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04-14-2002 CCM MINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL MAY 14,2002 1. CALL TO ORDER - 5:30 P.M. Mayor Marlm Torgerson called the meeting to order. Council Members present were John Mlinar, Jim Haugen, Kay Peterson and Duane Hoversten. Also present were Gary Plotz, City Administrator, Marc Sebora, City Attorney and John Rodeberg, Director of Engineering/Public Works. 2. INVOCATION - Rev. Christine Olson, Faith Lutheran Church, delivered the invocation. 3. MINUTES (a) REGULAR MEETING OF APRIL 23, 2002 (b) BID OPENING MINUTES FROM MAY 3, 2002 ( c) BID OPENING MINUTES FROM MAY 6, 2002 Minutes were approved as presented 4. CONSENT AGENDA (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. FIRE DEPARTMENT MONTHLY REPORT FOR APRIL 2002 2. HUTCHINSON PUBLIC LIBRARY BOARD MINUTES FROM MARCH 25,2002 3. HUTCHINSON PLANNING COMMISSION MINUTES FROM MARCH 19,2002 4. PARKS, RECREATION AND COMMUNITY EDUCATION MEETING MINUTES FROM APRIL 4, 2002 5. BUILDING DEPARTMENT MONTHLY REPORT FOR APRIL 2002 (b) RESOLUTIONS AND ORDINANCES 1. ORDINANCE NO. 02-312- AN ORDINANCE EXTENDING THE CORPORATE LIMITS OF THE CITY OF HUTCHINSON TO INCLUDE CERTAIN LAND (30.1 ACRES) OWNED BY THE CITY OF HUTCHINSON AND ABUTTING THE CITY OF HUTCHINSON PURSUANT TO MINNESOTA STATUTES 414.033, SUBDIVISION 2(1) (SECOND READING AND ADOPTION) 2. RESOLUTION NO. 11932-RESOLUTIONTO SELL AT AUCTION UNCLAIMED & SURPLUS PROPERTY 3. RESOLUTION NO. 11936 - RESOLUTION AMENDING RESOLUTION NO. 9593 THE CITY OF HUTCHINSON EMPLOYEE HANDBOOK - PERSONNEL POLICY SECTION 22 4. RESOLUTION NO. 11937 - RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR LETTING NO.2, PROJECT NO. 02-03 (STREET LIGHT IMPROVEMENTS) 5. RESOLUTION NO. 11938 - RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR ASSESSMENT RgLL NO. 5054, LETTING NO.4 & 5, PROJECT NO. 02-11 (OAK ST NE), 02-12 (9 H AVENUE NE), 02-13 (CIVIC ARENA ACCESS) AND 02-14 (MISC STREET/SIDEWALK MAINTENANCE) CITY COUNCIL MINUTES - MAY 14, 2002 6. RESOLUTION NO. 11939 - RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT ROLL NO. 5054, LETTING NO.4 & 5 7. RESOLUTION NO. 11940 - RESOLUTION FOR PURCHASE OF ASPHALT COMPACTOR/ROLLER AND CRACK SEALANT INSTALLATION (c) CONSIDERATION FOR APPROVAL OF DANCE PERMIT FOR JAKE BANDEMEIER FOR POLKA FEST ON JUNE 5 - 7,2002, AT MCLEOD COUNTY FAIRGROUNDS (d) CONSIDERATION FOR APPROVAL OF ON-SALE NON-INTOXICATING MALT LIQUOR LICENSE FOR MEADOWLINKS GOLF CLUB ( e) CONSIDERATION FOR APPROVAL OF SHORT-TERM GAMBLING LICENSE FOR HUTCHINSON FIRE RELIEF ASSOCIATION AT HUTCHINSON FIRE STATION ON SEPTEMBER 14, 2002 (f) CONSIDERATION FOR APPROVAL OF PEDDLER'S LICENSE FOR GERALD JOHNSON TO SELL NOVELTIES AT JAYCEE WATER CARNIVAL PARADE ON JUNE 16, 2002 (g) CONSIDERATION FOR APPROVALS AND PERMITS FOR THE 60TH ANNUAL HUTCHINSON JAYCEE WATER CARNIVAL FOR JUNE 10 - 16, 2002 (h) CONSIDERATION FOR APPROVAL OF CITY OF HUTCHINSON VISION STATEMENT (i) CONSIDERATION FOR APPROVAL OF TEMPORARY LIQUOR LICENSE FOR ELKS LODGE FROM JUNE 27 - 30, 2002 (j) CONSIDERATION FOR APPROVAL OF TEMPORARY LIQUOR LICENSE FOR VFW POST 906 FROM JUNE 6 - 8, 2002 (k) CONSIDERATION FOR SHORT-TERM GAMBLING LICENSE FOR CROW RIVER HABITAT ON AUGUST 20, 2002, AT MCLEOD COUNTY FAIRGROUNDS (I) CONSIDERATION FOR AWARDING BID TO MAGNEY CONSTRUCTION FOR FIRE TOWER TRAINING CENTER Item (1) was pulled for separate discussion. Motion by Peterson, second by Mlinar, to approve consent agenda with the exception ofItem (I). Motion carried unanimously. John Rodeberg, Director of Engineering /Public Works, explained that this training tower will be placed adjacent to the environmental landfill. This award should be approved contingent on the completion of the environmental review and a "Notice to Proceed" from the City of Hutchinson. Motion by Mlinar, second by Haugen, to approve Item (1) contingent upon a completion of an environmental review of the site. Motion carried unanimously. 5. PUBLIC HEARING- 6:00 P.M. (a) VACATION OF A PORTION OF WASHINGTON AVENUE EAST OF THE SOUTH FORK OF THE CROW RIVER John Rodeberg, explained that this is an unusual situation in that in the early 1900sthis piece ofland was onginally vacated and became part of the railroad right-of-way. The ordinance that is proposed is to affirm the vacation that is, and has been, railroad right-of-way. 2 CITY COUNCIL MINUTES - MAY 14, 2002 The State of Minnesota had land in this area for a fish hatchery. The portion of land that needs to have documentation of a vacation is the portion ofthe trail northeast of Arch Street which runs adjacent to Washington Avenue, just east of the "Bass Pond" area. Harlow Karg, 75 Arch Street, questioned whether or not the City would have built a bridge to go across the river. Mr. Rodeberg explained that the State purchased this area for a fish hatchery approximately 100 years ago. Mr. Karg explained that the State had proposed paying him for his property in this area. The City owns 20 feet of the railroad right-of-way. Again, this is reaffirming a previous vacation. The Attorney General's office is requesting this in order to make payment to the City for this area. Harlow Karg asked whether or not the trail was placed on right-of-way. Mr. Rodeberg explained that the trail is on the 20 feet that the City owns of the railroad right-of-way. Motion by Haugen, second by Hoversten, to close the Public Hearing. Motion by Peterson, second by Haugen, to approve the reaffirmation of the vacation of the portion of Washington Avenue. Motion carned unanimously. 6. COMMUNICATIONS. REQUESTS AND PETITIONS 7. UNFINISHED BUSINESS (a) CONSIDERATION OF ORDINANCE NO. 02-308 - AN ORDINANCE AMENDING HUTCHINSON CITY ORDINANCE SECTION 10.47 TO INCLUDE PROVISIONS FOR THE LICENSING OF EXCA V A TORS (SET SECOND READING AND ADOPTION FOR MAY 28, 2002) Gary Plotz, explained that additional language was added to this ordinance that was recommended at the last Council meeting. The recommended language has been incorporated to this ordinance as requested. Motion by Hoversten, second by Peterson, to set second reading and adoption for May 28, 2002. Motion carried unanimously. 8. NEW BUSINESS (b) CONSIDERATION OF SETTING DATE FOR JOINT MEETING WITH CHARTER COMMISSION Mayor Torgerson read a letter submitted by the Chair of the Charter Commission, Mr. Chuck Carlson. The Charter Commission is complete with its review of the City Charter and has made revisions as they have deemed necessary. The Charter Commission also has held a Public Hearing to receive comments from the public to the proposed Charter. The proposed Charter has also been reviewed by Legal Counsel for the League of Minnesota Cities. The Charter Commission is requesting to meet with the Council to proceed in the approval process. Motion by Mlinar, second by Haugen, to set ajoint meeting with the Charter Commission for June 4, 2002, at 5:00 p.m. Motion carried unanimously. (b) CONSIDERATION FOR APPROV AL OF ACQUISITION OF BERNHAGEN PROPERTY John Rodeberg, Director of Engineering/Public Works, explained that the City has been searching for a site for storm water pondmg. This area, which is south of North High Drive and west of Bluff Street, fits well for a ponding area, as well as a recreation area for a softball complex. The price this piece ofland has been offered is under the appraised price. 3 CITY COUNCIL MINUTES - MAY 14, 2002 Funding for this project would come out of the storm water utility fund and the park dedication fund. John Mlinar questioned DolfMoon, Director of Parks, Recreation & Community Education, whether or not there are ample funds in the park dedication fund. Mr. Moon affirmed that needed funds are available. John Mlinar noted that additional recreation facilities are in demand. Motion by Mlinar, second by Haugen, to approve the acquisition ofthe Bernhagen property. Motion carried unanimously. (c) CONSIDERATION OF SETTING SPECIAL MEETING TO DISCUSS THE STATUS OF FL YERS/HI TOPS LIQUOR LICENSE Marc Sebora, Hutchinson City Attorney, explained that an employee at Flyers had not allowed a police officer to enter the premises, which violates city ordinances. Therefore, the Council needs to meet discuss the status of the restaurant's liquor license. Motion by Peterson, second by Hoversten, to set a special meeting for June 4, 2002, at 4:00 p.m. Council members Haugen and Peterson will be present. Motion carried unanimously. (d) CONSIDERATION OF HUTCHINSON POLICE SERVICES ENTERING INTO AGREEMENT WITH HUTCHINSON AREA HEAL TH CARE TO PROVIDE HOSPITAL SECURITY Duane Hoversten noted that this is a beneficial joint venture between Hutchinson Police Services and Hutchinson Area Health Care. Motion by Mlinar, second by Peterson, to approve the agreement to provide security services at Hutchinson Area Health Care. Motion carried unanimously. (e) CITY ADMINISTRATOR PERFORMANCE REVIEW - CLOSED SESSION 9. MISCELLANEOUS (a) COMMUNICATIONS John Mlinar - Mr. Mlinar commented that the Event Center is a beautiful complex. Duane Hoversten - Mr. Hoversten invited the public to the Open House at the Event Center on Saturday. He also commended DolfMoon and John Rodeberg, as well as the Bernhagen family for working together to acquire this land for the City for future development. Gary Plotz - Mr. Plotz gave an update on the topics covered at the Team Leadership Meeting earlier that day. They were as follows: update on Event Center - events happening this Friday and Saturday with the public welcome at both events; benchmarking project for City staff; update on tax abatement policy; update on Fairgrounds status - joint meetmg between City Council and McLeod County Commissioners on the management of the McLeod County Fairgrounds; discussion on recycling reimbursement for the City; water billing issues; discussion of a private fence that has been installed on City cemetery property; update on the Bernhagen land acquisition proposal; discussion ofMilfer's Woods entrance; discussion ofthe break-in at the Recreation Center last week; joint advertising for enterprise funds; discussion was held on the policy change in the personnel handbook. John Rodeberg - Mr. Rodeberg explained that the area near Menards has been disturbed by an area contractor and is causing drainage issues. Water is approximately seven feet higher than it should be due to the disturbance. The intersection is closed until the water is dropped. Marlin Torgerson - Mayor Torgerson noted that he has received several comments from the general public on the outstanding job done on the Event Center, especially the work of Do If 4 CITY COUNCIL MINUTES - MAY 14, 2002 Moon. Also, the Mayor, Gary Plotz, Sara Griswold and Randy DeVries attended a Minnesota Environmental Institute banquet for the Compost Facility as one ofthree finalists for an environmental award. In addition, the City will be applying for another City Achievement Award. 10. CLAIMS. APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS A Motion by Haugen, second by Mlinar, with Hoversten abstaining, to approve and authorize payment of Verified Claims A from appropriate funds. Motion carried unanimously. (b) VERIFIED CLAIMS B Motion by Hoversten, second by Peterson, to approve and authorize payment of Verified Claims B from appropriate funds. Motion carried unanimously. Sheldon Swenson, Waste Management, presented before the Council. Mr. Swenson requested ofthe Council any comments that they have received regarding the refuse hauling performed by Waste Management. Mr. Plotz explained that a Public Hearing will be scheduled in June to discuss these issues. Motion by Peterson, second by Mlinar, to set a Public Hearing with Waste Management for June 11,2002. 11. ADJOURN With no further business to discuss, a motion was made by Haugen, second by Mlinar, to close the regular meeting at 6:35 p.m. to conduct the performance appraisal of City Administrator Gary Plotz. Mr. Plotz stated that he had no opposition to the meeting being closed. Motion carried unanimously. The regular meeting reconvened at 7:50 p.m. The Council briefly reviewed the composition and administration of the City's compensation plan. The regular meeting adjourned at 8:00 p.m. 5