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04-23-2002 CCM MINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL APRIL 23, 2002 1. CALL TO ORDER - 5:30 P.M. Mayor Marlm Torgerson called the meeting to order. Council Members present were John Mlinar, Jim Haugen, Kay Peterson and Duane Hoversten. Also present were Gary Plotz, City Administrator, John Rodeberg, Director of Engineering/Public Works and Marc Sebora, City Attorney. 2. INVOCATION - Rev. Howard Anderson, of Hunter' s Ridge Community Church, delivered the mvocatlOn. 3. MINUTES (a) REGULAR MEETING OF APRIL 9, 2002 Minutes were approved as presented 4. CONSENT AGENDA (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. PIONEERLAND LIBRARY SYSTEM BOARD MINUTES FROM FEBRUARY 21, 2002 2. PARKS, RECREATION & COMMUNITY EDUCATION ADVISORY BOARD MINUTES FROM MARCH 7, 2002 3. HUTCHINSON AIRPORT COMMISSION MINUTES FROM OCTOBER 18,2001 4. HUTCHINSON AREA HEALTH CARE FINANCIAL REPORT FOR FEBRUARY 2002 5. HUTCHINSON AREA HEALTH CARE FINANCIAL REPORT FOR MARCH 2002 6. CITY OF HUTCHINSON FINANCIAL REPORT FOR MARCH 2002 7. CITY OF HUTCHINSON CERTIFICATES OF DEPOSIT FOR MARCH 2002 8. HUTCHINSON AREA HEALTH CARE BOARD MEETING MINUTES FROM MARCH 19,2002 (b) RESOLUTIONS AND ORDINANCES 1. ORDINANCE NO. 02-309 - AN ORDINANCE AMENDING HUTCHINSON CITY ORDINANCE SECTION 5.41 PERTAINING TO LIQUOR SALES AT SPORTS, CONVENTION OR CULTURAL FACILITIES (SECOND READING AND ADOPTION) 2. ORDINANCE NO. 02-311 - AN ORDINANCE CHANGING THE BOUNDARIES OF ELECTION PRECINCTS (SECOND READING AND ADOPTION) 3. RESOLUTION NO. 11931-RESOLUTIONFORPURCHASE OF CHEVROLET & FORD RANGER PICKUPS AND FOOD SERVICE ITEM & CHAIRS FOR EVENT CENTER 4. RESOLUTION NO. 11935 - RESOLUTION IN SUPPORT OF HUTCHINSON UTILITIES COMMISSION CONSTRUCTION OF NATURAL GAS PIPELINE CITY COUNCIL MINUTES - APRIL 23, 2002 5. RESOLUTIONNO.11933-RESOLUTIONTOENTERINTOLEASEAGREEMENT WITH STATE OF MINNESOTA, DEPARTMENT OF PUBLIC SAFETY, FOR DRIVER EXAM STATION IN CITY CENTER (c) PLANNING COMMISSION ITEMS 1. CONSIDERATION OF A VARIANCE REQUESTED BY CHRISTIAN CHRISTENSEN TO REDUCE SIDE YARD SETBACK FROM 6 FEET TO 2 FEET 4 INCHES FOR EXPANSION OF SHED LOCATED AT 915 2ND AVENUE SW WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (ADOPT RESOLUTION NO. 11926) 2. CONSIDERATION OF A CONDITIONAL USE PERMIT REQUESTED BY BRUCE SCHUL TZ TO INSTALL A 47" FENCE IN FRONT YARD LOCATED AT 545 MAIN STREET SOUTH WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (ADOPT RESOLUTION NO. 11927) 3. CONSIDERATION OF A CONDITIONAL USE PERMIT AND SKETCH PLAN SUBMITTED BY KEVIN COMPTON TO CONSTRUCT TWIN HOMES IN PLANNED DEVELOPMENT DISTRICT WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (ADOPT RESOLUTION NO. 11928) 4. CONSIDERATION OF A CONDITIONAL USE PERMIT REQUESTED BY THE CITY OF HUTCHINSON TO CONSTRUCT A STORM WATER RETENTION POND IN THE FLOOD PLAIN LOCATED AT 840 - 2ND AVENUE SE WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (ADOPT RESOLUTION NO. 11929) 5. CONSIDERATION OF A CONDITIONAL USE PERMIT REQUESTED BY THE CITY OF HUTCHINSON FOR SHORELAND IMPROVEMENTS LOCATED AT 300 LES KOUBA PARKWAY WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (ADOPT RESOLUTION NO. 11930) 6. CONSIDERATION OF ORDINANCE NO. 02-313 - AN ORDINANCE FOR ANNEXATION OF CITY PROPERTY LOCATED IN HASSAN VALLEY TOWNSHIP - EDMONTON AVENUE RIGHT-OF-WAY (7.98 ACRES) AND PROPERTY DEEDED TO THE CITY FOR BICYCLE TRAIL PURPOSES (APPROXIMATELY 22.2 ACRES) (WAIVE FIRST READING AND SET SECOND READING AND ADOPTION FOR MAY 14, 2002) (d) CONSIDERATION FOR APPROVAL OF TEMPORARY LIQUOR LICENSE FOR AMERICAN LEGION ON MAY 25 AND JUNE 6 - 8, 2002 AT MCLEOD COUNTY FAIRGROUNDS (e) CONSIDERATION FOR APPROVAL OF SHORT-TERM ON-SALE NON- INTOXICATING LIQUOR LICENSE FOR AMERCINA LEGION ON MAY 4, 2002, AT MCLEOD COUNTY FAIRGROUNDS (f) RETAIL ON-SALE NON-INTOXICATING MALT LIQUOR (3.2 BEER) LIQUOR LICENSE RENEWALS · GODFATHER'S PIZZA · SKY VENTURES, LLC DBA PIZZA HUT · LITTLE CROW BOWLING LANES · HUTCHINSON HUSKIES BASEBALL ASSOCIATION (g) RETAIL OFF-SALE NON-INTOXICATING MALT LIQUOR (3.2 BEER) LIQUOR LICENSE RENEWALS · WAL-MART 2 CITY COUNCIL MINUTES - APRIL 23, 2002 · ERICKSON OIL PRODUCTS ( 4TH AVENUE) · SPEEDWAY SUPERAMERICA · TOM THUMB DBA BONKERS · COBORN'S DBA CASH WISE FOODS · TWIN CITIES A V ANTI STORES DBA BUDGET MART · CITGO QUIK MART (h) CONSIDERATION FOR APPROVAL OF PARADE ROUTES FOR ZUHRAH SHRINE ON MAY 4,2002, AND AMERICAN LEGION POST 96 ON MAY 27,2002 (i) CONSIDERATION FOR APPROVAL OF SHORT-TERM GAMBLING LICENSE FOR CONNECT CARE ON AUGUST 20, 2002, AT MCLEOD COUNTY FAIRGROUNDS (j) LETTING NO.2, PROJECT NO. 02-03 (STREET LIGHT IMPROVEMENTS THROUGHOUT CITY) (k) LETTING NO.4, PROJECT NO. 00-05 (JORGENSON STREET SE - 1006 JORGENSON STREET SE - STAFFORD PROPERTY) (I) LETTING NO.1 0, PROJECT NO. 02-19 (CRACK SEALING STREET MAINTENAMCE THROUGHOUT CITY) (m)LETTING NO.2, PROJECT NO. 00-02 (CHANGE ORDER NO.3) (n) LETTING NO. 10, PROJECT NO. 01-22 (CHANGE ORDER NO.1) Mayor Torgerson recited Resolution No. 11935 in support of the natural gas pipeline. Mayor Torgerson noted that this project is part of an attempt to block the pipeline by a competitor. Item 4( c)3 was tabled by' the City Council, due to the fact that it was tabled by the Planning Commission at the Apnl 22, 2002, Planning Commission meeting. Gary Plotz noted that action for Items 4(b) 1 and 4(b)2 will be adopting the ordinances. Motion by Mlinar, second by Haugen, to approve consent agenda, with the exception ifItem 4(c)3, and to clarify that Items 4(b)1 and 4(b)2 will be adopting the specified ordinances. Motion carried unanimously. 5. PUBLIC HEARING- 6:00 P.M. (a) LETTING NO. 1, PROJECT NO. 02-01 & 02-02 (SAP 133-109-007)-NEAREA TRUNK SANITARY SEWER - PHASE 1 & 2ND AVENUE SE FROM CROW RIVER BRIDGE TO MICHIGAN STREET John Rodeberg, Director of Engineering/Public Works, stated that part of this project is to construct a pond in the Tartan Park area. The largest part ofthe project is the sanitary sewer line. This is a large trunk line that serves a large portion of the city that will provide for future capacity. Mr. Rodeberg reviewed the project scope and the approximate assessment costs. Michael Haefner, American Energy Systems, presented before the Council. Mr. Haefner explained that he has a business with a large amount of footage on Michigan Avenue and 5th Avenue and wanted to know how this project will benefit his lot. Mr. Rodeberg noted that Mr. Haefner will receive a 132' credit on the long side of his lot. Mr. Haefner also expressed that the pond and the trunk sewer line will not benefit him, and he does not feel that the assessments specific to these items should effect him. Mr. Rodeberg noted that the standard formula for determining assessment costs would be applied to American Energy Systems. No pond or trunk sewer assessments proposed for his property. 3 CITY COUNCIL MINUTES - APRIL 23, 2002 Jim Haugen asked Mr. Rodeberg ifthe Ridgewater College property is able to be assessed in that it is state property. Mr. Rodeberg confirmed that this property can be assessed. Motion by Mlinar, second by Peterson to close the public hearing. Motion carried unanimously. Motion by Hoversten, second by Haugen to approve Letting No.1, Project No. 02-01 & 02- 02 - authorizing ordering advertisement for bids. Motion carried unanimously. (b) LETTING NO.3, PROJECT NO. 02-04 (FAIR AVENUE SE), 02-05 (OAKLAND AVENUE SE ) AND 02-06 (JUUL ROAD SW) John Rodeberg stated that most of the concerns in this Letting are related to Juul Road. At the March 19, 2002, Council meeting, residents had requested that other options be explored to reduce the price to improve this street. Mr. Rodeberg stated that staff has proposed to change the project by dropping the complete reconstructionJrom Lynn Road to Merrill Street and only conduct mill and overlay. The cost of the project has been reduced approximately 35%. The assessments of the western portion of the street are the same as onginally presented. The next portion of this process is to approve seeking bids for the project and acquiring more accurate assessment costs. Mr. Rodeberg detailed several sanitary sewer and watermain issues that should be addressed this year. In addition, residents have street and landscaping issues, and have concerns regarding the trees along the boulevards. Mr. Rodeberg explained that there is a video that is available for viewing ofthe underground piping, however he also used a graphic to show the number of tree roots, concrete and other blockages in the lines. The proposal is for the western two blocks to remain the same as originally proposed, and having the eastern block have only a mill and overlay. Merrill Johnson, 748 Juul Road, presented before the Council. Mr. Johnson shared some approximate, preliminary numbers that he had put together on the cost of the project. Mr. Johnson also expressed that he felt there was no benefit to the new storm sewer system. Mr. Johnson also expressed that this is a state aid street and he questioned why the City is not picking up part of the cost. Mr. Rodeberg stated that the City does not cover the costs on state aid streets. Mr. Rodeberg referred to Jefferson Street, where the cost is partially being covered by the City, but that is due to areas being annexed into the City. There was some discussion as to the City's assessment policy. Mayor Torgerson clarified that truck routes are a thicker road and the City pays for the extra layer of overlay. There was further discussion and comparisons of Jefferson Street to Juul Road. Mr. Johnson's main concern is the high cost and the fact that he has been assessed three times in the length of time that he has lived on Juul Road. Motion by Peterson, second by Mlinar to approve Letting No.3, Project No. 02-04, 02-05 and 02-06 - authorizing ordering advertisement for bids. Mr. Mlinar noted that firm assessment numbers will be delivered to the residents of this area. Mr. Rodeberg noted that the bids should be received by mid-May and the exact proposed assessments will be mailed out to the residents at least 10 days before the assessment hearing, currently proposed for mid-June. Motion carried unanimously. 6. COMMUNICATIONS. REQUESTS AND PETITIONS 7. UNFINISHED BUSINESS (a) CONSIDERATION OF ORDINANCE NO. 02-308 - AN ORDINANCE AMENDING HUTCHINSON CITY ORDINANCE SECTION 10.47 TO INCLUDE PROVISIONS FOR THE LICENSING OF EXCA V A TORS (SET SECOND READING AND ADOPTION FOR MAY 14, 2002) Duane Hoversten noted that he has concerns with the wording in Subd. 7. Mr. Hoversten recommended adding the wording "for severing or damaging an unmarked utility or negligently severing or damaging a marked utility" to the first sentence. Mr. Hoversten also 4 CITY COUNCIL MINUTES - APRIL 23, 2002 recommended that staff develop a policy that would go along with this ordinance. Motion by Hoversten, second by Peterson to table this item until May 14, 2002 and add the proposed language to Subd. 7 Motion carried unanimously. 8. NEW BUSINESS (a) CONSIDERATION OF SETTING DATE FOR CLOSED MEETING FOR CITY ADMINISTRATOR PERFORMANCE REVIEW Motion by Mlinar, second by Haugen, to set date for May 14, 2002, immediately following the City Council meeting to discuss City Administrator performance review. Motion carried unanimously. Marc Sebora noted that the City Administrator does have the discretion to open the meeting after it has been closed. (b) CONSIDERATION OF PURSUING INDUSTRIAL PARK EXPANSION VIA NEGOTIATION OR CONDEMNATION The word "should" was recommended to be changed to "will" in the sentence". . . then the City should institute condemnation proceedings to ensure. . . " Motion by Haugen, second by Hoversten, to approve Resolution No. 11934 with the exception of changing "should" to "will". Motion carried unanimously. (c) DISCUSSION OF PLANNING COMMISSION APPOINTMENTS Marc Sebora noted that he had reviewed the Planning Commission ordinance that was revised in 1997. Mr. Sebora determined that the Planning Commission should only consist of residents of the city, plus one Council Member. Mayor Torgerson noted that he does not recall a time that a non-resident has ever served on the Planning Commission and he is in agreement with the decision of Mr. Sebora. Mayor Torgerson appointed Steve Jansick to the Planning Commission, due to the fact that Todd Schnobrich resides outside the city limits. Motion by Peterson, second by Mlinar, to appoint Steve Jansick to the Planning Commission. Motion carried unanimously. 9. MISCELLANEOUS (a) COMMUNICATIONS Jim Haugen - Mr. Haugen commended John Rodeberg and his staff on the excessive work that was researched on the Juul Road project. John Mlinar - Mr. Mlinar thanked Melissa Starke, Secretary to the Council, for a packet of information regarding boards and commissions. Duane Hoversten - Mr. Hoversten commented on the Downtown Association meeting that was held on April 22, 2002. The proposed advancements for the City are very exciting. Mayor Torgerson that an Open House will be held on May 6, 2002, to expand on the Downtown Revitalization Project. Gary Plotz - Mr. Plotz reviewed the items that were discussed at the Team Leadership Meeting earlier in the day: BioSolids Drying Facility - has been determined that the BioSolids facility is considered an occupancy to the eqmvalency of a grain drying facility. A change order will be presented to the Council for a sprinkling system of the main room in the 5 CITY COUNCIL MINUTES - APRIL 23, 2002 facility. A wastewater permit was authorized by the MPCA with no phosphorous limits that need to be met. An A WW A Waterworks Convention will be held in June and Randy DeVries, Director of Water/Wastewater/Resource Recovery, recommended that it may be beneficial for the Mayor and council members to attend. A meeting was held with the Carver County Solid Waste Board, where the City of Hutchinson presented on the compost site. Carver County has interest in developing a site similar to Hutchinson's. Gary Plotz presented before the County Commissioners on tax abatement - the County board approved to work on a county policy to address tax abatement. Discussion was held on an alternative liquor store site location or a second location. The City's Vision Statement was reviewed. Benchmarking is going to be conducted within each department and create measurements for each area. The Fair Board approved deeding the fairgrounds property to the County. Mr. Plotz recommended that a committee be appointed consisting of two council members and members of city staffto work with county representatives on this transition.Mayor Torgerson and Duane Hoversten will sit on this committee, as well as Gary Plotz and Dolf Moon to meet with County representatives. Motion by Mlinar, second by Peterson to appoint Mayor Torgerson, Duane Hoversten, Gary Plotz and DolfMoon to a sub-committee to work with county representatives on the McLeod County Fairgrounds transition. Motion carried unanimously. John Rodeberg - Mr. Rodeberg stated that a meeting was held last week with the Jefferson Street residents regarding the assessment policies of the City. Staff is proposing to move ahead with the annexation of the Jefferson Street area and it can be approved by ordinance. A questionnaire is going to be sent out by McLeod County to the residents relating to the opinion of the residents of moving ahead with the project. The County will be leading this entire process. Mr. Rodeberg also noted that there was a request by the owners of Salon Montage for closing of the sidewalk in front of their business on Main Street. This request will be forwarded to the police department for final approval. Marlin Torgerson - Mayor Torgerson noted that on May 4 there are several events occurring in Hutchinson. They include the Bike & Blade Bonanza, City-wide Garage Sale, VFW Meeting, and the Zuhrah Shrine Spring Ceremonial and Parade. Mayor Torgerson also reminded residents that a Board of Equalization meeting will be held on May 9, 2002, at 4:30 p.m. Lastly, Mayor Torgerson noted that he City of Hutchinson is one ofthree finalists for an environmental award. 10. CLAIMS. APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS A Motion by Mlinar, second by Peterson, to approve and authorize payment of V erified Claims A from appropriate funds. Motion carried unanimously. 11. ADJOURN With no further business to discuss, the meeting adjourned at 6:50 p.m. 6