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08-10-2004 CCM MINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, AUGUST 10,2004 1. CALL TO ORDER - 5:30 P.M. Mayor MarlIn Torgerson called the meeting to order. Members present were Kay Peterson, Jim Haugen and Bill Arndt. Member absent was Casey Stotts. Others present were Gary Plotz, City Administrator, Marc Sebora, City Attorney and John Rodeberg, Director of Public Works. 2. INVOCATION - Due to the absence of the pastor, the invocation was dispensed. 3. PLEDGE OF ALLEGIANCE . INTRODUCTION OF MICHAEL KUMM, HUTCHINSON UTILITIES COMMISSION GENERAL MANAGER 4. MINUTES (a) REGULAR MEETING OF JULY 27,2004 (b) BID OPENING MINUTES OF AUGUST 3, 2004 Minutes were approved as presented. 5. CONSENT AGENDA (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. FIRE DEPARTMENT MONTHLY REPORT FOR JULY 2004 2. HUTCHINSON PUBLIC LIBRARY BOARD MINUTES FROM MAY 24,2004 3. HUTCHINSON UTILITIES COMMISSION FINANCIAL REPORT FOR JUNE 2004 4. BUILDING DEPARTMENT MONTHLY REPORT FOR JULY 2004 5. P ARKS, RECREATION & COMMUNITY EDUCATION BOARD MINUTES FROM JUNE 7,2004 (b) RESOLUTIONS AND ORDINANCES 1. RESOLUTION NO. 12491 - RESOLUTION TO SELL AT AUCTION UNCLAIMED PROPERTY 2. RESOLUTION NO. 12492 - RESOLUTION TO SELL FORFEITED PROPERTY 3. RESOLUTION NO. 12493 -RESOLUTION DESIGNATING THE LOCATION OF THE POLLING PLACE FOR ALL CITY PRECINCTS AND APPOINTING JUDGES FOR THE 2004 CITY OF HUTCHINSON AND PRIMARY AND GENERAL STATE ELECTIONS 4. RESOLUTION NO. 12499 - RESOLUTION ACCEPTING PLEDGED SECURITIES FROM FIRST MINNESOTA BANK 5. ORDINANCE NO. 04-382 - AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF HUTCHINSON FOR A PROPERTY TO BE REZONED FROM R-1 PDD TO R-4 PDD AS REQUESTED BY DEAN BLOEMKE AND DALE TAUER OF WELCOME TO OUR CITY COUNCIL MINUTES-AUGUST 10,2004 HOME SECOND ADDITION (SECOND READING AND ADOPTION) (c) PLANNING COMMISSION ITEMS 1. CONSIDERATION OF FINAL PLAT TO BE KNOWN AS MEADOW LINKS VIEW SUBMITTED BY RICHARD HAUSLADEN WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (ADOPT RESOLUTION NO. 12494) 2. CONSIDERATION OF FINAL PLAT TO BE KNOWN AS WELCOME TO OUR HOME SECOND ADDITION SUBMITTED BY DEAN BLOEMKE AND DALE TAUER WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (ADOPT RESOLUTION NO. 12495) (d) CONSIDERATION FOR APPROVAL OF 30TH ANNUAL ARTS & CRAFTS FESTIVAL TO BE HELD SEPTEMBER 17-18,2004, IN LIBRARY SQUARE AND SURROUNDING STREETS (e) CONSIDERATION FOR APPROVAL OF AWARDING BID FOR FORD F-750 CAB/CHASSIS Motion by Haugen, second by Peterson, to approve consent agenda. Motion carried unanimously. 6. PUBLIC HEARINGS - 6:00 P.M. (a) CONSIDERATION OF VACATION OF STREET AND UTILITY EASEMENTS IN THE WELCOME TO OUR HOME ADDITION John Rodeberg, Director of Public Works, explained that the developers have submitted a replat of this addition and staff and the Planning Commission have approved it. This item of action is due to the replat and all necessary easements and utilities will be retained for the city's purposes. Motion by Arndt, second by Peterson, to close public hearing. Motion carried unanimously. Motion by Arndt, second by Haugen, to approve vacating street and utility easements in the Welcome to Our Home addition. Motion carried unanimously. (b) ASSESSMENT ROLL NO. 5070, LETTING NO.3 - PROJECT NO. 04-03 (JEFFERSON STREET SE EXTENSION) - ADOPTING ASSESSMENT John Rodeberg, Director of Public Works, presented before the Council. Mr. Rodeberg explained that this project includes a portion of Jefferson Street and Edmonton Avenue. The main reason for this project is due to subdivision agreements with private developers and private homeowners that are currently outside the city limits. The total cost of the project is approximately $475,000. The City is paying for approximately 60% of the project. Mr. Rodeberg explained how the assessment distributions were calculated. Mr. Rodeberg also explained how the assessments become activated for those residents outside the city limits. Bill Arndt asked why we just don't complete the entire length of Jefferson Street to Airport Road. Mr. Rodeberg explained that initially the City only went as far south as the city limits extend and are now doing this extension because of the new developments going in on Jefferson Street and Edmonton Avenue. Mr. Rodeberg felt the risks and costs are too high to go outside the city limits without knowing what the city's infrastructure needs are. 2 CITY COUNCIL MINUTES-AUGUST 10,2004 Mr. Rodeberg explained that this project is almost completed but there are issues with getting the contractors back to the area to do the finishing stages. There expected completion date should be before September 1, 2004. Becky Albrecht, Jefferson Street resident, presented before the Council. Ms. Albrecht stated that she and her husband are appealing their assessment, which totals $86,000. The developers' assessments are half of what the Albrecht's are. Mr. Rodeberg stated that he will meet with the Albrechts to work on adjusting their assessment roll. Kay Peterson requested a comparison between the Albrechts' property and the two developments going in on Jefferson Street be presented to see where the differences are. Motion by Peterson, second by Arndt, to close public hearing. Motion carried unanimously. Motion by Peterson, second by Arndt, to adopt assessment of Letting no. 3, Project No. 04-03, with the exception of the Albrecht property. An update will be given at the next City Council meeting. Motion carried unanimously. (c) ASSESSMENT ROLL NO. 5071, LETTING NO. 11 - PROJECT NO. 04-13 (12TH AVENUE NW) - ADOPTING ASSESSMENT - ACCEPTING BID & AWARDING CONTRACT John Rodeberg, Director of Public Works, stated that the drivers for this area are a new platted development and property with no sanitary sewer service. There are four lots included in this project. One lot owned by the Plowmans is being assessed approximately' $2000 which will be deferred because of no short-term benefit. Another lot, owned by Basemans, wIll be assessed approximately $14,000, again deferred. The Hausladens lot's assessments are approximately $16,500, which will be activated immediately and the Meadows lot's assessments are approximately $14,000. The City will be paying approximately $12,000. The deferments will be indefinite unless parcel is sold, split or developed. Bob Baseman asked about the deferred assessments ifhe only sold a portion of the lot. The full assessments would be imposed if the lot was sold. Discussion was held regarding multiple services going into one lot and subdivided lots. Motion by Arndt, second by Haugen, to close public hearing. Motion carried unanimously. Kay Peterson expressed that she would like more research done on the current assessment policy. Motion by Arndt, second by Haugen, to adopt assessment and accept bid and award contract for Letting No. 11, Project No. 04-13 as presented. Kay Peterson again requested that more information be given in relation to benefits of property as regulated by state law. John Rodeberg stated that the policy can be reviewed prior to next year's projects. Motion carried unanimously. 7. COMMUNICATIONS, REQUESTS AND PETITIONS 8. UNFINISHED BUSINESS (a) CONSIDERATION FOR APPROVAL OF ISSUING MASSAGE LICENSE TO BRAD & KIM COMBS OF THE WHITE FEATHER, INC. AND CONSIDERATION OF REVISING HUTCHINSON CITY ORDINANCE 6.43 SUBD. 6 "RESIDENT MANAGER OR AGENT" Marc Sebora, City Attorney, reminded the Council that this item was considered at the last City Council meeting. Mr. Sebora further reminded the Council that current city ordinance requires that the manager or agent of a massage facility be a resident of the city of Hutchinson. Mr. Sebora spoke with Lt. Erlandson regarding this issue and Lt. Erlandson prefers that a city resident remain as the manager or agent of a massage facility, however this agent does not necessarily need to be specifically tied with the busIness. In reference to this specific application, the owner of the building could be listed as the manager or agent of the White Feather. The owner of the building is a resident of the City of Hutchinson. 3 CITY COUNCIL MINUTES-AUGUST 10,2004 Motion by Peterson, second by Haugen, to approve the massage license for the White Feather with the owner of the building being indicated as the manager/agent of the facility. Motion carried unanimously. Mr. Sebora will revise this section of the ordinance with specific guidelines and will be presented at a future meeting. 9. NEW BUSINESS (a) CONSIDERATION OF RESETTING SEPTEMBER 14, 2004, CITY COUNCIL MEETING DUE TO PRIMARY ELECTION Motion by Arndt, second by Haugen, to reset September 14, 2004, City Council meeting to 4:30 p.m. Motion carried unanimously. 10. MISCELLANEOUS (a) COMMUNICATIONS Gary Plotz - Mr. Plotz updated the Council that an ad hoc committee has been created to discuss the Park Elementary vacation issue. A few meetings have been held to brainstorm ideas to satisfy the needs of the school district, the city and surrounding property owners. Different ideas are being discussed in relation to the City taking over the building if the school vacates it. Marc Sebora stated that these meetings have been very positive and a mutually agreeable solution appears to be attainable. Some type of action will be had by the Council at the next City Council meeting. John Rodeberg - Mr. Rodeberg stated that fhings are moving along nicely with the Highway' 7 project and the wastewater treatment plant proj ect. Mr. Rodeberg reminded the Council that numbers wIll be budgeted in 2005 for mosquito control. Mr. Rodeberg also updated the Council on the railroad ties removal. Mr. Rodeberg clarified that the money being spent on the railroad property purchase goes directly to the McLeod County Rail Authority. Marlin Torgeron - Mayor Torgerson reminded the Council that the League of Minnesota Cities conference will be held October 10-12, 2004, in Duluth. Gary Plotz - Mr. Plotz also updated the Council on j oint entity efforts which include sharing services with the Hutchinson Utilities Commission on informational services and human resources services. Due to these shared services, the HUC will be contributing 25% to the salary of the Director of Human Resources. In addition, shared software may be used in the future for financial and billing purposes. 11. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS Motion by Haugen, second by Arndt, to approve claims, appropriations and contract payments. Motion carried unanimously. 12. ADJOURN With no further business to discuss, the meeting adjourned at 6:40 p.m. 4