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11-14-2000 CCM MINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, NOVEMBER 14, 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, City Engineer John Rodeberg, and City Attorney Richard Schieffer. 2. Pastor Greg Nelson gave the invocation. 3. MINUTES The minutes of the regular meeting of October 24,2000, special meeting of November 8, 2000 and bid openings of October 27, 2000 and November 2, 2000 were approved as presented. 4. CONSENT AGENDA (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. BUILDING OFFICIAL'S REPORT FOR OCTOBER 2000 2. LIBRARY BOARD MINUTES OF OCTOBER 23, 2000 3. TREE BOARD MINUTES OF OCTOBER 30,2000 (b) RESOLUTIONS AND ORDINANCES 1. RESOLUTION NO. 11614-RESOLUTION ADOPTING ASSESSMENT; ASSESSMENT ROLL NO. 5040, LETTING NO. 6/PROJECT NO. 00-17 2. RESOLUTION NO. 11615 - RELEASING PLEDGED SECURITIES FROM CITIZENS BANK & TRUST CO., HUTCHINSON, MN CONSIDERATION OF APPROVAL FOR POLICE SERVICES TO ENTER INTO TWO CONTRACTS: 1. MUL TI -JURISDICTIONAL NETWORK ORGANIZATION (MJNO) 2. GRANT CONSULTANT (c) (d) APPOINTMENTS: · GALE NELSON TO SENIOR ADVISORY BOARD (FILL UNEXPIRED TERM) · DONNA BAYSINGER TO POLICE CIVIL SERVICE COMMISSION (FILL UNEXPIRED TERM) SHORT-TERM INVESTMENT AUTHORIZATION (e) Motion by Mlinar, second by Peterson to approve the consent agenda. Motion unanimously carried. 5. PUBLIC HEARING - NONE 6. COMMUNICATIONS, REQUESTS AND PETITIONS (a) PRESENTATION BY BECKY FELLING OF MCLEOD COUNTY PUBLIC HEAL TH REGARDING NON-SMOKING ISSUE Becky Felling, McLeod County Public Health, stated she represented the community CITY COUNCIL MINUTES - NOVEMBER 14, 2000 and medical profession. A few years ago she worked on the "no smoking" and tobacco program through the county. She has remained active in the promotion of smoke free environments. Jean Johnson, McLeod County Public Health, gave a presentation on the effects of second-hand smoke from cigarettes, cigars and pipes. She informed the audience that there were over 4,000 chemicals in second-hand smoke, and she gave data to confirm her statement. Johnson noted that only 13% ofthe population smokes. The presenter stated that workers in restaurants and bars have 3% to 6% more exposure to second- hand smoke than other people. Two medical doctors and a registered nurse from the Hutchinson Medical Center acknowledged that tobacco smoke is harmful. They thought other people should not be exposed to this danger, and the government should enact regulations on smoking that is related to public health. These medical professionals cited examples of health problems their patients had as a result of smoking. The Mayor commented on his recent request for public input regarding the smoking issue. He received 221 responses in favor of an ordinance and 12 or 13 were opposed. Torgerson noted that WCCO-TV had picked up on the tobacco issue in Hutchinson and mentioned it on their program the next day after the City Council meeting. The Mayor had talked to five restaurant owners, and three were in favor of an ordinance, while two had no opinion. He thought the response was a mandate from the public to take action. Haugen stated he had talked to friends who smoke, and they would support the no smoking proposal for restaurants. Mlinar reported he had solicited responses, and the responders thought the government should not interfere. Rather, it was up to the restaurant owners to enforce a policy on smoking. Peterson stated she had no disagreement with the restaurant owners making a decision on their own. At first Hoversten didn't think there was a need for more laws. But after he had visited with a restaurant owner, and the individual did not express opposition, Hoversten thought it was time to pass an ordinance for no smoking. Sam Johnson, a student and bus boy at McCormick's, commented that while only 15% of the customers smoke, the smoke floats into the no smoking area. The workers go home smelling of smoke. He did not think this was acceptable to the other people in the restaurant. Adam Lane, a student, stated he was against big tobacco and believed the facts that were being presented. However, he questioned how the smokers would interpret the issue. Lane thought they would be offended by the choice of no smoking, and it should be left to the restaurants to set their own policy. It was noted that HTI provided the smokers an outside area. Bruce Santelman, Country Kitchen, stated he was being beat up as a restaurant owner. He thought the government should be involved in enforcing the law, and he was in favor of a no smoking ordinance. Santelman commented it was not a good situation for the employees. He thought there would be a "smoke free" enforcement 2 CITY COUNCIL MINUTES - NOVEMBER 14, 2000 in all establishments within the next five years. Motion by Mlinar, second by Haugen, to ban smoking in restaurants and to direct the City Attorney to draft an ordinance. Motion unanimously carried. Peterson requested that some options be included in the ordinance. (b) POST OFFICE UPDATE BY CITY ATTORNEY RICHARD SCHIEFFER Schieffer presented a report on the U.S. Postal Services' recent position to keep the new postal facility in the downtown area. The City wanted to obtain inexpensive property and had used the Economic Development Authority to create an area large enough for the post office building. The Hwy. 15 South property was their first choice because it was bare land; however, the Postal Services has committed to the proposed downtown location contingent upon the land being cheaper than the acquisition of the other property and utilities. The EDA has set a public hearing on December II at 4:00 p.m. in the City Center Council Chambers to begin the process 7. UNFINISHED BUSINESS (a) CONSIDERATION OF CONDITIONAL USE PERMIT FOR 18' x40' ADDITION REQUESTED BY TRI-COUNTY WATER CONDITIONING INC. WITH FAVORABLE RECOMMENDATIONS AND WITHOUT FAVORABLE STAFF RECOMMENDATION (DEFERRED OCTOBER 24,2000) Rodeberg stated this property had been added onto once before. He stated the issues were two-fold. First, the area requires a conditional use process and setbacks. The area being recommended for parking is in the City right-of-way, and drainage might be an issue. The building is located only 8' from the trunk highway. Second, Mn/DOT's position is to not take any stand at this time since it is not in the purchase process, but most likely they will purchase the property in the future. The current concern is that the City staff recommended denial, and the Planning Commission recommended approval of a conditional use permit. The property owner's investment is in a damaged building caused by a construction project. The building mayor may not be in existence in five years. Don Hantge, property owner, commented that he had met with Mn/DOT. They were not sure ofthe time frame oftheir project, and the project might not be done in 2006 if funds were unavailable. Therefore, he was advised to proceed at his own discretion. Haugen reported that the Planning Commission looked favorably on the proposed plan. Motion by Mlinar, second by Peterson to approve the conditional use permit and to adopt Resolution No. 11609. Motion unanimously carried. (b) CONSIDERATION OF CHANGE ORDER NO.2 FOR COMPOST OFFICE (DEFERRED OCTOBER 24, 2000) Motion by Peterson, second by Hoversten to defer to the December 12,2000 City Council meeting. Motion unanimously carried. 3 CITY COUNCIL MINUTES - NOVEMBER 14, 2000 8. NEW BUSINESS (a) CONSIDERATION OF AWARDING BID FOR PURCHASE OF LOGS AND CUT WOOD TO DUANE AND SHIRLEY OTTO Motion by Haugen, second by Mlinar to approve and award the bid of $150.00 to Shirley and Duane Otto. Motion unanimously carried. (b) CONSIDERATION OF AMENDMENT TO HUNTER RIDGE SUBDIVISION, SECOND ADDITION Rodeberg reported the project had been delayed for a year. The sewer, water and gravel base would be installed by December 2001, and the wear course would be installed by December 2002. Motion by Peterson, second by Mlinar to approve the amendment. Motion unanimously carried. (c) CONSIDERATION OF WAIVING BUILDING PERMIT FEES FOR FIRE DEPARTMENT BUILDING PERMIT Motion by Peterson, second by Haugen to approve waiving the building permit fees of $149.79 for the foundation and excavation and $100.00 for the moving fee. Motion unanimously carried. (d) CONSIDERATION OF AMENDMENT TO TELEVISION AND RADIO ANTENNA ORDINANCE Julie Wischnack, Director of Building/Planning/Zoning, reported the revised ordinance would prohibit guy wires to be constructed. Also, a co-location requirement was added that was modeled after the League of Minnesota Cities' ordinance. The presenter noted that existing towers would be grandfathered in and normal maintenance allowed. The moratorium that had been in effect for the past six months had been recently removed. Motion by Haugen, second by Mlinar to approve first reading of Ordinance No. 00- 286 and to set the second reading for November 28, 2000. Motion unanimously carried. (e) CONSIDERATION OF PROCEEDING WITH STORM WATER UTILITY Rodeberg informed the City Council of the storm water utility time frame. He stated a mailing would be sent with the November water/sewer bills, and an open house would be held on December 7 from 6:00 to 8:00 p.m. at the City Center. Then an ordinance would be presented for first reading at the December 12 meeting. (f) CONSIDERATION OF CONSULTANT AGREEMENT FOR SW BYPASS The City Engineer reported the City had been working with the County to obtain federal funding for the SW Bypass of Hutchinson that was proposed in the City's Comprehensive Transportation Plan. Funding will most likely be available for 80% of the construction cost within the next five years, but for the first phase a Route Analysis and Environmental Review is needed. Rodeberg stated proposals had been received ranging from $90,000 to $150,000. He recommended that the City and County each pay one-half of the cost for the work and that the City limits its share to 4 CITY COUNCIL MINUTES - NOVEMBER 14, 2000 $50,000. The Engineer stated the City would enter into an agreement at a later time. Motion by Hoversten, second by Peterson to approve the City's shared cost up to $50,000. Motion unanimously carried. (g) CONSIDERATION OF CHANGE ORDER FOR SOUTH AREA TRUNK SEWER, PHASE 2 (LETTING NO.2, PROJECT NO. 00-02) Rodeberg reported the contractor had requested additional compensation due to a change m conditions for the south area trunk sewer project. It was his recommendation that the City agree to pay up to $25,000 for the additional work to complete the improvement according to contract specifications. It was noted that the contractor had agreed to this proposal. Motion by Mlinar, second by Haugen to approve the $25,000 change order. Motion unanimously carried. (h) CONSIDERATION OF APPROVING SUBDIVISION AGREEMENT FOR SECOND ADDITION TO ROLLING MEADOWS Rodeberg reported the developer would pay all the costs for improvements to serve the site with 100% assessment. Motion by Peterson, second by Hoversten to approve the subdivision agreement. Motion unanimously carried. (i) CONSIDERATION OF CONSULTING AGREEMENT FOR SOUTH GRADE ROAD TRUNK SANITARY SEWER IMPROVEMENTS (LETTING NO.5, PROJECT NO. 01-18) The City Engineer reported this project would be budgeted for 2001 and would be paid for by sewer trunk funds. He recommended awarding the consulting work to SEH at a cost not to exceed $7,430 for the preliminary report and $82,890 for completing the design, survey and plans and specifications. Motion by Peterson, second by Haugen to approve SEH as the consultant at the proposed costs. Motion unanimously carried. (j) CONSIDERATION OF ENTERING INTO AIRPORT FUELING SYSTEM AGREEMENT WITH MINNESOTA DEPARTMENT OF TRANSPORTATION It was reported that the current aviation gas fueling system at the airport was malfunctiOning and obsolete. Therefore, it was recommended to replace the fueling system software, hardware and payment interface equipment with current technology. Mn/DOT Aeronautics will reimburse one-half of the proposed $15,000 cost. Motion by Haugen, second by Mlinar to approve the State Aid Agreement and to adopt Resolution No. 11613. Motion unanimously carried. (k) CONSIDERATION OF AWARDING AIRPORT FARM LEASE AGREEMENT FOR 93.5 TILLABLE ACRES Staff recommended to reject all the bids received and to readvertise the farmland. 5 CITY COUNCIL MINUTES - NOVEMBER 14, 2000 Motion by Mlinar, second by Haugen to reject the bids and rebid. Motion unanimously carried. (I) CONSIDERATION OF REMOVING SILVER MAPLE TREES ON BRADFORD, RANDALL AND SHERWOOD STREETS SW City Forester Mark Schnobrich showed overheads of the area in which the Tree Board recommended removing the silver maple trees on Bradford, Randall and Sherwood Streets SW. He reported the trees were planted in the early 1970s, but they were spaced too close together. As a result, the tree branches were not spreading out, and there were surfacing root problems. The roots will cause damage to the curbs over a period of time. In addition, the maples prevent grass from growing due to the large amount of shade they provide. The Forester noted that since Sherwood Street will be reconstructed in 2001, it was recommended to remove every other tree on the boulevard. He suggested that the City begin a tree management plan by budgeting money for future replacement of all the trees. The estimated cost to remove half the trees would be $40,000 to $50,000. It was suggested that the residents in the area be invited to a public hearing regarding this issue. Rodeberg stated the residents in the area were having sanitary sewer problems, and new sanitary sewer would be installed next year. Therefore, he wanted the problem trees removed in conjunction with the improvement project. Motion by Mlinar, second by Peterson to direct the City Forester to give a presentation to the neighborhood and bring a report back to the City Council. Motion unanimously carried. (m) CONSIDERATION OF CHANGE ORDER NO. ONE FOR COMPO STING FACILITY SITE WORK Tim L. Goodman, Project Manager of Earth Tech, informed the City Council that Erickson & Templin Contracting had submitted a change order in the amount of $49,813.00 related to site work at the compo sting site. A demolition fill site was discovered at the location of where the storm water retention pond was to be constructed. In order to meet MPCA requirements, it would be necessary to remove the debris and demolition material in this area, dispose of the material at a certified landfill, and have the contractor provide a liner in the bottom of the pond and on the side slopes. The contractor would also have to place 6 inches of topsoil on the pond side slopes and account for all pipe revisions as necessary. The City Administrator stated the cost would be a local share since the grant had a maximum ceiling. Motion by Peterson, second by Hoversten to approve the change order and for staff to write a letter to the consultant and follow up on the issue. Motion unanimously carried. (n) CONSIDERATION OF CHANGE ORDER NO. ONE FOR SOUTH AREA TRUNK SEWER, PHASE I, PROJECT NO. 00-01, LETTING NO. 01 It was reported that Change Order No.1 was requested by the contractor to modifY the piping between the lift station and Manhole 8. The staff recommended approving the change order in the total amount of$4,703.00. Motion by Hoversten, second by Peterson to approve the change order. Motion unanimously carried. 6 CITY COUNCIL MINUTES - NOVEMBER 14, 2000 9. MISCELLANEOUS (a) COMMUNICATIONS - APPLICATIONS FOR NON-INTOXICATING MALT LIQUOR LICENSE . "ON SALE" - SKY VENTURES, LLC . "OFF SALE" - FREEDOM V ALU CENTER (ERICKSON OIL PRODUCTS) Motion by Mlinar, second by Haugen to approve and issue licenses. Motion unanimously carried. (b) COMMUNICATIONS FROM COUNCIL MEMBER JOHN MLINAR Mlinar made reference to an article from a statewide magazine regarding using volunteers in parks to beautifY the community. (c) COMMUNICATIONS FROM COUNCIL MEMBER DUANE HOVERS TEN Hoversten complimented the City staff on getting the web page upgraded to include pertinent information. (d) COMMUNICATIONS FROM CITY ADMINISTRATOR Plotz requested that the City Council schedule a budget workshop for 4:00 p.m. on November 28. Motion by Peterson, second by Hoversten to approve a budget workshop on November 28. Motion unanimously carried. The City Administrator reminded the Council of the ribbon cutting ceremony and open house beginning at 9:00 a.m. on November 15 for the McLeod County Household Hazardous Waste Facility. Plotz stated Roger Olson, representing the American Legion had contacted him. He was seeking direction from the City regarding serving liquor after midnight on New Year's Eve since it falls on a Sunday. The State Statute states that no intoxicating liquor can be served after 12:00 p.m. Following discussion, the City Attorney was directed to check into the issue. (e) COMMUNICATIONS FROM DIRECTOR RANDY DEVRIES DeVries requested approval for out-of-state travel for Gary Plotz, Doug Johnson, and Randy DeVries. They would leave on December 5 for a four-day trip to Quebec, Canada to review marketing issues related to the bagging facility. The cost for motel, airfare and miscellaneous expenses for the three travelers was estimated at 7 CITY COUNCIL MINUTES - NOVEMBER 14, 2000 $2,500 - $3,000. Motion by Peterson, second by Hoversten to approve out-of-state travel. Motion unanimously carried. (f) COMMUNICATIONS FROM DIRECTOR OF ENGINEERING Rodeberg made reference to traffic problems in the alley located behind Food-N-Fuel and the gate into the alley. He reported the alley was blocked off where the residential property turns into commercial property, but some people cut through the private property. After a survey was mailed, the responses returned were 5 to 5 for leaving the gate in place. He proposed to meet with the neighborhood and obtain a census on what action should be taken. The City Engineer reported that after the water at the dam was lowered, the water has begun to flow over the dam. He has been consulting with the DNR and the City consultant. 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. ADJOURN There being no further business, the meeting adjourned at 7:40 p.m. 8