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09-09-2003 CCM MINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, SEPTEMBER 9, 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 and John Rodeberg, Director of Engineering/Public Works. 2. INVOCATION - Rev. Max Meyers, Riverside Assembly of God Church, delivered the invocation. 3. PLEDGE OF ALLEGIANCE 4. MINUTES (a) REGULAR MEETING OF AUGUST 26, 2003 (b) BID OPENING MINUTES FROM AUGUST 25, 2003 Minutes were approved as presented. 5. CONSENT AGENDA (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. BUILDING DEPARTMENT MONTHLY REPORT FOR AUGUST 2003 2. HUTCHINSON PUBLIC LIBRARY BOARD MINUTES FROM JUNE 23, 2003 3. FIRE DEPARTMENT MONTHLY REPORT FOR AUGUST 2003 4. HUTCHINSON UTILITIES COMMISSION FINANCIAL REPORT FOR JULY 2003 (b) RESOLUTIONS AND ORDINANCES 1. ORDINANCE NO. 03-354 - AN ORDINANCE ANNEXING 25.86 ACRES REQUESTED BY RODNEY RIEWER LOCATED IN HASSAN VALLEY TOWNSHIP ALONG JEFFERSON STREET SE WITH STAFF RECOMMENDATION AND A FAVORABLE RECOMMENDATION (SECOND READING AND ADOPTION) 2. ORDINANCE NO. 03-355 - AN ORDINANCE REZONING PROPERTY FROM R2 TO C4 LOCATED AT 222 5TH AVENUE NW FOR OFFICE BUILDING SUBMITTED BY STEPHEN GASSER, APPLICANT WITH STAFF RECOMMENDATION AND A FAVORABLE RECOMMENDATION (SECOND READING AND ADOPTION) 3. RESOLUTION NO. 12256 - A RESOLUTION APPROVING SPONSORSHIP OF EAR THL Y DELIGHTS (STATE THEATRE PROJECT) CHALLENGE LOAN APPLICATION THROUGH SOUTHWEST MINNESOTA FOUNDATION IN PARTNERSHIP WITH THE STATE OF MINNESOTA (c) LETTING NO. 13, PROJECT NO. 02-22 (SOUTH FORK CROW RIVER BANK STABILIZATION) - REJECTING BIDS ON IMPROVEMENT AND ORDERING ADVERTISEMENT FOR REBID CITY COUNCIL MINUTES - SEPTEMBER 9, 2003 (d) LETTING NO.2, PROJECT NO. 03-02 (PLAZA 15 PARKING LOT) - REJECTING BIDS AND REJECTING IMPROVEMENT Item 5(b) 1 was pulled for further discussion. Motion by Hoversten, second by Peterson, to approve consent agenda with the exception of Item 5(b)l. Motion carried unanimously. Item 5(b) 1. Marc Sebora, City Attorney, stated that there may be some conflicts between the annexed property and the compost site, wastewater facility and training center in regard to potential high noise levels, odor and other related issues. City staff would like to have the opportunity to notify property owners in this area of the possibility of these issues and therefore Mr. Sebora asked that this item be tabled until that notice is able to be sent out. Mayor Torgerson questioned whether or not additional covenants could be put in place. John Rodeberg informed the Council that in the site plan the developers noted in writing that they are aware of these issues. Mr. Rodeberg asked whether or not language could be placed in a development agreement regarding the potential problems and distributed to property owners prior to developing occurring or should it be placed in the annexation documentation. Mr. Sebora stated that it would be sufficient to include pertinent language in the development agreement, as long as everyone is aware upfront of the issues. Motion by Arndt, second by Haugen, to approve Item 5(b) 1. Motion carried unanimously. 6. PUBLIC HEARINGS - 6:00 P.M. (a) PRINCE OF PEACE SENIOR APARTMENTS, INC. PROJECT - AUTHORIZING AND PROVIDING FOR THE ISSUANCE AND SALE OF HOUSING FACILITIES REFUNDING REVENUE BONDS Marc Sebora explained that this authorization would allow the housing authority to refinance the revenue bonds for the Prince of Peace Apartments at a lower rate. A representative spoke before the Council. The representative explained that Ken Merrill, Finance Director, had consulted with the League of Minnesota Cities and this would not effect the TIF District that Prince of Peace is housed in. Motion by Peterson, second by Hoversten, to close public hearing. Motion carried unanimously. Motion by Hoversten, second by Peterson, with Haugen abstaining, to approve authorizing and providing for the issuance and sale of housing facilities refunding revenue bonds, approving Resolution No. 12257. Motion carried unanimously. 7. COMMUNICATIONS. REQUESTS AND PETITIONS (a) REPORT ON CONSTRUCTION OF PICNIC SHELTER AT HUTCHINSON MUNICIPAL AIRPORT John Olson, Airport Manager, introduced Josh Miller to present before the Council. Mr. Miller explained to the Council that he had constructed a picnic shelter and two picnic tables at The Hutchinson Airport in order to achieve his eagle scout status. Mr. Miller explained the reasoning for the location of the shelter and the process of building the project. Mr. Miller also identified the 2 CITY COUNCIL MINUTES - SEPTEMBER 9, 2003 donations he received to construct the shelter. (b) AL TERNA TIVE PROPOSAL FOR DOWNTOWN SPECIAL SERVICE DISTRICT NO.1 - STEVE COOK Steve Cook, 728 Juul Road, presented before the Council. Mr. Cook commented that he had reviewed the Downtown Master Plan and feels that there are very good ideas and projects identified in the Plan. Mr. Cook voiced concerns over the fact that the City has a lack of participation in this proj ect, mainly in the funding. Mr. Cook expressed that he felt that there should be a partnership between the City and the property owners to pay the assessments. Mr. Cook also expressed that he initially felt that there may not be a need for a Downtown Coordinator and that maybe this position could be joined with a current position either held by the City or the Chamber. However, after further insight, he realized that this will be an important position, at least at the birth of the District. John Rodeberg did clarifY that the City will be taking part in large downtown improvement proj ects in the future through capital improvements. Mr. Cook showed a visual aid illustrating the original proposal on the table to fund the Special Service District, which totals approximately $101,000. Mr. Cook then illustrated an alternative proposal which basically showed the City splitting the cost with the downtown property owners. The total burden then on the property owners in the downtown district would then be reduced to approximately $.I1/square foot as opposed to the proposed $.19/square foot. Mr. Cook stressed that he feels everyone should work together to come to a common goal for the City and the downtown. Mayor Torgerson reminded the public that the City has the power to establish the district, however did not instigate the origination of it, nor will it "run it". Mayor Torgerson noted that the City may need to look into the legality of whether or not it can provide funding for the things required within the District. 8. UNFINISHED BUSINESS (a) CONSIDERATION FOR APPROVAL OF GRANTING BUSINESS SUSBIDY AND REDEVELOPMENT AGREEMENT WITH EARTHLY DELIGHTS (STATE THEATER PROJECT) Lisa McClure, Interim EDA Director, presented before the Council. Ms. McClure stated that this agreement is between the City and the company that will be owning the State Theatre. This agreement is the final piece that needs to be completed to finalize the project. Ms. McClure informed the Council that the business subsidy agreement, which was previously approved by the Council, is within the redevelopment agreement. The owners of Earthly Delights intend to close on the property at the end of the month. Marc Sebora stated that the City is well protected and the Company meets all insurance requirements. The City is not committed until the Company actually owns the property. Motion by Peterson, second by Arndt, to approve granting business subsidy and redevelopment agreement with Earthly Delights for the State Theatre Renovation Project. Motion carried unanimously. 9. NEW BUSINESS (a) CONSIDERATION FOR APPROVAL OF REMAINING VEHICLE REPLACEMENTS John Olson, Assistant Public Works Director, presented before the Council. Mr. Olson explained that eguipment has been assigned to staff members for snow removal purposes. Due to this type of orgamzation, Mr. Olson is requesting that the Council approve the vehicle replacement schedule for what is needed for this winter. The system of bidding was used for this purpose. Motion by Peterson, second by Haugen, to approve replacing remaining fleet vehicles on replacement schedule. Motion carried unanimously. 3 CITY COUNCIL MINUTES - SEPTEMBER 9, 2003 (b) CONSIDERATION FOR APPROVAL OF ENTERING INTO CONSULTING CONTRACTS WITH SRF CONSULTING John Rodeberg, Director of Engineering/Public Works, presented before the Council. Mr. Rodeberg explained that SRF Consulting is the City's main transportation consultant. Mr. Rodeberg is requesting that the Council approve entering into consulting agreements with SRF for the Edmonton Avenue project and Golf Course Road project to outline routes for these roads. These projects will be major road links in the future. SRF will be used for aligning these road connections. The total fee for both of these projects is proposed to be $17,000. The designs will be based on current storm sewer capacity. Mr. Arndt suggested placing a larger pipe in the Golf Course Road area near Modern Mazda to solve flooding issues and be ready to tie into other areas. General discussion was held regarding the storm sewer system in the Rolling Meadows East area. General discussion of underpasses was held and placements along Highway 7. Motion by Haugen, second by Arndt, to approve entering into consulting contract with SRF Consulting for Edmonton Avenue project and Golf Course Road project. Motion carried unanimously. (c) CONSIDERATION FOR APPROVAL OF SETTING INFORMATIONAL MEETING WITH DOWNTOWN BUSINESS OWNERS TO DISCUSS SPECIAL SERVICE DISTRICT NO. 1 (KAY PETERSON AND BILL ARNDT) Bill Arndt explained that he and Kay Peterson have met with various downtown property owners and have received several ideas regarding the downtown Special Service District. Their idea is to bring all of the property owners together and have a facilitator bring out discussion amongst the property owners. Mr. Arndt can sense the division on this issue amongst the property owners. Kay Peterson explained that the action being requested is to schedule a meeting with the downtown property owners prior to the next Council meeting. Ms. Peterson stated that no matter what happens, her goal is to bring the downtown property owners together to use the Downtown Master Plan and make the downtown successful. The Council would not conduct the meeting, however would be more like observers of the meeting. Motion by Peterson, second by Arndt, to set informational meeting for September 17,2003, at 7:00 p.m. at the Event Center. Motion carried unanimously. 10. MISCELLANEOUS (a) COMMUNICATIONS John Rodeberg - Mr. Rodeberg explained that the City and MnDOT are working together on the Highway 15 Corridor regarding traffic signals, retaining walls, etc. Mr. Rodeberg also requested that two council members sit in on a meeting September 25,2003, at 2:00 p.m. to hear an update on an addition to the HATS facility. Feedback will need to be received to ensure that staff is moving in the right direction with this project. Jim Haugen and Kay Peterson will attend. Mr. Rodeberg further stated that the City is contracting with a contractor to complete the alley project behind the post office. Approximately $6000-$8000 will be needed to complete the improvements. Gary Plotz - Mr. Plotz explained that staff and the City of Minneapolis are currently working on the language in the contract between the two entities for the hauling of Minneapolis ' s leaves. The City is also conducting testing at the transfer site in Minneapolis. Bagging will also be happening at the compost site to meet current orders. Mr. Plotz also informed the Council that retired Rep. Ness is assisting Congressman Colin Peterson. Mr. Plotz and Mayor Torgerson met with Mr. Ness and Mr. Peterson and discussed federal grant 4 CITY COUNCIL MINUTES - SEPTEMBER 9, 2003 opportunities. Bill Arndt - Mr. Arndt informed the public to attend the river meeting at the event center on September 11,2003, at 6:30 p.m. The purpose is to discuss improving the Crow River. This meeting will be taped. Jim Haugen - Mr. Haugen asked Mr. Rodeberg asked if there had been any feedback regarding crossing at 2nd Avenue and Lynn Road. Mr. Rodeberg stated that things have been going very well and the remainder of the project is to be completed October 1,2003. He thanked the residents along this route for their patience and understanding. Mr. Rodeberg explained that new handicap ramps have been installed due to federal regulations. Marc Sebora - Mr. Sebora asked the Council if there is a more efficient way to address the issue of citizens that want to be placed on the Council agenda and that do not provide much background information as to their topic of discussion. Mayor Torgerson suggested contacting the League of Minnesota Cities to see what their recommendation is. He will approach them at the Mayors Convention later this fall. Melissa Starke, Recording Secretary, informed the Council that a gentleman had stopped in the office earlier in the day regarding parking issues he has in his neighborhood. This gentleman lives on Prairie View Drive and informed her that he has a neighbor that has at least three cars parked in a line on the street, which is on a curve and makes for poor visibility. He also stated that these cars all leak a great amount of oil and may be damaging the road. Since there is not a current ordinance that specifically addresses these issues, it was recommended that John Rodeberg' s staff review the situation and deal with the gentleman's concerns. 11. CLAIMS. APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS A Motion by Peterson, 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 Arndt, to approve and authorize payment of V erified Claims B from appropriate funds. Motion carried unanimously. HCVN representative asked if the Council would like the informational meeting to be taped on September 17. The Council answered in the affirmative. 12. ADJOURN With no further business to discuss, the meeting adjourned at 7:00 p.m. 5