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03-23-1999 CCM MINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, MARCH 23, 1999 1. Mayor Torgerson called the meeting to order at 5:30 p.m. Present: Mayor Marlin Torgerson, Council Members Jeff Haag, John Mlinar and Kay Peterson. Absent: Council Member Don Erickson. Also present: City Administrator Gary D. Plotz, Director of Engineering John Rodeberg and City Attorney Marc A. Sebora. 2. Reverend Randy Chrissis gave the invocation. 3. MINUTES The minutes of the regular meeting of March 2, 1999 and bid opening of March 18, 1999 were approved as presented. 4. CONSENT AGENDA (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. BUILDING OFFICIAL'S REPORT FOR FEBRUARY 1999 2. SENIOR ADVISORY BOARD MINUTES OF JANUARY 25,1999 3. PLANNING COMMISSION MINUTES OF FEBRUARY 16,1999 4. HUTCHINSON AREA HEALTH CARE BOARD MINUTES OF FEBRUARY 15, 1999 5. FINANCIAL/INVESTMENT REPORT OF FEBRUARY 1999 (b) RESOLUTIONS AND ORDINANCES 1. RESOLUTION NO. 11174 - RESOLUTION FOR PURCHASE (c) (d) (e) (f) (g) (h) SHORT - TERM GAMBLING LICENSE FOR MCLEOD COUNTY WOMEN'S DUCKS UNLIMITED, CHAPTER 261 TEMPORARY RECYCLING PERMIT FOR CAN MAN 2 OUT-OF-STATE TRAVEL REQUESTS: y DIRECTOR RANDY DEVRIES AND DAVE SIMONS TO REVIEW BIOSOLIDS DRYING FACILITIES IN S. CAROLINA AND FLORIDA (APRIL 14-16, 1999) y SGT. DAVID MUELLER TO ATTEND CONFERENCE IN CHICAGO, IL (MAY 13-15, 1999) WAIVER OF PERMIT FEES OF $673.05 FOR EMERGENCY OPERATIONS CENTER APPOINTMENT OF TIMM GRAGES TO LIGHT TRAFFIC ADVISORY BOARD (SECOND TERM) SUPPLEMENTAL AGREEMENT FOR CROW RIVER DAM REPAIRS CITY COUNCIL MINUTES - MARCH 23, 1999 (i) PLANNING COMMISSION ITEMS: 1. PRELIMINARY AND FINAL PLAT KNOWN AS PRAIRIE SENIOR COTTAGES LOCATED ON BRADFORD STREET SUBMITTED BY MIKE DEMMER WITH FAVORABLE RECOMMENDATION (ADOPT RESOLUTION NO. 11165) 2. CONDITIONAL USE PERMIT TO CONSTRUCT ADDITION AND REPLACE A PORTION ON EXISTING NON-CONFORMING GARAGE 3' FROM PROPERTY LINE LOCATED AT 525 4TH AVENUE SW REQUESTED BY STAN KOCI WITH FAVORABLE RECOMMENDATION (ADOPT RESOLUTION NO. 11166) 3 . VARIANCE TO REDUCE SIDE YARD SETBACK FROM 6' TO 3.5' TO CONSTRUCT ATTACHED GARAGE LOCATED AT 426 JEFFERSON STREET SE REQUESTED BY MICHELLE MEIS WITH FAVORABLE RECOMMENDATION (ADOPT RESOLUTION NO. 11167) 4. VACATION OF EASEMENT LOCATED IN HUTCHINSON INDUSTRIAL CORPORATION PLAT REQUESTED BY HUTCHINSON TECHNOLOGY INC. WITH FAVORABLE RECOMMENDATION (WAIVE FIRST READING OF ORDINANCE NO. 99-250 AND SET SECOND READING FOR APRIL 13, 1999) INTOXICATING LIQUOR LICENSES/SUNDAY LIQUOR LICENSE y APPLEBEE'S NEIGHBORHOOD BAR & GRILL y BEST WESTERNNICTORIAN INN y FLYERS/HI TOPS BAR & GRILL y GOLD COIN, INC. y JONNY'S RESTAURANT & LOUNGE y LAMPLIGHTER LOUNGE II y MAIN STREET SPORTS BAR (j) (k) BOTTLE CLUB (SET -UP) LICENSE y LITTLE CROW BOWLING LANES (HUTCH BOWL) Motion by Mlinar, seconded by Haag, to approve the consent agenda. Motion unanimously carried. 5. PUBLIC HEARING- 6:00 P.M. (a) ASSESSMENT HEARING: LETTING NO.5; PROJECT NO. 99-08/BLOCK 50 ALLEY IMPROVEMENTS The Mayor called the hearing to order at 6:00 p.m. and read the notice of hearing. Rodeberg explained the project would cover Main Street and Block 50 alley improvements. The City share would be $101,101.56 and assessable costs would be $62,932.96. No one was present to be heard regarding this project. (b) ASSESSMENT HEARING: LETTING NO. 10; PROJECT NO. 99-22; 99-23; 99- 24; 99-25; 99-26; 99-27/1999 STREET IMPROVEMENTS 2 CITY COUNCIL MINUTES - MARCH 23, 1999 The Mayor read the notice of hearing for Letting No. 10. Rodeberg reported the wear course paving had been the main concern. He reviewed the street improvement costs in each of the additions. Warren Schwarz, 15 Orchard Avenue SE, stated he was President of the Association. He inquired why street work was being done now. Schwarz commented that during construction there are many contractors loading equipment on the street, and he thought they should be doing loading on their project site. He also noted that developer David Broll was paid $250.00 toward the street cost. (c) LETTING NO.9; IMPROVEMENT PROJECT NO. 99-13; 99-15; 99-16; 99-17; 99-20; 99-28; 99-29; 99-30; 99-31 The Mayor read the notice of hearing for Letting No.9. Rodeberg reported that the three projects, namely No. 99-13,99-15 and 99-16, would have assessments on them. Since the City does not have the time nor funding to do all the projects this year, Project No. 99-16 (Shady Ridge Road) would be deferred until 2000. Project No. 99-13 - Hassan Street SE & Selchow Avenue SE The City Engmeer stated the estimated assessment was $40 - $50 per front foot. A typical 75' wide lot would cost $3,000 - $3,750. He noted there might be an additional cost to lot owners where driveway panels are replaced. Rodeberg commented that since the sanitary sewer line is in good shape, it would not need to be replaced at this time. The sanitary sewer repair can be done from the inside. He also stated that the water mains were the appropriate size. A homeowner on Hassan Street stated the residents wanted the project done. He noted that in the 1980s there was talk about an overcoat, but the economy prevented the work being done. Project No. 99-15 - 5th Avenue SW & Juen?:ens Road SW Rodeberg reviewed the vanous improvements and assessment costs. A gentleman asked when the project would begin and when it would end. The City Engineer responded that the City would advertise for bids and hold an assessment meeting in May. After the project was awarded to a contractor, the work would begin in late May and be completed by September 1, 1999. A representative of the Hutchinson Baptist Church Inc. inquired about the utility power poles. He also asked how the church was hooked up to the sanitary sewer located in that area. Rodeberg replied that the power poles would be relocated at no cost to the residents or church. He stated the City would have to look into the sanitary sewer matter. A gentleman asked about the elevation in the road. He commented that since the road was higher than the church basement, he thought the road should be lowered and the church compensated accordingly. Motion by Haag, second by Peterson, to close the hearing at 6:29 p.m. Motion 3 CITY COUNCIL MINUTES - MARCH 23, 1999 unanimously carried. Motion by Peterson, second by Haag, to approve Letting No.5 and to adopt Resolutions No. 11168 and No. 11169. Motion unanimously carried. Motion by Peterson, second by Mlinar, to approve Letting No. 10 and to adopt Resolutions No. 11170 and No. 11171. Motion unanimously carried. Motion by Mlinar, second by Peterson, to approve Letting No.9, except for Project No. 99-16, and to adopt Resolutions No. 11172 and No. 11173. Motion unanimously carried. Motion by Peterson, second by Haag, to reject Project No. 99-16. Motion unanimously carried. 6. COMMUNICATIONS. REQUESTS AND PETITIONS (a) DISCUSSION OF COUNTY-WIDE TRANSIT BY COUNTY ENGINEER RICK KJONAAS Rick Kjonaas and Gary Sprynczynatyk reported that McLeod County desired to develop and maintain a county-wide public transportation system to serve the needs of all McLeod County residents. Since the McLeod County Commissioners had suggested a parterning with other counties within the first few years of operation, Sibley County had shown an interest to partner with McLeod County to expand their growmg transit system. They stated a Joint Powers Board would govern the merged transit system. No action was taken so that the City Council could give the transit system merger further consideration. 7. UNFINISHED BUSINESS (a) CONSIDERATION OF REVISING MIGHTY DUCKS GRANT RESOLUTION Motion by Mlinar, second by Haag, to approve the revised Resolution No. 11175. Motion unanimously carried. (b) CONSIDERATION OF AGREEMENT WITH CINEMA ONE LLP (DEFERRED FEBRUARY 23, 1999) Motion by Mlinar, second by Peterson to defer. Motion unanimously carried. 8. NEW BUSINESS (a) CONSIDERATION OF CEMETERY FEE INCREASES John Olson, Assistant Public Works Director, made reference to a 1997 state-wide survey of municipal cemetery fees. The survey showed that the fees at Oakland Cemetery were below the average fees of other municipal cemeteries. He also reported there would be a cremation section on the east side ofthe cemetery near the gate. 4 CITY COUNCIL MINUTES - MARCH 23, 1999 Olson recommended approval ofthe proposed cemetery fee increases, to be effective April 15, 1999. It was noted that the cemetery chapel would be available for rental to any group or family that used the services of the cemetery. Since the Dobratz-Hantge Funeral Home invested money into the chapel project, they would be exempt from the fees. Motion by Mlinar, second by Peterson, to approve the cemetery fee increases and adopt the Cemetery Fee Schedule. Motion unanimously carried. (b) CONSIDERATION OF MULTI-JURISDICTIONAL WORKSHOP TO BE HELD MAY 12, 1999 AND SPONSORED BYCHAMBER OF COMMERCE AND CITY OF HUTCHINSON Motion by Haag, second by Peterson, to approve the workshop. Motion unanimously carried. (c) CONSIDERATION OF REQUEST FROM MAINSTREET ASSOCIATION TO HOLD FARMERS MARKET ON FIRST AVENUE SE, BETWEEN MAIN STREET AND HASSAN STREET, FROM MAY 29, 1999 THROUGH OCTOBER 30, 1999 Motion by Haag, second by Peterson, to approve the Farmers Market dates. Motion unanimously carried. (d) CONSIDERATION OF POLICE DEPARTMENT PURCHASING IN-CAR VIDEO SYSTEMS Motion by Mlinar, second by Peterson, to approve the purchase of in-car video systems from Mobile Vision at a total cost of $23,940.00 plus tax. Motion unanimously carried. (e) CONSIDERATION OF AWARDING CONTRACT FOR PURCHASE OF 21 COMPUTERS Motion by Mlinar, second by Peterson, to approve the contract with Bennett Office Products/Computerland in the amount of$29,043.62. Motion unanimously carried. (f) CONSIDERATION OF SETTING WORKSHOP DATE FOR MEETING WITH EHLERS & ASSOCIATES REGARDING 1999 FINANCING ISSUES Motion by Mlinar, second by Peterson, to set a City Council workshop at 4:30 p.m. 5 CITY COUNCIL MINUTES - MARCH 23, 1999 on April 8, 1999. Motion unanimously carried. (g) CONSIDERATION OF ACCEPTING MATCHING GRANT FROM MINNESOTA OFFICE OF ENVIRONMENTAL ASSISTANCE CAPITAL GRANTS PROGRAM It was reported that the City Attorney had reviewed the Solid Waste Processing Grant Agreement and its requirements. It was his recommendation for the City to enter into the State agreement. Motion by Mlinar, second by Haag, to approve the grant and enter into agreement. Motion unanimously carried. (h) CONSIDERATION OF ENTERING INTO PURCHASE AGREEMENT FOR ST. JOHN'S EPISCOPAL CHURCH PROPERTY Motion by Peterson, second by Mlinar to defer. Motion unanimously carried. (i) CONSIDERATION OF REQUEST FOR USE OF CITY'S RIGHT-OF-WAY Motion by Mlinar, second by Haag to table. Motion unanimously carried. (j) CONSIDERATION OF CONSULTING AGREEMENTS WITH SRF CONSUL TING GROUP Y HWY. 15 SOUTH IMPROVEMENTS (LETTING NO.7) Y CENTURY AVENUE/DALE STREET AMENDMENT (LETTING NO.4) Motion by Mlinar, second by Peterson, to approve and enter into contract with SRF Consulting Group. Motion unanimously carried. (k) CONSIDERATION OF CONSULTING AGREEMENT WITH OSM & ASSOCIATES (SECOND AVENUE SE BRIDGE & SCHOOL ROAD UNDERPASS) Rodeberg commented on potential funding available from the State and Federal Government to replace and upgrade the City's two existing deficient bridges. He recommended hiring OSM & Associates to identifY the needs and prepare a summary letter detailing the needs. The proposed costs were $4,000 for Second Avenue SE Bridge and $4,500 for the Luce Line Underpass. Motion made by Haag, second by Peterson, to approve the consulting agreement with OSM & Associates. Motion unanimously carried. (1) CONSIDERATION OF APPROVING SPECIFICATIONS FOR LIBRARY ROOF 6 CITY COUNCIL MINUTES - MARCH 23, 1999 REPAIRS Motion by Haag, second by Peterson, to approve the roof specifications and advertising for bids. Motion unanimously carried. (m) CONSIDERATION OF SUBDIVISION AGREEMENTS FOR ISLAND VIEW HEIGHTS (3RD & 4TH ADDITION) The City Engineer reported there were some minor changes to the subdivision agreements. Since the City could not complete the project this year, Developer William H. Gilk is proposing to design, construct and pay for all improvements on a private basis. The City will review the project for compliance with City standards and specifications and will consider a "Letter of Acceptance" when the improvements are completed to specifications. Rodeberg expressed some concern about the quality ofthe work and issues related to private streets, but he thought they were adequately addressed in the Subdivision Agreements. It was noted that green street signs would be erected on City streets and blue street signs on private roads. Motion by Mlinar, second by Peterson, to approve the subdivision agreements with William H. Gilk. Motion unanimously carried. 9. MISCELLANEOUS (a) COMMUNICATIONS FROM COUNCIL MEMBER KAY PETERSON Peterson reported that both the Library Board and Pioneerland Library Board have openings for new members since several terms have expired. (b) COMMUNICATIONS FROM CITY ADMINISTRATOR Plotz commented on the March 23 Team Leadership meeting and updated the Council on personnel matters. He reported that Julie Wischnack, the new Planning and Zoning Director, would start employment about April 12. Also, the EDA Director, Christie Rock, will start her position around May 17. Commencing March 29, a current employee will fill the custodial position on a trial basis. (c) COMMUNICATIONS FROM DIRECTOR OF ENGINEERING Rodeberg reported the gates were removed from the dam for repair work, and they should be in place by the end ofthe week. The water level will be raised slowly, and it should reach a normal level by May. 7 CITY COUNCIL MINUTES - MARCH 23, 1999 10. CLAIMS. APPROPRIATIONS AND CONTRACT PAYMENTS ( a) VERIFIED CLAIMS Motion by Peterson, second by Haag, to approve the claims and authorize payment from appropriate funds. Motion unanimously carried. 11. ADJOURNMENT There being no further business, the meeting adjourned at 7:10 p.m. 8