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04-22-2003 CCM MINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, APRIL 22, 2003 1. CALL TO ORDER - 5:30 P.M. Mayor Marlm Torgerson called the meeting to order. Members present were Jim Haugen, Bill Arndt, Duane Hoversten and Kay Peterson. Others present were Gary Plotz, City Administrator and John Rodeberg, Director of Engineering/Public Works. 2. INVOCATION - Due to the absence of Rev. Jim Hall, Word of Life Church, the invocation was dispensed. 3. PLEDGE OF ALLEGIANCE 4. MINUTES (a) REGULAR MEETING OF APRIL 8, 2003 (b) SPECIAL MEETING OF APRIL 9, 2003 (c) BID OPENING MINUTES FROM APRIL 15,2003 The minutes were approved as presented. 5. CONSENT AGENDA (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. PARKS, RECREATION & COMMUNITY EDUCATION BOARD MINUTES FROM MARCH 3,2003 2. HUTCHINSON HOUSING & REDEVELOPMENT AUTHORITY BOARD MINUTES FROM JANUARY 21 AND MARCH 18,2003 3. HUTCHINSON AREA HEALTH CARE BOARD MINUTES FROM MARCH 18,2003 4. CITY OF HUTCHINSON FINANCIAL REPORT FOR MARCH 2003 5. CITY OF HUTCHINSON INVESTMENT REPORT FOR MARCH 2003 (b) RESOLUTIONS AND ORDINANCES 1. RESOLUTION NO. 12164 - A RESOLUTION APPROVING EXCAVATOR LICENSE FEE (c) PLANNING COMMISSION ITEMS 1. CONSIDERATION OF A PRELIMINARY PLAT TO BE KNOWN AS WENDY'S ADDITION AND CONDITIONAL USE PERMIT FOR DRIVE- THRU AREA, MINOR FLOOD PLAIN ALTERATIONS AND THE SHORELAND ALTERATIONS LOCATED AT 1190 HWY 7 WEST WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (ADOPT RESOLUTION NO. 12157 AND 12158) 2. CONSIDERATION OF A VARIANCE REQUESTED BY HUTCHINSON HOSPITAL TO REDUCE SETBACK FROM FREEMONT AVENUE FOR ADDITION TO THE HOSPITAL ICU AREA WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (ADOPT RESOLUTION NO. 12159) CITY COUNCIL MINUTES - APRIL 22, 2003 3. CONSIDERATION OF A CONDITIONAL USE PERMIT REQUESTED BY KARRIE INGEBRETSON TO REMOVE EXISTING NON-CONFORMING GARAGE AND REPLACE 2.2 FEET FROM ALLEY LOCATED AT 415 FRANKLIN STREET SW WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (ADOPT RESOLUTION NO. 12160) 4. CONSIDERATION OF A CONDITIONAL USE PERMIT REQUESTED BY CITY OF HUTCHINSON PARKS DEPARTMENT TO CONSTRUCT A24' X24' STORAGE GARAGE ON PARK PROPERTY LOCATED IN THE 100 YEAR FLOOD PLAIN AT ROBERTS PARK, 1600 ROBERTS ROAD SW WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (ADOPT RESOLUTION NO. 12161) 5. CONSIDERATION OF PETITION TO BEGIN ANNEXATION OF PROPERTY BY RESOLUTION LOCATED IN LYNN TOWNSHIP WITH UNFAVORABLE STAFF RECOMMENDATION AND FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION NO. 12162) 6. CONSIDERATION OF REQUEST BY GENE EBNET TO EXTEND VARIANCE GRANTED ON PROPERTY LOCATED AT 106 GARDEN ROAD WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (ADOPT RESOLUTION NO. 12163) (d) CONSIDERATION FOR APPROVAL OF TEMPORARY LIQUOR LICENSE FOR AMERICAN LEGION FROM JUNE 5 - 7,2003 ( e) CONSIDERATION FOR APPROVAL OF POLICE COMMISSION APPOINTMENT (t) CONSIDERATION FOR APPROVAL OF TRANSIENT MERCHANT LICENSE FOR T.A.P. ENTERPRISES AT THE RECREATION CENTER ON JUNE 14,2003 (g) RETAIL ON-SALE, NON-INTOXICATING MALT LIQUOR (3.2 BEER) LIQUOR LICENSE RENEWALS · HUTCHINSON HUSKIE BASEBALL ASSOCIATION · LITTLE CROW BOWLING LANES · GODFATHER'S PIZZA · MEADOWLINKS GOLF CLUB · SKY VENTURES (PIZZA HUT) (h) RETAIL OFF-SALE, NON-INTOXICATING MALT LIQUOR (3.2 BEER) LIQUOR LICENSE RENEWALS . COBORN'S INC - CASHWISE TOM THUMB #196 - BONKERS SPEEDWAY SUPERAMERICA CITGO QUIKMART ERICKSON OIL PRODUCTS - FREEDOM V ALU CENTERS CATTOOR OIL COMPANY ERICKSON'S DIVERSIFIED - ECONO FOODS WALMART . . . . . . . (i) DALE STREET AND 2ND AVENUE SW IMPROVEMENTS, LETTING NO.1, PROJECT NO. 03-01 · RESOLUTION NO. 12148 - RESOLUTION DECLARING COST TO BE ASSESSED 2 CITY COUNCIL MINUTES - APRIL 22, 2003 AND ORDERING PREP ARA TION OF PROPOSED ASSESSMENT · RESOLUTION NO. 12149 - RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT (MAY 6, 2003, AT 5:30 P.M.) (j) 2003 PAVING IMPROVEMENTS, LETTING NO.3, PROJECT NO. 03-05 THROUGH 03-09, 03-11, 03-22 · RESOLUTION NO. 12150 - RESOLUTION RECEIVING REPORT AND CALLING HEARING ON IMPROVEMENT (PUBLIC HEARING PRIOR TO ASSESSMENT HEARING FOR MISSED PARCEL) · RESOLUTION NO. 12151- RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREP ARA TION OF PROPOSED ASSESSMENT · RESOLUTION NO. 12152 - RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT (MAY 13TH AT 6:00 P.M.) (k) STEARNS WOODS IMPROVMENTS, LETTING NO.9, PROJECT NO. 03-17 · PETITION FOR LOCAL IMPROVEMENT · AGREEMENT OF ASSESSMENT AND WAIVER OF IRREGULARITY AND APPEAL · RESOLUTION NO. 12153 - RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF REPORT · RESOLUTION NO. 12154 - RESOLUTION RECEIVING REPORT AND WAIVING HEARING ON IMPROVEMENT · RESOLUTION NO. 12155 - RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF PLANS & SPECIFICATIONS · RESOLUTION NO. 12156 - RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS · APPROVAL OF STEARNS WOODS SUBDIVISION AGREEMENT (1) CONSIDERATION FOR APPROVAL OF CITY FORESTER ATTENDING TREE AUCTION (m)CONSIDERATION FOR APPROVAL OF HUTCHINSON AREA HEALTH CARE PURCHASING X-RAY MACHINE (n) CONSIDERATION FOR APPROVAL OF SHORT-TERM GAMBLING LICENSE FOR CROW RIVER HABITAT FOR HUMANITY ON AUGUST 19,2003, AT THE MCLEOD COUNTY FAIRGROUNDS (0) CONSIDERATION FOR APPROV ALS AND PERMITS FOR THE 61 st ANNUAL HUTCHINSON JAYCEE WATER CARNIVAL FOR JUNE 9 - 15,2003 Items 5(c)5, 5(e), 5(i), 5(j), 5(k), and 5(c)1 were pulled for further action. Motion by Haugen, second by Peterson, to approve consent agenda with the exception of Items 5(c)5, 5(e), 5(i), 5(j), 5(k) and 5(c) 1. Motion carried unanimously. 3 CITY COUNCIL MINUTES - APRIL 22, 2003 Item 5(c)1 had further discussion. Julie Wischnack, Director of Planning/Zoning/Director, presented before the Council. Ms. Wischnack noted that Burger King has raised concerns of traffic congestion at the intersection where Wendy's plans on developing, which is at the corner of School Road and the Hwy 7 Service Road (where Rosie's is currently located). John Rodeberg, Director of Engineering, explained the design plan that city staff and MnDOT have comprised to address traffic issues, which they feel is the best plan that can be designed at this time. The site plan includes adding an additional entrance further south onto the service road and adding a right turn lane onto the service road. Mr. Rodeberg explained that some modifications could be considered for the SuperAmerica entrances. Mr. Rodeberg explained that he does not feel a one-way to the east on the service road will work appropriately or address safety issues. Howard Reinhard, Burger King, addressed the Council. Mr. Reinhard explained that his issues are exiting off of the service road onto School Road traveling south. Gail Plaisance, Hutch Bowl, addressed the Council. Mr. Plaisance raised concerns regarding the safety of the intersection. Mr. Rodeberg stated that this intersection can be continually reviewed to determine if any improvements will need to be made. Motion by Haugen, second by Peterson, to approve Item 5(c)1. Motion carried unanimously. Item 5( c)5 was pulled for further discussion. Julie Wi schnack, Director of Planning/Zoning/Building, presented before the Council. Ms. Wi schnack explained that city staff did not favor this annexation, however the Planning Commission voted unanimously in favor of it. Ms. Wi schnack explained the area that is being petitioned for annexation which is on the south end of the city adjacent to the airport. Ms. Wi schnack further explained the reasons for city staffs unfavorable recommendation, which include that this annexation is premature and that services are not out that far yet. John Rodeberg went on to state that this area does not seem to be the appropriate location at this time. Jim Haugen stated that the Planning Commission's overall feeling was that there are already neighboring houses and services near the area and that timing is not all that bad. In addition, this area will more than likely be developed in the future and that if we annexed it, the City would have more control over the development. Duane Hoversten raised the concern of the issue of if the developer would want to do development within the year, are we bound to allow them to do so, even though we are unable to provide 4 CITY COUNCIL MINUTES - APRIL 22, 2003 services? Marlin Torgerson noted that when the area on Highway 7 East was annexed, the City made it very clear to the developer that services would not be provided for at least five years. Mayor Torgerson stated that if this area is annexed, it needs to be made very clear that services may not be provided for 4-6 years. Julie Wi schnack noted that the annexation on Highway 7 East was mediated and that the agreement included the fact that services would not be provided for a certain amount of years. Ms. Wi schnack stated that this annexation is being done by resolution and she would like to get an attorney's opinion on whether or not conditions can be attached to it. Frank Fay, real estate agent, addressed the Council. Mr. Fay explained that the main reason for the interest in the area is due to the fact that the school district intends to build a school in the area. Bob McManus, developer, presented before the Council. Mr. McManus stated that his company is developing areas in several different communities and they are sensitive to the city's financial situation. Mr. McManus stated that his company would like to sit down with city planners to thoroughly plan and develop this area. Duane Hoversten suggested tabling this item until more input can be received as far as wording the resolution of annexation so that all issues can be addressed. Motion by Hoversten, second by Haugen, to table this item until May 13,2003, in order to receive more information and word the resolution correctly. Motion carried unanimously. Item 5(e) was pulled for further discussion. Mayor Torgerson recommended that Barry Anderson be appointed to the Police Commission. Motion by Arndt, second by Haugen to appoint Barry Anderson to a three-year term to the Police Commission. Motion carried unanimously. Item 5(i) was pulled for further discussion. John Rodeberg addressed the Council. Mr. Rodeberg explained that the State has revised the way procedures are completed for testing. The City now has to pay for the cost of testing, therefore on the assessment rolls, the fee increased from 24% to 25% to cover the city's expense of in-house testing. Motion by Haugen, second by Arndt, to increase testing fee to 25% to cover city's expense. Motion carried unanimously. Item 50) was pulled for further discussion. John Rodeberg noted that the public hearing on May 6th is set for 6:00 p.m. for this project. Mr. Rodeberg also covered the project costs which are approximately $2.6 million. Mr. Rodeberg further noted that assessments will cover less than 19% of the project, therefore the City is funding the majority of the project. 5 CITY COUNCIL MINUTES - APRIL 22, 2003 Item 5(k) was pulled for further discussion. John Rodeberg noted that again the testing fee increased to 25% to cover in-house testing costs. Motion by Hoversten, second by Peterson, to approve Items 5(i), 5(j), and 5(k). Motion carried unanimously. 6. PUBLIC HEARINGS 7. COMMUNICATIONS. REQUESTS AND PETITIONS 8. UNFINISHED BUSINESS (a) CONSIDERATION FOR APPROVAL OF POLICY UPDATES/AMENDMENTS Brenda Ewing, Human Resources Director, presented before the Council. Ms. Ewing stated that various policies are being considered so that they coincide with current practices. Ms. Ewing covered the changes made to each policy. Motion by Peterson, second by Arndt, to approve updates to city policies 3.02, 3.09, 3.12 and 3.22. Motion carried unanimously. 9. NEW BUSINESS (a) CONSIDERATION FOR APPROVAL OF POLICY UPDATE Brenda Ewing, Human Resources Director, presented before the Council. Ms. Ewing clarified that this is a new policy and not an update. This policy addresses nepotism amongst seasonal and temporary employees. Motion by Peterson, second by Haugen, to approve City Policy No. 3.30. Duane Hoversten questioned the chain of command and whether or not the Director should be over the department that the seasonal/temporary employee is working in. Mr. Hoversten noted that a seasonal/temporary employee should work in a different department as a direct relative. Motion denied. Motion by Peterson, second by Hoversten, to table this item until May 13, 2003. Motion carried unanimously. (b) CONSIDERATION FOR APPROVAL OF 1997 UNIFORM BUILDING CODE FEE SCHEDULE Julie Wischnack, Director of Planning/Zoning/Building, addressed the Council. Ms. Wischnack explained the fee schedule revisions, as the fees are increasing considerably. Ms. Wischnack reminded the Council that the Building Department has not increased building permit fees for three years. She also noted that all contractors have been notified of the proposed fee changes. Ms. Wischnack noted that the fee changes would take effect immediately. Duane Hoversten suggested placing this fee schedule into effect in 30 days. Motion by Hoversten, second by Haugen, to approve 1997 Uniform Building Code fee schedule and have the implementation date be in 30 days. Motion carried unanimously. ( c) CONSIDERATION FOR APPROVAL OF ADOPTING BUILDING CODE CHANGE Barry Greive, Building Official, addressed the Council. Mr. Greive stated that effective March 31, 2003, the State of Minnesota has adopted the State Building Code. This code intends to be adopted 6 CITY COUNCIL MINUTES - APRIL 22, 2003 internationally eventually so that architects, engineers and contractors will be in unison across the states. Mr. Greive also noted that staff is recommending that the most current Uniform Housing Code be adopted as well. General discussion was held regarding the energy code. Kay Peterson commented that houses in different areas of the country should not need to meet one international code. Barry Greive stated that there are different provisions for different topography issues. Mr. Greive stated that the contractors have been notified that this is being considered by the Council. Motion by Haugen, second by Arndt, to approve adoption of building code change and set second reading and adoption of Ordinance No. 03-341 for May 13,2003. Motion carried unanimously. Liquor Store Proiect Mayor Torgerson read a resolution reaffirming the action that city staff should continue to proceed with the development of a new liquor store. Mayor Torgerson stated that the workshop held earlier today addressed the issue of proceeding with this project. Gary Plotz, City Administrator, addressed the Council. Mr. Plotz noted that the explanation for proceeding with this project is due to a pro forma that indicates that a new liquor store would be even more profitable than the current store. Other issues surrounding proceeding with a new liquor store include long wait lines at the current store, challenges of new stores coming mto town. Mr. Plotz also explained the funding for the new store, which will comprise of using enterprise fund balances. Motion by Hoversten, second by Peterson, to approve the resolution and move forward with the liquor store project. Haugen - aye; Arndt - nay; Peterson - aye; Hoversten - aye; Torgerson - aye. Motion carried 4 to 1. 10. MISCELLANEOUS (a) COMMUNICATIONS John Rodeberg - Mr. Rodeberg requested that the City enter into an agreement with Braun Intertec to provide engineering, environmental and materials testing services. The State is now requiring that City's perform their own testing, therefore the need for the agreement. Braun Intertec will supply the testing at a very reduced rate. Motion by Haugen, second by Peterson, to enter into agreement with Braun Intertech for testing services. Motion carried unanimously. Bill Arndt - Mr. Arndt stated that on May 24,2003, at 6:30 p.m. at the Event Center a meeting will be held to discuss the river. Marlin Torgerson - Mayor Torgerson noted that a Crop Walk will be held May 4,2003, starting at 3:00 p.m. This walk is for world hunger. Gary Plotz - Mr. Plotz stated that he, the Mayor and Randy DeVries, presented before the Transportation Committee of Minneapolis earlier today. The Minneapolis Transportation Committee has recommended awarding a five-year contract to the City of Hutchinson (Creekside Soils )to collect the City of Minneapolis ' s leaves and brush. Half ofthe material will go to St. Paul and half will come back to the compost site. This contract is worth $3.5 million over the next five years. Mr. Plotz also noted that Steve Madson, Police Chief, will be retiring effective May 1, 2003. Lt. David Erlandson has been appointed as Interim Police Chief until January 1, 2004. Mr. Plotz requested that an appreciation event be scheduled for May 8, 2003, following the Board of Review 7 CITY COUNCIL MINUTES - APRIL 22, 2003 meeting. The event will be held at a city employee's home. Motion by Hoversten, second by Arndt, to approve setting a potluck appreciation event for the retirement of Steve Madson for May 8, 2003, at 5:30 p.m.. Mr. Plotz further noted that recently the Council approved staff attend an auction to purchase a conveyor. City staff did bid on a conveyor and was able to purchase it for $11,000, which is much lower than the $30,000 anticipated. Mr. Plotz also noted that for the City of Minneapolis project, both private and city property will be used for hauling. More equipment may need to be obtained in order to spearhead this project. Motion by Arndt, second by Peterson, to authorize City Administrator to attend auction on May 12, 2003, to purchase equipment for City of Minneapolis project. Motion carried unanimously. 11. 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. 12. ADJOURN With no further business to discuss, the meeting adjourned at 7: 10 p.m. 8