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04-13-2004 CCM MINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, APRIL 13,2004 1. CALL TO ORDER - 5:30 P.M. Mayor Marlm Torgerson called the meeting to order. Members present were Kay Peterson, Jim Haugen, Bill Arndt and Casey Stotts. Others present were Gary Plotz, City Administrator, Marc Sebora, City Attorney and John Rodeberg, Director of EngineeringIPublic Works. 2. INVOCATION - Rev. James Rainwater, Seventh Day Adventist Church, delivered the invocation. 3. PLEDGE OF ALLEGIANCE 4. MINUTES (a) REGULAR MEETING OF MARCH 23,2004 The minutes were approved as presented. 5. CONSENT AGENDA (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. FIRE DEPARTMENT MONTHLY REPORT FOR MARCH 2004 2. HUTCHINSON PUBLIC LIBRARY BOARD MINUTES FROM FEBRUARY 23,2004 3. HUTCHINSON AIRPORT COMMISSION MINUTES FROM FEBRUARY 10, 2004 4. P ARKS, RECREATION, COMMUNITY EDUCATION BOARD MINUTES FROM FEBRUARY 2,2004 5. BUILDING DEPARTMENT MONTHLY REPORT FOR MARCH 2004 6. PIONEERLAND LIBRARY SYSTEM BOARD MINUTES FROM FEBRUARY 19,2004 7. HUTCHINSON UTILITIES COMMISSION FINANCIAL REPORT FOR FEBRUARY 2004 8. HUTCHINSON AREA HEALTH CARE FINANCIAL REPORT FOR FEBRUARY 2004 9. CITY OF HUTCHINSON GARBAGE, WATER, WASTEWATER FINANCIAL REPORT FOR FEBRUARY 2004 10. CITY OF HUTCHINSON GENERAL FUND FINANCIAL REPORT FOR FEBRUARY 2004 11. CITY OF HUTCHINSON INVESTMENT REPORT FOR FEBRUARY 2004 (b) RESOLUTIONS AND ORDINANCES 1. RESOLUTION NO. 12379 - RESOLUTION FOR PURCHASE 2. RESOLUTION NO. 12380 - RESOLUTION AUTHORIZING EQUIPMENT DONATION 3. RESOLUTION NO. 12383 - RESOLUTION TO LIQUIDATE SURPLUS PROPERTY 4. RESOLUTION NO. 12384-RESOLUTIONTO SELL AT AUCTION UNCLAIMED PROPERTY CITY COUNCIL MINUTES - APRIL 13, 2004 5. CONSIDERATION OF PRELIMINARY PLAT, TO BE KNOWN AS SOUTHFORK RIDGE, REZONING TO R3 PDD AND PLANNED DEVELOPMENT DISTRICT WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (SECOND READING AND ADOPTION OF ORDINANCE NO. 04-371) 6. CONSIDERATION OF REZONING PROPERTY FROM Rl TO II REQUESTED BY THE HUTCHINSON EDA WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (SECOND READING AND ADOPTION OF ORDINANCE NO. 04-373) (c) PLANNING COMMISSION ITEMS 1. CONSIDERATION OF A VARIANCE REQUESTED BY FLOYD SJOSTRAND TO REDUCE PARKING LOT SETBACK LOCATED AT 901 HWY 15 SOUTH WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (ADOPT RESOLUTION NO. 12336) (d) CONSIDERATION FOR APPRO V AL OF OUT-OF-STATE TRA VEL FOR RICH KUTTNER, GARY FORCIER AND BRAD EMANS OF THE HUTCHINSON FIRE DEPARTMENT TO EMMITSBURG, MARYLAND TO ATTEND FIRE SERVICE RELATED CLASSES (e) CONSIDERATION FOR APPRO V AL OF OUT-OF-STATE TRA VEL FOR RANDY DEVRIES, JOHN RODEBERG AND DICK NAGY TO ORLANDO, FLORIDA, TO ATTEND THE AMERICAN WATER WORKS ASSOCIATION JUNE 12 - 15, 2004 (t) CONSIDERATION FOR APPRO V AL OF OUT-OF-STATE TRA VEL FOR LENNY RUTLEDGE TO OVERLAND PARK, KANSAS TO ATTEND THE INTERNATIONAL CODE COUNCIL'S DEVELOPMENT HEARINGS MAY 16 - 20, 2004 (g) REAPPOINTMENT OF JULIE JENSEN AND JOHN HASSINGER TO PUBLIC LIBRARY BOARD TO APRIL 2007 (h) LETTING NO.9, PROJECT NO. 04-10 (ARCH STREET TRAIL) AND 04-11 (BLOCK 7 DOWNTOWN ALLEY) - ORDERING PREPARATION OF REPORT ON IMPROVEMENT - RECEIVING REPORT AND CALLING HEARING ON IMPROVEMENT - NOTICE OF HEARING ON IMPROVEMENT (i) LETTING NO. 10, PROJECT NO. 04-12 (2004 AIRPORT IMPROVEMENTS) - ORDERING PREPARATION OF REPORT ON IMPROVEMENT - RECEIVING REPORT AND CALLING HEARING ON IMPROVEMENT - ORDERING IMPROVEMENT AND PREPARATION OF PLANS - APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS G) RETAIL ON-SALE, NON-INTOXICATING MALT LIQUOR (3.2 BEER) LIQUOR LICENSE RENEWALS · HUTCHINSON HUSKIE BASEBALL ASSOCIATION · LITTLE CROW BOWLING LANES (HUTCH BOWL) · MEADOWLINKS GOLF CLUB · SKY VENTURES (PIZZA HUT) (k) RETAIL OFF-SALE, NON-INTOXICATING MALT LIQUOR (3.2 BEER) LIQUOR LICENSE RENEWALS · COBORN'S INC - CASHWISE 2 CITY COUNCIL MINUTES - APRIL 13, 2004 · SPEEDWAY SUPERAMERICA · AMOCO QUIKMART · ERICKSON OIL PRODUCTS - FREEDOM V ALU CENTERS · CATTOOR OIL COMPANY · ERICKSON'S DIVERSIFIED - ECONO FOODS · WALMART Item 5( e) was pulled for further discussion. Motion by Haugen, second by Arndt, to approve the consent agenda with the exception of Item 5(e). Motion carried unanimously. Councilmember Stotts questioned whether three people needed to attend the American Water Works Conference. John Rodeberg stated that Randy DeVries, Water/Wastewater Director and Dick Nagy, Water Supervisor, had requested that he attend due to his involvement with the building of the new water plant. Mr. Rodeberg stated that it is entirely up to the Council's discretion on whether or not they would like to approve his attendance of the conference. Mr. Rodeberg suggested that Dick Nagy and Randy DeVries be approved to take the trip, and his attendance be approved contingent on whether or not he feels any value will come out of him attending. Gary Plotz noted that, to his recollection, City policy states that staff is allowed one out-of-state trip per year. However, when large projects are being done, the exception has been to allow more than one trip in order to review similar projects. Motion by Peterson, second by Stotts, to approve out-of-state travel for Dick Nagy and Randy DeVries to the American Water Works Conference with John Rodeberg's attendance contingent on further review of whether or not any value will be obtained by attending. Motion carried unanimously. 6. PUBLIC HEARINGS - 6:00 P.M. (a) LETTING NO.3, PROJECT NO. 04-03 (JEFFERSON STREET SE EXTENSION) ORDERING IMPROVEMENT AND PREPARATION OF PLANS APPROVING PLANS AND SPECIFICATIONS AND APPROVING SUPPLEMENTAL AGREEMENT John Rodebeg explained that this project is extending Jefferson Street south approximately 1J4 mile from its current end of curb. This will be a supplemental agreement to the Edmonton Avenue project. This will be a complete construction of Jefferson Street, which is an upgrade from what was previously proposed. The total estimated project cost is $478,000. The City will be paying for all of the oversized watermain construction costs and 75% of all costs in residential areas with limited access. Properties on Jefferson Street outside the city limits will have deferred assessments until the use or annexation occur. Motion by Arndt, second by Peterson, to close public hearing. Motion carried unanimously. Motion by Arndt, second by Stotts, to order improvement and prepare plans and approve plans and specifications and supplemental agreement for Letting No.3, Project No. 04-03. Motion carried unanimously. (b) LETTING NO.4, PROJECT NO. 04-04 (5TH AVENUE SE/INDUSTRIAL PARK) ORDERING IMPROVEMENT AND PREPARATION OF PLANS 3 CITY COUNCIL MINUTES - APRIL 13, 2004 APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS John Rodeberg stated that this project is to serve the old Wetherell property which has been recently annexed and purchased by the Hutchinson Economic Development Authority. The EDA intends to put a spec building on a portion of this property. The EDA has a number of inquiries from prospective businesses on this area and the City has not been able to provide services. The project will be 100% assessed to the City due to the fact that the City owns all of the land. A lift station will be installed to pump the sewage from the property. Motion by Peterson, second by Stotts, to close public hearing. Motion carried unanimously. Motion by Haugen, second by Stotts, to order improvement and prepare plans and approve plans and specifications and order advertisement for bids for Letting No.4, Project No. 04-04. Motion carried unanimously. (c) LETTING NO.6, PROJECT NO. 04-06 (ECHO DRIVE SE) AND 04-07 (ECHO CIRCLE SE)- CONTINUE TO APRIL 27, 2004, CITY COUNCIL MEETING John Rodeberg explained that due to other conflicts a neighborhood meeting was not able to be held prior to this public hearing. A meeting has been scheduled for Thursday, April 15, and therefore he is requesting that this public hearing be continued to the April 2ih City Council meeting. Motion by Peterson, second by Arndt, to continue this public hearing to the April 27, 2004, City Council meeting. Motion carried unanimously. 7. COMMUNICATIONS, REQUESTS AND PETITIONS 8. UNFINISHED BUSINESS (a) DISCUSSION OF PROJECT STATUS AND CONSIDERATION FOR APPROVAL OF DEVELOPMENT AGREEMENT WITH MARK FRATZKE John Rodeberg reminded that some information on this topic was presented at the last City Council meeting. Mr. Fratzke owns a mobile home park and he is seeking sewer hookups due to his failed system. The agreement outlines the fact that the City is not covering any of the cost and Mr. Fratzke is paying for everything. The City will only be charging Fratzke for SAC fees and when future hookups are complete, the other fees will be instituted at that time. Motion by Arndt, second by Peterson, to approve development agreement with Mark Fratzke for sewer access. Motion carried unanimously. 9. NEW BUSINESS (a) CONSIDERATION FOR APPRO V AL OF PUBLIC DANCE PERMIT FOR JAKE BANDEMER AND TEMPORARY LIQUOR LICENSE FOR AMERICAN LEGION FOR THEPOLKAFEST JUNE 3 -5, 2004 Marc Sebora, City Attorney, explained that awhile back he, Lt. Erlandson, Mr. Bandemer and Roger Olson of the American Legion had met regarding security costs for the PolkaFest. Mr. Bandemer and Mr. Olson informed Lt. Erlandson and Mr. Sebora that the security costs are prohibitive for their event and their feeling was that the group that attends the PolkaFest has not historically had behavior that has required tight security. Mr. Sebora has suggested to the event coordinators that they perhaps pay one-day in security costs as opposed to three days worth. Lt. Erlandson stated that he supports Mr. Sebora's suggestion for the reduction in the cost of security for the event, however security will still be provided for all three days. Lt. Erlandson informed the Council that the Council has in the past waived fees for community events. 4 CITY COUNCIL MINUTES - APRIL 13, 2004 Motion by Arndt, second by Haugen, to approve the event coordinators of the PolkaFest pay one day of security fees and an officer will split his/her time over the three days and respond as needed. Motion carried unanimously. Motion by Arndt, second by Stotts, to approve the dance permit and the temporary liquor license for the PolkaFest. Motion carried unanimously. (b) CONSIDERATION FOR APPROVAL OF AUTHORIZING HUTCHINSON POLICE SERVICES TO PROCEED WITH CONSTRUCTING STORAGE FACILITY Lt. David Erlandson and Sgt. Tom Gifferson presented before the Council. The officers explained that the police department is ready to proceed with the construction of the storage facility, after planning and reviewing for approximately two years. Motion by Peterson, second by Stotts, to approve moving forth with the construction of the police storage facility located on 1st Avenue. Motion carried unanimously. (c) CONSIDERATION FOR APPROVAL OF USES FOR NEW CONSTRUCTION REVOL VING LOAN FUND, HHPOP AFFORDABILITY GAP REVOLVING LOAN GUIDELINES AND APPROVAL OF THE HABITAT GARAGE INITIATIVE CRITERIA AS PART OF HHPOP Jean Ward, HRA Director, presented before the Council. Ms. Ward provided an overview of the Hutchinson Home Purchase Opportunity Program (HHPOP). Ms. Ward informed the Council on the funding received for this program, which has totaled approximately $6 million that has been provided to 60 homeowners within the community. Part of the HHPOP program is to create neighborhoods of affordable housing. Ms. Ward is requesting that the Gap program continue and that some of the money be used to purchase land or for construction if the opportunity arises. Ms. Ward explained that she and other staff have met with the Crow River Habitat for Humanity on the issue of constructing garages with their proj ects. Ms. Ward stated that Habitat for Humanity is able to utilize the HHPOP program for the construction of garages using a deferred loan. No payments are made as part of this program, rather the loan at 0% interest is paid offwhen either the house is sold or the first mortgage is paid off. Jim Haugen did suggest that Habitat for Humanity consider constructing or remodeling garages on current houses within the community as part of their program. Motion by Stotts, second by Peterson, to approve the uses for the new construction revolving loan fund, the HHPOP affordability gap revolving loan guidelines and the Habitat garage initiative criteria as requested by the Hutchinson HRA. Motion carried unanimously. (d) CONSIDERATION FOR APPROVAL OF LONG-TERM PRIVATE HANGAR LEASES AT THE HUTCHINSON MUNICIPAL AIRPORT John Rodeberg explained that there are quite a number of airport-users that would like to invest in a private hangar at the municipal airport, however it is not worth their investment to construct a hangar for a lease of only 20 years, which is what current City Charter dictates. Initially staff thought that a City Charter change would be required to change the length of the leases. Marc Sebora has determined that state statute allows for 99 year leases for airport hangars and no City Charter change is required as state statute prevails over any City Charter. John Olson, Assistant Director of Public Works, explained that the waiting list for hangars is quite extensive and those on the list do not have very many opportunities to actually acquire a hangar. Mr. Olson explained that he will now meet with the Airport Commission on these private hangar leases to determine on how to structure them. Marc Sebora informed the Council that the Charter Commission had met on this topic and heard a 5 CITY COUNCIL MINUTES - APRIL 13, 2004 presentation from the Airport Commission and were in agreement on making any necessary charter changes, if needed. Motion by Peterson, second by Arndt, to approve the long-term private hangar leases for up to 99 years at the Hutchinson Municipal Airport. Motion carried unanimously. ( e) CONSIDERATION OF PROPOSALS FOR CREEKSIDE MANAGEMENT SERVICES Mayor Torgerson stated that Kay Peterson, Bill Arndt and Gary Plotz had reviewed the one proposal submitted by Steve Madson. Kay Peterson informed the Council that some firms had shown initial interest but would only commit to having someone on site one or two days a week. Ms. Peterson also informed the Council that this is a contractual position and not a city employee and is a position that will provide its own medical insurance. TerminatIOn of the contract can occur for any reason upon 30 days notice. Casey Stotts stated that he is concerned as to the fact that more applicants did not submit proposals and suggested delaying taking action tonight to review why more proposals did not come in. Gary Plotz noted that if this item is tabled, he would suggest keeping Mr. Madson on as the interim manager through the busy season. If the Council would like to table this item, the only solution Mr. Plotz can think of is to advertise again. This process will take at least another month. Marlin Torgerson noted that he and Councilmember Stotts have received comments on the fact that the compost facility is not profitable, however it was originally projected that the facility would not be profitable for at least the first three years. Mayor Torgerson stated that he has full confidence in Mr. Madson's ability to manage the compost facility. Motion by Stotts to table this item to advertise again and see if any new applicants surface. No second. Motion died for lack of second to the motion. Motion by Peterson, second by Haugen, to approve accepting the proposal of Steve Madson to provide management services for Creekside Compost Facility on a contract basis. Bill Arndt stated that he is afraid if this item is tabled, Mr. Madson could withdraw his proposal and the compost site would be in a very tough situation. A roll call vote was taken. Haugen - aye; Arndt - aye; Peterson - aye; Stotts - nay; Torgerson - aye. Motion carried 4 to 1. (t) HIGHWAY 7 PROJECT UPDATE John Rodeberg informed the Council that MnDOT is meeting with property owners on "total takes" of property and will meet later with property owners where they are acquiring only partial properties. This proJ ect is to start in 2006 along the Main Street Bridge and the frontage road in front of the Victorian Inn. 2007 will be for the rest of the highway. A requirement from the City is that either the School Road Bridge or the Main Street Bridge is open at all times. Mr. Rodeberg is hoping that a formal presentation will be made within the next month by MnDOT. Questions on the project can be directed to the City Center or the HATS facility. A web site will be developed for updates on the project. The plan is to provide local businesses with access signs. Issues that need to be worked out between the City and the State are mainly regarding aesthetics. 10. MISCELLANEOUS (a) COMMUNICATIONS Gary Plotz - Mr. Plotz stated that a Leadership Team meeting had been held earlier today on downtown lighting and landscaping. These two topics are of high priority to the Downtown Association as they were outlined in the Downtown Master Plan. The Downtown Association will be making a formal request of staff to proceed with lighting improvements as outlined in the Master Plan. Main Street is scheduled for 2011 for resurfacing but at this point does not include new lighting. A lighting/landscape 6 CITY COUNCIL MINUTES - APRIL 13, 2004 plan will be developed and presented at the next Council meeting. Mr. Plotz also requested that a workshop be scheduled for April 27, 2004, at 4: 15 p.m. to discuss bonding for projects in 2004. Discussion will include projects that will or will not proceed for 2004, as well as capital improvement projects scheduled. Motion by Arndt, second by Stotts, to set an informational meeting on April 27, 2004, at 4:15 p.m. Motion carried unanimously. John Rodeberg informed the Council that the owners of the Hutch Hotel are currently working on demolition and are working on trying to obtain tenants. He also informed the Council that the State Theatre project is moving along and is turning into a beautiful building. Jim Haugen asked Gary Plotz if the governing board of the compost facility has been proceeding. Mr. Plotz stated that the board has been meeting on a monthly basIs. The board has requested of Steve Madson to provide benchmarking material on a monthly basis and he has been preparing the information. The board would like on-time reporting compared to months later. Casey Stotts informed Mr. Plotz that Craig Reiner is interested in serving on the board. Mayor Torgerson stated that staff can inform Mr. Reiner of the meetings and he is more than welcome to attend. Bill Arndt stated that a tour of the compost facility was given to the MidMinnesota Development Commission and they were very impressed. 11. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS Motion by Stotts, second by Peterson, to pay claims, appropriations and contract payments. Motion carried unanimously. 12. ADJOURN With no further business to discuss, the meeting adjourned at 7:05 p.m. 7