Loading...
07-13-1999 CCM MINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, JULY 13, 1999 1. Vice President Mlinar called the meeting to order at 5:30 p.m. Present: Vice President John Mlinar, Council Members Jeff Haag, Kay Peterson and Don Erickson. Absent: Mayor Marlin Torgerson. Also present: City Administrator Gary D. Plotz, Assistant Director of Public Works John Olson and City Attorney Marc A. Sebora. 2. The Reverend James Hakes gave the invocation. 3. MINUTES The minutes of the regular meeting of June 22, 1999 and bid opening of July 2, 1999 and July 6, 1999 were approved as presented. 4. CONSENT AGENDA (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. BUILDING OFFICIAL'S REPORT FOR JUNE 1999 2. HUTCHINSON AIRPORT COMMISSION MINUTES FOR MAY 24, 1999 3. POLICE CIVIL SERVICE COMMISSION MINUTES FOR JUNE 2,1999 AND JUNE 25, 1999 4. HUTCHINSON AREA HEALTH CARE BOARD MINUTES FOR MAY 18, 1999 (b) RESOLUTIONS AND ORDINANCES 1. ORDINANCE NO. NO. 99-259 - AN ORDINANCE AMENDING ZONING REGULATIONS IN THE CITY OF HUTCHINSON AND THE OFFICIAL ZONING MAP (SECOND READING AND ADOPT) 2. ORDINANCE NO. 99-260 - AN ORDINANCE AMENDING ZONING REGULATIONS IN THE CITY OF HUTCHINSON AND THE OFFICIAL ZONING MAP (SECOND READING AND ADOPT) 3. ORDINANCE NO. 99-261 - AN ORDINANCE AMENDING ZONING ORDINANCE NO. 464, CHAPTER 11, SECTION 6.05, ORDINANCE AMENDMENTS AND LAND REZONINGS (SECOND READING AND ADOPT 4. RESOLUTION NO. 11253 - ACCEPTING AND RELEASING PLEDGED SECURITIES FROM MARQUETTE BANK GOLDEN VALLEY HUTCHINSON OFFICE 5. RESOLUTION NO. 11254 - LOCAL GOVERNMENT RESOLUTION; AMENDMENT OF RESOLUTION NO. 11221 ADOPTED MAY 25,1999 PUBLIC DANCE PERMIT: .:. JOSE ANGEL LOPEZ ON JULY 31, 1999 & AUGUST 14, 1999AT ARMORY (c) .:. DURWOOD LAMPRECHT FOR BAVARIAN HAUS OKTOBERFEST ON CITY COUNCIL MINUTES - JULY 13,1999 SEPTEMBER 11 & 12, 1999 .:. UNFAVORABLE RECOMMENDATION DUE TO INADEQUATE STAFFING: y MARGARITA MARTINEZ ON JULY 21, 1999 AT ARMORY y JOSE PALACIOS ON JULY 28,1999 AT ARMORY y OSCAR MENA ON AUGUST 14, 1999 AT ARMORY (d) SHORT-TERM RETAIL "ON SALE" NON-INTOXICATING MALT LIQUOR LICENSE: y R. C. PROMOTIONS FOR TRACTOR PULL AT MCLEOD COUNTY FAIRGROUNDS ON JULY 24, 1999 y ST. ANASTASIA CHURCH FOR FALL FESTIVAL ON SEPTEMBER 11 & 12, 1999 (e) APPOINTMENT OF CRAIG LENZ TO UTILITIES COMMISSION (UNEXPIRED TERM) (f) OUT-OF-STATE TRAVEL FOR DOUG JOHNSON AND JEROME BURMEISTER TO ATTEND V ACTOR TRAINING IN STREATOR, IL (g) TRANSIENT MERCHANTS PERMIT FOR CLOTHING CONCEPTS, INC. FOR AUGUST 18, 1999 AT RECREATION CENTER (h) RECONFIRMATION OF APPROVED GAMBLING DEVICES LICENSE FOR VFW POST 906 AS REQUESTED BY STATE GAMBLING BOARD Motion by Erickson, second by Haag, to approve the consent agenda. Motion unanimously carried. 5. PUBLIC HEARING- 6:00 P.M. (a) PRESENTATION OF REQUEST FOR PROPOSALS FOR COMMUNITY/ CONFERENCE CENTER IN CITY OF HUTCHINSON The Vice President called the public hearing to order at 6:00 p.m. The City Administrator stated that the City advertised for a $1,000,000 match from the private sector to construct a community/conference center. He commented on the process of preparing the proposal for an RFP and noted that various individuals and groups had input, including the Chamber of Commerce and the Community Needs Task Force. The submittal date for proposals will be September 15, 1999 at 2:00 p.m. Steve Cook questioned if anyone from the City had contacted the State regarding any issues that should be addressed. He had talked to the Department of Trade and Economic Development, and they stated this had never been done before. They would need to see the proposals to determine ifthis would be acceptable. Cook also inquired if the developer would add a restaurant or hotel to the community/ conference center. He thought that would be using public dollars to enhance a private business/investment. He pointed out that certain items had to be in the agreement. 2 CITY COUNCIL MINUTES - JULY 13,1999 Sebora stated there are two requirements, namely: (1) $1 million from a non-state source, and (2) construction must be for a community/civic center to serve 250-300 people. Haag thought the City should obtain the proposals and review them to determine if they met the criteria. Tim Smith, 841 2nd Avenue SW, represented the Chamber of Commerce as its Chair. He thanked the City Administrator for preparing the RFP. He noted that from The way it was written, the person/business responding would have to possess all the business skills spelled out in the RFP. Smith stated he had received several calls from interested parties. Since no one knows how long the money will be available, there is some concern that the dollars might be withdrawn if it sits unused for too long a time. Steve Cook stated that inasmuch as the funding is through bonding, there is not the same concern of the money not being available. Mike Ribich, 1350 Campbell Lane NW, asked about the City accepting the proposal. Plotz reported that the City would receive the proposals, and an advisory group would review them. There are several hoops to go through before the City Council can accept a proposal. Motion by Peterson, second by Haag, to close the hearing at 6:25 p.m. Motion unanimously carried. Motion by Haag, second by Erickson, to approve the RFP with attachment of the letter from the City's bond counsel stating his legal opinion. Motion unanimously carried. (b) ASSESSMENT HEARING FOR LETTING NO.4, PROJECT NO. 99-03 & 99-04; CENTURY AVENUE AND DALE STREET The Vice President called the hearing to order at 6:26 p.m. Assistant Public Works Director John Olson presented overheads of the project area and reviewed the process of assessing the property owners. He also explained the policy for newly developed and annexed property. A letter from Pearly and Genevieve Christensen, 1050 Dale Street, was received in opposition to their assessments for property at 1050 and 1040 Dale Street. The rear lot is unbuildable and landlocked with no street frontage. The Christens ens requested a reduction of $17,387.50 for the back lot assessment. Richard H. and Teresa L. Dostal, 1020 Dale Street SW, submitted a letter objecting to the proposed special assessments. They stated that the cost exceeded the benefit to the property. Dostal asked if a signal would be installed. He also inquired about the bicycle path on the west side ofthe road and wondered ifthought had been given to safety issues, cars backing out of driveways onto the street, and truck traffic in the area. 3 CITY COUNCIL MINUTES - JULY 13,1999 Rodeberg responded that the current sidewalk would be developed into the bike trail. He stated the road would be a standard residential street and only a certain area would be designated as a truck route. The City Engineer pointed out that there are five driveways on the west side of the street and a church on the east side. Motion by Haag, second by Peterson, to close the project hearing at 6:40 p.m. Motion unanimously carried. Motion by Haag, second by Erickson, to accept the bid and award contract to Duininck Bros., Inc. in the amount of$I,256,984.85, and to continue the assessment hearing to July 27 at 6:00 p.m. Motion carried with Peterson abstaining from voting. Motion by Erickson, second by Haag, to adopt Resolution No. 11255 and No. 11256. Motion carried with Peterson abstaining from voting. (c) ASSESSMENT HEARING FOR LETTING NO. 15 (a.k.a. lOa), PROJECT NO. 99-36 & 99-37; BITUMINOUS OVERLAY ON BOULDER STREET, BOULDER CIRCLE AND STONEY POINT ROAD The Vice President called the hearing to order at 6:42 p.m. Olson presented Change Order No.1 for wear course and appurtenances on Letting No. 10, Project No. 99-36 & 99-37. He reported the additiOnal cost to the project would be $26,767.26 for a total of$131,461.26. Motion by Haag, second by Peterson, to close the hearing at 6:45 p.m. Motion unanimously carried. Motion by Erickson, second by Haag, to adopt Resolution No. 11257 and adopt Assessment Roll No. 5030. Motion unanimously carried. Motion by Peterson, second by Erickson, to approve Change Order No.1 for Letting No. 10. Motion unanimously carried. 6. COMMUNICATIONS. REQUESTS AND PETITIONS - NONE 7. UNFINISHED BUSINESS (a) CONSIDERATION OF REQUEST BY BAVARIAN HAUS TO PROVIDE PERMANENT ELECTRICAL SERVICE IN MUNICIP AL PARKING LOT (DEFERRED MAY 25,1999) It was suggested that the City and the primary user split the cost 50/50 for the installation of electrical service and a meter box in the municipal parking lot. Then Woody Lamprecht would be charged for the amount of electricity used for the Oktoberfest. A City policy will be established for an additional fee to be charged, in addition to electricity, to other users who did not contribute to the installation cost. Motion by Haag, second by Erickson, to reduce the cost to one-half and to charge for the electricity used by the Bavarian Haus and to direct City staff to develop a policy for other users. Motion unanimously carried. 8. NEW BUSINESS 4 CITY COUNCIL MINUTES - JULY 13,1999 (a) CONSIDERATION OF RECOMMENDED COMMUNITY NEEDS SURVEY COMPILED BY COMMUNITY NEEDS TASK FORCE Chair Steve Cook reported on minor wordage changes in the community survey. He stated 800 survey forms would be mailed with two follow-up mailings to those who did not respond. They could expect a two-thirds return if there was a high interest from the recipients. Cook noted that September 15, 1999 would be the deadline to accept returned surveys. Erickson inquired about the amount of time involved to complete the survey and asked if the University of Minnesota had any suggestions. He also questioned the cost for a presentation by the U ofM. He thought the price of $1,900.00 for this service was rather expensive. Haag commented that he thought the survey was too long for people to fill out. Motion by Mlinar, second by Erickson, to approve the community survey with the two recommended changes. Motion unanimously carried. (b) CONSIDERATION OF EMPLOYING UNIVERSITY OF MINNESOTA TO COMPILE, ANALYZE AND PRESENT COMMUNITY NEEDS SURVEY Steve Cook reported the estimated cost for the University of Minnesota to handle the entire process for the community survey would be $15,000.00. Plotz informed the Council that the City's contingency account had $17,000.00 available that could be used for this purpose. Motion by Erickson, second by Haag, to approve hiring the University of Minnesota. Motion unanimously carried. (c) CONSIDERATION OF LETTING NO.7, PROJECT NO. 99-10; TH 15 SOUTH ANDDENVERAVENUESW It was suggested that since each traffic light cost $132,000.00, Ridgewater College and Hutchinson Community Hospital should be assessed for a portion of the 429 project cost because it would benefit their property. Motion by Erickson, second by Peterson, to approve the project and to adopt Resolutions No. 11258 and No. 11259. Motion unanimously carried. ( d) CONSIDERATION OF REASSESSMENT AGREEMENT FOR LOT 3, BLOCK 2, PADEN'S FIRST ADDITION (JOETTE A. SCHANTZEN & SUSAN 5 CITY COUNCIL MINUTES - JULY 13,1999 SCHANTZEN) Finance Director Kenneth B. Merrill reported that the figures were prepared before the City Engineer left for a conference. The amount was adjusted to $41,089.60 as listed in the agreement. Motion by Peterson, second by Haag, to approve the agreement for the adjusted amount of$41,089.60. Motion unanimously carried. (e) CONSIDERATION OF REASSESSMENT AGREEMENT FOR PLAZA HEIGHTS, LOT 4, BLOCK 6 (MCRAITH) Assistant Public Works Director John Olson requested that this item be removed from the agenda. Motion by Haag, second by Peterson, to remove the reassessment agreement from the agenda. Motion unanimously carried. (f) CONSIDERATION OF ICE FACILITY AGREEMENT WITH HUTCHINSON YOUTH HOCKEY ASSOCIATION The City Attorney reported the agreement was for the City of Hutchinson to provide funding for a connection corridor between the two ice facilities pending receipt ofthe Mighty Ducks grant program monies from the State of Minnesota. Motion by Erickson, second by Peterson, to approve the agreement and to adopt Resolution No. 11260. Motion unanimously carried. 9. MISCELLANEOUS (a) COMMUNICATIONS FROM CITY ATTORNEY Sebora commented on the recent sale of the Winsted Family Practice Clinic to the Ridgeview Chanhassen Clinic and requested approval of Ordinance No. 99-262 to ratifY the sale in accordance to the City Charter. Motion by Erickson, second by Peterson, to approve the first reading of Ordinance No. 99-262 and to set the second reading for July 27, 1999. Motion unanimously carried. (b) COMMUNICATIONS FROM ASSISTANT DIRECTOR OF PUBLIC WORKS 6 CITY COUNCIL MINUTES - JULY 13,1999 John Olson reported there have been requests for left-turn signals at South Grade Road and TH 15 South. The estimated cost is between $19,000.00 and $28,000.00, depending on the engineering involved. There is the potential of assessing affected properties/businesses. He stated that the Director of Engineering had prepared a letter to Mn/DOT and requested the Council's consideration of it. Motion by Peterson, second by Haag, to approve the request to mail the letter. Motion unanimously carried. (c) COMMUNICATIONS FROM BERNICK & LIFSON, ATTORNEYS A T LAW Attorney Michael R. Bradley of Bernick & Lifson informed the City Council that Triax had requested a public hearing regarding the cable franchise transfer to Mediacom. It was recommended to set the public hearing for July 27, 1999 at 6:00 p.m. Motion by Haag, second by Peterson, to approve and set the public hearing for July 27, 1999 at 6:00 p.m. Motion unanimously carried. 10. CLAIMS. APPROPRIATIONS AND CONTRACT PAYMENTS ( a) VERIFIED CLAIMS Motion by Erickson, second by Peterson, to approve the claims and authorize payment from appropriate funds. Motion unanimously carried. 11. ADJOURNMENT There being no further business, the meeting adjourned at 7:20 p.m. 7