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06-11-2002 CCM MINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, JUNE 11,2002 1. CALL TO ORDER - 5:30 P.M. Mayor Marlin Torgerson called the meeting to order. Council Members present were John Mlinar, Jim Haugen, Kay Peterson and Duane Hoversten. Also present were Gary Plotz, City Administrator, Marc Sebora City Attorney and John Rodeberg, Director of Engineering/Public Works. 2. INVOCATION - Rev. Todd Ertsgaard, Oak Heights Covenant Church 3. MINUTES (a) REGULAR MEETING OF MAY 28,2002 Minutes were approved as amended. 4. CONSENT AGENDA (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. FIRE DEPARTMENT MONTHLY REPORT FOR MAY 2002 2. BUILDING DEPARTMENT MONTHLY REPORT FOR MAY 2002 3. HUTCHINSON AREA HEALTH CARE FINANCIAL REPORT FOR APRIL 2002 (b) RESOLUTIONS AND ORDINANCES 1. ORDINANCE NO. 02-314 - AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF HUTCHINSON FOR A PROPERTY TO BE REZONED FROM R3 TO PDD #02-01 (RAVENWOOD ADDITION) (SECOND READING AND ADOPTION) 2. ORDINANCE NO. 02-315 - AN ORDINANCE OF THE CITY OF HUTCHINSON, MINNESOTA, G~TING THE COFFEE COMPANY THE RIGHT TO PROVIDE A SIDEWALK CAFE OVER AND ABOVE CERTAIN PROPERTY LOCATED IN PUBLIC RIGHT OF WAY ON 18 MAIN STREET (SECOND READING AND ADOPTION) 3. ORDINANCE NO. 02-316 - AN ORDINANCE CREATING SECTION 10.051 RELATING TO FIREWORKS PERMITTED WITHIN THE CITY LIMITS (SECOND READING AND ADOPTION) 4. ORDINANCE NO. 02-317 - AN ORDINANCE AMENDING SECTION 10.05 RELATING TO FIREWORKS PERMITTED WITHIN THE CITY LIMITS (SECOND READING AND ADOPTION) 5. ORDINANCE NO. 02-318 - AN ORDINANCE REAFFIRMING VACATION OF A PORTION OF WASHINGTON AVENUE EAST (SECOND READING AND ADOPTION) ( c) APPOINTMENT OF MEMBER TO PLANNING COMMISSION - Robert Hantge CITY COUNCIL MINUTES - JUNE 11, 2002 (d) CONSIDERATION OF SHORT-TERM GAMBLING LICENSE FOR ST. ANASTASIA CATHOLIC CHURCH FOR FALL FESTIVAL ON SEPTEMBER 8, 2002 (e) CONSIDERATION OF SHORT-TERM NON-INTOXICATING MALT LIQUOR LICENSE FOR ST. ANASTASIA CATHOLIC CHURCH FOR FALL FESTIVAL ON SEPTEMBER 8, 2002 (f) ASSESSMENT ROLL NO. 5057 - LETTING NO. l/PROJECT NO. 02-01 (NE TRUNK) & 02-02 (2ND AVENUE SE)J (DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT; HEARING ON PROPOSED ASSESSMENT) (g) CONSIDERATION OF 1ST ADDITION TO RA VENWOOD Motion by Hoversten to pull item 4(b)3 for further discussion and defer item 4(g) to June 25th, seconded by Mlinar, to approve remaining consent agenda items. Motion carried unanimously. Item 4(b)3 - Ordinance #02-316 Brad Emans, Fire Chief, commented on the Ordinance and revisions. He explained the bill passed by the State became effective the day the Governor signed it. Brad stated the weight limits were changed according to sprinkled or non-sprinkled buildings. He also addressed the 15 day delay and stated the city will try to expedite the process before July 4th. City Atty. Marc Sebora, explained the time delay to process the licenses. Atty. Mark Peterson, representing T & T Fireworks Co., stated the company is one of the largest wholesale fireworks distributors. Atty. Peterson stated the case by case review ofthe weight limitations made sense. He commented on concerns with the language regarding the number of days to process the licenses. Atty. Peterson stated the largest concern is with the prohibition of outdoor sales. He would like to see exterior sales allowed. He commented on the requirement of background checks for the larger established merchants in the City. Atty. Sebora explained the factors for safety and regulations that were taken into account by the committee. Tom Wiprud commented on the types of fireworks and the non-regulated items available to the public. He commented on display fireworks and stated the background checks were worthless for fireworks permits. Atty. Sebora explained the committee obtained information from the State ofMN and other communities on fireworks and regulations by cities before writing the ordinance. He explained the background check is a City of Hutchinson requirement for many types of sales in the community. Barry Greive, Building Official, explained the reasons for the ordinance regulating the storage of fireworks and commented on the responses from other communities on their regulations. He stated there was much thought and research done to complete the ordinance. Atty. Sebora stated wording should be changed for Subd. 2 A. as follows: "The fire chief shall give final approval or denial of an application for the manufacture, storage for commercial purposes or sale of fireworks withm 14 days of such application being made to 2 CITY COUNCIL MINUTES - JUNE 11, 2002 the City." Discussion followed on moving ahead with the ordinance and reviewing after July 4th. Motion was made by Hoversten to approve the ordinance with the revisions. Seconded by Mlinar, the motion carried unanimously. 5. PUBLIC HEARING- 6:00 P.M. (a) ASSESSMENT ROLL NO. 5055 & 5056 -LETTING NO. 3/PROJECTNO. 02-04 (FAIR AVENUE SE), 02-05 (OAKLAND AVENUE SE), & 02-06 (JUUL ROAD SW) - ADOPTING ASSESSMENT AND ACCEPTING BID & AWARDING CONTRACT John Rodeberg, City Engineer, commented on the project and the meeting with the neighborhoods. He stated Fair Ave. is also included m the project. He stated the largest project is Juul Road and it is also the most controversial. Mr. Rodeberg explained the safety issues and reasons for the project. He then explained this is the second hearing and the actual final assessment costs. John stated there are a number of payment options for individuals. Merrill Johnson, 748 Juul Rd. SW, commented on his concerns regarding cost ofthe project and the fact he has been assessed in the past on the same property. He stated there does not seem to be a dire need for the work presently. Mr. Rodeberg explained the subsidies by the city for some of the costs. Mr. Rodeberg commented on the Oakland Ave. project and the proposal. He stated these assessments would be spread out over 5 years due to the smaller cost of the project. Motion by Mlinar, second by Peterson, to close the public hearing. Motion carried unanimously. Motion by Peterson, second by Haugen, to adopt assessments, accept bids and award contracts. Motion carried unammously. (b) ON-SALE INTOXICATING LIQUOR LICENSE FOR ALL OCCASIONS CATERING Atty. Sebora stated the license would begin June 25th. Motion by Hoversten, second by Peterson, to close the public hearing. Motion carried unanimously. Motion by Mlinar, second by Peterson, to approve issuing an on-sale intoxicating liquor license for All Occasions Catering. 6. COMMUNICATIONS. REQUESTS AND PETITIONS 7. UNFINISHED BUSINESS 8. NEW BUSINESS (a) CONSIDERATION OF RE~UESTS FROM THE HUTCHINSON AREA CHAMBER OF COMMERCE FOR THE 28 ANNUAL ARTS AND CRAFTS FESTIVAL TO BE HELD ON SEPTEMBER 13 - 14, 2002 · USE OF LIBRARY SQUARE FOR EXHIBITORS · CLOSING OF DESIGNATED STREETS AND MUNICIPAL PARKING LOTS 3 CITY COUNCIL MINUTES - JUNE 11, 2002 · CLOSING OF PARKING AREAS ON STREETS FOR EXHIBITOR LOADING AND UNLOADING Motion by Mlinar, second by Haugen, to approve request by Hutchinson Chamber of Commerce. Motion carried unanimously. (b) CONSIDERATION FOR APPROVAL OF PROPOSED BUILDING PROGRAM FOR HUTCHINSON AREA HEALTH CARE Motion by Mlinar, second by Peterson, to approve building program for Hutchinson Area Health Care. Motion carried unanimously. (c) CONSIDERATION FOR APPROVAL OF HUTCHINSON COMMUNITY DEVELOPMENT COMMISSION BECOMING MEMBER OF THE MINNESOTA COMMUNITY CAPITAL FUND John Rodeberg explained the program to open up loans to the community. Mr. Hoversten commented on the program Motion by Hoversten, second by Haugen, to approve request by HCDC to become members of the MN Community Capital Fund. Motion carried unanimously. Councilman Mlinar left the meeting at this time. (d) CONSIDERATION FOR APPROVAL OF CHANGE ORDER NO.5 FOR SAFETY IMPROVEMENTS ON BIOSOLIDS DRYER Gary Plotz, City Administrator, asked to defer this item for a future meeting. (e) CONSIDERATION FOR APPROV AL OF ORDERLY ANNEXATION OF JEFFERSON STREET AREA PROPERTY John Rodeberg commented on the process and the tax phase-in. He explained orderly annexation will ease taxing for the Jefferson St. property owners and move the process ahead more quickly. Motion by Peterson, second by Hoversten, to approve Resolution #11952 for Orderly Annexation of Jefferson Street area property. Motion carried unanimously. 9. MISCELLANEOUS (a) COMMUNICATIONS John Rodeberg - Mr. Rodeberg stated the fountain was placed in the river by Robert Hantge and Lawrence Winter. Gary Plotz - Mr. Plotz commented on items discussed at the Team Leadership meeting: 1. Industrial wastewater permits by MPCA. 2. Update on fairgrounds by DolfMoon. 3. Update on judicial hearings on gas line project by Clarence Kadrmas. 4. Oak Heights church request for parking lot extension. 5. Solid waste projects in terms of products to be sold. 6. Update on visit by Congressman Collin Peterson. 7. County Solid Waste meeting. 8. Collection of organic waste by Hutchinson School District. 4 CITY COUNCIL MINUTES - JUNE 11, 2002 10. CLAIMS. APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS A Motion by Haugen, second by Peterson to approve and authorize payment of V erified Claims A from appropriate funds. Motion carried with Hoversten abstaining. (b) VERIFIED CLAIMS B Motion by Peterson, second by Hoversten to approve and authorize payment of V erified Claims B from appropriate funds. Motion carried unanimously. 11. ADJOURN With no further business to discuss, the meeting adjourned at 6:35 p.m. 5