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11-23-2004 CCM MINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, NOVEMBER 23, 2004 1. CALL TO ORDER - 5:30 P.M. Mayor MarlIn Torgerson called the meeting to order. Members present were Kay Peterson, Jim Haugen, Casey Stotts and Bill Arndt. Others present were Gary Plotz, City Administrator, Marc Sebora, City Attorney and John Rodeberg, Director of Public Works. 2. INVOCATION - Rev. Max Meyers, Riverside Assembly of God Church, delivered the invocation. 3. PLEDGE OF ALLEGIANCE Deane Dietel presented before the Council. Mr. Dietel presented on behalf of the South Fork Crow River Association. Mr. Dietel informed the Council that this volunteer organization has just been formed and they are seeking more volunteers, as well as assistance from city staff and the City Council. Mr. Dietel presented a map of the South Fork Crow River to the Council. 4. MINUTES (a) REGULAR MEETING OF NOVEMBER 9,2004 Minutes were approved as presented. 5. CONSENT AGENDA (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. PLANNING COMMISSION MEETING MINUTES FROM OCTOBER 19, 2004 2. SPECIAL PLANNING COMMISSION MEETING MINUTES FROM NOVEMBER 8, 2004 3. HUTCHINSON AREA HEAL TH CARE BOARD MEETING MINUTES FROM OCTOBER 19, 2004 4. HUTCHINSON HOUSING & REDEVELOPMENT AUTHORITY BOARD MEETING MINUTES FROM OCTOBER 19, 2004 5. CITY OF HUTCHINSON GENERAL FUND FINANCIAL REPORT FOR OCTOBER 2004 6. CITY OF HUTCHINSONREFUSE/COMPOST/W ATER/WSTEW ATERFINANCIALREPORT FOR OCTOBER 2004 7. HUTCHINSON AREA HEALTH CARE FINANCIAL REPORT FOR OCTOBER 2004 8. CITY OF HUTCHINSON INVESTMENT REPORT FOR OCTOBER 2004 (b) RESOLUTIONS AND ORDINANCES 1. RESOLUTION NO. 12557 -RESOLUTION TO SELL AT AUCTION UNCLAIMED PROPERTY 2. RESOLUTION NO. 12558 - RESOLUTION CALLING FOR A PUBLIC HEARING ON THE GRANTING OF A BUSINESS SUBSIDY 3. RESOLUTION NO. 12559 -RESOLUTION CERTIFYING ASSESSMENTS 4. RESOLUTION NO. 12560 - RESOLUTION TRANSFERRING $306,000 FROM LIQUOR FUND TO CITY COUNCIL MINUTES - NOVEMBER 23, 2004 GENERAL FUND 5. RESOLUTION NO. 12561- RESOLUTION TRANSFERRING $69,000 FROMW ATER, SEWER & REFUSE FUND TO GENERAL FUND 6. RESOLUTION NO. 12562 - RESOLUTION TRANSFERRING FUNDS FROM THE GENERAL FUND, ECONOMIC LOAN, ENERGY LOAN, TO HUTCHINSON COMMUNITY DEVELOPMENT COMMISSION (ED A) FUND 7. RESOLUTION NO. 12563 - RESOLUTION TRANSFERRING FROM WASTEWATER DEPARTMENT AND 2004 IMPROVEMENT CONSTRUCTION FUND TO GENERAL FUND FOR ENGINEERING AND ADMINISTRATION FEES 8. RESOLUTION NO. 12564 - RESOLUTION FOR PURCHASE 9. RESOLUTION NO. 12565 - RESOLUTION DESIGNATING DEPOSITORY OF CITY FUNDS IN COMMERCIAL BANKS AND INSTITUTIONS 10. ORDINANCE NO. 04- 0388 -AN ORDINANCE GRANTING FRANCHISE TO RAYMOND AND LUCILLE KRUEGER AT 166 - 10TH AVENUE TO INSTALL AND MAINTAIN A FENCE LOCATED IN CITY RIGHT -OF - WAY (SECOND READING AND ADOPTION) 11. ORDINANCE NO. 04-0391 - AN ORDINANCE GRANTING FRANCHISE TO INDEPENDENT SCHOOL DISTRICT 423 FOR ACCESS TO A DRIVEWAY AT PARK ELEMENTARY SCHOOL (SECOND READING AND ADOPTION) 12. ORDINANCE NO. 04-0392-AN ORDINANCE REVISING SECTION 91.41 REGULATING THE SALE OF SURPLUS PROPERTY V ALUEDUNDER$100 (SECOND READING AND ADOPTION) (c) PLANNING COMMISSION ITEMS 1. RECONSIDERATION OF 27 LOT PRELIMINARY AND FINAL PLAT TO BE KNOWN AS BRIDGEWATER ESTATES THIRD ADDITION SUBMITTED BY GPS DICKINSENPARTNERS, LLP WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (ADOPT RESOLUTION NO. 12549) 2. CONSIDERATION OF VACATION OF EASEMENTS AND LOT SPLIT SUBMITTED BY MARTY BERG AND MIKE MCGRAW WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (ADOPT RESOLUTION NO. 12550 AND WAIVE FIRST READING AND SET SECOND READING AND ADOPTION OF ORDINANCE NO. 04-395 FOR DECEMBER 14, 2004) 3. CONSIDERATION OF REQUEST TO REZONE PROPERTY FROM C4 TO C2 AND CONDITIONAL USE PERMIT TO OPERATE A USED CAR BUSINESS LOCATED AT 1130 HWY 7 EAST SUBMITTED BY RON HOLTZ AND BRENT CHRISTENSEN WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (ADOPT RESOLUTION NO. 12551 AND WAIVE FIRST READING AND SET SECOND READING AND ADOPTION FOR DECEMBER 14, 2004) 4. CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY RICARDO MORENO, APPLICANT, TO CHANGE USE IN THE IIC DISTRICT FROM RADIATORREP AIR TO CABINET SHOP LOCATED AT 745 HWY 7 WEST WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (ADOPT RESOLUTION NO. 12552) 5. CONSIDERATION OF LOT SPLITS LOCATED AT 540 AND 550 HILLTOP DRIVE NE SUBMITTED BY JAY PETTIT WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (ADOPT RESOLUTION NOS. 12553 & 12554) 6. CONSIDERATION OF LOT SPLITS LOCATED AT 220 AND 255 OTTAWA AVENUE SE 2 CITY COUNCIL MINUTES - NOVEMBER 23, 2004 SUBMITTED BY PAUL BETKER WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (ADOPT RESOLUTION NOS. 12555 & 12556) (d) CONSIDERATION FOR APPROVAL OF PLAZA 15 ROOF REPAIR AS REQUESTED BY HUTCHINSON AREA HEALTH CARE (e) CONSIDERATION FORAPPROV AL OF CONSULTING AGREEMENTS WITHBRAUNINTERTEC AND SEH ENGINEERING (t) CONSIDERATION FOR APPRO V AL OF CHANGE ORDER NO. 1 & 2 ON LETTING NO.6, PROJECT NO. 04-07 (ECHO DRIVE SE & ECHO CIRCLE SE) (g) CONSIDERATION FOR APPROVAL OF CHANGE ORDER NO.1 ON LETTING NO. 11, PROJECT NO. 04-13 (12TH AVENUE NW) (h) CONSIDERATION FOR APPROVAL OF ACTIVATION OF DEFERRED ASSESSMENT SA-5059C Item 5(b)2 and 5( c) 1 were pulled for further action. Gary Plotz mentioned that the supporting material related to Item 5(b)11 was revised (printing errors in packet). In addition, Mr. Plotz mentioned that Item 5( d) now has a supporting memo that was distributed this evening. Motion by Stotts, second by Peterson, to approve consent agenda with the exceptions of Items 5(b)2 and 5(c)1. John Rodeberg explained that the change order under Item 5(t) included the removal of at least a dozen trees for $2400.00. Motion carried unanimously. Item 5(b )2. Miles Seppelt, EDA Director, presented before the Council. Mr. Seppelt explained that a loan is being issued to Mark Schierman for a downtown building improvement. The action of a public hearing is required by state statute since the loan amount is over $75,000. Motion by Haugen, second by Stotts, to set a public hearing for December 15, 2004, regarding granting a business subsidy. Motion carried unanimously. Item 5( c) 1. Council Member Arndt asked about new streets and the turn lanes presented in this plat. Mr. Arndt feels that there are hazardous conditions in this area. John Rodeberg explained that this development is off of a county road and the county engineer has requested some revisions made to entrances. Discussion was held specifically regarding Honey Tree Road and the fact that it may be closed off in the future. Motion by Arndt, second by Haugen, to approve this item with continuing discussion to be held with the County regarding access at Willow Drive. Item 5( d). Gary Plotz mentioned that the memo provided by Hutchinson Area Health Care was not available at the time of the printing of the packet, but they have now submitted a memo requesting the approval of a roof replacement at the hospital-owned Plaza 15 building. Motion by Stotts, second by Peterson, to approve the roof replacement at Plaza 15. Motion carried unanimously. 6. PUBLIC HEARINGS - 6:00 P.M. - NONE 7. COMMUNICATIONS, REQUESTS AND PETITIONS (a) UPDATE ON WATER PLANT UPGRADE (SCOTT YOUNG - EARTH TECH) Scott Young, Earth Tech, presented before the Council. Mr. Young explained to the Council that a design report of the water plant has been completed and a full presentation on the project will be given at the first Council meeting in January. Mr. Young also explained that a neighborhood meeting has been scheduled has been scheduled for November 30, 2004, at 5:30 p.m. and a public hearing will be held at the January Planning Commission meeting. (b) UPDATE ON CITY OF HUTCHINSON'S SESQUICENTENNIAL CELEBRATION (MARC VAILLANCOURT) Marc Vaillancourt, Sesquicentennial Committee Chair, presented before the Council. Mr. Vaillancourt 3 CITY COUNCIL MINUTES - NOVEMBER 23, 2004 informed the Council that the committee has raised a little over $35,000 for the celebration, with the primary fundraiser being a banner program. The first event is scheduled for Jan. 28 & 29, 2005. This event will be a historical showcase at the Event Center. The kickoff celebration will be held Jan. 28, 2005. Other major events will be held in July and November. Mr. Vaillancourt thanked Mayor Torgerson personally for his support in allowing him the opportunity to head up this celebration. (c) DISCUSSION OF CORRESPONDENCE RECEIVED FROM JOHN MILLER REGARDING MILLER'S WOODS Dolf Moon, PRCE Director and Mark Schnobrich, City Forestor, presented before the Council. Mr. Schnobrich explained that this property was donated to the City in 1973 as a nature park with the intention of it becoming an Oak Savannah. John Miller, donator, has concerns on how this park has been maintained. Mayor Torgerson noted that he lives on the south end of the park and has seen improvements made within the last year. Mayor Torgerson also noted that in conversations with Mr. Miller, Mr. Miller is mainly concerned with people using the park as a "dumping grounds", leaving property, yard clippings and miscellaneous items in the park. DolfMoon also informed the Council that Mark Schnobrich had sent a letter to the neighborhood informing them of the rules and regulations related to the park. DolfMoon would like to sit down with Mr. Miller and identify the issues he has and develop a work plan on how to accomplish improvements to the park. 8. UNFINISHED BUSINESS 9. NEW BUSINESS (a) CONSIDERATION FOR APPROVAL OF PROPOSED POLICY 3.32 - MANDATORY DIRECT DEPOSIT Brenda Ewing, Director of Human Resources, presented before the Council. Ms. Ewing explained that direct deposit has been available to employees for many years. During the last legislative session, the legislature approved mandating direct deposit for employees. By implementing mandatory direct deposit, it will save the City money and have more security for employees. Moti on by Stotts, second by Arndt, to approve Poli cy 3.32 - Mandatory Direct Deposi t, effective December 1,2004. Motion carried unanimously. (b) REVIEW OF CITY OF HUTCHISON FIVE-YEAR CAPITAL PLAN Ken Merrill, Finance Director, presented before the Council. Mr. Merrill stated that over $70 million worth of proj ects is planned over the next five years. Department directors presented their Capital Improvement Plans to the Council. These areas included the airport, central garage, city center, civic arena, event center, infrastructure, library, parks, police, public works, recreation center, technology, wastewater and water. The directors explained that since this is a five-year plan, it is somewhat fluid as to what projects occur in which year, typically based on needs and financial parameters. (c) CONSIDERATION FOR APPROVAL OF CITY CENTER SECURITY SYSTEM UPGRADE Ken Merrill, Finance Director, presented before the Council. Mr. Merrill explained that the security system at the City Center is no longer supported by the current company and needs to be replaced. Therefore, Mr. Merrill is requesting that VTI be obtained for the upgrade in the amount of $7350.00. Motion by Stotts, second by Peterson, to approve purchase of City Center security system upgrade. Motion carried unanimously. (d) CONSIDERATION OF RESETTING JOINT MEETING WITH HUTCHINSON UTILITIES COMMISSION FROM DECEMBER 9, 2004, TO DECEMBER 20, 2004 Gary Plotz noted that a joint meeting with the HUC Commissioners had been set for December 9, 2004, however that date conflicted for some utility commissioners. It is being requested that this j oint meeting be 4 CITY COUNCIL MINUTES - NOVEMBER 23, 2004 reset to December 20,2004, at 4: 15 p.m. Motion by Peterson, second by Arndt, to reset joint meeting with Hutchinson Utilities Commission from December 9,2004, to December 20,2004, at 4: 15 p.m. at the Event Center. Motion carried unanimously. ( e) CONSIDERATION OF SETTING INFORMATIONAL MEETING FOR DECEMBER 14, 2004, AT 4: 15 P.M. Motion by Peterson, second by Haugen, to set informational meeting for December 14, 2004, at 4: 15 p.m. Motion carried unanimously. (t) CONSIDERATION OF SETTING 2005 ORGANIZATIONAL MEETING FOR JANUARY 3,2005 Motion by Arndt, second by Haugen, to set 2005 organizational meeting for January 3, 2005, at 4: 15 p.m. Motion carried unanimously. 10. MISCELLANEOUS (a) COMMUNICATIONS 11. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS Motion by Arndt, 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 7:05 p.m. 5