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09-14-1999 CCM MINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, SEPTEMBER 14,1999 1. Mayor Torgerson called the meeting to order at 5:30 p.m. Present: Mayor Marlin Torgerson, Council Members Jeff Haag, John Mlinar, Kay Peterson and Don Erickson. Also present: City Administrator Gary D. Plotz, Director of Engineering John Rodeberg and City Attorney Marc A. Sebora. 2. The Reverend Greg Nelson gave the invocation. 3. MINUTES The minutes of the bid openings of August 23, 1999 were approved as presented. 4. CONSENT AGENDA (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. BUILDING OFFICIAL'S REPORT FOR AUGUST 1999 2. AIRPORT COMMISSION MINUTES OF JULY 26, 1999 3. HUTCHINSON AREA HEALTH CARE BOARD MINUTES OF JULY 20, 1999 4. SENIOR ADVISORY BOARD MINUTES OF JUNE 17, 1999 5. HUTCHINSON LIBRARY BOARD MINUTES OF AUGUST 30, 1999 (b) RESOLUTIONS AND ORDINANCES 1. LETTING NO. 5/PROJECT NO. 99-08 ASSESSMENT ROLL NO. 5025 - PETITION FOR LOCAL IMPROVEMENT: a) RESOLUTION NO. 11317 - RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF REPORT b) RESOLUTION NO. 11318 - RESOLUTION ADOPTING REVISED ASSESSMENT, ASSESSMENT ROLL NO. 5025 ( c) PUBLIC DANCE PERMITS: Unfavorable Recommendations from Police Department: y JESUS GARCIA FOR ARMORY ON SEPTEMBER 18, 1999 y JOSE ANGEL LOPEZ FOR ARMORY ON SEPTEMBER 18, 1999 y JOSE ANGEL LOPEZ FOR ARMORY ON OCTOBER 9, 1999 ( d) APPROVAL OF CHANGE ORDER NO.2 - LETTING NO.1 O/PROJECT NO. 99- 23 (e) APPROVAL OF CHANGE ORDER NO.1 - LETTING NO. 16/PROJECT NO. 99-38 "ROLLING MEADOWS" (t) APPROVAL OF RA VENWOOD SUBDIVISION AGREEMENT (g) OUT-OF-STATE TRAVEL FOR RANDY DEVRIES AND GARY PLOTZ TO ATTEND INTERNATIONAL SOLID WASTE EXPOSITION IN RENO, NEVADA FROM CITY COUNCIL MINUTES - SEPTEMBER 14, 1999 OCTOBER 16-20, 1999 (h) APPROVAL OF TRANSIENT MERCHANT LICENSE FOR HOMIER DISTRIBUTING COMPANY WITH FAVORABLE RECOMMENDATION BY POLICE DEPARTMENT (i) REQUEST TO WAIVE BUILDING AND PLUMBING PERMIT FEES FOR CIVIL AIR PATROL BUILDING LOCATED ON AIRPORT PROPERTY Motion by Peterson, second by Erickson, to approve the consent agenda. Motion unanimously carried. 5. PUBLIC HEARING - 6:00 P.M. (a) CABLE FRANCHISE TRANSFER FROM TRIAX TO MEDIACOM (CONTINUED FROM AUGUST 24, 1999) The Mayor called the continued hearing to order. The City Attorney reported that the law firm of Bernick and Lifson had reviewed the cable franchise transfer of control from Triax Midwest Associates, L.P. to Mediacom LLC. Sebora stated that the four factors to consider in determining whether to approve or deny the transfer were: 1. Legal and character qualifications of Mediacom and its equity partners; 2. Technical ability of Mediacom and its operational staff; 3. Financial stability and qualifications of Mediacom and its equity partners; 4. Reputation of Mediacom It was noted that Mediacom presently services 313 communities in 14 states. They will add 6 additional states when the transfer is completed and become one of the largest cable companies. Sebora informed the Council that Mediacom met all four criteria listed above. Therefore, the City has no grounds to oppose the transfer. Motion by Erickson, second by Peterson, to close the hearing at 6:02 p.m. Motion unanimously carried. Motion by Erickson, second by Peterson, to accept the report, approve the cable franchise transfer, and to adopt Resolution No. 11319. Motion unammously carried. (b) PUBLIC HEARING ON ISSUANCE OF REVENUE BONDS TO FINANCE AN ASSISTED LIVING FACILITY (SECOND CENTURY HOUSING PROJECT) The Mayor called the hearing to order and read the Notice of Public Hearing on the issuance of $12,000,000 revenue bonds to finance an assisted living facility. No one was present to be heard. Kenneth B. Merrill, City Finance Director, reported that the City of Hutchinson would be the issuer ofthe bonds for property located at 945 Century Avenue. The 42 assisted living units will be acquired by Second Century Housing from Welcome to Our Home, Inc. Motion by Haag, second by Peterson, to close the hearing at 6:05 p.m. Motion unanimously carried. 2 CITY COUNCIL MINUTES - SEPTEMBER 14, 1999 Motion by Erickson, second by Mlinar, to approve the issuance of revenue bonds and the execution of a Joint Powers Agreement with Second Century Housing Project, and to adopt Resolution No. 11320. Motion unanimously carried. 6. COMMUNICATIONS. REQUESTS AND PETITIONS (a) CONSIDERATION OF FUNDING REQUEST BY SOUTHWEST MINNESOTA FOUNDATION Sherry Ristau, Executive Director ofthe Southwest Minnesota Foundation, presented background information regarding the foundation. She reported the organization was 13-1/2 years old and represented 18 counties in Southwest Minnesota. She also discussed the organization's strategic plan and how it obtained funding. The goal of the Southwest Minnesota F oundatlOn is to become self-sufficient. It was requested that the City of Hutchinson consider a contribution of$1 per capita to leverage McKnight Foundation dollars to build the permanent endowment. Ristau pointed out that the Foundation had local investments in the City of Hutchinson through the award of 16 grants and 4 loans. Since the City Council was in the process of budget planning for the year 2000, no action was taken at this time. (b) PRESENTATION BY DR. PAMELA 1. SCHOMAKER, SURVEY MANAGER, UNIVERSITY OF MINNESOTA CENTER FOR SURVEY RESEARCH, REGARDING COMMUNITY NEEDS SURVEY RESULTS Dr. Schomaker stated that out of the 800 surveys mailed, 74% were returned which was an excellent response range. There were 208 written responses (37%). She noted that 42% of the respondents stated they had a fair understanding of the issues within the City of Hutchinson. Schomaker presented a breakdown ofthe age groups who filled out the survey and reported the average age was 50 years. Schomaker suggested that the City conduct further research on focus groups and determine what was behind some of their perceptions or thinking. It was recommended that the survey information be combined with other information at the City's disposal to determine what needs should be addressed. The results should be closely studied and a cost benefit analysis prepared. No action was taken. (c) UPDATE ON SLUDGE DRYING FACILITY BY SCOTT YOUNG, EARTH- TECH AND ED NEVERS, DONOHUE & ASSOCIATES Ed Nevers reported that a concept evaluation was prepared in 1994. The process was reviewed to determine the equipment selection for 1999, and one bid was received on July 14, 1999 for biosolids drymg facilities equipment procurement and installation. The sludge would be placed in the drying equipment. He stated the proposed scrubber system may not be needed, and a decision will be made soon. Nevers stated the equipment should be in operation by spring 2000. Scott Young informed the Council that a final report would be available in approximately two weeks. He noted that odor samples were taken from the dryer exhaust and from existing sources at the wastewater plant. The final product 3 CITY COUNCIL MINUTES - SEPTEMBER 14, 1999 produced 2-1/2 days a week will look like a rabbit pellet. The volume of sludge will be reduced by about 20%, which will result in less sludge to be hauled. No action was taken. 7. UNFINISHED BUSINESS -- NONE 8. NEW BUSINESS (a) CONSIDERATION OF INTERIM ORDINANCE SUPPORT FOR HIGHWAY 22 CORRIDOR STUDY Julie Wischnack, Planning/Zoning/Building Director, and Christie Rock, Economic Development Director, presented reasons for the City Council to support an interim ordinance (moratorium). The proposed ordinance would prohibit development along the new TH 22 bypass, as well as one parcel north ofTH 7 and the south side ofTH 7 extending to the east line of Section 33, until the completion of the corridor study being conducted by the City and County staff. They reported that the Steering Committee, Joint Planning Board, and Economic Development Authority were in support of an interim ordinance\moratorium that would last until January or February 2000. The presenters stated that the objective ofthe corridor study was to recommend more appropriate and definitive land uses than those outlined in the City of Hutchinson's Comprehensive Plan. Also, the corridor study would enable better management and planning for development in the designated area. The issues to be considered are the length ofthe moratorium, the types of permits/applications that would be prohibited during that time, and the area to be included. It was noted that McLeod County would enact the moratorium ordinance, and the McLeod County Board would hold a public hearing after the time line was completed. Motion by Mlinar, second by Haag, to approve the concept of a moratorium interim ordinance until the County Board meeting in February 2000. Motion unanimously carried. (b) CONSIDERATION OF FIRE DEPARTMENT MAJOR EQUIPMENT REPLACEMENT AS DISCUSSED AT RECENT WORKSHOP Fire Chief Brad Emans presented the following three proposals for replacement fire equipment. 1. Purchase one-half ownership of the rural pumper and sell one City pumper. Estimated total net cost in year 2000 $ 20,000 2. Purchase new rescue truck with townships served and sell 1985 truck. Estimated total net cost in year 2000 $ 70,000 4 CITY COUNCIL MINUTES - SEPTEMBER 14, 1999 3. Purchase new aerial truck and sell 1975 truck Estimated total net cost in year 2001 $520,000 Motion by Erickson, second by Mlinar, to approve combining the City and rural pumper. Motion unanimously carried. Motion by Mlinar, second by Peterson, to approve Fire Department to proceed with specifications and bids on the rescue truck, with Council approval to purchase. Motion unanimously carried. Motion by Haag, second by Mlinar, to approve Fire Department to proceed with specifications for a new aerial truck. Motion unanimously carried. (c ) CONSIDERATION OF ENTERING INTO ASSESSMENT AGREEMENT WITH MCLEOD COUNTY FOR ASSESSING SERVICE IN 2000 Finance Director Kenneth B. Merrill reported that the contract for assessing service in 2000 had increased by 3% for a total cost of $33,062.00. Motion by Mlinar, second by Peterson, to approve the assessment agreement. Motion unanimously carried. (d) CONSIDERATION OF SETTING TRUTH IN TAXATION HEARING DATE Merrill informed the City Council of the legislative restrictions in setting a date for the Truth in Taxation hearing. He recommended the date and time of December 6, 1999, beginning at 5:30 p.m. Motion by Erickson, second by Peterson, to approve hearing date and time and to adopt Resolution No. 11321. Motion unanimously carried. (e) CONSIDERATION OF SETTING 2000 PRELIMINARY TAX LEVY Merrill presented the 2000 preliminary tax levy at a total of $3,269,023.00, which is an increase of 10%. He commented that the levy amount can be increased, but it cannot be reduced once it has been set. Motion by Haag, second by Mlinar, to approve the tax levy of $3,269,023.00 and to adopt Resolution No. 11322. Motion unanimously carried. (f) CONSIDERATION OF CITY COUNCIL WORKSHOP TO DISCUSS "FINANCING HUTCHINSON GROWTH" 5 CITY COUNCIL MINUTES - SEPTEMBER 14, 1999 Motion by Peterson, second by Erickson, to approve a City Council workshop on September 28, 1999 at 4:00 p.m. Motion unanimously carried. Following discussion, Peterson made motion, second by Haag, to set an additional workshop to begin immediately after the September 28 City Council meeting if more time is needed to discuss the finances. Motion unanimously carried. (g) CONSIDERATION OF REVISED FINAL PLAT AND SUBDIVISION AGREEMENT FOR ROLLING MEADOWS Rodeberg reported that the applicants requested a change to the final plat in the area of the storm water pond (Outlot A). The developer wanted to reserve property to construct a trail (Outlot E) at some future time. The City would retain an easement over Outlot E to access the stormwater outlot (Outlot A). Motion by Haag, second by Mlinar, to approve the revised final plat and subdivision agreement. Motion carried, with Erickson abstaining from voting. 9. MISCELLANEOUS (a) COMMUNICATIONS FROM FINANCE DIRECTOR Merrill requested adoption of the following two Resolutions: y Resolution No. 11323 - Authorizing Release of Pledged Securities From First Federal FSB, Hutchinson, MN y Resolution No. 11324 - Accepting Pledged Securities From First Minnesota Bank Motion by Haag, second by Erickson, to adopt Resolutions No. 11323 and No. 11324. Motion unanimously carried. (b) COMMUNICATIONS FROM COUNCIL MEMBER JOHN MLINAR Mlinar reported that at the last Mid-Minnesota Development Commission meeting the Board approved funding for the senior dining program. The money would cover the shortfall experienced at the dining centers so that all the sites could stay open the remainder of 1999. There will be a fundraising campaign to make up the shortfall. The contract will be renegotiated, and proposals were put out for next year. The Council was informed that Don Wengler has been appointed the new Director of the Mid-Minnesota Development Commission. (c) COMMUNICATIONS FROM CITY ADMINISTRATOR 6 CITY COUNCIL MINUTES - SEPTEMBER 14, 1999 Plotz stated that the Request for Proposals for a Community/Conference Center would be opened on September 15 at 2:00 p.m. (d) COMMUNICATIONS FROM DIRECTOR OF ENGINEERING Rodeberg notified the City Council that more City highways have been torn up. He commented on the timeframe to open roads and stated the Council would receive an update at a later time. The City Engineer also addressed traffic congestion problems on Second Avenue S. on either side of Main Street. Consideration was being given to installation of another turn signal at Fifth Avenue S. The City Engineer stated the City might defer the turn signal designated for the Cubs store location until next year. He will evaluate the situation and come back with a proposal at the September 28 Council meeting. 10. CLAIMS. APPROPRIATIONS AND CONTRACT PAYMENTS ( a) VERIFIED CLAIMS Motion by Haag, 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 8:00 p.m. 7