05-23-2000 CCM
MINUTES
REGULAR MEETING - HUTCHINSON CITY COUNCIL
TUESDAY, MAY 23, 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, , Kay Peterson and Duane
Hoversten. Absent: John Mlinar. Also present: City Administrator Gary D. Plotz, Director
of Engineering John Rodeberg and City Attorney Marc A. Sebora.
2. Pastor Jon Lindekugel presented the invocation.
3. MINUTES
The minutes of the regular meeting of April 25, 2000 and May 9, 2000 were approved as
presented.
4. CONSENT AGENDA
(a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS
1. PLANNING COMMISSION MINUTES OF APRIL 18, 2000
2. HUTCHINSON AREA HEALTH CARE BOARD MINUTES OF APRIL
18,2000
3. FINANCIAL REORT AND INVESTMENT REPORT FOR APRIL 2000
(b) RESOLUTIONS AND ORDINANCES
1. ORDINANCE NO. 00-269 - 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 JUNE 12)
2. ORDINANCE NO. 00-273 - PARTIAL VACATION OF BOSTON
STREET AND BAL TIMORE AVENUE (WAIVE SECOND READING
AND ADOPT)
3. RESOLUTION NO. 11471- RESOLUTION ESTABLISHING LOCATION
FOR TRAFFIC CONTROL DEVICES
( c) DANCE PERMIT FOR 2000 POLKA FESTIVAL AT MCLEOD COUNTY FAIR
GROUNDS ON JUNE 8-10, 2000
(d) SHORT-TERM GAMBLING LICENSE FOR HABITAT FOR HUMANITY ON
AUGUST 22, 2000
(e) APPOINTMENT OF SUSAN MARTI TO CIVIL SERVICE POLICE
COMMISSION
(f) LETTING NO.1, PROJECT NO. 00-01; SOUTH AREA TRUNK SANITARY
SEWER - PHASE 1:
y RESOLUTION NO. 11476 - RESOLUTION ORDERING PREPARATION OF
REPORT ON IMPROVEMENT
CITY COUNCIL MINUTES - MAY 23, 2000
Y RESOLUTION NO. 11477 - RESOLUTION RECEIVING REPORT AND
CALLING HEARING ON IMPROVEMENT
LETTING NO.2, PROJECT NO. 00-02; SOUTH AREA TRUNK SEWER -
PHASE 2:
Y RESOLUTION NO. 11478-RESOLUTIONORDERING PREPARATION OF
REPORT ON IMPROVEMENT
Y RESOLUTION NO. 11479 - RESOLUTION RECEIVING REPORT AND
CALLING HEARING ON IMPROVEMENT
PLANNING COMMISSION ITEMS:
LOT SPLIT REQUESTED BY HOERNEMANN TRUST (SECTION 7 OF
HASSAN VALLEY TOWNSHIP) WITH FAVORABLE RECOMMENDATION
WITH STAFF RECOMMENDATIONS (ADOPT RESOLUTION NO. 11482)
(g)
(h)
(i)
(j)
(k)
(1)
(m)
(n)
CONDITIONAL USE PERMIT FOR OUTDOOR STORAGE REQUESTED BY
MENARD INe. WITH FAVORABLE RECOMMENDATION WITH STAFF
RECOMMENDATIONS (ADOPT RESOLUTION NO. 11483)
REZONING OF PROPERTY FROM R-l TO C-4 LOCATED NORTH OF
AIRPORT ROAD AND EAST OF TH 15 AS REQUESTED BY MENARD INe.
WITH FAVORABLE RECOMMENDATION AND STAFF
RECOMMENDATIONS (WAIVE FIRST READING OF ORDINANCE NO.
00-274 AND SET SECOND READING FOR JUNE 12, 2000)
PRELIMINARY PLAT FOR 4-LOT SUBDIVISION LOCATED NORTH OF
AIRPORT ROAD AND EAST OF TH 15 AS REQUESTED BY MENARD INe.
WITH FAVORABLE RECOMMENDATION AND STAFF
RECOMMENDATIONS (ADOPT RESOLUTION NO. 11484)
REZONING OF PROPERTY LOCATED NORTH OF EDMONTON AVENUE
AND SOUTH OF BROLL'S THIRD ADDITION FROM R-l TO R-2AND R-3 AS
REQUESTED BY DEVELOPERS RESOURCE COMPANY WITH FAVORABLE
RECOMMENDATION AND STAFF RECOMMENDATIONS (WAIVE FIRST
READING OF ORDINANCE NO. 00-275 AND SET SECOND READING FOR
JUNE 12, 2000)
CONDITIONAL USE PERMIT TO CONSTRUCT UTILITY TRANSMISSION
LINE IN FLOODW A Y (SECTION 8 OF HASSAN VALLEY) AS REQUESTED
BY HUTCHINSON UTILITIES COMMISSION WITH FAVORABLE
RECOMMENDTAION AND STAFF RECOMMENDATIONS (ADOPT
RESOLUTION NO. 11485)
REZONING FROM VC TO R-2 (106 MONROE STREET SE) AS REQUESTED
BY TODAY'S PROPERTY MANAGEMENT WITH FAVORABLE
RECOMMENDATION WITH STAFF RECOMMENDATIONS (WAIVE FIRST
READING OF ORDINANCE NO. 00-276 AND SET SECOND READING FOR
JUNE 12, 2000)
CONDITIONAL USE PERMIT TO CONSTRUCT A FENCE HIGHER THAN 30"
IN FRONT YARD SETBACK LOCATED AT 795 COLORADO STREET AS
REQUESTED BY JOHN EWERT WITH FAVORABLE RECOMMENDATION
AND STAFF RECOMMENDATIONS (ADOPT RESOLUTION NO. 11486)
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CITY COUNCIL MINUTES - MAY 23, 2000
(0) 6" VARIANCE TO CONSTRUCT OFFICE SPACE ADDITION AT 340
MICHIGAN STREET SE WHICH DOES NOT MEET REQUIRED SETBACK OF
30 FEET AS REQUESTED BY ALLIED MECHANICAL WITH FAVORABLE
RECOMMENDATION WITH STAFF RECOMMENDATIONS (ADOPT
RESOLUTION NO. 11487)
(p ) VARIANCE TO REDUCE REQUIRED FRONT YARD SETBACK FROM 30
FEET TO 5 FEET FOR COMMERCIAL BUILDING LOCATED AT 945 FIFTH
AVENUE SE AS REQUESTED BY RICHARD MCCLURE WITH FAVORABLE
RECOMMENDATION WITH STAFF RECOMMENDATIONS (ADOPT
RESOLUTION NO. 11488)
(q) CONDITIONAL USE PERMIT FOR GRADING WITHIN FLOODW A Y OF
SOUTH FORK OF CROW RIVER FOR CONSTRUCTION OF 10' BITUMINOUS
TRAIL AS REQUESTED BY CITY OF HUTCHINSON WITH FAVORABLE
RECOMMENDATION WITH STAFF RECOMMENDATIONS (ADOPT
RESOLUTION NO. 11489)
(r) LOT SPLIT LOCATED AT 760 CENTURY AVENUE SW AS REQUESTED BY
CURTIS AND JANEL REITER WITH FAVORABLE RECOMMENDATION
WITH STAFF RECOMMENDATIONS (ADOPT RESOLUTION NO. 11490)
Motion by Peterson, second by Hoversten to approve the consent agenda except for
item 4-(b)-1, Ordinance No. 00-269, which was pulled from the agenda and items
(h), (i) and G) pertaining to Menard Inc. which were pulled for discussion. Motion
unanimously carried.
Items 4-(h), (i) & G) - Rodeberg stated there were no particular issues with these
items, but he wanted to address the property in the Hoememann Estate. The City
Engineer then showed the City Council a drawing of the proposed store to be built in
Hutchinson. He stated that the Planning Commission recommended a pre-cast
facility, which was an issue of aesthetics.
Jim Sheppard, a representative of Menard Inc., requested that the City Council look
favorably on the plan and approve the building as proposed in the drawing since it is
a standard design for Menards.
Haugen informed the Council that the Planning Commission voted unanimously for
pre-cast panels as presented.
Motion by Peterson, second by Haugen to approve: (h) - conditional use permit and
adopt Resolution No. 11483; (i) - rezoning of property and waive first reading of
Ordinance No. 00-274 and set second reading for June 12,200; and (j) - preliminary
plat and adopt Resolution No. 11484. Motion unanimously carried.
5. PUBLIC HEARING- 6:00 P.M.
(a) ASSESSMENT HEARING ON ROLL NO. 5039, LETTING NO.6; PROJECTS
NO. 99-20, 00-09, 00-12 THROUGH 00-14, 00-16 THROUGH 00-19
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CITY COUNCIL MINUTES - MAY 23, 2000
The Mayor called the hearing to order at 6:00 p.m.
Rodeberg explained the purpose of the assessment hearing and the payment options
available. He stated that the assessment was based on actual project costs, and the
interest rate would be both the costs plus an additional one percent, which would
amount to approximately 6.5% or 7.5 %.
Project No. 00-09 - Griffin Avenue NE
The City Engineer reported that the actual street costs came in at $73.18 a front foot
which was significantly over the estimates. He stated the cost variance from the
estimate was due to the level of storm sewer reconstruction, cost of tile lines and
especially the higher cost of bituminous. Therefore, the proposed rate was 10% over
the estimated range given at the public hearing. The City would be paying two-thirds
of the project cost.
The property owner at 205 Griffin Avenue NE stated he favored the project.
However, he had a concern about the cost to the homeowner and felt it was a high
price for a city street. Although he didn't have an answer to the situation, he wanted
to express his opinion as a homeowner and taxpayer.
Roger DeMeyer, 307 Griffin Avenue NE, also expressed concern about the cost to
the property owner. He inquired about the assessment policy for a comer lot.
Rodeberg was concerned that the City would be setting a precedent on this project
with the substantial increase in cost.
The Mayor suggested that the project not be awarded and be rebid in 2001.
Project No. 00-12 - Hilltop Drive NE
The City Engineer stated that this project would cover bituminous wear course and
sewer and water service. Like the previous project, the costs were higher than
expected because of the higher petroleum/bitummous prices. He noted that the
assessments would be on a per lot basis as stated in the Subdivision Agreement.
Noone was present to be heard.
Project No. 00-13 - Hunter's Ridge (Wear Course Paving)
Rodeberg commented that this project came in at a reasonable cost. The estimated
cost per lot was $1,100 to $1,300, and the final assessment rate will be based on the
bid price received.
Noone was present to be heard.
Project No. 00-17 - Michael Court (Boyle's Addition)
The City Engineer reviewed the layout ofthe project. He noted that Chet Hoversten
owns five or six lots. Although the City saved money by running a street through the
area, it will have no value until the area is developed. Only the sanitary sewer,
watermain, street and storm sewer is included in the assessment. He suggested that
perhaps only the sanitary sewer should be completed in 2000 due to the need beyond
the immediate plat.
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CITY COUNCIL MINUTES - MAY 23, 2000
Attorney J ody Winters represented Chet Hoversten, a.k.a. Chet and Associates. She
stated that her client was m favor of the entire proj ect and not just street and sanitary
sewer. Winters also claimed the assessments were not equal to the value ofthe five-
lot parcel at an assessment of $30,000 per parcel if the City cannot prove the value
and benefits. She also admonished the City for mailing Mr. Hoversten's notice to a
post office box in Glencoe when he resides in Wisconsin. In closing, Winters
inquired about the City's intent north of the cul-de-sac.
Rodeberg responded that there would be development to the north with a sewer into
the KDUZ property. Otherwise, there would be no other proposed development in
that area.
The City Attorney stated that it was the City's obligation to send a notice to the
address maintained by the County. He further remarked that the assessments were
valid. The objection of the party is to file a notice within 30 days.
The City Engineer closed his presentation by stating only sanitary sewer would be
done in 2000.
Motion by Peterson, second by Hoversten to close the hearing at 6:27 p.m. Motion
unanimously carried.
Motion by Haugen, second by Hoversten to rebid project No. 00-09. Motion
unanimously carried.
Motion by Peterson, second by Hoversten to approve project No. 00-12. Motion
unanimously carried.
Motion by Peterson, second by Haugen to approve project No. 00-13. Motion
unanimously carried.
Motion by Haugen, second by Peterson, to proceed with accepting sanitary sewer
only for project No. 00-17. Motion unanimously carried.
Motion by Haugen, second by Peterson to approve and adopt Resolutions No. 11480
and No. 11481. Motion unanimously carried.
6. COMMUNICATIONS. REQUESTS AND PETITIONS - NONE
7. UNFINISHED BUSINESS
(a)
CONSIDERATION OF SETTING NEW BID OPENING DATE OF JULY 17,2000
AT 5:30 P.M. FOR CITY/RURAL SHARED RESCUE VEHICLE
Motion by Hoversten, second by Peterson to approve the new bid opening date.
Motion unanimously carried.
8. NEW BUSINESS
(a) CONSIDERATION OF SALE OF SURPLUS PROPERTY
Motion by Peterson, second by Haugen to approve the sale of city surplus property.
Motion unanimously carried.
(b) CONSIDERATION OF CITY'S VISION STATEMENT AND CITY COUNCIL
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CITY COUNCIL MINUTES - MAY 23, 2000
VISION STATEMENTS
Plotz reported that the City Council reviewed the proposed City's vision statement
and City Council vision statement during a recent workshop. Some minor changes
were made at that time. In the future, the vision statements will be reviewed on an
annual basis.
Motion by Peterson, second by Haugen to approve and adopt the two vision
statements. Motion unanimously carried.
9. MISCELLANEOUS
(a) COMMUNICATIONS FROM MAYOR
The Mayor read a letter received from Jeffrey Higginbotham, Assistant Director of
the U.S. Department of Justice that was addressed to the Chief of Police. In his
letter, Director Higginbotham expressed thanks for the use of the public safety
training facility for the North Central Law Enforcement Executive Development
Seminar.
(b) COMMUNICATIONS FROM COUNCIL MEMBER KAY PETERSON
Peterson stated there was one opening on the local Library Board and two positions
on the Pioneerland Library System Board. Interested parties should contact the
public library or City staff.
(c) COMMUNICATIONS TO SET WORKSHOP DATES
y It was clarified that the workshop on June 12, 2000 at 4:00 p.m. was for the
purpose of reviewing the community survey final report with the Community
Needs Task Force.
y It was noted that the HRA had requested a j oint meeting of the City Council with
the HRA Board on June 20, 2000 at noon.
Motion by Hoversten, second by Peterson to hold a workshop with the HRA
Board on June 20, 2000 at 12:00 noon. Motion unanimously carried.
y It was recommended to hold a budget workshop on August 22,2000 at 4:00 p.m.
and continue it after the regular City Council meeting.
Motion by Haugen, second by Hoversten to approve the budget workshop on
August 22,2000. Motion unanimously carried.
10. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS
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CITY COUNCIL MINUTES - MAY 23, 2000
(a) VERIFIED CLAIMS A & B
Motion by Haugen, second by Peterson 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 6:32 p.m.
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