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04-24-2001 CCM MINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, APRIL 24, 2001 1. CALL TO ORDER- 5:30 P.M. Mayor Torgerson called the meeting to order at 5:30 p.m. Council members present: Jim Haugen, John Mlinar, and Kay Peterson. Absent: Duane Hoversten. Also present were Marc Sebora and Richard Schieffer, City Attorneys, Gary Plotz, City Administrator, and John Rodeberg, Director of Engineering/Public Works. 2. INVOCATION - Rev. Todd Ertsgaard, Oak Heights Covenant Church, gave the invocation. 3. MINUTES (a) REGULAR MEETING OF APRIL 10,2001 (b) BID OPENING OF APRIL 10,2001, FOR LETTING NO. 2/PROJECT NOS. 01-03/01- 04/01-11; AND LETTING NO. 4/PROJECT NOS. 01-07/01-08/01-10 (c) BID OPENING OF APRIL 17,2001, FOR LETTING NO. 81 PROJECT NO. 01-21 The minutes were approved as presented. 4. CONSENT AGENDA (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. FINANCIAL REPORTS FOR MARCH 2001 2. CERTIFICATES OF DEPOSIT (b) RESOLUTIONS AND ORDINANCES 1. RESOLUTION NO. 11695 - RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR SPECIAL ASSESSMENT NO. 5049, LETTING NO.2 2. RESOLUTION NO. 11696 - RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT NO. 5049, LETTING NO.2 3. RESOLUTION NO. 11697 - RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR SPECIAL ASSESSMENT NO. 5050, LETTING NO.4 4. RESOLUTION NO. 11698 - RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT NO. 5050, LETTING NO.4 5. RESOLUTION NO. 11699 - RESOLUTION FOR POLICE DEPARTMENT TO APPROPRIATE 1 SELL AT AUCTION UNCLAIMED PROPERTY 6. RESOLUTION NO. 11703 - RESOLUTION RELEASING PLEDGED SECURITIES FROM CITIZENS BANK & TRUST CO., HUTCHINSON, MN (c) PLANNING COMMISSION ITEMS 1. CONSIDERATION OF CONDITIONAL USE PERMIT FOR MEADOW LINKS GOLF COURSE FORAN ADDITION OF TWO HOLES LOCATED AT 940 NORTH HIGH DRIVE NW WITH FAVORABLE RECOMMENDATION AND STAFF CITY COUNCIL MINUTES -APRIL 24, 2001 RECOMMENDATION (ADOPT RESOLUTION NO. 11700) 2. CONSIDERATION OF CONDITIONAL USE PERMIT FOR HUTCHINSON PUBLIC SCHOOL'S (HUTCHINSON HIGH SCHOOL, 1200 ROBERTS ROAD SW) TO EXPAND AND RECONSTRUCT AN EXISTING PARKING LOT. THE CURRENT LOT IS 6,850 SQ FT AND THE NEW LOT WOULD BE 9,780 SQ FT. FAVORABLE RECOMMENDATION AND STAFF RECOMMENDATION (ADOPT RESOLUTION NO. 11701) (d) CHANGE ORDER NO. 2, LETTING NO. l/PROJECTNO. 00-01 (JEFFERSON STREET SEWER PHASE I) (e) INVESTMENT AUTHORIZATION (f) APPROVALS AND PERMITS FOR THE 59TH ANNUAL HUTCHINSON JAYCEE WATER CARNIVAL FOR JUNE 11 - 17,2001 (g) OUT-OF-STATE TRAVEL REQUEST FOR MARION GRAHAM, WASTEWATER LABORATORY TECHNICIAN TO LACROSSE, WISCONSIN ON MAY 13-16,2001, TO ATTEND THE CENTRAL STATES WATER ENVIRONMENT ASSOCIATION ANNUAL MEETING AND CONFERENCE AND TO RECEIVE THE LAB ANALYST EXCELLENCE AWARD (h) RETAIL ON-SALE, NON-INTOXICATING MALT LIQUOR (3.2 BEER) LIQUOR LICENSE RENEWAL · KING'S WOK (RECOMMENDATION FOR DENIAL BY POLICE DEPT) WITHDRA WN BY APPLICANT (i) SHORT TERM GAMBLING LICENSE · ST ANASTASIA CATHOLIC CHURCH · AMERICAN CANCER SOCIETY @ CROW RIVER COUNTRY CLUB (j) SHORT TERM, RETAIL ON-SALE NON-INTOXICATING MALT LIQUOR LICENSE · ST ANASTASIA CATHOLIC CHURCH (k) TRANSIENT MERCHANT LICENSE FOR RICHARD SEIPEL, DBA THE COUNTRY STOP, INC (1) CONSIDERATION OF FINAL ACCEPTANCE OF AIRPORT - PHASE 2 IMPROVEMENTS Motion by Mlinar, second by Haugen to pull item (h) from the agenda and to approve the remainder of the consent agenda. The motion carried unanimously. 5. PUBLIC HEARING- 6:00 P.M. (a) ASSESSMENT HEARING FOR ASSESSMENT ROLL NO. 5048, LETTING NO. 3/PROJECT NOS. 01-05, 01-06, 01-09, 01-13, 01-14, 01-15, 01-16; AND CONSIDERATION OF RESOLUTION NO. 11693, RESOLUTION ADOPTING ASSESSMENT AND RESOLUTION NO. 11694, RESOLUTION ACCEPTING BID AND AWARDING CONTRACT The public hearing commenced at 6:05 p.m. John Rodeberg, Director of Engineering/Public Works, presented the information for the projects that are subject to discussion. There have been neighborhood meetings for each project and a previous public hearing. The City has gone out for bids on the project and each resident/owner has been provided with specific information regarding the individual assessment cost to each owner for the projects. Mr. Rodeberg talked about assessment 2 CITY COUNCIL MINUTES -APRIL 24, 2001 payment options for the property owners. Shady Ridge Road Mr. Rodeberg outlined the typical costs per lot for each project and noted that the bids came in under the projections presented at earlier meetings Mr. Ken Athmann, 700 Shady Ridge Road NW, addressed the Council to voice his opposition to the assessments. Because of the costs, he prefers that there not be curb and gutter put in. He stated that he understands that the project replaces three fire hydrants, and he feels that they do not need to be replaced. He is of the opinion that some aspects of the project are not needed and are too costly. Mr. Rodeberg responded that this is a minimal project replacing the road and doing some limited additional work to deal with water and drainage issues, and includes only minimal curb and gutter at one location. Ifhydrants are replaced, this is done at City cost and is not part of this project. Jeffrey Hart, 707 Shady Ridge Road NW, asked for clarification on the assessment notice. The notice has stated "storm sewer". He added that when it rains, all of the water from the area flows onto his property. He has taken measures to deal with the water, but he still gets water when it rains heavily. He feels he doesn't see anything in this project that will take care of the water problem. He asked if the lowering of the street will solve the drainage issues or could the owners install a culvert along the front of their lots. Mr. Rodeberg noted that to do more would raise the costs significantly. Installation of a culvert will not solve all of the water issues. An area-wide study is needed to determine what should be done. The addition of storm sewer to the project is a costly. The City did consider a number of ways to address the water, however, there is no cost effective way to address all drainage concerns without doubling or tripling the proposed costs. Griffin Street Mr. Rodeberg outlined the costs for the project and again noted that the cost per lot is lower than what was projected at the earlier meetings. Roger DeMeyer, 307 Griffin Avenue NE, asked if the costs could go up due to the fluctuation in fuel costs. Mr. Rodeberg stated that the assessments to the owners will not be raised due to fuel costs. Mr. DeMeyer inquired about the project start and the time frame of the project. Mr. Rodeberg noted that the project could start within 3-4 weeks and the duration for inconveniences is up to six or more weeks. Mr. DeMeyer asked about additional services - driveway paving, etc. Cal Rice, Asst. to the Engineer, or the contractor can be resources to the owners for these issues. Troy Boettcher, 205 Griffin Avenue NE, stated that he is in favor of the project at the costs presented. Century Avenue Mr. Rodeberg explained the improvements included with this project. The costs for this project also came in substantially lower than the proposed costs. Motion by Mlinar, second by Peterson to close the hearing at 6:40 p.m. The motion carried unanimously. Motion by Haugen, second by Peterson to approve the Griffin Street Project and adopt Resolution No. 11693 adopting the assessment and Resolution No. 11694 accepting the bid and awarding the contract. 3 CITY COUNCIL MINUTES -APRIL 24, 2001 Motion by Mlinar, second by Peterson to approve the Century Avenue project. The motion was unanimously approved. Mayor Torgerson asked the owners for the Shady Ridge Road project to come forward if they had any input on whether or not to proceed with the proj ect. Mr. Rodeberg noted that if nothing is done, the City can consider a maintenance assessment or reduced maintenance for the street. This project was proposed because the street has received a great deal of maintenance and is in great need of repair. Bob Cady 709 Shady Ridge Road NW, stated that he feels that the project will not solve his water and drainage issues. He is in favor of running a culvert down the easterly side ofthe street in front of his property. Councilmember Peterson asked about if a culvert would work. Mr. Rodeberg answered that a culvert is not a solution to this issue. The major issue is where to move the water. The street replacement design will act somewhat like the culvert to move the water to the south. The City can review the stormwater and drainage issues, but, again, such a project will be significantly more costly. Jeff Hart asked what is meant by limited maintenance. Mr. Rodeberg noted that it can mean grading to gravel or to assess the residents for patching. Mr. Hart stated that there has to be a road, and he wants the new street. He asked what other minor adjustments can be made for him to divert the water. Mr. Mlinar asked if time limits permit the Council to seek feedback from the property owners not present tonight. Mr. Rodeberg noted that the bid can stay open only for a certain period of time. Mr Haugen inquired about the scope of assessments. The scope of assessment can be reduced, but may not be increased without an additional hearing. Motion by Peterson, second by Mlinarto award the bids for Letting No.3 excepting Project No. 01-05 that will be deferred to the May 8, 2001, meeting. The motion passed unanimously. 6. COMMUNICATIONS. REQUESTS AND PETITIONS (a) PRESENTATION OF PROCLAMATION TO MARY LYNNE COX OF THE FOUNDATION FOR CHALLENGED CHILDREN PROCLAIMING MAY 200 1 AS THE MONTH OF THE CHALLENGED CHILD IN HUTCHINSON Mayor Torgerson read the proclamation proclaiming May 2001 as the month of the challenged child. (b) PRESENTATION BY LAWRENCE WINTER, RESOURCE RECOVERY COORDINATOR, ON STATUS OF IMPLEMENTATION OF GREEN BIN COLLECTION SYSTEM Lawrence Winter, Resource Recovery Coordinator, presented information on the green bin collection system proj ect that was implemented City wide in April 2001. He reviewed the typical breakdown of garbage for residences and what can be expected to be recycled. He then provided information as to how the City's program collection compares to this norm. The bins were delivered beginning April 2nd and collection started on AprilS, 2001. So far, over 17 tons of waste have been diverted from the landfill. Mr. Winter also presented information on the demographics of the pick-up areas. An automated tracking system is pending that will provide the City with more exact information on percentages of participation. In addition, information from the landfill regarding solid waste amounts will be gathered to determine actual waste reductions. There were a large number of calls, approximately 850, from residents due to the 4 CITY COUNCIL MINUTES -APRIL 24, 2001 implementation of the program. Mr. Winter highlighted some of the frequently asked questions regarding what can be discarded in the green bin. The compostable bags will be redistributed to the residents on a regular basis. Newsletters and helpful hints will also be provided with the bag deliveries. If additional bags are needed in between the deliveries, they can be purchased at City Center. Mayor Torgerson talked about a call he received from a resident who lives in a townhome. The resident indicated that a green bin is not needed for every residence because they don't have the room, have lawn service, etc. The City is working to address this issue. Councilmember Mlinar talked about the reduction of waste in the garbage bin and the ability to downsize the container or to go to an every other week pickup if already using the smallest container. There is a cost savings for downsizing, and the green bin can still be put out every week. 7. UNFINISHED BUSINESS - NONE 8. NEW BUSINESS (a) CONSIDERATION OF SANITARY SEWER AGREEMENT WITH PROPERTY OWNERS ON JEFFERSON STREET SOUTH Mr. Rodeberg spoke to the Council about the issues that have affected this area in regards to sewer/septic system failures. The City has looked at options for the property owners to deal with the problem including pumping from a holding tank or hooking them up to a City sewer line. Mr. Rodeberg noted the recommendation in the packet with conditions and the immediate health concerns. Mr. Rodeberg also noted that this may set a precedent for future similar situations. Mr. Mlinar asked about the County's role in this. Mr. Rodeberg stated that if the County gets involved and is made aware ofthe specific situations and violations, they are required to work to eradicate the violation. The owners must replace the system or resolve the issue in a short time frame. The contractor is available this week to hook up the two properties to the City sewer. This would be done prior to the adoption and signing of an agreement. In addition, the properties must be annexed before the City can bill them for sewer costs. Mr. Jeff Keppler, 1310 Jefferson, explained that the water is shut off in his home and his septic is overflowing into his backyard. Motion by Mlinar, second by Peterson to approve the consideration of the sanitary sewer agreement with property owners on Jefferson St. South including the four conditions noted in the City engineer's recommendation and to allow hook-up prior to the execution of an agreement. The motion carried unanimously. (b) RESOLUTION NO. 11704 - RESOLUTION ESTABLISHING GARBAGE RATES Ken Merrill presented information to the Council on how the rates were established. Mr. Merrill noted the changes in the resolution from the document that was provided in the packet. The Senior Citizen rates are available to those 65 and older. Motion by Mlinar, second by Peterson to approve and adopt Resolution No. 11704 establishing City garbage rates. The motion camed unanimously. (c) CONSIDERATION OF REQUEST BY THE HUTCHINSON HRA FOR SETTING A PUBLIC HEARING FOR MAY 8, 2001, TO REVIEW THE PERFORMANCE OF THE SCDP ADAMS STREET PROJECT AND THE SCDP EQUITY LOAN ASSISTANCE FOR NEW HOUSING CONSTRUCTION 5 CITY COUNCIL MINUTES -APRIL 24, 2001 Motion by Haugen, second by Mlinar to set a public hearing for 6:00 p.m. on May 8, 2001, for the review of the performance of the Small Cities Development Program (SCDP) Adams Street project and the SCDP equity loan assistance for new housing construction. The motion carried unanimously. (d) CONSIDERATION OF SETTING HEARING DATE TO REVIEW LIQUOR LICENSE VIOLATIONS BY LIQUOR ESTABLISHMENTS City Attorney Marc Sebora noted that a number of local liquor establishments failed the necessary compliance checks. The establishments are Lamplighter II, Bonkers, Godfathers Pizza, and Main Street Sports Bar. The hearings must be held between May 10 and May 25, 2001. Motion by Haugen, second by Peterson to set Thursday, May 24,2001, at 9:00 a.m. as the hearing date and time to review the liquor license violations for Lamplighter II, Bonkers, Godfathers Pizza, and Main Street Sports Bar. The motion carried unanimously. (e) RESOLUTION NO. 11705 - RESOLUTION ESTABLISHING COMPOST FACILITY RATES Mr. Plotz stated that with the addition of the scale at the Compost Facility, exact measurements for bulk materials can be established and a fee schedule applied. The rates noted are recommended for approval. Motion by Peterson, second by Haugen to approve and adopt Resolution No. 11705 establishing compost facility product rates. The motion carried unanimously. 9. MISCELLANEOUS (a) COMMUNICATIONS John Mlinar - Mr. Mlinar updated the Council on the 212 Corridor meeting held last week. Hutchinson has selected to participate because the city is a hub for retail, medical, etc. Additional meetings and sub-committee meetings will be held now through the summer. ~mp~asis is being put on the idea if interregional corridors, and we are fortunate to be involved m this process. Kay Peterson - The week of April 15 - 2, 2001 was National Library Week. On April 21, Author Faith Sullivan was at the library and signed books. Ms. Peterson also raised the issue of bar king dogs and dogs running loose. She sent a plea to all owners to keep their dogs leashed and quiet. Gary Plotz - Mr. Plots reminded the Council of the continuation of the visioning workshop on May 1 at 2:00 p.m. At the workshop held prior to the Council meeting and regarding the Liquor Store, options to expand the current facility or to look for another location were discussed. To continue the discussion, appraisals ofthe current site, another downtown site, and a location on the south end of the City are needed to properly review and consider options. Mr. Plotz asked the Council for approval to proceed with obtaining prices for appraisal services. Motion by Mlinar second by Peterson to approve with proceeding with obtaining price quotes for appraisal services. John Rodeberg - Mr. Rodeberg noted that the stormwater utility was implemented on April 1. Very few calls have been received from residents. There will be open houses regarding the Sump Pump Program on May 10,2001 from 11 :00 a.m. 6 CITY COUNCIL MINUTES -APRIL 24, 2001 to 1 :00 p.m. and from 4:00 p.m. to 6:00 p.m. to meet with residents and answer questions. The City will meet with the local plumbers on how to upgrade or install proper sump pumps. Information on this project is available on the web site. The water coming over the dam is higher than the elevations of the last weeks. It should be peaking in the next 24 hours. Mayor Torgerson - The mayor received a letter from the mediation attorney regarding the Hwy 7 East annexation. We have not provided him with comments regarding the mediation. City Attorney Dick Schieffer noted that comments from the staff will be sent to the mediator and will be addressed. The Mayor read a Certificate of Commendation received by the Hutchinson Wastewater Facility from the MPCA. 10. CLAIMS. APPROPRIATIONS AND CONTRACT PAYMENTS ( a) VERIFIED CLAIMS Motion by Mlinar, second by Peterson to approve and authorize payment of the verified claims from the appropriate funds. The motion carried unanimously. 11. ADJOURN The meeting adjourned at 7:45 p.m. 7