10-26-2004 CCM
MINUTES
REGULAR MEETING - HUTCHINSON CITY COUNCIL
TUESDAY, OCTOBER 26,2004
1. CALL TO ORDER - 5:30 P.M.
2. INVOCATION - Rev. Todd Ertsgaard, Oak Heights Covenant Church, delivered the invocation.
3. PLEDGE OF ALLEGIANCE
4. MINUTES
(a) REGULAR MEETING OF OCTOBER 13, 2004
Minutes were approved as presented.
5. CONSENT AGENDA
(a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS
1. PIONEERLAND LIBRARY SYSTEM BOARD MINUTES FROM JUNE 17 AND JULY 22, 2004
2. AIRPORT COMMISSION MINUTES FROM JULY 20, 2004
3. HUTCHINSON HOUSING & REDEVELOPMENT AUTHORITY BOARD MINUTES FROM
SEPTEMBER 21, 2004
4. BUILDING DEPARTMENT MONTHLY REPORT FOR SEPTEMBER 2004
5. HUTCHINSON AREA HEALTH CARE BOARD MINUTES FROM SEPTEMBER 21,2004
6. CITY OF HUTCHINSON FINANCIAL REPORTS FOR REFUSE, COMPOST, WATER,
WASTEWATER AND GENERAL FUNDS FOR SEPTEMBER 2004
7. CITY OF HUTCHINSON INVESTMENT REPORT FOR SEPTEMBER 2004
8. HUTCHINSON AREA HEALTH CARE FINANCIAL REPORT FOR SEPTEMBER 2004
(b) RESOLUTIONS AND ORDINANCES
1. RESOLUTION NO. 12541-RESOLUTION APPROVING CERTIFICATION OF ASSESSMENTS
(c) PLANNING COMMISSION ITEMS
1. CONSIDERATION OF VARIANCES REQUESTED BY PAUL BETKER TO INCREASE TWIN
HOME LOT COVERAGE ON TWO LOTS IN THE SOUTHWIND PLAT LOCATED AT 230/234
AND 245/249 OTTAWA AVENUE SE WITH STAFF RECOMMENDATION AND FAVORABLE
RECOMMENDATION (ADOPT RESOLUTION NOS. 12539 AND 12540)
Motion by Peterson, second by Arndt, to approve consent agenda. Motion carried unanimously.
6. PUBLIC HEARINGS - 6:00 P.M. - NONE
7. COMMUNICATIONS, REQUESTS AND PETITIONS
8. UNFINISHED BUSINESS
CITY COUNCIL MINUTES - OCTOBER 26, 2004
9. NEW BUSINESS
(a) CONSIDERATION OF ORDINANCE NO. 04-0389 - AN ORDINANCE REGULATING MOTORIZED
SCOOTERS (WAIVE FIRST READING AND SET SECOND READING AND ADOPTION FOR
NOVEMBER 9, 2004)
Dan Hatten, Director of Emergency Services, presented before the Council. Chief Hatten stated that he had
received information from the State of Minnesota stating that motorized scooters are illegal if they do not
meet general equipment standards, which would include taillights, blinkers, etc. Discussion was held
regarding handicapped devices, which could be listed under the exceptions section of the proposed
ordinance if the use IS for medical needs. Chief Hatten also stated that the equipment needed for scooters to
make them legal can be purchased and installed on the scooters. This equipment could have some age
restrictions on it. Chief Hatten informed the Council that he has received information from the State that has
indicated that without proper equipment, motorized scooters are not to be operated on roadways.
Council Member Haugen asked that if it is regulated by the State, does an ordinance need to be put in place.
Chief Hatten stated that it would be more clear for city residents if a local ordinance was put in place.
Council Member Stotts stated that he has been looking at this issue as well for quite some time, and has
learned from the State that motorized scooters are legal to sell but illegal to possess. He stated he would
also contact the DPS to see if they are working on this issue.
Motion by Stotts, second by Haugen, to set second reading and adoption of Ordinance No. 04-0389 for
November 9,2004. Motion carried unanimously.
(b) CONSIDERTION OF PRELIMINARY PLAT TO BE KNOWN AS HUTCHINSON SENIOR CAMPUS,
REZONING FROM R1 TO R4 AND C4 AND A PLANNED DEVELOMENT DISTRICT LOCATED ON
HWY 15 SOUTH WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION
(W AIVE FIRST READING AND SET SECOND READING OF ORDINANCE NO. 04-390 AND ADOPT
RESOLUTION NO. 12537)
Julie Wi schnack, Director of Planning/Zoning/Building, presented before the Council. Ms. Wi schnack
explained that the Planning Commission did approve this item unanimously with some conditions placed on
it.
Council Member Stotts stated he was very impressed with the developer's plans.
Motion by Peterson, second by Arndt, to approve preliminary plat and PDD and set second reading and
adoption of Ordinance No. 04-390 for November 9,2004. MotIOn carried unanimously.
(c) CONSIDERATION OF VARIANCE REQUESTED BY LEE STRITESKY TO ALLOW FOR THE
CONSTRUCTION OF A 36' X 24' GARAGE IN THE FRONT YARD LOCATED AT 1005 LEWIS
AVENUE WITH STAFF RECOMMENDATION AND FA VORABLERECOMMENDATION (ADOPT
RESOLUTION NO. 12538)
Julie Wi schnack, Director of Planning/Zoning/Building, presented before the Council. Ms. Wi schnack
stated that building plans were not included to the Planning Commission but have been provided to the
Council. Ms. Wi schnack noted that the garage will be placed in the front yard of the property.
Applicant, Lee Stritesky, presented before the Council. Mr. Stritesky requested the Council remove
condition #3 on his variance, which states, "Screening ofplantings must be located on the south side of the
garage:" Mr. Stritesky feels that there is adequate screening currently in place that will provide appropriate
screemng.
Council Member Arndt asked if the property owners directly to the east have any concerns. Mr. Stritesky
and Ms. Wi schnack indicatd that they have received no comments.
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CITY COUNCIL MINUTES - OCTOBER 26, 2004
Motion by Stotts, second by Peterson, to approve variance requested by Lee Strite sky at 1005 Lewis
Avenue, removing condition #3, and as illustrated in the drawings turned in October 20, 2004. Motion
carried unanimously.
(d) CONSIDERATION FOR APPROVAL OF REVISING TRANSIENT MERCHANT LICENSE FEE
SCHEDULE
Marc Sebora, City Attorney, presented before the Council. Mr. Sebora explained that an applicant, Homier
Distributing, has objected to the license fees currently in place, which are $200/day and $500/year. Mr.
Sebora informed the Council that he has contacted the League of Minnesota Cities regarding this issue.
Based on information provided, Mr. Sebora is recommending that the license fee be reduced to $100 per
license, whether for a day or a year.
Motion by Peterson, second by Stotts, to approve revising transient merchant license fee schedule to $100
per license. Motion carried unanimously.
(e) CONSIDERATION FOR APPROVAL OF TRANSIENT MERCHANT LICENSE FOR HOMIER
DISTRIBUTING ON NOVEMBER 30 AND DECEMBER 1, 2004, AT THE NATIONAL GUARD
ARMORY
Motion by Peterson, second by Stotts, to approve transient merchant license for Homier Distributing on
November 30 and December 1, 2004, at National Guard Armory. Motion carried unanimously.
(t) CONSIDERATION FOR APPROVAL OF GENERATOR PURCHASE
Ken Merrill, Finance Director, presented before the Council. Mr. Merrill explained that two generators are
being proposed to be installed this year. Mr. Merrill has located funding sources for this project.
Dan Hatten, Director of Emergency Services, presented before the Council. Chief Hatten explained that the
police department has obtained a large generator from the hospital. This generator will be Installed in the
Emergency Operations Center. The generator currently located at the EOC will then be installed at the
Recreation Center. The Recreation Center does not currently have adequate power storage for this
generator. This request is to approve the installation of the generators and to use specific funding for this
project. Part of the funding for these generators is from a grant for the police/fire training tower.
Motion by Stotts, second by Haugen, to approve generator installation and use of grant funds for installation.
Motion carried unanimously.
(g) CONSIDERATION FOR APPROVAL OF SETTING BUDGET INFORMATIONAL MEETINGS FOR
4:15 P.M. ON NOVEMBER 9 AND NOVEMBER 23,2004
Motion by Peterson, second by Arndt, to approve setting budget informational meetings for November 9 and
23,2004, at 4: 15 p.m. Motion carried unanimously.
(h) CLOSED SESSION TO DISCUSS COMMENCING LITIGATION AGAINST ALLIED MECHANICAL
SYSTEMS
The regular meeting adjourned at 6:25 p.m. and the Council retired to closed session.
Following the closed session the Council reopened the regular meeting and adjourned at 6:45 p.m.
10. MISCELLANEOUS
(a) COMMUNICATIONS
1. CHANGE ORDER NO.2, LETTING NO.5, PROJECT NO. 04-05
Motion by Arndt, second by Haugen, to approve Change Order NO.2. Motion carried unanimously.
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CITY COUNCIL MINUTES - OCTOBER 26, 2004
2. SETTING CANVASSING BOARD FOR CITY ELECTION
Gary Plotz, City Administrator, informed the Council that canvassing of the City election needs to be set
within seven days of the election.
Motion by Arndt, second by Stotts, to set canvassing of election for November 3,2004, at 9:00 a.m.
Motion carried unanimously.
Casey Stotts - Council Member Stotts stated that he would like all council members to have proposed budget
cuts turned in to Gary Plotz, City Administrator, by November 2,2004. These items should be listed as specific
programs or specific dollar amounts.
Bill Arndt - Council Member Arndt stated that he had learned that Mediacom will be increasing their late fees
to $5.00.
Gary Plotz stated that he had written a letter to Mediacom regarding issues and concerns. Attorney Sebora
stated that these issues should be addressed before Mediacom' s franchise renewal.
John Olson - Mr. Olson stated that a petition had been received from neighbors on Grove Street requesting
street lights. Mr. Olson informed the group that these requests are reviewed internally and are part of the
Hutchinson Utilities Commission capital improvement plan. Someone will be in contact with the petitioners.
11. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS
Motion by Arndt, second by Peterson to approve claims, appropriations and contract payments. Motion carried
unanimously.
Joan Harren, Jefferson Street, presented before the Council. Ms. Harren requested that before the Farr
Development property is approved, open issues be resolved. These issues include tiling and drainage. Ms.
Harren explained that workers for Farr Development have taken top soil off of a property owner's field.
Attorney Sebora stated that he would speak with the Planning and Engineering staff regarding this. Ms. Harren
also explained that Farr Development hired a surveyor and stakes have been placed on her property indicating
inaccurate property lines. Marc Sebora, Gary Plotz and the engineering department will meet with Ms. Harren.
12. ADJOURN
With no further business to discuss, the meeting adjourned at 6:45 p.m.
Marlin Torgerson, Mayor
ATTEST:
Gary Plotz, CIty AdmInIstrator
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