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01-28-2003 CCM MINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, JANUARY 28, 2003 1. CALL TO ORDER - 5:30 P.M. Mayor Marlm Torgerson called the meeting to order. Members present were Bill Arndt, Jim Haugen and Duane Hoversten. Member absent was Kay Peterson. Others present were Gary Plotz, City Administrator, Marc Sebora, City Attorney and John Rodeberg, Director of Engineering/Public Works. 2. INVOCATION - Due to the absence of Father Bill Sprigler, St. Anastasia Catholic Church, the mvocatlOn was dispensed. 3. PLEDGE OF ALLEGIANCE 4. MINUTES (a) REGULAR MEETING OF JANUARY 14,2002 The members in attendance were corrected to include Bill Arndt and remove John Mlinar. Minutes were approved as presented with the above-stated correction. 5. CONSENT AGENDA (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. PIONEERLAND LIBRARY SYSTEM FINANCIAL REPORT FOR NOVEMBER 2002 2. HUTCHINSON HOUSING & REDEVELOPMENT AUTHORITY MEETING MINUTES FROM OCTOBER 15,2002 3. HUTCHINSON HOUSING & REDEVELOPMENT AUTHORITY MEETING MINUTES FROM DECEMBER 17,2002 4. HUTCHINSON HOUSING, INC. ANNUAL BOARD MEETING MINUTES FROM JANUARY 15,2003 5. PLANNING COMMISSION MINUTES FROM DECEMBER 17,2002 6. HUTCHINSON AREA HEAL TH CARE BOARD MINUTES FROM DECEMBER 17, 2002 7. CITY OF HUTCHINSON FINANCIAL REPORT FOR DECEMBER 2002 8. CITY OF HUTCHINSON INVESTMENT REPORT FOR DECEMBER 2002 (b) RESOLUTIONS AND ORDINANCES (c) PLANNING COMMISSION ITEMS 1. CONSIDERATION FOR APPROVAL OF A CONDITIONAL USE PERMIT AND VACATION OF EASEMENTS REQUESTED BY HANTGE FUNERAL CHAPEL AND CREMATORY FOR CONSTRUCTION OF ADDITION AND EXPANSION OF PARKING LOT LOCATED IN THE C4 DISTRICT AT 899 HIGHWAY 15 SOUTH WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (ADOPT RESOLUTION NO. 12109 AND SET SECOND READING AND CITY COUNCIL MINUTES - JANUARY 28, 2003 ADOPTION OF ORDINANCE NO. FOR FEBRUARY 11,2003) 2. CONSIDERATION FOR APPROVAL OF CONDITIONAL USE PERMIT REQUESTED BY DAN HUEBERT TO OPERATE A CONSTRUCTION OFFICE IN THE C5 DISTRICT LOCATED AT 225 - 3RD AVENUE NW WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (ADOPT RESOLUTION NO. 12110) (d) CONSIDERATION OF CHANGE ORDER NO.4, LETTING NO.1, PROJECT NO. 02- 02 (e) CONSIDERATION FOR APPROVAL OF HUTCHINSON AREA HEALTH CARE PURCHASING CHEMISTRY ANALYZER (t) CONSIDERATION FOR APPROVAL OF POLICY WAIVING FEES AT HUTCHINSON EVENT CENTER Item 5(a)7, 5(c)1 and 5(t) were pulled for further consideration. Motion by Hoversten, second by Arndt, to approve consent agenda with the exception of Items 5(a)7, 5(c)1 and 5(t). Motion carried unanimously. Item 5(a)7 was pulled for further discussion. Ken Merrill, Finance Director, explained that these numbers on the financial report are preliminary and there may be necessary adjustments. Mr. Merrill explained the reasons for the preliminary numbers, conveying that much of the reasoning is due to the homestead credit that applies this year. Motion by Hoversten, second by Haugen, to approve the City of Hutchinson financial report for December 2002. Motion carried unanimously. Item 5( c) 1 was pulled for further discussion. Council Member Haugen will be abstaining from voting on this item. Motion by Arndt, second by Hoversten, with Haugen abstaining, for the approval of the conditional use permit for Hantge Funeral Chapel. Motion carried unanimously. Item 5(t). DolfMoon, Director of Parks /Recreation/Community Education, presented before the Council. This item relates to the Event Center waiving fees for certam governmental departments and entities. After conducting research on this topic, staff decided to draft a policy waiving fees for City of Hutchinson departments and organizations, but that all other non-profit entities would not be allowed to have a fee waiver. Motion by Hoversten, second by Arndt, to approve the waiving of fees policy for the Event Center. Motion carried unanimously. 6. PUBLIC HEARINGS - 6:00 P.M. (a) CONSIDERATION FOR APPROV AL OF ORDINANCE NO. 03-332 - AN ORDINANCE GRANTING FRANCHISE TO CITIZENS BANK FOR THE USE OF PUBLIC RIGHTS OF WAY (WAIVE FIRST READING AND SET SECOND READING AND ADOPTION FOR FEBRUARY 11, 2003) Bonnie Baumetz, Planning Coordinator, presented before the Council. Ms. Baumetz explained that Citizens Bank is requesting to place a canopy and vestibule on the public right-of-way which requires a franchise agreement, which is adopted by ordinance. Ms. 2 CITY COUNCIL MINUTES - JANUARY 28, 2003 Baumetz further explained the plans and drawings for the canopy. Mayor Torgerson asked whether or not there will be enough space to walk straight through on the sidewalk and not have to walk around the vestibule. The architect for Citizens Bank spoke regarding the path for pedestrian traffic. The architect did state that pedestrian traffic would still be in a flowing pattern, however they would have to walk around the vestibule to a certain degree. Duane Hoversten asked if the canopy posts could be moved out further to allow a more direct route along the sidewalk and not have to make a point to walk around the vestibule doors. The architect stated that that would be attainable. Marc Sebora, City Attorney, stated that City Charter allows a maximum of 20 years on a franchise agreement. The agreement could be renewed after 20 years, dependent on the Council's pleasure at that time. Mr. Sebora also noted that if any road construction needed to be conducted, the vestibule could possibly have to be taken down because it does lie in the public right-of-way. John Rodeberg, City Engineer, stated that he would look into the idea of moving the canopy out two feet as related to any maintenance issues. Buzz Burich, President of Citizens Bank, stated that the reasoning for this design is to accommodate the handicapped patrons. Marc Sebora suggested putting the number of years for the franchise agreement into this motion and to consider charging Citizens Bank a fee for the use of the right-of-way. Duane Hoversten suggested charging Citizens Bank the same amount that the restaurants are charged for the franchise agreements for outside cafes. Motion by Arndt, second by Hoversten, to approve the first reading and set second reading and adoption of Ordinance No. 03-332 for February 11,2003. Motion carried unanimously. (b) CONSIDERATION FOR APPROVAL OF DALE STREET AND 2ND AVENUE SW IMPROVEMENTS (LETTING NO.1, PROJECT NO. 03-01), ORDERING IMPROVEMENT AND PREPARATION OF PLANS John Rodeberg, Director of Engineering/Public Works, presented before the Council. Mr. Rodeberg explained that staff had met previously with neighborhood residents regarding this project. Mr. Rodeberg explained how street improvement projects are selected and the point system used to determine what level of improvements need to be made. Mr. Rodeberg explained the drivers or the reasons for the need of implementing this improvement project, which include deterioration, frequent service repairs, old sewer and water lines and a substandard storm sewer. Mr. Rodeberg continued to give an overview of the management of the pavement, storm sewer, water works and sanitary sewer systems. Mr. Rodeberg explained the proposed improvements as part of this project would be to reconstruct all utility and street improvements and would include phasing the construction to match school hours and provide emergency access. The cost of the proj ect will be in the area of $3.2 million. The trunk sewer & water fund, federal aid, state aid and city bonding would cover the majority of the project with approximately $580,000 assessed to the residents. Mr. Rodeberg went on to cover the costs the City pays for and the estimated assessments to the residents which will range from approximately $5600 - $8100 dependent on the size of the lot. Mr. Rodeberg continued to review the process used if the project is approved and the payment options available to residents. Mayor Torgerson read a letter from Joe and Cheryl Dooley who were unable to attend the 3 CITY COUNCIL MINUTES - JANUARY 28, 2003 hearing. The Dooleys had no opposition to the project. Elroy Dobratz, 603 2nd Avenue SW, presented before the Council. Mr. Dobratz expressed that he and his wife are in favor of the project. Mr. Dobratz also commented that no one likes to spend money on these items, but the services provided are necessary. Mr. Dobratz commented that approximately 12 years ago this project was proposed and rejected with the costs being half of what they are now. Ryan Heining, 500 2nd Avenue SW, presented before the Council. Mr. Heine expressed that he has safety concerns in this area and he requested that these concerns be addressed. Mr. Rodeberg responded by saying that there are some improvements being proposed near the elementary school which include safety enhancements. T om Schwarze, 140 Grove Street, presented before ~he Council. Mr. Schwarze commented on the left turn lane being proposed at Grove and 2n Avenue. Mr. Schwarze requested that this not be included in Jhe project. Mr. Schwarze requested that a four-way stop be placed at the intersection of 2n Avenue and Lynn Road. Mayor Torgerson requested that these concerns be addressed. John Rodeberg stated that the consultants on the project have recommended the left-turn lane and he would belrivy to their recommendatlOn. Mr. Schwarze requested that his sidewalk not be replace , as he doesn't feel that it is necessary. John Rodeberg explained that it is more cost effective to replace the whole sidewalk versus patching pieces of the current sidewalk. Mr. Schwarze asked what will happen if the state aid is not supplied for this project. John Rodeberg explained that if the monies from the State would happen to fall through, the costs would not be applied to assessments. Bill Arndt stated that he agrees with Mr. Schwarze regarding the danger ofthe left-hand turn lane at the intersection of Grove Street and Dale Street. John Rodeberg suggested that Dale Street may need to be narrowed at this intersection to dissuade drivers from passing turning vehicles and buses on the right hand side. Lee Moore, 440 Dale Street, presented before the Council. Mr. Moore voiced that he would like to have the road narrowed at the corner of Grove and Dale as opposed to a left-hand turn lane. Mr. Moore also requested that this project not be conducted at this time due to the state budget deficit and the poor economy. Mark McCaleb, resident at corner ofPishney and 2nd Avenue, presented before the Council. Mr. McCaleb voiced concerns about where the funding sources are. He wants to be able to have a guarantee that federal and state aid will be provided. Mr. McCaleb voiced concerns about damaging trees along this project. John Rodeberg stated that the mortality rate oftrees after these types of projects are generally low. Mr. McCaleb requested concrete information proving that the improvements need to be done. Duane Hoversten commented that he has seen videotapes of this area and this system does need replacement. John Rodeberg explained that Quentin Larsen would be able to provide Mr. McCaleb, or any other residents, videotapes and reports showing the test results of the systems on the project. Mr. McCaleb also commented that this past summer, even with all of the hard rainfalls, his sewer system was able to take all of the water down with no problems. Mr. McCaleb also raised concerns that these residents would have to pay a higher rate because it is a "showcase" street. Duane Hoversten clarified that Mr. Rodeberg had mentioned that no additional costs would be added to this project, but that the residents would be assessed just like it is any other street. A resident at 805 2nd Avenue SW, presented before the Council. This resident expressed that he is in favor of the project. This resident voiced that his conceT relates to the safety of the children. He also questioned whether or not the curve at 2n Avenue and Dale will be widened. Mr. Rodeberg explained that it will be slightly wider. 4 CITY COUNCIL MINUTES - JANUARY 28, 2003 Dennis, 647 2nd Avenue, presented before the Council. Dennis voiced that he is all for the project but again commented on the safety of the children. Sharon Rolander, 410 2nd Avenue, presented before the Council. Ms. Rola1i}der also requested that a four-way stop be placed at the intersection ofLynn Road and 2n Avenue SW and she requested that the safety of the children be a priority. Ms. Rolander stated that she has learned that old gas tanks might be on her property and what might happen if a contractor might dig into them. John Rodeberg stated that he would research the issue. Linda Miller, 635 2nd Avenue, presented before the CcPuncil. Ms. Miller also requested a four-way stop at the intersection ofLynn Road and 2n Avenue. Tom Schwarze requested again that the left-hand turn lane at the corner of Grove Street and 2nd Avenue be taken out of the design plan. Andrea Walling, 642 2nd Avenue, presented before the Council. Ms. Walling questioned if there is any way to project what the costs may be in the future if the project should be rejected this year. Mr. Rodeberg stated that that is hard to predict, but it may be financial unacceptable risk to take. Duane Hoversten commented that he felt that the costs of a sewer backup are incomparable to street improvement costs. Motion by Arndt, second by Hoversten, to close public hearing. Motion carried unanimously. Motion by Hoversten, second by Haugen, to order improvement and preparation of plans of Letting No.1, Project No. 03-01 and research the possibility of adding a four-way stop to the intersection of Lynn Road and Second Avenue and removing the left-hand turn lane at 2nd Avenue and Grove Street in the design plans. Motion carried unanimously. 7. COMMUNICATIONS. REQUESTS AND PETITIONS (a) REQUEST BY STEVE COOK TO HAVE CITY EMPLOYEE(S) VIDEOTAPE LEADERSHIP MEETINGS AND WORKSHOPS FOR PUBLIC VIEWING Steve Cook presented before the Council. Mr. Cook expressed that he feels it's the City's duty to provide this type of service, versus the Hutchinson Leader hiring someone to videotape these meetings. Mr. Cook requested that the City have a city employee video record Leadership Meetmgs and Council workshops. If it's not possible for a City employee to perform these functions, Mr. Cook suggested that the City contract with the Hutchinson Leader to pay for the employee video recording the meetings. He felt by doing this, the City would project how willing they are to include the public in these important business meetings. Mayor Torgerson stated that he had spoken to the Publisher of the Hutchinson Leader and they are willing to provide their employee to videotape the meetings. Mayor Torgerson further stated that the importance is that the meetings get videotaped, regardless of who tapes them. Steve Cook requested that the City Council make a motion to pay for the Hutchinson Leader employee to videotape the Leadership Meetings and City Council workshops. He feels that it would be a good gesture on the part of the City to show that it's important to the Council that the public be involved in these meetings. Duane Hoversten noted that the City is not looking to add additional expenses at this time, such as paying an additional employee to videotape these meetings. Motion by Hoversten, second by Arndt, to reject this request. Motion carried unanimously. 8. UNFINISHED BUSINESS 5 CITY COUNCIL MINUTES - JANUARY 28, 2003 (a) DISCUSSION OF ENTITIES IMPACTED BY OPEN MEETING LAW RELATING TO EXPANDED INSURANCE COVERAGE Marc Sebora, City Attorney, commented that at the last meeting in December the Council had directed him to research which committees of the City are susceptible to violating the Open Meeting Law. Mr. Sebora has determined that all committees and sub-committees of the city are subject to the Open Meeting Law. Duane Hoversten commented that the Boards of the City are sometimes unaware that the Open Meeting Law applies to them and he expressed that this coverage will protect all these boards. Motion by Arndt, second by Haugen, to approve purchasing additional insurance coverage to cover board and commission members for Open Meeting Law violations. Motion carried unanimously. 9. NEW BUSINESS (a) CONSIDERATION FOR APPROVAL OF 2002 PAY EQUITY REPORT Brenda Ewing, Human Resources Director, explained that every three years the City of Hutchinson is required to submit a pay equity report to the State of Minnesota relating the number of female employees to male employees. Motion by Haugen, second by Hoversten, to approve 2002 pay equity report. Motion carried unanimously. (b) CONSIDERATION FOR APPROVAL OF RECLASSIFICATION REQUESTS Brenda Ewing, Human Resources Director, presented before the Council. Ms. Ewing explained that this request is made each year for various positions that are requested to be reviewed for reclassification. Ms. Ewing stated that the three positions under consideration for reclassification are the Administrative Secretary, Custodian/CSO, and Water System Supervisor. Motion by Haugen, second by Arndt, to approve reclassification requests. Motion carried unanimously. (c) CONSIDERATION OF SETTING DATE FOR CLOSED MEETING FOR CITY ADMINISTRATOR PERFORMANCE REVIEW Motion by Haugen, second by Hoversten, to set closed meeting for City Administrator performance review for February 11,2003, following the City Council meeting. Motion carried unanimously. (d) CONSIDERATION OF SETTING DATE FOR MEETING WITH CITY DIRECTORS TO DISCUSS DEPARTMENT ANNUAL REPORTS Gary Plotz, City Administrator, commented that the City Directors would like to set a meeting in order to cover their department annual reports. Mr. Plotz also commented that in years past a Visioning Workshop has occurred to review the past year's accomplishments and the future years goals. Generally, this meeting is scheduled for half a day. Motion by Arndt, second by Hoversten, to set meeting with City Directors to review department annual reports at a Visioning Workshop for February 25, 2003, at 9:00 a.m.. It was recommended that this meeting be video recorded. Motion carried unanimously. 6 CITY COUNCIL MINUTES - JANUARY 28, 2003 10. MISCELLANEOUS (a) COMMUNICATIONS Mayor Torgerson noted that the American Legion Post 96 had submitted an application to conduct annual off-site gambling. The Legion is hosting a raffle for a benefit for Colton Damlow on February 2, 2003, at the McLeod County Fairgrounds. Motion by Haugen, second by Arndt, to approve the Off-site gambling license for American Legion Post 96 for February 2,2003. Motion carried unanimously. Jim Haugen - Mr. Haugen commented on the lively and constructive public hearing held this evening on the Dale Street and 2nd Avenue SW. Bill Arndt - Mr. Arndt commented on some improvements on the Dale Street/2nd Avenue project. Mayor Torgerson suggested that Mr. Arndt sit down with John Rodeberg to discuss safety issues. Mr. Arndt also commented that the Fairgrounds were signed over to McLeod County and the property and facilities are now property of McLeod County. Gary Plotz - Mr. Plotz covered the items discussed at the Leadership Meeting earlier that day. Discussion was held regarding the liquor store expansion and an Elm Street improvement project. John Rodeberg - Mr. Rodeberg commented on the constructive public hearing and thanked the residents for their feedback. Mr. Rodeberg also gave an update as to the condition of Jefferson Street, which at this point, everything is looking good. Mayor Torgerson - Mayor Torgerson publicly thanked the Hutchinson Leader for televising the Leadership Team Meetings and Council Workshops. Mayor Torgerson also noted that, at the invitation of Employer Support for the Guard and Reserve, a volunteer organization, he had the opportunity to represent the City of Hutchinson at a National Guard/Reserves conference m San Diego, CA, sponsored by the Department of Defense. 11. CLAIMS. APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS A Motion by Hoversten, second by Haugen, to approve and authorize payment of V erified Claims A from appropriate funds. Motion carried unanimously. 12. ADJOURN With no further business to discuss, the meeting adjourned at 8:00 p.m. 7