATION AND STAFF RECOMMENDTIONS (ADOPT
RESOLUTION NO. 11451
2. CONDITIONAL USE PERMIT TO CONSTRUCT DRIVE-UP BANK
FACILITY REQUESTED BY CITIZENS BANK AND TRUST LOCATED
NORTH OF EDMONTON AVENUE AND WEST OF HWY. 15 WITH
FAVORABLE RECOMMENDATION AND STAFF
RECOMMENDATIONS (ADOPT RESOLUTION NO. 11450)
3. ANNEXATION REQUEST BY KDUZ/KKJR FOR 3.10 ACRES AND
CITY OF HUTCHINSON FOR 15.18 ACRES LOCATED IN SECTION 30
OF HUTCHINSON TOWNSHIP (20132 HWY. 15 N.) WITH
FAVORABLE RECOMMENDATION AND STAFF
RECOMMENDATIONS (WAIVE FIRST READING OF ORDINANCE
NO. 00-271 AND SET SECOND READING FOR MAY 9, 2000)
4. CONDITIONAL USE PERMIT TO GRADE AND FILL IN
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CITY COUNCIL MINUTES - APRIL 25, 2000
FLOODPLAIN FOR CONSTRUCTION OF POLE BUILDINGS IN VC
DISTRICT REQUESTED BY CARLIE KARG WITH FAVORABLE
RECOMMENDATION AND STAFF RECOMMENDATIONS (ADOPT
RESOLUTION NO. 11454)
5. VARIANCE TO REPLACE ADDITION AND CONSTRUCT DETACHED
GARAGE WITH DRIVEWAY REQUESTED BY RICHARD AND
BARBARA PETERSON WITH FAVORABLE RECOMMENDATION
AND STAFF RECOMMENDATIONS (ADOPT RESOLUTION NO.
11455)
6. MORATORIUM ON CELLULAR AND RADIO TOWERS TO
UPDATE AND REVISE EXISTING PORTION OF ZONING
ORDINANCE (WAIVE FIRST READING OF ORDINANCE NO. 00-272
AND SET SECOND READING FOR MAY 9, 2000)
7. EXTENSION OF CONDITIONAL USE PERMIT FOR PAXTON
ANDERSON (ADOPT RESOLUTION NO. 11458)
Motion by Mlinar, second by Peterson to approve the consent agenda except
for 4-(b )-1,4-( e )-1, 4-(j)-1, 4-(j)-5 and 4-(j)-6. Motion unanimously carried.
4-(b )-1 - Motion by Mlinar, second by Hoversten, to defer to the next City
Council meeting for additional wording and for first reading of Ordinance
No. 00-269. Motion unanimously carried.
4-( e )-1 - Motion by Mlinar, second by Peterson to remove this item from
consent agenda for a public hearing. Motion unanimously carried.
4-(j)-1 - Director Julie Wischnack reported that the Planning Commission
over-turned the staff recommendations to deny the conditional use permit and
variances and instead approved the four alternative conditions listed in
Resolution No. 11451.
Mr. Deane Dietel, property owner, stated the gravel street was a low
maintenance, dead-end road with little traffic. He noted that since other
property owners on the street have additional buildings, he didn't believe it
was an unreasonable request.
Motion by Mlinar, second by Peterson to approve the conditional use permit
and variances and to adopt Resolution No. 11451. Motion unanimously
carried.
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CITY COUNCIL MINUTES - APRIL 25, 2000
4-0)-5 - Motion by Hoversten, second by Haugen to approve the variance.
Motion unanimously carried.
4-0)-6 - It was reported this item was pulled because of other issues on the
agenda that addressed antennas and towers. After discussion, there was a
motion by Mlinar, second by Haugen to approve the moratorium for a length
of four months on cellular and radio towers, with the exception of water
towers. Motion unanimously carried.
5. PUBLIC HEARING - 6:00 P.M.
LETTING NO.4, PROJECT NO. 00-05 (JORGENSON STREET) AND 00-06 (OAK
LANE)
The Mayor called the hearing on Letting No.4 to order at 6:00 p.m.
Rodeberg reported there was a public hearing on the project one month ago. Since then the
bids have been received. He noted the blacktop bids were higher than in the past. The City
plans to complete the work by September, and the actual cost will be based on the bids
awarded to the contractor. The City Engineer explained the payment process on the
improvement project and reviewed the breakdown costs.
Te~ Hickel, 1085 Jorgenson Street SE (Lot #9), commented that the lots in the Oak Park
Addition are not all the same size and some are odd shaped.
The City Engineer stated the assessment would be based on a per unit assessment.
Torgerson reported that the City Council had received a letter from Butch & Henrietta
Wentworth, 918 Jorgenson Street SE. The Mayor read the letter in which Wentworth
objected to the costs given in the preliminary notice and stated his house was only 14 years
old.
Motion by Mlinar, second by Peterson to close the hearing at 6: 12 p.m. Motion unanimously
carried.
Motion by Mlinar, second by Haugen to approve Letting No.4 and to adopt Resolutions No.
No. 11459 and No. 11460. Motion unanimously carried.
6. COMMUNICATIONS. REQUESTS AND PETITIONS
(a) PETITION FROM RESIDENTS LIVING ALONG OR NEAR MAJOR
HIGHWAYS REGARDING LOUD TRUCK NOISE
Ten residents living along Hwy. 7 East, Hwy. 15 S. and Hwy. 15 N. submitted a
petition that the City erect signs within the City limits requesting truck drivers not to
use their Jake brake.
Rodeberg reported several cities have signs posted that state "No Jake Braking." He
stated any action would require a hearing and ordinance. The City Engineer
suggested that City staff write the proposed ordinance.
Motion by Peterson, second by Mlinar to refer to staff the writing of the ordinance.
Motion unanimously carried.
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CITY COUNCIL MINUTES - APRIL 25, 2000
7. UNFINISHED BUSINESS
(a) CONSIDERATION OF SITE LEASE AND OPTION WITH A.P.T.
MINNEAPOLIS, INC. (DEFERRED APRIL 11, 2000)
Chuck Beisner and Greg Corsted presented some modifications to the site lease as
requested by the City Attorney. They reported the lease would cover a one 10-year
term with a one 10-year renewal, a $12,000 payment per year with a three percent
increase every year, and annual up-front payment. It was also noted that the tenant
would include the City of Hutchinson as an msured party with their insurance carrier
in the event of a lawsuit.
Motion by Mlinar, second by Hoversten to approve the revised lease and adoption of
Resolution No. 11472. Motion unanimously carried.
(b)
CONSIDERATION OF PLACING AUTOMATIC TELLER MACHINE (ATM) AT
HUTCHINSON AREA HEAL TH CARE FACILITY (DEFERRED APRIL 4, 2000)
Sebora reported the Hutchinson Area Health Care Board solicited quotes from all the
financial mstitutions in Hutchinson and all but one responded. It was the Board's
recommendation to award the contract to First Federal Bank. The hospital would
receive 10 cents per transaction.
Motion by Peterson, second by Hoversten to approve the award to First Federal
Bank and to adopt Resolution No. 11473. Motion unanimously carried.
8. NEW BUSINESS
(a) CONSIDERATION OF WAIVING BUILDING AND PLUMBING PERMIT FEE
FOR BIOSOLIDS DRYING PROJECT
Motion by Peterson, second by Hoversten to approve.
Amended motion by Mlinar, second by Peterson to approve waiver of the building
and plumbing permit fee in the amount of$9,667.13. Motion unanimously carried.
The original motion unanimously carried.
(b) CONSIDERATION OF ISSUING A "NOTICE TO PROCEED" TO RICE LAKE
CONTRACTING CORP. FOR BIOSOLIDS DRYING SYSTEM PROJECT
CONTINGENT UPON ACCEPT ABLE COMPLETION OF BONDING AND
INSURANCE REQUIREMENTS
Motion by Hoversten, second by Haugen to approve the "Notice to Proceed" with
contingencies issued to Rice Lake Contracting. Motion unanimously carried.
(c) CONSIDERATION OF REQUEST FROM HUTCHINSON TELEPHONE
COMPANY FOR A CABLE TELEVISION FRANCHISE
Motion was made by Peterson, seconded by Mlinar, to approve and waive first
reading of ordinance and set second reading for May 9, 2000. Motion unanimously
carried.
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CITY COUNCIL MINUTES - APRIL 25, 2000
Thomas Dahl, General Manager ofthe Hutchinson Telephone Company, introduced
their legal counsel, Attorney Mark Ayotte of Briggs & Morgan.
Attorney Ayotte reported that State law required the City to go through a franchise
procedure before granting a franchise. He noted that City Ordinance No. 95-131,
which granted a franchise to DD Cable Holdings, Inc., d.b.a. Midwest Cablevision,
and currently operating as Mediacom, was non-inclusive. Therefore, the City could
issue additional cable franchises. However, another franchise ordinance issued must
contain the same terms and conditions as the present franchise. Then he presented
the proposed time line for processing the request for a cable television franchise.
The City Council was given draft copies of Resolution No. 11461, the Notice By The
City of Hutchinson, MN Of Its Intent to Franchise A Cable Communications
System, and an application form for an applicant to submit its proposal.
The Legal Counsel stated that MN State Statute No. 238.081 prescribed that the City
must publish the Notice ofIntent to Franchise for two successive weeks in the local
newspaper. The closing date to solicit applications of franchise could not be less
than 20 days from the first notice. He noted that the City was entitled to charge a set
non-refundable application fee of $1,000 to $1,500 to cover publishing costs and
other expenses. At the May 23 City Council meeting, the Council Members would
set a public hearing date of June 13,2000. After the hearing had closed, the City
Council would wait seven days before adopting a Resolution approving the
application(s) and authorizing to begin the franchise process. In July, Ayotte will
return for City Council approval to begin the ordinance process.
Peterson expressed appreciation to Attorney Ayotte for the information he provided
and acknowledged she previously was not aware of the involved process.
Motion by Mlinar, second by Peterson, to initiate proceedings to consider the grant
of a cable television franchise with the Hutchinson Telephone Company.
The City Attorney advised the Council Members to table the present motion and
revoke the previous motion before proceeding.
Motion by Hoversten, second by Mlinar to table the motion on the floor. Motion
unanimously carried.
Motion by Peterson, second by Mlinar, to rescind the original motion to waive first
rea~ing of ordinance and set second reading for May 9,2000. Motion unanimously
carned.
Motion by Mlinar, second by Peterson, to bring the tabled motion back to the floor.
Motion unanimously carried.
Plotz stated that the publication date had passed for the April 27 edition ofthe paper,
but an attempt could be made to get the Notice ofIntent published. He reported the
next issue of The Hutchinson Leader would come out on May 2, and the second
publication ofthe Notice ofIntent would be in the May 9 edition. Ayotte confirmed
that the publication dates of May 2 and May 9 would meet the time line
requirements.
Motion by Mlinar, second by Haugen, to initiate proceedings to consider the grant of
a cable television franchise with the Hutchinson Telephone Company and adopt
Resolution No. 11461. Motion unanimously carried.
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CITY COUNCIL MINUTES - APRIL 25, 2000
(d) CONSIDERATION OF CONSULTING AGREEMENT WITH TKDA FOR
AIRPORT JET FUELING SYSTEM
Rodeberg reported that since Skydive had requested jet fuel for their plane, TKDA
had prepared preliminary cost estimates to install a jet fueling system at the
Hutchinson Municipal Airport and a tentative time line for jet fueling installation.
He stated that July would be the earliest date to obtain State money to fund the
project.
Motion by Mlinar, second by Peterson to approve a consulting agreement with
TKDA. Motion unanimously carried.
(e) CONSIDERATION OF WAIVING BUILDING AND PLUMBING PERMIT FEES
FOR OAKLAND CEMETERY BUILDING
It was requested that the City Council waive the $1,662.32 building and plumbing
permit fees for the garage addition at Oakland Cemetery.
Motion by Peterson, second by Mlinar to approve waiving the permit fees. Motion
unanimously carried.
(f)
CONSIDERATION OF SALE OF HCDC PROPERTY TO RASKE BUILDING
CENTER (WAIVE FIRST READING OF ORDINANCE AND SET SECOND
READING FOR MAY 9, 2000)
Motion by Peterson, second by Mlinar to approve the sale ofHCDC property and to
waive first reading of Ordinance No. 00-278 and set second reading for May 9,2000.
Motion unanimously carried.
(g) CONSIDERATION OF REJECTING BIDS FOR COMPOST FACILITY
Plotz informed the Council that bids received on April 17 , 2000 were substantially
higher than the estimated project cost. Since the bid opening, several sub-contractors
had contacted the City regarding potential savings on the facility. Some of the
proposed changes would create a major reduction m the project construction costs.
After reviewing the situation, the City Attorney was recommending to reject the bids.
A construction manager could revise Earth Tech's specifications and either re-bid the
entire project or divide it into major segments.
Motion by Haugen, second by Peterson to approve rejecting the bids received and to
authorize re-bidding the project with revised specifications. Motion unanimously
carried.
(h) CONSIDERATION OF AWARDING CONTRACT FOR WALKING FLOOR
TRANSPORT TRAILER
Motion by Mlinar, second by Peterson, to table the project for 30 days. Motion
unanimously carried.
9. MISCELLANEOUS
(a) COMMUNICATIONS
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CITY COUNCIL MINUTES - APRIL 25, 2000
Mlinar reported the Mid-Minnesota Board (MMDC) would be meeting on April 26.
Svecial City Council Meetin2:1Workshovs:
.:. May 9 - Special City Council meeting to complete work for 2001 Planning
to follow the regular City Council meeting
.:. May 23 - 4:00 p.m - Capital Outlay Plan Workshop
Motion by Peterson, second by Hoversten to approve the May 9,2000 special City
Council meeting. Motion unanimously carried.
Motion by Peterson, second by Mlinar to approve the May 23, 2000 workshop.
Motion unanimously carried.
10. CLAIMS. APPROPRIATIONS AND CONTRACT PAYMENTS
(a) VERIFIED CLAIMS A & B
Motion by Peterson, second by Haugen to approve the verified claims A and
authorize payment from appropriate funds. Motion unanimously carried.
Motion by Peterson, second by Haugen to approve the verified claims Band
authorize payment from appropriate funds. Motion carried with Hoversten
abstaining from voting.
11. ADJOURNMENT
There being no further business, the meeting adjourned at 6:45 p.m.
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