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
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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.
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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.
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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
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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.
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