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06-26-2001 CCM MINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, JUNE 26,2001 1. CALL TO ORDER- 5:30 P.M. Mayor Torgerson called the meeting to order at 5:30 p.m. Council members Jim Haugen, John Mlinar, Kay Peterson and Duane Hoversten were present. Others present were Gary Plotz, City Administrator, John Rodeberg, Director of Engineering/Public Works, and City Attorneys Marc Sebora and Richard Schieffer. 2. INVOCATION - Rev. Randy Chrissis of Christ the King Lutheran Church gave the invocation. 3. MINUTES (a) REGULAR MEETING OF JUNE 12,2001 The minutes were approved as presented. 4. CONSENT AGENDA (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. PARKS, RECREATION, AND COMMUNITY EDUCATION ADVISORY BOARD MINUTES OF MAY 3,2001 2. HUTCHINSON HOUSING AND REDEVELOPMENT AUTHORITY REGULAR BOARD MEETING MINUTES OF MAY 15,2001 3. PIONEERLAND LIBRARY SYSTEM BOARD MEETING MINUTES OF APRIL 19, 2001 4. CITY OF HUTCHINSON FINANCIAL REPORT FOR MAY 2001 (b) RESOLUTIONS AND ORDINANCES 1. RESOLUTION NO. 11753 - RESOLUTION ADOPTING REVISED ASSESSMENT FOR ASSESSMENT ROLL NO. 5050, LETTING NO.4, PROJECT NOS. 01-07/01- 08/01-10 (GROVE STREET NW, THOMAS AVENUE SW AND SHERWOOD STREET SE) (c) PLANNING COMMISSION ITEMS 1. CONSIDERATION OF A VARIANCE REQUEST TO REDUCE THE SIDE YARD SETBACK FROM 6' TO l' FOR THE CONSTRUCTION OF A NEW GARAGE AS REQUESTED BYMARKREINARTS LOCATED AT 446 GLEN STREET SWWITH DENIAL RECOMMENDED BY THE PLANNING COMMISSION 2. CONSIDERATION OF A CONDITIONAL USE PERMIT TO CONSTRUCT A GARAGE 3' FROM THE SIDE PROPERTY LINE AS REQUESTED BY MARK REINARTS LOCATED AT 446 GLEN STREET SW WITH FAVORABLE RECOMMENDATION AND STAFF RECOMMENDATION (ADOPT RESOLUTION NO. 11741) 3. CONSIDERATION OF A CONDITIONAL USE PERMIT TO PLACE A PRIMARY BUILDING (10' X 12') ON A LOT THAT IS ZONED C-5 AS REQUESTED BY CROW RIVER VETERINARY CLINIC LOCATED AT 1644TH AVENUE NW WITH FAVORABLE RECOMMENDATION AND STAFF RECOMMENDATION (ADOPT RESOLUTION NO. 11742) 4. CONSIDERATION OF A CONDITIONAL USE PERMIT TO BUILD A CITY COUNCIL MINUTES - JUNE 26, 2001 CHIROPRACTIC OFFICE ON A LOT THAT IS ZONED C-5 AS REQUESTED BY GUY CASPERS AND LOCATED AT 103 3RD AVENUE NWWITH FAVORABLE RECOMMENDATION AND STAFF RECOMMENDATION (ADOPT RESOLUTION NO. 11743) 5. CONSIDERATION OF A PRELIMINARY PLAT TO BE KNOWN AS JACOB'S FIRST ADDITION LOCATED EAST OF JAMES STREET AND NORTH OF 3RD AVENUE NW AS REQUESTED BY GUY CASPERS WITH FAVORABLE RECOMMENDATION AND STAFF RECOMMENDATION (ADOPT RESOLUTION NO. 11744) 6. CONSIDERATION OF A CONDITIONAL USE PERMIT TO MOVE THE CHAMBER OF COMMERCE BUILDING FROM THE PRESENT LOCATION TO 145 GLEN STREET SW AS REQUESTED BY RICH WESTLUND WITH FAVORABLE RECOMMENDATION AND STAFF RECOMMENDATION (ADOPT RESOLUTION NO. 11745) 7. CONSIDERATION OF A CONDITIONAL USE PERMIT TO BUILD A POLE CONSTRUCTED BUILDING IN AN 1-2 DISTRICT AND A VARIANCE TO DECREASE THE REQUIRED SIDE YARD SETBACK FROM 20' TO 10' AS REQUESTED BY NRG, LLC LOCATED AT 1025 5TH AVENUE SE WITH FAVORABLE RECOMMENDATION AND STAFF RECOMMENDATION (ADOPT RESOLUTION NO. 11746) 8. CONSIDERATION OF A LOT SPLIT FOR PROPERTY LOCATED AT 1150 13TH AVENUE NW AS REQUESTED BY HAZEL DANIELS WITH FAVORABLE RECOMMENDATION AND STAFF RECOMMENDATION (ADOPT RESOLUTION NO. 11747) 9. CONSIDERATION OF A CONDITIONAL USE PERMIT TO CONSTRUCT A 6' PRIVACY FENCE IN THE FRONT YARD AS REQUESTED BY LEONARD FISCHER LOCATED AT 850 WALNUT STREET NE WITH FAVORABLE RECOMMENDATION AND STAFF RECOMMENDATION (ADOPT RESOLUTION NO. 11748) (d) APPLICATION FOR OFF-SALE NON-INTOXICATING LIQUOR LICENSE FOR TWIN CITIES A V ANTI STORES, LLC, DOING BUSINESS AS TOTAL MART (e) APPLICATION FOR RETAIL TOBACCO LICENSE FOR TWIN CITIES AVANTI STORES, LLC, DOING BUSINESS AS TOTAL MART (f) REQUEST TO SET THE DATE FOR THE 27TH ANNUAL CITY APPRECIATION PICNIC FOR WEDNESDAY, AUGUST 22, 2001 (g) CONSIDERATION OF APPROVAL OF CHANGE ORDER NO.1, LETTING NO.3, PROJECT NO. 01-09 (h) CONSIDERATION OF APPROVAL OF CHANGE ORDER NO.2, LETTING NO.6, PROJECT NO. 00-17 Motion by Haugen, second by Mlinar, to approve the consent agenda. The mayor asked for a clarification of the staff recommendation for item4(C)9. The motion passed unanimously. 5. PUBLIC HEARING - 6:00 P.M. - NONE 6. COMMUNICATIONS. REQUESTS AND PETITIONS - NONE 7. UNFINISHED BUSINESS (a) DISCUSSION OF EASEMENT ACQUISITION FOR SOUTH GRADE ROAD TRUNK 2 CITY COUNCIL MINUTES - JUNE 26, 2001 (LETTING NO.5/PROJECT NO. 01-18) (DEFERRED FROM JUNE 12,2001) Mr. Rodeberg explained the easement acquisition and the associated improvement project to the Council. In most cases, the pieces of property on which easement are to be acquired are relatively small. This project includes a large trunk sewer line that will serve the southwest area of the City. The lme will run on the north side of the road in the ditch area for most of the project. The road in this area will be retained in a rural state, similar to what currently exists. Motion by Hoversten, second by Mlinar, to approve the easement acquisition process. The motion passed unanimously. 8. NEW BUSINESS (a) CONSIDERATION OF RESOLUTION NO. 11754 A SPONSORING UNIT OF GOVERNMENT RESOLUTION REGARDING THE CEDAR CREST PROJECT SUBMITTED TO THE SOUTHWEST MINNESOTA FOUNDATION'S PARTNERSHIP WITH THE STATE OF MINNESOTA CHALLENGE LOAN PROGRAM Ms. Roz Ewald of Cedar Crest explained that the resolution is in to express City support required for the grant funding that Cedar Crest has received from the Southwest Minnesota Foundation. Motion by Mlinar, second by Haugen, to approve Resolution No. 11754. The motion passed unanimously. (b) LETTING NO.1, PROJECT NO. 01-01 (MUNICIPAL STATE AID PROJECT NO. 133- 117-11/SCHOOL ROAD SW) · RESOLUTION NO. 11749 - RESOLUTION ORDERING PREPARATION OF REPORT ON IMPROVEMENT · RESOLUTION NO. 11750 - RESOLUTION RECEIVING REPORT, WAIVING HEARING AND ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS · RESOLUTION NO. 11751 - RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS Mr. Rodeberg explained the improvement project that includes resurfacing of School Road South. This project will be paid for 100% by State Aid funding. Bids will not be taken for the project for approximately 3 to 4 weeks. Motion by Peterson, second by Hoversten, to approve Resolution No. 11749, Resolution No. 11750, and Resolution No. 11751. The motion carried unanimously. (c) RESOLUTION NO. 11752 - RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR LETTING NO.5, PROJECT NO. 01-18 (SOUTH GRADE ROAD) Mr. Rodeberg noted that the contractor recommended to be awarded the bid for this project has not worked previously in the City. He stated that the references have been checked and the recommendations received have been stellar. Motion by Mlinar, second by Haugen, to approve Resolution No. 11752. The motion carried unanimously. (d) CONSIDERATION OF THE PURCHASE OF A COMBINATION SEWER MAINTENANCE JETTER/V ACUUM TRUCK Mr. Rodeberg commented on the quotations that were received for the truck. The staff recommendation is to award the bid to the higher priced vehicle. He noted that these types of vehicles are not identical and cannot be compared as such. The recommendation is to award the purchase to McQueen. The resale value and the maintenance costs associated with 3 CITY COUNCIL MINUTES - JUNE 26, 2001 this vehicle are perceived to be higher and lower, respectively, than the other bid received. Mr. Rodeberg offered to further review the matter and present his findings to the Council at the July 10,2001, meeting. Motion by Mlinar, second by Peterson to defer the item to the July 10, 2001, meeting. The motion carried unanimously. (e) CONSIDERATION OF SETTING A COUNCIL WORKSHOP FOR 4:00 P.M. ON TUESDAY, JULY 10, 2001, FOR THE REVIEW OF THE CITY FINANCIAL STATEMENTS Mr. Plotz noted that the purpose of the workshop is to review the City audit results. Motion by Mlinar, second by Haugen, to set a workshop for 4:00 p.m. on Tuesday July 10, 2001. The motion carried unanimously. 9. MISCELLANEOUS (a) COMMUNICATIONS Jim Haugen - Mr. Haugen commented on the League of Minnesota Cities (LMC) Conference that was held in Duluth June 19 - 22. He noted that the conference seminars were informative. John Mlinar - Mr. Mlinar reiterated that the LMC Conference provided good information, especially in regards to technological advancements for cities. Mayor Torgerson also noted that the City of Hutchinson seems to be on the forefront of issues. Kay Peterson - Ms. Peterson also commented on the LMC Conference and that the City seems to be knowledgeable of the issues that were discussed. The City appears to be well into implementation or the planning phase to address most major issues raised at the conference. Ms. Peterson also noted that on July 24,2001, the Hutchinson Foundation and the Hutchinson Public Library will hold a ribbon cutting ceremony at 3:30 p.m. for the new automatic doors that have been installed at the library. Duane Hoversten - Mr. Hoversten echoed the comments of the other Council members regarding the City being up to speed on the issues affecting cities. He commended the directors for their work in this area. He too noted that the sessions presented at the LMC Conference were issues we have already dealt with or are addressing. Gary Plotz - Mr. Plotz reported that an Open House for the general public will be held at the Creekside Compost Facility from 1:00 p.m. to 7:00 p.m. on Wednesday, June 27, 2001. Refreshments and guided tours will be available. He encouraged anyone who is interested to attend. Mr. Plotz also noted that a retirement party for Marilyn 1. Swanson is scheduled for Wednesday, June 27 at 2:30 p.m. at City Center. Ms. Swanson has been employed with the City of Hutchinson for over twenty years in the Administration and Motor Vehicle departments. Melissa Starke, the new Administrative Secretary, was introduced by Mr. Plotz. He also thanked Brenda Ewing, Human Resources Coordinator, for her efforts during the time the position of administrative secretary position was vacant. Mr. Plotz requested that the Council meet regarding the BioSolids Facility. He recommends that the Council be updated on both the status of the facility and a threat of potential litigation regarding the fire at the facility. It was requested that a closed meeting session be held in the near future to discuss this, and Mr. Plotz asked the Council to consider setting the closed meeting for July 24,2001, at the end of the regular Council meeting. 4 CITY COUNCIL MINUTES - JUNE 26, 2001 Motion by Peterson, second by Haugen to hold a closed continuation of the regular July 24, 2001, Council meeting as a closed meeting to discuss subject matter limited to the BioSolids facility. The motion passed unanimously. John Rodeberg - Mr. Rodeberg spoke to the possible State shutdown. We are not certain of the impact a shutdown will have at the shared HATS facility. He noted that there may be some annoyances and some projects that the City may need to pick up. A second issue related to the shutdown are the payments for State Aid Funded projects. Mr. Rodeberg also reported on a trench collapse with the improvement project on Sherwood Street Southeast. OSHA has been out and reviewed the site and the accident. The project contract places all responsibility for safety issues on the contractor. An open house for the Southwest Bypass will be held from 5-8 p.m. on Monday, July 9,2001. The consultant will be present and public input will be obtained. This informatiOn will then be presented to the County Commissioners and the City Council for review. A meeting of Jefferson Street Task Force will be held on Thursday, July 12,2001, at 4:30 p.m. Surveys of the area residents regarding their septic systems have been completed and compiled. The task force members have expressed support of a proposal that does not include annexation to the City but rather that residents attempt to resolve their situations on their own. There are a number of health and safety issues in the area. The City has exposure to liability and the costs that could be incurred with this situation. The County is the jurisdiction that will be enforcing the septic laws in this area. The City will continue to review our potential liability with this issue and work to diminish our exposure. As the enforcement begins, these residents will be coming to the City for assistance. From the survey results, 75% of the systems in the area are definitely non-compliant. Mayor Torgerson directed Mr. Rodeberg to work with legal counsel to better determine any City liability associated with our knowledge of the situation, tile lines in the area, and our efforts to deal with it. Mr. Plotz also updated the Council on the efforts of the Charter Commission. The Commission, at their meeting of June 25, 2001, appointed two subcommittees as follows: 1. A three-member committee to meet to further discuss the language related to Hutchinson Utilities. This sub-committee will also be meeting with representatives of the Utilities Commission. 2. A three member ad-hoc committee to address issues regarding financial and budgetary language. The sub-committee members are Gary Plotz, Phil Graves ofHAHC, and City legal counsel. Richard Schieffer, City Attorney - Mr. Schieffer reported on the status ofthe Highway 7 East Annexation proceedings. Mr. Schieffer met with the township's attorney to resolve financing issues. He believes the remaining issues have been resolved in an advantageous manner for the City in regards to utility extension. The annexation resolution has been redrafted and will be before the Council for consideration at the next regular meeting. 10. CLAIMS. APPROPRIATIONS AND CONTRACT PAYMENTS ( a) VERIFIED CLAIMS Motion by Mlinar, second by Peterson, to approve and authorize payment of Verified Claims from appropriate funds. The motion carried unanimously. 11. ADJOURN With no further business to discuss, the meeting adjourned at 6: 15 p.m. 5