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06-25-2002 CCM MINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL JUNE 25, 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, and Kay Peterson. Member absent was Duane Hoversten. Also present were Gary Plotz, City Administrator, Marc Sebora, City Attorney and John Rodeberg, Director of Engineering/Public Works. 2. INVOCATION - Due to the absence of Rev. Todd Ertsgaard, Oak Heights Covenant Church, the mvocatlOn was dispensed. 3. MINUTES (a) REGULAR MEETING OF JUNE 11,2002 Minutes were approved as presented 4. CONSENT AGENDA (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. PIONEERLAND LIBRARY SYSTEM FINANCIAL REPORT FOR APRIL 2002 2. PIONEERLAND LIBRARY SYSTEM BOARD MINUTES FROM APRIL 18,2002 3. PARKS, RECREATION & COMMUNITY EDUCATION BOARD MINUTES FROM MAY 2, 2002 4. HUTCHINSON HOUSING & REDEVELOPMENT AUTHORITY BOARD MINUTES FROM MAY 29, 2002 5. HUTCHINSON AREA HEALTH CARE FINANCIAL REPORT FOR MAY 2002 6. HUTCHINSON AREA HEALTH CARE BOARD MINUTES FROM MAY 21,2002 7. CITY OF HUTCHINSON FINANCIAL REPORT FOR MAY 2002 8. CITY OF HUTCHINSON INVESTMENT REPORT FOR MAY 2002 (b) RESOLUTIONS AND ORDINANCES 1. RESOLUTION NO. 11963 - RESOLUTION SUPPORTING THE EXTENSION OF ROLLING MEADOWS, BUILDING BETTER NEIGHBORHOODS PROGRAM 2. RESOLUTION NO. 11964 - RESOLUTION FOR PURCHASE OF FIBER OPTIC CABLE (c) PLANNING COMMISSION ITEMS 1. CONSIDERATION OF PRELIMINARY PLAT SUBMITTED BY FREDERICK SELTZ, JAMES HEIKES AND HENNEN'S TO BE KNOWN AS SELTZ SUBDIVISION LOCATED ON HIGHWAY 7 EAST AND HIGHWAY 22 WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (ADOPT RESOLUTION NO. 11965) CITY COUNCIL MINUTES - JUNE 25, 2002 2. CONSIDERATION OF A CONDITIONAL USE PERMIT REQUESTED BY ROGER DERRICK, VILLAGE HOMES OF HUTCHINSON INC., TO CONSTRUCT FOUR TO SIX-PLEX BUILDINGS WITHIN AN R-3 DISTRICT LOCATED IN RAVENWOOD PLAT WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (ADOPT RESOLUTION NO. 11966) 3. CONSIDERATION OF A VARIANCE REQUESTED BY DONOVAN BOETTCHER, 745 - 4TH AVENUE SW, TO REDUCE FRONT YARD SETBACK FROM 25 FEET TO 15.2 FEET FOR CONSTRUCTION OF AN ADDITION WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (ADOPT RESOLUTION NO. 11967) 4. CONSIDERATI@N OF A CONDITIONAL USE PERMIT REQUESTED BY TROY ROLING, 47 - 5T AVENUE NE, FOR CONSTRUCTION OF A 1344 SQUARE FOOT DETACHED GARAGE WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (ADOPT RESOLUTION NO. 11968) 5. CONSIDERATION OF A VARIANCE REQUSTED BY JAMIE EMANS, 885 HIGHWAY 7 WEST, TO CONSTRUCT A 12' X 26' STORAGE SHED ON PROPERTY ZONED C-4 WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (ADOPT RESOLUTION NO. 11969) 6. igN~WE~6~ Ort ~~A~bL~iI~~~l?~ ~~~g~1fAM~~RES~~~~ RECOMMENDATION AND FAVORABLE RECOMMENDATION (ADOPT RESOLUTION NO. 11970) 7 . CONSIDERATION OF ORDINANCE NO. 02-319 - AN ORDINANCE OF THE CITY OF HUTCHINSON VACATING ALL UTILITY AND DRAINAGE EASEMENTS LOCATED IN LOT 1, LOT 2 AND LOT 3, BLOCK 3, HELLAND'S SEVENTH ADDITION (WAIVE FIRST READING AND SET SECOND READING AND ADOPTION FOR JULY 9, 2002) (d) CONSIDERATION FOR APPROVAL OF MASSAGE LICENSE FOR PAMELA BOLL DBA RED CLOVER MASSAGE & WELLNESS (e) CONSIDERATION FOR APPROVAL OF OUT-OF-STATE TRAVEL FOR STEVE MADSON FROM JULY 21 - 24, 2002, TO ATTEND THE FBI NAA TRAINING CONFERENCE (f) LETTING NO.7, PROJECT NO. 02-16 - 1ST ADDITION TO RA VENWOOD (ORDERING PREPARATION OF REPORT AND RECEIVING REPORT AND CALLING HEARING ON IMPROVEMENT) (g) ASSESSMENT ROLL NO. 5056- LETTING NO.3, PROJECT NO. 02-06 (ADOPTING REVISED ASSESSMENT) (h) CONSIDERATIONFORAPPROV AL OF SHORT-TERM NON-INTOXICATING MALT LIQUOR LICENSE FOR R.C. PROMOTIONS ON JULY 20,2002, AT THE MCLEOD COUNTY FAIRGROUNDS (i) CONSIDERATION FOR APPROVAL OF SHORT-TERM GAMBLING LICENSE FOR MINNESOTA DEER HUNTERS ASSOCIATION FOR MARCH 23, 2003, AT MCLEOD COUNTY FAIRGROUNDS Motion by Mlinar, second by Peterson, to approve consent agenda. Motion carried unanimously. 2 CITY COUNCIL MINUTES - JUNE 25, 2002 5. PUBLIC HEARING - 6:00 P.M. - WASTE MANAGEMENT The public hearing was opened to accept public comments regarding the services of Waste Management, City of Hutchinson refuse hauler. No comments were received. Motion by Peterson, second by Haugen to close the public hearing. Motion carried unanimously. Steve Metz, District Manager of Waste Management, thanked the Council for having a good working relationship with them. 6. COMMUNICATIONS. REQUESTS AND PETITIONS Bob Peterson, Hutchinson Area Health Care Board Chair, presented to the Council a brief background of the search for improved senior care facilities. Phil Graves, CEO of Hutchinson Area Health Care, presented before the Council. Mr. Graves explained that the organization has been researching options to update and revise the current senior care facilities. A task force was formed to analyze financials, location and the needs of a senior care facility. The task force determined that potential partners should be researched further due to the fact that this is their primary business and they would have the best idea of what the best choice would be to enhance senior care facilities in Hutchinson. The partners interviewed felt that potential options include adding on to the current nursing home site, linking on to the hospital, building a new facility at a new location or relocating the facility to the downtown area. The HAHC Board decided that the best option is to enter into a partnership to enhance senior care facilities, beyond nursing home care facilities. Mr. Graves also explained that by entering into a partnership, it could lead into privatizing the hospital organization and that the Council should keep that in mind. Mr. Graves requested the Council's permission to send out request for proposals to enter into a partnership to provide senior care facilities. Motion by Mlinar, second by Haugen to approve HAHC to send out Request For Proposals for partnerships for senior care facilities. Motion carried unanimously. 7. UNFINISHED BUSINESS 8. NEW BUSINESS (a) CONSIDERATIONFORAPPROV AL OF SETTING COUNCIL WORKSHOP FORJUL Y 9,2002, AT 4:00 P.M. TO DISCUSS BIOSOLIDS DRYING FACILITY AND SPACE NEEDS FOR POLICE SERVICES Motion by Peterson, second by Haugen, to set a council workshop for July 9,2002, at 4:00 p.m. Motion carried unanimously. (b) CONSIDERATION FOR APPROVAL OF PARKING LOT PAVING TIME EXTENSION FOR OAK HEIGHTS COVENANT CHURCH Julie Wischnack explained that Oak Heights Covenant Church has requested to extend the time allotted to pave their parking lot until June 2003. Planning Staff is requesting that the parking lot be paved by October 2002. It was noted that the conditional use permit was applied for approximately three years ago. Mr. Kegley, Oak Heights Covenant Church, presented before the Council. Mr. Kegley explained that the reason for the extension request is that the parking lot is currently placed on fill material and the extension would allow for an aid in compaction before the paving. Mr. Kegley further explained that the church has paved the driveway that links to South Grade Road, which resolves any plowing issues. They are also planning to apply crushed gravel as the top surface until complete paving can be done. 3 CITY COUNCIL MINUTES - JUNE 25, 2002 John Mlinar questioned John Rodeberg as to whether or not there is an advantage to wait a longer period of time to allow for more compaction. John Rodeberg explained that there is a benefit for compaction ifthere is a longer waiting period. A crushed material placed on top of the parking lot would be better than Class 5 gravel alone. Jim Haugen recommended, as a compromise, laying down one layer by October and then adding the remaining layers at a later date. John Mlinar noted that a crushed surface would take care of any gravel runoff. Kay Peterson recommended the first layer be required to be laid by October 30 and the remaining be completed by June 30, 2003. Julie Wi schnack explained that the Planning Department was attempting to put forth the effort to enforce the ordinance as written and not make exceptions project by project. Motion by Mlinar, second by Haugen, to require that grade 5 gravel and crushed rock be in place by winter 2002, with resurfacing bemg completed by June 2003. Motion carried unanimously. (c) CONSIDERATION FOR APPROVAL OF LEASE AGREEMENT WITH STATE OF MINNESOTA FOR DEPARTMENT OF MOTOR VEHICLE TESTING Julie Wischnack explained the Minnesota Department of Public Safety currently rents the Council Chambers to conduct motor vehicle testing. Staff is recommending that the rent be increased from $1040.00 per year to $1560.00 per year. The Minnesota Department of Public Safety has recently verbally requested that the rental agreement be for a length of five years, however Staff is recommending that the agreement be in place for three years as in past years. Motion by Haugen, second by Peterson to increase the rental rate to $ 1560/year and to enter into a three-year agreement. Motion carried unanimously. (d) CONSIDERATION OF PROCEDURE TO BE USED TO ADOPT REVISED HUTCHINSON CITY CHARTER Marc Sebora, City Attorney, explained that at the June 4, 2002, Joint Meeting with the Charter Commission, the City Council accepted receipt ofthe proposed revised charter. Mr. Sebora further explained that the two options for adopting the Charter are either to bring it to the public for a vote or to adopt it by ordinance, with it going into effect 90 days following the adoption of the ordinance. A petition may then be circulated to override the ordinance and be voted on at an election. Marc Sebora further noted that two Charter amendments were adopted by public vote by citizens of Hutchinson in the Fall of 2000. Mr. Sebora made note that these amendments were reflected as changes in the proposed revised Charter due to the fact that they were new changes since the 1987 Charter revision. There was a concern raised by Steve Cook that if the proposed Charter would be rejected by the citizens, these amendments would also be rejected due to the fact that they appear as proposed changes. Therefore, a revised Charter has been distributed to include these approved 2000 amendments noting them not as changes or red-lined items, but as original wording included in the 1987 Charter. Motion by Mlinar, second by Peterson, to pose the newly revised Charter to the citizens for a vote at the November election. Motion carried unanimously. 9. MISCELLANEOUS (a) COMMUNICATIONS 4 CITY COUNCIL MINUTES - JUNE 25, 2002 John Rodeberg stated that staff has surplus vehicles that they would like to sell by receiving bids. He requested the authority to advertise these items and sell them to the highest bidder. Motion by Mlinar, second by Haugen to approve the sale of surplus property. Motion carried unanimously. John Rodeberg also noted that Ken Merrill is requesting that a workshop be scheduled to meet with the auditors. Motion by Peterson, second by Haugen to set Council workshop for July 23,2002. Motion carried unanimously. John Rodeberg also noted that a subdivision agreement for grading work in the Ravenwood development needs to be approved so that work can be started immediately.. Motion by Peterson, second by Mlinar to approve grading subdivision agreement. Motion carried unanimously. John Mlinar - John Mlinar requested that a draft ofthe tax abatement policy be distributed. Mr. Mlinar also noted that requests have been made in the 9tli Avenue area for a larger pipe to be placed for drainage issues. John Rodeberg explained that due to the vast amount of rain over the last four days, the systems just cannot keel? up, simply the conditions are beyond the City's control. Mr. Rodeberg noted that the maJonty ofthe City's systems have been operating as they are intended for. All issues are trying to be addiliessed the best as possible. Mr. Rodeberg noted that the pipe currently being put into the 9 Avenue basin is the appropriate size for the area that it is leading into. The pipe being put in is designed to support the north end ofthe city. A larger storm sewer pipe does not necessarily take care of all the issues at hand. Kay Peterson - Kay Peterson thanked city staff for all of the hard work during the Water Carnival. Gary Plotz - Gary Plotz explained that due to the recent rain storms, city crews will be picking up broken branches off the boulevards and a roll-off container will be at the Compost Site for wet/soiled carpets. The container will be available from June 26 - July 3. Mr. Plotz also noted that the City of Hutchinson is organizing an appreciation dinner for Representative Ness on July 11,2002, at 6:00 p.m. Due to the fact that a majority of the Council members will be in attendance, the City Attorney recommended setting this as an official meeting. Motion by Mlinar, second by Peterson to approve this date as an official meeting time. Motion carried unanimously. John Rodeberg - John Rodeberg noted that the water levels at the dam are alleviating and no gates have been opened. The police department is keeping an eye on the dam and will notifY him at any time if it appears that the water starts to rise uncontrollably. Mr. Rodeberg also noted that the water levels at the wastewater plant are approximately 50% lower than previous years and is more than likely due to the sump pump project. If the project would not have been in place, the odds are very good that sewage would have been flowing into the Crow River. Marlin Torgerson - Mayor Torgerson noted that following the last rain storm, the pond og California Street was full, but the catch basin was accepting water perfectly. The area on 5 Avenue NW and James Street was as deep as the top of the fire hydrant, approximately 3 - 4 feet. The catch basins were just full and could not take anymore water. He commended the residents in this area for their understanding and patience. Mayor Torgerson also commended all city staff and departments that aided the residents through the storm damages. Mayor Torgerson also requested that all residents be aware of the catch basins in their area and make sure they are kept clean. 5 CITY COUNCIL MINUTES - JUNE 25, 2002 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 6:40 p.m. 6