05-10-2005 CCM
MINUTES
REGULAR MEETING - HUTCHINSON CITY COUNCIL
TUESDAY, MAY 10,2005
1. CALL TO ORDER - 5:30 P.M.
Mayor Steve Cook called the meeting to order. Members present were Bill Arndt, Kay Peterson, Jim Haugen
and Casey Stotts. Others present were Ken Merrill, Finance Director, Marc Sebora, City Attorney and John
Rodeberg, Director of Public Works.
2. INVOCATION - Due to the absence ofF ather Bill Sprigler, St. Anastasia Catholic Church, the invocation was
dispensed.
3. PLEDGE OF ALLEGIANCE
4. MINUTES
(a) REGULAR MEETING OF APRIL 26, 2005
Motion by Arndt, second by Stotts, to approve minutes as presented. Motion carried unanimously.
5. CONSENT AGENDA
(a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS
1. PUBLIC LIBRARY BOARD MINUTES OF MARCH 28,2005
2. BUILDING DEPARTMENT MONTHLY REPORT FOR APRIL 2005
3. FIRE DEPARTMENT MONTHLY REPORT FOR APRIL 2005
4. HUTCHINSON UTILITIES COMMISSION FINANCIAL REPORT FOR MARCH 2005
(b) RESOLUTIONS AND ORDINANCES
1. RESOLUTION NO. 12710 - RESOLUTION REQUESTING RESTRICTED PARKING ALONG
FIRST AVENUE SE DURING THE FARMERS MARKET SEASON
2. RESOLUTION NO. 12711-RESOLUTIONREQUESTING USE OF CITY RIGHT-OF-WAY FOR
FARMERS MARKET
3. ORDINANCE NO. 05-0403 - CONSIDERATION OF AMENDMENT TO THE ZONING
ORDINANCE TO CONDITIONALLY ALLOW DRIVE-THRU SERVICE WINDOWS IN THE C3
DISTRICT REQUESTED BY CHRISTIAN OCHSENDORF (SECOND READING AND
ADOPTION)
4. ORDINANCE NO. 05-0404 - CONSIDERATION OF A REZONING FROM R4 TO R3 LOCATED IN
HUSKI ADDITION SUBMITTED BY SAND COMPANIES (SECOND READING AND
ADOPTION)
5. ORDINANCE NO. 05-0405 - CONSIDERATION OF A VACATION OF EASEMENTS TO ALLOW
FOR CONSTRUCTION OF A TEAHOUSE/GARDEN SHED OVER THE EASEMENT LINE
LOCATED AT 1125 WEST SHORE DRIVE SW SUBMITTED BY LA VONNE HANSEN (SECOND
READING AND ADOPTION)
(c) CONSIDERATION FOR REAPPOINTMENT OF BARRY ANDERSON TO THE POLICE
COMMISSION TO MAY 2008
CITY COUNCIL MINUTES - MA Y 10, 2005
(d) LETTING NO.8, PROJECT NO. 05-10 (GOLF COURSE ROAD) - APPROVING PLANS &
SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS
(e) LETTING NO.1, PROJECT NO. 05-01 (NORTH CENTRAL TRUNK SANITARY SEWER) -
RECEIVING REPORT AND ORDERING HEARING ON IMPROVEMENT
Items 5(b) 1 and 5( d) were pulled for further discussion.
Motion by Haugen, second by Arndt, to approve consent agenda with the exception ofItems 5(b) 1 and 5( d).
Motion carried unanimously.
Item 5(b) 1 was discussed further. Council Member Stotts asked if the southbound turning lane on Main
Street at First Avenue could be blocked off as well during the Farmers Market. He has noticed that drivers
will go into the turning lane, not realizing that First Avenue is closed. They then have to attempt to veer
back into traffic and this causes safety issues. Dan Hatten, Chief of Police, stated that this would be looked
into.
Crystal Faust, EDA Intern, stated that the Downtown Association has purchased a "No Parking" sign to be
placed on First Avenue advertising the parking restrictions and parking restriction hours.
Motion by Peterson, second by Stotts, to approve parking restrictions on First Avenue SE during the
Farmers Market, adopting Resolution No. 12710. Motion carried unanimously.
Item 5( d) was discussed further. Mayor Cook asked if a roundabout is part of this bid or if that would be a
separate bid. John Rodeberg stated that at this time it is not part of the advertisement for bids, but a
presentation could be made giving more information on roundabouts at a future Council meeting. Action on
this item could be deferred until that presentation is heard.
Motion by Arndt, second by Haugen, to table this item to the May 24,2005, City Council meeting. Motion
carried unanimously.
6. PUBLIC HEARINGS - 6:00 P.M.
(a) LETTING NO. 10, PROJECT NO. 05-12 (PLAZA 15 PARKING LOT) - ORDERING IMPROVEMENT
& PREPARATION OF PLANS & SPECIFICATIONS; APPROVING PLANS & SPECIFICATIONS AND
ORDERING ADVERTISEMENT FOR BIDS
Kent Exner, City Engineer, presented before the Council. Mr. Exner reviewed the existing conditions which
include a lack of landscaping/delineation features, low level of lighting, very high maintenance, a lack of
designated bus loading/unloading area, severely deteriorated pavement surface, concrete curb & gutter
cracked with settlement and very limited, undersized storm sewer system.
The proposed improvements include the main parking area only and will be staged to allow 1/3 to Y2 ofthe
lot to be used at all times. The improvements to the parking lot include completely removing the existing
pavement, aggregate base and concrete curbing/integral sidewalk; grade the parkmg to provide adequate
drainage; construct a concrete bus entrance area; place aggregate base, drain tile and bituminous surface
with new concrete curb and gutter/sidewalk; provide appropriate landscaping features where possible; and
additional handicapped parking and accesses will be included.
Improvements to the utilities include upgrading the storm sewer system, connecting roof drains to storm
sewer and repair related sidewalk, provide adequate lighting and install conduits for future security devices.
The City and Hospital will split the costs ofthe entire project. The estimated project cost is $905,200, with
2/3 of it being assessed to the hospital. Construction is being proposed to begin in early July.
John Rodeberg noted that the hospital has requested that the cost be reduced. Staff is looking into ways to
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reduce costs, but want to build it appropriately.
Motion by Arndt, second by Peterson, to close public hearing. Motion carried unanimously.
Motion by Peterson, second by Arndt, to approve Letting No. 10, Project No. 05-12, prepare plans &
specifications and advertise for bids. Motion carried unammously.
7. COMMUNICATIONS. REQUESTS AND PETITIONS
8. UNFINISHED BUSINESS
(a) CONSIDERATION FOR APPROVAL OF MOTORIZED GOLF CART PERMIT FOR DONALD
TONSBERG
Mayor Cook reminded the Council that action on this item was tabled at the last meeting due to questions
surrounding the safety of the golf cart permit crossing two major highways.
Dan Hatten, Chief of Police, presented before the Council. Mr. Hatten stated that he has met with the
applicant and reviewed the city ordinance with him. The applicant meets all requirements ofthe ordinance
and has agreed to comply with them. The only condition outstanding is that a rearview mirror needs to be
placed on the golf cart.
Motion by Arndt, second by Peterson, to approve motorized golf cart permit for Donald Tonsberg. Motion
carried unanimously.
(b) CONSIDERATION FOR APPROV AL OF PURCHASE AGREEMENT BETWEEN NASH FINCH AND
THE CITY OF HUTCHINSON FOR EXPANSION OF LIQUOR STORE (TABLED FROM APRIL 26,
2005)
Marc Sebora, City Attorney, presented before the Council. Mr. Sebora noted that he had just received the
purchase agreement this afternoon and distributed it to Council Members immediately prior to the meeting.
This agreement is to purchase the portion of the Econo Foods building where Midwest Tae Kwon Do is
currently located. Mr. Sebora also noted that the purchase price is $230,450. Furthermore, title work was
completed on the property and there are no impediments. Mr. Sebora outlined the purchase agreement,
which, among other things, includes the right of the City to inspect the premises and allowing Nash Finch
the right of first refusal. The agreement also assigns the right to the City of being a landlord to Midwest Tae
Kwon Do. In addition, the purchase of this property is considered a lot split and Nash Finch will need to
pay the outstanding property taxes, of which they are agreeable. The agreement will be modified to allow
for recording ofthe plat and construction ofthe premises. Also, modification will be made to the agreement
putting responsibility on the city for reconfiguration of the parking lot.
Mayor Cook noted that he would like to have an opportunity to review the purchase agreement before taking
action.
Motion by Peterson, second by Arndt, to continue discussion ofthis item until following the public hearing.
Motion carried unanimously.
Motion by Peterson, second by Haugen, to continue discussion ofItems 8(b), 8( c), 9(a), 9(b) and 9( c) until
May 13, 2005, at 4:30 p.m. This will allow Council Members an opportunity to review the purchase
agreement prior to taking any formal action. Motion carried unanimously.
(c) CONSIDERATION FOR APPROVAL OF RELOCATION AGREEMENT WITH MIDWEST TAE
KWON DO FOR RELOCATION FROM THE LIQUOR STORE EXPANSION SITE (TABLED FROM
APRIL 26, 2005)
Miles Seppelt, EDA Director, presented before the Council. Mr. Seppelt explained that the city has been
working with a relocation consultant on finding a new location for Midwest Tae Kwon Do. Midwest Tae
Kwon Do has chosen the Fixed Payment Method of a maximum payment of$20,000. The EDA has offered
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an incentive to the business of $7000 for moving out of its current facility by May 1, 2005. In addition, a
temporary location has been found for them in the civic arena.
Action will be considered on this item at the continued May 13,2005, City Council meeting.
9. NEW BUSINESS
(a) CONSIDERATION FOR APPROVAL OF AUTHORIZING PAYMENT TO NASH FINCH RELATED
TO THE ACQUISITION OF PROPERTY FOR THE EXPANSION OF THE MUNICIPAL LIQUOR
STORE
Miles SeppeIt, EDA Director, noted that the purchase price ofthe facility is $230,450, which is a fair market
price agreed upon by both the City and Nash Finch.
Action will be considered on this item at the continued May 13,2005, City Council meeting.
(b) CONSIDERATION FOR APPROVAL OF AWARDING BID AND APPROVING CONTRACT WITH
SHINGOBEE BUILDERS FOR EXPANSION TO THE MUNICIPAL LIQUOR STORE
The lowest bidder for construction ofthe expansion ofthe liquor store was submitted by Shingobee Builders
at $1,131,208. The total cost of the project is estimated at $1.6 million. The city attorney has reviewed the
contract and approved it. A preconstruction meeting is being held May 16, 2005, with construction
proposed to begm on May 23,2005.
Action will be considered on this item at the continued May 13,2005, City Council meeting.ve
(c) CONSIDERATION FOR APPROVAL OF LOT SPLIT TO FACILITATE THE ACQUISITION OF
PROPERTY FOR THE EXPANSION OF THE MUNICIPAL LIQUOR STORE, LOCATED AT 245
WASHINGTON AVENUE EAST
Miles SeppeIt, EDA Director, stated that a lot split needs to occur because ofthe condominium acquisition.
Mr. SeppeIt noted that Midwest Tae Kwon Do has offered to purchase a piece of city-owned property. Once
the issues with the liquor store have been addressed, this item will be brought forward to the Council for
consideration.
Action will be considered on this item at the continued May 13,2005, City Council meeting.
(d) CONSIDERATION FOR APPROVAL OF ACCEPTING PROPOSAL OF LAUMEYER & ASSOCIATES
TO CONDUCT JOB EVALUATION AND COMPENSATION SYSTEM STUDY
Brenda Ewing, Director of Human Resources, presented before the Council. Ms. Ewing explained that three
proposals had been received for providing services of conducting a job evaluation and compensation study.
Laumeyer & Associates meets all of the requirements of the proposal and is less than half the cost of what
the two other applicants were proposing.
Motion by Peterson, second by Stotts, to approve accepting proposal ofLaumeyer & Associates to conduct
job evaluation and compensation system study. Motion carried unanimously.
(e) CONSIDERATION FOR APPROVAL OF ADOPTING RESOLUTION ESTABLISHING JOINT
EXPLORATORY COMMITTEE ON THE REUSE OF PARK ELEMENTARY SCHOOL
Ken Merrill, Finance Director, noted that the School Board had approved this same resolution at its Board
meeting last evening.
Mayor Cook stated that school district staff had contacted city officials and requested that a joint committee
be established that will explore other options for Park Elementary should it no longer be used as a school.
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Motion by Stotts, second by Haugen, to approve adopting Resolution No. 12709, establishing a joint
exploratory committee on the reuse of Park Elementary School. Motion carried unanimously.
10. MISCELLANEOUS
(a) COMMUNICATIONS
Council Member Arndt - Bill Arndt stated a citizen had asked him if a sign stating "Home of Lindsay
Whalen" could be placed along a highway or city street. John Rodeberg stated it is a long process to put up
such a sign, but he will look into it. Council Member Arndt also stated that a business person also asked
him what the city is doing for the business owners along Highway 7 during and after the reconstruction
project. John Rodeberg noted that directional signage will be installed during the improvement project. In
addition, Miles SeppeIt will be in contact with the businesses to determine what their future plans are.
MNDOT is obligated to help with relocation of homeowners and businesses.
Council Member Peterson - Kay Peterson reminded the Council that the Board of Review is scheduled for
May 19,2005, at 4:30 p.m.
John Rodeberg - Mr. Rodeberg stated that a feasibility report came back favorably for the pedestrian
underpass on Hwy 7 West. $1 million has been received in federal funding.
Mayor Cook - Steve Cook noted that the May 16,2005, Hospital Privatization Task Force meeting has been
cancelled and the public forum for the May 23, 2005, has been changed to 6:30 p.m.
Motion by Peterson, second by Arndt, to reset the May 23,2005, public forum to 6:30 p.m. Motion carried
unanimously.
Mayor Cook also noted that there is a groundbreaking ceremony for Crow River Habitat for Humanity on
May 14,2005.
Mayor Cook lastly stated that he feels the issue of mosquito spraying should be discussed further. He
suggested placing it as a topic of discussion at the next Council meeting. John Rodeberg noted that a
presentation and further discussion will be held.
11. CLAIMS. APPROPRIATIONS AND CONTRACT PAYMENTS
Motion by Arndt, second by Peterson, to approve claims, appropriations and contract payments. Motion
carried unanimously.
12. ADJOURN
Motion by Arndt, second by Peterson, to continue the Council meeting to May 13, 2005, at 4:30 p.m.
Motion carried unanimously.
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