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06-27-2000 CCM MINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, JUNE 27,2000 1. Mayor Torgerson called the meeting to order at 5:30 p.m. with the following members present: Mayor Marlin Torgerson, Council Members Jim Haugen, John Mlinar and Kay Peterson. Absent: Council Member Duane Hoversten. Also present: City Administrator Gary D. Plotz, Director of Engineering John Rodeberg and City Attorney Marc A. Sebora. 2. Pastor Jonathan Rathjen presented the invocation. 3. MINUTES The minutes ofthe regular meeting of June 12,2000 and bid opening of June 12,2000 were approved as presented. 4. CONSENT AGENDA (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. FINANCIAL REPORT AND CERTIFICATES INVESTMENT REPORT FOR MAY 2000 2 . PLANNING COMMISSION MINUTES OF MAY 16, 2000 3. HUTCHINSON AREA HEALTH CARE BOARD MINUTES OF MAY 16, 2000 (b) RESOLUTIONS AND ORDINANCES 1. ORDINANCE NO. 00-269 - AMENDING SECTION 10.31; MAINTENANCE OF PRIVATE PROPERTY TO CITY OF HUTCHINSON WEED ORDINANCE AND LAND MANAGEMENT PLAN (WAIVE FIRST READING AND SET SECOND READING FOR JULY 11, 2000) 2. ORDINANCE NO. 00-277 - AN ORDINANCE OF THE CITY OF HUTCHINSON, MINNESOT A VACATING DRAINAGE AND UTILITY EASEMENTS WITHIN OUTLOT A, ISLAND VIEW HEIGHTS SECOND ADDITION (WAIVE SECOND READING AND ADOPT) 3. RESOLUTION NO. 11497 - ACCEPTING PLEDGED SECURITIES FROM CITIZENS BANK & TRUST COMPANY 4. RESOLUTION NO. 11498 - RESOLUTION FOR PURCHASE 5. RESOLUTION NO. 11499- RESOLUTION ESTABLISHING LOCATION FOR TRAFFIC CONTROL DEVICES (c) LICENSES FOR ANNUAL FALL FESTIVAL AT ST. ANASTASIA CATHOLIC CHURCH: y GAMBLING LICENSE Y "ON SALE" 3.2 BEER LICENSE (d) LETTING NO. 10, PROJECT NO. 00-24 (SOUTH GRADE ROAD SW); ASSESSMENT ROLL NO. 5042 Y RESOLUTION NO. 11513 - RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF REPORT Y RESOLUTION NO. 11514 - RESOLUTION RECEIVING REPORT AND CITY COUNCIL MINUTES - JUNE 27, 2000 WAIVING HEARING ON IMPROVEMENT Y RESOLUTION NO. 11515 - RESOLUTION ORDERING IMPROVEMENT AND AUTHORIZING NEGOTIATION OF CONTRACT Y RESOLUTION NO. 11516 - RESOLUTION AWARDING CONTRACT RESOLUTION NO. 11517 - RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT Y RESOLUTION NO. 11518 - RESOLUTION WAIVING HEARING ON PROPOSED ASSESSMENT Y RESOLUTION NO. 11519 - RESOLUTION ADOPTING ASSESSMENT, ASSESSMENT ROLL NO. 5042 (e) PEDDLERS LICENSE FOR BRANDI SCHAFER, D.B.A. SHAFER'S SHAVED ICE PLANNING COMMISSION ITEMS: (f) (g) (h) (i) (j) (k) (I) (m) VACATION OF EASEMENTS FOR LOT 5, BLOCK 2 OF ISLAND VIEW HEIGHTS SECOND ADDITION AS REQUESTED BY WILLIAM GUGGEMOS WITH FAVORABLE RECOMMENDATION WITH STAFF RECOMMENDATIONS (WAIVE FIRST READING OF ORDINANCE NO. 00- 279 AND SET SECOND READING FOR JULY 11, 2000) VARIANCE TO CONSTRUCT DETACHED GARGE WITHIN FRONT YARD AS REQUESTED BY TIM SMITH WITH FAVORABLE RECOMMENDATION WITH STAFF RECOMMENDATIONS (ADOPT RESOLUTION NO. 11521) CONDITIONAL USE PERMIT TO CONSTRUCT BALL PARK DUGOUTS IN FLOODW A Y OF SOUTH FORK OF CROW RIVER AS REQUESTED BY CITY OF HUTCHINSON WITH FAVORABLE RECOMMENDATION WITH STAFF RECOMMENDATIONS (ADOPT RESOLUTION NO. 11522) CONDITIONAL USE PERMIT TO UTILIZE EXISTING BUILDING IN VC DISTRICT FOR A SCHOOL AS REQUESTED BY CROW RIVER SPECIAL EDUCATION COOPERATIVE WITH FAVORABLE RECOMMENDATION WITH STAFF RECOMMENDATIONS (ADOPT RESOLUTION NO. 11507) CONDITIONAL USE PERMIT TO CONSTRUCT A FENCE GREATER THAN 30" WITHIN FRONT YARD SETBACK AS REQUESTED BY LANCE WIGGERT WITH FAVORABLE RECOMMENDATION WITH STAFF RECOMMENDATIONS (ADOPT RESOLUTION 11505) PRELIMINARY PLAT FOR II-LOT SUBDIVISION KNOWN AS BEAU RIDGE TO BE LOCATED AT 500 GOLF COURSE ROAD NW AS REQUESTED BY JEFF MUNSELL WITH FAVORABLE RECOMMENDATION WITH STAFF RECOMMENDATIONS (ADOPT RESOLUTION NO. 11523) CONDITIONAL USE PERMIT TO CONSTRUCT A TRANSMISSION LINE IN FLOODW A Y OF SOUTH FORK OF CROW RIVER (REVISED ROUTE) AS REQUESTED BY HUTCHINSON UTILITIES COMMISSION (ADOPT RESOLUTION NO. 11508) CONDITIONAL USE PERMIT TO CONSTRUCT 3' PICKET FENCE IN FRONT YARD SETBACK AND A FENCE EXCEEDING 6' AS REQUESTED BY KEITH EVENSON WITH FAVORABLE RECOMMENDATION WITH STAFF 2 CITY COUNCIL MINUTES - JUNE 27, 2000 RECOMMENDATIONS (ADOPT RESOUTION NO. 11506) Motion by Mlinar, second by Haugen to approve the consent agenda except for item 4-(b )-5 to be pulled for discussion. Motion unanimously camed. Item 4-(b )-5 - Rodeberg stated there were traffic control concerns about snow removal vehicles and garbage trucks that can only go one way on the street. He reported that letters were sent to residents on Lewis Avenue SW between Dale Street and Lake Street to notify them the street would become one-way, but he only received two responses. Therefore, he requested approval of the one-way street on Lewis Avenue. Motion by Mlinar, second by Peterson, to approve and adopt Resolution No. 11499. Motion unanimously carried. 5. PUBLIC HEARING - 6:00 P.M. - NONE 6. COMMUNICATIONS, REQUESTS AND PETITIONS (a) PRESENTATION OF PLAQUES TO SENATOR STEVE DILLE AND REPRESENTATIVE ROBERT NESS The Mayor presented Senator Steve Dille with a plaque in appreciation for his efforts on behalf of the City in securing funding for a community center and biosolids drying facility. Representative Robert Ness was not present to receive his plaque. (b) PRESENTATION OF MAINTENANCE OPERATOR AWARD TO DOUG JOHNSON BY DIRECTOR BYRON HAYUNGA FROM MINNESOTA WASTEWATER OPERATORS ASSOCIATION Byron Hayunga, MWOA Central Section Director, presented Doug Johnson with a Class Maintenance Operator Award. He stated that Johnson's name would be entered into the Class Maintenance Operator Award at the State level. (c) COMMUNICATIONS FROM STEVE COOK: 1. REQUEST FOR CITY COUNCIL APPROVAL OF PETITION FOR HUTCHINSON CITY CHARTER AMENDMENTS The Mayor read the letter dated June 19, 2000 which was received from Steve Cook. Cook presented an overhead of the five items listed in the petition that were submitted to the City Council. Cook made reference to the 20% signature requirement from the last local election listed in the City Charter and proposed to change it to 10% of the last State election. Sebora stated that the City Council could not approve the form and substance of the petition since it would not be a proper process. He referred to the State Statute that the Council has to approve. Sebora informed Cook that the Charter Commission is the independent body that must approve it. The City 3 CITY COUNCIL MINUTES - JUNE 27, 2000 did not have the ability to approve the petition at this time because it did not meet the State Statutory requirements. Cook would have to talk to his attorney regarding the issue, and the two attorneys will meet to review it. 2. REQUEST FOR FORMATION OF A CHARTER COMMISSION The City Attorney stated that Cook had contacted the League of Minnesota Cities, and the LMC attorney had given him an opinion. He noted that governing Charter Commissions would have to fill vacant positions, and he did not believe there was an existing Commission. Cook stated that the Charter Commission was supposed to meet at least once a year. The members are given terms, and they are to be staggered. Sebora said he would research this issue. 3. REQUEST FOR DETERMINATION OF ANY RESTRICTIONS ON USE OF PARK ELEMENTARY SCHOOL AND/OR PROPERTY The City Attorney informed Cook that the school district would have the records on restrictions for use of school property/facilities. Peterson commented that the use of the school had nothing to do with the City, and therefore, Cook would need to contact the school. The Mayor stated that he thought there were some restrictions on South Park which were discovered when the City was looking into an outdoor swimming pool. He also suggested that Cook contact the school for further information. Mlinar thought there was no need to determine restrictions at this time. 4. DISCUSSION ON NEW INFORMATION REGARDING THE $1 MILLION STATE GRANT Cook informed the Council that he had contacted the Department of Trade and Economic Development. The Department of Finance told him there was no end to the timeframe. He was told the bond money would have to be paid back, and there are some possible obligations from the City regarding the use of the grant money. Cook commented that the public purposes would apply to the Plaza 15 property for a community center, but should there be a vote as to what the people want. 7. UNFINISHED BUSINESS - NONE 8. NEW BUSINESS (a) CONSIDERATION OF SETTING PUBLIC HEARING ON JULY 11, 2000 AT 6:00 P.M. REGARDING FRANCHISE PROPOSAL RFP APPLICATIONS FOR CABLE COMMUNICATIONS SYSTEMS SUBMITTED BY HUTCHINSON TELEPHONE COMPANY Motion by Mlinar, second by Peterson to approve setting a public hearing for July 11, 2000 at 6:00 p.m. Motion unanimously carried. 4 CITY COUNCIL MINUTES - JUNE 27, 2000 (b) CONSIDERATION OF AWARDING BID FOR 1942 AMERICAN LAFRANCE PUMPER FIRE TRUCK It was reported that two bids were received. The Fire Department recommended that Vernon Marshall be awarded the bid in the amount of$3,500. Motion by Peterson, second by Mlinar to approve awarding the bid to Vernon Marshall. Motion unanimously carried. (c) CONSIDERATION OF ENTERING INTO W ASTEW A TER INFRASTRUCTURE FUND PROJECT GRANT AGREEMENT WITH MINNESOTA PUBLIC FACILITIES AUTHORITY, DEPARTMENT OF TRADE AND ECONOMIC DEVELOPMENT Motion by Haugen, second by Peterson to approve the $400,000 grant agreement and to adopt Resolution No. 11500. Motion unanimously carried. (d) DISCUSSION OF PROJECT STATUS AND ENVIRONMENTAL REVIEW BY MPCA FOR LETTING NO.1 AND 2, PROJECT NO. 00-01 AND 00-02, SOUTH AREA TRUNK SEWER, PHASE 1 AND 2 (e) Rodeberg reported on a letter received from the Minnesota Pollution Control Agency and their proposed schedule to complete the Environmental Assessment Worksheet and permitting processes for the project. He stated the proposed schedule did not ensure a project completion date and should not be used to enter into any contracts or to set any construction commencement dates. However, a recent correspondence with the MPCA indicated that a mid-to-Iate August approval might be feasible, but no contracts should be awarded until the finding of facts had been signed. The City Engineer commented that Menards would like to have Edmonton Avenue open by fall 2000. CONSIDERATION OF LETTING NO.6, PROJECT NO. 00-17, MICHAEL COURT (T.H. 15 NE PORTION); ASSESSMENT ROLL NO. 5040 (KDUZ ASSESSMENTS) Rodeberg reported that a public hearing was held on this project, but the KDUZ/KARP property was not addressed at that time since they were not within the City limits. It was his recommendation to assess the lot $20,625 for sanitary sewer service, plus the $3,816 trunk fee, with the potential of future assessments along the sewer line. Motion by Haugen, second by Mlinar to approve the assessment and to adopt Resolutions No. 11501 & No. 11502. Motion unanimously carried. (f) CONSIDERATION OF LETTING NO.7, PROJECT NO. 00-20, SOUTH GRADE ROAD (DALE STREET TO SCHOOL ROAD) MSA PROJECT; ASSESSMENT ROLL NO. 5041 AND ACQUIRING RIGHT-OF-WAY Rodeberg reported that the total amount of the proposed assessment would be $404,180.68. He stated the City would need to acquire additional property for right- of-way at a total cost of $27,000. The City Engineer requested authorization to set an assessment hearing for July 11, 2000 at 6:00 p.m. and to acquire the necessary 5 CITY COUNCIL MINUTES - JUNE 27, 2000 property for the right-of-way. Motion by Mlinar, second by Haugen to approve the public hearing and property purchase and to adopt Resolutions No. 11503, No. 11504 & No. 11505. Motion carried, with Peterson abstaining from voting. (g) CONSIDERATION OF RESOLUTION NO. 11524 RESOLUTION AUTHORIZING THE ACQUISITION OF REAL PROPERTY FOR HOSPITAL PURPOSES It was reported that the Hutchinson Area Health Care Board had taken action to adopt a Resolution and approve the purchase of the Plaza 15 Shopping Center property in the amount of$3,460,000. The purchase agreement was presented to the City Council for approval, with the contingency that there must be a $1 million grant match from the State of Minnesota. An additional contract provision states that any of the 13 contingencies can be waived by the buyer and still continue with the purchase without grant funding. A plan will be developed and implemented to convert the entire space into public uses over a designated period of time. The purchaser will need to confer with the current tenants regarding the future timeframe for development and public use. HAHC President Phil Graves reported that many of the present tenants meet the criteria to be considered public. He was not certain if the nursing home residents could be transferred to the Plaza 15 location. Graves presented a financial report and stated that the hospital had $11 million excess in the bank at the present time. Therefore, the Hutchinson Area Health Care will provide the match for the City's $1 million grant match from the State. He noted that the Plaza 15 parking lot needed repairs, and the roof needed two-thirds of it replaced. Mike Ribich requested that the City Council make the purchase contingent upon approval ofthe Hutchinson residents. He thought the City might be obligated to pay back the State bond if they change the public site at a later time. Ribich inqmred what impact the purchase would have on the City's bond rating. He also wanted to know what happened to the City's bond rating since the hospital was added to the City. Ribich recommended to delay any action until there is a better understanding of the issues involved. He recommended that the City determine some of the issues before moving forward. City Attorney Richard Schieffer addressed another contingency to the contract. He commented that he thought Ribich was referring to an election, and it would not be appropriate for a purchase agreement. The City Attorney also addressed the City's bond rating and stated that no money was being borrowed for the purchase and renovation of Plaza 15. The State has a bonding fund, and the hospital is driving the purchase and providing the funding without borrowing money. Mlinar made reference to page 12, Section 14.8 entitled Environmental Laws. He noted that the hospital would make its own investigation to determine if there were any chemicals that had been dumped on the Plaza 15 property. The investigation would also cover petroleum spills. Motion by Mlinar, second by Peterson to approve the purchase agreement and to adopt Resolution No. 11524. Motion unanimously earned. 6 CITY COUNCIL MINUTES - JUNE 27, 2000 (h) PETITION FOR LOCAL IMPROVEMENT; LETTING NO. 11, PROJECT NO. 00- 25 (MARKET STREET SW PROJECT) Y RESOLUTION NO. 11509 - RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF REPORT Y RESOLUTION NO. 11510 - RESOLUTION RECEIVING REPORT AND WAIVING HEARING ON IMPROVEMENT Y RESOLUTION NO. 11511 - RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS Y RESOLUTION NO. 11512 - RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS. Rodeberg reported that the ditch located behind Wal-Mart has been an on-going problem. He informed the Council that the McLeod County Fair Board approached the City and offered to pay some of the cost on the project. Also, Wal-Mart has offered to provide fill for the ditch, which will save the City money on the $30,000 project. The City Engineer stated he would proceed to advertise for bids to be opened on July 10,2000 at 2:00 p.m. and awarded on July 11,2000. Motion by Peterson, second by Mlinar to approve advertising for bids and adopt Resolutions. Motion unanimously carried. 9. MISCELLANEOUS (a) COMMUNICATIONS 1. REQUEST FROM HUTCHINSON AREA HEALTH CARE TO APPROVE AMBULANCE PURCHASE It was noted that North Central Ambulance Sales was the only company to meet the bid specifications. Therefore, the HAHC Board requested that the low bid received from Wheeled Coach be rejected. Motion by Peterson, second by Haugen to reject the low bid and approve the bid from North Central Ambulance Sales for a Braun Ambulance in the amount of$113,188, based upon the recommendation ofthe Hospital Board. Motion unanimously carried. 2. REQUEST TO CLOSE AIRPORT FOR AIR SHOW BY DOOLEY AIRSHOWS ON SEPTEMBER 23, 2000 Motion by Mlinar, second by Peterson to approve the request from Dooley Airshows, on behalf of the Viking Council, Boy Scouts of America, to close the Hutchinson Municipal Airport between 2:00 p.m. and 5:00 p.m. on September 23,2000. Further, Dooley Airshows and/or Viking Council, Boy Scouts of America will be responsible for fulfilling all requirements necessary for conducting these activities on a public airport. Motion unanimously carried. 7 CITY COUNCIL MINUTES - JUNE 27, 2000 3. APPROVAL OF PEDDLERS LICENSE FOR MARVIN R WILLHITE Motion by Peterson, second by Mlinar to approve the license. Motion unanimously carried. 4. PARADE PERMIT FOR MINNESOTA GOLD WING MOTORCYCLE CLUB ON JULY 8, 2000 Motion by Mlinar, second by Peterson to approve the permit. Motion unanimously carried. 5. REQUEST FROM KDUZ/KARP RADIO TO LOWER SPEED LIMIT ON HWY. 15 NORTH Motion by Mlinar, second by Peterson to defer this item to the next meeting. Motion unanimously carried. 6. COMMUNICATIONS FROM HABIT FOR HUMANITY John Hassinger, President of Habit for Humanity, requested permission from the City Council to place a small playhouse in Library Square on July 3,2000 from 6:00 p.m. to 9:00 p.m. during the Music in the Park concert. Raffle tickets are being received for the playhouse as an organizational fundraiser. Motion by Mlinar, second by Haugen to approve the request. Motion unanimously carried. 7. COMMUNICATIONS FROM COUNCIL MEMBER JOHN MLINAR Mlinar inquired about the current status of the liquor store expansion project and the possibility of utilizing the Mr. Movies space since it is presently vacant. Rodeberg reported that the City was investigating this option. 8. COMMUNICATIONS FROM CITY ADMINISTRATOR Plotz commented on the pre-design for the proposed community center and the requirement for governmental approval. He informed the Council that the RFP request for bids would be received on July 7, 2000 at 10:00 a.m. It was noted that three or four architectural firms were interested in the project. Plotz requested that two Council Members be appointed to serve on a committee to review the bids and make the final selection for recommendation to the City Council. 8 CITY COUNCIL MINUTES - JUNE 27, 2000 The Mayor appointed John Mlinar and Duane Hoversten to serve on the selection committee. The City Administrator reported there was two large trestle beams from the old railroad lying on the ground near Shopko that are rotting. Two contractors have submitted the following offers to purchase the beams. .:. Diamond 5 $1,250.00 .:. Wm. Mueller & Sons $1,000.00 Motion by Mlinar, second by Peterson to approve the sale to the high bidder. Motion unanimously carried. 9. COMMUNICATIONS FROM DIRECTOR OF ENGINEERING Rodeberg commented on the current construction activities taking place within the community. He advised the public to be aware of the work being done in various areas throughout the city. 10. COMMUNICATIONS FROM MAYOR MARLIN TORGERSON Torgerson read a letter of appreciation received from Jonny Block, 2000 Jaycee Water Carnival Commodore. The Mayor shared some of the notes that Council Member Hoversten had written regarding the recent League of Minnesota Cities Conference. 11. COMMUNICATIONS FROM COUNCIL MEMBER JIM HAUGEN Haugen reported on a recent seminar he attended regarding the City of Bumsville's activities. 10. CLAIMS. APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS A & B Motion by Peterson, second by Haugen to approve the verified 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. 9 CITY COUNCIL MINUTES - JUNE 27, 2000 10