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06-22-2004 CCM MINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, JUNE 22, 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 - Due to the absence of Rev. Jim Hall, Word of Life Church, the invocation was dispensed. 3. PLEDGE OF ALLEGIANCE PRESENTA TION TO MARION GRAHAM BY CENTRAL STATES W A TERENVIRONMENT ASSOCIA TION Jim Roth, Central States Water Environment Association, presented an award to Marion Graham, Waste Water Department employee. Ms. Graham was inducted Into the Society of Sanitary Sludge Shovelers for her admirable work efforts. 4. MINUTES (a) REGULAR MEETING OF JUNE 8, 2004 The minutes were approved as presented. 5. CONSENT AGENDA (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. HUTCHINSON PUBLIC LIBRARY BOARD MINUTES FROM APRIL 27,2004 2. PIONEERLAND LIBRARY SYSTEM BOARD MINUTES FROM APRIL 15,2004 3. HUTCHINSON HOUSING & REDEVELOPMENT AUTHORITY BOARD MINUTES FROM MAY 18, 2004 4. HUTCHINSON AREA HEALTH CARE BOARD MINUTES FROM MAY 18, 2004 5. HUTCHINSON PLANNING COMMISSION MINUTES FROM MAY 18, 2004 6. HUTCHINSON AREA HEALTH CARE FINANCIAL REPORT FOR MAY 2004 7. CITY OF HUTCHINSON GENERAL FUND FINANCIAL REPORT FOR MAY 2004 8. CITY OF HUTCHINSONREFUSE/COMPOST/W ATER/SEWERFINANCIAL REPORT FOR MAY 2004 9. CITY OF HUTCHINSON INVESTMENT REPORT FOR MAY 2004 (b) RESOLUTIONS AND ORDINANCES 1. RESOLUTION NO. 12452 -RESOLUTION RELEASING PLEDGED SECURITIES FROM CITIZENS BANK & TRUST CO. (c) PLANNING COMMISSION ITEMS CITY COUNCIL MINUTES - JUNE 22, 2004 1. CONSIDERATION OF PETITION TO ANNEX 23.85 ACRES (HAJICEK PROPERTY) SUBMITTED BY F ARR DEVELOPMENT WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (WAIVE FIRST READING AND SET SECOND READING AND ADOPTION OF ORDINANCE NO. 04-380 FOR JULY 13,2004) 2. CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY LARRY MURPHY TO PLACE A 20' X 8' STORAGE SHED ON PROPERTY LOCATED IN THE C-5 DISTRICT AT 281 3RD AVENUE NW WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (ADOPT RESOLUTION NO. 12444) 3. CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY JAY PETTIT TO AMEND THE PLANNED DEVELOPMENT DISTRICT TO ALLOW FOR A REDUCTION IN LOT WIDTH FOR CONSTRUCTION OF DUPLEXES ON LOTS 5 AND 6, SANTELMAN'S ADDITION WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (ADOPT RESOLUTION NO. 12445) 4. CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY OUR SAVIOR'S LUTHERAN CHURCH TO ALLOW THE CHURCH TO OPERATE A CHILD CARE FACILITY AT 810 BLUFF STREET NE WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (ADOPT RESOLUTION NO. 12446) 5. CONSIDERATION OF PRELIMINARY PLAT TO BE KNOWN AS COMMUNITY OF LAKERIDGE, REZONING FROM R-1 TO R-4 AND PLANNED DEVELOPMENT DISTRICT TO ALLOW FOR CONSTRUCTION OF A 36 UNIT SENIOR HOUSING CONDOMINIUM COMPLEX LOCATED AT 1085 DALE STREET SW WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (ADOPT RESOLUTION NO. 12447 AND WAIVE FIRST READING AND SET SECOND READING AND ADOPTION OF ORDINANCE NO. 04-381 FOR JULY 13,2004) 6. CONSIDERATION OF VARIANCE REQUESTED BY JEANNINE GEHLEN TO REDUCE CORNER LOT SETBACK FROM 25' TO 15.2' FOR THE CONSTRUCTION OF A 24' X 24' GARAGE LOCATED AT 555 GROVE STREET SW WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (ADOPT RESOLUTION NO. 12448) 7. CONSIDERATION OF SEVEN LOT PRELIMINARY PLAT TO BE KNOWN AS KOTTKE'S AND REZONING FROM R-1 TO R-2 PDD SUBMITTED BY BRIAN AND SHARON BURGESS LOCATED AT 1381/1383 JEFFERSON STREET SE WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (ADOPT RESOLUTION NO. 12450 AND WAIVE FIRST READING AND SET SECOND READING AND ADOPTION OF ORDINANCE NO. 04-383 FOR JULY 13,2004) (d) APPOINTMENT TO THE HUTCHINSON HOUSING & REDEVELOPMENT AUTHORITY BOARD TO AUGUST 2007 - This item will be deferred to a later meeting. (e) CONSIDERATION FOR APPROVAL OF TOBACCO LICENSE TO CASEY'S RETAIL COMPANY DBA CASEY'S GENERAL STORE (NEW OWNERSHIP) 2 CITY COUNCIL MINUTES - JUNE 22, 2004 (t) CONSIDERATION FOR APPROVAL FOR PURCHASE OF BARRIER ISOLATER HOOD FOR HUTCHINSON AREA HEAL TH CARE (g) CONSIDERATION FOR APPROVAL OF TRANSIENT MERCHANT LICENSE FOR ADAM JAROS TO SELL FIREWORKS FROM JUNE 25 TO JULY 4, 2004, IN ECONO FOODS PARKING LOT (h) CONSIDERATION FOR APPROVAL OF SHORT-TERM ON-SALE 3.2 MALT LIQUOR LICENSE FOR RC PROMOTIONS ON JULY 16 & 17,2004, AT MCLEOD COUNTY FAIRGROUNDS FOR TRACTOR PULL (i) LETTING NO.2, PROJECT NO. 04-02, (SOUTH AREA TRUNK SANITARY SEWER- PHASE 3) - ORDERING PREPARATION OF REPORT - ACCEPTING REPORT AND WAIVING HEARING ON PROJECT - ORDERING IMPROVEMENT AND PREPARATION OF PLANS - APPROVING PLANS AND ORDERING ADVERTISEMENT FOR BIDS Motion by Stotts, second by Arndt, to approve consent agenda. Motion carried unanimously. 6. PUBLIC HEARINGS - 6:00 P.M. (a) CONSIDERATION FOR APPROVAL OF ON SALE INTOXICATING & SUNDAY LIQUOR LICENSE TO RAUL PRIETO (RESTAURANT TO BE OPENED IN FORMER JONNY'S REST AURANT LOCATION) Mayor Marlin Torgerson explained that the Fire Department is requesting that the liquor license not be issued until appropriate code updates are made to the building. Motion by Arndt, second by Peterson, to close public hearing. Motion carried unanimously. Motion by Peterson, second by Arndt, to approve the on-sale intoxicating & Sunday liquor license to Raul Prieto dba Mirachi Fiesta, contingent on completion and correction of all fire code corrections. Motion carried unanimously. (b) ASSESSMENT HEARING - LETTING NO.6, PROJECT NO. 04-06 & 04-07 (ECHO DRIVE SE & ECHO CIRCLE SE) - ADOPTING ASSESSMENT AND ACCEPTING BID John Rodeberg, Director of Public Works, presented before the Council. Mr. Rodeberg explained the drivers for this proj ect are related to infrastructure management, storm sewer management, and water and sewer management. The project includes reconstructing the deteriorating sanitary sewer & related services, reconstructing water services, replacing most of the curb and gutter, constructing a pond, widening the southern block of the street to allow parking on both sides of the street and constructing a sidewalk on the east side of the street and both sides on the southern block. Mr. Rodeberg continued to explain the process of the project. Mr. Rodeberg also explained funding for the project and how the assessment rates were configured. The total cost of the project is $626,733.08. Mr. Rodeberg continued to cover the payment options of the assessments. Mr. Rodeberg commented that concrete may be considered as an alternative to bituminous due to rising costs of fuel. John Korngiebel, Leona Apartments, presented before the Council. Mr. Korngiebel asked if any consideration could be given to the tenants of his apartment building, whom are elderly and disabled, 3 CITY COUNCIL MINUTES - JUNE 22, 2004 as far as deferred assessments are concerned for those meeting the income guidelines. The rent charged is controlled by the federal government, but he is figuring that rent will increase approximately $10.00 per month to his tenants. Mr. Rodeberg explained that this item of concern could be considered as an appeal and the rest of the assessment roll could be approved, with this item to be determined. Motion by Haugen, second by Arndt, to close public hearing. Motion carried unanimously. Motion by Peterson, second by Stotts, to adopt assessment and accept bid for Letting No.6, Project No. 04-06 & 04-07, with the exception ofJohn Korngiebel's appeal. Motion carried unanimously. (c) ASSESSMENT HEARING - LETTING NO.9, PROJECT NO. 04-10 & 04-11 (ARCH STREET TRAIL & BLOCK 7 DOWNTOWN ALLEY, SOUTH HALF OF CITY) - ADOPTING ASSESSMENT AND ACCEPTING BID John Rodeberg explained that the alley property is directly to the north of the City Center. Mr. Rodeberg explained the Arch Street Trail will be paved at the cost of the City. Mr. Rodeberg covered the project costs for both the alley and the trail. The cost for the project is $84,861.20. The alley will be constructed with concrete due to the utilities located underneath. Motion by Arndt, second by Haugen, to close public hearing. Motion carried unanimously. Motion by Haugen, second by Arndt, to adopt assessment and accept bid for Letting No.9, Project No. 04-10 & 04-11. Motion carried unanimously. (d) LETTING NO. 11, PROJECT NO. 04-13 (12TH AVENUE NW) - ORDERING IMPROVEMENT AND PREPARATION OF PLANS - APPROVING PLANS AND ORDERING ADVERTISEMENT FOR BIDS John Rodeberg explained that this area is known as Krsiean Acres. This project would includ~ extending sanitary sewer to enable properties for residential development on the north side of Ii Avenue NW. No street work is included. A 10-year deferment of assessments will be put in place for lots that can be subdivided. The total project cost is $58,000. Mr. Rodeberg explained that he received a telephone call from the owner of the middle lot, whose assessments are estimated at $13,000-14,000. This property owner has no desire to develop and would like the assessments deferred for more than 10 years. Mr. Rodeberg explained how interest is configured into assessments. Butch Hausladen, property owner, asked if a sanitary sewer could be located on 13th Avenue. Mr. Rodeberg explained that the Cit~ is responsible for providing service to all surrounding areas and if the line would be located on 13 Avenue, it would not reach to the Rolling Meadows addition. Owner of corner lot presented before Council. The owner explained that this lot is not buildable and asks that assessments need not be paid. The assessments would not go into effect unless this property is considered buildable. The owner of the middle lot asked what happens, as far as assessments are concerned, ifin 10 years he hasn't developed the lot. John Rodeberg explained that the 1 O-year deferment could be extended if the Council desires. The deferment could put stipulations that assessments be paid when the property is sold or developed. The action tonight is to approve the plans and specifications with the assessment hearing to be held at a later date. Butch Hausladen asked that a building permit be issued prior to the sanitary sewer be in place since the project has been approved. He would like to complete his construction project prior to the winter season. This will be addressed at assessment hearing. Motion by Peterson, second by Arndt, to close public hearing. Motion carried unanimously. Motion by Stotts, second by Haugen, to order improvement and preparation of plans and approve 4 CITY COUNCIL MINUTES - JUNE 22, 2004 plans and order advertisement for bids for Letting No. Il, Project No. 04-13. Motion carried unanimously. (e) LETTING NO.5, PROJECT NO. 04-05 (ROLLING MEADOWS EAST) This project is to complete street improvements and utilities in Rolling Meadows East and approximately 200 feet east of Texas Avenue. The total project cost is $843,359.57. Mr. Rodeberg explained the financing for the proj ect, with assessments in Rolling Meadows being deferred for 10 years and assessments to be active immediately on Texas Avenue. An appeal was received from Sand Properties, owners of Huski Townhomes located on Texas Avenue, who are requesting a detailed breakdown of the assessment costs. Motion by Arndt, second by Stotts, to close public hearing. Motion carried unanimously. Motion by Stotts, second by Peterson, to order improvement and preparation of plans and approve plans and order advertisement for bids for Letting NO.5. Motion carried unanimously. Motion by Stotts, second by Peterson, to note appeal by Sand Properties. Motion carried unanimously. 7. COMMUNICATIONS, REQUESTS AND PETITIONS ( a) Brenda Ewing, Human Resources Director, presented before the Council. Ms. Ewing explained that the Council had previously authorized hiring a City Engineer, however a favorable candidate has not been able to be found through regular advertising. Due to the supply of inadequate candidates, staff is requesting to contract with a recruiter to find more favorable candidates. A fee structure will be established when a recruiter is selected, however verbal information from two recruiting groups estimated that the rate will range from $16,000-19,000. Gary Plotz informed the Council that back when John Rodeberg, current City Engineer, was hired the same situation arose. Much advertising was done via regular avenues and staff ended up contracting with a recruiter to fill the position. The funds for the recruiter will be used from the salary that was budgeted for the position. Motion by Arndt, second by Haugen, to authorize staff to hire recruiter to begin search to fill City Engineer position. Motion carried unanimously. (b) PRESENTATION BY MARC VAILLANCOURT, CHAIR, HUTCHINSON 150TH ANNIVERSARY CELEBRATION Marc Vaillancourt presented what has been planned for the 150th anniversary celebration. Mr. Vaillacourt shared the logo for the celebration. Mr. Vaillancourt also introduced the steering committee for the celebration. Events include a kickoff dinner on January 29, 2005, a city-wide block party July 22-24,2005, with proposed activities outlined, Gala Reception Dinner November 19,2005. Mr. Vaillancourt outlined funding opportunities to businesses and citizens. A web site is being developed that will go live September 1, 2004. Mr. Vaillancourt intends to return the end of September for another presentation to the Council. 8. UNFINISHED BUSINESS 9. NEW BUSINESS (a) CONSIDERATION OF VACATING PARK ELEMENTARY SCHOOL PROPERTY AS REQUESTED BY THE HUTCHINSON SCHOOL BOARD Keith Kamrath, Chair of Hutchinson School Board, presented before the Council. Mr. Kamrath requested that the City Council set a public hearing to discuss vacating the property that Park Elementary currently sits on. Mr. Kamrath clarified that this action is not to vacate the school building, but for the City to vacate the property that the school is located on. The public hearing will allow for more details to be given and questions to be answered. 5 CITY COUNCIL MINUTES - JUNE 22, 2004 Dan Cole, Briggs and Morgan, presented before the Council. Mr. Cole explained that the request of the School District is to vacate the property, which is giving up legal rights to the property. The school is requesting that the City recognize the fact that Park Elementary school is sitting on public property that was dedicated hundreds of years ago as a park. The District is requesting that the property to be vacated is where the school sits and not the other parkland surrounding it. The school district's recommendation is that virtually the entire city receive notice of the public hearing since it is a park. Motion by Stotts, second by Peterson, to set public hearing to discuss vacation of Park Elementary school park land property for July 27, 2004, at 6:00 p.m. Motion carried unanimously. (b) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY PAUL BETKER TO ALLOW FOR AN ACCESSORY USE WITHOUT A PRIMARY STRUCTURE ON PROPERTY LOCATED AT 849 2ND AVENUE SWWITHFA VORABLE STAFF RECOMMENDATION AND UNF A VORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION NO. 12451) Julie Wi schnack, Director of Planning/Zoning/Building, presented before the Council. Ms. Wi schnack explained that the request of the applicant is to allow for an accessory use for storage without a primary structure (home) on the lot. The planning staff approved this item, however the Planning Commission unanimously recommends denial of this conditional use permit. Since the Commission's vote, a petition has been received with 34 signatures of area neighbors opposing the conditional use permit. Casey Stotts expressed that he understands surrounding property owner's frustration, however he wants to make sure things are done legally. He also has concerns about the property owner not being able to construct what she wants on the property. According to the Zoning Ordinance, an accessory building can be built on a lot, however the Intention and understanding must be that a principal building must be constructed within a certain time frame. Motion by Arndt, second by Peterson, to approve Planning Commission's recommendation to deny the conditional use permit application. Motion carried unanimously. Randy Redman, At Home Realty, stated that Mr. Betker had planned on withdrawing his application for a conditional use permit. (c) CONSIDERATION OF SETTING SPECIAL CITY COUNCIL MEETING FOR JUNE 29,2004, AT 6:00 P.M. (d) CONSIDERATION OF CALLING FOR PUBLIC HEARING ON JUNE 29,2004, AT 6:00 P.M. TO DISCUSS PROPOSED AMENDMENTS TO TIF DISTRICTS 5, 6, & 7 Motion by Arndt, second by Haugen, to set special city council meeting for June 29,2004, at 6:00 p.m. and to adopt Resolution No. 12453 calling for a public hearing to discuss proposed amendments to TIF Districts 5, 6, & 7. Motion carried unanimously. 10. MISCELLANEOUS (a) COMMUNICATIONS John Rodeberg explained that a grant offer with the Federal Aviation Administration needs to be acted on in order to approve the grant application for airport improvement projects at the Hutchinson Municipal Airport. Motion by Haugen, Peterson, to approve the grant offer and resolution with the Federal Aviation Administration for airport improvement projects at the Hutchinson Municipal Airport. Motion carried unanimously. 6 CITY COUNCIL MINUTES - JUNE 22, 2004 11. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS Motion by Stotts, second by Haugen, to approve claims, appropriations and contract payments. Motion carried unanimously. 12. ADJOURN With no further business to discuss, the meeting adjourned at 7:00 p.m. 7