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09-11-2000 CCM MINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL MONDAY, SEPTEMBER 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 August 22, 2000 and bid opening of August 16, 2000 were approved as presented. 4. CONSENT AGENDA (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. BUILDING OFFICIAL'S REPORT FOR AUGUST 2000 2. TREE BOARD MINUTES OF JUNE 26, 2000 3. HUTCHINSON HOUSING AND REDEVELOPMENT AUTHORITY MINUTES OF JULY 18, 2000 4. PARKS, RECREATION & COMMUNITY EDUCATION ADVISORY BOARD MINUTES OF AUGUST 10, 2000 5. LIBRARY BOARD MINUTES OF AUGUST 28, 2000 (b) RESOLUTIONS AND ORDINANCES 1 . ORDINANCE NO. 00-282 - AN ORDINANCE APPROVING VACATION OF DRAINAGE AND UTILITY EASEMENTS WITHIN BROLL'S THIRD ADDITION (WAIVE SECOND READING AND ADOPT) 2 . ORDINANCE NO. 00-284 (AMENDING ORDINANCE NO. 00-272) - AN ORDINANCE EXTENDING A MORATORIUM ON THE CONSTRUCTION OF ALL NEW RADIO AND CELLULAR TOWERS AS REGULATED BY SECTION 10.08 OF THE CITY OF HUTCHINSON ZONING ORDINANCE NO. 464 (WAIVE SECOND READING AND ADOPT) 3. RESOLUTION NO. 11561- RESOLUTION OPPOSING THE CONCEPT OF ALLOWING FURTHER PROLIFERATION OF LIQUOR SALES FROM DISPENSARIES OTHER THAN DULY AUTHORIZED OFF- SALE LIQUOR STORES 4. RESOLUTION NO. 11562 - REVISED RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT; ASSESSMENT ROLL NO. 5043, LETTING NO. 2/PROJECT NO. 00-02 (c) MOTORIZED VEHICLE PERMITS FOR GOLF CARTS REQUESTED BY CITY COUNCIL MINUTES - SEPTEMBER 11, 2000 PATRICIA EIGEN (WEDDING PROCESSIONAL FROM CHURCH TO CROW RIVER COUNTRY CLUB WITH POLICE ESCORT) (d) PUBLIC DANCE PERMIT: y DURWOOD LAMPRECHT FOR BAVARIAN HAUS OKTOBERFEST ON SEPTEMBER 22 & 23, 2000 Y JOSE A. PALACIOS ON OCTOBER 7 AND 28, 2000 (e) SHORT - TERM GAMBLING LICENSE FOR HUTCHINSON BAND BOOSTERS ON DECEMBER 18, 2000 (f) PETITION FOR LOCAL IMPROVEMENT; LETTING NO. 13/CITY PROJECT NO. 00-27 Y RESOLUTION NO. 11563 - RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF REPORT Y RESOLUTION NO. 11564 - RESOLUTION RECEIVING REPORT AND WAIVING HEARING ON IMPROVEMENT Y RESOLUTION NO. 11565 - RESOLUTION ORDERING IMPROVEMENT Y RESOLUTION NO. 11566 - RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT Y RESOLUTION NO. 11567 - RESOLUTION WAIVING HEARING ON PROPOSED ASSESSMENT, ASSESSMENT ROLL NO. 5044 Y RESOLUTION NO. 11568 - RESOLUTION ADOPTING ASSESSMENT, ASSESSMENT ROLL NO. 5044 Motion by Peterson, second by Mlinar to approve the consent agenda except for item 4-(b )-3. Motion unanimously carried. Item 4-(b)-3-The Mayor read Resolution No. 11561 in its entirety. Hoversten questioned whether the resolution was being adopted to protect the Liquor Hutch or to keep youth from buying liquor. The Mayor stated this issue had previously been before the Legislature. The City Attorney confirmed that this resolution was intended to send a message to the Legislature to not allow the sale of the listed beverages by locations other than a liquor store and to more tightly control the sale. The Legislature will pass the final decision on the issue. Motion by Mlinar, second by Haugen to approve and adopt Resolution No. 11561. The motion carried three to two with a roll call vote of Haugen, Mlinar and the Mayor voting aye and Peterson and Hoversten voting nay. 5. PUBLIC HEARING- 6:00 P.M. NONE 6. COMMUNICATIONS, REQUESTS AND PETITIONS 2 CITY COUNCIL MINUTES - SEPTEMBER 11, 2000 (a) REPORT ON PRE-DESIGN OF COMMUNITY CENTER BY PHILIP GRAVES, DOLF MOON AND WOLD ARCHITECTS Bob Peterson, Chair of the Hutchinson Area Health Care Board, reported that the proposed floor plan for the Community Center was going to be submitted for approval to the Department of Trade & Economic Development. President Philip Graves informed the City Council that the Hutchinson Hospital had been negotiating since 1996 on the purchase of Plaza 15 Shopping Center. They were in need of additional parking as well as a site to integrate the hospital and nursing home facilities. The property not utilized by the Community Center will be used by the hospital over the next 10 years. Graves stated that legal counsel had advised the purchaser that the majority of the tenants in Plaza 15 met the requirements of public purpose use. Director DolfMoon reported on the project and noted that the pre-design took up to six months for a final drawing. In the planning process, the committee narrowed down the primary citizens to be located in the building. Moon stated the three groups that would manage the facility were the Convention & Visitors Bureau, the Chamber of Commerce and the Senior Citizens. He presented a proposed floor plan of the facility and explained the use of the different areas. The estimated cost of the Community Center was $1,300,000, and a budget needed to be established. Craig Andrae of Wold Architects & Engineers commented that the proposal of the pre-design floor plan would be forwarded to the Department of Trade and Economic Development for review by the State agency. Motion by Hoversten, second by Mlinar to forward the pre-design plan to the Department of Trade and Economic Development to determine if it qualifies for funding. Motion unanimously carried. (b) PRESENTATION OF JOB EV ALUATON AND COMPENSATION SYSTEM Todd Olness ofthe Stanton Group explained the process used by his firm to evaluate the City compensation policy. After the labor market was measured, they defined the labor market for each position. Then the company proposed an implementation plan that meets the pay equity guidelines. Motion by Peterson, second by Hoversten to accept the report. Motion unanimously carried. 7. UNFINISHED BUSINESS (a) CONSIDERATION OF ENTERING INTO FRANCHISE AGREEMENT WITH HUTCHINSON TELEPHONE COMPANY The Mayor referred to the discrepancies concerning the franchise agreement that were mentioned in the Hutchinson Telephone Company's letter dated September 7, 2000. Attorney Tom Creighton stated all of the issues had been resolved with the Phone Company and their attorney and could be disregarded, except for three items still under discussion. He noted the Phone Company's position was that the exact words should be in both franchise ordinances, but Creighton did not think it was necessary to have the same verbiage as long as they received the same treatment as Mediacom. 3 CITY COUNCIL MINUTES - SEPTEMBER 11, 2000 Section 6.1 (B) - Channell 0 Public Access was one area of contention. The phone company wanted the last sentence deleted that read: "Grantee to use its best efforts (provided the incumbent cable operator uses its best efforts) to coordinate the same PEG channel alignment as the incumbent cable operator." Creighton commented that two cable companies were not in existence when the first cable company obtained a franchise. This issue arises because the Telephone Company made application as the second party. Franchise Definition - Creighton stated the Phone Company had requested a definition of a franchise. Therefore, he inserted the sentence: "The franchise is this document." He intended to leave the sentence in the ordinance unless the City Council wanted it removed. Attorney Mark Ayotte of Briggs & Morgan responded that the issues in the Hutchinson Telephone Company's memo were presented before they received Attorney Creighton's response and new ordinance. He stated the Phone Company would attempt to keep Channel 10 as the "peg" channel in cooperation with the incumbent. G. Barry Anderson, President of Hutchinson Community Video Network Inc., stated that the Board had not taken a definite position. To date, the Phone Company had been cooperative with public access; however, he pointed out that the location on the "dial" was very important to public access. There was a concern that Channel 10 retains its identity on the dial as the local public access channel by both franchise holders. Walter Clay, President of the Hutchinson Telephone Company, promised that he would try to do what was best for Hutchinson, and Channel 10 would stay on that channel. The Phone Company only wanted the same things that the incumbent had. He inquired what the public access fee would be and stated it needed to be determmed. Clay noted that Section 6.1(B) was not in the original ordinance agreement. Motion by Hoversten, second by Mlinar, to approve the recommended language for pegging so that it is an equal contract with the incumbent and to remove the franchise definition from the contract. Motion unanimously carried. Motion by Hoversten, second by Mlinar to approve the revised agreement, waive second reading and adopt Ordinance No. 00-283. Motion unanimously carried. 8. NEW BUSINESS (a) CONSIDERATION OF ADOPTING RESOLUTION TEMPORARILY SUSPENDING PARKING RESTRICTIONS IN DOWNTOWN AREA DURING ARTS AND CRAFTS FESTIVAL/TASTE OF HUTCHINSON The Police Department requested a temporary suspension ofthe parking restrictions on the west sige of Jefferson Street from W ashington Avenue to Fifth Avenue SE. during the 26 annual Arts and Crafts Festival/Taste of Hutchinson to be held on September 15 & 16. The temporary easement in parking enforcement would be in effect from 6:00 a.m. on Friday until 6:00 p.m. on Saturday. Motion by Mlinar, second by Peterson to approve and adopt Resolution No. 11560. Motion unanimously carried. 4 CITY COUNCIL MINUTES - SEPTEMBER 11, 2000 (b) CONSIDERATION OF USING FORMER SIMONSON'S LUMBER PROPERTY FOR OVERNIGHT VENDOR PARKING DURING ARTS AND CRAFTS FESTIVAL/TASTE OF HUTCHINSON Motion by Peterson, second by Haugen to approve request. Motion unanimously carried. (c) CONSIDERATION OF WORDING OF CHARTER AMENDMENT BALLOT QUESTIONS City Attorney Schieffer presented the proposed language for the amendment ballot questions. Motion by Hoversten, second by Mlinar to table for a special City Council meeting on September 18,2000 at 7:00 a.m. Motion unanimously carried. (d) CONSIDERATION OF SETTING AN ELECTION DATE TO CONSIDER PROPOSED AMENDMENTS TO THE HUTCHINSON CITY CHARTER Motion by Peterson, second by Mlinar to table for the special meeting on September 18,2000 at 7:00 a.m. Motion unanimously carried. (e) CONSIDERATION OF EXTENDING LEASE AGREEMENT BETWEEN HUTCHINSON AREA HEALTH CARE AND F AMIL Y REXALL DRUG Motion by Hoversten, second by Peterson to approve extension of the lease agreement with Family Rexall Drug. Motion unanimously carried. (f) CONSIDERATION OF TASK FORCE MEMBERSHIP FOR REVIEW OF SOUTH JEFFERSON STREET ANNEXATION/UTILITY SERVICE ISSUES Rodeberg reported that a Task Force would be established to review the potential utility service and annexation issues for Jefferson Street between Century Avenue and Airport Road. The Task Force would determine guidelines or recommendations for development in the area. The City may need to hire a consultant to review the cost and service issues. The proposed Task Force membership is as follows: TASK FORCE MEMBERSHIP Owner ~Large Lot) Owner Small Lot) Owner Alternate) Hassan Valley Township McLeod County Commissioner Hutchinson City Council Galen Houk Krista Picha Brian Burgess Bob Anderson Sheldon Nies John Mlinar RESOURCE STAFF County Environmentalist City Planner City Engineer Economic Development County Engineer Roger Berggren Julie Wischnack John Rodeberg Christie Rock Rick Kj onaas Motion by Haugen, second by Peterson to approve the Task Force, with John Mlinar 5 CITY COUNCIL MINUTES - SEPTEMBER 11, 2000 appointed to represent the Hutchinson City Council. Motion unanimously carried. (g) CONSIDERATION OF PROCEEDING WITH GOLF COURSE ROAD EXTENSION The City Engineer explained the reasons for delay in acquiring the property necessary for the Golf Course Road extension. He stated there was a need to proceed in order to preserve the route and establish the route on the State Aid System to develop funding for the project. Rodeberg requested approval to record the City of Hutchinson Street Right-of-Way Plat No.5 and to hire a consultant to review the previous appraisal, complete an updated appraisal and make offers to the affected property owners. Motion by Mlinar, second by Peterson to approve the two requests. Motion unanimously carried. The Mayor removed himself from the Chair and turned it over to Vice-President Mlinar. (h) CONSIDERATION OF ACQUISITION AND RELOCATION TEAM FOR POTENTIAL POST OFFICE RELOCATION PROJECT Christie Rock, Executive Director EDA, stated the Hutchinson Post Office was considering two potential relocation sites. Since it was the intent of the City staff and Council to keep the facility in the downtown area, the staff was proposing a potential location on Jefferson Street SE. Therefore, Rock requested approval of the acquisition and relocation team comprised of the law firm of R. 1. McGraw for acquisition and the law firm of Schnitker & Associates for relocation and assistance with the acquisition process to assist with the potential post office relocation project. Motion by Hoversten, second by Haugen to approve the acquisition and relocation team and to secure an appraiser. The motion carried with the Mayor abstaining from voting. (i) CONSIDERATION OF EXPENDITURE OF FUNDS FOR POTENTIAL POST OFFICE RELOCATION PROJECT It was reported that the City would front-end up to $1 million for the potential post office relocation project. Then the Post Office would reimburse the City after the acquisition process occurred. Motion by Hoversten, second by Haugen to approve the funds. Motion carried with the Mayor abstaining from voting. The Mayor resumed the position of Chair and continued the meeting. (j) CONSIDERATION OF CHANGE ORDER NO.1 FROM RASKE BUILDING SYSTEMS, INC. FOR DEDUCT ON BUILDINGS AT COMPO STING FACILITY Raske Building Systems submitted Change Order No.1 for a price reduction of $7,761.00 on the composting facility project by replacing some doors and windows. Motion by Mlinar, second by Peterson to approve the reduction in Change Order No. 1. Motion unanimously carried. 6 CITY COUNCIL MINUTES - SEPTEMBER 11, 2000 (k) CONSIDERATION OF REQUEST FROM HRA TO REALLOCATE ECHO DISCOUNT FUNDS TO HRA ENTRY COST ASSISTANCE PROGRAM The HRA Executive Director Jean Ward requested that a portion of the ECHO discount funds originally set aside for the HHPOP program be reallocated for use with the HRA entry cost assistance program. She also asked that approval be given to reallocation of$20,000 of the $25,000 original City match. Ward stated a total of $40,000 would be reallocated to the HRA entry cost assistance program. Motion by Hoversten, second by Haugen to approve the reallocation request and to adopt Resolution No. 11559. Motion unanimously carried. (I) CONSIDERATION OF SETTING TRUTH IN TAXATION HEARING DATE FOR TAXES PAYABLE IN 2001 Motion by Peterson, second by Mlinar to approve the date of December 4,2000 at 5:30 p.m. for the Truth in Taxation hearing and to adopt Resolution No. 11569. Motion unanimously carried. (m) CONSIDERATION OF SETTING 2001 PRELIMINARY TAX LEVY FOR SPECIAL TAXING DISTRICT HUTCHINSON REDEVELOPMENT AUTHORITY Motion by Peterson, second by Hoversen to approve the 2001 preliminary tax levy of $76,752.00 and to adopt Resolution No. 11570. Motion unanimously carried. (n) CONSIDERATION OF SETTING 2001 PRELIMINARY TAX LEVY FOR CITY OF HUTCHINSON, MINNESOTA Motion by Mlinar, second by Haugen to set a special City Council meeting at 7:00 a.m. on September 14,2000. Motion unanimously carried. (0 ) CONSIDERATION OF CALLING FOR SALE OF YEAR 2000 IMPROVEMENT BOND Finance Director Kenneth B. Merrill reported that the bids for the bond sale would be opened on September 19, 2000, and additional information would be available at that time. Motion by Mlinar, second by Peterson to defer action to the September 26, 2000 City Council meeting. Motion unanimously carried. (p) CONSIDERATION OF CALLING FOR SALE OF YEAR 2000 PUBLIC UTILITY REVENUE BONDS Motion by Mlinar, second by Peterson to defer action to the September 26, 2000 City Council meeting. Motion unanimously carried. (q) CONSIDERATION OF ENTERING INTO AUDIT SERVICES CONTRACT WITH ABDO ABDO EICK & MEYERS Merrill informed the City Council that the auditing services contract with Abdo Abdo Eick & Meyers expired with the 1999 audit. It was recommended that the City approve the three-year proposal to cover the years 2000 through 2002. 7 CITY COUNCIL MINUTES - SEPTEMBER 11, 2000 Motion by Mlinar, second by Peterson to approve the three-year consulting service contract with Abdo Abdo Eick & Meyers. Motion unanimously carried. (r) CONSIDERATION OF ESTABLISHING FUTURE BUDGET WORKSHOP DATE Motion by Mlinar, second by Haugen to approve an all day special meeting for a budget workshop on October 10, 2000 at 9:00 a.m. Motion unanimously carried. 9. MISCELLANEOUS (a) COMMUNICATIONS - NONE 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 Peterson to approve the verified claims Band authorize payment from appropriate funds. Motion carried with Hoversten abstaining from voting. 11. ADJOURNMENT There being no further business, the meeting adjourned at 8: 15 p.m. pat 8