04-22-2008 CCMMINUTES
REGULAR MEETING – HUTCHINSON CITY COUNCIL
TUESDAY, APRIL 22, 2008
CALL TO ORDER – 5:30 P.M.
1.
Mayor Cook called the meeting to order. Members present were Casey Stotts, Kay Peterson, Bill Arndt and Jim
Haugen. Others present were Gary Plotz, City Administrator, Kent Exner, City Engineer, and Marc Sebora,
City Attorney.
INVOCATION
2. – Rev. Todd Harris, Oak Heights Covenant Church, delivered the invocation.
PLEDGE OF ALLEGIANCE
3.
PUBLIC COMMENTS
4.
MINUTES
5.
(a)REGULARMEETING OF APRIL 8, 2008
Motion by Arndt, second by Haugen, to approve the minutes as presented. Motion carried unanimously.
CONSENT AGENDA
6.
(a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS
1.HUTCHINSON HOUSING & REDEVELOPMENT BOARD AUTHORITY MINUTES FROM
MARCH 18, 2008
2.PUBLIC LIBRARY BOARD MINUTES FROM FEBRUARY 25, 2008
3.HUTCHINSON PLANNING COMMISSION MINUTES FROM MARCH 18, 2008
4.JOINT PLANNING BOARD MINUTES FROM FEBRUARY 20, 2008
5.CITY OF HUTCHINSON FINANCIAL REPORT FOR MARCH 2008
6.CITY OF HUTCHINSON INVESTMENT REPORT FOR MARCH 2008
(b)RESOLUTIONS AND ORDINANCES
1.RESOLUTION NO. 13377 – RESOLUTION TO SELL AT AUCTION UNCLAIMED PROPERTY
2.RESOLUTION NO. 13378 – RESOLUTION TO SELL AT AUCTION SURPLUS PROPERTY
3. RESOLUTION NO. 13388 - RESOLUTION FOR PURCHASE (SHELTER MATERIALS,
BIODIESEL, UNLEADED GAS)
4. RESOLUTION NO. 13387 – RESOLUTION REVISING CITY OF HUTCHINSON 2008 FEE
SCHEDULE
5. ORDINANCE NO. 08-0499 – AN ORDINANCE ADOPTING THE 2006 EDITION OF THE
INTERNATIONAL PROPERTY MAINTENANCE CODE (SECOND READING AND ADOPTION)
(c) PLANNING COMMISSION ITEMS
1. CONSIDERATION OF CONDITIONAL USE PERMIT TO ALLOW TENT SALES OF FIREWORKS
LOCATED AT WALMART, 1300 HWY 15 SOUTH, REQUESTED BY TNT FIREWORKS WITH
FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION NO.
13376)
CITY COUNCIL MINUTES – APRIL 22, 2008
2. CONSIDERATION OF RIVER OVERLAY DISTRICT DESIGN STANDARDS ORDINANCE AND
DISTRICT BOUNDARIES WITH FAVORABLE PLANNING COMMISSION
RECOMMENDATION (WAIVE FIRST READING OF ORDINANCE NO. 08-0500 AND SET
SECOND READING AND ADOPTION FOR MAY 13, 2008)
(d) CONSIDERATION FOR APPROVAL OF ITEMS FOR TRUNK HIGHWAY 15 AND NORTH HIGH
DRIVE ROUNDABOUT PROJECT (LETTING NO. 1, PROJECT NO. 08-01) – ORDERING
PREPARATION OF REPORT ON IMPROVEMENT, RECEIVING REPORT AND CALLING FOR
HEARING ON IMPROVEMENT)
(e) CONSIDERATION FOR APPROVAL OF PREMISES PERMIT RENEWAL APPLICATIONS FOR
RD
MCLEOD COUNTY VOITURE 414 40&8 LOCATED AT 35 3 AVENUE SE AND ELKS LODGE
2427 LOCATED AT 720 HWY 7 EAST TO OPERATE GAMBLING DEVICES
TH
(f) CONSIDERATION FOR APPROVAL OF ENGINEERING REPORT FOR 5 AVENUE SE RAILROAD
TRESTLE BRIDGE REPLACEMENT
(g) CONSIDERATION FOR APPROVAL OF AIRPORT FIXED BASE OPERATOR CONTRACT
AGREEMENT
(h) CONSIDERATION FOR APPROVAL OF PROJECT AWARD FOR WASTEWATER TREATMENT
FACILITY DRIVE UPGRADE FOR EXISTING BELT FILTER PRESSES (LETTING NO. 15, PROJECT
NO. 08-15)
(i) CONSIDERATION FOR APPROVAL OF TRANSIENT MERCHANT LICENSE FOR RICHARD
SIEPEL, THE COUNTRY STOP, LOCATED AT 945 SOUTH HWY 15
(j) CONSIDERATION FOR APPROVAL OF PARADE PERMIT FOR FOUNDATION FOR CHALLENGED
CHILDREN ON MAY 17, 2008
(k) CONSIDERATION FOR APPROVAL OF ISSUING TRANSIENT MERCHANT LICENSE TO TNT
FIREWORKS FROM JUNE 22, 2008 TO JULY 5, 2008, IN THE WALMART PARKING LOT
(l) CONSIDERATION FOR APPROVAL OF OUT-OF-STATE TRAVEL FOR DAN BLACKWELL AND
RICHARD KOSEK TO ATTEND THE MIDWEST COMPOST SCHOOL IN AMES, IOWA FROM JUNE
9 – 11, 2008
(m) CONSIDERATION FOR APPROVAL OF OUT-OF-STATE TRAVEL FOR MILES SEPPELT TO
ATTEND THE INTERNATIONAL CONFERENCE ON BUSINESS INCUBATION IN SAN ANTONIO,
TEXAS, FROM MAY 3 – 7, 2008
(n) CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS
Items 6(c)2 and 6(f) were pulled for separate action.
Motion by Haugen, second by Stotts, to approve consent agenda with the exception of the items noted
above. Motion carried unanimously.
Item 6(c)2 had further discussion. Mayor Cook noted that earlier this was project was discussed as running
from Bluff Street to Montana Street and the proposal on the agenda appears to be much larger. He feels that
the proposal strays from the original intent of the program/study. The mayor’s preference would be to trim
the area of the project at this time and focus on certain areas separately. Rebecca Bowers,
Planning/Zoning/Building Director, noted that at the staff and Planning Commission level, the feeling was
to have a higher standard for future developed areas. Mayor Cook noted concerns with the requirements of
four-sided architectural standards among other things. Council Member Haugen noted that the Planning
Commission’s view was that it is difficult to pick and choose which sections would be completed and felt
that it should all be completed at one time.
Motion by Peterson, second by Haugen, to approve Item 6(c)2. Roll call vote was taken: Haugen – aye;
2
CITY COUNCIL MINUTES – APRIL 22, 2008
Arndt – aye; Cook – nay; Peterson – aye; Stotts – aye. Motion carried 4 to 1.
Item 6(f) had further discussion. Kent Exner, City Engineer, noted that staff has been reviewing the trestle
bridge directly east of 3M and considered replacement of it. In coordination with McLeod County, staff has
determined that the piers in the channel bed collect debris and logs and can dam things up requiring more
maintenance. A report was completed by a structural engineer whom recommended no piers being removed.
Other considerations staff considered were relocating the McLeod County Bridge #5881 and potentially
installing a new pedestrian trail bridge at this location.
Motion by Peterson, second by Arndt, to approve receiving the report on Item 6(f). Motion carried
unanimously.
PUBLIC HEARINGS – 6:00 P.M.
7.
(a)CONSIDERATION OF ISSUING OFF-SALE 3.2 MALT LIQUOR LICENSE TO ERICKSON OIL
PRODUCTS, INC. LOCATED AT 1100 HWY 15 SOUTH
Motion by Haugen, second by Arndt, to close public hearing. Motion carried unanimously.
Motion by Haugen, second by Stotts, to approve issuing off-sale 3.2 malt liquor license to Erickson Oil
Products, Inc. Motion carried unanimously.
(b)CONSIDERATION OF ISSUING ON-SALE CLUB LIQUOR LICENSE TO FRATERNAL ORDER OF
EAGLES LOCATED AT 1000 HWY 7 WEST
Richard Karl, President of Fraternal Order of Eagles, presented before the Council. Mr. Karl explained that
the club intends to lease the bar and open a restaurant for the public to eat at. Marc Sebora, City Attorney,
noted that he spoke with another member of the Eagles recently, George Hinderaker, and Mr. Sebora
explained to Mr. Hinderaker the requirements of a club liquor license. He further noted that the State
investigator will be meeting with the Eagles as a first-time club licensee.
Motion by Arndt, second by Peterson, to close public hearing. Motion carried unanimously.
Motion by Peterson, second by Stotts, to approve club liquor license to the Fraternal Order of Eagles at 1000
Hwy 7 West in Hutchinson. Motion carried unanimously.
(c) CONSIDERATION OF ITEMS FOR 2008 PAVEMENT MANAGEMENT PROGRAM PHASE 1
PROJECT (LETTING NO. 4, PROJECT NO. 08-04) – ADOPTING ASSESSMENT, ACCEPTING BID
AND AWARDING CONTRACT
Kent Exner, City Engineer, presented before the Council. Mr. Exner noted that R&R Excavating was the
low bidder with a total bid of $626,264.38. The project is mainly an overlay with some curb and gutter on a
th
few streets. Discussion was held related to the access of Pishney Alley by the 4 Avenue residents.
th
Approximately $10/linear foot is being assessed to the 4 Avenue residents for the Pishney Alley
improvements.
Chuck Seibert, 390 Pishney Lane, presented before the Council. Mr. Seibert questioned whom the
properties are that are assessed for the alley improvements. Mr. Exner explained that Mr. Seibert’s lot
actually consists of two lots and he explained how the corner credit was arrived at for the improvements.
Mr. Exner explained how the assessments can be paid.
Motion by Stotts, second by Arndt, to close public hearing. Motion carried unanimously.
Motion by Stotts, second by Cook, to adopt assessment, accept bid and award contract for Letting No. 4,
Project No. 08-04. Motion carried unanimously.
(d) CONSIDERATION OF NORTHEAST TRUNK STORM SEWER PHASE 2 (LETTING NO. 2, PROJECT
NO. 08-02) – ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND
SPECIFICATIONS, APPROVING PLANS AND SPECIFICATIONS AND ORDERING
ADVERTISEMENT FOR BIDS)
3
CITY COUNCIL MINUTES – APRIL 22, 2008
Kent Exner, City Engineer, presented before the Council. Mr. Exner noted that the core of the project is the
storm sewer pond and piping. There is only one property owner to be assessed for this project. The
property is not currently within city limits and the property owner is working through the annexation
process.
Motion by Peterson, second by Arndt, to close public hearing. Motion carried unanimously.
Motion by Arndt, second by Haugen, to order improvement, approve plans and specifications and order
advertisement for bids for Letting No. 2, Project No. 08-02. Motion carried unanimously.
COMMUNICATIONS, REQUESTS AND PETITIONS
8.
(a) CONSIDERATION FOR APPROVAL OF GRANT APPLICATION TO THE MARDAG FOUNDATION
FOR REGIONAL KITCHEN UPGRADE PROJECT AT EVERGREEN SENIOR DINING
Rebecca Bowers, Planning/Zoning/Building Director, presented before the Council. Ms. Bowers explained
that a grant has been made available from the Mardag Foundation to allow for kitchen upgrades to the senior
dining facility.
Motion by Peterson, second by Stotts, to approve Resolution in support of applying for a grant for kitchen
upgrades at the senior dining facility. Motion carried unanimously.
UNFINISHED BUSINESS
9.
(a)CONSIDERATION FOR APPROVAL OF ORDINANCE NO. 08-0495 – AN ORDINANCE EXTENDING
ON-SALE INTOXICATING LIQUOR SALES TO 2:00 A.M. (SECOND READING AND ADOPTION)
Council Member Peterson noted that as long as there is a time limit indicating when patrons need to leave,
she would prefer to leave the liquor sale hours at 1:00 a.m.
Motion by Arndt, second by Cook, to reject Ordinance No. 08-0495 extending the liquor sale hours to 2:00
a.m. Motion carried unanimously.
NEW BUSINESS
10.
(a) CONSIDERATION FOR APPROVAL OF ORDINANCE NO. 08-0501 – AN ORDINANCE
REGULATING OTHER UNLAWFUL ACTS RELATED TO LIQUOR SALES
Marc Sebora, City Attorney, presented before the Council. Mr. Sebora explained that the proposed
ordinance will allow for patrons to remain in establishments until 30 minutes following the last hour of
liquor sales. At that time, all drinks must be off the table and only employees of the establishment can
remain on the premises.
Motion by Stotts, second by Peterson, to approve first reading of Ordinance No. 08-0501. Motion carried
unanimously.
(b) CONSIDERATION OF SETTING 2009 BUDGET WORKSHOP
Gary Plotz, City Administrator, presented before the Council. Mr. Plotz noted that staff would like to have
a budget workshop scheduled to review a revised budget for 2009. Council Member Stotts noted that he
would prefer that department directors present their budget to Gary Plotz and he present the budget to the
Council Members as opposed to the directors individually. Mayor Cook suggested having Gary present the
budget revisions, however have directors present to answer any questions.
Motion by Peterson, second by Haugen, to set 2009 budget workshop for May 13, 2008, at 3:30 p.m.
Motion carried unanimously.
MISCELLANEOUS
11.
4
CITY COUNCIL MINUTES – APRIL 22, 2008
(a)CONSIDERATION FOR APPROVAL OF RESOLUTION AUTHORIZING CITY ADMINISTRATOR
TO EXECUTE REAL ESTATE DOCUMENTS
Marc Sebora, City Attorney, explained that the closing on the Lee property for the storm sewer/pond
project is scheduled for next week. As the City Administrator, Gary Plotz, will be signing off on the
closing documents, however the closing company requires a Resolution from the Council authorizing him
to do so.
Motion by Haugen, second by Peterson to approve Resolution No. 13389. Motion carried unanimously.
Motion by Peterson, second by Cook, to set April 25, 2008, 7:30 a.m. as public meeting to meet with
Senator Norm Coleman at Hutchinson Event Center. Motion carried unanimously
Kent Exner – Mr. Exner noted that a project open house is being held on May 1, 2008, at 5:00 p.m. in the
Council Chambers on the Hwy 15 roundabout project.
Motion by Peterson, second by Arndt, to set May 1, 2008, at 5:00 p.m. as a public meeting. Motion
carried unanimously.
Mayor Cook – Mayor Cook noted that there were some letters to the editor in today’s newspaper in
reference to the city-wide letter that the City mailed out requesting that residents contact legislators related
to local government aid. Some letters indicated non-support of that mailing. Mayor Cook commented on
the hard work the Council has done in the last few years to lower tax rates and general fund expenditures.
Mayor Cook noted that spending has remained stable from last year and the main issue is revenues.
Mayor Cook noted that local government aid does not generate from property taxes as property taxes
remain local. Mayor Cook also noted that local government aid does not fund improvement projects, but
rather day-to-day programs and services. Mayor Cook encouraged residents to continue to contact the
legislators or the governor’s office.
Gary Plotz – Mr. Plotz noted that white good pick up is occurring this week, which is for appliances, hard
goods and electronics. Mr. Plotz explained that three separate trucks pick up the different items. No
appointment is necessary.
ADJOURN
12.
Motion by Peterson, second by Arndt, to adjourn at 7:20 p.m. Motion carried unanimously.
5