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07-22-2003 CCM MINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, JULY 22, 2003 1. CALL TO ORDER - 5:30 P.M. Mayor Marlm Torgerson called the meeting to order. Members present were Jim Haugen, Duane Hoversten, Kay Peterson and Bill Arndt. Others present were Gary Plotz, City Administrator, Marc Sebora, City Attorney and John Rodeberg, Director of Engineering/Public Works 2. INVOCATION - Pastor Christine, Faith Lutheran Church, delivered the invocation. 3. PLEDGE OF ALLEGIANCE PRESENTATION BY THE HUTCHINSON LEGION AND VFW TO DESIGNATE THE CITY OF HUTCHINSON AS A COMMEMORATIVE CITY FOR THE KOREAN WAR VETERANS 4. MINUTES (a) REGULAR MEETING OF JULY 8, 2003 (b) BID OPENING FROM JULY 15,2003 ( c) BID OPENING FROM JULY 18, 2003 The bid opening minutes from July 18,2003, need to be revised to strike out the last bid listed (Wm. Mueller & Sons) as it was included erroneously. The remainder of the minutes were approved as presented. 5. CONSENT AGENDA (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. PLANNING COMMISSION MEETING OF JUNE 17, 2003 2. HUTCHINSON AREA HEALTH CARE BOARD MINUTES FROM JUNE 17,2003 3. CITY OF HUTCHINSON INVESTMENT REPORT FOR JUNE 2003 4. CITY OF HUTCHINSON GENERAL FUND FINANCIAL REPORT FOR JUNE 2003 5. CITY OF HUTCHINSON WATER/SEWER/REFUSE REPORT FOR JUNE 2003 6. HUTCHINSON HOUSING AND REDEVLOPMENT AUTHORITY BOARD MEETING MINUTES OF APRIL 15 AND JUNE 19,2003 7. PIONEERLAND LIBRARY SYSTEM REVENUE AND EXPENDITURE REPORT OF MAY 31,2003 8. BUILDING DEPARTMENT MONTHLY REPORT FOR JUNE 2003 9. PARKS, RECREATION & COMMUNITY EDUCATION BOARD MINUTES FROM JUNE 2, 2003 (b) RESOLUTIONS AND ORDINANCES 1. ORDINANCE NO. 03-348 - ENTERING INTO FRANCHISE AGREEMENT WITH CITY COUNCIL MINUTES - JULY 22, 2003 HUTCHINSON AREA UNITED WAY FOR TEMPORARY SIGN (SECOND READING AND ADOPTION) 2. ORDINANCE NO. 03-350 - AN ORDINANCE QUIT CLAIMING ANY INTEREST THE CITY OF HUTCHINSON MAY HA VB IN REAL ESTATE LOCATED BY MARVIN HACKBARTH, ET AL, SECTION 5, HASSAN VALLEY TOWNSHIP (SECOND READING AND ADOPTION) 3. RESOLUTION NO. 12228 - RESOLUTION TO SELL UNCLAIMED PROPERTY AT AUCTION 4. RESOLUTION NO. 12231 - RESOLUTION TO SELL AT AUCTION COMPUTER EQUIPMENT DECLARED UNUSABLE BY THE CITY 5. RESOLUTION NO. 12232 - RESOLUTION SPECIFYING THE USES OF ROTARY PARK PURSUANT TO THE MINNESOTA DEPARTMENT OF NATURAL RESOURCES PARK GRANT PROGRAM 6. RESOLUTION NO. 12233 - RESOLUTION SETTING INTEREST RATE FOR 2003 ADOPTED ASSESSMENT ROLLS (c) PLANNING COMMISSION ITEMS 1. CONSIDERATION OF A VARIANCE REQUESTED BY SAM SCHOLL, PROPERTY OWNER, TO REDUCE FRONT YARD SETBACK FROM 30 FEET TO 25 FEET FOR THE CONSTRUCTION OF A ROOF OVER THE EXISTING ENTRANCE LOCATED AT 712 SHADY RIDGE ROAD NW WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (ADOPT RESOLUTION NO. 12217) 2. CONSIDERATION OF A CONDITIONAL USE PERMIT REQUESTED BY ROGER STEARNS, STEARNSWOOD, TO CONSTRUCT AN 118' X 102' POLE TYPE STORAGE WAREHOUSE ON PROPERTY LOCATED IN THE I/C (INDUSTRIAL/COMMERCIAL) DISTRICT AT 320 - 3RD AVENUE NW WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (ADOPT RESOLUTION NO.12218) 3. CONSIDERATION OF A CONDITIONAL USE PERMIT REQUESTED BY JUNE INSELMANN,PROPERTYOWNER, TO CONSTRUCT A RETAINING WALL WITHIN THE EASEMENT LOCATED AT 725 SOUTHVIEW DRIVE SW WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (ADOPT RESOLUTION NO. 12219) 4. CONSIDERATION OF FINAL PLAT TO BE KNOWN AS RAVENWOOD WEST WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (ADOPT RESOLUTION NO. 12221) (d) LETTING NO. 5/PROJECT NO. 03-12/03-19 (EDMONTON & JEFFERSON/TH 7 FRONTAGE ROAD) SAP 133-131-01/133-117-12) RESOLUTION NO. 12225 ACCEPTING BID AND AWARDING CONTRACT (e) SA-5064 - LETTING NO. 5/PROJECT NO. 03-12/03-19 (EDMONTON & JEFFERSON/TH 7 FRONTAGE ROAD) SAP 133-131-01/133-117-12) RESOLUTION NO. 12226 DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT AND RESOLUTION NO. 12227 FOR HEARING ON PROPOSED ASSESSMENT (t) CONSIDERATION FOR APPROVAL OF ANNUAL EXCAVATOR LICENSES (g) CONSIDERATION OF APPOINTMENT OF BECKY FELLING TO THE HUTCHINSON REDEVELOPMENT AUTHORITY BOARD 2 CITY COUNCIL MINUTES - JULY 22, 2003 (h) CONSIDERATION FOR APPROVAL TO ENHANCE HUTCHINSON POLICE SERVICES FIREARM PROGRAM (i) CONSIDERATION FOR APPROVAL OF SHORT-TERM ON-SALE NON-INTOXICATING MALT LIQUOR LICENSE FOR HUTCHINSON JAYCEES ON JULY 30, 2003, AT WEST RIVER PARK (j) CONSIDERATIONFORAPPROV AL OF SHORT-TERM NON-INTOXICATING MALT LIQUOR LICENSE FOR MCLEOD COUNTY FAIR BOARD FROM AUGUST 15 -19, 2003, AT MCLEOD COUNTY FAIRGROUNDS (k) CONSIDERATION FOR APPROVAL OF SUNDAY INTOXICATING LIQUOR LICENSE FOR LAMPLIGHTER LOUNGE II Item 5(t) was pulled for further discussion. Motion by Peterson, second by Haugen, to approve consent agenda with the exception of Item 5(t). Motion carried unanimously. Item 5(t) had further discussion. Marc Sebora, City Attorney, explained that there have been various issues related to the licensing of excavators as regulated by Ordinance No. 02-308. Mr. Sebora has drafted a revised ordinance that does not require an excavator license but still requires an excavator to obtain a permit, with restrictions on those permits, such as if they would have multiple permit violations. Marc Sebora suggested that no excavator licenses be issued until this revised ordinance is adopted and that refunds be issued to those that submitted license application fees. Motion by Peterson, second by Hoversten, to waive first reading and set second reading and adoption of Ordinance No. 03-352 for August 12, 2003, including suspending the license application process until the second reading of the ordinance. It was noted that staff does have the ability to deny permits currently. Motion carried unanimously. 6. PUBLIC HEARINGS - 6:00 P.M. (a) LETTING NO. 02, PROJECT NO. 03-02 (PLAZA 15 ACCESS AND SAFETY IMPROVEMENTS) - ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS John Rodeberg, Director of Engineering/Public Works, presented before the Council. Mr. Rodeberg explained that this project actually contains numerous small projects, which include safety enhancements, handicap accessibility enhancements, adding parking spaces, and constructing sidewalk connections. The approximate project cost is $105,000. The assessments will be split in half between the hospital and the Event Center. Motion by Hoversten, second by Peterson, to close public hearing. Motion carried unanimously. Motion by Hoversten, second by Arndt, to order improvement and preparation of plans and approve plans and specifications and order advertisement for bids on Letting No.2, Project No. 03-02. Motion carried unanimously. (b) CONSIDERATION OF ORDINANCE NO. 03-349 - ENTERING INTO A FRANCHISE AGREEMENT WITH NOOK AND CRANNY FOR THE RIGHT TO OUTDOOR DISPLAY OVER 3 CITY COUNCIL MINUTES - JULY 22, 2003 AND ABOVE CERTAIN PROPERTY LOCATED IN THE PUBLIC RIGHT-OF-WAY AT 34 MAIN STREET NORTH (WAIVE FIRST READING AND SET SECOND READING AND ADOPTION FOR AUGUST 12,2003) Julie Wi schnack, Director of Planning/Zoning/Building, presented before the Council. Ms. Wischnack explained that this is the formal process for a business to acquire the right to use public right-of-way. Motion by Arndt, second by Peterson, to close public hearing. Motion carried unanimously. It was suggested that a $25.00 franchise fee be required for the franchise. Motion by Arndt, second by Hoversten, to waive first reading and set second reading and adoption of Ordinance No. 03-349 for August 12, 2003, and set franchise fee at $25.00. Motion carried unanimously. 7. COMMUNICATIONS. REQUESTS AND PETITIONS (a) PRESENTATION BY DAVE ERLANDSON, ACTING POLICE CHIEF, REGARDING POLICE STAFFING Lt. David Erlandson explained that staff and Council had requested that he present current staffing issues in the police department. Currently, the police department has three positions that have not been filled due to budget restraints. They mclude a full-time police officer, a part-time police officer and a community service officer. In addition, the police chief retired May 1, 2003, and Sgt. Chuck Jones will be retiring Sept. 1, 2003. Lt. Erlandson covered public expectations of the police department, current staffing of support personnel, the core of the organization which includes Communications and Patrol. Lt. Erlandson expressed that he felt current stafflevels are minimum for the organization. Lt. Erlandson also reviewed other stress factors that contribute to staffing and scheduling. The lieutenant reviewed how the department has been coping with the staffing levels. Lt. Erlandson recommended the solutions to current staffing problems, which include being able to fill the part-time officer position, fill the position of retiring Sgt. Chuck Jones, place temporary part-time officer at the hospital and decide future of remaining vacant positions. Gary Plotz noted that several of these items were decided to move forward on at the Police Commission meeting. Other items that require Council action will be discussed during the budgetary process. Marc Sebora also noted that Hutchinson is a regional center, which places extra demands on Hutchinson's police officers. Gary Plotz further noted that the original plan when Steve Madson retired, was to begin the selection process of a new police chief in September with a start date of January 1, 2004. The Police Commission will be intensely involved in that process. However there will need to be administrative decisions made to help direct the Police Commission. (b) DISCUSSION OF ELECTRICAL INSPECTION FUNCTION BY THE CITY OF HUTCHINSON Brad Emans, Fire Chief, presented before the Council. Mr. Emans explained that city directors had been brainstorming ways to increase revenue for the City of Hutchinson. Mr. Emans is offering the services of the fire department to perform electrical inspections for the City as opposed to the state conducting them. By bringing the electrical inspections in-house, it would generate approximately $35,000/year. Mr. Emans did note that if the fire department takes on this responsibility, he may very well be in front of the Council in the future asking for additional personnel. This endeavor could be ready in March 2004. Mayor Torgerson stated that this item will be considered during the budgetary process for 2004. However, the Council did inform him that they should probably begin the process of getting the appropriate person licensed. 4 CITY COUNCIL MINUTES - JULY 22, 2003 8. UNFINISHED BUSINESS (a) CONSIDERATION FOR APPROVAL OF RECLASSIFICATION OF PUBLIC WORKS MAINTENANCE OPERATIONS POSITIONS Brenda Ewing, Human Resources Director, presented before the Council. Ms. Ewing explained that three positions are being proposed for reclassification, with reclassifying them to Grade 3 positions. Motion by Arndt, second by Haugen, to approve reclassification of water/wastewater maintenance positions. Motion carried unanimously. 9. NEW BUSINESS (a) CONSIDERATION OF ORDINANCE NO. 03-351 ADOPTING THE 2003 EDITION OF THE MINNESOTA STATE FIRE CODE, REGULATING AND GOVERNING THE SAFE GUARDING OF LIFE AND PROPERTY FROM FIRE AND EXPLOSION HAZARDS ARISING FROM THE STORAGE, HANDLING AND USE OF HAZARDOUS SUBSTANCES, MATERIALS AND DEVICES, AND FROM CONDITIONS HAZARDOUS TO LIFE OR PROPERTY IN THE OCCUPANCY FOR BUILDINGS AND PREMISES IN THE CITY OF HUTCHINSON; PROVIDING FOR THE ISSUANCE OF PERMITS FOR HAZARDOUS OPERATIONS (WAIVE FIRST READING AND SET SECOND READING AND ADOPTION FOR AUGUST 12, 2003) Jim Popp, Fire Administrative Officer, presented before the Council. Mr. Popp explained that this code is a state code and when adopted by ordinance, he is able to enforce it. Motion by Haugen, second by Hoversten, to waive first reading and set second reading and adoption of Ordinance No. 03-351 for August 12,2003. Motion carried unanimously. (b) CONSIDERATION OF ORDINANCE NO. 03-347 AN ORDINANCE AMENDING SECTIONS 3 AND 7 OF SECTION 12 OF THE HUTCHINSON ZONING ORDINANCE ADDING DEFINITION OF RESIDENTIAL DOG KENNEL AND REGULATION OF PLACEMENT OF RESIDENTIAL DOG KENNELS IN YARDS WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (WAIVE FIRST READING AND SET SECOND READING AND ADOPTION FOR AUGUST 12,2003) Julie Wi schnack, Director of Planning/Zoning/Building, presented before the Council. Ms. Wischnack explained that there has been much discussion amongst the Planning Commission regarding this ordinance. At the last Planning Commission meeting, the vote was 4-3 to adopt this ordinance. The proposed ordinance would be allow for up to 3 dogs over six months of age and that the kennels are allowed on any lot of residence and must be placed m the rear yard located behind the housed. The kennels must also be placed on a cement slab 10 feet or more from the rear and side property line. Mayor Torgerson raised concerns regarding certain lots that have very limited rear yard setbacks. Duane Hoversten and Kay Peterson stated that they would like to hear more public input before enacting upon this ordinance. Weston Scott, presented before the Council. Mr. Scott explained that he feels that if there are a majority oflots that are inadequate for a kennel, then there may be more free animals roaming outside of a kennel. Brandon Fraser, presented before the Council. Mr. Fraser stated that the proposed ordinance is more to aid in setback requirements in relation to runoff of animal urine and feces. Jim Popp presented before the Council. Mr. Popp raised an issue of incurring more rules for enforcement issues. He brought up examples such as requiring cement slabs. He personally would not be able to have a cement slab because there is a gas line underneath his current dog kennel, so he raised the question of whether he would have to relocate the kennel. Barry Greive, Building Official, presented before the Council. Mr. Greive did note that it would be 5 CITY COUNCIL MINUTES - JULY 22, 2003 difficult to enforce this ordinance. He did note that current ordinances are enforced, however, some of them are on a complaint-basis only. Ms. Wischnack noted that she has some sample nuisance ordinances that may be better written that Hutchinson's current nuisance ordinance. Motion by Hoversten, second by Arndt, to table this item to the August 12,2003, Council meeting to receive more public input. Motion carried unanimously. ( c) CONSIDERATION OF A CONDITIONAL USE PERMIT AND LOT SPLIT REQUESTED BY RTM RESTAURANT GROUP FOR CONSTRUCTION OF AN ARBY'S RESTAURANT LOCATED AT 1340 HWY 15 S WITH UNFAVORABLE STAFF RECOMMENDATION AND FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION NO. 12220) Julie Wischnack, Director of Planning/Zoning /Building, presented before the Council. Ms. Wischnack explained that the only disagreement between staff and the Planning Commission is the issue of the location of the entrance and parking. Staff recommendation is to have angle parking and an in-only entrance. Planning Commission is recommending having 90 degree parking and in-only entrance. After discussion, it was stated that staff would agree to the in-out entrance ifthe radius is increased to allow more room to drive in. John Bogart, Bogart & Associates, presented before the Council. Mr. Bogart explained that a one- way in entrance is acceptable to them, as well as increasing the radius to make it more easily accessible. Ms. Wischnack also noted that a revised resolution has been presented which now does not include the lot split. The lot split portion of the application will be presented at a future meeting. Motion by Hoversten, second by Arndt, to approve conditional use permit for RTM Restaurant Group to construct an Arby's Restaurant located at 1340 Hwy 15 South, with the condition that the radius be increassed at the entrance. Motion carried unanimously. (d) CONSIDERATION OF BID AWARD FOR WALKING FLOOR TRAILERS AND REVIEW OF THE PRO FORMA REVENUE/EXPENSE FOR THE MINNEAPOLIS ORGANICS CONTRACT - PHASE I Gary Plotz, City Administrator, presented before the Council. Mr. Plotz reminded the Council that Hutchinson had been awarded a contract with the City of Minneapolis to haul their organics. Mr. Plotz informed the Council that the actual contract was received by city stafflate on July 18th and was unable to be included in the Council packet for Council review. Mr. Plotz also informed the Council that staff, consultant and City Attorney have reviewed and it appears to cover all the bases necessary. A few items need to be clarified and it will be presented to the Council at the next meeting. The contract was written indicating that Hutchinson would be taking care of Minneapolis's leaves and a subcontractor taking care ofthe wood. Mr. Plotz voiced he has some concerns with Hutchinson being responsible for the wood subcontractor and the City may not take responsible for this portion. However, the advantage of being the general for the wood product is that the operating costs are split in half. Mr. Plotz reviewed the pro forma for this contract to illustrate the revenue generated from this contract. The pro forma covered the leaves and the wood. To illustrate the amount of leaf product being transported compares to 1167 trailer loads. Mr. Plotz stressed that this is a best estimate of a net profit of approximately $91,000 in yardwaste. The estimate savings of Hutchinson being in charge of this project is approximately $150,000. Mr. Plotz reviewed the various product lines that the compost site is marketing. The majority of these products are delivered to customers over the winter months. The use of the walking floor trailers will be used all year long. Mr. Plotz informed the Council ofthe amount of research staff had done on obtaining the appropriate, 6 CITY COUNCIL MINUTES - JULY 22, 2003 cost-effective type of truck. Mr. Plotz is requesting that the City purchase the trailers and have the private sector have the truck to pull the trailers. Two bids were received and staff is recommending the lower of the two bids with the total cost being $231,300.63, which includes three 53' walking floor trailers and one 48' walking floor trailer with a hitch. Council Member Hoversten recommended the purchase of four 53' walking floor trailers. Gary Plotz said he would consider and internally discuss the suggestion before place the order. Funding will be provided by using a portion of the cash balance in the sewer/water/compost fund. It will take 45-60 days to acquire these trucks. Local truckers will be recruited to perform the hauling of the product. Mr. Plotz stated that there is a standard warranty on the trucks and there is a location in Minneapolis that services the trailers. Motion by Hoversten, second by Peterson, to approve awarding bid to purchase four walking floor trailers for compost site. Motion carried unanimously. (e) CONSIDERATION OF REQUEST FOR SETTING AN INFORMATIONAL MEETING ON AUGUST 12, 2003, AT 4:00P.M. AT CITY CENTER REGARDING CURRENT DEBT AND FUTURE FUNDING NEEDS Motion by Hoversten, second by Arndt, to set Informational Meeting for August 12,2003, at 4:00 p.m. to review current debt and future funding needs. Motion carried unanimously. 10. MISCELLANEOUS (a) COMMUNICATIONS 1. CONSIDERATION FOR APPROVAL OF AWARDING HVAC REPLACEMENT BID TO HUTCHINSON PLUMBING AND HEATING, INC. Julie Wischnack, Director of Planning/Zoning/Building, presented before the Council. Ms. Wischnack explained that the funding will come out ofthe capital fund which have funds left over from the library bond. Motion by Arndt, second by Peterson, to approve awarding HV AC replacement bid to Hutchinson Plumbing and Heating, Inc. in the City library. Motion carried unanimously. 2. CONSIDERATION FOR APPROVAL OF MOTORIZED GOLF CART PERMIT Motion by Arndt, second by Peterson, to approve issuing motorized golf cart permit to Donald Tonsberg. Motion carried unanimously. Jim Haugen - Mr. Haugen questioned whether or not there has been mosquito complaints. In addition, Mr.liaugen asked whether or not a temporary stop sign can be placed at the intersection of Hwy 15 and 5 Avenue. Mr. Rodeberg explaineg that he has spoken to MnDOT about the placement of a stop sign at the intersection ofHwy 15 and 5 Avenue and it has been determined that it is not the solution as it would back up Main Street even more. Bill Arndt questioned whether or not the stop light at Main Street and 1 st Avenue can be timed differently. Mr. Rodeberg explained that cycling improvements are being evaluated. Mr. Rodeberg commented that approximately $100,000 would need to be spent on spraying for mosquitos in the ponding areas, but would only decrease mosquitos in residents' backyard by about 25%. Mr. Rodeberg stated that in order to have significant effect, spraying would need to be done on a county level or a regional level. Mr. Rodeberg also informed the Council that the Jefferson Street project should be complete in a couple of weeks. The 2nd/Dale ~treet project has been delayed due to rain. Gravel is being hauled in and all the pipe is in place on 2n Avenue. Hopefully by late next week more gravel can be placed on 7 CITY COUNCIL MINUTES - JULY 22, 2003 2nd Avenue. Contractors are approximately one week behind schedule, however 2nd Avenue should be complete by the start of school. Bill Arndt questioned whether or not there is an ordinance that regulates the number of garage sales a residence has. Gary Plotz stated no, but they could look into it. Duane Hoversten noted that there is a truck that parks on Michigan Street and leaves it running all night, which creates a nuisance for the residents that live across the street. Mr. Rodeberg stated he would check into ways to work with this situation. Duane Hoversten also noted that Joel Kraft has served his second term on the HRA Board and will be retiring. Mr. Hoversten publicly thanked Mr. Kraft for his service. Gary Plotz noted that he, the Mayor, Duane Hoversten, Randy DeVries and John Rodeberg will be visiting a reverse osmosis plant this week in Michigan. It is being researched to compare to the plant that Hutchinson will be constructing. Mr. Plotz also informed the Council that a Wright County transfer facility is available to store the product being hauled from Minneapolis and he has offered a very low price. He presented in front of the Wright County Board and they are strongly considering the City's offer. 11. CLAIMS. APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS A Motion by Haugen, second by Peterson, 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 8:30 p.m. Marlin Torgerson, Mayor ATTEST: Gary D. Plotz, City Administrator 8