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05-28-2002 CCM MINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL MAY 28, 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 Ken Merrill, Finance Director, Marc Sebora City Attorney and John Rodeberg, Director of Engineering/Public Works. 2. INVOCATION - Rev. Randy Freund, of Faith Lutheran Church, delivered the invocation. 3. MINUTES (a) REGULAR MEETING OF MAY 14,2002 (b) BID OPENING MINUTES FROM MAY 20, 2002 ( c) BID OPENING MINUTES FROM MAY 22, 2002 (d) BOARD OF EQUALIZATION MINUTES FROM MAY 9, 2002 Minutes were approved as presented 4. CONSENT AGENDA (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. AIRPORT COMMISSION MINUTES FROM APRIL 8, 2002 2. PIONEERLAND LIBRARY SYSTEM BOARD MINUTES FROM MARCH 21, 2002 3. PIONEERLAND LIBRARY SYSTEM FINANCIAL REPORT FOR MARCH 2002 4. HUTCHINSON AREA HEAL TH CARE BOARD MINUTES FROM APRIL 16,2002 5. CITY OF HUTCHINSON FINANCIAL REPORT FOR APRIL 2002 6. CITY OF HUTCHINSON INVESTMENT REPORT FOR APRIL 2002 7. HUTCHINSON PUBLIC LIBRARY BOARD MINUTES FROM APRIL 22, 2002 (b) RESOLUTIONS AND ORDINANCES 1. ORDINANCE NO. 02-308 - AN ORDINANCE AMENDING HUTCHINSON CITY ORDINANCE SECTION 10.47 TO INCLUDE PROVISIONS FOR THE LICENSING OF EXCAVATORS (SECOND READING AND ADOPTION) 2. RESOLUTION NO. 11950 - RESOLUTION FOR PURCHASE OF COMPOST BAGS 3. RESOLUTION NO. 11941- RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT [ASSESSMENT ROLL NOS. 5055 & 5056 - LETTING NO. 3/PROJECT NO. 02-04 (FAIR AVENUE SE), 02-05 (OAKLAND AVENUE SE) & 02-06 (JUUL ROAD SW)] 4. RESOLUTION NO. 11942 - RESOLUTION FOR HEARING ON PROPOSED ASSEMENT [ASSESSMENT ROLL NOS. 5055 & 5056 - LETTING NO. 3/PROJECT NO. 02-04 (F AIR AVENUE SE), 02-05 (OAKLAND AVENUE SE) & 02-06 (JUUL ROAD SW)] CITY COUNCIL MINUTES - MAY 28, 2002 (c) PLANNING COMMISSION ITEMS 1. CONSIDERATION OF TABLED CONDITIONAL USE PERMIT REQUESTED BY KEVIN COMPTON TO CONSTRUCT 3 TWINHOMES ON PROPERTY IN HELLAND'S 7TH ADDITION. ALSO, CONSIDERATION OF A PRELIMINARY PLAT TO BE KNOWN AS COLORADO RIDGE LOCATED ON COLORADO STREET AND EIGHTH AVENUE WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (ADOPT RESOLUTION NO. 11945) 2. CONSIDERATION OF A PRELIMINARY PLAT TO BE KNOWN AS 1ST ADDITION TO RA VENWOOD LOCATED SOUTH OF CENTURY AVENUE AND WEST OF THE FAIRGROUNDS AND CONSIDERATION TO REZONE PROPERTY TO BE PLATTED 1ST ADDITION TO RA VENWOOD FROM R-3 TO PDD AS REQUESTED BY BRUCE NAUSTDAL, ALSO CONSIDERATION OF A CONDITIONAL USE PERMIT TO AMEND THE PDD LOCATED IN THE PROPERTY TO BE PLATTED 1ST ADDITION TO RAVENWOOD WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (ADOPT RESOLUTION NO. 11947) 3. CONSIDERATION OF A VARIANCE TO CONSTRUCT A PORCH 12.7' FROM PROPERTY LINE AS REQUESTED BY JEFF HAMILTON ON MILWAUKEE AVENUE WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (ADOPT RESOLUTION NO. 11948) (d) CONSIDERATION FOR APPROVAL OF SHORT-TERM GAMBLING LICENSE FOR 3M CLUB AT 3M CLUB BUILDING ON JUNE 15,2002 (e) APPOINTMENT OF JACK SANDBERG TO PIONEERLAND LIBRARY SYSTEM BOARD (f) APPOINTMENT OF MEMBER TO PLANNING COMMISSION Item 4(f) was tabled until the June 11 th Council meeting. Item 4(b)4 was pulled for further discussion. John Rodeberg explained that Resolution No. 11942 is to call a hearing for the proposed assessment as opposed to adopting the assessment as the agenda item states. Motion by Mlinar, second by Haugen to set assessment hearing for June 11, 2002. Motion carried unanimously. Motion by Peterson, second by Mlinar, to approve consent agenda, with the exception of Item (f) and with the change to Item 4(b )4, calling for hearing on proposed assessment. Motion carried unanimously. Duane Hoversten requested that Item (f) be tabled until more names can be added for consideration. Motion by Peterson, second by Hoversten, to table Item (f) until June 11,2002. Motion carried unanimously. 5. PUBLIC HEARING- 6:00 P.M. (a) FRANCHISE AGREEMENT WITH COFFEE COMPANY TO UTILIZE PUBLIC RIGHT OF WAY FOR THE PURPOSES OF A SIDEWALK CAFE Julie Wi schnack noted that the Coffee Company had signed a one-year contract last year with the City for this same franchise. This franchise for consideration is for a three-year contract. Motion by Mlinar, second by Haugen to close the public hearing. Motion carried 2 CITY COUNCIL MINUTES - MAY 28, 2002 unanimously. Motion by Mlinar, second by Haugen to approve the franchise agreement with the Coffee Company. Motion carried unanimously. (b) ASSESSMENT ROLL NO. 5054 - LETTING NO.4 & 5/PROJECT NO. 02-11 (OAK STREET NE), 02-12 (9TH AVENUE NE), 02-13 (CIVIC ARENA ACCESS), & 02-14 (MISe. STREET/SIDEWALK MAINTENANCE) (ADOPTING ASSESSMENT AND ACCEPTING BID AND AWARDING CONTRACT) John Rodeberg noted for the Council that the bids came in lower than expected for these projects. Mr. Rodeberg stated that actual costs have been mailed out to the residents effected with the actual amounts that they will be assessed. Various payment options are available for residents as well. John Rodeberg reviewed the projected costs, as to the amount that the City pays and what the residents pay. Mr. Rodeberg estimated that the projects will be starting in approximately three weeks. Glen Novotny, Hector resident, stated that he attended this public hearing on behalf of a relative that lives on Oak Street. Mr. Novotny asked if this is a new construction or is it routine maintenance. Mr. Rodeberg explained that this is a complete reconstruction project. Motion by Mlinar, second by Peterson to close the public hearing. John Rodeberg further explained that there is a deferred assessment program for the elderly and disabled, if they meet the income guidelines. Motion carried unanimously. Motion by Mlinar, second by Peterson to approve Letting No.4 & 5. John Rodeberg explained that the Projects 02-13 and 02-14 are covered financially 100% by the City. Motion carried unanimously. 6. COMMUNICATIONS. REQUESTS AND PETITIONS (a) PRESENTATION BY PHIL GRAVES ON PROPOSED BUILDING PROGRAM FOR HUTCHINSON AREA HEALTH CARE Bob Peterson, Hutchinson Area Health Care Board Chair, along with Phil Graves, CEO Hutchinson Area Health Care (HAHC), presented before the Council on the long-range plan for a building program for HAHe. Phil Graves distributed a letter written to the Council outlining the master site plan for HAHC, which entails remodeling and adding on to the current facility. The proposed project costs lie within the range of $11 - 12 million dollars. Phil Graves presented on the layout that is presented for the revised site. Phil Graves outlined all of the projects that will be entailed with the master site plan. Phil Graves proposed that he return at the June 11, 2002, meeting to answer any questiOns the Council may have from this presentation. Mr. Graves further explained various financing options to fund this project. These options include general obligation bonds, general revenue or insurance revenue bonds. Mr. Graves went on to state that at this time, the project will proceed due to the plan ofthe Hospital to house five surgeons in the near future. Fundraising (i.e. private donations) will also be considered to help fund the project. John Mlinar commented that this is an exciting plan and there is an obvious need for expansion due to the large growth of the area. 7. UNFINISHED BUSINESS (a) SUMMARY OF CLOSED MEETING PROCEEDINGS FOR CITY ADMINISTRATAOR PERFORMANCE APPRAISAL Mayor Torgerson read the summary ofthe City Administrator's performance appraisal. The summary noted that Mr. Plotz's strengths and weaknesses were discussed, along with the 3 CITY COUNCIL MINUTES - MAY 28, 2002 goals set for the following year. A 3.5% pay increase was recommended. Motion by Hoversten, second by Haugen to approve the 3.5% pay increase for Gary Plotz, City Administrator. Motion carried unanimously. 8. NEW BUSINESS (a) CONSIDERATION FOR APPROVAL OF NAVIGATIONAL AIDS SERVICE ROAD AND T AXIW A Y IMPROVEMENTS John Rodeberg stated that a contract needs to be considered with TKDA as the consultant to this capital improvement project. This is a step that needs to be acquired before the project can move to the next step. This is part of the annual safety improvements that are made to the airport each year. A new access road will be constructed, along with widening of aprons and parking lot improvements. Motion by Mlinar, second by Peterson, to approve advertisement for bids and entering into contract with TKDA. Motion carried unammously. (b) CONSIDERATION OF SETTING BUDGET WORKSHOP FOR JUNE 11,2002, AT 4:00 P.M. Ken Merrill noted that this is the start of the process for the 2003 year. Motion by Mlinar, second by Hoversten, to set budget workshop for June 11,2002, at 4:00 p.m.. Motion carried unanimously. ( c) CONSIDERATION FOR APPROVAL OF ESTABLISHING LOCA TIpN OF TRAFFIC CONTROL DEVICES (4-WAY STOP AT ADAMS STREET AND 5T AVENUE SE) John Rodeberg noted that that this is the ideal location along AdaJPs Street due to the new 3M entrance and the reconstruction work that has been done on 5 Avenue. There is great difficulty in crossing Adams Street due to increased traffic in the area. "Temporary signs" and "warning signs" will be installed prior to the permanent signs being placed. John Mlinar questioned the feasibility of placing a four-way stop at 2nd Avenue and Adams Street. John Rodeberg noted that there are not enough warrants or specific criteria that is met for this location, rather that there is not enough traffic to deem a four-way stop. Duane Hoversten questioned the difference between stoplights vs. the four-way stop. John Rodeberg noted that stoplights may be considered in the future, but new warrant criteria would need to be met. Mayor Torgerson questioned whether or not left-turn signals could be installed at School Road and Hwy 7 West. John Rodeberg stated he would research the possibility with MnDOT. ~otion by Haugen, second by Mlinar to approve traffic control devices at Adams Street and 5 Avenue SE. Mayor Torgerson noted whether or not there was ample room along Adams Street for turning lanes. John Rodeberg stated that there is room, but different scenarios will need to be considered when this becomes an option. Motion carried unanimously (d) CONSIDERATION OF A CONDITIONAL USE PERMIT TO REPLACE A WOODEN FENCE WITH A 6 FOOT VINYL FENCE IN THE FRONT YARD AS REQUESTED BY STEVEN SENART, 986 THOMAS AVENUE SW WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION - 4 TO 2 VOTE (ADOPT RESOLUTION NO. 11946) Issues with this application is that the fence may obstruct the view of Lake Street when backing out ofthe driveway on Thomas Avenue. Mayor Torgerson noted that he had driven to the applicant's residence and tested the view ofthe fence and he did not see any increased 4 CITY COUNCIL MINUTES - MAY 28, 2002 viewing problems due to the construction of the fence. Julie Wischnack, Director of Planning/Zoning/Building, presented before the Council. Ms. Wischnack explained that the Planning Commission's proposal is to have the fence angled to create more viewing area of Lake Street. John Rodeberg stated that a fence is already on the property and he and the Police Chief are comfortable with the location of the fence currently, but would prefer to have the fence angled, as originally proposed. Motion by Mlinar, second by Haugen, to approve Resolution No. 11946. Motion carried unanimously. Steve Senart, 986 Thomas Avenue, distributed a picture showing that there is ample viewing room with the fence moving back 8 inches. (e) CONSIDERATION OF A VARIANCE TO REDUCE SIDE YARD SETBACK FROM 6' T02' FOR CONSTRUCTION OF A20' X30' DETACHED GARAGE WITH AN 8' X 18' ATTACHED SCREEN PORCH AS REQUESTED BY SHERRY BETHKE LOCATED AT 325 ADAMS STREET SE WITH UNFAVORABLE RECOMMENDATIONS (ADOPT RESOLUTION NO. 11949) Julie Wischnack explained to the Council that the proposal was to construct a detached garage approximately 4.5' from the property line. Both staff and Planning Commission felt that there were other options on the property to construct the garage rather than obtaining this variance. Motion by Mlinar, second by Haugen, to deny the variance application and adopt Resolutio No. 11949. Motion carried unanimously. (f) DISCUSSION OF FENCED ISSUE AT 215 ECHO CIRCLE SE Julie Wischnack updated the Council on this fence issue between the City of Hutchinson and Richard Schmidtbauer. Ms. Wi schnack delivered the Council background information as to the sequence of events and as to how City staff became aware of the fence on cemetery property and the status of the situation to date. In summary, Mr. Schmidtbauer's private fence is placed two feet onto City cemetery property. John Rodeberg noted that other businesses have placed requests to encroach on city property, which all have been denied. City staff would like to handle this as originally intended with no private fences on city property. General discussion was held on the location of the garage, utility boxes and the fence. Mayor Torgerson noted that there are two options: 1. Take the fence down; 2. Move the fence onto Mr. Schmidtbauer's property. Motion by Peterson, second by Hoversten, to have the fence moved off of city property and provide city staff assistance to come up with alternative entrances from the back of the garage. Motion carried unanimously. (g) CONSIDERATION OF ORDINANCE NO. 02-316 - AN ORDINANCE CREATING SECTION 10.051 RELATING TO FIREWORKS PERMITTED WITHIN THE CITY LIMITS AND CONSIDERATION OF ORDINANCE NO. 02-317 - AN ORDINANCE AMENDING HUTCHINSON CITY ORDINANCE 10.05 SUBD. 4 AND SUBD. 6 (SET SECOND READING AND ADOPTION FOR JUNE 11, 2002) Mayor Torgerson noted that this is precipitated by the State Legislature enacting a law allowing fireworks within the State of Minnesota. Brad Emans, Fire Chief, noted that this law went into effect immediately as opposed to August 1 as other laws do. Mr. Emans further noted that fireworks have not been allowed in Minnesota for approximately 60 years. Therefore, an ordinance has been drafted to address 5 CITY COUNCIL MINUTES - MAY 28, 2002 this law. Mr. Emans explained that the items included in the law include sparklers, snakes, etc., or, in other words, items that do not propel or explode which are rather minor items at this point. However, it is the consensus that the lobbyists will be back next year to have the more volatile items included. Duane Hoversten asked where the numbers were derived from in Subd. 3 (c) which indicate the amount of pounds that are allowed. Brad Emans explained that various Fire Chiefs conspired to come up with this number so that there is uniformity amongst various cities. Mr. Hoversten and Fire Chief Emans agreed that this amount of allowable pounds may be low and could prohibit a retailer from bemg able to transport them. Mr. Emans explained that this section is not intended to prohibit, but to keep residents safe. Motion by Mlmar, second by Peterson, to approve the first reading and set second reading and adoption for June 11, 2002. Duane Hoversten requested that retailers contact the city if there are any issues with the poundage restrictions. Motion carried unanimously. 9. MISCELLANEOUS (a) COMMUNICATIONS John Mlinar - Mr. Mlinar commented that he has received an overwhelmingly amount of positive responses regarding the Event Center. Kay Peterson - Ms. Peterson commented that the number in attendance at the Memorial Park dedication was amazing - approximately 1500 in attendance. John Rodeberg - Mr. Rodeberg explained that John Olson has been working with the school district and presenting information on storm water andJJreventing storm water pollution and will be facilitating an environmental project with a 7 grade class. John Olson presented before the Council on the specifics of the project. This is an exciting opportunity to teach kids about stormwater and to complete the requirements of phase II of the environmental educational requirements. John Rodeberg noted that various pollutants are drained into catch basins and he commended Mark Schnobrich and John Olson on the work they have done on this educational project. Also, an advertisement for bid was distributed to the Council members for Creekside Soils Blending Line. A proposal for bids is being requested to obtain this piece of equipment. John Rodeberg noted that private interest has been shown to the City for the use of this type of equipment. Motion by Hoversten, second by Peterson to approve advertisement for bids for Creekside Soils Blending Line. Motion carried unanimously. Marlin Torgerson - Mayor Torgerson noted that he has received comments regarding parking on Lewis Avenue, specifically near the School Road comer. He requested the Engineering Dept. to review this area. Marc Sebora - Mr. Sebora thanked Julie Wischnack, Steve Madson, Brad Emans and Barry Grieve for the assistance they provided in drafting the fireworks ordinance. 10. CLAIMS. APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS A Motion by Peterson, second by Haugen, to approve and authorize payment of V erified Claims A from appropriate funds. Motion carried unanimously. 11. ADJOURN With no further business to discuss, the meeting adjourned at 7:00 p.m. 6