Loading...
04-25-2006 CCM MINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, APRIL 25, 2006 1. CALL TO ORDER - 5:30 P.M. Mayor Steve Cook called the meeting to order. Members present were Kay Peterson, Jim Haugen and Casey Stotts. Member absent was Bill Arndt. Others present were Ken Merrill, Finance Director, John Rodeberg, Public Works Director and Marc Sebora, City Attorney. 2. INVOCATION - Rev. Sam Grozdanov, Shalom Baptist Church, delivered the invocation. 3. PLEDGE OF ALLEGIANCE 4. MINUTES (a) REGULAR MEETING OF APRIL 11,2006 (b) BID OPENING MINUTES OF APRIL 14, 2006 (CENTURY AVENUE WATER TOWER REHABILITATION) Motion by Haugen, second by Stotts, to approve the minutes as presented. Motion carried unanimously. 5. CONSENT AGENDA (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. HUTCHINSON AREA HEALTH CARE BOARD MINUTES FROM MARCH 21, 2006 2. HUTCHINSON HOUSING & REDEVELOPMENT AUTHORITY BOARD MINUTES FROM MARCH 21, 2006 3. PLANNING COMMISSION MINUTES FROM MARCH 21,2006 4. CITY OF HUTCHINSON FINANCIAL REPORT FOR MARCH 2006 5. CITY OF HUTCHINSON INVESTMENT REPORT FOR MARCH 2006 6. HUTCHINSON UTILITIES COMMISSION FINANCIAL REPORT FOR FEBRUARY 2006 (b) RESOLUTIONS AND ORDINANCES 1. RESOLUTION NO. 12942 - RESOLUTION FOR PURCHASE (DRUMS OF RED COLORANT AND AIR CONDENSER) (c) PLANNING COMMISSION ITEMS 1. CONSIDERATION OF A CONDITIONAL USE PERMIT REQUESTED BY THE CHURCH OF LATTER DAY SAINTS, 770 SCHOOL ROAD NW, FOR EXPANSION OF THE CHURCH AND PARKING LOT WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (ADOPT RESOLUTION NO. 12938) 2. CONSIDERATION OF A ONE-LOT PRELIMINARY AND FINAL PLAT TO BE KNOWN AS JENSEN ADDITION AND A VACATION OF EASEMENTS WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (ADOPT RESOLUTION NO. 12939 AND WAIVE FIRST READING AND SET SECOND READING AND ADOPTION OF ORDINANCE NO. 06-0435 FOR MAY 9, 2006) 3. CONSIDERATION OF A CONDITIONAL USE PERMIT TO ALLOW CONSTRUCTION OF CITY COUNCIL MINUTES - APRIL 25, 2006 A DETACHED GARAGE OVER 1000 SQUARE FEET LOCATED AT 27 - 5 TH AVENUE NW WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (ADOPT RESOLUTION NO. 12940) 4. CONSIDERATION OF A LOT SPLIT LOCATED IN FIRST ADDITION TO MEADOW LINKS WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (ADOPT RESOLUTION NO. 12941) (d) CONSIDERATION FOR APPROVALS AND PERMITS FOR THE 64th ANNUAL HUTCHINSON JAYCEE WATER CARNIVAL FOR JUNE 12 - 18,2006 ( e) CONSIDERATION FOR APPROV AL OF IMPROVEMENT PROJECT CHANGE ORDER NO.1 - NE TRUNK STORM SEWER) (t) CONSIDERATION FOR APPROVAL OF ADOPTING AMENDED ASSESSMENT ROLL - DOWNTOWN STREETSCAPE (SA-5080, LETTING NO.4, PROJECT NO. 05-04 & 05-). (g) CONSIDERATION FOR APPROVAL OF OUT -OF -STATE TRAVEL FOR RANDY DEVRIES AND BRIAN MEHR (WASTEWATER SUPERINTENDENT) TO MICHIGAN AND GEORGIA FROM MAY 2 - 5,2006, TO EVALUATE MEMBRANE BIOREACTOR WASTEWATER TECHNOLOGY Items 5( c) 1, 5( e) and 5(g) were pulled for separate action. Motion by Stotts, second by Haugen, to approve consent agenda with the exception of the items mentioned above. Motion carried unanimously. Item 5(c)1 had further discussion. Mayor Cook questioned the drainage issue regarding this property. Kent Exner, City Engineer, stated that this issue has been looked into and there is an existing drainage inlet off of School Road which was going to be eliminated preliminarily. This inlet will now remain in place and the flow will run to Rotary Park with minor drainage to the northeast. Motion by Haugen, second by Stotts to approve Item 5( c) 1. Motion carried unanimously. Item 5( d) had further discussion. Steve Cook stated that the Jaycees have requested that the fees be waived for the event as in years past. Motion by Peterson, second by Stotts, to approve the permit requests and waiver of fees for the Jaycee Water Carnival. Motion carried unanimously. Item 5(g) had further discussion. Steve Cook asked for clarification regarding this out-of-state travel request. John Rodeberg, Public Works Director, stated that a membrane bioreactor is in the capital improvement plan for the wastewater treatment facility. Donohue & Associates has recommended this feature and that city staff research and review the equipment for operations and maintenance usage. Motion by Peterson, second by Haugen, to approve Item 5(g). Motion carried unanimously. 6. PUBLIC HEARINGS - 6:00 P.M. (a) CONSIDERATION FOR APPROV AL OF IMPROVEMENTS RELATED TO STATE HIGHWAY 7 (LETTING NO.1, PROJECT NO. 06-01) - CONTINUATION FROM APRIL 11, 2006 - ADOPTING ASSESSMENT ROLL AND PARKING RESTRICTIONS Kent Exner, City Engineer, presented before the Council. Mr. Exner noted that an open house was held with property owners regarding specific issues. Based on some issues that arose from the open house, a few adjustments have been made and a revised assessment roll has been distributed. In addition, parking will be restricted along the detour route. Doug Rytsma, 465 Bluff Street, presented before the Council. Mr. Rytsma asked where he should 2 CITY COUNCIL MINUTES - APRIL 25, 2006 park when Bluff Street is being worked on. With no parking on 5th Avenue he was unsure where to park. It was clarified that east of Bluff Street on 5th Avenue there will be no parking restrictions. All residents will be getting a new assessment notice. Motion by Stotts, second by Peterson, to close public hearing. Motion carried unanimously. Motion by Peterson, second by Stotts, to approve adopting assessment roll and parking restrictions along detour route. John Rodeberg, Public Works Director, stated that it was discussed at a workshop earlier on how to handle assessment payments and deferring some payments until the phase of the project effects their property. Ken Merrill, Finance Director, stated that according to the City's financial advisor, there would be added cost to deferring the assessments and they recommend that the City proceed with practice as in the past. The City does not "make money" on the current process by adding + 1 % to the interest rate as was questioned by a resident at the last Council meeting. Nor is the City allowed to make money by taking out a bond and then investing for a period of time at a higher rate (arbitrage). This possibility was questioned by a residents in regard to the two-phase payments to MnDOT for the project. Motion carried unanimously. (b) CONSIDERATION FORAPPROV AL OF IMPROVEMENTS RELATED TO DENVER A VENUE SE (LETTING NO.3, PROJECT NO. 06-03) - ORDERING IMPROVEMENT AND PREPARATION OF PLANS & SPECIFICATIONS John Rodeberg, Public Works Director, explained that this is the road that runs east from Applebee's over to the Summerset and Farr Additions. This project will provide adequate access and City utilities to developing areas, will aid in future Ridgewater expansion possibilities, complete the urban collector street between Hwy 15 and the large residential area to the east and will improve the Hwy 15 and Denver Avenue intersection. Estimated project cost is $869,300 being funded with the trunk watermain fund, city bonding and assessments. City staff is currently having discussions with Ridgewater College, Applebee's and Farr Development regarding property acquisition. Should the project proceed as planned, construction will take place July through October of 2006. John Rodeberg noted that staff is considering deferring assessments to Ridgewater College as there is no short-term benefit. However, long-term the college's master plan calls for connections to Denver Avenue. Current policy would allow for assessments to activate when the property is developed or in 10 years, whichever occurs first. The property the college owns now that the City would like to acquire is agricultural land. Mayor Cook questioned the amount of bonding the City would incur. Mayor Cook would like to have more information in reference to the Farr Development property that this road would service before the project begins. Greg Hewing, Director of Real Estate for Minnesota Colleges, presented before the Council. Mr. Hewing presented a formal approval of the sale of Ridgewater College to the City for the Denver Avenue project and asked that the Council strongly consider deferred assessment for Ridgewater. Motion by Peterson, second by Haugen, to close public hearing. Motion carried unanimously. Motion by Peterson, second by Stotts, to approve ordering improvement and preparation of plans and specifications. Motion carried unanimously. 7. COMMUNICATIONS. REQUESTS AND PETITIONS (a) PRESENTATION ON MOSQUITO CONTROL John Rodeberg, Public Works Director, presented before the Council. Mr. Rodeberg stated that the City intends to kick off the program shortly and two presentations will be given tonight regarding various sides of information. Jared LaFave, 228 Grove St. SW, presented before the Council. Mr. LaFave stated that he has 3 CITY COUNCIL MINUTES - APRIL 25, 2006 concerns with the mosquito control program proposed to be implemented. Mr. LaFave stated that the product that will be used for mosquito control IS Kontro14-4. Mr. LaFave stated that Kontro14-4 with Permethrin is a hazardous chemical as defined by OSHA Hazard Communication Standard, and is hazardous to humans, pets, birds, fish and other animals. Mr. LaFave also presented facts on Permethrin vs. West Nile. Mr. LaFave feels that there are viable alternatives to Kontro14-4, such as BTI, mosquito barrier, bats and purple martens. He asked that the Council consider using alternatives instead of a hazardous chemical. John Olson, Public Works Superintendent, presented before the Council. Mr. Olson explained that last year briquettes were applied to stormwater ponds, however this year no application will be done to ponds, instead testing and studies of the pond areas will be conducted. An integrated plan has been designed to determine where the mosquitoes are coming from. Mr. LaFave requested that more information be shared with the public about health risks, opt out program, spray locations and dates, and safety measures. Mayor Cook stated that this is already being worked on. He also requested that the Council rescind the present mosquito control plan that uses Kontrol 4-4 and implement alternatives. Casey Stotts stated that the Council has been working on this project for a year and asked why Mr. LaFave has waited until now to present alternatives. John Olson explained that he and Mr. LaFave did meet last year regarding alternatives presented by him. Brian Musich, Professional Mosquito Control, presented before the Council. Mr. Musich stated that mosquitos are controlled to reduce them to a nuisance level. Mr. Musich stated that the most important tool in mosquito control is the dosage of the chemical used. Ways to control mosquitos are source reduction, larvae control and an adult mosquito control program. The process intended for implementation by the City uses approximately 2 Y2 gallons per hour of chemical using an ultra low volume technique (or 1 oz. per acre) which is significantly less than the permissible amount. Mr. Musich did not necessarily feel that the alternatives presented would be the most effective. Application ofthe chemical would be applied at night time and is typically non-toxic to other insects as well as to humans and vegetation. Mr. Musich explained that if a property owner wishes to opt out, for the most part, the entire block that property owner lives on will not be treated. In Mr. Musich's 14 years working for Professional Mosquito Control he has not received any reports of human health issues, such as irritation or other hazards. Mr. Musich explained that the public can call his company with any concerns or to opt out of the program. The current schedule is to make the first application the Monday before Memorial Day with weekly treatments for 11 weeks. Information will be put on the City's web site soon. Jared LaFave would like to know what the particle breaks down i~to. Again, he asked that the City get information out to the public plenty of time prior to May 23f . 8. UNFINISHED BUSINESS 9. NEW BUSINESS (a) CONSIDERATION OF AN AMENDMENT TO SECTION 154.127 OF THE CITY CODE REGARDING OFF-PREMISE SIGNAGE (UNANIMOUSLY REJECTED BY PLANNING COMMISSION) Bonnie Baumetz, Planning Coordinator, presented before the Council. Ms. Baumetz stated that a Physical Appearance Committee had met today and they agree with the Planning Commission in that the ordinance should not be adopted as presented. However, a new ordinance will be presented at a future date with revisions to the proposed ordinance that the Planning Commission considered. Ms. Baumetz explained that the zoning code does not allow for off-premIse signage. Jim Haugen stated that the Planning Commission had reservations as to if this ordinance would cause inundation of signage in the downtown area. 4 CITY COUNCIL MINUTES - APRIL 25, 2006 Motion by Peterson, second by Stotts, to reject amendment to Section 154.127 of Hutchinson City Code pertaining to off-premise signage. Motion carried unanimously. (b) CONSIDERATION FOR APPROV AL OF ITEMS RELATED TO CENTURY AVENUE WATER TOWER REHABILITATION (LETTING NO.8, PROJECT NO. 06-10) - DISCUSSION REGARDING BID ALTERNATES & AWARDING CONTRACT Kent Exner, City Engineer, presented before the Council. Mr. Exner explained that the project improvements and benefits include interior/exterior coating removal and painting, interior/exterior structural repairs, interior/exterior containment systems and protection/relocation of existing antennae equipment. The estimated project cost is $347,300 with funding coming from the trunk watermain fund. If awarded, the project construction will begin July 31 with final completion scheduled for October 27. Motion by Peterson, second by Haugen, to approve items related to Century Avenue Water Tower rehabilitation and award contract to Odland Protective Coatings of Rockford, MN. Motion carried unanimously. (c) CONSIDERATION FOR APPROVAL OF ENGINEERING SERVICES AGREEMENT WITH DONOHUE & ASSOCIATES FOR WASTEWATER TREATMENT FACILITY IMPROVEMENTS Ed Nevers, Donohue & Associates, presented before the Council. Mr. Nevers informed the Council that the existing plant was constructed in 1988 with a life expectancy of 20 years. In 2004 a biosolids facility was constructed. Currently the facility is over capacity in the liquids phase of processing. A much higher level of treatment performance will De obtained with these improvements. This agreement will cover predesign and design services for the capacity and phosphorous treatment improvements at the wastewater treatment facility. Total project cost is estimated at $10.3 to $10.8 million and is included in the capital improvement plan. This project could be covered through a low-interest loan through the state as well as grant money. Motion by Stotts, second by Peterson, to approve engineering services agreement with Donohue & Associates for Wastewater Treatment Facility improvements. Motion carried unanimously. (d) CLOSED SESSION UNDER MINNESOTA STATUTE 13D.05, SUBD. 3(C) TO CONSIDER PROPERTY ACQUISITION FOR HUTCHINSON AREA HEALTH CARE (250 FREE MONT AVENUE SE UNIT 125 AND LOTS 14 & 15, BLOCK 6, VILLAGE OF DASSEL AND LOTS 16 & 17, BLOCK 6 VILLAGE OF DASSEL) City Attorney Marc Sebora referred to the purpose ofthis closed session. Mr. Sebora explained that the closed session is to discuss the acquisition of250 Freemont Avenuse SE Unit 125. He clarified that the discussion will surround purchasing one unit and not the entire condominium piece. Roy Fredrickson, 1300 Sherwood Street, presented before the Council. Mr. Fredrickson stated that he represents the residents of Greencastle and distributed a petition to the Council Members. On behalf of the residents, Mr. Fredrickson stated that they would prefer that the hospital not be the owner of a unit. Alice Fredrickson stated that the fear is that if the hospital is the owner of a unit, their property value will diminish. The residents are leary to the hospital renting out the unit as well. The residents are afraid that eventually they will be "pushed out" of the facility. Havey Talcutt presented before the Council. Mr. Talcutt said everyone is happy at Greencastle and no one wants to be displaced. Motion by Haugen, second by Peterson, to convene into closed session at 7:40 p.m. Motion carried unanimously. Motion by Peterson, second by Stotts to reconvene into regular session at 8:05 p.m. 5 CITY COUNCIL MINUTES - APRIL 25, 2006 10. MISCELLANEOUS (a) COMMUNICATIONS Marc Sebora - Mr. Sebora stated that a dangerous dog designation had been sent out to a dog owner and the dog owner has appealed the designation. A hearing must be set in front of the Council within three weeks. Motion by Peterson, second by Stotts, to set dangerous dog appeal hearing for May 4,2006, at 4:00 p.m. at City Center. Motion carried unanimously. Ken Merrill- Mr. Merrill explained that final interviews for the Planning Director were held today. A decision is hoped to be reached within the next couple of days. John Rodeberg - Mr. Rodeberg noted that the new Wastewater Superintendent will be starting on May 1, 2006. Additionally, the wastewater apprenticeship program will roll out in about a month. A formal presentation will be made to the Council. Mr. Rodeberg also requested that residents consider alternative routes other than the Hwy 7 detour routes. Also, weekly meetings are held on Tuesdays at 12:30 p.m. in the Council Chambers regarding Hwy 7 updates. Mayor Cook - Mayor Cook reminded the public about the Board of Equalization hearing scheduled for May 4, 2006, at 4:30 p.m. to discuss property valuations. 11. CLAIMS. APPROPRIATIONS AND CONTRACT PAYMENTS Motion by Peterson, second by Stotts, to approve claims, appropriations and contract payments. Motion carried unanimously. 12. ADJOURN With no further business to discuss, a motion was made by Haugen, seconded by Sotts, to adjourn at 8:05 p.m. Motion carried unanimously. 6