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02-25-2003 CCM MINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, FEBRUARY 25, 2003 1. CALL TO ORDER - 5:30 P.M. Mayor Marlm Torgerson called the meeting to order. Members present were Bill Arndt, Jim Haugen, Duane Hoversten and Kay Peterson. Others 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. Greg Nelson, Bethlehem United Methodist Church, the mvocation was dispensed. 3. PLEDGE OF ALLEGIANCE 4. MINUTES (a) REGULAR MEETING OF FEBRUARY 11,2003 Minutes were approved as presented. 5. CONSENT AGENDA (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. PIONEERLAND LIBRARY SYSTEM BOARD MINUTES FROM DECEMBER 19, 2002 2. FIRE DEPARTMENT MONTHLY REPORT FOR JANUARY 2003 3. HUTCHINSON AREA HEALTH CARE BOARD MINUTES FROM JANUARY 21, 2003 4. HUTCHINSON HOUSING & REDEVELOPMENT AUTHORITY BOARD MINUTES FROM JANUARY 21,2003 5. CITY OF HUTCHINSON FINANCIAL REPORT FOR JANUARY 2003 6. CITY OF HUTCHINSON INVESTMENT REPORT FOR JANUARY 2003 (b) RESOLUTIONS AND ORDINANCES 1. RESOLUTION NO. 12125 - RESOLUTION FOR PURCHASE 2. RESOLUTION NO. 12126 - RESOLUTION ACCEPTING PLEDGED SECURITIES FROM CITIZENS BANK & TRUST (c) PLANNING COMMISSION ITEMS 1. CONSIDERATION OF PRELIMINARY PLAT AND REZONING SUBMITTED BY HUTCHINSON LAND HOLDINGS (SHIMEK PROPERTY) WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (ADOPT RESOLUTION NO. 12121 AND WAIVE FIRST READING AND SET SECOND READING AND ADOPTION OF ORDINANCE NO. 02-333 FOR MARCH 11,2003) 2. CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY MENARDS TO CONSTRUCT A FENCE 14 FEET IN HEIGHT AND ALLOW FOR OUTDOOR CITY COUNCIL AGENDA - FEBRUARY 25,2003 STORAGE AND DISPL Y AREA LOCATED AT 1525 MONTREAL STREET SE WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (ADOPT RESOLUTION NO. 12122) 3. CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY HUTCHINSON UTILITIES COMMISSION TO CONSTRUCT A 115kv POWER LINE LCOATED IN THE II DISTRICT ALONG CITY LIMITS IN SECTION 5 WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (ADOPT RESOLUTION NO. 12123) 4. CONSIDERATION OF FINAL PLAT TO BE KNOWN AS STEARNS WOODS LOCATED WEST OF HONEY TREE ROAD SUBMITTED BY ROGER AND RACHEL STEARNS WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (ADOPT RESOLUTION NO. 12124) 5. CONSIDERATION OF ORDINANCE NO. 03-335 - AN ORDINANCE AMENDING SECTION 8.18.2, SUBD. 2 OF THE HUTCHINSON CITY CODE TO CHANGE LANGUAGE REGARDING THE FLOOD PLAIN MAPS (WAIVE FIRST READING AND SET SECOND READING AND ADOPTION FOR MARCH 11,2003) 6. CONSIDERATION OF ORDINANCE NO. 03-336 - AN ORDINANCE AMENDING SECTION 12.40, ADDING SUBD. 5.5 OF THE HUTCHINSON CITY CODE TO ADD LANGUAGE REQUIRING BOULEVARD TREE PLANTING IN NEW SUBDIVISIONS (WAIVE FIRST READING AND SET SECOND READING AND ADOPTION FOR MARCH 11,2003) (d) CONSIDERATION FOR APPROVAL OF VARIOUS CITY POLICY UPDATES/AMENDMENTS (e) CONSIDERATION OF APPROVING PLANS AND SPECIFICA TIO~ AND ORDERING ADVERTISEMENT FOR BIDS (DALE STREET AND 2 AVENUE SW IMPROVEMENTS, LETTING NO.1, PROJECT NO. 03-01) (t) CONSIDERATION OF ORDERING PREPARATION OF REPORT ON IMPROVEMENT AND CALLILNG HEARING ON IMPROVEMENT (2003 PAVING IMPROVEMENTS, LETTING NO.4, PROJECT NO. 03-05 THROUGH 03-11) Item 5(d) was deferred to March 11,2003, meeting. Item 5(b) 1 was pulled for further clarification. Item 5( c) were pulled for further clarification. Item 5(e) and 5(t) were pulled for further clarification. Motion by Peterson, second by Hoversten, to approve consent agenda with the exception of the pulled items. Motion carried unanimously. Item 5(b) 1 was pulled for further clarification. Gary Plotz explained that this purchase resolution is being considered because of the amount of the purchase which requires Council approval. Mr. Plotz explained that he will need to obtain more information from the Wastewater Plant Director regarding the purpose and use ofbioxide. Concrete and asphalt are big sellers at the compost site and in order to sell it, it needs to be ground first. The trucking is required to ship out product that the compost site is selling. Motion by 2 CITY COUNCIL AGENDA - FEBRUARY 25,2003 Peterson, second by Haugen to approve Resolution for Purchase. Motion carried unanimously. Item 5( c)6 was pulled for further clarification. Julie Wischnack explained that the intent of this ordinance is to require developers to purchase trees, with the money being escrowed into the developers plat fees. The trees will continue to be maintained by the forestry department. The trees will be planted after the houses are built. Duane Hoversten sited concerns with legislating the requirement for developers to purchase the trees and also, due to budget issues, the City should not be acquiring any unneeded expenses. Mark Schnobrich, City Forester, explained how the City budgets for trees and tree plantings. Mr. Schnobrich explained that Hutchinson has historically planted trees on boulevards in new subdivisions. Hutchinson Utilities has provided some funding for tree plantings, however this is not a very large contribution and ultimately the forestry department is approximately 3-4 years behind in boulevard tree plantings because of the lack of funds. In order to keep up with tree plantings in the new developments, staff is identifying the need to pass on the material costs of trees to the developers. Julie Wi schnack noted that some language changes could be made to the ordinance to address the concern of long-term commitments to tree planting. Ms. Wi schnack also noted that several cities already are in the practice of having developers purchase new trees for their developments. Motion by Peterson, second by Hoversten, to defer this item to the March 11, 2003, meeting. Motion carried unanimously. Item 5(e) was pulled for further clarification. John Rodeberg noted that the wording of Items 5(e) and 5(t) on the agenda were transposed. Mr. Rodeberg noted that the resolutions were worded correctly, however the wording on the agenda was noted incorrectly. Motion by Haugen, second by Arndtto approve Resolutions 12118, 12119 and 12120 as noted in the council packet. Motion carried unanimously. 6. PUBLIC HEARINGS - NONE 7. COMMUNICATIONS. REQUESTS AND PETITIONS (a) CONSIDERATION OF SUPPORTING GREEN LEAF STATE PARK APPLICATION Jade Templin, DNR, presented before the Council. Mr. Templin explained that a citizens group has put together an effort to establish a state park at the current Green Leaf Lake. Mr. Templin explained that the citizens group and the DNR has presented this proposal to the Hutchinson Chamber of Commerce for the support as well. Milford Smith, Green Leaf State Park Advocate, presented before the Council. Mr. Smith explained that the Litchfield Chamber of Commerce, county commissioners and township supervisors are in support of this project. Mr. Smith is part of the citizens group that is willing to sell some oftheir land to be mcorporated into the proposed Green Leaf State Park. The citizens group feels that this project would benefit both the City of Hutchinson and the City of Litchfield as it may bring additional traffic to the area. Jade Templin explained that the citizens group would be requesting that the Council draft a resolution showmg support of this project. 3 CITY COUNCIL AGENDA - FEBRUARY 25,2003 Motion by Arndt, second by Peterson, to approve supporting the Green Leaf State Park application and authorizing Gary Plotz to draft supporting resolution. Motion carried unanimously. 8. UNFINISHED BUSINESS (a) SUMMARY OF CLOSED MEETING PROCEEDINGS FOR CITY ADMINISTRATOR PERFORMANCE APPRAISAL Marc Sebora, City Attorney, explained that the written summary surmises Mr. Plotz's performance appraisal. Motion by Hoversten, second by Arndt, to approve the summary ofthe City Administrator's performance appraisal. Motion carried unanimously. (b) CONSIDERATION YEARLY FRANCHISE FILING FEE FOR CITIZENS BANK Marc Sebora explained that at the last meeting the Council approved the franchise for Citizens Bank, however the franchise filing amount was not discussed and needed to be determined by the Council. Motion by Haugen, second by Arndt, to charge Citizens Bank an annual filing fee of$50.00 for the franchise. Motion carried unanimously. 9. NEW BUSINESS (a) CO~IDERATIONOFCONDITIONAL USE PERMIT VIOLATION LOCATED AT 1150 - 14 AVENUE NW, SCOTT AND JUDY PLOWMAN ACCESSORY BUILDING Julie Wi schnack, Director of Planning/Zoning/Building, presented before the Council. Ms. Wischnack explained that in 2001, the Plowman were approved a conditional use permit to split their lot. As part of the conditional use permit, there was a requirement that a permanent structure be built on the lot. The Plowmans constructed a temporary structure and claimed that they misunderstood the requirements of the conditional use permit. The Planning Commission is recommending that a requirement of a restriction on the deed requiring that a home be constructed on the premises should the parcel ever be conveyed and they approved a quit claim deed as drafted by City Attorney, Marc Sebora. Motion by Peterson, second by Hoversten, to approve the recommendation of the Planning Commission which is to require that a home be constructed should the parcel ever be conveyed. Motion carried unanimously. (b) CONSIDERATION FOR APPROVAL OF RESOLUTION SUPPORTING COUNTY MATERIAL RECOVERY FACILITY PURSUANT TO MCLEOD COUNTY SOLID WASTE PLAN Ed Homan, McLeod County Solid Waste Director, presented before the Council. Mr. Homan explained that McLeod County Solid Waste intends to expand their current solid waste facility. Mr. Homan further explained the description ofthe project, the funding ofthe proj ect and the rationale for the proj ect. Mr. Homan described the costs related to the proj ect and whom the customers are of the Solid Waste facility. Mr. Plotz noted that language needed to be changed in the first sentence to read, "Whereas, the McLeod County Solid Waste Advisory Committee will be considering on March 17, 2003, to expand the existing material recovery facility". Motion by Hoversten, second by Arndt, to approve the resolution supporting the county 4 CITY COUNCIL AGENDA - FEBRUARY 25,2003 material recovery facility as amended. Motion carried unanimously. (c) CONSIDERATION FOR APPROVAL OF SETTING DOWNTOWN REVIT ALIZA TION PLAN REVIEW FOR MARCH 4,2003, AT 4:00 P.M. Julie Wischnack, Director of Planning/Zoning /Building, noted that the Revitalization Plan is posted on the City's web site and the plans are also at the City Center for anyone that would like to review them. Motion by Peterson, second by Haugen, to set Downtown Revitalization Plan Review for March 4,2003, at 4:00 p.m. Motion carried unanimously. (d) CONSIDERATION OF SETTING BOARD OF EQUALIZATION MEETING FOR MAY 8,2003 AT 4:30 P.M. Gary Plotz, City Administrator, noted that this meeting is set for concerned residents to meet with the McLeod County Assessor and City Council to review proposed property taxes. Motion by Haugen, second by Arndt, to set Board of Equalization Meeting for May 8, 2003, at 4:30 p.m. Kay Peterson will be unavailable. Motion carried unanimously. 10. MISCELLANEOUS (a) COMMUNICATIONS John Rodeberg - Mr. Rodeberg explained that some time ago, a request was made to review safety improvements to trunk highway 15. In order to proceed with these improvement prospects, an engineer needs to be brought into the picture. Other proj ects will also be part of this engineering contract. Motion by Peterson, second by Hoversten, to approve entering into consulting agreement with SEH Consulting Group, Inc. Motion carried unanimously. Gary Plotz - Mr. Plotz explained that city staff and council members met this morning for the annual visioning workshop. City directors presented their annual reports and the Finance Director covered the proposed budget costs presented by the Governor. The budget adjustments by the State will be announced by July 1,2003. Mr. Plotz also noted that the City Council also held a workshop with the Hutchinson Area Health Care Board in which each group presented accomplishments of the past year and goals for the upcoming years. Mayor Torgerson noted that the Council will be looking for public input as to the budget reductions. Steve Cook presented before the Council. Mr. Cook asked of Gary Plotz the proposed amount being cut to the City's budget. Mr. Plotz explained that it is approximately $1.4 million. Mr. Cook asked ifthe Council could possibly hold off on moving ahead with the liquor store project at this time and possibly hold a public hearing at one of the upcoming meetings. Mayor Torgerson did state that the Council is considering this location and will be taking into consideration the opinions that have been presented in the Letters to the Editor of the Hutchinson Leader. John Rodeberg also noted that public hearings were held with the Downtown Plan meetings, in which this location was chosen as part of the plan. Mayor Torgerson did state that there may be more public hearings held regarding this issue. 11. CLAIMS. APPROPRIATIONS AND CONTRACT PAYMENTS 5 CITY COUNCIL AGENDA - FEBRUARY 25,2003 (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 unanimously. 12. ADJOURN With no further business to discuss, the meeting adjourned at 6:30 p.m. 6