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11-28-2000 CCM MINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, NOVEMBER 28, 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 Duane Hoversten. Absent: Council Member Kay Peterson. Also present: City Administrator Gary D. Plotz, City Engineer John Rodeberg and City Attorney Marc A. Sebora. 2. Pastor Randy Chrissis gave the invocation. PRESENTATION OF 2000 SAFETY AWARD TO HUTCHINSON WASTEWATER TREATMENT FACILITY BY JERRY LEGARDE, CHAIR OF CENTRAL STATES WATER ENVIRONMENT ASSOCIATION Jerry LeGarde, Chair of the Central States Water Environment Association, presented the City of Hutchinson with the 2000 Safety Award plaque from the Central States Water Environment Association for promoting an active and effective safety program. Randy Starke, former Safety Chair, accepted the plaque on behalf of the City's Wastewater Department. 3. MINUTES The minutes of the regular meeting of November 14,2000 were approved as amended. 4. CONSENT AGENDA (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. PLANNING COMMISSION MINUTES OF OCTOBER 17, 2000 (b) RESOLUTIONS AND ORDINANCES 1. ORDINANCE NO. 00-286 - AN ORDINANCE AMENDING SECTIONS 3 AND 10.08 OF THE HUTCHINSON CITY CODE REGARDING TELEVISION AND RADIO ANTENNA (SECOND READING AND ADOPT) 2. RESOLUTION NO. 11619 - TRANSFERRING $25,000 FROM 1998 IMPROVEMENT DEBT SERVICE FUND TO SPECIAL ASSESSMENT DEBT SERVICE BONDS AND TRANSFERRING $17,700 FROM GENERAL OBLIGATION FIRE HALL DEBT SERVICE FUND TO GENERAL OBLIGATION DEBT SERVICE FUNDS 3. RESOLUTION NO. 11620 - TRANSFERRING FUNDS FROM THE GENERAL FUND, ECONOMIC LOAN, ENERGY LOAN, 1980, 1990 AND 1992 TAX INCREMENT DEBT SERVICE FOR 1998, TO HUTCHINSON COMMUNITY DEVELOPMENT (EDA) FUND 4. RESOLUTION NO. 11621- TRANSFERRING $200,200 FROM WATER SEWER & REFUSE FUND TO 1994 IMPROVEMENT BONDS, 1995 IMPROVEMENT BONDS AND GENERAL FUND 5. RESOLUTION NO. 11622-TRANSFERRING$251,000FROMLIQUOR FUND TO GENERAL FUND (c) PLANNING COMMISSION: 1. VARIANCE AND LOT SPLIT FOR RECONFIGURATION OF CITY COUNCIL MINUTES - NOVEMBER 28, 2000 EXISTING LOTS TO PROVIDE FOR ACCESS (216/218 5TH AVENUE NE) AS REQUESTED BY ROBERT AND SHIRLEY BOWEN WITH FAVORABLE RECOMMENDATION WITH STAFF RECOMMENDATIONS (ADOPT RESOLUTION NO. 11616) 2. VARIANCE AND LOT SPLIT FOR CONSTRUCTION OF TWIN-HOME (LOT 2, BLOCK 3 OF WALNUT RIDGE ESTATES) EXCEEDING 35% MAXIMUM LOT COVERAGE AS REQUESTED BY PAUL BETKER WITH FAVORABLE RECOMMENDATION WITH STAFF RECOMMENDATIONS (ADOPT RESOLUTION NO. 11617) 3. VARIANCE TO REDUCE REQUIRED SETBACK FOR CONSTRUCTION OF GARAGE ADDITION (705 MAIN STREET S.) AS REQUESTED BY DARREL AND SHARON HOOSLINE WITH FAVORABLE RECOMMENDATION WITH STAFF RECOMMENDATIONS (ADOPT RESOLUTION NO. 11618) 4. REZONING FROM INDUSTRIAL TO R-2 (MEDIUM DENSITY RESIDENTIAL) AS REQUESTED BY BARBARA AND GLEN FIELD WITH FAVORABLE RECOMMENDATION WITH STAFF RECOMMENDATIONS (FIRST READING OF ORDINANCE NO. 00-287 AND SET SECOND READING) (d) OUT-OF-STATE TRAVEL FOR DIRECTOR OF ENGINEERING/PUBLIC WORKS TO ATTEND NATIONAL CONFERENCE IN WASHINGTON, DC JANUARY 6-11, 2001 (e) FINANCIAL REPORT FROM FINANCE DIRECTOR (f) AUTHORIZATION FOR INVESTMENTS Motion by Mlinar, second by Hoversten to approve the consent agenda except for items 4- (b)-I, 4-(b)-3, 4-(c)-1 and 4-(c)-3. Motion unanimously carried. Item 4-(b )-1 - It was requested to defer the second reading of Ordinance No. 00-286 to the December 12,2000 City Council meeting. Item 4-(b )-3 - Hoversten requested an explanation of the fund transfer in Resolution No. 11620. The City Administrator explained that the Resolution pertained to the fund transfer of$106,000 to EDA for calendar year 2000. Motion by Mlinar, second by Hoversten to approve and adopt Resolution No. 11620. Motion unanimously carried. Item 4-( c )-1 - Planning/Zoning Director Julie Wischnack informed the Council that Robert and Shirley Bowen had requested a lot split and variance to allow an adjustment to the lot line for property located south of Fifth Avenue NE and north of State Hwy. 7. She further stated the property was originally split into its present configuration approximately 20 years ago. Since the property is located in an R-2 zoning district, it would require a minimum lot width of 70 feet. Wischnack also reported that the driveway on Parcel B accessed Hwy. 7, and it was likely that the planned improvement for Hwy. 7 in 2006 would remove the driveway. She noted there was adequate parking spaces for the residences. However, 2 CITY COUNCIL MINUTES - NOVEMBER 28, 2000 the property had a steep slope from Hwy. 7 to the north while the area near 5th Avenue was flat. The variance would make the lot width of Parcel B more conforming. In conclusion, Wischnack stated the neighbors were opposed to the lot split with a variance because of the driveway issue. The lot would be 20 feet wide with only one location for a driveway. She reported the Planning Commission and City staff had approved the recommendation for a lot split with a variance subject to designated conditions. Connie Anderson, 465 Bluff Street, expressed her concerns about a long driveway going across Fifth Street that would affect three parcels of property. Also, she thought snow removal would be a problem since there was no place to put it. Anderson noted that other neighbors had stated their viewpoint at the Planning Commission meeting. She stated that gravel gets on her lawn during the winter that has to be cleaned up in the spring. Wischnack commented that it was better to have a non-conforming situation than what presently existed. She stated that a conforming location of 70 feet would still be non- conforming and five feet from the property line. Motion by Hoversten, second by Haugen to approve the variance and lot split as requested and to adopt Resolution No. 11616 with the stated conditions. Motion unammously carried. Item 4-( c )-3 - It was reported that the owners, Darrel and Sharon Hoosline, had requested a variance to construct an attached garage that was 17'9" from the right of way. The City staff had concerns about the proposed driveway location and recommended the garage doors face the alley and the entrance be from the alley. Because this property was close to a major roadway (7th Avenue and Hwy. 15/Main Street), traffic issues were a concern. Rodeberg stated the Police Chief had expressed a safety issue concern that large vehicles would be across the sidewalk and only a few feet from the alley. He noted the Planning Commission had recommended approval without addressing that issue, and the City Engineer thought it should be left in to keep access off the alley. He had no problem with either location. Applicant Darrel Hoosline, 705 Main Street S., commented that the neighbors had a concern about getting into the garage during the winter months as well as snow concerns. Haugen reported that the Planning Commission had agreed the best route was to back into the alley. The decision was left to the applicant, but there are other areas where people back into the street. The Planning/Zoning Director suggested either moving the garage doors to the alley side or moving the garage back 20 feet as a compromise. Motion by Mlinar, second by Hoversten to approve the garage portion ofthe addition should be a limit of 20 feet from the sidewalk area and to adopt Resolution No. 11618. Motion unanimously carried. 5. PUBLIC HEARING - NONE 6. COMMUNICATIONS, REQUESTS AND PETITIONS - NONE 7. UNFINISHED BUSINESS - NONE 8. NEW BUSINESS 3 CITY COUNCIL MINUTES - NOVEMBER 28, 2000 (a) CONSIDERATION OF SETTING LICENSE FEE FOR MASSAGE SERVICES The City Attorney informed the City Council that there were local establishments in operation without a massage services license. Although a City ordinance was adopted regarding this type of service, no license fee had been adopted. Sebora stated he had reviewed the fee list received from the League of Minnesota Cities, and he recommended that the fee of$150 be set. Motion by Mlinar, second by Haugen to approve the license fee of $150. Motion unanimously carried. (b) 2001 BUDGET UPDATE BY FINANCE DIRECTOR The Finance Director, Kenneth B. Merrill, gave a presentation on the proposed 2001 City budget. He stated that he was working on reducing the budget and tax levy figures. Merrill also noted that the HRA would be classified under a special taxing district for $69,076 with a proposed 10% reduction. Director Merrill further reported that the City's revised preliminary tax levy would be $3,795,600 with a proposed reduction of 4.6%. He stated the 2001 Truth In Taxation Hearing would be held on December 4,2000 at 5:30 p.m. (c) CONSIDERATION OF EMPLOYEE HEALTH AND DENTAL INSURANCE RENEWAL AND PREMIUM INCREASE COST -SHARE PROPOSAL City Administrator Plotz requested this item be deferred to the December 12,2000 City Council meeting. Motion by Mlinar, second by Haugen to table until the December 12, 2000 meeting. Motion unanimously carried. (d) CONSIDERATION OF CONSULTANT AGREEMENTS FOR ENGINEERING SERVICES Rodeberg stated that the City had the option of advertising for proposals on engineering consulting services. However, he recommended the following seven consulting firms for engineering services contracts in their fields of expertise at a "not to exceed figure." . Barr Engineering Company (Minneapolis) . Bolton & Menk, Inc. (Mankato) . Earth Tech (Minneapolis) . Otto Associates (Buffalo) . SEH Consulting (Minnetonka/St. Paul) . SRF Consulting Group (Minnetonka) . TKDA & Associates (St. Paul) The City Engineer noted that a Selection/Interview Committee had used a selection process to choose these seven primary consultants. If approved, they would be given a letter of agreement to cover a designated period of time. Motion by Hoversten, second by Mlinar to approve and proceed with obtaining engineering services contracts. Motion unanimously carried. (e) PRESENTATION OF PROPOSED STORM WATER UTILITY AND MANAGEMENT PROGRAM BY DIRECTOR OF ENGINEERING 4 CITY COUNCIL MINUTES - NOVEMBER 28, 2000 The City Engineer presented the proposed storm water utility and management program. He reported that the initiation would include: (1) a public open house held on December 7 from 6:00 to 8:00 p.m. ; (2) a mailing for the proposed public open house; (3) a Question and Answer handout for the public open house and public hearing; and (4) a public hearing on December 12 at 6:00 p.m. , with first reading of the Storm Water Drainage Utility ordinance. He requested the City Council's approval to implement the four items listed. Motion by Mlinar, second by Hoversten to approve the four requests to proceed with the storm water utility program. Motion unanimously carried. (f) DISCUSSION OF HOLDING DECEMBER 26,2000 CITY COUNCIL MEETING Plotz inquired if the City Council wanted to hold a City Council meeting on December 26 since there would be no Planning Commission meeting in December or any public hearings scheduled. He noted the second reading of an ordinance could be held on January 9, 2001. In addition, the Mayor had the authority to call an emergency meeting if one was needed. Motion by Mlinar, second by Haugen to not hold a second City Council meeting on December 26,2000. Motion unanimously carried. (g) CONSIDERATION OF REQUEST FOR PURCHASE OF VOICE RECORDER SYSTEM FOR POLICE DEPARTMENT The Director of Police/Emergency Management Services requested approval to purchase a replacement voice recorder system from Dictaphone at an approximate cost of $25,000. Motion by Mlinar, second by Hoversten to approve the equipment purchase. Motion unanimously carried. (h) CONSIDERATION OF CIVIC ARENA HEATING SYSTEM REPLACEMENT Director Dolf Moon reported the heating systems in the Civic Arena main rink were installed in 1977 when the building was built. Although the 2004 capital improvement budget included $62,000 for replacement of the heating systems, the units failed prior to that date. Since the repair costs exceeded the value of the units, Moon requested authorization to replace the Civic Arena heating system at an estimated cost of$43,500. It was recommended that the capital improvement budget be used to provide the funding for the radiation heating system with two heaters. Motion by Mlinar, second by Haugen to approve the radiation heating system with two heaters. Motion unanimously carried. 9. MISCELLANEOUS (a) COMMUNICATIONS FROM CITY ATTORNEY The City Attorney commented that since New Year's Eve was on a Sunday, it would create a problem for clubs and restaurants to sell liquor after midnight. He stated an ordinance would allow Sunday liquor license holders to sell intoxicating liquor until 1:00 a.m. on Monday, January 1,2001. However, those establishments without a Sunday liquor license would be prohibited from selling intoxicating liquor after 5 CITY COUNCIL MINUTES - NOVEMBER 28, 2000 12:00 midnight on New Year's Eve. Sebora presented Ordinance No. 00-288 for first reading to establish the extended hours of on-sale liquor sales on New Year's Eve, December 31,2000. Motion by Hoversten, second by Haugen to approve and waive the first reading and set second reading for December 12,2000. Motion unanimously carried. The City Attorney commented on the proposed smoking ordinance. He informed the Council that he was working with the Mitchell College of Law and the League of Minnesota Cities to prepare the Hutchinson ordinance to meet the concerns expressed. Sebora thought he would have a draft copy ready soon. (b) COMMUNICATIONS FROM DIRECTOR OF ENGINEERING Rodeberg presented a draft letter addressed to Earth Tech regarding engineering consulting services. He suggested holding a summit with the firm to review issues and discuss concerns. Motion by Haugen, second by Mlinar to approve the letter and to proceed as recommended. Motion unanimously carried. The City Engineer requested approval of Change Order No.3 for the Municipal Airport, which pertained to aircraft tie-downs. It was reported the total cost would be $7,275, with 80% of the cost paid by Federal funding, for a total City cost of $1,400. Motion by Haugen, second by Mlinar to approve Change Order No.3. Motion unanimously carried. (c) COMMUNICATIONS FROM COUNCIL MEMBER JOHN MLINAR Mlinar commented on the number of youth in attendance at the City Council meeting. He also inquired ifhe was on the Jefferson Street Task Force. Council Member Mlinar inquired about the community center and suggested that a project update be presented at the next City Council meeting. (d) COMMUNICATIONS FROM COUNCIL MEMBER DUANE HOVERS TEN Hoversten commented on the budgeting process and acknowledged he was new to the procedure. He commended the City staff for their good work in cutting costs. (e) COMMUNICATIONS FROM CITY ADMINISTRATOR 6 CITY COUNCIL MINUTES - NOVEMBER 28, 2000 Plotz stated there was work that needed to be finished from today's budget workshop. He suggested setting a workshop for December 12,2000 at 4:00 p.m. Motion by Haugen, second by Hoversten to set a budget workshop on December 12, 2000 at 4:00 p.m. Motion unanimously carried. (f) COMMUNICATIONS FROM MAYOR MARLIN TORGERSON The Mayor made reference to the 800+ communities within the United States that have smoking bans. He would be taking a long look at the issue before a decision was reached. 10. CLAIMS. APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS A & B Motion by Mlinar, second by Haugen 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. ADJOURN There being no further business, the meeting adjourned at 7:03 p.m. 7