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05-25-2004 CCM MINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, MAY 25, 2004 1. CALL TO ORDER - 5:30 P.M. Mayor MarlIn Torgerson called the meeting to order. Members present were Kay Peterson, Jim Haugen, Bill Arndt and Casey Stotts. Others present were Gary Plotz, City Administrator, Marc Sebora, City Attorney and John Rodeberg, Director of EngineeringIPublic Works. 2. INVOCATION - Rev. Kevin Oster, Our Saviors Lutheran Church, delivered the invocation. 3. PLEDGE OF ALLEGIANCE 4. MINUTES (a) REGULAR MEETING OF MAY 11, 2004 (b) BOARD OF EQUALIZATION MINUTES FROM MAY 13,2004 (c) BID OPENING MINUTES OF MAY 13, 2004 (d) BID OPENING MINUTES OF MAY 14, 2004 (e) BID OPENING MINUTES OF MAY 21,2004 Minutes were approved as presented. 5. CONSENT AGENDA (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. PIONEERLAND LIBRARY SYSTEM BOARD MINUTES FROM MARCH 18,2004 2. HUTCHINSON AREA HEALTH CARE BOARD MINUTES FROM APRIL 20, 2004 3. HUTCHINSON HOUSING & REDEVELOPMENT AUTHORITY BOARD MINUTES FROM APRIL 20, 2004 4. HUTCHINSON PLANNING COMMISSION MINUTES FROM APRIL 20, 2004 5. HUTCHINSON AREA HEALTH CARE FINANCIAL REPORT FOR APRIL 2004 6. CITY OF HUTCHINSON WATER AND WASTEWATER FINANCIAL REPORT FOR APRIL 2004 7. CITY OF HUTCHINSON GENERAL FUND FINANCIAL REPORT FOR APRIL 2004 8. CITY OF HUTCHINSON INVESTMENT REPORT FOR APRIL 2004 (b) RESOLUTIONS AND ORDINANCES 1. ORDINANCE NO. 03-361 - HIGHWAY 7 ACCESS MANAGEMENT OVERLAY ORDINANCE (SECOND READING AND ADOPTION) 2. ORDINANCE NO. 04-374 - AN ORDINANCE GRANTING A FRANCHISE TO AMERICAN PAYMENT CENTERS TO PLACE A PAYMENT CENTER OVER AND ABOVE CERTAIN CITY COUNCIL MINUTES - MAY 25, 2004 PROPERTIES LOCATED ON PUBLIC PROPERTY AT III HASSAN STREET SE (SECOND READING AND ADOPTION) 3. ORDINANCE NO. 04-376 - AN ORDINANCE AUTHORIZING THE SALE OF A PORTION OF PUBLIC PROPERTY TO EARTHL YDELIGHTS, LTD. (STATE THEATRE PROJECT) (WAIVE FIRST READING AND SET SECOND READING AND ADOPTION FOR JUNE 8, 2004) 4. RESOLUTION NO. 12420 - RESOLUTION APPOINTING AND DESIGNATING THE COMMISSIONER OF TRANSPORT A TION AS AGENT FOR THE CITY OF HUTCHINSON FOR THE PURPOSE OF CARRYING OUT FEDERALLY FUNDED AIRPORT IMPROVEMENT PROJECTS 5. RESOLUTION NO. 12421-RESOLUTIONFORPURCHASE 6. RESOLUTION NO. 12422 - RESOLUTION ACCEPTING PLEDGED SECURITIES FROM CITIZENS BANK & TRUST CO. (c) PLANNING COMMISSION ITEMS 1. CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY PEACE LUTHERAN CHURCH TO USE PROPERTY LOCATED AT 400 GLEN STREET SOUTH (FORMERHANTGE FUNERAL CHAPEL) FOR CLASS ROOMS AND MEETING ROOMS LOCATED IN THER2 DISTRICT WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENADTION (ADOPT RESOLUTION NO. 12411) 2. CONSIDERATION OF VARIANCE REQUESTED BY 3-D CNC LOCATED AT 10555TH AVENUE SE TO REDUCE SIDE YARD SETBACK FROM 20 FEET TO 17 FEET FOR THE CONSTRUCTION OF AN ADDITION ONTO AN EXISTING NONCONFORMING BUILDING AND REDUCE PARKING SPACE LENGTH BY TWO FEET WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (ADOPT RESOLUTION NO. 12412) 3. CONSIDERATION OF VARIANCE REQUESTED BY BARRY OLSON TO REDUCE FRONT YARD SETBACK FROM 25 FEET TO 18 FEET FOR THE CONSTRUCTION OF A COVERED ENTRY LOCATED AT 304 COLLEGE AVENUE NE WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (ADOPT RESOLUTION NO. 12413) 4. CONSIDERATION OF V ARIANCEREQUESTED BYDA VID BROLL TO INCREASE LOT COVERAGE REQUIRMENTS FROM 35% TO APPROXIMATELY 37% FOR CONSTRUCITON OF FOUR-SEASON PORCH ON TOWNHOUSE LOCATED AT 70 ORCHARD AVENUE SE WITH STAFF RECOMMNEDATION AND FAVORABLE RECOMMENDATION (ADOPT RESOLUTION NO. 12414) 5. CONSIDERATION OF VARIANCE REQUESTED BY RANDALL AND EDITH CARLSON TO REDUCE FRONT YARD SETBACK FROM 25 FEET TO 8.8 FEET FOR THE CONSTRUCTION OF ADDITION TO EXISTING NONCONFORMING DUPLEX LOCATED AT 426 HURON STREET SE WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (ADOPT RESOLUTION NO. 12415) 6. CONSIDERATION OF VACATION OF LOUISIANA STREET AND THE 10 FOOT UTILITY AND DRAINAGE EASEMENT DIRECTLY TO THE WEST OF THE STREET REQUESTED BY LEO SAND, SAND PROPERTIES, WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (WAIVE FIRST READING AND SET SECOND READING AND ADOPTION OF ORDINANCE NO. 04-377 FOR JUNE 8, 2004) 7. CONSIDERATION OF CONDITIONAL USE PERMIT AND V ARIANCEREQUESTED BY 2 CITY COUNCIL MINUTES - MAY 25, 2004 SCOTT GLASER TO CONSTRUCT A RETAINING WALL IN THE EASEMENT AND TO REDUCE SIDE YARD SETBACK ONE FOOT TO CONSTRUCT A HARD SURF ACED DOG WALK FOUR FEET FROM PROPERT LINE LOCATED AT 785 ROBERTS STREET SW WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (ADOPT RESOLUTION NO. 12416 AND 12417) 8. CONSIDERATION OF A THREE-LOT PRELIMINARY PLAT TO BE KNOWN AS HUTCHINSON FIFTH AVENUE INDUSTRIAL P ARK SUBMITTED BY THE HUTCHINSON EDA WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (ADOPT RESOLUTION NO. 12418) 9. CONSIDERATION OF AMENDMENT TO ZONING ORDINANCE SECTION 8.01 REGULATING EXISTING TWO FAMIL YHOMES IN THE SINGLEFAMIL YRESIDENCE DISTRICT WITH STAFF RECOMMENDATION AND FA VORABLERECOMMENDATION (WAIVE FIRST READING AND SET SECOND READING AND ADOPTION OF ORDINANCE NO. 04-379 FOR JUNE 8,2004) 1 O. CONSIDERATION OF FINAL PLAT TO BE KNOWN AS SOUTHFORK RIDGE SECOND ADDITION WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (ADOPT RESOLUTION NO. 12419) (d) LETTING NO.4, PROJECT NO. 04-04 (5TH AVENUE SE/INDUSTRIAL PARK) - DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT - HEARING ON PROPOSED ASSESSMENT (e) LETTING NO.5, PROJECT NO. 04-05 (ROLLING MEADOWS EAST) - DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT - HEARING ON PROPOSED ASSESSMENT - WAIVING HEARING ON PROPOSED ASSESSMENT - ADOPTING ASSESSMENT - ACCEPTING BID AND AWARDING CONTRACT (t) LETTING NO.8, PROJECT NO. 04-09 (RA VENWOOD WEST) - DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT - WAIVING HEARING ON PROPOSED ASSESSMENT - ADOPTING ASSESSMENT - ACCEPTING BID AND AWARDING CONTRACT (g) LETTING NO. 10, PROJECT NO. 04-12 (HUTCHINSON MUNICIPAL AIRPORT) - ACCEPTING BID AND AWARDING CONTRACT (h) CONSIDERATION FOR APPROVAL OF TRANSIENT MERCHANT APPLICATION FOR RICHARD SEIPEL DBA THE COUNTRY STOP (i) CONSIDERATION FOR APPROVAL OF PEDDLER'S LICENSE AND FEE ADmSTMENT FOR GERALD JOHNSON TO SELL NOVELTIES AT THE JAYCEE WATER CARNIVAL ON JUNE 20, 2004 0) CONSIDERATION FOR APPROVAL OF SHORT-TERM GAMBLING LICENSE FOR HUTCHINSON AREA FOUNDATION FOR HEALTH CARE ON AUGUST 9, 2004 3 CITY COUNCIL MINUTES - MAY 25, 2004 (k) CONSIDERATION FOR APPROVAL OF AWARDING RECREATION CENTER FLOORING BID Items 5(d), 5(e), 5(t), and 5(i) were pulled for separate action. Motion by Peterson, second by Haugen, to approve consent agenda with the exception of items 5(d), 5(e), 5(t) and 5(i). Motion carried unanimously. 5(d). John Rodeberg explained that accepting bid and awarding contract should be included with this action item. Motion by Peterson, second by Arndt, to approve accepting bid and awarding contract. Motion carried unanimously. 5(e). John Rodeberg explained that this award should be contingent on the subdivision agreement being signed. Motion by Haugen, second by Stotts, to approve this project upon the contingency of the subdivision agreement being signed. Motion carried unanimously. 5(t). John Rodeberg requested that this item be deferred to the June 8, 2004, City Council meeting. In addition, the low bidder, Duinick Bros., has had issues with previous city projects and John would like to get those ironed out. Motion by Peterson, second by Arndt, to defer this item to the June 8, 2004, City Council meeting. 5(i). The applicant requested that the license fee be adjusted due to decreased sales. This item will be deferred to the June 8, 2004, City Council meeting in order to determine what other City's charge for transient merchant fees. 6. PUBLIC HEARINGS - 6:00 P.M. 7. COMMUNICATIONS, REQUESTS AND PETITIONS 8. UNFINISHED BUSINESS (a) CONSIDERATION OF ALOT SPLIT LOCATED AT 165 5TH AVENUENW AS REQUESTED BY PAUL BETKER WITH UNFAVORABLE STAFF RECOMMENDATION AND UNF A VORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION NO. 12390) Julie Wi schnack, Planning Director, presented before the Council. Ms. Wi schnack gave an overview of the situation. Options for the Council to consider are to send this item back to the Planning Commission for consideration, approve/deny the lot split, or to provide direction to staff to negotiate a property sale. John Rodeberg explained that the tile line running through the lot is from the early 1900s and this line is where raw sewage is coming from. The tile line is operating and the City needs to keep it operational and not remove it. Discussion was held on drainage issues on this property and surrounding properties. Mayor Torgerson's feeling is that this lot is unbuildable, it could be split, but then a portion of the lot would be unbuildable. The southwest corner of the parcel is the only piece that is buildable. Casey Stotts asked if it would be an option for the City to purchase the unbuildable portion of the parcel. Mr. Rodeberg stated that more ponding will be needed than what is available on the lot, but property to the north will more than likely need to be purchased to build a pond. Julie Wi schnack explained that the vote at the Planning Commission was 6-0 recommending denial of the lot split. Paul Betker, property owner, presented before the Council. Mr. Betker explained that he purchased 4 CITY COUNCIL MINUTES - MAY 25, 2004 this lot thinking that he would be able to split it. Mr. Betker stated he was unaware of the tile line and he feels like he is in a dilemma. He also stated that other development has forced water to this area. The lot split would cause one portion of the lot to be unbuildable. If the lot remains as one lot, the lot would have a buildable area on the southwest corner. Mr. Betker requested that this item be tabled so more discussion on options for the lot can be discussed. More discussion was held on what the next steps should be. John Rodeberg explained that the City may not need to purchase the unbuildable portion of the lot, however drainage easements could be purchased. Motion by Arndt, second by Peterson, to defer this item to the June 8, 2004, City Council meeting. Motion carried unanimously. 9. NEW BUSINESS ( a) CONSIDERATION FOR APPROVAL OF REQUEST FOR PROPOSALS FOR WATER SYSTEM MASTER PLAN AND WASTEWATER FACILITY OPERATIONAL SUPPORT AND ANAL YSIS John Rodeberg explained that he has two RFPs for consideration. Mr. Rodeberg further explained that the last analysis done was years ago and needs to be completed again. The second RFP is relating to staffing issues at the wastewater facility. This request is to obtain proposals with approval of the RFPs occurring at a later Council meeting. Motion by Peterson, second by Haugen, to approve the request for proposals for water system master plan and wastewater facility operatIOnal support and analysis. Motion carried unanimously. (b) CONSIDERATION FOR APPROVAL OF 2004 RECLASSIFICATION REQUESTS Gary Plotz, City Administrator, explained that typically reclassification requests are made in January, however due to the reorganization of the Public Works Department, the requests have been delayed to now. Brenda Ewing, Director of Human Resources, presented before the Council. Ms. Ewing explained the positions for consideration of reclassification which include Director of Public Works, Assistant Public Works Director, Laboratory Technician, Director of Human Resources, Administrative Secretary and City Attorney. Bill Arndt questioned the reclassification of the laboratory technician. Ms. Ewing explained that the job duties have been adjusted. Jim Haugen questioned the rates indicated on the chart provided in the packet. Ms. Ewing explained that pay Increases indicated are for the remainder of 2004. Motion by Peterson, second by Arndt, to approve 2004 reclassification requests. Motion carried unanimously. Ms. Howell, neighbor to Betker property, presented before the Council. Ms. Howell voiced her concerns of her property flooding if a house is built on the lot owned by Paul Betker. 10. MISCELLANEOUS (a) COMMUNICATIONS 1. Hutchinson Area Health Care requested approval to purchase infusion pumps in the amount of $59,000. 5 CITY COUNCIL MINUTES - MAY 25, 2004 Motion by Peterson, second by Arndt, to approve purchase of infusion pumps. Motion carried unanimously. Bill Arndt - Mr. Arndt congratulated the class of 2004 on upcoming graduation. Mr. Arndt also stated that a good meeting was held with the downtown property owners regarding the lighting issue. Kay Peterson - Ms. Peterson reminded the public of the 100th anniversary of the Public Library on June 22,2004. Motion by Peterson, second by Arndt, to set the 100th Anniversary of the Public Library as an open meeting of the City Council. Motion carried unanimously. Gary Plotz - Mr. Plotz explained that a presentation on the liquor store project will be at the June 8Jl 2004, City Council meeting. Mr. Plotz suggested that a public hearing be held at the June 8t meeting for the public to VOIce their opinions on the liquor store project. Motion by Arndt, second by Stotts, to set a public hearing for June 8, 2004, at 6:00 p.m. to discuss the liquor store project. Motion carried unanimously. Mayor Torgerson noted that the newspaper had published the fact that the City Council had decided to build a second liquor store. The Council has not made that decision. John Rodeberg - Mr. Rodeberg informed the Council that a Highway 15 Corridor Coalition meeting was held last week and was attended very well. The first draft of plans of Highway 7 have been presented and a hearing will be held for municipal consent at a future Council meeting. 11. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS Motion by Stotts, second by Peterson, to approve claims, appropriations and contract payments. Motion carried unanimously. 12. ADJOURN With no further business to discuss, the meeting adjourned at 6:45 p.m. 6