Loading...
07-23-2002 CCM MINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL JULY 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, Marc Sebora, City Attorney and John Rodeberg, Director of Engineering/ Public Works. 2. INVOCATION - Rev. Max Myers, of Riverside Assembly of God Church, delivered the mvocatlOn. PRESENTATION OF AWARD OF EXCELLENCE TO CITY OF HUTCHINSON FROM MINNESOTA RECREATION & PARKS ASSOCIATION (MRPA) FOR VETERANS MEMORIAL PARK Cheryl Corman, City of New Ulm, also a representative from MRPA, presented an award of excellence to Lawrence Winter, who accepted on behalf ofthe Parks & Recreation Department. This award was given to the City of Hutchinson because of the exemplary work completed on the Veterans Memorial Park. Mayor Torgerson also expressed appreciation to the various county individuals that aided in the development of this park. 3. MINUTES (a) REGULAR MEETING OF JULY 9, 2002 (b) BID OPENING MINUTES FROM JULY 11, 2002 Minutes were approved as presented 4. CONSENT AGENDA (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. PIONEERLAND LIBRARY SYSTEM BOARD MINUTES FROM MAY 16, 2002 2. PIONEERLAND LIBRARY SYSTEM FINANCIAL REPORT FOR MAY 2002 3. HUTCHINSON AREA HEALTH CARE BOARD MINUTES FROM JUNE 18,2002 4. PLANNING COMMISSION MINUTES FROM JUNE 18, 2002 5. PLANNING COMMISSION SPECIAL MEETING MINUTES FROM JULY 2,2002 6. CITY OF HUTCHINSON FINANCIAL REPORT FOR JUNE 2002 7. CITY OF HUTCHINSON INVESTMENT REPORT FOR JUNE 2002 (b) RESOLUTIONS AND ORDINANCES 1. RESOLUTION NO. 11984 - RESOLUTION AUTHORIZING HUTCHINSON TELEPHONE COMPANY TO MAKE DIRECT PAYMENT TO HUTCHINSON COMMUNITY VIDEO NETWORK FOR PUBLIC, EDUCATION AND GOVERNMENT PROGRAMMING ACCESS CHANNELS 2. RESOLUTION NO. 11985 - RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT FOR SAFE AND SOBER CAMPAIGN CITY COUNCIL MINUTES - JULY 23, 2002 3. RESOLUTION NO. 11986 - RESOLUTION DESIGNATING THE LOCATION OF THE POLLING PLACE FOR ALL CITY PRECINCTS AND APPOINTING JUDGES FOR THE 2002 CITY OF HUTCHINSON AND PRIMARY AND GENERAL STATE ELECTIONS 4. RESOLUTION NO. 11993- RESOLUTION AMENDING RESOLUTION NO. 11780 ESTABLISHING INCOME GUIDELINES AND ASSET LIMITATIONS FOR SENIOR & DISABLED CITIZENS DEFERRED ASSESSMENTS AND SENIOR & DISABLED CITIZENS REDUCED REFUSE RATE (c) PLANNING COMMISSION ITEMS 1. CONSIDERATION OF CONDITIONAL USE PERMIT AND VARIANCE REQUESTED BY TONY BENTON, PROPERTY OWNER, TO REPLACE EXISTING GARAGE THREE FEET FROM PROPERTY LINE AND HARD SURFACE DRIVEWAY UP TO THE PROPERTY LINE AT 418 MILLER AVENUE SW WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (ADOPT RESOLUTION NO. 11979) 2. CONSIDERATION OF A CONDITIONAL USE PERMIT REQUESTED BY WILLIAM HAACK, PROPERTY OWNER, TO MOVE AN 18' X 18' GARAGE ONTO PROPERTY LOCATED AT 705 GROVE STREET SW WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (ADOPT RESOLUTION NO. 11981) 3. CONSIDERATION OF A CONDITIONAL USE PERMIT REQUESTED BY CITY OF HUTCHINSON POLICE DEPARTMENT TO MOVE A HOUSE FROM 127 - 1ST AVENUE SW TO 1100 ADAMS STREET SE WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (ADOPT RESOLUTION NO. 11982) 4. CONSIDERATION OF A LOT SPLIT LOCATED AT 500 GOLF COURSE ROAD SUBMITTED BY JEFF MUNSELL, PROPERTY OWNER WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (ADOPT RESOLUTION NO. 11983) (d) CONSIDERATION FOR APPROVAL OF SHORT-TERM GAMBLING LICENSE FOR 3M CLUB ON SEPTEMBER 13 -14, 2002, AT 3M CLUB BUILDING ( e) CONSIDERATION OF REAPPOINTING JOHN HOULE TO HRA BOARD FOR FIVE- YEAR TERM (f) CONSIDERATION OF OUT-OF-STATE TRAVEL REQUEST FOR SERGEANT CHRIS DOBRATZ AND INVESTIGATOR MICHELLE HAMMOND-JOHNSON TO ATTEND THE NATIONAL CENTER FOR MISSING & EXPLOITED CHILDREN IN DALLAS, TEXAS FROM AUGUST 6 TO AUGUST 9, 2002 (g) CONSIDERATION OF ACCEPTING BIDS FOR SALE OF SURPLUS PROPERTY (CITY VEHICLES) (h) CONSIDERATION FOR APPROVAL OF ROOF REPLACEMENT (THREE SECTIONS) ON THE PLAZA 15 SHOPPING CENTER Motion by Haugen, second by Hoversten, to approve consent agenda. Motion carried unanimously. 5. PUBLIC HEARING- 6:00 P.M. (a) LETTING NO.9, PROJECT NO. 02-18 (JEFFERSON STREET SE) - ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS AND 2 CITY COUNCIL MINUTES - JULY 23, 2002 APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS John Rodeberg, Director of Engineering/Public Works, noted that this is the first public hearing for the Jefferson Street annexation proj ect. This area officially was annexed into the city July 21,2002. Mr. Rodeberg explained the process used when ordering improvement projects and calling for bids. He stated that after bids are received and awarded, actual cost figures will be sent to the residents. Mr. Rodeberg explained the various payment options as well as the deferred assessment plan. Mr. Rodeberg went on to explain that this project is parented by McLeod County, however the City has a joint powers agreement with the County to assist in the project work. The work projected to be completed for 2002 is to put in sanitary storm sewer and a gravel overlay. Mr. Rodeberg explained that McLeod County will cover the costs of street and path costs and all storm sewer costs related to providing service to the street. The City will be covering the costs for reconstruction of sanitary sewer and watermain for parcels previously in the city limits, previously assessed parcels for street and trunk storm sewer extension. Mr. Rodeberg explained that the costs to the property owners will be formulated to be assessed in the most fair manner amongst all residents. Mr. Rodeberg went on to briefly explain deferred assessments policies and procedures. Mr. Rodeberg presented the estimated project costs and assessment amounts. Michelle Shufelt, 1324 Jefferson St., explained that she has safety concerns regarding the transportation and parking during construction due to the fact that she operates a home daycare. Mr. Rodeberg explained that the contractors who are awarded the bid will be instructed do their best to make sure there are openings and accommodations for her customers, and all residents. Ms. Shufelt also had concerns regarding the school bus routes and pickup and drop offs for the children. Mr. Rodeberg explained that school buses do not drive on construction routes and they will need to locate different pickup/drop off sites. They will make every effort to make sure the pickup/drop off sites are in the same location throughout the project. Brian Burgess, 1383 Jefferson St., presented before the Council. Mr. Burgess recited a letter on behalf of Keith and Mary Wagner,whom were not able to be present. The Wagners were opposed to the project mamly due to the high costs. Mr. Burgess is also opposed to the annexation proj ect and requested the Council to grant John Rodeberg the authority to be able to negotiate with him on the assessed amounts of his property, as they did with American Energy Systems and Deane Dietel, as Mr. Burgess's estimated assessment amounts are approximately $42,000. He also requested of the Council the authority to negotiate on the sale of the property on the other side of the river. Mayor Torgerson stated that more information will need to be obtained before negotiations could be considered. Mayor Torgerson also noted that there were extenuating circumstances with Mr. Dietel's property that do not relate to Mr. Burgess's property. However, the City will work with the Burgess's in some way regarding the assessed amount. Motion by Peterson, second by Haugen to close the public hearing. Motion carried unanimously. Motion by Mlinar, second by Hoversten, to approve the preparation reports of Letting No.9, Proj ect 02-18. Motion carried unanimously. John Mlinar commented that this action is only to obtain bids and not to approve the project. 6. COMMUNICATIONS. REQUESTS AND PETITIONS (a) COMMENTS FROM BECKY W ALRADTH REGARDING 9TH AVENUE Becky Walradth, resident of 9th Avenue, presented before the Council. Ms. Walradth commented that she has previously spoken with both Gary Plotz and John Rodeberg regarding the flooding in her neighborhood. She feels that the immense flooding is due to non-sufficient 3 CITY COUNCIL MINUTES - JULY 23, 2002 storm sewer drainage. She has been assurred by City staff that the issue will be monitored. Mike Keeler, 10th Avenue, presented before the Council. Mr. Keeler asked John Rodeberg if there were any 'plans to replace the storm sewer system on 1 Oth Avenue in the future. Mr. Rodeberg explamed that there are three PJiojects scheduled in the next two years that will assist with the storm sewer drainage in the 1 0 Avenue area. There is also a specific replacement project proposed for 1 Oth Avenue in 2004, however more details will need to be considered. Mr. Keeler questioned whether or not there might be something broken or blocking the line that might be backing up the streets so rapidly. Mr. Rodeberg explained that this area has been investigated and there is nothing that is visibly broken or blocked. Mr. Rodeberg clarified that the line placed in 1 Oth Avenue intersected an old county tile line, which may be causing a problem. John Rodeberg stated that staff will check this line to make sure there are no blockages. Becky Walradth asked what short-term solt\}tions there are to address the flooding issues on 10th Avenue. Ms. Walradth's concern with 10 Avenue is that when it rains, this street floods into her backyard. Mr. Rodeberg responded that there really are no short-term solutions available. Coleen Mickolicek, 10th Avenue resident, presented before the Council. Ms. Mickolicek commented that she had looked into the catch basins and noticed broken-off pieces of cement on the bottom. John Rodeberg explained that the system line could be breaking off due to aging. Ms. Mickolicek also commented that their home had sanitary sewer backup and requested that their mound be cleaned out on a more regular schedule. John Rodeberg stated that he would put the request in to the appropriate department to make sure all mounds are cleaned on a regular schedule. Ms. Walradth asked the Council, that in the event that her home owner's insurance cancels them, will the City cover them for insurance. She has received a cancellation notice from her insurance company because she has had three claims in two years. Duane Hoversten commented that he has received a notice similar in nature and that he will be working with his insurance company to try and resolve the issue. He understands how she feels as he is in the same type of situation. John Mlinar asked if top water could be contributing to the problems these neighborhoods are having. John Rodeberg stated that top water is an issue and that the designs of sewer lines from fifty years ago that take in top water are not designed as they are today. Therefore, the older areas of town tend to have more issues as compared to the newer areas of the city. John Mlinar commented on whether or not sandbags or some other item could be used as a short-term aid. Mr. Rodeberg felt that would not be the appropriate solution. Sayles Walradth, 9th Avenue resident, asked ifthe City could obtain easements to place holding ponds on private property. John Rodeberg stated that the city would be able to go through condemnation proceedings if there were no other solutions to address these problems. 7. UNFINISHED BUSINESS 8. NEW BUSINESS (a) CONSIDERATION OF A CONDITIONAL USE PERMIT REQUESTED BY MPI CHOPPERS, INC., APPLICANT, TO ALLOW SALE OF USED MOTORCYCLES IN THE C-4 DISTRICT LOCATED AT 492 HWY 7 EAST WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (ADOPT RESOLUTION NO. 19980) Julie Wischnack, Planning/Zoning Director, presented to the Council. Ms. Wischnack explained that the Planning Commission voted to approve this item on a 6-1 vote. John Mlinar noted that the controversial issue was the amount of motorcycles being displayed at one time. 4 CITY COUNCIL MINUTES - JULY 23, 2002 Ms. Wischnack explained that the Planning Commission recommended that a large size lot be used to display a maximum number of 15 motorcycles at one time. Motion by Mlinar, second by Haugen, with Peterson abstaining, to approve the conditional use permit for MPI Choppers, Inc. Motion carried unanimously. (b) REVIEW OF 2001 CITY AUDIT Kyle Meyers, of the auditing firm of Abdo, Abdo, Eick and Meyers, presented before the Council. Mr. Meyers did comment that the City was awarded an award of excellence as a result of the audit. Mr. Meyers gave an overview of the findings of the audit. There was only one non-compliant issue and the auditors reported that there were no material weaknesses found in the audit. Duane Hoversten asked Mr. Meyers if there were any internal controls that could be conducted to avoid any of the issues that have occurred with other city entities as well as private businesses. Mr. Meyers did state that his firm would be able to conduct some internal controls that would measure activity within the organization. John Mlinar commended Ken Merrill, Finance Director, for his excellent work for the past 25 years. (c) CONSIDERATION OF REJECTING BIDS FOR AIRPORT SAFETY IMPROVEMENTS (LETTING NO. 12, PROJECT NO. 02-21) John Rodeberg stated that the bids came in much higher than anticipated. This project will be rolled over into a project for next year. Motion by Mlinar, second by Haugen, to reject the airport safety improvement project. Motion carried unanimously. (d) CONSIDERATION OF APPROVING CONSULTANT CONTRACT WITH HOWARD R. GREEN FOR WATER TREATMENT OPTION ANALYSIS John Rodeberg explained that HDR Engineering has completed their final report regarding the Water Treatment plant. Based on their studies they have made a recommendation to biologically treat the water with the addition of a pH adjustment. However, staff has concerns that by adjusting the pH, this could cause problems with copper levels in the water, among other thmgs. The Department of Health and a second consultant do not feel that this is the most viable option. Staff feels it is essential to obtain another opinion on this recommendation. Due to the vast dollar amount related to the project, staff feels it needs to have all necessary studies completed. Motion by Hoversten, second by Peterson, to enter into consultant agreement with Howard R. Green Company to report on the feasibility of biological treatment and pH adjustment of water at the Water Treatment Plant. Motion carried unanimously. ( e) DISCUSSION OF OLD CITY DUMP AND PUBLIC SAFETY TRAINING SITE John Rodeberg explained that three different projects are occurring at the old city dump site currently. They are: 1) environmental site assessments by the MPCA, part ofthe Voluntary Inspection and Cleanup Program, 2) the river bank erosion program and 3) construction of the public safety traimng site. John Rodeberg explained that the City will need to start picking up some costs relating to the MPCA site assessments. The MPCA has paid for the costs so far through grant money, however effective July 1,2002, costs are the responsibility of the city. John Rodeberg went on to explain that the river bank erosion project is the largest project of the three at this time. 5 CITY COUNCIL MINUTES - JULY 23, 2002 (f) CONSIDERATION FOR APPROVAL OF ACKNOWLEDGING REVISIONS TO SECTION 2.09 AND 4.01 OF PROPOSED CITY CHARTER AMENDMENTS Marc Sebora, City Attorney, presented before the Council. Mr. Sebora referred to a meeting on June 4, 2002, in which the Council publicly received and acknowledged the proposed City Charter. However, sections 2.09 and 4.01 did not read verbatim as voted on in the 2000 election. Therefore, it is being requested that these revisions be considered as they are written as voted on in the 2000 election, with the revisions recommended by the Charter Commission noted as changes. John Mlinar requested that Marc Sebora investigate whether or not these revisions be signed off by the Charter Commission. Motion by Mlinar, second by Haugen, to accept these revisions to clarify the amendments voted on in the 200 election. Motion carried unanimously. (g) UPDATE ON NEW WATER BILLING STATEMENTS Ken Merrill, Finance Director, presented before the Council. Mr. Merrill explained that it has been a goal of the water billing department to have the ability to print water bills in house as opposed to off-site, which adds additional costs to the billmg system. Mr. Merrill explained that the goal is to have the new statements used for the first billing cycle in August. John Mlinar commented that it may be more clear ifthe descriptions in the account summary are able to be spelled out in completion, as opposed to abbreviating the descriptions. Mr. Merrill stated that this issue will be addressed. Mr. Merrill also explained that there is a direct payment option available for residents that may want to have payments taken directly out of their account. In addition, there are two drop boxes in the city for payments. (h) CONSIDERATION FOR APPROV AL OF HUTCHINSON AREA HEALTH CARE AND HUTCHINSON MEDICAL CENTER ENTERING INTO JOINT VENTURE TO PROVIDE MRI SCANNING SERVICES TO THE COMMUNITY Motion by Peterson, second by Hoversten, to approve the joint venture between HAHC and HMC. Motion carried unanimously. 9. MISCELLANEOUS (a) COMMUNICATIONS John Mlinar - John Mlinar made note that there are openings on the Charter Commission. Melissa Starke, Council Secretary, noted that an ad had been placed in the July 23 and July 25,2002, Hutchinson Leader editions advertising the openings. Mr. Mlinar also made note that the workshops prior to the Council meetings are open to the public. Mr. Mlinar also recommended saying the pledge of allegiance before Council meetings. Duane Hoversten - Mr. Hoversten stated that there are two openings on the HRA Board and anyone interested in serving should contact him or Jean Ward at City Center. Gary Plotz - Mr. Plotz stated that the Jefferson St. Annexation and the 9th Avenue neighborhood projects were discussed at the Team Leadership Meeting this morning. Also, a steering committee to plan the city appreciation picnic is recommending that September 19, 2002, be set for the picnic. Mr. Plotz also requested that the workshop scheduled for August 13,2002, to discuss the compost site's blendmg line be rescheduled to August 27,2002, due to a conflict in the marketing consultant's schedule. Motion by Peterson, second by Mlinar, to cancel August 13,2002, workshop and reschedule it for August 27,2002, at 4:00 p.m. Motion carried unanimously. John Rodeberg - John Rodeberg noted that he has found a possible funding source in the Corp. of Engineers for the Crow River Dam project. Mr. Rodeberg requested ofthe Council 6 CITY COUNCIL MINUTES - JULY 23, 2002 the authority to pursue obtaining this funding. Motion by Peterson, second by Hoversten to authorize John Rodeberg to pursue grant money from the Corp. of Engineers for the Crow River Dam project. Motion carried unanimously. 10. CLAIMS. APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS A Motion by Peterson, second by Haugen, 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 7:20 p.m. 7