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01-13-2004 CCM MINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, JANUARY 13,2004 1. CALL TO ORDER - 5:30 P.M. 2. INVOCA TION - Reverend Howard Anderson, Hunter's Ridge Community Church 3. PLEDGE OF ALLEGIANCE 4. MINUTES (a) REGULAR MEETING OF DECEMBER 23,2003 (b) ORGANIZATIONAL MEETING OF JANUARY 2,2004 Minutes were approve as presented 5. CONSENT AGENDA (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. FIRE DEPARTMENT MONTHLY REPORT FOR DECEMBER 2003 2. BUILDING DEPARTMENT MONTHLY REPORT FOR DECEMBER 2003 3. PIONEERLAND LIBRARY SYSTEM MINUTES OF BOARD MEETING FROM NOVEMBER 20, 2003 4. HUTCHINSON AREA HEALTH CARE FINANCIAL REPORT (b) RESOLUTIONS AND ORDINANCES 1. RESOLUTION NO. 12333 - CONSIDERATION FOR APPROV AL OF RESOLUTION FOR PURCHASE 2. RESOLUTION NO. 12332 - CONSIDERATION FOR APPROV AL OF RESOLUTION AMENDING THE GENERAL FUND BUDGET FOR FISCAL YEAR 2003 RESOLUTION NO. 12087 (c) CONSIDERATION OF SETTING THE ANNUAL VISIONARY WORKSHOP FOR JANUARY 28,2004 FROM 10:00 AM. TO 3:15 P.M. Item 5(b) 1 was pulled by Ken Merrill for updated/corrected cost of 5600 Toolcat (bobcat) the corrected price is $34,443 and the addition of one Ford Ranger Pickup for the compost site for $12,453. All the trucks will be purchased from Hutchinson Auto Center not Farm Rite Equipment. Motion by Council Member Stotts, second by Council Member Peterson, to approve Resolution No. 12333 with changes presented by Ken Merrill. Motion carried unanimously. Item 5(c) was pulled by Gary Plotz for discussion on the start time of workshop. Mr. Plotz was concerned that there would be too many topics to cover to finish in the amount of time originally allotted. Mr. Plotz requested the start time be 8:30 a.m. to ensure enough time to cover all the topics. CITY COUNCIL MINUTES - JANUARY 13, 2004 Motion by Council Member Peterson, second by Council Member Haugen, to set the workshop from 8:30 a.m. to 3:15 p.m.. Motion carried unanimously. Motion by Council Member Haugen, second by Council Member Peterson, to approve consent agenda as presented except for item 5(b) 1 and 5( c). Motion carried unanimously. 6. PUBLIC HEARINGS - 6:00 P.M. 7. COMMUNICATIONS, REQUESTS AND PETITIONS 8. UNFINISHED BUSINESS (a) CONSIDERATION FOR APPROVAL FOR APPOINTMENT OF NEW HRA BOARD MEMBER PAT SPETHMAN (REPLACING JOHN HOULE) There is a letter in the packet from The League of Minnesota Cities regarding the possible conflict of interest. Their opinion was that there was no conflict because "there does not appear to be any personal financial interests at stake". Council Member Arndt was concerned that "this is brining our circle of people that we need to work the whole city too closely together". There are many people in the community we can ask to serve on these committees rather than continually going to internal resources. Council Member Arndt would like to see more people involved and have the city more open so the residents feel like they are part of the city government. The Mayor and Council Member Peterson also understand and agree with this, and would like to look more diligently outside for members for board openings. Council Member Haugen stated that, due to his background, Pat Spethman will contribute considerably to commIttee and due to the findings of Mr. Sebora his job and this position are so different that they don't normally cross. Motion by Council Member Haugen, second by Council Member Peterson, to approve appointment of Pat Spethman to HRA board. Motion carried with four ayes (Kay Peterson, JIm Haugen, Casey Stotts, and Mayor Torgerson) and one nay (Bill Arndt). (b) RESOLUTION NO. 12312-CONSIDERATIONFORAPPROVALOF CONDITIONAL USE PERMIT REQUESTED BY MILES AND LINDA MCMONAGLE, PROPERTY OWNERS, TO ALLOW RESTORATION OF THE MARQUEE, CANOPY, AND TOWER LOCATED ABOVE THE ROOF LINE ON THE STATE THEATRE, 35 WASHINGTON AVENUE EAST Mayor Torgerson commented that the memo was very complete in regard to the planning commission's response in that they felt the restoration should be as close to the historical intent of the theatre and that in this case the conditional use permit was granted by the planning commission to have chasing lights in two locations. JulIe Wischnack stated that the planning commission, at their last meeting, had questioned if chasing lights were in fact flashing lights as the code was not clear. Marc Sebora added that the code was not clear on the chasing lights but there are provisions in the zoning ordinance/building code regarding signs in the downtown district area that allows them to be referred to the Downtown Review Committee. The Downtown Review Committee recommended allowing the chasing lights as long as they follow the two conditions that were outlined in the memo. Motion by Council Member Arndt, second by Council Member Haugen, to approve Resolution No. 12312, the conditional use permit requested by Miles and Linda McMonagle, property owners, to allow restoration of the marquee, canopy, and tower located above the roofline on the state theatre. Motion carried unanimously. 2 CITY COUNCIL MINUTES - JANUARY 13, 2004 9. NEW BUSINESS (a) ORDINANCE NO. 04-366 - CONSIDERATION FOR APPROVAL OF FEES/RATE ADmSTMENT (FIRST READING AND SET SECOND READING AND ADOPTION FOR JANUARY 27, 2004): . WATER . SEWER . REFUSE . STORM WATER Mr. Merrill discussed this ordinance and presented an overhead projection comparing the 2003 and 2004 rates. Water rates were increased in 2003 and will increase 5% III 2004 in anticipation of the construction of the new water plant. The sewer rates are based on a study that was commissioned by the city for waste water rates by the engineering firm employed by the city. This is the last year of that scheduled increase for sewer rates. The storm water tracks along with what John Rodeberg had been proposing, which is a 15% increase. The percentage sounds high but in the case of the single family, they go from a $1.75 to $2.00. The other rates track on that. It is being driven mainly by needs of scheduled capital improvements. When John Rodeberg originally proposed this and did a comparison to other communities with storm water systems, the City of Hutchinson is still among the lower half of cities. There was an error in the refuse rates for every other week standard service. It was $11.98 and is now $13.00, not $16.00. Everything else is as proposed. Mr. Plotz discussed a survey done of comparable cities to the City of Hutchinson. All communities in survey have only one cart picked-up. Most communities have the 30 gallon and 60 gallon containers. Only about 8% have the 90 gallon container. Mr. Plotz focused in on the 30 gallon container because that is where the city wants people to reduce the amount of refuse they are putting in their container by doing more source separation. Most people participate in the recycling program and receive a $2.00 credit. About 750 people (out of 3,600) participate in the backyard composting program and receive a credit of $1.00. For those participating in both programs, the city's rate calculation is $14.30 for 30 gallon. The City of Hutchinson also offers a second 90 gallon cart for free to its citizens (unless they do not want it). The City of Hutchinson has increased the capacity to the homeowner to source separate or to put their yard waste. The item that is not being charged off is the cost of processing material in the green cart. The Council requested that each segment be cost accounted. Through research, it was determined that the cost should be assigned to each of those entities. The budget now separates out the operating cost for collecting the City's green cart recycling (resIdential side) verses the material from outside city limits (business side). By implementing the cost accounting, it enables the City to charge the residents the actual cost. Although, If the business side were to eventually make a profit, the City could keep the residents' cost the same or even lower the rates. It is prudent to deal with cost accounting plus whatever increase could happen as the result of the re-bid so that if there is any rate increase, the City does not get hit twice. Mr. Plotz then presented an overhead that outlined the City is doing this program, which included: 1) it eliminates the need for bagged yard compost, 2) It is convenient, 3) it removes organics from inside home and recycles them rather than going to landfill, 4) there is a 20% winter and 40% summer reduction in landfill waste, 5) the City is already meeting the 25% state wide goal of landfill reduction and is easily within reach of making a 50% goal, and 6) the program is taking what would have been landfill and making It into a valuable product. Mr. Plotz also clarified that the rate adjustment for the senior citizen every other week standard service is about an 8% increase. The rate for low income seniors is $2.50 and is a rock bottom charge. The rest of the rate structure helps to subsidize the low income seniors (a decision made by Council many years ago). 3 CITY COUNCIL MINUTES - JANUARY 13, 2004 Mr. Merrill added that the City has not adjusted rates since 2001 and in the mean time the contract with Waste Management has had cost of living adjustments and the City has just been absorbing those costs. Also the landfill has had a rate increase of $1.00 per ton. Valerie Doering of954 Steven Street SW asked that the increase of the senior citizen every other week standard service rate be clarified. The mayor clarified that the price was printed in, the increase is only 8% not 39%. Council Member Stotts asked where the generated money was designated (general fund or Creekside)? Mr. Merrill explained that this is going into the enterprise fund and will cover all the costs incurred in the pick-up and costs associated with the pick-up as well as some generate some additional dollars to cover capital purchases that are being proposed for that fund. It is remaining in that fund as well as water and sewer, it will not be gOIng anywhere else. Council Member Stotts asked if it was previously budgeted? Mr. Merrill explained this was part of the budget adopted by the Council for 2004. Motion by Council Member Peterson, second by Council Member Stotts, to approve first reading with change to senior citizen every other week standard to corrected amount of $13.00 and set second reading and adoption of Ordinance No. 04-366 for January 27,2004. Motion carried unanimously. (b) CONSIDERATION OF REVISIONS TO ORDINANCE REGARDING SEASONAL DISCHARGE OF SUMP PUMPS John Olson explained that waste water ordinance and the storm water ordinance do not allow for special provisions regarding storm water, sump pumps, etc. Mr. Rodenberg, in his memo, is asking that council make an exception to these ordinances for health and safety reasons until a better long term solution can be determined. There are some homes that have problems due to how a house is situated on a piece of property or the house is not in an area that is accessible to storm water drains. The homeowner would be required to contact the engineering department in writing to explain why a sump pump is needed in their home. The engineering department could then review and come up with ideas to address their problem (hopefully without dumping it into the waste water system). Most problems can be handled with connecting a sump pump to the waste water system. The penalty for putting in a sump pump without contacting the engineering department is $100 per month from last Inspection. Council Member Peterson asked the City Attorney because this is not in the original ordinance, how this should be handled? Mr. Sebora explained that the engineering dept is asking for an opportunity to individually make some decisions on enforcement as they already have power to do while they try to reconcile state and federal regulation and try make better plan for next fall. Council Member Arndt asked if there are many sump pumps connected dIrectly to the storm water system. Mr. Olson stated that there are and in the new projects there are actual connections to the property line. Motion by Council Member Arndt, second by Council Member Haugen, to approve the consideration of revision of ordinance regarding seasonal discharge of sump pumps. Motion carried unanimously. (c) CONSIDERATION OF PURCHASE OF REAL ESTATE BY THE CITY OF HUTCHINSON FOR PUBLIC PURPOSE John Olson presented an overhead map for the Council. In 2000 the City received a temporary permit to construct from Bullert a road. Overtime the City has had trouble connecting and have had divergent numbers to work with. Mr. Bullert's attorney has made an offer to settle at $27,500. The recommendation would be to accept that offer with the condition that the property owner would maintain the adjacent property (some of it is currently being done by parks department). The Erickson & Templin property is needed to finish this plat out to golf course road and to 4 CITY COUNCIL MINUTES - JANUARY 13, 2004 serve as development. Half of right of away was platted when Huski addition was put in, in order to finish that the City needs that property. The funding for the Erickson & Templin acquisition comes from the bonding the new road going through. The funding for the Bullert property is from county acquisition. Motion by Council Member Arndt, second by Council Member Peterson, to purchase real estate for public purpose. Motion carried unanimously. (d) CONSIDERATION OF RESOLUTION NO. 12335 AUTHORIZING PROFESSIONAL AND TECHNICAL SERVICES CONTRACT WITH MINNESOTA DEPARTMENT OF TRANSPORTATION AND BOLTON & MENK John referred the Council to the resolution authorizing professional and technical contract with the Department of Transportation for the infrastructure improvements on highway 22 and 7 scheduled for 2006 and 2007. The state has retained Bolton & Menk of Manka to for professional and technical services on this project. There are several pieces of City infrastructure included in the project and the engineering contract is for that portion that belongs to the City. The contract IS with the MnDOT and Bolton & Menk. The pricing the City received for the improvements was favorable. Mr. Rodeberg was directly involved in Consultant selection and determined that the process was fair and in our best interest. The Mayor asked if Bolton & Menk would be involved with the infrastructure regarding the storm water, water sewer, etc? Mr. Olson stated that they would be involved in that area as well. The Mayor requested that, if possible, have the buff street intersection done before the Main street intersection. Mr. Olson will work with proj ect manager regarding the routing of traffic during this time. Motion by Council Member Peterson, second by Council Member Stotts, to approve Resolution No. 12335 authorizing professional and technical services contract with Minnesota Department of Transportation and Bolton & Menk. Motion carried unanimously. 10. MISCELLANEOUS (a) Council Member Stotts meet with Steve Madson at Creekside. He had questions about the budget at Creekside. Council Member Stotts asked Mr. Madson to do a presentation to outline Creekside plans and costs sometime in March. (b) Council Member Stotts has had numerous questions regarding the planning, zoning, and building department. Council Member Stotts contacted the League of Minnesota Cities to get a questionnaire so a letter could be sent to individuals who have use the planning, zoning, and building department to find out what the problems are and to help rectIfy those problems. ( c) Police Chief memo Mr. Plotz discussed the Police Chief memo from Brenda Ewing and the process to-date of the police chief process. Dave Erlandson is acting Police Chief. The applications were due December 19, 2003 and Ms. Ewing is reviewing those applications. The recommendation of the City staff and the way the police commission rules states the City Council selects the Police Chief. There is a provision in the City Charter that says the City Administrator hires City department heads. Historically, these types of committees include one or two council members in the selection process. Bob Bowen (Police Civil Service Commission Chair), Marc Sebora (City Attorney), Mayor Torgerson, Council Member Casey Stotts, Gary Plotz (City Administrator), and Brenda Ewing (RR Director) will serve on the committee. Motion by Council Member Peterson, second by Council Member Haugen, to set this committee to begin process for hiring police chief. Motion carried unanimously. (d) Mr. Plotz reguested that the Council Members contact him about any topics they would like to have on VIsionary Workshop agenda (for example: community survey). There will be a 5 CITY COUNCIL MINUTES - JANUARY 13, 2004 synopsis from each of the directors on their department. There will be a facilitator to help guide the meeting and bring discussions to a close. (e) Consideration for out-of-state travel to see compost equipment Gary Plotz/Steve Madson discussed and showed a video regarding a compost machine that would debag yard waste. This machine separates up to 2000 bags per hour from the yard waste inside. The machine is manufactured by Skarib Manufacturing. This machine would eliminate the plastic problems and it would increase the product quality by ensuring no plastic is left in the product. This would give the City the ability to do the contract yard waste at a significantly reduced rate. Currently, it costs $10 a yard (about $148,000) to so this work. This machine will cost around $225,00 and $250,000 so it will pay for itself in two years. This machine will not eliminate any of the existing equipment but it will make it so the compost site doesn't need to purchase more equipment. Council Member Stotts asked if it is possible to lease the equipment to see ifit really works rather than buying it up front. Mr. Madson said it was and that it is possible and they are looking at that idea. Motion by Council Member Haugen, second by Council Member Stotts, to approve out-of- state travel to see compost equipment. Motion carried unanimously. (f) Consideration of Resolution No. 12334 clarifying improvements in Ravenwood West Ms. Wi schnack explained that his resolution was to ensure that the assessments on the Ravenwood West lots would appear on the title so that whoever buys the lot(s) is aware of the assessments. Originally the contractor was going to pay for all the work (i.e. storm drains, etc) but decided not to later in the project. Council Member Arndt asked about the ditch that the contractor put in and Ms. Wi schnack explained that the City is not satisfied with the grating on the project and is holding security on it until the project is completed to the City's satisfaction. Motion by Council Member Arndt, second by Council Member Peterson, to approve Resolution No. 12334 clarifying improvements in Ravenwood West. Motion carried unanimously. (g) The Mayor had meeting with County Health Department. They would like to make a presentation to the City Council at the next meeting regarding no smoking issue for McLeod, Sibley, and Meeker. They will be contacting each of the Council Members with information on what they will be discussing. They may want a resolution at that time supporting the county commissioners in the possible no smoking ordinance for McLeod, Sibley, and Meeker. 11. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS Motion by Council Member Stotts, second Council Member Arndt to approve claims, appropriations, and contract payments. 12. ADJOURN With no further business, the meeting adjourned at 7:00 p.m. 6