Loading...
04-27-2004 CCM MINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, APRIL 27, 2004 1. CALL TO ORDER - 5:30 P.M. Mayor MarlIn 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 APRIL 13,2004 (b) BID OPENING MINUTES OF APRIL 16, 2004 The minutes were approved as presented. 5. CONSENT AGENDA (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. PLANNING COMMISSION MINUTES FROM MARCH 16, 2004 2. HUTCHINSON AREA HEALTH CARE BOARD MINUTES FROM MARCH 16, 2004 3. HUTCHINSON HOUSING & REDEVELOPMENT AUTHORITY BOARD MINUTES FROM MARCH 16, 2004 4. CITY OF HUTCHINSON GENERAL FUND FINANCIAL REPORT FOR MARCH 2004 5. CITY OF HUTCHINSON INVESTMENT REPORT FOR MARCH 2004 6. W ATER,W ASTEW ATER, GARBAGE FINANCIAL REPORT FOR MARCH 2004 (b) RESOLUTIONS AND ORDINANCES 1. RESOLUTION NO. 12405 -RESOLUTIONFORPURCHASE (c) PLANNING COMMISSION ITEMS 1. CONSIDERATION OF VARIANCE REQUESTED BY MIKE CORCORAN TO PLACE HARD SURF ACED PARKING UP TO THE PROPERTY LINE LOCATED AT 934 HWY 15 SOUTH WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (ADOPT RESOLUTION NO. 12385) 2. CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY BRIAN PONA TH TO CONSTRUCT A THREE-PLEX WITH GARAGES LESS THAN 400 SQUARE FEET LOCATED AT 446 PROSPECT STREET NE WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (ADOPT RESOLUTION NO. 12386) 3. CONSIDERATION OF THREE-LOT PRELIMINARY PLAT TO BE KNOWN AS MEADOW LINKS VIEW SUBMITTED BY BUTCH HAUSLADEN, PROPERTY OWNER, WITH CITY COUNCIL MINUTES - APRIL 27, 2004 STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (ADOPT RESOLUTION NO. 12387) 4. CONSIDERATION OF VARIANCE REQUESTED BY KERRY KRUEGER TO REDUCE FRONT YARD SETBACK FROM 25 FEET TO 18.5 FEET BY REMOVING A 6' X 8' NON- CONFORMING PORCH AND CONSTRUCTING AN 8' X 21' THREE-SEASON PORCH ONTO HOUSE LOCATED AT 545 ERIE STREET SE WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (ADOPT RESOLUTION NO. 12388) 5. CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY HUTCHINSON MANUF ACTURING TO CONSTRUCT TWO 40' X 80' POLE TYPE STORAGE BUILDINGS IN THE IIC DISTRICT LOCATED AT 720 HWY 7 WEST WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (ADOPT RESOLUTION NO. 12389) 6. CONSIDERATION OF A LOT SPLIT LOCATED AT 165 5TH AVENUE NW AS REQUESTED BY PAUL BETKER WITHUNFA VORABLE STAFF RECOMMENDATION AND UNFAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION NO. 12390) 7. CONSIDERATION OF FINAL PLAT TO BE KNOWN AS SOUTHFORK RIDGE SUBMITTED BY FARR DEVELOPMENT WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (ADOPT RESOLUTION NO. 12391) 8. RECONSIDERATION OF PRELIMINARYPLATIPLANNED DEVELOPMENT DISTRICT KNOWN AS RA VENWOOD SOUTH SUBMITTED BY BRUCE NAUSTDAL WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (ADOPT RESOLUTION NO. 12354) (d) POLICE COMMISSION APPOINTMENT - TOM SCHWARTZ TO 2007 (e) SENIOR ADVISORY BOARD APPOINTMENTS - Phylis Birkholtz to 2007 - June Lyman to 2005 - John Lyman to 2005 - Lorraine Zajicek to 2007 (Reappointment) (t) CONSIDERATION FOR APPROVAL OF AMENDED BYLAWS OF HUTCHINSON FIRE DEPARTMENT RELIEF ASSOCIATION (g) CONSIDERATION FOR APPROVAL OF TRANSIENT MERCHANT LICENSE FOR TNT FIREWORKS TO SELL FIREWORKS IN THE W ALMART PARKING LOT (h) CONSIDERATION FOR APPROVAL OF PARADE PERMIT FOR AMERICAN LEGION/VFW ONMAY31,2004 (i) CONSIDERATION FOR APPROVAL OF THE PARKS/RECREATION/COMMUNITY EDUCATION DEPARTMENT SOLICITING BIDS FOR THE INSTALLATION OF NEW FLOORING AT THE RECREATION CENTER G) LETTING NO.5, PROJECT NO. 04-05 (ROLLING MEADOWS EAST - WEST OF NEW GOLF COURSE ROAD NW) - DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF REPORT - RECEIVING REPORT AND WAIVING HEARING ON IMPROVEMENT - ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS - APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS 2 CITY COUNCIL MINUTES - APRIL 27, 2004 (k) LETTING NO.7, PROJECT NO. 04-08 (SEAL COAT & STRIPING PROGRAM) ACCEPTING BID AND AWARDING CONTRACT (1) LETTING NO.8, PROJECT NO. 04-09 (DALE STREET SW & BLUEJA Y DRIVE SW IN RA VENWOOD WEST) DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF REPORT RECEIVING REPORT AND WAIVING HEARING ON IMPROVEMENT ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS Item 5( c)6 and 5( c)7 were pulled for further discussion. Motion by Stotts, second by Peterson to approve consent agenda with the exception of Items 5(c)6 and 5(c)7. Motion carried unanimously. Item 5(c)6. Casey Stotts stated that the applicant requested that this item be pulled and no action be taken. John Rodeberg stated that staff is fine with this item being deferred, however staff feels that this lot is unbuildable and that decision will probably not change. Motion by Stotts, second by Peterson to defer this item to the May 11,2004, City Council meeting. Motion carried unanimously. Item 5(c)7. Julie Wi schnack stated that the survey may be inaccurate on this plat and requested that this item be deferred to the next City Council meeting. Motion by Arndt, second by Haugen to defer this item to May 11,2004. Motion carried unanimously. 6. PUBLIC HEARINGS - 6:00 P.M. (a) LETTING NO.6, PROJECT NO. 04-06 (ECHO DRIVE SE) AND 04-07 (ECHO CIRCLE SE) ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS John Rodeberg, Director of Engineering, presented before the Council. Mr. Rodeberg explained the main drivers for this project are that this street is high maintenance and deteriorating, has poor drainage and storm protection, has failing water services and a sanitary sewer system with cracks and dips and parking and pedestrian issues. Mr. Rodeberg covered the ratings on the pave management system, storm sewer management system and the water sewer management system, which were very low. The proposed improvements include reconstructing water services and the deteriorating sanitary sewer, replace curb and gutter, lowering the grade for drainage purposes, reconstruct surfacing and construct a pond. In addition, the street would be either widened to allow parking on both sides or keeping the street at its current width and having parking only on the southern block as suggested by some property owners. Staff s proposal is to construct a sidewalk on both sides of the south block and on the entire west side. Some property owners suggested constructing the sidewalk on the east side, however staff has informed them that it will be more costly due to tree removal and other structures that would need to be moved. The project will also include bituminous surfacing and drain tile. The city will pay for the sanitary sewer and water line replacement, street oversizing, sideyards and intersections and will pay for half the cost of sidewalks and landscaping as well as street lights. A portion of the ponding costs would be paid by the City as well. Mr. Rodeberg covered the estimated assessments to the property owners. The total project cost of the project is $720,000. Mr. Rodeberg also covered the payment options for property owners. ThIS is the only reconstruction project in the plans for 2004 and the City has had prior problems in this area related to storm sewer backups. 3 CITY COUNCIL MINUTES - APRIL 27, 2004 The proposed pond would be considered on the First Federal property, which is north of Runnings. It is proposed to lower this street as part of the project to aid in excess water. Jim Haugen questioned deferred assessments for the elderly that live in the rental apartments. The property owners bear the assessments and it is up to them on how they are assessed to the renters. Casey Stotts asked Mr. Rodeberg to estimate additional costs if this project was delayed a year. Mr. Rodeberg estimated that the proJect could be 10% more. No advantage was guessed at to wait any longer than the City already has. No cost savings will be had to wait longer. Robert Hantge, 899 Highway 15 South, presented before the Council. Mr. Hantge owns the funeral home along Echo Drive. Mr. Hantge stated that the questions that arose at the neighborhood meeting was the placement of the sidewalk along the west side of the road and the widening of the street for parking purposes. He stated that business owners on this street have already paid for parking in front of their businesses and do not wish for more on street parking. John Rodeberg would like direction from the Council on these two issues. The sidewalk can be placed on the east side, with the relocation of some trees and fire hydrants. If the sidewalk is placed on the east side, Mr. Rodeberg suggests leaving the width of the street as is on the north block. Motion by Arndt, second by Haugen, to close the public hearing. Motion carried unanimously. Motion by Stotts, second by Arndt, to order improvement and preparation of plans and specifications, approve plans and specifications and order advertisement for bids, with the revision of constructing the sidewalk on east side and widening the street only on the south block. Motion carried unanimously. (b) LETTING NO.9, PROJECT NO. 04-10 (ARCH STREET TRAIL) AND 04-11 (BLOCK 7 DOWNTOWN ALLEY) ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS John Rodeberg explained that this is the alley directly north of the city center. This project was instigated by petition of property owners along the alley. The estimated project cost is slIghtly under $50,000. Mr. Rodeberg stated that it appeared from the neighborhood meeting that the property owners are in favor of moving ahead wIth this proj ect. Bill Arndt asked if this property was once proposed for the post office. Mr. Rodeberg explained that the building would not have been over thIS area and that the alley would be kept in tact if the post office would relocate to this area. Motion by Arndt, second by Peterson, to close the public hearing. John ~odeberg explained the Arch Street Trail project. The proposal is to pave the trail and connect to 5t Avenue and take care of a drainage issue adjacent to Dick McClure's property. No assessments to property owners. Motion carried unanimously. Motion by Stotts, second by Haugen, to order improvement and preparation of plans and specifications and approve plans and specifications and order advertisement for bids. Motion carried unanimously. 7. COMMUNICATIONS, REQUESTS AND PETITIONS 8. UNFINISHED BUSINESS 9. NEW BUSINESS (a) REQUEST FROM PROPERTY OWNER - 35 WASHINGTON AVENUE - STATE THEATER 4 CITY COUNCIL MINUTES - APRIL 27, 2004 Julie Wi schnack, Director of Planning, Zoning, Building, presented before the Council. Ms. Wi schnack explained that an unusual request has come in from the owner of the State Theatre. The property owner has a need to house mechanical systems for the building. Initially, the mechanical systems were to be placed on the roof, however due to inadequate structure of the roof, they will not be able to be placed there. Therefore, the property owner would like to construct a garage structure to place the mechanical units on and to provide covered parking for his tenants. The main proposal is to construct a garage on current city parking lot. The options that are apparent are to either grant a franchise or to sell a piece of the parking lot to the property owner. Mayor Torgerson stated that selling a piece of the property is legal and a price would need to be determined of the value of three parking spaces. He also stated that another property owner has interest in purchasing parking spaces as well. John Rodeberg stated that one concern of staff is maintenance of the private property compared to the public property. Those issues will be worked out if this property is sold. Red McGonagle, property owner, presented before the Council. He stated that no plans have been drawn up of the proposed garage as of yet, but the main purpose is for placement of the eleven mechanical units. He will provIde a schematic of the garage in a very timely manner. Motion by Peterson, second by Arndt, to set a public hearing for May 11,2004, to discuss selling a piece of this public parking lot to property owners. Motion carried unanimously. (b) CONSIDERATION FOR APPROVAL OF REVISIONS TO LIBRARY CUSTODIAN JOB DESCRIPTION Julie Wi schnack stated that basically language changes were made to the job description. Motion by Peterson, second by Stotts, to approve revised library custodianjob description. Motion carried unanimously. (c) CONSIDERATION OF CALLING FOR A PUBLIC HEARING ON THE PROPOSED ADOPTION OF THE MODIFICATIONS TO THE TAX INCREMENT FINANCING PLANS FOR TIF DISTRICT NUMBERS 5, 6 AND 7 Ken Merrill, Finance Director, explained that there are some financial shortfalls in two of the City's TIF districts and our financial advisors have a plan to modify the districts in order to make up the shortfall. Jessica Cook, Ehlers & Associates, presented before the Council. Ms. Cook explained that TIF District 6 is not collecting enough revenue to pay the bonds that are outstanding in the district. A couple of remedies include to unfreeze the local tax rate and allow TIF revenues in other districts into district 6 or to allow modifications up to four years. Her request tonight is to set a public hearing to explain in more detail the modification options. Motion by Peterson, second by Arndt, to set public hearing for June 22,2004, at 6:00 p.m. to hear proposed modifications to TIF Districts 5, 6, and 7. Motion carried unanimously. (d) CONSIDERATION OF FINAL PAYMENT AGREEMENT FOR SOUTH AREA TRUNK SANITARY SEWER - PHASE 1 (LETTING NO.1, PROJECT NO. 00-01) John Rodeberg stated that staff recommends approval of this agreement. This project was just finished recently with some follow-up work being done by the contractor this summer. Motion by Haugen, second by Arndt, to make final payment for phase I of the south area trunk sanitary sewer project. Motion carried unanimously. (e) CONSIDERATION OF CONSULTANT CONTRACT WITH EARTHTECH FOR WATER 5 CITY COUNCIL MINUTES - APRIL 27, 2004 TREATMENT PLANT CONSTRUCTION Scott Young, EarthTech, presented before the Council. Mr. Young explained what is included in the proj ect, the timeline and future proceedings. These include a new supply well, new storage reservoir and new water treatment plant. The total project cost is estimated at $14.6 million. The timing would include the design being done in 2004, construction in 2005 and 2006 with the plant operating in late 2006. Mr. Young is requesting that the pilot study report, water treatment plant design report be adopted, as well as authorizing the recommended proJ ect, targeting 2006 for operatIOns and authorizing staff to implement the plan. John Rodeberg explained that what is being proposed is that items are approved task by task. The agreement for consideration now is a master plan agreement, however each step will come before the Council for approval. The approval being sought tonight is for the $300,000 contract. Mr. Rodeberg further reminded the Council that two other engineering firms were considered for this project and EarthTech was the most viable. Motion by Peterson, second by Stotts, to approve the first phase of the contract with EarthTech. Motion carried unanimously. (t) CONSIDERATION FOR APPROVAL OF SETTING INFORMATIONAL MEETING AT 4:15 P.M. ON MAY 11,2004, TO DISCUSS THE LIQUOR STORE PROJECT Motion by Arndt, second by Haugen, to set informational meeting for May 11,2004, at 4: 15 p.m. to discuss the liquor store project. Motion carried unanimously. 10. MISCELLANEOUS (a) COMMUNICATIONS 1. CONSIDERATION OF COUNCIL REPRESENTATIVES FOR HIGHWAY 7 CONSTRUCTION STAGING WORKSHOP (FRIDAY APRIL 30, 2004, FROM 8:00 AM. - 10:30 AM.) Marlin Torgerson and Bill Arndt volunteered to attend this meeting. 2. CONSIDERATIONFORAPPROV AL OF OUT-OF-STATE TRA VEL FOR STAFF TO VISIT BIO-FILTRATION PLANT IN LAKE HA V ASU, ARIZONA John Rodeberg explained that this is the first fully-operated biofiltration plant in the United States and is just starting up. This is the same type of plant that Hutchinson will be constructing. Staff attending will be John Rodeberg, Dick Nagy and Randy DeVries and was budgeted in the water department's budget. Council members are invited to attend. Scott Young from EarthTech will also be in attendance. Motion by Peterson, second by Haugen, to approve out-of-state travel for John Rodeberg, Dick Nagy and Randy DeVries to visit the bio-filtration plant in Lake Havasu, Arizona. Motion carned unanimously. Marc Sebora - Mr. Sebora requested setting an informational meeting to discuss the current liquor ordinance and enforcement issues. Motion by Peterson, second by Arndt, to set informational meeting for May 4, 2004, at 11 :00 a.m. to discuss the liquor ordinance. Jim Haugen stated he would be out of town on that date. Motion by Haugen, second by Peterson to set informational meeting for May 3, 2004, at 11 :00 a.m. to discuss the liquor ordinance. Motion carried unanimously. Kay Peterson - Ms. Peterson informed the public that the hospital is having an open house on 6 CITY COUNCIL MINUTES - APRIL 27, 2004 Sunday of their critical care unit. Casey Stotts - Mr. Stotts stated that he had been contacted by property owners in the downtown area relating to the downtown lighting project. Property owners would like to meet with some council members to discuss issues related to lighting. Lisa McClure will coordinate the meeting and the council members attending the meeting will be Bill Arndt and Kay Peterson. John Rodeberg stated that staff had met with the Downtown Association and they strongly voiced that the City would not be the driver of this project. Mr. Rodeberg feels that an educated decision needs to be made by obtaining all necessary figures. Bill Arndt stated that the downtown residents that contacted him were concerned with hiring a consultant to review this project. Mr. Rodeberg clarified that it was suggested that a consultant be hired for approximately $8000 to review the $1 million project to determine whether or not alternatives could be made to the plan. Discussion was held on who should be responsible for maintaining and paying for improvements in the downtown area. Gary Plotz - Mr. Plotz mentioned that a Police Commission meeting is being held on Thursday April 29, 2004, at 7:00 a.m. The Police Commission will be deliberating on the two remaining Police Chief candidates. A recommendation will be coming to the Council at the May 11,2004, City Council meeting. The background investigations have been completed and the City Attorney is reviewing them to determine what information can be shared with the public as related to the Data Pnvacy Act. John Rodeberg - Mr. Rodeberg stated that interviews are being scheduled for the City Engineer position. A meeting was held today to attempt to create a Highway 15 Corridor group. Another meeting will be held in the near future. This group will be involved in preserving Highway 15 from St. Cloud to New Ulm. Marlin Torgerson - Mayor Torgerson proclaimed Arbor Day to be set as April 30, 2004. Gary Plotz will find out when the trees will be planted along Highway 15 so that the City Council can attend. 11. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS Motion by Arndt, second by Haugen, to pay claims, appropriations and contract payments. Motion carried unanimously. 12. ADJOURN With no further business to discuss, the meeting adjourned at 7:25 p.m. 7