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05-24-2005 CCM MINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, MAY 24, 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 Gary Plotz, City Administrator, 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 MAY 10,2005 (b) CONTINUED MEETING OF MAY 13, 2005 (c) BID OPENING MINUTES OF MAY 13,16, & 20, 2005 Motion by Arndt, second by Haugen, to approve the minutes as presented. Motion carried unanimously. 5. CONSENT AGENDA (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. HUTCHINSON HOUSING & REDEVELOMENT AUTHORITY BOARD MINUTES FROM APRIL 19,2005 2. PLANNING COMMISSION MEETING MINUTES FROM APRIL 19,2005 3. PIONEERLAND LIBRARY SYSTEM BOARD MINUTES FROM FEBRUARY 17,2005 4. CITY OF HUTCHINSON GENERAL FUND FINANCIAL REPORT FOR APRIL 2005 5. WATER, SEWER, COMPOST, RECYCLING, REFUSE FINANCIAL REPORT FOR APRIL 2005 6. CITY OF HUTCHINSON INVESTMENT REPORT FOR APRIL 2005 (b) RESOLUTIONS AND ORDINANCES 1. RESOLUTION NO. 12729 - RESOLUTION ACCEPTING DONATION FROM HUTCHINSON JAYCEES FOR TRAFFIC CONES AND BARRICADES 2. RESOLUTION NO. 12730 - RESOLUTION FOR PURCHASE (GRIT PUMPS, BAGGING PALLETS, PEAT, PALLET SOCKS & WRAP, BITCON GRINDING, FUEL AND PRINTING PLATES) ( c) PLANNING COMMISSION ITEMS 1. CONSIDERATION OF AN EIGHT-LOT PRELIMINARY PLAT TO BE KNOWN AS FRASERS SUBDIVISION AND REZONING FROM R1 TO R2 SUBMITTED BY BRANDON FRASER LOCATED SOUTH OF MCDONALD DRIVE SW WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (ADOPT RESOLUTION NO. 12715 AND WAIVING FIRST CITY COUNCIL MINUTES - MAY 24, 2005 READING AND SETTING SECOND READING AND ADOPTION OF ORDINANCE NO. 05-0409 FOR JUNE 14, 2005) 2. CONSIDERATION OF A VARIANCE TO REDUCE REAR SETBACK TO THREE FEET AND CORNER SIDE SETBACK TO ZERO FEET LOCATED AT 345 WASHINGTON AVENUE WEST FOR THE CONSTRUCTION OF A 26' X 32' DETACHED GARAGE WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (ADOPT RESOLUTION NO. 12716) 3. CONSIDERATION OF A CONDITIONAL USE PERMIT TO ALLOW CONSTRUCTION OF A 36' X 60' DETACHED GARAGE OVER 16' IN HEIGHT ON ONE END REQUESTED BY JEFFERY SMITH, 1020 DALE STREET SW WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (ADOPT RESOLUTION NO. 12717) 4. CONSIDERATION OF A SIX-LOT PRELIMINARY PLAT FOR THE CONSTRUCTION OF THREE TWIN HOMES SUBMITTED BY JAY PETTIT LOCATED ON THE CORNER OF CLEVELAND AVENUE SW AND SUNSET STREET SW WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (ADOPT RESOLUTION NO. 12718) 5. CONSIDERATION OF A ONE-LOT PRELIMINARY AND FINAL PLAT AND CONDITIONAL USE PERMIT SUBMITTED BY DEAN SNYDER CONSTRUCTION TO ALLOW FOR CONSTRUCTION OF ACULVERS RESTAURANT WITH A DRIVE THRUWINDOWLOCATED ON THE MENARDS PROPERTY ON HWY 15 SOUTH WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (ADOPT RESOLUTION NO. 12719) 6. CONSIDERATION OF A 23-LOT PRELIMINARY AND FINAL PLAT AND PLANNED DEVELOPMENT DISTRICT TO BE KNOWN AS SUMMERSET FOURTH ADDITION LOCATED IN THE SUMMERSET THIRD ADDITION PLAT WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (ADOPT RESOLUTION NO. 12693 AND WAIVE FIRST READING AND SET SECOND READING AND ADOPTION OF ORDINANCE NOS. 05-0406 & 05- 0407 FOR JUNE 14, 2005) (d) CONSIDERATION FOR APPROVAL OF TEMPORARY LIQUOR LICENSE FOR MCLEOD COUNTY VOITURE 414 ON JULY 2,2005, AT MCLEOD COUNTY FAIRGROUNDS (e) CONSIDERATION FOR APPROVAL OF TEMPORARY LIQUOR LICENSE FOR AMERICAN LEGION POST 96 ON JUNE 9 - 11,2005, AT MCLEOD COUNTY FAIRGROUNDS (f) CONSIDERATION FOR APPROVAL OF TRANSIENT MERCHANT LICENSE FOR GERALD JOHNSON TO SELL PARADE NOVELTIES ON JUNE 19,2005 (g) CONSIDERATION FOR APPROVAL OF SHORT-TERM GAMBLING LICENSE FOR ST. ANASTASIA CATHOLIC PARISH ON SEPTEMBER 11, 2005, AT ST. ANASTASIA CATHOLIC CHURCH (h) CONSIDERATION FOR APPROVAL OF SHORT-TERM GAMBLING LICENSE FOR FRATERNAL ORDER OF EAGLES FOR SEPTEMBER 10,2005, AT BEST WESTERN VICTORIAN INN (i) CONSIDERATION FOR APPROVAL OF VFW POST 906/AMERICAN LEGION POST 96 PARADE PERMIT MAY 30, 2005 (j) CONSIDERATION FOR APPROVAL OF ADVERTISING FOR CHIEF (SENIOR) WASTEWATER OPERATOR POSITION (k) LETTING NO.7, PROJECT NO. 05-07 (MICHIGAN STREET) AND 05-09 (SECOND AVENUE SW)- DECLARING COST TO BE ASSESSED & ORDERING PREPARATION OF PROPOSED ASSESSMENT AND SETTING HEARING ON PROPOSED ASSESSMENT 2 CITY COUNCIL MINUTES - MAY 24, 2005 (1) LETTING NO. 15, PROJECT NO. 05-17 (ROLLING MEADOWS EAST) - DECLARING ADEQUACY OF PETITION & ORDERING PREPARATION OF REPORT AND RECEIVING REPORT & WAIVING HEARING ON IMPROVEMENT Items 5(b) 1, 5(b )2, and 5( c) 1 were pulled for further discussion. Motion by Peterson, second by Arndt, to approve the consent agenda with the exception of the items so noted. Motion carried unanimously. Item 5(b)1 was discussed further. Council Member Arndt noted that the Jaycees have offered a gift in the amount of $6000 for the City to purchase additional equipment needed to stage and detour the Water Carnival Grande Day Parade down Main Street. Dave Kraemer, Jaycee Water Carnival Commodore stated that the Jaycees and Citizens Bank have put together funds in the amount of $6000 for the City to purchase cones and barricades to detour the parade onto Main Street. The Jaycees would like the parade route to remain permanently on Main Street. Motion by Arndt, second by Peterson, to approve Item 5(b)1, Resolution No. 12729, Accepting Donation from Hutchinson Jaycees for the Purchase of Cones and Barricades for the Jaycee Water Carnival Parade. Motion carried unanimously. Item 5(b)2 was discussed further. Mayor Cook asked ifthe bitcon grinding on the resolution was the actual grinding price. Gary Plotz noted that this is the price for grinding which is resold at a higher price. Mayor Cook also asked about the fuel purchase and asked ifE85 fuel may be able to be used in the future. John Rodeberg noted that an analysis has been done on the use ofE85 fuel and it appears in the future the use of it may become more efficient. Motion by Haugen, second by Arndt, to approve Resolution No. 12730, resolution for purchase. Motion carried unanimously. Item 5( c) 1 was discussed further. Mayor Cook noted that much discussion was held on this item at the Planning Commission meeting, although it was passed unanimously. Julie Wischnack, Director of Planning/Zoning/Building, stated that the item that was approved was an 8-10t preliminary plat located on McDonald Drive. Ms. Wischnack explained that the road that the plat plans to be on is a city street and cannot be developed until the City vacates it. Ms. Wischnack also explained issues surrounding a master plan done on this area in 1993. Discussion was held regarding traffic concerns on McDonald Drive. Brandon Fraser, applicant, presented before the Council. Mr. Fraser noted that 10 single family homes could also be platted on this piece, however what he is proposing is a minimum lot size of93', consisting of twin homes. He expressed that he feels twin homes are a better option as the market for these types of homes typically attract retired couples or single individuals who, on average, generate a small amount of traffic. Motion by Arndt, second by Stotts, to approve Resolution No. 12715, and set second reading and adoption of Ordinance No. 05-0409 for June 14,2005. Motion carried unanimously. 6. PUBLIC HEARINGS - 6:00 P.M. (a) LETTING NO.1, PROJECT NO. 05-01 (NC TRUNK SANITARY SEWER/TARTAN PARK LIFT STATION ACCESS ROAD) - ORDERING IMPROVEMENT Kent Exner, City Engineer, presented before the Council. Mr. Exner explained that this is a project that is being revisited due to funding issues. Mr. Exner described the existing conditions of Tartan Park which include a hidden entrance at the end of 4th Avenue SE, lack of pede strianlbi cycle route into area from the south and an existing entrance and maintenance roads conflict and are not delineated. Mr. Exner then explained that the proposed improvements include a highly visible entrance off of 5th Avenue SE, appropriate turn lanes on 5th Avenue and entrance road, trail into Tartan Park/VMF from the south, pedestrian crossing from south side of 5th Avenue by 3M to a new trail, install necessary storm sewer improvements and smoothen the railroad bed and 5th Avenue ditch slopes. The estimated proj ect costs total $131,180. The proj ect will be paid by city bonding. Council Member Arndt asked about the level of material needed on the road. John Rodeberg noted that the 3 CITY COUNCIL MINUTES - MAY 24, 2005 road probably is overbuilt, but not a hindrance. Council Member Arndt also asked about the old Lakes Gas building and noted that it may possibly be useful for the City. Motion by Peterson, second by Stotts, to open public hearing for public comment. Motion carried unanimously. Motion by Arndt, second by Haugen, to close public hearing. Mayor Cook asked why it was necessary to bond for this project now. Mr. Exner noted that it was recommended by the City's financial advisors to bond now to free up money in the wastewater fund. Ken Merrill, Finance Director, clarified that the repayment will come out ofthe water/sewer fund. Mayor Cook suggested that half ofthe project be funded by the sewer fund and the other half be bonded. Motion carried unanimously. Motion by Arndt, second by Peterson, to approve ordering improvement, with half of the project being funded by bonding and the other halfbeing funded by the water/sewer fund. Motion carried unanimously. 7. COMMUNICATIONS. REQUESTS AND PETITIONS (a) CONSIDERATION FOR APPROVAL OF PUBLIC DANCE PERMIT FOR JAKE BANDEMER FOR THE POLKAFEST JUNE 9 -11, 2005 Roger Olson asked if the Council would grant the agreement that was approved last year for security measures. The agreement was that the organization would pay for one day of security, however security would be covered all three days of the PolkaFest. Motion by Arndt, second by Peterson, to approve public dance permit for Jake Bandemer for the Polkafest on June 9 - 11, 2005 and approve that the organization pay for one day of security, however have three days of coverage. Motion carned unanimously. 8. UNFINISHED BUSINESS (a) LETTING NO.8, PROJECT NO. 05-10 (GOLF COURSE ROAD) - PRESENTATION ON ROUNDABOUTS, APPROVING PLANS & SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS John Rodeberg, Director of Pubic Works, noted that this proj ect is on Golf Course Road and the road will be angled down to Modem Mazda that currently sits on Hwy 7. Part ofthis project includes a roundabout. In this specific project, the roundabout will take up less land than a traditional four-way stop. The cost of a roundabout is not significantly higher than a traditional four-way stop. Denny Eiler, SRF Consulting, presented to the Council on roundabouts. Mr. Eiler noted that roundabouts are a growing trend for traffic control in the United States. Mr. Eiler explained that roundabouts are better operations because stopping is not required unless there is a vehicle in your path and there is reduced delay. Additionally there is increased safety. Statistics show that crash reductions are reduced when roundabouts are used. It was noted that additional costs for a roundabout on this project are not too significant John Rodeberg also noted that an open house(s) will be held on educating the public on how to use the roundabouts. Fred Moore, SRF Consulting, noted that they would bid colored pavement as an alternate, which would give the Council an opportunity to review the costs. Motion by Stotts, second by Arndt, to approve plans & specifications and order advertisement for bids on Letting No.8, Project No. 05-10. Motion carried unanimously. 9. NEW BUSINESS ( a) CONSIDERATION FOR APPROVAL OF SETTING PUBLIC HEARING FOR JUNE 14, 2005, AT 6:00 P.M. TO DISCUSS THE ISSUANCE OF HOUSING BONDS BY THE CITY OF FALCON HEIGHTS 4 CITY COUNCIL MINUTES - MAY 24, 2005 Ken Merrill, Finance Director, presented before the Council. Mr. Merrill noted that at a previous workshop the Council discussed issuing housing bonds for a senior housing unit, known as the Pines. Since then, a bond counsel representative has noted that the City of Falcon Heights is willing to issue the bonds instead of the City of Hutchinson. Mr. Merrill requested that the Council set a public hearing for issuance ofthe bonds and then consider entering into ajoint powers agreement with the City of Falcon Heights to issue the bonds. Council Member Haugen asked if this will effect the City's bond qualification. Mr. Merrill noted that it would not as the bonds would be issued in the City of Falcon Heights name. Jessica Cook, Ehlers & Associates, presented before the Council. Ms. Cook explained that this project would be financed by the City of Falcon Heights, however taking place in the City of Hutchinson. Hutchinson is considered the host city of the project granting authority to Falcon Heights. Motion by Peterson, second by Arndt, to set public hearing for June 14,2005, at 6:00 p.m. to discuss the issuance of housing by bonds by the City of Falcon Heights. Ken Merrill noted that details, such as setting fees, would be established following the public hearing. Motion carried unanimously. Brian Nelson, Oppenheimer & Company, presented before the Council. Mr. Nelson noted that his company will be the underwriter for the bonds. Mr. Nelson stated that it would be helpful ifhis company, staff and the financial advisor could work on the fees and such prior to the public hearing. (b) CONSIDERATIONFORAPPROV AL OF ESTABLISHING LIST OF COMMUNITIES IDENTIFIED AS COMPARABLE MARKET FOR CITY OF HUTCHINSON COMPENSATION PLAN Brenda Ewing, Director of Human Resources, presented before the Council. Ms. Ewing explained that the City is currently updating its compensation plan which includes conducting a market study to compare salaries of other communities. A list was established the last time a study was done in 2000. Ms. Ewing reviewed the list of communities with the Council. John Rodeberg noted that he has had concerns with filling some ofthe positions in the area of public works due to the unalignment of the market pay rates. Other cities recommended to be added to the list were Montevideo, Marshall, New Ulm and Willmar. Ms. Ewing noted the City hasn't historically drawn candidates from these communities. Council Member Stotts noted that he was approached by an employee who had concerns about lower level positions not being considered similarly as higher level positions. Ms. Ewing noted that as part ofthe study an internal pay equity study will be conducted to ensure that lower level and higher level positions are not too far separated on the pay scale. Motion by Peterson, second by Stotts, to approve establishing list of communities identified as comparable market for City of Hutchinson compensation plan. Motion carried unanimously. (c) CONSIDERATION OF SETTING SPECIAL MEETING FOR CONSIDERATION OF DOWNTOWN STREETSCAPE John Rodeberg, Director of Public Works, presented before the Council. Mr. Rodeberg explained that the bids have been opened and a low bidder was identified. The low bidder did have a minor irregularity that will be worked out. A request was made to hold a special meeting to consider awarding this project. Motion by Stotts, second by Haugen, to set special meeting for consideration of downtown streetscape project for May 31,2005, at 5:00 p.m. Motion carried unammously. (d) DISCUSSION OF MOSQUITO CONTROL SPRAYING OPERATIONS John Rodeberg, Director of Public Works, presented before the Council. Mr. Rodeberg reminded the 5 CITY COUNCIL MINUTES - MAY 24, 2005 Council that larvae control was put in place this year for mosquito control. Mr. Rodeberg reviewed the ways that a mosquito abatement board could be created and reviewed the positive and negatives that would go along with that. Mr. Rodeberg noted that an annual tax levy could be certified to the county auditor for a mosquito control abatement program. Motion by Arndt, second by Stotts, to review the effectiveness ofthe larvae briquettes this year. Ifthey are not effective, the issue of spraying can be considered with 2006 budget discussions. Ken Merrill cited other options of funding for mosquito spraying if the Council would prefer it be done in 2005. Motion carried unanimously. (e) CONSIDERATION OF SETTING COUNCIL WORKSHOP FOR JUNE 28, 2005, FOR A COST BENEFIT PRESENTATION Gary Plotz, City Administrator, stated that as part ofthe Council objectives, cost benefit analyses would be conducted. A presentation is being recommended on this subject. Julie Wischnack noted that Rusty Fiefield from Hoisington Koegler would be presenting on this topic. Motion by Peterson, second by Arndt, to set Council Workshop for June 28, 2005, at 4:00 p.m. for a cost benefit analysis presentation. Motion carried unanimously. (f) CLOSED SESSION UNDER MINNESOTA STATUTE 13D.05, SUBD. 3(C) TO DETERMINE WHETHER CITY-OWNED LAND SHOULD BE SOLD TO TODD MALENKE, MIDWEST TAE KWON DO, AND TO DETERMINE THE ASKING PRICE THEREIN. SAID LAND SPECIFICALL Y DESCRIBED AS: Lot 2, Block 1, Addition 57, Hutchinson Downtown Redevelopment Todd Malenke, Midwest Tae Kwon Do, presented before the Council. Mr. Malenke stated that he has interest in purchasing city-owned property that is adjacent to Shopko on 1 st Avenue. Mr. Malenke is proposing to purchase 8800 sq. feet. The building he is proposing to construct would house both his martial arts studio as well as a dance studio. In addition, some type of office/retail space may be available. Mr. Malenke offered $37,000 for this 8800 square feet ofland. Motion by Haugen, second by Peterson, to close the meeting to discuss the sale of city-owned land to Todd Malenke. (g) ORDINANCE NO. 05-0408- AN ORDINANCE AUTHORIZING THE SALE OF CITY-OWNED LAND TO TODD MALENKE, MIDWEST T AE KWON DO The meeting reopened at 8:30 p.m. Marc Sebora stated that the purchase price should be reflected in the ordinance. Motion by Stotts, second by Haugen, to sell the entire lot of 15,080 sq. feet of city-owned land to Midwest Tae Kwon Do for $44,700 and set second reading and adoption of Ordinance No. 05-0408 for June 14, 2005. Motion carried unanimously. 10. MISCELLANEOUS (a) COMMUNICATIONS Don Blom, 1056 Jorgenson Street, presented before the Council. Mr. Blom noted that an individual was plotting out a fence to be constructed. Mr. Blom and the neighbors have concerns that no one was notified about this. Julie Wischnack explained the fence ordinance. John Rodeberg noted that this fence is being constructed on city cemetery property to delineate where cemetery property is. Issues have arisen with vehicle encroachment on cemetery property. 6 CITY COUNCIL MINUTES - MAY 24, 2005 Council Member Stotts asked that construction of the fence be held off until the design of the fence can be reviewed by neighboring properties. Mayor Cook noted that a gambling license renewal application was submitted by the Hutchinson Wrestling Club. Motion by Peterson, second by Haugen, to approve the premises permit renewal application of the Hutchinson Wrestling Club. Motion carried unanimously. Bill Arndt - Council Member Arndt noted concerns of turning off of Hwy 15 onto 5th Avenue. Mr. Rodeberg noted that MNDOT would need to approve any traffic regulations. Motion by Arndt, second by Petersog, to direct John Rodeberg to work with MNDOT for traffic regulations at the intersection ofHwy 15 and 5 Avenue. Motion carried unanimously. Council Member Arndt also noted that there was an issue with sludge hauling on a farmer's property. John Rodeberg - Mr. Rodeberg noted that a H~ 15 Coalition meeting wiM be held on May 26th from 10:00 a.m. - 12 noon. Also, Dairy Days is June 3f in Library Square. June 9 an open house will be held for the Chamber of Commerce in the Hutch Hotel. Motion by Peterson, second by Arndt, to set Dairy Days from 11 am -2:00pm for June 3 and Chamber Open House from 10am-7pm on June 9. Motion carried unanimously. 11. CLAIMS. APPROPRIATIONS AND CONTRACT PAYMENTS Motion by Arndt, second by Haugen, to pay claims, appropriations and contract payments. Motion carried unanimously. 12. ADJOURN With no further business to discuss, a motion was made by Arndt, seconded by Haugen to adjourn at 8:45 p.m. 7