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08-22-2000 CCM MINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, AUGUST 22, 2000 1. Mayor Torgerson called the meeting to order at 5:30 p.m. with the following members present: Mayor Marlin Torgerson, Council Members Jim Haugen, John Mlinar, Kay Peterson and Duane Hoversten. Also present: City Administrator Gary D. Plotz, Director of Engineering John Rodeberg and City Attorney Marc A. Sebora. 2. Pastor Michael Wuehler gave the invocation. 3. MINUTES The minutes of the regular meeting of August 8, 2000 and bid opening of August 11, 2000 and August 15,2000 were approved as presented. 4. CONSENT AGENDA (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. PARKS, RECREATION & COMMUNITY EDUCATION ADVISORY BOARD MINUTES OF JUNE 1,2000 2. PLANNING COMMISSION MINUTES OF JULY 18, 2000 3. HUTCHINSON AREA HEALTH CARE BOARD MINUTES OF JULY 18,2000 (b) RESOLUTIONS AND ORDINANCES 1. RESOLUTION NO. 11551 - RESOLUTION TO SELL AT AUCTION SURPLUS PROPERTY ( c) MOTORIZED VEHICLE PERMIT FOR GOLF CART REQUESTED BY JAMES W.KUEHL (d) (e) (f) APPOINTMENT OF PAUL ACKLAND TO UTILITIES COMMISSION (SECOND TERM) OUT-OF-STATE TRAVEL FOR DICK NAGY TO MAKE A PRESENTATION AT CONFERENCE IN SALT LAKE CITY, UTAH, NOVEMBER 4-8,2000 LETTING NO.2, PROJECT NO. 00-02 (SOUTH AREA TRUNK SEWER, PHASE 2; JEFFERSON STREET SE TO WEST OF TH 15); ASSESSMENT ROLL NO. 5043 Y RESOLUTIONNO.11552-RESOLUTIONFORHEARINGONPROPOSED ASSESSMENT Y RESOLUTION NO. 11553 - RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT Y RESOLUTION NO. 11554 - RESOLUTION ACCEPTING BID AND AWARDING CONTRACT (g) CHANGE ORDER NO.1; LETTING NO.4, .LETTING NO.6, LETTING NO. 11 CITY COUNCIL MINUTES - August 22, 2000 (h) CHANGE ORDER NO.1, RICE LAKE CONTRACTING FOR BIOSOLIDS PROJECT PLANNING COMMISSION ITEMS: (i) EXTENSION OF MORATORIUM FOR CONSTRUCTION OF TELEVISION AND RADIO ANTENNA (REVISIONS TO SECTIONS 3 AND 10 OF ZONING ORDINANCE) WITH FAVORABLE RECOMMENDATION AND STAFF RECOMMENDATIONS (FIRST READING OF ORDINANCE NO. 00-284 AND SET SECOND READING) (j) VARIANCE TO REDUCE REQUIRED REAR YARD SETBACK FROM 30' TO 24.8' AS REQUESTED BY MILAN AND DEBRA YUREK OF 1200 WEST SHORE DRIVE WITH FAVORABLE RECOMMENDATION AND STAFF RECOMMENDATIONS (ADOPT RESOLUTION NO. 11556) (k) CONDITIONAL USE PERMIT TO CONSTRUCT COMMERCIAL BUILDING IN I/C DISTRICT AS REQUESTED BY BRET RASMUSSEN WITH FAVORABLE RECOMMENDATION AND STAFF RECOMMENDATIONS (RESOLUTION NO. 11546) (I) CONDITIONAL USE PERMIT TO CONSTRUCT AN ADDITION IN VC DISTRICT AND CONSTRUCT TWO STORAGE BUILDINGS WHICH EXCEED 1,000 SQUARE FEET AS REQUESTED BY HUTCHINSON MANUFACTURING WITH FAVORABLE RECOMMENDATION AND STAFF RECOMMENDATIONS (RESOLUTION NO. 11547) (m) VARIANCE TO REDUCE REQUIRED CORNER SIDE SETBACK FROM 25' TO 14' FOR CONSTRUCTION OF DECK AS REQUESTED BY KEVIN AUGESON OF 805 FRANKLIN STREET SW WITH FAVORABLE RECOMMENDATION AND STAFF RECOMMENDATIONS (RESOLUTION NO. 11557) (n) PRELIMINARY AND FINAL PLAT FOR REARRANGEMENT OF BROLL'S THIRD ADDITION FROM TWO 5-PLEXES TO FIVE TWIN HOMES AS REQUESTED BY DAVID BROLL WITH FAVORABLE RECOMMENDATION AND STAFF RECOMMENDATIONS (RESOLUTION NO. 11548) (0) VACATION OF DRAINAGE AND UTILITY EASEMENTS WITHIN BROLL'S THIRD ADDITION WITH FAVORABLE RECOMMENDATION AND STAFF RECOMMENDATIONS (FIRST READING OF ORDINANCE NO. 00- 282 AND SET SECOND READING) (p) FINAL PLAT FOR 3-LOT SUBDIVISION TO BE KNOWN AS COUNTY FAIR MARKETPLACE SECOND ADDITION AS REQUESTED BY RYAN COMPANIES FOR MARQUETTE BANK WITH FAVORABLE RECOMMENDATION AND STAFF RECOMMENDATIONS (RESOLUTION NO. 11549) (q) LOT SPLIT AS REQUESTED BY MICHELLE PERNARAT 106 SELCHOW AVENUE WITH FAVORABLE RECOMMENDTION AND STAFF RECOMMEND TAlONS (RESOLUTION NO. 11550) 2 CITY COUNCIL MINUTES - August 22, 2000 Motion by Mlinar, second by Haugen to approve the consent agenda except for items 4-(k) and 4-(1). Motion unanimously carried. Item 4-(k)-Rodeberg stated that the main issue was an easement for a shared access with an adjacent property owner. The two parties have reached a verbal agreement for one access to serve two businesses that will not require a median. Motion by Mlinar, second by Peterson to approve the conditional use permit and to adopt Resolution No. 11546. Motion unanimously carried. Item 4-(l)-It was reported that a 40' easement, in a location determined by MNDOT, should be dedicated at the time of reconstruction of Hwy. 7 West. The revised Resolution No. 11547 required that compensation would be negotiated at the time of the reconstruction project. Motion by Hoversten, second by Mlinar to approve the conditional use permit and to adopt revised Resolution No. 11547. 5. PUBLIC HEARING- 6:00 P.M. (a) SMALL CITIES DEVELOPMENT PROGRAM IN FRANKLIN-GROVE STREET NEIGHBORHOOD The Mayor called the hearing to order at 6:00 p.m. Jean Ward, HRA Executive Director, reported the program was developed in early April and the SCDP grant application must be submitted to the Minnesota Department of Trade and Economic Development for Small Cities Development Grant Program by September 30, 2000. The Franklin-Grove Street neighborhood program will be for rehab of single family homes within the designated area. The presenter showed a map of the area included in the program and stated it contained 180 potential dwelling units. Ward reported a newspaper article had been published in the Hutchinson Leader regarding the project, a meeting was held in April, and an area community development survey was conducted in the summer of 2000 with the result of 128 surveys returned. Ward stressed the overall goals and objectives of the program were two-fold.: (1) correct housing deficiencies related to the health and safety of owner-occupant households; and (2) improve the housing stock in the area Via rehabilitation. She also addressed the estimated project rehab costs involved and mentioned the HUD regulations. In addition, the financing formula for homeowner deferred loans and the administration of SCDP funds were explained. Orville Rusch, 245 College Avenue NE, commented that 10 years ago there was a similar program. He thought money was wasted in the neighborhood project and not much was accomplished. Although work was done all summer, only two houses were repaired. Then after five years, the property owners were forgiven the grant money owed. He didn't understand why government money was spent in this way. Plotz reported that prior to 1988, HUD managed this type of program. He stated that in 1975 there was a Small Cities Grant, and HRA was not involved. It was administered through the Planning Department of the City. In closing, Ward requested the City Council to adopt Resolution No. 11555, which must be submitted with the grant application. 3 CITY COUNCIL MINUTES - August 22, 2000 Motion by Peterson, second by Mlinar to close the hearing at 6:20 p.m. Motion unanimously carried. Motion by Mlinar, second by Haugen to approve and adopt Resolution No. 11555. Motion unanimously carried. 6. COMMUNICATIONS, REQUESTS AND PETITIONS (a) PRESENTATION BY RANDY REDMAN REGARDING EMERGENCY SERVICES TRAINING CENTER Fireman Randy Redman presented a preliminary plan of the Fire and Rescue Training Complex located near the National Guard Armory and city garage. He informed the City Council that a manufactured home and a three-bedroom rambler house were donated to the Fire Department which would provide 60% of their training needs. In the future a tower training structure would be added to the training center. Redman requested a $20,000 cap to fund the site preparation and to move the house onto the training site. He noted that no actual cost estimate had been obtained, but the presenter thought this amount would be adequate. Redman also reported that seven Hutchinson firefighters had been sent to the Twin Cities for training until Thanksgiving. The new complex would provide local training. Plotz stated that the requested funding would come from the capital improvement fund. He noted that although there were a number of capital improvements already scheduled, he thought the amount was manageable. Motion by Mlinar, second by Peterson to approve a $20,000 cap from the capital improvement fund. Motion unanimously carried. (b) PRESENTATION BY BYRON HAYUNGA OF MINNESOTA WASTEWATER OPERATORS ASSOCIATION TO PRESENT DOUG JOHNSON WITH STATE AWARD FOR MAINTENANCE OPERATOR OF THE YEAR Byron Hayunga, of the Minnesota Wastewater Operators Association, presented Doug Johnson with a plaque which acknowledged him as MWOA Outstanding Operator of the Year for Maintenance. (c) PRESENTATION OF PETITIONS TO CITY COUNCIL BY HUTCHINSON CHARTER COMMISSION Plotz reported that the Charter Commission received the petitions at their August 21, 2000 meeting. He stated there were 33 petitions and that each one contained five questions, with a total of 602 names on the petitions. Plotz made reference to a communication received from City Attorney Richard Schieffer in regards to verifYing the registered voters. He stated the required number of registered voters had been met. The State law required 5% ofthe number who voted in the City's last Statewide election. Plotz commented that at the September 11 City Council meeting ,the ballot wording would be presented. Sebora stated it was the responsibility of the City Council to determine the wording. 4 CITY COUNCIL MINUTES - August 22, 2000 Motion by Mlinar, second by Haugen to accept the petitions. Motion unanimously carried. 7. UNFINISHED BUSINESS (a) CONSIDERATION OF TWO ALTERNATES FOR COMPO STING FACILITY/BUILDINGS AND CONCRETE WORK (DEFERRED AT BID OPENING ON AUGUST 15,2000) Motion by Mlinar, second by Peterson to defer indefinitely. Motion unanimously carried. (b) CONSIDERATION OF AWARDING FRANCHISE TO HUTCHINSON TELEPHONE COMPANY Motion by Mlinar, second by Hoversten to approve and waive first reading of Ordinance No. 00-283 and set second reading for September 11, 2000. Motion unanimously carried. 8. NEW BUSINESS (a) CONSIDERATION OF ADVERTISING FORBIDS FOR CITY/RURAL RESCUE TRUCK AND TELESCOPING PLATFORM TRUCK Fire Chief Brad Emans reported this was the largest project the Fire Department had ever undertaken. In 1999 two committees were formed to prepare bid specifications for the shared city/rural rescue truck and the aerial truck. In spring 2000, the platform truck committee discovered it would be advantageous to bid the two trucks on the same bid and save $45,000. Therefore, Emans requested permission to advertise for bids on two trucks and to open bids on October 6, 2000. Then the bid would be awarded at the October 24, 2000 City Council meeting. Motion by Mlinar, second by Hoversten to approve opening the bids on October 6 and awarding the bid for both trucks on October 24. Motion unanimously carried. (b) CONSIDERATION OF CITY POLICY NO. 3.25 FOR POLICY MANUAL REGARDING EMPLOYEE IDENTIFICATION BADGES Brenda Ewing, Human Resources Coordinator, reported the City had recently implemented employee identification badges and explained the City policy regarding them. She requested adoption of City Policy No. 3.25. Motion by Peterson, second by Mlinar to approve the City Policy No. 3.25. Motion unanimously carried. (c) CONSIDERATION OF EXTENSION OF COMMERCIAL LEASE WITH HUTCHINSON AREA CHAMBER OF COMMERCE Plotz reported that the Chamber of Commerce had requested an extension of their lease until June 2001, or until the proposed community center was completed. The Chamber's current lease expires on October 31,2000. He further noted that the Minnesota Department of Trade & Economic Development (DTED) was not favorable of the lease extension since the property was purchased under flood grant funding. Plotz stated a Resolution had been prepared to send to DTED. 5 CITY COUNCIL MINUTES - August 22, 2000 Motion by Hoversten, second by Haugen to approve and adopt Resolution No. 11558 to extend the Chamber's lease. Motion unammously carried. (d) CONSIDERATION OF SETTING DATE FOR A BUDGET WORKSHOP Motion by Haugen, second by Peterson to approve setting a budget workshop on September 11,2000 at 4:00 p.m. Motion unanimously carried. (e) CONSIDERATION OF CHANGING SEPTEMBER 12,2000 CITY COUNCIL MEETING DATE DUE TO PRIMARY ELECTION Motion by Mlinar, second by Peterson to set the City Council meeting date for September 11,2000 at 5:30 p.m. Motion unanimously carried. 9. MISCELLANEOUS (a) COMMUNICATIONS FROM CITY ADMINISTRATOR Plotz commented on correspondence received from the attorney representing Spectra Building Group in which he was requesting a temporary restraining order on the composting facility/buildings and concrete work project. He explained that Spectra was the apparent lower bidder, but the company failed to acknowledge receipt of Addendum No.2, which was a requirement. Therefore, the bid was awarded to the second lowest bidder, Raske Building Systems. The League of Minnesota Cities assigned a law firm and attorney to handle the defense of the case, and he will represent the City at the court hearing scheduled for August 23. Plotz reminded everyone of the City appreciation picnic to be held on August 23 at 6:00 p.m. in the Recreation Center. (b) COMMUNICATIONS FROM DIRECTOR OF ENGINEERING/PUBLIC WORKS Rodeberg reported that the road would be closed through the end of the week for work on the Bridgewater project. The City Engineer stated that the City Council had adopted Resolution No. 11554 under item 4-(f) for Letting No.2, Project No. 00-02. He requested that the resolution be rescinded to adopt the revised resolution with the contingency that the "award shall be contingent upon receiving all required permits and documentation from the Minnesota Pollution Control Agency. No contracts may be signed until these documents are received." Motion by Peterson, second by Hoversten to rescind Resolution No. 11554. Motion unanimously carried. Motion by Peterson, second by Hoversten to approve and adopt revised Resolution No. 11554 with the contingency stating that all required permits and documentation 6 CITY COUNCIL MINUTES - August 22, 2000 must be received from the MN Pollution Control Agency before any contracts may be signed. Motion unanimously carried. Rodeberg commented that some of the proposed projects planned for the next two years would have the same process. They would require an updated Comprehensive Plan, documentation and public hearings. The Mayor asked ifthere was someone to work with at the MPCA to eliminate some of the process and time involved. He commented that the Urban Boundary District was a 60 to 80 year project. (c) COMMUNICATIONS FROM ORVILLE RUSCH Mr. Orville Rusch, 245 College Avenue NE, expressed a complaint about the Mediacom Cable Company. He stated the Cable Company claimed he had not paid his bill when he had. Mr. Rusch had been putting his payment into the cable payment box. The Cable Company claimed they picked up the payments on a daily basis, but he was charged overdue payments. The City Attorney informed Mr. Rusch that he would work with him to get the matter resolved. 10. CLAIMS. APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS A & B Motion by Hoversten, second by Peterson to approve the verified claims A and authorize payment from appropriate funds. Motion unanimously carried. Motion by Mlinar, second by Haugen to approve the verified claims Band authorize payment from appropriate funds. Motion carried with Hoversten abstaining from voting. 11. ADJOURNMENT There being no further business, the meeting adjourned at 6:52 p.m. 7