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07-25-2000 CCM MINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, JULY 25, 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. Pastor Sam Grozdanov gave the invocation. 3. The minutes ofthe special meeting ofJuly 18,2000 and bid openings ofJuly 10,2000, July 11,2000 and July 18,2000 were approved as read, and the minutes ofthe regular meeting of July 11, 2000 were approved as amended. 4. CONSENT AGENDA (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. PLANNING COMMISSION MINUTES OF JUNE 20, 2000 2. FINANCIAL AND INVESTMENT REPORTS FOR JUNE 2000 3. HUTCHINSON AREA HEAL TH CARE BOARD MINUTES OF JUNE 20, 2000 (b) RESOLUTIONS AND ORDINANCES 1. 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 (WAIVE SECOND READING AND ADOPT) 2. RESOLUTION NO. 11529 - RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT 3. RESOLUTION NO. 11538 - RESOLUTION TO SELL AT AUCTION SURPLUS PROPERTY 4. RESOLUTION NO. 11539 - RESOLUTION TO APPROPRIATE UNCLAIMED PROPERTY 5. RESOLUTION NO. 11540-RESOLUTIONTOAPPROPRIATE/SELLAT AUCTION UNCLAIMED PROPERTY 6. RESOLUTION NO. 11541- RESOLUTION SPECIFYING THE USES OF TARTAN PARK PURSUANT TO THE MINNESOTA DEPARTMENT OF NATURAL RESOURCES LOCAL PARK GRANT PROGRAM 7. ORDINANCE NO. 00-281-AMENDINGORDINANCENO. 00-271; AN ORDINANCE EXTENDING THE CORPORATE LIMITS OF THE CITY OF HUTCHINSON TO INCLUDE CERTAIN LAND OWNED BY NORTH AMERICAN BROADCASTING PURSUANT TO MINNESOTA STATUTES 414.033, SUBDIVISION 2(1) AND 2(3) (WAIVE FIRST READING AND SET SECOND READING FOR AUGUST 8, 2000) CITY COUNCIL MINUTES - JULY 25, 2000 (c) SHORT-TERM ON SALE 3.2 BEER LICENSE FOR MCLEOD COUNTY AGRICULTURAL ASSOCIATION (FAIR BOARD) ON AUGUST 18-22, 2000 AT MCLEOD COUNTY FAIR GROUNDS DANCE PERMITS: y JOSE ANGEL LOPEZ ON SEPTEMBER 16, 2000 WITH UNFAVORABLE RECOMMENDATION Y MCLEOD COUNTY FAIR BOARD ON AUGUST 18-22,2000 (e) PLANNING COMMISSION ITEMS: (d) 1. CONDITIONAL USE PERMIT REQUESTED BY OAK HEIGHTS COVENANT CHURCH TO CONSTRUCT CHURCH IN R-l DISTRICT LOCATED AT CORNER OF SCHOOL ROAD AND SOUTH GRADE ROAD WITH FAVORABLE RECOMMENDATION WITH STAFF RECOMMENDATIONS (ADOPT RESOLUTION NO. 11530) 2. CONDITIONAL USE PERMIT REQUESTED BY PHILLIP FORCIER TO REPLACE EXISTING GARAGE AND DRIVEWAY 3' FROM SIDE PROPERTY LINE LOCATED AT 668 5TH AVENUE SW WITH FAVORABLE RECOMMENDATION WITH STAFF RECOMMENDATIONS (ADOPT RESOLUTION NO. 11531) 3. PRELIMINARY PLAT REQUESTED BY DEVELOPERS RESOURCE COMPANY FOR SUBDIVISION KNOWN AS SUMMERSET ADDITION LOCATED NORTH OF PROPOSED EDMONTON AVENUE AND SOUTH OF ORCHARD AVENUE WITH FAVORABLE RECOMMENDATION WITH STAFF RECOMMENDATIONS (ADOPT RESOLUTION NO. 11532) 4. CONDITIONAL USE PERMIT REQUESTED BY RON TELECKY TO REPLACE EXISTING GARAGE 3' FROM REAR PROPERTY LINE AND EXCEED 1,000 SQUARE FEET LOCATED AT 607 BLUFF STREETNE WITH FAVORABLE RECOMMENDATION WITH STAFF RECOMMENDATIONS (ADOPT RESOLUTION 11533) 5. CONDITIONAL USE PERMIT REQUESTED BY HEART OF MINNESOTA ANIMAL SHELTER TO USE EXISTING BUILDING FOR ANIMAL SHELTER IN I/C DISTRICT LOCATED AT 880 CENTURY AVENUE SW WITH FAVORABLE RECOMMENDATION WITH STAFF RECOMMENDATIONS (ADOPT RESOLUTION NO. 11534) 6. CONDITIONAL USE PERMIT FOR GRADING AND FILLING IN FLOODPLAIN FOR CONSTRUCTION OF BMX TRACK IN TARTAN PARK AS REQUESTED BY CITY OF HUTCHINSON WITH FAVORABLE RECOMMENDATION WITH STAFF RECOMMENDATIONS (ADOPT RESOLUTION NO. 11535) 7. CONDITIONAL USE PERMIT FOR TEMPORARY COMPOST 2 CITY COUNCIL MINUTES - JULY 25, 2000 FACILITY WITHIN FLOODPLAIN OF SOUTH FORK OF CROW RIVER AS REQUESTED BY CITY OF HUTCHINSON WITH FAVORABLE RECOMMENDATION WITH STAFF RECOMMENDATIONS (ADOPT RESOLUTION NO. 11536) 8. FINAL PLAT REQUESTED BY SORENSON AND NAUSTDAL PROPERTIES FOR 6-LOT SUBDIVISION KNOWN AS SECOND ADDITION TO ROLLING MEADOWS LOCATED EAST OF LOUISIANA AVENUE NW AND SOUTH OF GOLF COURSE ROAD WITH FAVORABLE RECOMMENDATION WITH STAFF RECOMMENDATIONS (ADOPT RESOLUTION NO. 11537) 9. ANNEXATION OF APPROXIMATELY 28 ACRES OF PROPERTY LOCATED IN SECTIONS 7 & 8 OF HASSAN VALLEY TOWNSHIP REQUESTED BY ROD AND ANN RIEWER WITH FAVORABLE RECOMMENDATION WITH STAFF RECOMMENDATIONS (WAIVE READING OF ORDINANCE AND SET SECOND READING) 10. ANNEXATION OF PROPERTY LOCATED ON HWY. 7 EAST AND HWY. 22 REQUESTED BY FRANK FAY WITH FAVORABLE RECOMMENDATION WITH STAFF RECOMMENDATIONS (WAIVE READING OF ORDINANCE AND SET SECOND READING) (f) OUT-OF-STATE TRAVEL FOR DICK EBERT TO ATTEND AWWA DISTRIBUTION SYSTEM SYMPOSIUM IN NEW ORLEANS SEPTEMBER 10- 13, 2000 (g) INVESTMENT AUTHORIZATION OF $200,000 WITH PRUDENTIAL SECURITIES, INC. (h) APPOINTMENTS TO BOARDS AND COMMISSIONS: y DEBORAH GORANOWSKI - HRA (SECOND TERM) Y DON WALSER - UTILITIES COMMISSION (FIRST TERM) Motion by Mlinar, second by Peterson to approve the consent agenda except for items No. 4-( e )-5,4-( e )-8, 4-( e )-9 and 4-( e )-10 to be pulled for discussion. Motion unanimously carried. Item 4-( e )-5 - The Mayor reported on a telephone call regarding a concern about noise from the dogs housed in the building. Also, residents in the nearby apartment building wondered why they were not contacted about the animal shelter. It was reported that a notification had been sent to the apartment building owner, and it was his responsibility to notifY his tenants. The City had followed the proper procedure. Motion by Peterson, second by Hoversten to approve the conditional use permit and to adopt Resolution No. 11534. Item 4-( e )-8 - There was a question on the location wording in the memo received. Wi schnack explained that east of Louisiana Avenue NW was a different location 3 CITY COUNCIL MINUTES - JULY 25, 2000 than the site of the development east of California, and the legal reference is east of Louisiana Street. Motion by Mlinar, second by Hoversten to approve the final plat and adopt Resolution No. 11537. Motion unanimously carried. Item 4-( e )-9 - Rodeberg suggested that a j oint meeting be held for recommendations regarding annexation or development of the area and bring back a recommendation to the August 8 City Council meeting. He reported that a Task Force would be formed. Motion by Mlinar, second by Haugen to defer this item to the next City Council meeting and form a Task Force regarding that particular area. Motion unanimously carried. Item 4-( e )-10 - Wischnack showed an overhead of the proposed area to be annexed, which is located in the Hwy. 22 Bypass area. She reported that a petition for annexation was received in December 1999, but it was denied by the township. The City staff and Hutchinson Township have met to discuss the annexation process. The presenter stated there were three concerns, namely: (1) payment for water services extension to the area; (2) future connection of sanitary sewer would not be available for three to five years; and (3) joint resolution for orderly annexation of property between the City and Hutchinson Township. Wischnack stated that the staff was looking to the City Council for direction on how to proceed. The Mayor stated that the present City Council could not bind future City Council members to an annexation. City Attorney Richard Schieffer reported that the township attorney was on vacation and could not be reached for consultation. He believed the orderly annexation agreement was essential to annexation and should be in hand prior to approval. It was noted that several property owners who abut the City were not interested in annexation. Wi schnack pointed out that the State needed a response from the City by August 8, 2000. Motion by Peterson, second by Mlinar to: (1) approve holding a neighborhood meeting; (2) to instruct the Building/Planning/Zoning Director to meet with the Hutchinson Township attorney; (3) to obtain a City/Township joint resolution agreement; and (4) to table action until proceedings have taken place and been brought back to the City Council prior to annexation. Motion unanimously carried. 5. PUBLIC HEARING- 6:00 P.M. (a) ADOPTION OF BUSINESS SUBSIDY POLICY FOR THE HUTCHINSON COMMUNITY DEVELOPMENT COMMISSION/EDA The Mayor called the hearing to order at 6:00 p.m. HCDC Executive Director Christie Rock reported that she had not received any response from the public hearing notice published in the newspaper. During the 1999 legislative session legislation was enacted that awards business subsidies or qualifying financial assistance to develop and adopt a business subsidy policy. 4 CITY COUNCIL MINUTES - JULY 25, 2000 Financial assistance must exceed $25,000 to qualify as a business subsidy. Rock stated that the City of Hutchinson does not have such a policy at the present time. She further noted that the Minnesota Department of Trade and Economic Development reviewed and approved the proposed policy. Motion by Mlinar, second by Haugen to close the hearing at 6: 10 p.m. Motion unanimously carried. Motion by Mlinar, second by Haugen to approve the business subsidy policy and to adopt Resolution No. 11543. Motion unanimously carried. 6. COMMUNICATIONS, REQUESTS AND PETITIONS (a) REVIEW OF 1999 FINANCIAL AUDIT BY ABDO ABDO EICK & MEYERS Mr. Kyle Meyers of Abdo Abdo Eick & Meyers, presented a report on the City's 1999 financial audit. He stated the City was in compliance and showed internal control on its financial reporting, and there were no material weaknesses in the accounting system. Therefore, the City of Hutchinson was being recognized again with a Certificate of Achievement for its financial reporting. 7. UNFINISHED BUSINESS (a) CONSIDERATION OF PETITION FOR TRAFFIC CONTROL FOUR- WAY STOP SIGN AT ROBERTS STREET AND MCDONALD DRIVE The Mayor read the letters of recommendation received from the Director of Engineering/Public Works and the Director ofPolicelEmergency Services. He stated that their recommendations were to not place a 4-way stop at the intersection of Roberts Street and McDonald Drive. The decision was based on the fact that the intersection did not meet the warrants for an all-way stop as found in the Minnesota Manual on Uniform Traffic Control Devices. Motion by Mlinar, second by Hoversten to leave the intersection as it is. Motion carried with roll call vote of Haugen, Mlinar, Hoversten and Torgerson voting aye and Peterson voting nay. 8. NEW BUSINESS (a) DISCUSSION OF CONDITIONAL USE PERMIT FOR FENCING REQUESTED BY MARSHALL CONCRETE PRODUCTS Director Julie Wischnack reported that in April 2000 the Planning Commission granted Marshall Concrete Products a conditiOnal use permit for outside material storage that required installation of an opaque fence. The City code required a 100% opaque fence when located in a residential area. She stated that Marshall Concrete Products submitted a proposed fence that would be chain link with plastic weaving. It would be less expensive and require low maintenance. Since City staff questioned whether the proposed fence was 100% opaque, they were seeking City Council direction on this issue. Motion by Hoversten, second by Haugen to approve the fencing requested to be used by Marshall Concrete Products as long as it is the opaque fence version. Motion unanimously carried. 5 CITY COUNCIL MINUTES - JULY 25, 2000 (b) DISCUSSION OF AMENDMENTS TO CITY ZONING ORDINANCE, SECTIONS 3, 8 AND 10, REGARDING HOME OCCUPATIONS (WAIVE FIRST READING OF ORDINANCE AND SET SECOND READING FOR AUGUST 8, 2000) Since Director Julie Wischnack has been contacted by individuals who want to have home occupations, City staff thought it would be an appropriate time to review the existing home occupation ordinance and revise it. The Mayor stated he was on the Planning Commission when the home occupation ordinance was adopted, and it was prepared for a specific reason. If a business expands, it is no longer considered home occupation and should be located in a commercial district. He cited Goebel Fixtures as an example. They were in operation prior to the adoption of the ordinance, but they cannot expand at their present location. The Mayor questioned signage on a home occupation business in a residential area. Motion by Mlinar, second by Peterson to defer. Motion unanimously carried. (c) CONSIDERATION OF REQUEST FOR WORKSHOP ON AUGUST 8, 2000 AT 4:00 P.M. TO DISCUSS TAX LEVY AND BOND FUNDING ISSUES Motion by Mlinar, second by Peterson to set a workshop on August 8, 2000 at 4:00 p.m. Motion unanimously carried. (d) CONSIDERATION OF SETTING DATE FOR 2000 APPRECIATION PICNIC Motion by Peterson, second by Mlinar to schedule the 2000 appreciation picnic on August 23,2000. Motion unanimously carried. (e) CONSIDERATION OF SETTING HEARING DATE FOR BUSINESSES IN VIOLATION OF ALCOHOL ORDINANCE FROM COMPLIANCE CHECKS CONDUCTED IN FALL 1999 The City Attorney reported that the City Council was required to set a hearing date for any time between August 10 and 25 to consider revocation of three liguor licenses. The hearing would either include the entire City Councilor a committee formed to include not less than two City Council members. The hearing for each business owner would require approximately one-half hour. Motion by Haugen, second by Mlinar to set a hearing at 7:00 a.m. on August 15, 2000 at City Center. Motion unanimously carried. (f) CONSIDERATION OF AWARDING BID FOR MCDONALD'S LIFT STATION Rodeberg reported that four bids were received on July 18,2000. Since there were several required items missing from the apparent low bidder, Great Western Corporation, their bid was considered informal and incomplete. The company was contacted by Earth Tech to provide the necessary material, but only a partial submittal was received. Therefore, it was recommended to consider Great Western Corporation's bid incomplete and rejected. Earth Tech recommended awarding the bid to the second lowest bidder, CCS Contracting, in the amount of$135,000. 6 CITY COUNCIL MINUTES - JULY 25, 2000 Motion by Peterson, second by Haugen, to approve and award bid to CCS Contracting. Motion unanimously carried. (g) CONSIDERATION OF REQUEST FROM HUTCHINSON AREA HEALTH CARE BOARD TO PURCHASE A CLAIMS EDITING SYSTEM Motion by Mlinar, second by Peterson to approve the purchase of a claims editing system in the amount of $80,000 for mvestment, and $35,000 for annual maintenance cost. Motion unanimously carried. (h) CONSIDERATION OF CITY OF HUTCHINSON BECOMING A P ARTICIP ANT OF THE BUILDING QUALITY COMMUNITIES EFFORT Motion by Hoversten, second by Peterson to approve City participation in the program and to adopt Resolution No. 11544. Motion unanimously carried. (i) CONSIDERATION OF HCVN-TV, CHANNEL 10, UTILIZING MINNESOTA SATELLITE & TECHNOLOGY FOR LEGISLATIVE PROGRAMMING WITH CONSENT OF CITY COUNCIL FOR PLACEMENT OF DISH ON CITY CENTER ROOF G. Barry Anderson, president of the Hutchinson Community Video Network (HCVN) Board of Directors, informed the Council that HCVN was approached by the Minnesota Satellite & Technology (MNSAT) to provide additional programming on legislative activity to the residents of Hutchinson via a local video signal. There would be no cost to the City to place a non-penetrating dish on the City Center roof, and the instruments could be removed at any time upon the City Council's request. He noted there was a question as to whether or not a franchise was required. Anderson stated he would prepare a letter of agreement for City Council approval. Motion by Mlinar, second by Peterson to approve placement of the dish on the City Center roof and enter into agreement. Motion unanimously carried. (j) CONSIDERATION OF APPOINTING MEMBERS TO CITY CHARTER COMMISSION The Mayor reported that the following individuals were to be appointed to the Charter Commission: Former Charter Commission Members Charles D. Carlson Walter S. Clay Philip G. Graves Jean Peterson Blandon Leadership Training Steven A. Auger Michael Cannon Linda Remucal Virgil Voigt Interested Citizens At-Large Dr. Carl O. Bretzke Donald Glas Ronald 1. McGraw Roger Petersen Motion by Mlinar, second by Peterson to approve the 12 appointments to the Charter Commission. Motion unanimously carried. The City Attorney presented Resolution No. 11542 that listed the two-year term and 7 CITY COUNCIL MINUTES - JULY 25, 2000 four-year term appointments, as follows: Two Year Term Dr. Carl Bretzke Charles "Chuck" Carlson Walter Clay Philip Graves Jean Peterson Virgil Voigt Four Year Term Steven Auger Michael Cannon Donald Glas Ronald 1. McGraw Roger Petersen Linda Remucal Motion by Hoversten, second by Peterson to amend the motion to approve the terms of office and to adopt Resolution No. 11542. Motion unanimously carried. (k) CONSIDERATION OF SETTING ORGANIZATIONAL MEETING DATE FOR CHARTER COMMISSION IN AUGUST 2000 It was suggested that the 12 individuals appointed to the Charter Commission be contacted to determine an organizational meeting date and time on either August 7 or August 8. No action was required. (I) CONSIDERATION OF ESTABLISHING A PUBLIC HEARING ON AUGUST 8, 2000 AT 6:00 P.M. TO OBTAIN INPUT INTO PRE-DESIGN OF PROPOSED COMMUNITY CENTER Plotz reported that it was recommended at the League of Minnesota Cities Conference to include the public in City government decision-making. Therefore, he suggested holding a public hearing for public input on the pre-design of the proposed community center. Motion by Peterson, second by Mlinar to approve setting a public hearing date of August 8, 2000 at 6:00 p.m. Motion unanimously carried. (m) CONSIDERATION OF APPOINTMENTS TO PRE-DESIGN STEERING COMMITTEE FOR COMMUNITY CENTER The following names were recommended for appointment to the Pre-Design Steering Committee for the Community Center: Norman Hoefer Jim Fahey Duane Hoversten Keith Enstad Dolf Moon Three Ex-Officio Members: Philip Graves Vi Mayer Gary D. Plotz Motion by Mlinar, second by Peterson to approve the appointments. Motion unanimously carried. 9. MISCELLANEOUS (a) COMMUNICATIONS FROM CITY ADMINISTRATOR Plotz informed the Council that the Negotiation Committee, consisting of City 8 CITY COUNCIL MINUTES - JULY 25, 2000 Attorney Richard Schieffer, Jack Yates (City Solid Waste Committee representative) and himself, had been meeting on an individual basis with three haulers, namely: Tom Workman of Superior Services, Steve Metz of Waste Management, and Galen Witte of Witte Sanitation. The committee will be bringing a recommendation for the award of the refuse/organics collection contract to the August 8 City Council meeting. He noted that the current collection contract expires October 1,2000. (b) COMMUNICATIONS FROM COUNCIL MEMBER JOHN MLINAR Mlinar commented on the upcoming workshop for revision ofthe home occupations ordinance. He thought a workshop was a good idea to allow for discussion of the various issues involved. ( c) COMMUNICATIONS FROM ROGER PETERSEN Roger Petersen, 1300 Sherwood Street SE, expressed affirmative support of what is currently happening within the community. He thought the City was on course and that most ofthe citizens agreed, although they do not speak up. Petersen commented that the City of Fridley was considering a "task force needs survey." He stated that the Plaza 15 site would satisfy the current needs for a community center without additional tax money since the cost would be covered. (d) COMMUNICATIONS FROM STEVE COOK Cook reported that the petition group had amended one item. He further expressed his disappointment in not being appointed to the Charter Commission and inquired if it was because of a conflict of interest. In response, the Mayor stated that he thought it was better for Cook to present the petition to the Charter Commission than for him to sit on the Commission to attempt to sway their thinking. His letters to the editor had indicated an agenda to make changes to the City Charter. The City Attorney responded that he had indicated to the Mayor it would be a conflict of interest to appoint Steve Cook to the Charter Commission. In addition, City Council members should not serve on the Charter Commission. (e) COMMUNICATIONS FROM CRAIG LENZ Lenz commented that not enough people come to the City Council and express appreciation for what they do. The meetings are open so that people can come forth with issues or ideas. He thought the City Council did a good job and commended them for their work. 9 CITY COUNCIL MINUTES - JULY 25, 2000 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 Peterson, second by Haugen to approve the verified claims Band authorize payment from the appropriate funds. Motion carried with Hoversten abstaining from voting. 11. ADJOURNMENT There being no further business, the meeting adjourned at 7:43 p.m. 10