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07-09-2002 CCM MINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, JULY 9, 2002 1. CALL TO ORDER - 5:30 P.M. Mayor Marlin Torgerson called the meeting to order. Council Members present were John Mlinar, Jim Haugen, Duane Hoversten and Kay Peterson Also present were Gary Plotz, City Administrator, Marc Sebora, City Attorney and John Rodeberg, Director of Engineering/Public Works. 2. INVOCATION - Rev. Max Myers, Riverside Assembly of God Church 3. MINUTES (a) REGULAR MEETING OF JUNE 25, 2002 (b) BID OPENING MINUTES FROM JUNE 28, 2002 ( c) BID OPENING MINUTES FROM JULY 2, 2002 Minutes were approved as presented 4. CONSENT AGENDA (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. HUTCHINSON PUBLIC LIBRARY BOARD MINUTES FROM MAY 20, 2002 2. HUTCHINSON UTILITIES FINANCIAL REPORT FOR MAY 2002 3. HUTCHINSON FIRE DEPARTMENT MONTHLY REPORT FOR JUNE 2002 4. BUILDING DEPARTMENT MONTHLY REPORT FOR JUNE 2002 (b) RESOLUTIONS AND ORDINANCES 1. 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 (SECOND READING AND ADOPTION FOR JULY 9, 2002) (c) CONSIDERATION FOR APPROVAL OF SHORT-TERM NON-INTOXICATING MAL T LIQUOR LICENSE FOR MCLEOD COUNTY FAIR BOARD FROM AUGUST 16 - 20, 2002 AT MCLEOD COUNTY FAIRGROUNDS (d) CONSIDERATION FOR APPROVAL OF PLACING ADVERTISEMENT TO SELL ELECTION PRECINCT COUNTERS ( e) CONSIDERATION FOR APPROVAL OF TRANSIENT MERCHANT LICENSE FOR ROBERT PAUL TO SELL CLOTHING ON JULY 17,2002 AT HUTCHINSON EVENT CENTER CITY COUNCIL MINUTES - JULY 9, 2002 (f) CONSIDERATION FOR APPROVAL OF HUTCHINSON FIRE DEPARTMENT BYLAWS Motion by Ms. Peterson, second by Mr. Mlinar, to approve consent agenda. Motion carried unanimously. 5. PUBLIC HEARING- 6:00 P.M. (a) ASSESSMENT ROLL NO. 5057/LETTING NO. l/PROJECT NO. 02-02 (2ND AVENUE SE) - ADOPTING ASSESSMENT AND ACCEPTING BID AND AWARDING CONTRACT John Rodeberg commented on the location of the construction. He stated reconstructing Second Avenue will decrease residents flooding issues. Mr. Rodeberg explained ponding in the area and the splitting of assessments. He commented on the costs and the formal objection by the Haefners, American Energy Systems. Dean Dietel, 845_2nd Ave. S.E., commented on the flooding problems he has experienced over the years. He stated he does not object to the project. He does have concerns with the cost to his property and the benefit the property would receive from the construction. Mr. Rodeberg stated the cost is high for residential and would like approval by the City Council to negotiate with Mr. Dietel. He stated the work would lessen the impact of the water however, there must be a reasonable amount of benefit to the parcel. He commented this is an unusual circumstance. Discussion followed on the non-conforming structures on the property and the difficulty in replacing a home on the property. !ulie Wischnack stated future owners of the property would be required to carry flood msurance. Discussion followed on leaway to negotiate the cost with property owners and come back to the Council with recommendations. Richard McClure, 945 - 5th Ave. S.E., thanked Mr. Rodeberg for his cooperation in the development of his property. He voiced concerns with the benefits of the pond for his property. Mr. Rodeberg reminded the City Council ofthe conditions on the Conditional Use Permit approved for Mr. McClure stating he would not have to construct a pond on his property however he would be assessed for this pond. Mike Haefner, American Energy Systems, 150 Michigan St., commented on his letter of objection to the Council. Ms. Peterson moved to close the hearing, second by Mr. Mlinar the hearing closed at 6:30 p.m. Ms. Peterson made a motion to recommend approval of the project and delay the assessments to a later date after negotiations with property owner. Second by Mr. Haugen the motion carried unanimously. Mr. Haugen moved to formally acknowledge the objection by American Energy Systems, second by Ms. Peterson the motion carried unanimously. 2 CITY COUNCIL MINUTES - JULY 9, 2002 (b) LETTING NO. 7/PROJECT NO. 02-16 (lST ADDITION TO RAVENWOOD) - ORDERING IMPROVEMENT AND PREPARATION OF PLANS & APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS Mr. Rodeberg explained the location of the property and commented on ownership of the property and difficulty with the proj ect. He explained the assessment costs and stated this is the first part of the process and a second hearing will take place in a month. Lucille Arlt, 1091 Blackbird Trial, asked who is responsible for the costs. Mr. Rodeberg stated the property owner would be responsible however he does not know the agreement between the property owners and the developers in this case. He stated the original Subdivision Agreement states the development will have private improvements and now a portion of the improvements will be public. Atty. Marc Sebora will research the agreement. Mr. Rodeberg stated he is not sure of ownership at this time. Ms. Peterson moved to close the hearing. Second by Mr. Hoversten the hearing closed at 6:40 p.m. Ms. Peterson moved to order the improvement and prepare plans and specifications and order advertisement for bids. Seconded by Mr. Mlinar the motion carried unanimously. 6. COMMUNICATIONS. REQUESTS AND PETITIONS Building Official Barry Greive commented on the water damage and mold in apartments after the large rainfall. He reported the State Dept. of Health does have instructions on cleaning mold. 7. UNFINISHED BUSINESS 8. NEW BUSINESS (a) CONSIDERATION FOR APPROVAL OF CHANGE ORDER NO.5 FOR BIOSOLIDS DRYING FACULTY Mr. Ed Nevers summarized the change order for additional safety features. Mayor Torgerson stated the change order was presented and discussed at the workshop preceding the meeting. Mr. Mlinar made a motion to approve the change order. The motion was seconded by Mr. Haugen. Ms. Peterson stated the change is for safety. Mr. Mlinar stated this change order may eliminate future problems. The motion carried unanimously. (b) CONSIDERATION FOR APPROVAL OF HUTCHINSON AREA FINAL AUAR Ms. Wischnack commented on the Alternative Urban Area Review (AUAR) and eXplained the reasons for the study. She stated after the AUAR is approved each council member will receive the document on a CD. Mr. Mlinar made a motion to approve the AUAR. The motion was seconded by Ms. Peterson and carried unanimously. (c) CONSIDERATION LETTING NO. 9/PROJECTNO. 02-18 (JEFFERSON STREET SE)- 3 CITY COUNCIL MINUTES - JULY 9, 2002 CONSIDERATION OF JOINT POWERS AGREEMENT WITH MCLEOD COUNTY, ORDERING PREPARATION OF REPORT AND RECEIVING REPORT AND CALLING HEARING ON IMPROVEMENT Mr. Rodeberg commented on the Joint Powers agreement and stated this will be a County project. A motion was made by Mr. Hoversten to approve the preparation of report, receiving report and calling for hearing on improvement. Second by Ms. Peterson the motion carried unanimously. (d) CONSIDERATION OF SETTING DATE AND LOCATION FOR ANNUAL CITY PICNIC FOR THURSDAY, AUGUST 22, 2002 AT HUTCHINSON EVENT CENTER Gary Plotz commented on plans for the picnic to be more of an appreciation for volunteers and employees. The event would take place at the Events Center and be held possibly in September when more people would be available to attend. He asked for two representatives from the City Council to sit on the committee. John Mlinar and Mayor Torgerson will be the council representatives on the committee. (e) CONSIDERATION FOR APPROVAL OF CONDITIONAL USE PERMIT FOR UTILITIES SUBSTATION Ms. Wi schnack commented on the conditional to the resolution. Discussion followed regarding the addition of tree plantings on the North side of the site. Mr. Mlinar made a motion to approve the conditional use permit with plantings on the North side of property. Seconded by Mr. Haugen the motion carried unanimously. (f) CONSIDERATION OF AWARDING CONTRACT FOR CREEKSIDE SOILS BLENDING LINE Mr. Plotz commented on the compo sting center and some complications in blending soils. He stated efficient equipment would help to provide a better product than compost alone. He explained performance specifications have been developed with the help of John Rodeberg. Discussion followed on the challenges in selling a higher standard product. Mr. Plotz presented the over all scope of the project. He commented on the timelme and financing of the project. Mr. Hoversten made a motion to approve the request to award the contract. Seconded by Mr. Haugen the motion carried unanimously. 9. MISCELLANEOUS (a) COMMUNICATIONS Mayor Torgerson commented on the letter received by Mr. Heidebink regarding damage due to flooding. Mr. Rodeberg stated he is working with the areas that have problem~. He explained the review of the 9th Ave. area. They are putting in a 4 foot diameter on 9 Ave. which will help the area. Becky Walradth, 55-9th Ave. N.E., commented on the damage caused in her basement by flooding. She stated the storm sewer is not working gorrectly. She voiced concern with the problems on 10th Ave. not being alleviated by the 9 Ave. storm sewer construction. Mr. Rodeberg stated there are a combination of problems however all improvements in the 4 CITY COUNCIL MINUTES - JULY 9, 2002 area will help. He explained the entire neighborhood will be reviewed. Gary Plotz - commented on there being no items for the agenda for a morning meeting. He also explained the November election deadlines. He commented on the 4:00 p.m. work shop which mcIuded: Police Chief presented improvement plan for the next 10-15 years and asked the Council to authorize staff to set a bid opening date. Mr. Mlinar made a motion to authorize staff to set a bid opening date with several options of types of building. Seconded by Mr. Hoversten, the motion carried unanimously. The Ness Appreciation dinner is to be held on July 11, 2002. There are 50 signed up to attend. Mr. Plotz asked to set a workshop for update on the blending facility. Mr. Hoversten made a motion to set a workshop at 4:00 p.m. on August 13,2002. Seconded by Ms. Peterson, the motion carried unanimously. Mayor Torgerson - commented a letter received on June 21 st regarding early morning noise at VFW Park. He asked Gary Plotz to check on the complaint. Jim Haugen - commented on possible staff follow up with a time table and options to repair in the event of flooding. Mr. Rodeberg stated they have started better infoming the public by using the web site and Channel 1 0 in an exceptional rain event. Marc Sebora - commented on the July 2nd Editorial. He stated the City Council meetings and workshops are legal and available to the public. The room used for the meetings have been adequate for the number attending. If there are more attending than the room will allow they would move to the Council Chambers. He stated the City Council Chambers is more intimidating to the public and staff. Discussion followed on the communication there is now between staff and City Council. Mr. Hoversten commented on the communication with the public also. 10. CLAIMS. APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS A Motion by Mr. Mlinar, second by Mr. Haugen, to approve and authorize payment of V erified Claims A from appropriate funds. Motion carried unanimously. Mr. Hoversten abstained from voting. (b) VERIFIED CLAIMS B Motion by Mr. Hoversten, second by Ms. Peterson, to approve and authorize payment of Verified Claims B from appropriate funds. Motion carried unanimously. 11. ADJOURN With no further business to discuss, the meeting adjourned at 7: 10 p.m. 5