11-22-1994 CCMMINUTES
REGULAR MEETING - HUTCHINSON CITY COUNCIL
TUESDAY, NOVEMBER 22, 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. Also present: City Administrator Gary D. Plotz,
City Engineer John Rodeberg, Building Official Jim Marka,
and City Attorney G. Barry Anderson.
2. In the absence of a pastor, there was no invocation.
PRESENTATION: The City Council was presented with a large plaque
by The Ambassadors and representatives of 15 community
organizations which contributed toward the cost of the four
"Welcome to Hutchinson" gateway signs.
3. MINUTES
The minutes of the regular meeting of November 7, 1994 and
special meetings on November 1, 1994 were approved as
distributed.
4. CONSENT AGENDA
(a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS
1. FINANCIAL REPORT - OCTOBER 1994
CITY INVESTMENTS REPORT
2. PLANNING COMMISSION MINUTES OF OCTOBER 18, 1994
3. AIRPORT COMMISSION MINUTES OF OCTOBER 31, 1994
4. HUTCHINSON HOUSING AND REDEVELOPMENT AUTHORITY
MINUTES OF OCTOBER 18, 1994
5. HUTCHINSON HOUSING, INC. MINUTES OF OCTOBER 18, 1994
6. LIBRARY BOARD MINUTES OF OCTOBER 24, 1994
(b) RESOLUTIONS AND ORDINANCES
1. RESOLUTION NO. 10338 - RESOLUTION FOR PURCHASE
2. RESOLUTION NO. 10339 - RESOLUTION TRANSFERRING FUNDS
FROM 1980 TAX INCREMENT DEBT SERVICE FUND TO 1985,
1990 AND 1992 TAX INCREMENT DEBT SERVICE FUNDS
CITY COUNCIL MINUTES - NOVEMBER 22, 1994
3. RESOLUTION NO. 10343 - RESOLUTION AMENDING RESOLUTION
NO. 10335, LETTING NO. 5, PROJECT NO. 95-05
4. RESOLUTION NO. 10344 - RESOLUTION AMENDING RESOLUTION
NO. 10337, LETTING NO. 7, PROJECT NO. 95-07, 95-08,
95-09
5. RESOLUTION NO. 10345 - TRANSFERRING $65,000 FROM
LIQUOR FUND TO GENERAL FUND
(c) SNOW REMOVAL PERMIT FOR RORY C. KARG AND RANDY BLAKE
(d) DELINQUENT WATER AND SEWER ACCOUNTS
(e) CHANGE ORDER NO. 3, LETTING NO. 12, PROJECT NO. 94-28 AND
LETTING NO. 3, PROJECT NO. 94-03; CHANGE ORDER NO. 1,
LETTING NO. 5, PROJECT NO. 94-05 AND LETTING NO. 8,
PROJECT NO. 94-09
(f) ELIMINATION OF TABLE AND CHAIR RENTALS EFFECTIVE IN 1995
(g) CONDITIONAL USE PERMIT REQUESTED BY MCLEOD COUNTY
TREATMENT CENTER/BETHANY BAPTIST CHURCH TO CHANGE USE
FROM CHURCH TO SHELTER HOME IN R-2 DISTRICT WITH
UNFAVORABLE RECOMMENDATION OF PLANNING COMMISSION
(h) AMENDMENT TO ZONING ORDINANCE NO. 464, SECTION 10.08,
REGARDING ANTENNAS AND TOWERS WITH FAVORABLE
RECOMMENDATION OF STAFF RECOMMENDATIONS BY PLANNING
COMMISSION (FIRST READING OF ORDINANCE NO. 94-125 AND
SET SECOND READING FOR DECEMBER 13, 1994)
(i) ANNEXATION OF 8.50 ACRES IN LYNN TOWNSHIP REQUESTED BY
ROBERT COWGER WITH FAVORABLE RECOMMENDATION OF STAFF
RECOMMENDATIONS BY PLANNING COMMISSION (FIRST READING OF
ORDINANCE NO. 94-126 AND SET SECOND READING FOR DECEMBER
13, 1994)
(j) CONDITIONAL USE PERMIT TO MOVE 1972 MOBILE HOME ONTO LOT
IN MCDONALDIS TRAILER COURT WITH FAVORABLE RECOMMENDATION
OF STAFF RECOMMENDATIONS BY PLANNING COMMISSION (ADOPT
RESOLUTION NO. 10340)
(k) CONDITIONAL USE PERMIT REQUESTED BY CINDY BEADELL TO SELL
CHRISTMAS TREES IN R-2 DISTRICT LOCATED AT 540 GLEN
STREET WITH FAVORABLE RECOMMENDATION OF STAFF
RECOMMENDATIONS BY PLANNING COMMISSION (ADOPT RESOLUTION
NO. 10341)
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CITY COUNCIL MINUTES - NOVEMBER 22, 1994
(1) CONDITIONAL USE PERMIT REQUESTED BY DOUG RETTKE TO MOVE
BUILDING FOR WAREHOUSE TO I/C DISTRICT LOCATED AT 184
FOURTH AVENUE NW WITH FAVORABLE RECOMMENDATION OF STAFF
RECOMMENDATIONS BY PLANNING COMMISSION (ADOPT RESOLUTION
NO. 10342)
(m) REZONING PROPERTY ON HWY. 7 EAST FROM R-1 TO C-4
REQUESTED BY ROBERT BARWICK FOR CONSTRUCTION OF MOTEL
WITH FAVORABLE RECOMMENDATION OF STAFF RECOMMENDATIONS BY
PLANNING COMMISSION (FIRST READING OF ORDINANCE NO.
94-127 AND SET SECOND READING FOR DECEMBER 13, 1994)
(n) APPLICATION FOR CHRISTMAS TREE SALES PERMIT FROM CINDY
BEADELL
The motion to approve the consent agenda, except for item
4-(g), was made by Council Member Erickson, seconded by
Council Member Peterson and unanimously carried.
Building Official Jim Marka presented background
information on item 4-(g). During discussion, several
property owners in the residential neighborhood of
Bethany Baptist Church spoke against the proposed use of
the building.
The motion to uphold the Planning Commission's
recommendation to deny the proposed use was made by
Council Member Craig, seconded by Council Member
Mlinar and unanimously carried.
5. PUBLIC HEARING
None
6. COMMUNICATIONS, REQUESTS AND PETITIONS
None
7. RESOLUTIONS AND ORDINANCES
(a) SEE CONSENT AGENDA
8. UNFINISHED BUSINESS
(a) CONSIDERATION OF PURCHASING PROPERTY ADJACENT TO COMPOST
SITE AND "H.A.T.S." FACILITY (DEFERRED NOVEMBER 7, 1994)
Following discussion, the motion to defer was made by
Council Member Mlinar, seconded by Council Member
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CITY COUNCIL MINUTES - NOVEMBER 22, 1994
Peterson and unanimously carried.
9. NEW BUSINESS
(a) CONSIDERATION OF ENTERING INTO LEASE AGREEMENT WITH
MCNELLY GROUP FOR DEMONSTRATION COMPOSTING PROJECT
City Attorney Anderson reported on a few changes in the
contract with Jim McNelly. Following discussion, Council
Member Erickson moved to approve and enter into a
contract with the recommendation of changes by the legal
counsel. Motion seconded by Council Member Peterson and
unanimously carried.
(b) CONSIDERATION OF ESTABLISHING DATE FOR SPECIAL MEETING
FOR REVIEW OF 1995 BUDGET
Following discussion, Council Member Erickson moved to
set a meeting for reviewing the 1995 budget for December
6 following the Truth In Taxation hearing. Motion
seconded by Council Member Peterson and unanimously
carried.
(c) CONSIDERATION OF ESTABLISHING PUBLIC HEARING DATE
CONCERNING LOCAL ADMISSIONS POLICY FOR PARK TOWERS
The motion to set a public hearing for December 13, 1994
at 8:00 P.M. was made by Council Member Erickson,
seconded by Council Member Peterson and unanimously
carried.
(d) CONSIDERATION OF PARKS/RECREATION/COMMUNITY EDUCATION
ADVISORY BOARD RECOMMENDATION TO INITIATE 1.5% CAPITAL
OUTLAY ACCOUNT IN 1995 PARKS/RECREATION BUDGET
Following a presentation by Director Dolf Moon and
Advisory Board Member Robert Hantge, the City Council
decided to take the capital outlay account under
consideration with other 1995 budgeting items for the
Parks and Recreation Department.
(e) CONSIDERATION OF PURCHASE OF PHARMACY AUTOMATED
MEDICATION SYSTEM FOR HUTCHINSON COMMUNITY HOSPITAL
Following discussion, the motion to approve the purchase
was made by Council Member Mlinar, seconded by Council
Member Erickson and unanimously carried.
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CITY COUNCIL MINUTES - NOVEMBER 22, 1994
10. MISCELLANEOUS
(a) COMMUNICATIONS FROM CITY ADMINISTRATOR
Administrator Plotz commented on the liquor store reports
and measurement system. Mr. Plotz also noted the three
customer service workshops already held and the two
forthcoming sessions. He stated the Steering Committee
will present a report to the City Council on the planning
process and other specifics.
(b) COMMUNICATIONS FROM CITY ATTORNEY
Attorney Anderson reported there were changes in the
Augusta Building Corporation development agreement.
Following discussion, the motion was made by Council
Member Mlinar to defer action to the December 6, 1994,
special City Council meeting. Motion seconded by Council
Member Peterson and unanimously carried.
The City Attorney addressed the issue of the cable
Telecommunications Commission meeting and the discussion
of the cable franchise renewal. He expressed the
commission's frustration that they received little
cooperation in negotiating the franchise renewal.
Attorney Anderson stated there would be a meeting next
week with the consultant attorney. He commented that the
existing contract with Midwest Cablevision was extended
for six months to December 1, 1994, and recommended an
extension to January 15, 1995.
Following discussion, the motion to extend the cable
franchise to January 15, 1995 and to waive reading and
adopt Resolution No. 10350 was made by Council Member
Erickson. The motion was seconded by Council Member
Peterson and unanimously carried.
(c) COMMUNICATIONS FROM CITY ENGINEER
Engineer Rodeberg reported that the two properties
located at 1020 Hwy. 22 South (B & G Cartage & Warehouse)
and 1020 Hwy. 7 West (Steve Wadsworth) were connected to
the City sanitary sewer system by petition of the owners.
He stated the adoption of Assessment Roll No. 299 would
cover the improvement assessments of $5,000.00 each.
Following discussion, the motion to approve and waive the
hearing, to adopt Assessment Roll No. 299, and to waive
readings and adopt Resolutions No. 10346, No. 10347 and
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CITY COUNCIL MINUTES - NOVEMBER 22, 1994
No. 10348 was made by Council Member Craig, seconded by
Council Member Erickson and unanimously carried.
The City Engineer invited the Council members to attend
a H. A. T.S. Committee meeting at noon on December 7 in the
City Center. He commented that the architect will
present the plans and cost for the H.A.T.S. facility.
It was reported that there was a hydraulic fluid spill at
the Otter Lake crossing which sprayed the fluid onto
several houses. The contractor failed to immediately
notify the City and other agencies of the accident, but
the City is working with various agencies to correct the
situation.
The City Engineer requested approval of the Hutchinson
Mall's parkland dedication payment of $1,000.00 and
dedication of a drainage easement for Augusta Homes.
The motion to approve the parkland dedication payment and
drainage easement for Augusta Homes was made by Council
Member Peterson, seconded by Council Member Erickson and
unanimously carried.
(d) COMMUNICATIONS FROM COUNCIL MEMBER JOHN MLINAR
Council Member Mlinar commented on the Elks' celebration
of its 25th anniversary. The motion to adopt Resolution
of Appreciation No. 10349 for the Elks' continued
contribution to the community was made by Council Member
Mlinar, seconded by Council Member Erickson and
unanimously carried.
(e) COMMUNICATIONS FROM COUNCIL MEMBER BILL CRAIG
Council Member Craig mentioned the time spent on the
Bethany Baptist Church issue and pointed out that the
public process does work. The outcome was to protect the
rights of residential neighborhoods. Councilman Craig
commended everyone involved on their professional
behavior throughout the meetings and public hearings.
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
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CITY COUNCIL MINUTES - NOVEMBER 22, 1994
Peterson, seconded by Council Member Mlinar and
unanimously carried.
12. ADJOURNMENT
There being no further business, the meeting adjourned at 8:50
P.M.
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