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09-24-2002 CCM MINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL SEPTEMBER 24, 2002 1. CALL TO ORDER - 5:30 P.M. Mayor Marlm 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 - Due to the absence of Rev. Eric Goodwin, of Peace Lutheran Church, the mvocatlOn was dispensed. 3. MINUTES (a) REGULAR MEETING OF SEPTEMBER 12,2002 (b) BID OPENING MINUTES FROM SEPTEMBER 20, 2002 Minutes were approved as presented 4. CONSENT AGENDA (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. PARKS, RECREATION & COMMUNITY EDUCATION BOARD MINUTES FROM AUGUST 1,2002 2. PIONEERLAND LIBRARY SYSTEM BOARD MINUTES FROM JULY 18,2002 3. CITY OF HUTCHINSON FINANCIAL REPORT FOR AUGUST 2002 4. HUTCHINSON AREA HEALTH CARE BOARD MINUTES FROM AUGUST 20, 2002 5. PLANNING COMMISSION MINUTES FROM AUGUST 20, 2002 (b) RESOLUTIONS AND ORDINANCES 1. RESOLUTION NO. 12042 - A RESOLUTION RELATING TO LOCAL GOVERNMENT INFORMATION SYSTEMS - AUTHORIZING THE EXECUTION AND DELIVERY OF SECOND AMENDMENT TO THE JOINT AND COOPERATIVE AGREEMENT 2. RESOLUTION NO. 12043 -A RESOLUTION FOR PURCHASE OF CONSULTING SERVICES FOR THE WASTEWATER TREATMENT PLANT 3. RESOLUTION NO. 12047 - A RESOLUTION FOR PURCHASE OF SKID STEER AND SNOW BLOWER (c) PLANNING COMMISSION ITEMS 1. CONSIDERATION OF A CONDITIONAL USE PERMIT REQUESTED BY BURNS PHILP FOOD INC., 35 ADAMS STREET NE, FOR REMOVAL OF TWO 4000 GALLON STORAGE SILOS AND INSTALL ONE 20,000 GALLON SILO WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (ADOPT RESOLUTION NO. 12037) 2. CONSIDERATION OF A VACATION OF UTILITY EASEMENTS REQUESTED BY GREG WHEATLEY LOCATED BETWEEN LOTS 8 AND 9, BLOCK 1, ISLAND CITY COUNCIL MINUTES - SEPTEMBER 24, 2002 VIEW HEIGHTS SECOND ADDITION WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (WAIVE FIRST READING AND SET SECOND READING AND ADOPTION OF ORDINANCE NO. 02-320 FOR OCTOBER 8, 2002) 3. CONSIDERATION OF A CONDITIONAL USE PERMIT REQUESTED BY RIGHT f~Y Bg1LDi5fsST~gTTO 2{E~IE ~ C~1)TSTf-&iJb~N ~~IN&r~~FF~~~~ RECOMMENDATION AND FAVORABLE RECOMMENDATION (ADOPT RESOLUTION NO. 12040) 4. CONSIDERATION OF A CONDITIONAL USE PERMIT REQUESTED BY HUTCHINSON MUNICIPAL AIRPORT TO IDENTIFY AN AREA IN THE AIRPORT LAYOUT PLAN FOR CONSTRUCTION OF PRIVATE HANGARS WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (ADOPT RESOLUTION NO. 12041) (d) CONSIDERATION FOR APPROVAL OF SHORT-TERM GAMBLING LICENSE FOR ST. ANASTASIA CHURCH FOR DECEMBER 12, 2002 (e) CONSIDERATION FOR APPROVAL OF ACTIVATING AN ADDITIONAL HCVN ACCESS CHANNEL (f) CONSIDERATION FOR APPROVAL OF ADOPTING REVISED ASSESSMENT FOR ASSESSMENT ROLL NO. 5054, LETTING NO.4 & 5, PROJECT NOS. 02-11,02-12,02- 13 AND 02-14 (OAK STREET/9TH AVENUE NE/CIVIC ARENA/MISCELLANEOUS) (g) CONSIDERATION FOR APPROVAL OF DECLARING COST TO BE ASSESSED, ORDERING PREPARATION OF PROPOSED ASSESSMENT AND SETTING HEARING ON ASSESSMENT FOR ASSESSMENT ROLL NO. 5060, LETTING NO. 13, PROJECT NO. 02-22 (SOUTH FORK CROW RIVER BANK STABILIZATION) (h) CONSIDERATION FOR APPROVAL OF CONSULTING AGREEMENTS WITH SEH (i) CONSIDERATION FOR APPROVAL OF TRANSIENT MERCHANT LICENSE FOR THE COUNTRY STOP (j) rg~x~b~jI~~4~~~ ~J~~V AL OF TOBACCO LICENSE FOR SAM'S EXXON (k) CONSIDERATION FOR APPROV AL OF WAIVING RENTAL FEE AT HUTCHINSON EVENT CENTER FOR THE HUTCHINSON DOWNTOWN ASSOCIATION ON OCTOBER 10, 2002 (1) CONSIDERATION FOR APPROVAL OF FORWARDING REQUEST BY SOUTHWEST MINNESOTA FOUNDATION TO THE HUTCHINSON ECONOMIC DEVELOPMENT AUTHORITY Motion by Haugen, second by Mlinar, to approve consent agenda. Motion carried unanimously. 5. PUBLIC HEARING - 6:00 P.M. - NONE 6. COMMUNICATIONS. REQUESTS AND PETITIONS 7. UNFINISHED BUSINESS (a) CONSIDERATION FOR APPROVAL OF FUNDS APPROPRIATION FOR HUTCHINSON POLICE SERVICES 2 CITY COUNCIL MINUTES - SEPTEMBER 24, 2002 Steve Madson, Director of Police/Emergency Management Services, presented before the Council. Mr. Madson explained that his original plan to construct a new storage garage is not feasible at this time due to staffing shortages and other obstacles. Therefore, he is requesting to proceed with the second piece ofthe plan now, which is to remodel the old fire station. Mr. Madson described the layout ofthe remodeling plan. The funds are available in the police department's operating budget. Motion by Peterson, second by Mlinar to approve the remodeling of the old fire station for the investigative unit of Hutchinson Police Services. Motion carried unanimously. 8. NEW BUSINESS (a) CONSIDERATION OF A CONDITIONAL USE PERMIT REQUESTED BY LOWELL BAUMETZ, MODERN MAZDA, 585 HIGHWAY 7 WEST, TO REMOVE EXISTING 12' X 16' SHED AND CONSTRUCT A 3-BA Y POLE- TYPE ADDITION ONTO EXISTING BUILDING LOCATED IN VC/ DISTRICT (ADOPT RESOLUTION NO. 12038) Julie Wi schnack, Director of Planning/Zoning/ Building, presented before the Council. Ms. Wi schnack explained that this was approved 6-1 by the Planning Commission. The dissenting vote on the Planning Commission had concerns regarding screening on the north side to block the view from any residential areas that may be developed in the future. Staff did not have these concerns at this time. Council members Hoversten and Peterson questioned whether or not the current conditional use permit should contain language regarding iflwhen the area to the north is developed residentially, screening would be installed. Ms. Wischnack explained that this type oflanguage could be added to the current conditional use permit if the Council would prefer. Duane Hoversten requested that language be included in the current conditional use permit stating that if the area to the north is developed residentially, Modem Mazda would be required to acquire some type of screenmg. Ms. Wi schnack requested that the City Council be specific as to the amount and type of screening that will be put in place. Lowell Baumetz, co-owner of Modem Mazda, presented before the Council. Mr. Baumetz stated that he is more than willing to plant trees for screening, however trees are a good hiding place for thieves that may be jumping the fence. So, he suggested that the Council possibly confer with the Chief of Police regarding other methods used for screening. Mr. Baumetz also commented that he is looking into purchasing some of the property to the north of his buildings. Motion by Hoversten, second by Mlinar, to approve the conditional use permit with adding language stating that six to ten trees will be planted when residential development takes place. Motion carried unanimously. (b) CONSIDERATION OF A CONDITI~NAL USE PERMIT AND VARIANCE REQUESTED BY BEN STENZEL, 55-5 AVENUENE, TO CONSTRUCT A24' X32' ADDITION ONTO EXISTING 24' X 32' GARAGE (1536 SQ. FT.) 5.5' FROM PROPERTY LINE (ADOPT RESOLUTION NO. 12039) Julie Wi schnack, Director of Planning/Zoning/Building, presented before the Council. Ms. Wi schnack explained that the Planning Commission had approved this CUP and variance 5- 2. The dissenting votes had concerns regarding the massive size of the garage in relation to the size of the house. Kay Peterson clarified that this request is not in violation of any current zoning ordinance. Motion by Peterson, second by Hoversten, to approve the conditional use permit and variance for an addition to a garage located at 55 - 5th Avenue NE. Motion carried unanimously. (c) CONSIDERATION OF AMENDMENT TO ZONING ORDINANCE SECTION 10.07 REGULATING FENCE PLACEMENT (WAIVE FIRST READING AND SET SECOND 3 CITY COUNCIL MINUTES - SEPTEMBER 24, 2002 READING AND ADOPTION FOR OCTOBER 8, 2002) Julie Wi schnack, Director of Planning/Zoning/ Building, presented before the Council. Ms. Wi schnack stated that staff is requesting a change to the fence placement ordinance. Changes to the current ordinance include not allowmg fences to be built on property lines, should not encroach public right-of-ways and must be a minimum of 5 feet from any right- of-ways, and on comer lots fences may not be more than 30 inches in height. Kay Peterson commented that the wrought iron fences on some properties in the City would not meet the new requirements and she has concerns regarding that. Ms. Wischnack explained that as long as the fences are five feet from the right of way, there would be no problems. Kay Peterson clarified that if a resident would want to install a 40" fence, they would be able to go through the conditional use permit process. Motion by Mlinar, second by Haugen to waive the first reading and set second reading and adoption of Ordinance No. 02-321 for October 8, 2002. Motion carried unanimously. (d) CONSIDERATION OF RESOLUTION NO. 12044 - AUTHORIZING THE SALE OF GENERAL OBLIGATION IMPROVEMENT BONDS Jim Prosser, Ehlers and Associates, presented before the Council. Mr. Prosser described the issues of the general obligation bonds that the authorization of sale is being requested for. The true interest rate for the GO Improvement Bonds came in at 3.4 %, which is much lower than anticipated. The sewer revenue bonds came in at 3.3%. The GO Improvement refunding bonds came in at 2.38%. Mr. Prosser also explained that the City's bond rating had improved and also that the City's credit rating is very commendable. Moody's Investments gave the City a bond rating of A3, which is exceptional for cities the size of Hutchinson. Motion by Mlinar, second by Peterson, to authorize the sale ofthe general obligation bonds. Motion carried unanimously. (e) CONSIDERATION OF RESOLUTION NO. 12045 - AUTHORIZING THE SALE OF GENERAL OBLIGATION IMPROVEMENT REFUNDING BONDS Motion by Mlinar, second by Peterson, to authorize the sale of the general obligation improvement refunding bonds. Motion carried unanimously. (f) CONSIDERATION OF RESOLUTION NO. 12046 - AUTHORIZING THE SALE OF GENERAL OBLIGATION SEWER REVENUE BONDS Motion by Mlinar, second by Peterson, to authorize the sale of general obligation sewer revenue bonds. Motion carried unanimously. (g) CONSIDERATION OF RESTRUCTURING OF RESPONSIBILITIES AT THE LIQUOR STORE Gary Plotz, City Administrator, explained to the Council that the liquor store has grown extremely over the last ten years in annual sales. In the past ten years, the liquor store has added two additional full-time liquor store clerks. However, due to the change in management with the current Liquor Store Manager leaving the organization, staff felt it was an opportune time to restructure the liquor store organization. Therefore, staff is recommending that the restructure consist of eliminating one full-time clerk position through a layoff and establishing the position of Assistant Manager. The new organization would then consist of a Manager, an Assistant Manager, two full-time clerks and several part-time clerks. Motion by Hoversten, second by Haugen, to approve the restructuring of the liquor store organization. Motion carried unanimously. 4 CITY COUNCIL MINUTES - SEPTEMBER 24, 2002 (h) CONSIDERATION FOR APPROVAL OF SETTING COUNCIL WORKSHOP FOR OCTOBER 22,2002, AT 4:00 P.M. TO DISCUSS WATER PLANT STUDIES Motion by Peterson, second by Hoversten, to set a council workshop for October 22, 2002, at 4:00 p.m. to discuss the water plant studies. Motion carried unammously. (i) CONSIDERATION FOR APPROVAL OF A FRANCHISE AGREEMENT WITH JOE DOOLEY TO BUILD A PRIVATE HANGAR AT HUTCHINSON AIRPORT John Rodeberg, Director of Engineering/Public Works Director, explained that in the long- range plans of the airport is to allow for the construction of private hangars. The current hangars have been full for several years and the airport does not have enough demand to build more hangars. This agreement would allow the construction of private hangars at the Hutchinson Municipal Airport. Motion by Haugen, second by Peterson, to approve the franchise agreement with Joe Dooley to construct a private hangar. Motion carried unanimously. 9. MISCELLANEOUS (a) COMMUNICATIONS John Rodeberg, Director ofEngineeringlPublic Works, explained that staff is preparing for the NE Trunk Storm Sewer project which includes the construction of a storm sewer line from the intersection of 9th Avenue NE and Elm Street N to Northwoods Avenue and Hillcrest Street. He is requesting that an agreement be approved with SEH for them to provide engineering services to provide assistance with the project.. Motion by Mlinar, second by Haugen, to approve the agreement with SEH for engineering services for the NE Trunk Storm Sewer project. Motion carried unanimously. Jim Haugen - Mr. Haugen commented that the EDA and the Hutchinson Downtown Association is completing the downtown study and will be holding a meeting October 10, 2002, and the public is invited to attend. John Mlinar - Mr. Mlinar noted the members that were appointed to the Charter Commission for four-year terms. Duane Hoversten - Mr. Hoversten informed the listening public that prior to the Council meeting, the Council held a workshop regarding a benchmarking project that City Directors presented. The benchmarking project provided information as to how other cities operate in relation to how Hutchinson operates. It was very beneficial information and showed how and why Hutchinson is such a progressive community. Gary Plotz - Mr. Plotz requested that the Council set ajoint meeting with the Hutchinson Utilities Commission to discuss the pipeline project. Motion by Mlinar, second by Peterson to set the joint meeting for October 10, 2002, at 12:00 noon at the City Center. Motion carried unanimously. Mr. Plotz also commented that Winona County representatives visited the compost site and were very impressed with the facility. Marlin Torgerson - Mayor Torgerson noted that the City of Hutchinson has received a Governor's Award for the yard waste program that will be presented October 3rd. Mayor Torgerson recommended that Kirk Kosel be appointed to the Parks, Recreation, Community Education Board. Motion by Peterson, second by Mlinar to approve Kirk Kosel's appointment. Motion carried unanimously. 5 CITY COUNCIL MINUTES - SEPTEMBER 24, 2002 10. CLAIMS. APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS A Motion by Mlinar, second by Peterson, to approve and authorize payment of V erified Claims A from appropriate funds. Motion carried unanimously. 11. ADJOURN With no further business to discuss, the meeting adjourned at 6:30 p.m. 6