Loading...
05-13-2003 CCM MINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, MAY 13, 2003 1. CALL TO ORDER - 5:30 P.M. Mayor Marlm Torgerson called the meeting to order. Members present were Jim Haugen, Bill Arndt and Duane Hoversten. Member absent was Ka Peterson. Others present were Gary Plotz, City Administrator, Marc Sebora, City Attorney and John Rodeberg, Director of Engineering/Public Works. 2. INVOCATION - A substitute for Rev. Brian Brosz, Congregational-UCC, delivered the invocation. 3. PLEDGE OF ALLEGIANCE 4. MINUTES (a) REGULAR MEETING OF APRIL 22, 2003 (b) SPECIAL MEETING MINUTES FROM MAY 6, 2003 (c) BID OPENING MINUTES FROM APRIL 29, 2003, AND MAY 6,2003 (d) BOARD OF EQUALIZATION MINUTES FROM MAY 8, 2003 The minutes were approved as presented. 5. CONSENT AGENDA (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. PLANNING COMMISSION MINUTES FROM MARCH 18, 2003 2. PIONEERLAND LIBRARY SYSTEM BOARD MINUTES FROM FEBRUARY 20,2003, AND MARCH 20, 2003 3. PIONEERLAND LIBRARY SYSTEM FINANCIAL REPORT FOR MARCH 2003 4. HUTCHINSON PUBLIC LIBRARY BOARD MINUTES FROM MARCH 24,2003 5. FIRE DEPARTMENT MONTHLY REPORT FOR APRIL 2003 6. BUILDING DEPARTMENT MONTHLY REPORT FOR APRIL 2003 (b) RESOLUTIONS AND ORDINANCES 1. ORDINANCE NO. 03-341 - AN ORDINANCE ADOPTING THE MINNESOTA STATE BUILDING CODE (SECOND READING AND ADOPTION) 2. ORDINANCE NO. 03-343 - AN ORDINANCE GRANTING SONORA'S MEXICAN RESTAURANT THE RIGHT TO PROVIDE A SIDEWALK CAFE' LOCATED IN THE PUBLIC RIGHT OF WAY ON 2ND AVENUE (WAIVE FIRST READING AND SET SECOND READING AND ADOPTION FOR MAY 27, 2003) 3. RESOLUTION NO. 12170 - CITY OF HUTCHINSON EQUAL EMPLOYMENT OPPORTUNITY POLICY/AMEND APPENDIX A OF THE CITY'S PERSONNEL POLICY 4. RESOLUTION NO. 12175 - RESOLUTION AUTHORIZING CITY OF HUTCHINSON CITY COUNCIL MINUTES - MAY 13, 2003 MEMBERSHIP TO HUTCHINSON AREA CHAMBER OF COMMERCE 5. RESOLUTION NO. 12176 - RESOLUTION TRANSFERRING $155,000 FROM SPECIAL ASSESSMENT FUND TO CENTRAL GARAGE FUND FOR FISCAL YEAR 2002 6. RESOLUTION NO. 12177 - RESOLUTION APPROVING ENTERING INTO MNDOT LANDSCAPE PARTNERSHIP AGREEMENT (c) CONSIDERATION FOR APPROVAL OF DANCE PERMIT FOR JAKE BANDEMER FROM JUNE 5 -7, 2003 FOR POLKA FEST AT MCLEOD COUNTY FAIRGROUNDS (d) REAPPOINTMENT OF DONNA BAYSINGER TO POLICE COMMISSION UNTIL 2006 ( e) APPOINTMENT OF TIMOTHY SMITH TO TREE BOARD TO 2006 (t) CONSIDERATION FOR APPROVAL OF SHORT-TERM GAMBLING LICENSE FOR ST. ANASTASIA CATHOLIC CHURCH ON SEPTEMBER 7,2003 (g) EDMONTON AVENUE SE AND TH 7 FRONTAGE ROAD (LETTING NO.5, PROJECT NO. 03- 12 AND 03-19) - ORDERING PREPARATION OF REPORT ON IMPROVEMENT - RECEIVING REPORT AND CALLING HEARING ON IMPROVEMENT FOR MAY 27, 2003 (h) DALE STREET SW!2ND AVENUE SW (LETTING NO.1, PROJECT NO. 03-01- ASSESSMENT ROLL NO. 5061) - DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT - ADOPTING ASSESSMENT - ACCEPTING BID AND AWARDING CONTRACT (i) CONSIDERATION FOR APPROVAL OF AWARDING BID FOR STONEY POINT LIFT STATION AND RAW WASTEWATER PUMP STATION ELECTRICAL AND CONTROL IMPROVEMENTS (j) CONSIDERATION FOR APPROVAL OF USING CITY RIGHT-OF-WAY FOR POPCORN WAGON AND FARMER'S MARKET FROM MAY 31, 2003, THROUGH OCTOBER 31,2003 (k) CONSIDERATION FOR APPROVAL OF TRANSIENT MERCHANT LICENSE FOR GERALD JOHNSON TO SELL NOVEL TIES AT THE GRANDE DAY PARADE ON JUNE 15,2003 Item 5(g), 5(h) and 5(j) was pulled for further discussion. Motion by Haugen, second by Arndt, to approve consent agenda with the exception ofItems 5(g), 5(h) and 5(j). Motion carried unanimously. Item 5(g) had further clarification. John Rodeberg explained that these are two separate street improvement projects. The Edmonton Avenue project is near the entrance to Menards. The TH 7 project is the Wendy's project. Item 5(h) had further clarification. John Rodeberg explained that a special Council meeting was held last week regarding this project. No action was taken at that time. Bonding is now in place 2 CITY COUNCIL MINUTES - MAY 13, 2003 and the final numbers have been determined and everything is ready to go. Councilmember Arndt commented that he had been past Jefferson Street and had concerns that little progress has been made thus far. Mr. Rodeberg explained that basically the contractors are waiting for the wet weather to cease. Councilmember Arndt noted that the Dale!2nd Avenue project must move along on schedule due to the school calendar. John Rodeberg noted that this project should move on track due to the fact that they will be starting this project much earlier than the Jefferson Street project started. Motion by Hoversten, second by Haugen to approve Items 5(g) and 5(h). Motion carried unanimously. Item 50) was discussed further. Councilmember Haugen noted that on the day of the Farmer's Market the alley to the south is closed off because of 1 st Avenue being closed off. Something needs to be done so that deliveries can be made in the back of the Main Street businesses. John Rodeberg noted that staff can take a look at the situation and maybe discussions need to be held with the Downtown Association. A suggestion was to designate a parking stall in the public parking lot as "deliveries only". City staff will work with area businesses to address delivery issues. Motion by Haugen, second by Arndt to approve Item 5(j). Motion carried unanimously. 6. PUBLIC HEARINGS (a) 2003 PAVING IMPROVEMENTS (LETTING NO.3, PROJECT NO. 03-05 THROUGH 03-09,03- 11,03-22 - ASSESSMENT ROLL NO. 5062) ADOPTING ASSESSMENT ACCEPTING BID AND AWARDING CONTRACT John Rodeberg, Director of Engineering/Public Works, presented before the Council. Mr. Rodeberg explained that this is the third meeting regarding these projects. Mr. Rodeberg reviewed the scope of the paving projects and how assessments are computed. Mr. Rodeberg described the project scope, cost and assessments for each project. The projects are taking place on Delaware Street NW, Arch Street SE, Ludtke Lane NW, Florida Street NW, Illinois Street NW, Ranch Avenue SE and School Road North sidewalk. The majority of the project scopes include grading and paving, with storm sewer improvements being done in some areas. A resident of Ludtke Lane asked whether or not a weight restriction will be placed on the street. John Rodeberg explained that this street will have the same restrictions as other streets in town. The resident stated that when construction is being done on Golf Course Road, the equipment operators use Ludtke Lane to enter and turn around. John Rodeberg stated that his department should be notified and they will come up and tag the equipment operators. This resident also questioned whether or not his assessments could be reduced to a one lot assessment as opposed to a lot and a half as his is the smallest lot on the street. Mr. Rodeberg stated the same formula is used for all and ifhis lot size is reduced and assessments are reduced, the other property owners' assessments will go up. Randy Arndt, 155 Illinois Street, presented before the Council. Mr. Arndt stated that he has some drainage issues and thanked city staff for working with him to address them. Deane Dietel, Arch Street, presented before the Council. Mr. Dietel asked if the surveying lines would be changed to match the road. Mr. Rodeberg explained that this street is not centered in the right-of-way, however it is in the road right-of-way. Since the proposal does not include widening the street, no surveying lines will need to be changed. Mr. Dietel questioned whether or not the City 3 CITY COUNCIL MINUTES - MAY 13, 2003 would pick up more than 35% ofthe cost due to the fact that Arch Street was tarred years ago and not maintamed. Mr. Rodeberg explained that it was a mix bituminous that was laid and is difficult to maintain. Jim Haugen clarified that the School Road sidewalk project, which runs from Arizona Street to Golf Course Road, would be approved contingent on easements being acquired. Motion by Arndt, second by Haugen, to close public hearing. Motion carried unanimously. Motion by Hoversten, second by Haugen, to adopt assessments, accept bids and award contract for 2003 pavmg improvements. Motion carried unanimously. 7. COMMUNICATIONS. REQUESTS AND PETITIONS (a) UPDATE ON MS TRAM BIKE RIDE ACROSS MINNESOTA Vi Mayer, President of Hutchinson Area Chamber of Commerce, presented before the Council. Mr. Mayer explained the details of the group coming through Hutchinson. Approximately 1000 bikers will be in the City on July 30,2003. Entertainment, lodging and food are Just a few of the items the MS Tram Bike Ride Across Minnesota committee has been working on. The route will enter onto School Road and exit off of School Road. Dr. Brian Bonte, MS Tram Committee Chair, presented before the Council. Dr. Bonte explained that he has been diagnosed with Multiple Sclerosis for the past ten years. Dr. Bonte spoke about the MS disease. Dr. Bonte also briefed on more details of the ride. (b) UPDATE ON LIQUOR STORE PROJECT AND SELECTION OF ARCHITECT Gary Plotz, City Administrator, presented before the Council. Mr. Plotz explained that several proposals were received for architectural services for the new liquor store. Two finalists have been selected and a recommendation will be made at the May 27,2003, Council meeting. ( c) BECKY W ALRADTH - DISCUSSION OF ELM STREET IMPROVEMENT PROJECT Becky Walradth, resident of Elm Street, presented before the Council. Ms. Walradth stated that last year the Mayor had told the residents that this would be a priority. Since that time, residents have received a letter stating that this project will not be done this year. John Rodeberg explained that substantial property acquisition needs to be done for ponding on 10th Avenue prior to Elm Street improvements otherwise the flooding issues will not be addressed on Elm Street. Mr. Rodeberg continued to explain that budget constraints are limiting the number of improvement projects. Mr. Rodeberg further explained that design phases have continued on this proj ect. Ms. Walradth explained that she received a letter from Allied Adjusters stating that the system on her street cannot handle the heavy rains. Ms. Walradth explained that she has concerns if more heavy rains comes this summer. Mr. Rodeberg explained that he feels some design improvements could be made at her residence to improve safety issues. Marc Sebora, City Attorney, explained that Allied Adjusters is the claims adjusters for the League of Minnesota Cities. Mr. Sebora further explained that the City is bound by the adjuster's decislOn. Mayor Torgerson asked Ms. Walradth if she had done any improvements to her home to help prevent flooding. Ms. Walradth eXplained that the only adjustment they could make would be to remove a door, however that would decrease her property value. John Rodeberg suggested having Barry Greive, Hutchinson Building Official, look at the property to see if any other improvements could be made. Mr. Rodeberg also explained that street and system improvements have been made to the neighborhood in the past. 4 CITY COUNCIL MINUTES - MAY 13, 2003 The current time line would include this project as a priority for 2004, if funding is available. Dave Heidebrink, Maple Street, presented before the Council. Mr. Heidebrink asked for clarification as to when the project will actually happen. Mr. Rodeberg iterated that it is slotted for 2004, again, based on the legislature and funding. John Rodeberg confirmed for Ms. Walradth that city staff will keep her updated. 8. UNFINISHED BUSINESS (a) CONSIDERATION FOR APPROV AL OF SEASONAL/TEMPORARY EMPLOYMENT POLICY Marc Sebora, City Attorney, presented before the Council. Mr. Sebora requested that this item be tabled indefinitely until more solid research can be obtained from other cities. Motion by Hoversten, second by Arndt, to table this item until more research can be obtained. Motion carried unanimously. (b) 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) Marc Sebora, City Attorney, addressed the Council. Mr. Sebora explained that at the last Council meeting the Council had raised issues as to whether or not conditions could be addressed on the Resolution for Annexation. Mr. Sebora explained that conditions could not be placed on a resolution unless a supplemental agreement was entered into with Lynn Township outlining those conditions. Mr. Sebora suggested entering into an agreement with the developers which would outline specific conditions. Mayor Torgerson asked Mr. Sebora for clarification as to whether or not the City has to provide utilities if it is economically not feasible. Mr. Sebora explained that the City does not if the City cannot afford to. However, Mr. Sebora stated that the Council needs to consider the Comprehensive Plan in which this area is planned for annexation in 2015-2020. There has been preliminary discussion that the developer may offer to pay for services. Duane Hoversten commented that he was under the impression that the developer wanted to sit down with city staff to work out these types of issues. Mr. Rodeberg stated that that could possibly take place within the next two weeks. Motion by Arndt, second by Hoversten, to postpone action on this issue to the May 27,2003, meeting with the expectation that staff and developers will meet to come up with a developer's agreement. Motion carried unanimously. 9. NEW BUSINESS (a) CONSIDERATION FOR APPROVAL OF INTERIM DIRECTOR POSITION CONTRACT Mayor Torgerson questioned the wording in Section 4. Mayor noted that there was no mention of severance in the section. Mayor Torgerson suggested striking the words severance pay from the section title. Motion by Hoversten, second by Haugen, to approve Interim EDA Director position contract. Motion carried unanimously. Mayor Torgerson noted that the current EDA Director is in the National Guard and has a very high probability of being called up to serve in Bosnia for up to one year. (b) CONSIDERATION FOR APPROVAL OF CALLING FOR SALE OF 2003 GENERAL 5 CITY COUNCIL MINUTES - MAY 13, 2003 OBLIGATION IMPROVEMENT BONDS Ken Merrill, Finance Director, presented before the Council. Mr. Merrill stated that the sale of these bonds is for three separate street improvement proj ects. The sale of these bonds must occur before the end of May 2003 due to the Minnesota legislative session. Mr. Merrill requested that a special meeting be held on May 29,2003, to award the sale of the bonds. Motion by Arndt, second by Haugen, to set special meeting for May 29,2004, at 5:00 p.m. to award the sale of general obligation bonds. Motion carried unammously. Motion by Haugen, second by Hoversten, to approve resolution calling for sale of 2003 general obligation improvement bonds. Motion carried unanimously. 10. MISCELLANEOUS (a) COMMUNICATIONS Marc Sebora - Marc Sebora, City Attorney, explained that at the last Council meeting a management agreement was approved with the Victorian Inn. A correction has been made to the agreement indicating the correct license name. Motion by Arndt, second by Hoversten, to approve amended management agreement, which corrects the name of the new license holder. Motion carried unanimously. Bill Arndt - Mr. Arndt stated that he has received phone calls regarding spraying for mosquitos and whether or not the city intends to spray this year. Mr. Plotz explained that the City could research other, more effective techniques rather than spraying. 11. CLAIMS. APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS A Motion by Haugen, second by Arndt, 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 Haugen, to approve and authorize payment of Verified Claims B from appropriate funds. Motion carried unanimously. 12. ADJOURN With no further business to discuss, the meeting adjourned at 6:55 p.m. 6