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07-27-1999 CCM MINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, JULY 27,1999 1. Mayor Torgerson called the meeting to order at 5:30 p.m. Present: Mayor Marlin Torgerson, Council Members Jeff Haag, John Mlinar, Kay Peterson and Don Erickson. Also present: City Administrator Gary D. Plotz, Director of Engineering John Rodeberg, and City Attorney Marc A. Sebora. 2. The Reverend James Hakes gave the invocation. 3. MINUTES The minutes of the bid opening of July 14, 1999, July 16, 1999 and July 23, 1999 were approved as presented. 4. CONSENT AGENDA (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. PLANNING COMMISSION MINUTES OF JUNE 15, 1999 2. HUTCHINSON AIRPORT COMMISSION MINUTES OFJUNE 28, 1999 3. LIBRARY BOARD MINUTES OF JUNE 28,1999 4. FINANCIAL REPORT AND CERTIFICATES INVESTMENT REPORT FOR JUNE 1999 (b) RESOLUTIONS AND ORDINANCES 1. ORDINANCE NO. 99-262 - AN ORDINANCE OF THE CITY OF HUTCHINSON, MINNESOTA, AUTHORIZING THE SALE, DISPOSITION OR TRANSFER OF CERTAIN ASSETS TO RIDGEVIEW CHANHASSEN CLINIC, A MINNESOTA NON-PROFIT CORPORATION (SECOND READING AND ADOPT) 2. RESOLUTION NO. 11263 - RESOLUTION FOR EXEMPTION FROM UNIFORM MUNICIPAL CONTRACTING LAW PUBLIC DANCE PERMIT: .:. MCLEOD COUNTY AG. ASSOCIATION FOR COUNTY FAIR .:. UNFAVORABLE RECOMMENDATION DUE TO INADEQUATE STAFFING: y OSCAR MENA FOR ARMORY ON AUGUST 28, 1999 y JOSE A. PALACIOS FOR ARMORY ON AUGUST 21, SEPTEMBER 4 AND SEPTEMBER 18, 1999 (d) (e) (f) (c) OUT-OF-STATE TRAVEL FOR POLICE CHIEF TO ATTEND TRAINING COURSE IN ARLINGTON, VA "ON SALE" NON-INTOXICATING MALT LIQUOR LICENSE FOR MCLEOD COUNTY AG. ASSOCIATION FOR BEER GARDEN AT COUNTY FAIR PLANNING COMMISSION ITEMS: CITY COUNCIL MINUTES - JULY 27,1999 1. CONDITIONAL USE PERMIT REQUESTED BY RANDY AND EDITH CARLSON TO CONSTRUCT POLE TYPE GARAGE AT 426 HURON STREET SE WITH FAVORABLE RECOMMENDATION (ADOPT RESOLUTION NO. 11264) 2. CONDITIONAL USE PERMIT REQUESTED BY CURTIS AND JANEL REITER TO CONSTRUCT VETERINARY HOSPITAL LOCATED IN I/C DISTRICT AT 760 CENTURY AVENUE SW WITH FAVORABLE RECOMMENDATION (ADOPT RESOLUTION NO. 11265) 3. VACATION OF DEDICATED STREET RIGHT-OF-WAY LOCATED IN STUCKE'S FIRST ADDITION WITH FAVORABLE RECOMMENDATION (WAIVE FIRST READING OF ORDINANCE NO. 99-263 AND SET SECOND READING FOR AUGUST 10, 1999) 4. FINAL PLAT KNOWN AS ISLAND VIEW HEIGHTS FOURTH ADDITION SUBMITTED BY BILL GILK WITH FAVORABLE RECOMMENDATION (ADOPT RESOLUTION NO. 11266) Motion by Peterson, second by Erickson, to approve the consent agenda. Motion unanimously carried. 5. PUBLIC HEARING- 6:00 P.M. (a) CONTINUED ASSESSMENT HEARING FOR LETTING NO.4, PROJECT NO. 99-03 & 99-04; CENTURY AVENUE SW AND DALE STREET SW (CONTINUED FROM JULY 13, 1999) At 6:00 p.m., the Mayor called to order the hearing continued from July 13, 1999. Peterson stated she would abstain from voting since she has property involved with this project. Rodeberg reported that some affected property owners were not properly notified. He proceeded to explain the project and stated that some large single family lots were involved in the project, which amounted to a high assessment cost. The City Engineer stated the average assessment cost is $17,000.00 to $18,000.00 per lot. It was noted that Ravenwood and Welcome to Our Home are new developments in the area. The Mayor read three letters received from: 1) Pearly and Genevieve Christensen, 1050 Dale Street; 2) Lucile and Merlyn Danielson, 1060 Dale Street SW; and 3) Richard and Teresa Dostal, 1020 Dale Street SW. The City Engineer addressed the above three properties and made recommendations on how to deal with the issues involved. Pearly Christensen, 1050 Dale Street SW, thought the assessments were high in general, and he questioned the benefit to the lot. He also addressed the sidewalk! trail location. Merlyn Danielson stated he objected to the bike trail on the east side of the road. He inquired ifthe snowmobiles could run on the trail. The City Engineer informed him 2 CITY COUNCIL MINUTES - JULY 27,1999 that snowmobiles were not allowed on the trail. And, furthermore, the City would do snow removal on the trail. Richard Dostal reported he put in a new well on his property one year ago. He questioned if he would be forced to hook up to City sewer and water. The former city attorney had told them they could hook up to water and pay only for what was used. Dostal also questioned how the City would move the road and how far it would be moved to the east. Lucile Danielson stated they own a corner lot, and Century Avenue took over an acre of their property during construction. She questioned how the City could expect them to be able to pay the assessed amount per acre when there is limited use for their land. Motion by Mlinar, second by Haag, to continue the hearing to August 10, 1999 at 6:00 p.m. Motion unanimously carried. (b) ASSESSMENT HEARING FOR LETTING NO.7, PROJECT NO. 99-10, ASSESSMENT ROLL NO. 5031; TH 15 SOUTH AND DENVER AVENUE SW The Mayor called the hearing to order and read the notice of hearing. The City Engineer briefly reviewed the project and improvements to be done. He reported that County Fair Marketplace is a $1.8 million project, and it will be assessed for some of the traffic signal costs, etc. Also, some of the adjoining property owners will be assessed for some of the costs. Motion by Mlinar, second by Peterson, to adopt Resolution No. 11269 setting the improvement hearing for August 10, 1999 at 6:00 p.m. Motion unanimously carried. Motion by Peterson, second by Erickson, to continue the assessment hearing to August 24, 1999. Motion unanimously carried. (c) CABLE FRANCHISE TRANSFER FROM TRIAX TO MEDIACOM Rick Hanson, General Manager of Triax, distributed to the City Council an informational packet on Mediacom. He stated that the new company would bring other types of service to Hutchinson, and the franchise transfer would be a benefit to the City. Motion by Peterson, second by Mlinar, to continue the hearing until August 24, 1999. Motion unanimously carried. (d) BOARD OF REVIEW FOR A.W. DISPOSAL SANITATION SERVICES The Mayor called the Board of Review to order. Plotz stated the City received few complaints regarding the refuse services, but the Board of Review provided an opportunity for the public to be heard. No one was present to be heard. Motion by Mlinar, second by Haag, to close the hearing at 6:47 p.m.. Motion unanimously carried. 3 CITY COUNCIL MINUTES - JULY 27,1999 6. COMMUNICATIONS. REQUESTS AND PETITIONS (a) BOND SALE REPORT ON 1999 IMPROVEMENT BONDS BY EHLERS & ASSOCIATES Steve Apfelbacher of Ehlers & Associates stated the amount of the bond sale was reduced to $4,350,000.00 because one project was removed. The three major projects are: 1) Century Avenue SW and Dale Street SW; 2) Hwy. 15 S. and Denver Avenue SW; and 3) Hassan and Selchow. He reported the bond sale would be held on August 24, 1999. Motion by Erickson, second by Mlinar, to approve the sale of the 1999 General Obligation Improvement Bonds and to adopt Resolution No. 11267. Motion unammously carried. 7. UNFINISHED BUSINESS -- NONE 8. NEW BUSINESS (a) CONSIDERATION OF ENTERING INTO CONTRACT WITH UNIVERSITY OF MINNESOTA TO COMPILE, ANALYZE AND PRESENT COMMUNITY NEEDS SURVEY Motion by Mlinar, second by Haag, to approve and enter into contract with the University of Minnesota. Motion unanimously carried. (b) CONSIDERATION OF AWARDING CONTRACT FOR LETTING NO.9, PROJECT NO. 98-18 (HOSPITAL/MEDICAL CENTER PARKING LOT) Motion by Haag, second by Peterson, to approve awarding the contract to Reiner Contracting Inc. in the amount of$294,337.74 and to adopt Resolution No. 11273. Motion unanimously carried. ( c) DISCUSSION ON CENTRAL GARAGE VEHICLE MAINTENANCE ISSUES (CITY/COUNTY/STATE/HUTCHINSON UTILITIES) John Olson presented the issues related to the HATS facility. He reported that the State and County would be bringing in their own mechanics. Olson further reported that the Fire Department maintenance was added in April, and Hutchinson Utilities has requested that HATS maintain their vehicles under a contractual arrangement. Since the extra workload will require an additional mechanic, Olson suggested that the light equipment could be contracted out, and the large vehicles would be handled at the HATS facility. No action was taken. 4 CITY COUNCIL MINUTES - JULY 27,1999 (d) CONSIDERATION OF REFUSE CONTRACT EXTENSION WITH A. W. DISPOSAL, INC. Motion by Haag, second by Erickson, to approve the contract extension to October 1, 2000 with the same current contract conditions and rates. Motion unanimously carried. (e) CONSIDERATION OF MIGHTY DUCKS GRANT AGREEMENT The City of Hutchinson was notified by the Minnesota Amateur Sports Commission that it would receive an additional $66,500.00 Mighty Ducks Grant. This amount is in addition to the original $125,000.00 grant award. The two grants added together would be $58,500.00 short ofthe possible $250,000.00 grant proposal for which the City was eligible. Motion by Haag, second by Mlinar, to approve the Mighty Ducks Grant agreement and to adopt Resolution No. 11261. Motion unanimously carried. (f) CONSIDERATION OF AWARDING CONTRACT FOR BIOSOLIDS DRYING FACILITIES EQUIPMENT PROCUREMENT AND INST ALLA TION Motion by Mlinar, second by Erickson, to approve awarding the contract to McCormick Construction Company in the amount of $1,302,700.00. Motion unanimously carried. (g) UPDATE FROM PLANNING COMMISSION STAFF CONCERNING CONSTRUCTION OF GARAGE AT 550 MILLER AVENUE SW Director Julie Wischnack reported that the structure was revised to 15'9" so that it meets the zoning requirements. No action was required. (h) CONSIDERATION OF LETTING NO. 14, PROJECT NO. 99-35; WEST HALF LOT 1, BLOCK 1, FAIR GROUNDS ADDITION (CENTURY 7 CINEMA); ASSESSMENT ROLL NO. 5032 Motion by Erickson, second by Peterson, to approve assessment roll No. 5032 and to adopt Resolution No. 11270, No. 11271 and No. 11272. Motion unanimously carried. (i) CONSIDERATION OF ADOPTING CENSUS 2000 PROCLAMATION Motion by Mlinar, second by Peterson, to approve the Census 2000 Proclamation. Motion unanimously carried. 5 CITY COUNCIL MINUTES - JULY 27,1999 9. MISCELLANEOUS (a) COMMUNICATIONS FROM DIRECTOR OF ENGINEERING Rodeberg requested approval of a revised policy regarding trunk access rate charges. This policy would reflect a reduced rate for sanitary sewer and water main trunk charges for nursing home/assisted living facilities. Motion by Erickson, second by Mlinar, to approve the revised policy and reduced charges. Motion unanimously carried. The City Engineer reported he had received a petition from 100% of the property owners of Rolling Meadows Addition to begin the process for improvement of 7th Avenue NW, 8th Avenue NW and Shiloh Street NW located in Rolling Meadows Addition. The City's share on the improvement project would be $30,000.00. Motion by Haag, second by Mlinar, to approve the project and engineering report, to waive the hearing and order plans and specifications, to advertise for bids, and to adopt Resolution No. 11274, No. 11275, No. 11276 and No. 11277. Motion unanimously carried. Rodeberg commented that he has a Hwy. 7 E. business meeting scheduled next week. He also noted that Hwy. 15 S. is under construction. Motion by Mlinar, second by Peterson, to hold a workshop on August 3, 1999 at 4:30 p.m. to discuss improvement project issues and policy for assessment rolls. Motion unanimously carried. (b) COMMUNICATIONS FROM CHAIR STEVE COOK Steve Cook reported that 197 surveys had been returned to the University of Minnesota to date, and this figure represented a 25% return. A reminder post card was sent out yesterday to the selected persons who had not returned the survey. Cook then requested that everyone who received a survey fill it out and return it. (c) COMMUNICATIONS FROM MAYOR MARLIN TORGERSON The Mayor commented on the heavy rainfall that occurred in the southwest corner of Lakewood Drive on July 7 that caused sewer backups. He stated the City would work with the public in a partnership to hook up private sump pumps to the storm sewer rather than the sanitary sewer, which is not allowed. The City will not penalize anyone who calls City Center for assistance. However, if the City finds violators in 6 CITY COUNCIL MINUTES - JULY 27,1999 the future, they will be penalized. 10. CLAIMS. APPROPRIATIONS AND CONTRACT PAYMENTS ( a) VERIFIED CLAIMS Motion by Mlinar, second by Peterson, 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: 13 p.m. 7