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09-27-1994 CCMti MINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, SEPTEMBER 27, 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, John Mlinar, Kay Peterson, and Don Erickson. Staff present: City Administrator Gary D. Plotz, City Engineer John Rodeberg, and City Attorney G. Barry Anderson. 2. The invocation was given by the Reverend Robert Brauer. 3. MINUTES The minutes of the regular meeting of August 23, 1994 and September 13, 1994 were approved as distributed. 4. CONSENT AGENDA (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. FINANCIAL REPORT - AUGUST 1994 2. CITY INVESTMENTS REPORT 3. PLANNING COMMISSION MINUTES OF AUGUST 16, 1994 4. AIRPORT COMMISSION MINUTES OF AUGUST 29, 1994 5. PARKS, RECREATION & COMMUNITY EDUCATION ADVISORY BOARD MINUTES OF JULY 7, 1994 6. HUTCHINSON HOUSING AND REDEVELOPMENT AUTHORITY MINUTES OF AUGUST 16, 1994 7. HUTCHINSON HOUSING, INC. MINUTES OF AUGUST 16, 1994 (b) RESOLUTIONS AND ORDINANCES 1. RESOLUTION NO. 10314 - RESOLUTION SETTING INTEREST RATE FOR 1994 ADOPTED ASSESSMENT ROLLS 2. RESOLUTION NO. 10317 - RESOLUTION RELATING TO HOUSING FACILITIES REVENUE BONDS (PRINCE OF PEACE PROJECT), SERIES 1994 OF THE CITY; APPROVING FINAL TERMS THEREOF (c) DELINQUENT WATER AND SEWER ACCOUNTS CITY COUNCIL MINUTES - SEPTEMBER 27, 1994 (d) CONSIDERATION OF AMENDMENT TO ZONING ORDINANCE #464, SECTION 10.08(3), REGULATING ANTENNA/TOWER HEIGHT WITH UNFAVORABLE RECOMMENDATION OF PLANNING COMMISSION (e) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY ED HAMRE, TRY -CYCLE INC., TO MOVE RECYCLING BUSINESS INTO LENNEMAN BEVERAGE BUILDING ON MICHIGAN AVENUE, I-1 DISTRICT, WITH FAVORABLE RECOMMENDATION OF STAFF RECOMMENDATIONS BY PLANNING COMMISSION (ADOPT RESOLUTION NO. 10315) (f) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY INTEGRATED INGREDIENTS (PURE CULTURE PRODUCTS) TO CONSTRUCT A 20,000 GALLON STORAGE SILO IN FLOOD FRINGE WITH FAVORABLE RECOMMENDATION OF STAFF RECOMMENDATIONS BY PLANNING COMMISSION (ADOPT RESOLUTION NO. 10316) (g) AMENDMENT TO ZONING ORDINANCE NO. 464, SECTIONS 8.04, 8.05, 8.06 AND 10.03 REGARDING GARAGES IN RESIDENTIAL DISTRICTS WITH FAVORABLE RECOMMENDATION OF STAFF RECOMMENDATIONS BY PLANNING COMMISSION (WAIVE FIRST READING OF ORDINANCE NO. 94-120 AND SET SECOND READING FOR OCTOBER 11, 1994) (h) SKETCH PLAN IN HUTCHINSON TOWNSHIP SUBMITTED BY F.H. SCHMELING (TWO MILE RADIUS) WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION (i) VARIANCE IN HASSAN VALLEY TOWNSHIP REQUESTED BY WAYNE KARG (TWO MILE RADIUS) WITH NO RECOMMENDATION FROM PLANNING COMMISSION (j) EXTENSION OF CONDITIONAL USE PERMIT REQUESTED BY STEVE FANGMEIER FOR SUBWAY, HWY. 7 WEST, WITH FAVORABLE RECOMMENDATION OF STAFF RECOMMENDATIONS BY PLANNING COMMISSION (k) CONDITIONAL USE PERMIT IN ACOMA TOWNSHIP REQUESTED BY DELFORD PRIEVE FOR EXCAVATION OF GRAVEL (TWO MILE RADIUS) WITH NO OBJECTION FROM PLANNING COMMISSION The motion to approve the consent agenda was made by Council Member Mlinar, seconded by Council Member Erickson and unanimously carried. 5. PUBLIC HEARING - 8:00 P.M. i CITY COUNCIL MINUTES - SEPTEMBER 27, 1994 (a) AMENDMENT TO SUBDIVISION ORDINANCE NO. 466, SUBDIVISION 6 & 7 (DEDICATION OF PARKLAND FOR BIKE PATHS) Mayor Torgerson called the hearing to order at 8:00 P.M. and read the notice of public hearing. There was no one present to be heard regarding the amendment to Subdivision Ordinance No. 466. Engineer Rodeberg noted that wordage was added to Subdivision 6 and 7 to allow for the dedication of parkland for bike/pedestrian pathways. He stated it would be a long-term project. Following discussion, the motion to close the hearing at 8:20 P.M. was made by Council Member Erickson, seconded by Council Member Peterson and unanimously carried. The motion to approve the amendment and to waive first reading of Ordinance No. 94-119 and to set the second reading for October 11, 1994 was made by Council Member Peterson, seconded by Council Member Erickson and unanimously carried. (b) ISSUANCE OF INTOXICATING LIQUOR LICENSE TO ANNA LINDA SOEFFKER, DBA MAIN STREET BAR -GRILL Mayor Torgerson called the hearing to order at 8:25 P.M. and read the notice of public hearing. Police Chief Steve Madson requested to have the required investigation continued to the next City Council meeting to enable the investigator to obtain additional information on several issues. The motion to continue the hearing to October 11, 1994, was made by Council Member Erickson, seconded by Council Member Peterson and unanimously carried. (c) APPLICATION BY HUTCHINSON HOUSING & REDEVELOPMENT AUTHORITY FOR FUNDING FROM SMALL CITIES DEVELOPMENT PROGRAM Mayor Torgerson called the hearing to order at 8:43 P.M. Connie Mangan gave a presentation regarding the HRA application for funding from the Small Cities Development Program. Mayor Torgerson then read a letter from Kim and 3 It CITY COUNCIL MINUTES - SEPTEMBER 27, 1994 Jim Popp who supported the program. Following discussion, the motion to close the hearing at 9:00 P.M. was made by Council Member Mlinar, seconded by Council Member Erickson and unanimously carried. The motion to approve and to waive reading and adopt Resolution No. 10311 was made by Council Member Erickson, seconded by Council Member Mlinar and unanimously carried. 6. COMMUNICATIONS, REQUESTS AND PETITIONS (a) REVIEW OF PHASE II AIRPORT IMPROVEMENTS BY TKDA Mr. Bernie Knutson, Chair of the HCDC Transportation Team, reported on the Phase I and Phase II improvements at the Hutchinson Municipal Airport. He also showed sketches of the proposed maintenance building. Mr. Knutson stated Phase I airport improvements were federally funded on a 90/10 share cost of approximately $2 million. However, only a portion of the Phase II improvements will be federally funded, and the state funding for the project will be on a 2/3-1/3 share. No action was taken. 7. RESOLUTIONS AND ORDINANCES (a) SEE CONSENT AGENDA 8. UNFINISHED BUSINESS None 9. NEW BUSINESS (a) CONSIDERATION OF APPLICATION FOR "ON SALE" NON - INTOXICATING MALT LIQUOR LICENSE FOR RUSS CARTER JR., DBA J'S PIZZA Police Chief Steve Madson requested a delay of approving the application for a malt liquor license to allow additional time for the investigation. Following discussion, the motion to continue to the next City Council meeting was made by Council Member Mlinar, seconded by Council Member Peterson and unanimously carried. W r CITY COUNCIL MINUTES - SEPTEMBER 27, 1994 (b) CONSIDERATION OF AMENDING AGREEMENT BETWEEN SKY'S THE LIMIT AND CITY OF HUTCHINSON AND AMENDING "THRU THE FENCE" AGREEMENT WITH SKY'S THE LIMIT Engineer Rodeberg reported two sentences were added to page two of the Airport "Thru The Fence" Agreement with Sky's the Limit. Following discussion, the motion to approve the amendment to the agreement was made by Council Member Erickson, seconded by Council Member Mlinar and unanimously carried. Attorney Anderson noted that because of a change in the insurance market, a legal defense policy providing $25,000.00 in coverage is no longer available to parachuting operations. Therefore, Mr. Eakins has requested paragraph 9(a) which makes reference to this liability issue be deleted from the agreement between Skydive Hutchinson and the City. Following discussion, the motion to approve the amendment to the agreement with Tim Eakins to delete the legal defense policy was made by Council Member Peterson, seconded by Council Member Erickson and unanimously carried. (c) DISCUSSION OF CRIPPS PROPERTY ISSUES BY BARRY ANDERSON Following a background review of the situation, the motion to defer was made by Council Member Peterson, seconded by Council Member Mlinar and unanimously carried. (d) CONSIDERATION OF AWARDING SALE OF 1994 GENERAL OBLIGATION IMPROVEMENT BONDS Following discussion, the motion to approve awarding the sale to Harris Trust and to waive reading and adopt Resolution No. 10312 was made by Council Member Erickson, seconded by Council Member Mlinar and unanimously carried. (e) CONSIDERATION OF EXTENDING CURRENT TRASH RECYCLING CONTRACT WITH AAGARD WEST Administrator Plotz reported the Refuse Contract Committee recommended: (1) to lower the performance bond 5 CITY COUNCIL MINUTES - SEPTEMBER 27, 1994 requirement from $100,000.00 to $10,000.00, effective October 1994, and (2) to extend the current recycling contract with Aagard West to December 31, 1998, according to the COLA increases already built into the contract. Following discussion, the motion to approve both recommendations was made by Council Member Mlinar, seconded by Council Member Peterson and unanimously carried. (f) CONSIDERATION OF ONCE A WEEK RESIDENTIAL (SINGLE FAMILY) CURBSIDE PICKUP OF RECYCLABLES BY AAGARD WEST The City Administrator stated the Refuse Contract Committee recommended implementation of once a week residential (single-family) curbside pickup of recyclables for an additional cost of 27 cents per month/unit. Mr. Plotz noted that since Try -Cycle collects cardboard, the City could save money by not collecting it also. Following discussion, the motion to approve once a week residential recycling was made by Council Member Mlinar, seconded by Council Member Peterson and unanimously carried. (g) CONSIDERATION OF APPRAISAL FOR PROPERTY ON FIRST AVENUE SW OWNED BY NEIL JENSEN It was reported the appraisal on the Jensen property was $42,750.00. During discussion, Police Chief Madson noted the reasons for purchasing the property were twofold: namely, safety concerns and location for long-range planning of expanding the police department building. Two funding sources for acquisition would be the capital expenditure fund or the contingency fund. No action was taken. (h) CONSIDERATION OF PURCHASE OF CHEMISTRY ANALYZER FOR HUTCHINSON COMMUNITY HOSPITAL LABORATORY Following discussion, the motion to approve the purchase of a Kodak Ektochem chemistry analyzer at a bid cost of $60,000.00 was made by Council Member Mlinar, seconded by Council Member Peterson and unanimously carried. 2 CITY COUNCIL MINUTES - SEPTEMBER 27, 1994 (i) CONSIDERATION OF CAPITAL EXPENDITURE FOR OFFICE RELOCATION AT HUTCHINSON COMMUNITY HOSPITAL Following discussion, the motion to approve the office relocation at an estimated cost of $85,300.00 was made by Council Member Mlinar, seconded by Council Member Peterson and unanimously carried. (j) CONSIDERATION OF LEASE AGREEMENT WITH CROW RIVER ARTS, INC. Following discussion of the prepared lease, the motion to approve and enter into agreement was made by Council Member Erickson, seconded by Council Member Peterson and unanimously carried. (k) CONSIDERATION OF CANCELING 1994 IMPROVEMENT PROJECTS Following discussion, the motion to approve the canceled 1994 improvement projects and to waive reading and adopt Resolution No. 10313 was made by Council Member Peterson, seconded by Council Member Erickson and unanimously carried. (1) CONSIDERATION OF ENGINEERING SERVICES AGREEMENT WITH TKDA FOR TAXIWAY EXTENSION FOR SKYDIVE HUTCHINSON Following discussion, the motion to approve the $1,500.00 maximum fee for TKDA's professional services to design and construct a taxiway for Skydive and enter into an agreement was made by Council Member Mlinar, seconded by Council Member Peterson and unanimously carried. (m) CONSIDERATION OF APPROVING PAYMENT ESTIMATE NO. 11 FOR HUTCHINSON MUNICIPAL AIRPORT IMPROVEMENTS, LETTING NO. 10, PROJECT NO. 92-16 Following discussion, the motion to approve payment in the amount of $370,223.04 was made by Council Member Erickson, seconded by Council Member Mlinar and unanimously carried. (n) CONSIDERATION OF SUBDIVISION AGREEMENT FOR CENTURY COURT (AUGUSTA HOMES) Following discussion, the motion to approve, subject to coordination with the HRA, was made by Council Member Peterson, seconded by Council Member Erickson and 7 CITY COUNCIL MINUTES - SEPTEMBER 27, 1994 10. unanimously carried. (o) CONSIDERATION OF SUBDIVISION AGREEMENT FOR SOUTH LAKEWOOD ESTATES Following discussion, the motion to approve the subdivision agreement was made by Council Member Mlinar, seconded by Council Member Peterson and unanimously carried. MISCELLANEOUS (a) COMMUNICATIONS FROM COUNCIL MEMBER JOHN MLINAR Council Member Mlinar commented on the appearance of the Shopko parking lot and rock along the sidewalk and suggested the City use its street sweeper to clean up the area. He also inquired about the status of the Lakewood Drive situation. (b) COMMUNICATIONS FROM CITY ENGINEER Engineer Rodeberg presented four changes orders for approval, namely: Project No. 94-02, Letting No. 2, Changer Order No. 1; Project No. 94-03, Letting No. 3, Change Order No. 1; Project No. 94-03, Letting No. 3, Change Order No. 2; and Project No. 93-07, Letting No. 5, Change Order No. 6. The motion to approve the change orders was made by Council Member Erickson, seconded by Council Member Mlinar and unanimously carried. The City Engineer informed the Council that the river crossing has been started and fill will be brought in by Friday. (c) COMMUNICATIONS FROM COUNCIL MEMBER KAY PETERSON Council Member Peterson stated she had received a telephone call from a resident regarding the penalty charge on her water bill. The two water meters did not coincide on the water usage. She also thought there should be a 30 -day billing period. (d) COMMUNICATIONS FROM CITY ADMINISTRATOR Administrator Plotz updated the Council dates of October 19 for appliances and October 3, 17 and 31 for leaves and grass 0 on the pickup furniture and clippings. He a CITY COUNCIL MINUTES - SEPTEMBER 27, 1994 reported the County has dropped the subsidy on bags, and the City has changed its bag to a more substantial quality. The City Administrator informed the Council that the Jordets accepted the City's offer for purchase of the property located at 35 Franklin Street North. The property will be vacated on or before July 1, 1995. (e) COMMUNICATIONS FROM MAYOR MARLIN TORGERSON Mayor Torgerson wondered if some group or organization would be interested in assisting handicapped and elderly people with raking and pickup this fall. The Mayor stated the local Bed & Breakfast would like a license to sell imported beer and wine. At present the City has no such license available. The City Attorney was directed to review the situation. 11. CLAIMS. APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS The motion to approve the claims and authorize payment from appropriate funds was made by Council Member Mlinar, seconded by Council Member Peterson and unanimously carried. 12. ADJOURNMENT There being no further business, the meeting adjourned at 9:40 P.M. 9