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07-11-2000 CCM MINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, JULY 11, 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, Kay Peterson and Duane Hoversten. Also present: City Administrator Gary D. Plotz, Director of Engineering John Rodeberg and City Attorney Marc A. Sebora. 2. In the absence of a pastor, there was no invocation. 3. MINUTES The minutes of the regular meeting of June 27,2000 and bid opening of June 27, 2000 and July 7, 2000 were approved as presented. 4. CONSENT AGENDA (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. BUILDING OFFICIAL'S REPORT FOR JUNE 2000 2. LIBRARY BOARD MINUTES OF JUNE 26, 2000 3. AIRPORT COMMISSION MINUTES OF APRIL 24,2000 (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 SECOND READING AND ADOPT) (c) SHORT-TERM ON SALE 3.2 BEER LICENSE FOR R. C. PROMOTIONS ON JUL Y 22,2000 AT MCLEOD COUNTY FAIR GROUNDS Motion by Mlinar, second by Peterson to approve the consent agenda. Motion unanimously carried. 5. PUBLIC HEARING- 6:00 P.M. (a) FRANCHISE PROPOSAL RFP APPLICATIONS FOR CABLE COMMUNICATIONS SYSTEMS SUBMITTED BY HUTCHINSON TELEPHONE COMPANY Tom Dahl, General Manager of the Hutchinson Telephone Company, showed a power point presentation on the services, programs and systems that would be available from the Telephone Company. He reported that the Hutchinson Phone Company was founded on December 1, 1896, and Articles of Incorporation were filed with the State of Minnesota in 1901. It cost the company $900,000 to add video service to the network. Dahl further stated that the phone company met all the legal, technical and financial qualifications and requested approval of the franchise application. Attorney Mark Ayotte, from Briggs & Morgan Law Firm, represented the Hutchinson Telephone Company at the hearing. Attorney Tom Creighton, franchise attorney for the City, agreed that the phone CITY COUNCIL MINUTES - JULY 11, 2000 company was legally, technically and financially eligible for the cable franchise. He suggested that the City close the hearing. Then the required ordinance would be prepared seven days after the public hearing. Motion by Hoversten, second by Mlinar to close the public hearing. Motion unanimously carried. (b) ASSESSMENT HEARING FOR LETTING NO.7, PROJECT NO. 00-20; ASSESSMENT ROLL NO. 5041 (SOUTH GRADE ROAD SW) The Mayor called the assessment hearing to order. He read three letters received from the following residents: Mary Lou Lipke, 1350 South Grade Road; Russell and Doris Rickeman, 1360 South Grade Road; and John and Donna Rickeman, 1390 South Grade Road. All three parties expressed concern about the high assessment costs. Rodeberg showed an overhead of the area included in the assessment hearing. He stated the properties in the area were large size lots, and the residential lots could not be subdivided. The City Engineer also noted that the City was paying over one-half the project cost. He further commented that the expected interest rate on the 2000 improvement bonds was between 6.5% and 7.5%, and the actual interest rate on the assessments would be 1 % over the rate of the bond. John Rickeman stated that the letter covered his concerns. He would be in favor of establishing a maximum lot size. Motion by Mlinar, second by Hoversten to close the hearing. Motion carried with Peterson abstaining from discussion and voting. Motion by Hoversten, second by Mlinar to set a 125 foot maximum assessment for undividable lots but defer the remainder until development occurs and to set the maximum lot width for undividable, residential lots on Dale Street. Motion carried with Peterson abstaining. Action - Motion to reject - Motion to approve and adopt Resolution No. 11525 6. COMMUNICATIONS, REQUESTS AND PETITIONS (a) PRESENTATION BY GARY HENKE TO REQUEST FIRE DEPARTMENT RELIEF ASSOCIATION MONTHLY PENSION INCREASE Gary Henke reported on the requirements to qualify for a firemen's pension. He stated the current benefit rate is $9 per month per year of service. It was requested to increase the pension for active and retired members by $1.00 the first year and $1.00 the second year to the amount of $11 by January 1, 2001. Henke stated that by the end of 2001, the rate would return to 93 % funding. He expressed concern about the drop in investment funds. Motion by Mlinar, second by Haugen to approve the requested monthly pension increase. Motion unanimously carried. 7. UNFINISHED BUSINESS - NONE 8. NEW BUSINESS 2 CITY COUNCIL MINUTES - JULY 11, 2000 (a) CONSIDERATION OF SETTING PUBLIC HEARING ON JULY 25,2000 AT 6:00 P.M. REGARDING PROPOSED ADOPTION OF BUSINESS SUBSIDY CRITERIA Motion by Mlinar, second by Peterson to approve setting a public hearing on July 25, 2000 at 6:00 p.m. and to adopt Resolution No. 11526. Motion unanimously carried. (b) CONSIDERATION OF SETTING CITY COUNCIL WORKSHOP FOR JULY 25, 2000 AT 4:00 P.M. TO REVIEW 1999 FINANCIAL AUDIT Motion by Peterson, second by Hoversten to approve setting a City Council workshop for July 25,2000 at 4:00 p.m. Motion unanimously carried. (c) CONSIDERATION OF RECOMMENDATION FORHRA TOBECOMEAMHFA HOME IMPROVEMENT LENDER Motion by Haugen, second by Hoversten to approve the recommendation and to adopt Resolution No. 11527. Motion unanimously carried. (d) CONSIDERATION OF CHANGE ORDER NO.1 FOR FIRST ADDITION TO ROLLING MEADOWS Rodeberg reported that the change order added a storm sewer in the area previously proposed for a ditch and also added related sanitary sewer, watermain and street construction to serve the Second Addition to Rolling Meadows. The cost would be $45,295.90, which would be 100% assessed to the developer. Motion by Peterson, second by Mlinar to approve Change Order No.1. Motion unanimously carried. (e) CONSIDERATION OF REQUEST FOR SPECIAL CITY COUNCIL MEETING ON JULY 18,2000 TO AWARD BID ON COMPOST FACILITY Motion by Mlinar, second by Hoversten to approve a special City Council meeting at 7:00 a.m. on July 18,2000. Motion unanimously carried. (f) CONSIDERATION OF RECOMMENDATION FROM EARTH TECH TO AWARD SITE WORK/PIPING BID ON COMPOST PROJECT Engineer Scott Young of Earth Tech reported on the bid opening held June 27, 2000. He noted that two bids were received, and it was recommended to award the bid to the second lowest bidder for the following reasons: (1) lack of similar experience in scope and magnitude; and (2) qualification of bid relative to fill materials. Scott further explained that the apparent low bidder, Diamond 5 Construction, provided dated references, did not list any subcontractors, and qualified their bid by mdicating that "materials would be supplied by the City of Hutchinson. " None of the listed projects had the scope of work required by the composting facility site work and sewer installation. Young stated that the project bidding documents were clear in what materials would be provided by the City of Hutchinson, and they did not state the City would provide all materials for the project. The City Attorney clarified that since the low bidder was not meeting the specifications, he was not the lowest responsible bidder. He stated that Engineer 3 CITY COUNCIL MINUTES - JULY 11, 2000 Young had shown cause not to award the bid to Diamond 5 Construction. Fred Madsen of Diamond 5 Construction stated he intended to contact his attorney, and they would be back if the bid award were not made to the low bidder. Motion by Hoversten, second by Mlinar to award the contract to E & T Contracting, Inc. Motion unanimously carried. (g) CONSIDERATION OF AWARDING BID FOR RFP PRE-DESIGN SUBMITTAL FOR SHOPPING CENTER ACQUISITION Plotz reported on the process used to obtain pre-designRFPs for the Plaza 15 community center. Four proposals were received on July 7, 2000, and interviews were conducted with all four applicants. After review of the applications and the various prices, the committee unanimously recommended that Wold Architect be awarded the project. Motion by Hoversten, second by Peterson to approve the award to Wold Architect in the amount not to exceed $9,500. Motion unanimously carried. (h) CONSIDERATION OF REQUEST FROM STEVE COOK FOR CITY TO INITIATE APPOINTMENT TO FILL VACANCIES ON CHARTER COMMISSION Steve Cook commented on the question of whether there were vacancies on the Charter Commission. The City Attorney stated that since there had been no appointments since the 1980s, the City Council could make appointments or have someone from the Court appoint individuals to the Charter Commission. Motion by Mlinar, second by Peterson to initiate appointments to fill the vacancies on the Charter Commission. Motion unanimously carried. (i) CONSIDERATION OF REQUEST FROM STEVE COOK FOR CITY TO SEEK ATTORNEY GENERAL'S OPINION WHETHER THE CITY COUNCIL CAN ACCEPT CITIZEN PETITION FOR CITY CHARTER AMENDMENTS IN LIEU OF ACTIVE CHARTER COMMISSION The Mayor stated a list of names for appointment to the Charter Commission would be presented at the next City Council meeting. He requested that anyone interested in serving on the Commission contact either him or City Center by July 18. The Commission would meet at least once a year if there were no specific issues to be discussed. Motion by Mlinar, second by Hoversten to set the deadline of 5 :00 p.m. on July 18, 2000 for submission of names for Charter Commission membership. Motion unanimously carried. 9. MISCELLANEOUS (a) COMMUNICATIONS 1. GAMBLING LICENSE FOR DUCKS UNLIMITED 4 CITY COUNCIL MINUTES - JULY 11, 2000 Motion by Peterson, second by Haugen to approve the gambling license. Motion unanimously carried. 2. ORDINANCE NO. 00-279 - AN ORDINANCE APPROVING VACATION OF CERTAIN DRAINAGE AND UTILITY EASEMENTS WITHIN LOT 5, BLOCK 2, ISLAND VIEW HEIGHTS SECOND ADDITION (SECOND READING AND ADOPT) Motion by Peterson, second by Mlinar to waive second reading and adopt Ordinance No. 00-279. Motion unanimously carried. 3. ORDINANCE NO. 00-280 - AN ORDINANCE OF THE CITY OF HUTCHINSON, MINNESOTA, AMENDING CITY CODE SECTION 5.02 GOVERNING THE APPLICATION AND ADMINISTRATION OF LIQUOR LICENSES Sebora reported that the current liquor ordinance states a license would be revoked if an employee sells liquor to a minor. The amendment would revoke the liquor license for a period not to exceed 30 days for a first offense and shall be suspended for a period of between 30 days and 60 days for a second offense and shall be revoked for the third offense. Motion by Peterson, second by Haugen to waive first reading of Ordinance No. 00-280 and set second reading for July 25,2000. Motion unanimously carried. 4. PETITION FOR FOUR- WAY STOP AT INTERSECTION OF ROBERTS STREET AND MCDONALD DRIVE Thirty residents signed and submitted a petition to request a four-way stop at the intersection of Roberts Street and McDonald Drive. The City Engineer stated the petition would be reviewed with the Police Chief and brought back to the next City Council meeting with a recommendation. Motion by Peterson, second by Mlinar to refer the petition to the City Engineer and Emergency Service for review and a recommendation. Motion unanimously carried. 5. CHANGE ORDER FOR ROLLING MEADOW - UTILITY AND STREET IMPROVEMENTS 5 CITY COUNCIL MINUTES - JULY 11, 2000 Rodeberg reported the change order was for an addition of $7,825.72 for additional work and a deduct of $3,841.10 on the project. Motion by Hoversten, second by Peterson to approve the change order. Motion unanimously carried. 6. CHANGE ORDER NO.1 FOR LETTING NO. 10, PROJECT NO. 00-24 Rodeberg reported the change order was for a $444.00 labor increase for 9 hours. Motion by Mlinar, second by Peterson to approve the change order. Motion unanimously carried. 7. COMMUNICATIONS FROM COUNCIL MEMBER DUANE HOVERSTEN Hoversten suggested that the Minnesota Cities: Building Quality Communities program should be considered at the next City Council meeting. He noted that the League of Minnesota Cities sponsored the two- year grassroots educational campaign. 8. COMMUNICTIONS FROM DIRECTOR OF ENGINEERING Rodeberg reported that his department was working on utility issues. Mediacom had obtained a permit from the City, but the Hutchinson Telephone Company had not. Since services are being hit when the three entities are digging, a draft ordinance is being prepared to address the issues. 10. CLAIMS. APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS A & B Motion by Mlinar, second by Peterson to approve the verified claims A and authorize payment from appropriate funds. Motion unanimously carried. Motion by Haugen, second by Mlinar to approve the verified claims B and authorize payment from appropriate funds. Motion carried with Hoversten abstaining from voting. 11. ADJOURNMENT There being no further business, the meeting adjourned at 7:20 p.m. 6