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05-27-2003 CCM MINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, MAY 27, 2003 1. CALL TO ORDER - 5:30 P.M. Mayor Marlm Torgerson called the meeting to order. Members present were Jim Haugen (arrived later), Kay Peterson, Bill Arndt and Duane Hoversten. Others present were Ken Merrill, Finance Director and John Rodeberg, Director of Engineering/Public Works. 2. INVOCATION - Rev. Brian Brosz, Congregational-UCC, delivered the invocation. 3. PLEDGE OF ALLEGIANCE 4. MINUTES (a) REGULAR MEETING OF MAY 13,2003 Minutes were approved as presented. 5. CONSENT AGENDA (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. CITY OF HUTCHINSON FINANCIAL REPORT FOR APRIL 2003 2. HUTCHINSON AREA HEALTH CARE BOARD MINUTES FROM APRIL 15,2003 3. HUTCHINSON HOUSING & REDEVELOPMENT AUTHORITY MEETING MINUTES FROM APRIL 15,2003, AND MAY 1,2003 4. HUTCHINSON PLANNING COMMISSION MINUTES FROM APRIL 15,2003 (b) RESOLUTIONS AND ORDINANCES 1. ORDINANCE NO. 03-343 - AN ORDINANCE GRANTING SONORA'S MEXICAN RESTAURANT THE RIGHT TQ PROVIDE A SIDEWALK CAFE LOCATED IN THE PUBLIC RIGHT OF WAY ON 2N AVENUE (SECOND READING AND ADOPTION) 2. RESOLUTION NO. 12177 - A RESOLUTION AUTHORIZING CHARGING FOR MISCELLANEOUS SERVICES AT HUTCHINSON POLICE SERVICES (c) PLANNING COMMISSION ITEMS 1. CONSIDERATION OF PRELIMINARY PLAT TO BE KNOWN AS RA VENWOOD WEST AND REZONING THE AREA TO R2 SUBMITTED BY ROGER DERRICK (ADOPT RESOLUTION NO. 12184 AND WAIVE FIRST READING AND SET SECOND READING AND ADOPTION OF ORDINANCE NO. 03-339 FOR JUNE 10,2003) 2. CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY B&B PROPERTIES FOR OUTDOOR DISPLAY AT L&P SUPPLY LOCATED AT 1470 SOUTH GRADE ROAD (ADOPT RESOLUTION NO. 12185) 3. CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY THE CITY OF HUTCHINSON PARKS DEPARTMENT FOR SHORELAND ALTERATION OF THE SOUTH FORK OF THE CROW RIVER (ADOPT RESOLUTION NO. 12186) CITY COUNCIL MINUTES - MAY 27,2003 4. CONSIDERATION OF FINAL PLAT TO BE KNOWN AS WENDY'S ADDITION (ADOPT RESOLUTION NO. 12187) (d) CONSIDERATION FOR APPROVAL OF SHORT-TERM GAMBLING LICENSE FOR HUTCHINSON AREA FOUNDATION FOR HEALTH CARE ON AUGUST 11,2003, AT THE CROW RIVER GOLF CLUB (e) CONSIDERATION FOR APPROVAL OF SHORT-TERM GAMBLING LICENSE FOR HUTCHINSON FIRE DEPARTMENT ON SEPTEMBER 13,2003, AT THE HUTCHINSON FIRE STATION (t) CONSIDERATION FOR APPROVAL OF SHORT-TERM GAMBLING LICENSE FOR HEART OF MINNESOTA ANIMAL SHELTER ON AUGUST 19,2003, AT THE ANIMAL SHELTER BUILDING (g) CONSIDERATION FOR APPROVAL OF TEMPORARY WAGE ADJUSTMENT OF ACTING POLICE CHIEF (h) CONSIDERATION FOR APPROV AL OF RA VENWOOD WEST SUBDIVISION AGREEMENT (i) CONSIDERATION FOR APPROVAL OF WENDY'S DEVELOPMENT AGREEMENT (j) CONSIDERATION OF LETTING NO.9, PROJECT NO. 03-17, ASSESSMENT ROLL NO. 5063 - STEARNS WOODS DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT WAIVING HEARING ON PROPOSED ASSESSMENT ADOPTING ASSESSMENT ACCEPTING BID AND AWARDING CONTRACT Items 5(h) and 5(i) were pulled for further discussion. Motion by Arndt, second by Peterson, to approve consent agenda with the exception of Items 5(h) and 5(i). Motion carried unanimously. John Rodeberg explained that these agreements are drafts that have not been reviewed by the other parties. Mr. Rodeberg requested that the Council approve these drafted agreements and if any substantive changes would need to be made, Mr. Rodeberg would bring the revised agreements back to the Council for approval. Motion by Peterson, second by Hoversten to approve drafts of subdivision agreements with the condition that if any substantive changes are made, they be brought back to the Council. Motion carried unanimously. 6. PUBLIC HEARINGS - 6:00 P.M. (a) ON-SALE INTOXICATING AND SUNDAY LIQUOR LICENSE FOR VICTORIAN INN MANAGEMENT COMPANY Motion by Hoversten, second by Arndt, to close public hearing. Motion carried unanimously. Motion by Hoversten, second by Arndt, to approve on-sale intoxicating and Sunday liquor license for Victorian Inn Management Company. Motion carried unanimously. (b) LETTING NO.5, PROJECT NOS. 03-12, 03-19 - EDMONTON AVENUE SE AND TH 7 2 CITY COUNCIL MINUTES - MAY 27,2003 FRONTAGE ROAD (ORDERING IMPROVEMENT AND PREPARATION OF PLANS) John Rodeberg explained that this project cannot proceed unless the State approves bonding. The proposal for Edmonton Avenue is to extend it to Jefferson Street. Mr. Rodeberg explained the proj ect scope which is complete construction of street, sanitary sewer, watermain, trunk and lateral storm sewer and trail. The cost of this project is approximately $1.5 million. Mr. Rodeberg explained how the costs are divided between City and property owners. The trunk sewer and sanitary sewer lines were explained in more detail. John Rodeberg explained the second project which is on TH7 service road where Wendy's is developing. John Rodeberg explained that the service road entrance will be moved to the south approximately 130 feet directly across from the south Super America entrance. In addition, a trail will be developed at a 20 to 1 slope for handicap accessibility. Wendy's has dedicated thousands of dollars worth ofland for the right-of-way as well as offered to assist with the development ofthe trail. Mr. Rodeberg covered the costs of the project. Mr. Rodeberg noted that traffic signals for left-hand turn lanes on School Road have been ordered. Motion by Peterson, second by Hoversten, to close public hearing. Motion carried unanimously. Motion by Arndt, second by Peterson, to approve ordering improvement and preparation of plans on Letting No.5, Project Nos. 03-12 and 03-19. Motion carried unanimously. 7. COMMUNICATIONS. REQUESTS AND PETITIONS (a) MOSQUITO CONTROL REPORT John Rodeberg explained that approximately 10 years ago the City of Hutchinson stopped spraying to rid of mosquitoes. The main reasons were the cost and low effectiveness. The Council recently requested that stafftake a look again at the prospect of spraying for mosquitoes. Staff has researched the effect and cost of taking this on. Spraying or briquets would cost approximately $100,000 and the effect is not 100%. Another option researched was spraying for large events only. The cost of this would be approximately $1000 per event, again with not 100% effect. DolfMoon, Parks/Recreation/Community Education Director, also explained that the timeframe is not advantageous now for spraying, as it should be done before mosquito season, such as mid-April. Mr. Moon stated that staff needs direction as to ifthis should be budgeted for 2004 and which department should manage it, as staff has been reduced and there may not be enough manpower. Marlin Torgerson stated that the public can aid in reducing the risk of the West Nile Virus spread by mosquitos by keeping standing water to a minimum. Mayor Torgerson noted that spraying is not the most effective method, ifthere is one at all. Mayor Torgerson stated that each homeowner can spray their own yard as the most effective method. It was suggested that citizens check with county agents as far as what chemicals are the most safe and effective. Duane Hoversten suggested staff check with other communities to see what they are doing this summer and fall and report back to the Council in November with the results. (b) UPDATE ON CONSTRUCTION OF NATURAL GAS PIPELINE John Webster, Hutchinson Utilities Commission, presented before the Council. Mr. Webster explained that all ofthe pipe has been delivered or is on its way. Mr. Webster went on to explain that the Contractor is ready to go in Trimont, the start of the line. Mr. Webster also explained that two contracts are being developed aYJart of the project. Condemnation proceedings are in progress with the first hearing set for June 4 and the second being June 12th. A start date of construction is anticipated for June 24, 2003. Although the start is behind schedule, staff is confident that the project will be complete by the end of the year. Mr. Webster explained that ifthe pipeline is not complete by November 1,2003, HUC can buy power from several markets on a month by month basis. 3 CITY COUNCIL MINUTES - MAY 27,2003 8. UNFINISHED BUSINESS (a) 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 (CONSIDERATION FOR APPROVAL OF PLATH ANNEXATION DEVELOPMENT AGREEMENT) John Rodeberg explained that the developer has explained that his plans are not out of line with the City's. Mr. Rodeberg detailed the agreement that has been drafted, which outlines the City's expectations of adding services to this area. Conditions are addressed in this agreement as to how the City intends for this area to be developed. Mr. Rodeberg explained where the trunk line would run. Motion by Hoversten, second by Arndt, with Peterson abstaining, to approve annexation of Lynn Township property and Plath annexation development agreement, with mmor clerical changes made. Motion carried unanimously. 9. NEW BUSINESS (a) CONSIDERATION FOR APPROVAL OF TEMPORARY SIGN REQUEST BY HUTCHINSON AREA UNITED WAY Connie Walters, United Way, presented before the Council. Ms. Walters explained that a Boy Scout has offered to take charge of a thermometer project to indicate how much money the United Way has brought in during their fund drive. The United Way is requesting that the thermometer sign be placed in Library Square, or any other park, during their fund drive, from September 10 through October 31, 2003. Mayor Torgerson suggested that the City Attorney shed his opinion on how this request violates the current sign ordinance and how it may effect setting a precedence to other organizations. Motion by Hoversten, second by Arndt, to defer this item to June 10,2003, after staff has researched this item further. Motion carried unanimously. (b) CONSIDERATION FOR APPROVAL OF OAKLAND CEMETERY FEE SCHEDULE John Rodeberg explained that due to budget cuts, a part-time cemetery worker has been cut. The local funeral home has requested that the same service level attempt to be maintained in spite of that. For these reasons, staff is recommending that the fee schedule be increased. Staff has researched other cemetery rates and Oakland's were actually on the lower side of the scale. Motion by Peterson, second by Haugen, to approve Oakland Cemetery fee schedule. Bill Arndt questioned the process if a resident is unable to pay these rates. John Rodeberg explained that there is a separate policy that covers that. The allocation of these fees was discussed. Motion carried unanimously. (c) UPDATE ON LIQUOR STORE PROJECT AND CONSIDERATION FOR APPROVAL OF ARCHITECT SERVICES CONTRACT Miles Seppelt presented before the Council. Mr. Seppelt explained that the Liquor Store Project Steering Team has been meeting weekly for the past six weeks. This Team has selected an architect that has a tremendous amount of experience in designing liquor stores. Mr. Seppelt explained that the agreement was just received today and has not been reviewed by the City Attorney. He is requesting that the agreement be approved on the condition of staff approval. All other aspects of the proj ect are on schedule. The outside of the structure will blend in with the other buildings along Main Street. Kay Peterson stressed how important the outside appearance is to the neighboring area. 4 CITY COUNCIL MINUTES - MAY 27,2003 Motion by Haugen, second by Peterson, to defer this item to June 10,2003, until the City Attorney has had an opportunity to review the contract. Jim Haugen suggested viewing schematics prior to the agreement being approved. Motion carried unanimously. (d) CONSIDERATION FOR APPROVAL OF CALLING FOR PUBLIC HEARING TO ESTABLISH A REDEVELOPMENT TIF DISTRICT Miles Seppelt explained that this area is for establishing a redevelopment TIF district for the State Theatre. More details will be presented at the public hearing. Motion by Hoversten, second by Arndt, to set public hearing for July 8, 2003, at 6:00 p.m. to establish a redevelopment TIF district. Motion carried unanimously. (e) CONSIDERATION FOR APPROVAL OF ESTABLISHING LOCATION FOR TRAFFIC CONTROL DEVICES John Rodeberg explained that there are a number of traffic control devices being proposed. The majority of these are being recommended due to sight distances and safety issues. Mr. Rodeberg is reCI.uesting that this item be deferred to June 10, 2003, to allow him time to send out notices to residents. Motion by Peterson, second by Haugen, to defer this item to June 10, 2003. Motion carried unanimously. (t) DISCUSSION OF PROJECT STATUS ON JEFFERSON STREET SE AND DALE STREET!2ND AVENUE SW John Rodeberg explained that citizens have raised issues that the 2nd Avenue project has started before the Jefferson Street project, which was initially started last fall. Mr. Rodeberg iterated that the Jefferson Street project is headed by the County and not the City. Contractors have showed a schedule that they plan on being complete by the end of July. If they do not complete the project as scheduled, staff will encourage the County to fine them appropriately. Mr. Rodeberg went on to explain that 2nd Avenue from Dale Street to Lynn Road has began construction and the entire proj ect is scheduled for completion by September 1. Temporary water is being installed in this area this week. Hydrants are still accessible on the corners. (g) CONSIDERATION FOR APPROVAL OF ELECTRICAL AND MAINTENANCE COSTS FOR STREET LIGHTS & TRAFFIC LIGHT WITH HUTCHINSON UTILITIES John Rodeberg explained that HUC has been doing maintenance work on street lights and traffic lights, billing the City and the City bills them back. Mr. Rodeberg explained that the costs have been increasing and due to the bureaucracy of the process, residents could be paying an increased rate. Staff is suggesting that this process be consolidated by having HUC maintam and pay for the light system. The residents will not then see any rate increase. Motion by Peterson, second by Arndt, to approve Hutchinson Utilities Commission maintaining the electrical and maintenance costs for streetlights and traffic lights. Motion carried unanimously. 10. MISCELLANEOUS (a) COMMUNICATIONS Purchase of Furniture for Mental Health Outpatient Area of Hutchinson Hospital Hutchinson Area Health Care submitted a request to purchase furniture for the mental health outpatient area of the hospital. The total purchase is $87,500. Motion by Haugen, second by Peterson, to approve Hutchinson Area Health Care purchasing furniture 5 CITY COUNCIL MINUTES - MAY 27,2003 for the mental health outpatient area. Motion carried unanimously. Duane Hoversten - Mr. Hoversten requested that the City Attorney review the new conceal and carry law with the Council and how it effects Hutchinson. Ken Merrill - Mr. Merrill reminded the Council of the Special Council meeting set for May 29, 2003, at 5:00 p.m. for the purpose of the sale of go bonds. Mr. Merrill also requested that the Council set a Council informational meeting for June 10,2003, to discuss the budget issues in relation to the State's final plan. Motion by Haugen, second by Hoversten, to set a Council informational meeting for June 10,2003, at 4:00 p.m. to discuss the budget plan. Motion carried unanimously. 11. CLAIMS. APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS A Motion by Peterson, second by Hoversten, to approve and authorize payment of Verified Claims A from appropriate funds. Motion carried unanimously. 12. ADJOURN With no further business to discuss, the meeting adjourned at 6:55 p.m. 6