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04-26-1994 CCMMINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, APRIL 26, 1994 1. The meeting was called to order at 7;30 P.M. by Mayor Torgerson. Present were: Mayor Marlin Torgerson, Council Members Bill Craig, Kay Peterson and Don Erickson. Absent: Council Member John Mlinar. Also present: City Administrator Gary D. Plotz and City Engineer John Rodeberg. 2. In the absence of a pastor, there was no invocation. 3. MINUTES The minutes of the regular meeting of April 12, 1994 and the bid opening of April 18, 1994 were approved as distributed. 4. CONSENT AGENDA (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. FINANCIAL REPORT - MARCH 1994 2. PLANNING COMMISSION MINUTES OF MARCH 15, 1994 3. HUTCHINSON HOUSING AND REDEVELOPMENT AUTHORITY MINUTES OF MARCH 15, 1994 4. HUTCHINSON HOUSING, INC. MINUTES OF MARCH 15, 1994 5. REPORT OF CITY INVESTMENTS 6. HUTCHINSON HANDICAP ADVISORY COMMITTEE MINUTES OF APRIL 14, 1994 (b) RENEWAL OF APPLICATIONS FOR RETAIL "ON SALE" NON -INTOXICATING MALT LIQUOR LICENSE (c) RENEWAL OF APPLICATIONS FOR RETAIL "OFF SALE" NON -INTOXICATING MALT LIQUOR LICENSE (d) RESOLUTIONS AND ORDINANCES 1. ORDINANCE NO. 94-108 - AN ORDINANCE TO ESTABLISH A TRESPASSING PROGRAM FOR THE CITY OF HUTCHINSON (SECOND READING AND ADOPTION) 2. RESOLUTION NO. 10197 - RESOLUTION FOR PURCHASE 3. RESOLUTION NO. 10198 - RESOLUTION FOR REIMBURSEMENT FROM WATER/SEWER FUND FOR 1993 EXPENSES J. CITY COUNCIL MINUTES - APRIL 26, 1994 (e) DELINQUENT WATER AND SEWER ACCOUNTS (f) CONSIDERATION OF APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR LETTING NO. 3, PROJECT NO. 94-03 (LAKEWOOD DRIVE) (ADOPT RESOLUTION NO. 10199) (g) CONSIDERATION OF APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR LETTING NO. 11, PROJECT NO. 94-20 - 94-23 (FAIRGROUNDS WM, FIFTH AVENUE NE, PROSPECT STREET, SIXTH AVENUE NE) (ADOPT RESOLUTION NO. 10200-10203) (h) CONSIDERATION OF CONDITIONAL USE PERMIT AND LOT SPLIT REQUESTED BY JAY FREEDLAND, HUTCHINSON IRON AND METAL, FOR RELOCATION OF SCRAP IRON YARD IN I-2 DISTRICT LOCATED ON ARCH STREET WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION TO APPROVE CONCEPT WITH STAFF RECOMMENDATIONS (ADOPT RESOLUTION NO. 10204) (i) CONSIDERATION OF VARIANCE REQUESTED BY JAY FREEDLAND, HUTCHINSON IRON AND METAL, FOR REDUCTION OF LOT DEPTH IN I-2 DISTRICT WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION TO APPROVE STAFF RECOMMENDATIONS (ADOPT RESOLUTION NO. 10205) (j) CONSIDERATION OF VARIANCE AND LOT SPLIT, LOCATED ON SHADY RIDGE ROAD, REQUESTED BY JOHN MILLER WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION TO APPROVE STAFF RECOMMENDATIONS (ADOPT RESOLUTION NO. 10206) (k) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY LARRY GAUGER TO REPLACE EXISTING DETACHED GARAGE WITH 24' x 3 0 ' ATTACHED GARAGE LOCATED AT 247 FIFTH AVENUE NW WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION TO APPROVE STAFF RECOMMENDATIONS (ADOPT RESOLUTION NO. 10207) (1) CONSIDERATION OF HUNTERS RIDGE FINAL PLAT WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION TO APPROVE STAFF RECOMMENDATIONS (ADOPT RESOLUTION NO. 10208) (m) CONSIDERATION OF EXTENSION OF CONDITIONAL USE PERMIT ON DALE STREET FOR CONSTRUCTION OF FOUR-PLEX REQUESTED BY KEVIN COMPTON WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION TO APPROVE STAFF RECOMMENDATIONS 2 CITY COUNCIL MINUTES - APRIL 26, 1994 (n) CONSIDERATION OF PETITION BY GREG MARTIN TO BEGIN ANNEXATION PROCEEDINGS OF 1.6 ACRES LOCATED ON NORTH HIGH DRIVE IN HUTCHINSON TOWNSHIP WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION TO APPROVE STAFF RECOMMENDATIONS (REFER TO MUNICIPAL BOARD AND WAIVE FIRST READING OF ORDINANCE NO. 94-110 AND SET SECOND READING FOR MAY 10, 1994) (o) CONSIDERATION OF EXTENSION OF CONDITIONAL USE PERMIT REQUESTED BY TOM LUDOWESE FOR ADDITION TO ACME CARWASH AS GRANTED OCTOBER 26, 1993, WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION TO APPROVE STAFF RECOMMENDATIONS The motion to approve the consent agenda, with the exception of items 4-(g), (h), and (i), was made by Council Member Erickson, seconded by Council Member Peterson and unanimously carried. The motion to remove item 4-(g) from the agenda was made by Council Member Peterson, seconded by Council Member Erickson and unanimously carried. During discussion of item 4- (h) , it was noted that all of the conditions mentioned in Attorney James Degiovanni's letter were the same as the staff and Planning Commission recommendations. Engineer Rodeberg stated all of the lots in the Industrial Park are non -conforming to the City's zoning ordinance. The Planning Commission determined there was undue hardship. Administrator Plotz stated the conditional use permit was approved in concept, and Jay Freedland will need a final site plan approved by the Planning Commission prior to issuance of a building permit. Following discussion, the motion to accept the recommendations of the Planning Commission in their entirety was made by Council Member Craig, seconded by Council Member Erickson and unanimously carried. Following discussion of item 4-(i), the motion that approval be contingent upon accelltance of the final site plan was made by Council Member Craig, seconded by Council Member Peterson and unanimously carried. 5. PUBLIC HEARING - 8:00 P.M. None 3 CITY COUNCIL MINUTES - APRIL 26, 1994 6. COMMUNICATIONS, REQUESTS AND PETITIONS (a) DISCUSSION BY DON TODNEM REGARDING ENFORCEMENT OF DOWNTOWN HANDICAPPED CODES This item was removed from the agenda. (b) CONSIDERATION OF REQUEST FOR JAYCEE WATER CARNIVAL PERMITS: 1. PARADE PERMIT 2. DANCE PERMIT 3. FIREWORKS PERMIT 4. PERMISSION TO CLOSE STREETS AND USE PARKS/LIBRARY SQUARE The motion to approve and issue permits and waive fees and rentals was made by Council Member Erickson, seconded by Council Member Peterson and unanimously carried. (c) CONSIDERATION OF REQUEST FOR NON -INTOXICATING MALT LIQUOR LICENSE AND SET-UP LICENSE FOR JAYCEE WATER CARNIVAL, JUNE 16-19, 1994 The motion to approve and issue licenses and waive fees was made by Council Member Erickson, seconded by Council Member Peterson and unanimously carried. 7. RESOLUTIONS AND ORDINANCES SEE CONSENT AGENDA 8. UNFINISHED BUSINESS (a) CONSIDERATION OF HCVN LOAN AGREEMENT/LEASE FOR SPACE IN CITY CENTER (DEFERRED FROM APRIL 12, 1994) Finance Director Kenneth Merrill reviewed the terms and conditions of the proposed $20,000.00 loan agreement/ lease to HCVN. The interest rate would be 6.550 over a five year period, with monthly payments to commence June 1994. Also, HCVN will reimburse the City $50 per month to cover heating, electric and air conditioning cost. Following discussion, the motion to approve the loan agreement/lease and to adopt Resolution No. 10210 was made by Council Member Peterson, seconded by Council Member Craig and unanimously carried. 21 CITY COUNCIL MINUTES - APRIL 26, 1994 (b) CONSIDERATION OF LMCIT OPEN MEETING LAW DEFENSE COST COVERAGE Following a presentation by Insurance Agent Dennis Potter and Finance Director Kenneth Merrill, the motion was made by Council Member Erickson, seconded by Council Member Peterson and unanimously carried, to reject the law defense cost coverage. 9. NEW BUSINESS (a) CONSIDERATION OF PURCHASE OF KEG COOLER FOR LIQUOR HUTCH Following discussion, the motion to approve the recommendation was made by Council Member Erickson, seconded by Council Member Peterson and unanimously carried. (b) CONSIDERATION OF SKYDIVING AGREEMENT BETWEEN THE CITY OF HUTCHINSON AND SKY'S THE LIMIT Following discussion, the motion to approve and enter into an agreement with Sky's the Limit was made by Council Member Craig, seconded by Council Member Erickson and carried three to one, with Council Members Craig, Erickson, and Torgerson voting aye and Council Member Peterson voting nay. (c) CONSIDERATION OF APPLICATION OF W D H, INC. FOR REGISTRATION OF TITLE TO LAND Following discussion, the motion to approve was made by Council Member Erickson, seconded by Council Member Peterson and unanimously carried. (d) CONSIDERATION OF SELLING CITY LOT LOCATED AT 26 FRANKLIN STREET NORTH TO RICK LENNES Following discussion, the motion to approve the sale and to waive first reading of Ordinance No. 94-109 and set second reading for May 10, 1994, was made by Council Member Erickson, seconded by Council Member Peterson and unanimously carried. (e) CONSIDERATION OF AWARDING BID FOR LETTING NO. 10, PROJECT NO. 93-22 (STRUCTURES ON SHEPPARD PROPERTY) Following discussion, the motion to approve and award the bid to Rick Lennes in the amount of $13,011.00 and to 5 ti IWA CITY COUNCIL MINUTES - APRIL 26, 1994 enter into a contract agreement was made by Council Member Erickson, seconded by Council Member Peterson and unanimously carried. (f) CONSIDERATION OF REQUEST BY HRA FOR INTERIM FINANCING TO ACQUIRE PROPERTIES IN PHASE I OF PRINCE OF PEACE PROJECT Following a report by HRA Executive Director Jean Ward, the motion to approve the interim financing was made by Council Member Craig, seconded by Council Member Erickson and unanimously carried. (g) CONSIDERATION OF DEVELOPMENT AGREEMENT REGARDING TAX INCREMENT FINANCING FOR PRINCE OF PEACE PROJECT Following discussion, the motion to defer to the next meeting was made by Council Member Peterson, seconded by Council Member Erickson and unanimously carried. (h) CONSIDERATION OF ENTERING INTO CONTRACT WITH OSM FOR BRIDGE CONSULTANT SERVICES Following a report from the City Engineer, the motion to approve entering into a contract with OSM for the Bluff Street bridge, not to exceed $45,000 without approval, was made by Council Member Peterson, seconded by Council Member Erickson and unanimously carried. (i) CONSIDERATION OF ENTERING INTO CONTRACT WITH BOLTON & MENK FOR CONSULTANT SERVICES ON LETTING NO. 6, PROJECT NO. 94-06 (OSGOOD AND HAYDEN ADDITIONS AND SURROUNDING AREAS) Following discussion, the motion to approve and enter into agreement was made by Council Member Erickson, seconded by Council Member Craig and unanimously carried. (j) CONSIDERATION OF ASSESSMENT AGREEMENT FOR BERNIE MCRAITH Following discussion, the motion to approve and enter into agreement was made by Council Member Erickson, seconded by Council Member Craig and unanimously carried. (k) REVIEW OF JOINT MAINTENANCE FACILITY GRANT AGREEMENT It was reported the City of Hutchinson would be the lead agency in the project, and the funding would come through the City. Following discussion, the motion to approve and enter into agreement was made by Council Member CITY COUNCIL MINUTES - APRIL 26, 1994 Peterson, seconded by Council Member Craig and unanimously carried. (1) CONSIDERATION OF POSTED STREET SIGN AT ENTRANCE TO HUTCHINSON TECHNOLOGY (WEST HIGHLAND PARK DRIVE NW) Following discussion, the motion to approve a posted sign "Access Road" at the entrance and to leave the address 40 West Highland Park Drive NE was made by Council Member Peterson, seconded by Council Member Erickson and unanimously carried. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM COUNCIL MEMBER BILL CRAIG Council Member Craig complimented the Building Official on his efforts to communicate with the townships to keep them informed on issues regarding annexation, etc. He also inquired about the erratic sounding of the warning sirens. (b) COMMUNICATIONS FROM COUNCIL MEMBER KAY PETERSON Council Member Peterson requested input for items to be addressed by the Safety Council. She also suggested the method used for garbage recycling pickup should be reviewed. Items blow out of the recycling containers and litter the yards. (c) COMMUNICATIONS FROM CITY ADMINISTRATOR Administrator Plotz commented on the upcoming City Center open house to be held May 7 from 10:00 A.M. to 2:00 P.M., with special events planned. It was reported there would be a spring city-wide pickup of leaves, twigs and composting grass. The advertising costs would be covered by County funding. The City Administrator noted the City had received an appraisal from Lorence and Associates on the Svanda property which is part of the Hutchinson airport project. Mr. Lorence appraised the .48 acres of land at $1,700.00. Following discussion, the motion to offer $2, 395. 00 plus access to their property from the easement was made by Council Member Craig, seconded by Council Member Erickson and unanimously carried. 7 CITY COUNCIL MINUTES - APRIL 26, 1994 The City Council was reminded of the next workshop on May 10, 1994, at which time they will review the city's budgeting process. (d) COMMUNICATIONS FROM DIRECTOR OF ENGINEERING Engineer Rodeberg mentioned the "Fins and Feds" will be in Hutchinson next week regarding the Bicycle and Pedestrian Friendly Development Project in Hutchinson. 11. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS The motion to approve the claims and authorize payment from the appropriate funds was made by Council Member Craig, seconded by Council Member Erickson and unanimously carried. 12. ADJOURNMENT There being no further business, the meeting adjourned at 8:50 P.M. E:3