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01-23-2001 CCM MINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, JANUARY 23, 2001 1. Mayor Torgerson called the meeting to order at 5:30 p.m. with the following members present: Mayor Marlin Torgerson, Jim Haugen, Kay Peterson, and Duane Hoversten. Absent: John Mlinar. Also present: City Administrator Gary D. Plotz, Director of Engineering John Rodeberg, and City Administrator Gary D. Plotz. 2. Pastor Brian Brosz gave the invocation. PRESENTATION OF 20 YEAR RECOGNITION PLAQUE TO MARVIN HAUGEN The Mayor presented Marvin Haugen with a recognition plaque for 20 years of employment with the City of Hutchinson. 3. MINUTES The minutes of the regular meeting of January 9,2001 were approved as presented. 4. CONSENT AGENDA (a) REPORTS OF OFFICERS BOARD AND COMMISSIONS 1. PLANNING COMMISSION MINUTES OF NOVEMBER 21,2000 (b) RESOLUTIONS AND ORDINANCES 1. ORDINANCE NO. 01-289 - ORDINANCE TO ESTABLISH STORM WATER DRAINAGE UTILITY (SECOND READING AND ADOPT) 2. ORDINANCE NO. 01-290 - AN ORDINANCE PROHIBITING EXCESSIVE VEHICLE NOISE, INCLUDING NOISE FROM TRUCKS USING ENGINE RETARDING BRAKES, AND ADOPTING BY REFERENCE MINNESOTA STATUTES, SECTIONS 169.69 AND 169.693 AND MINNESOTA RULES, PARTS 7030.1000 TO 7030.1050 (SECOND READING AND ADOPT) 3. RESOLUTION NO. 11642 - RESOLUTION ESTABLISHING LOCATION FOR TRAFFIC CONTROL DEVICES 4. RESOLUTION NO. 11643 - TRANSFERRING $25,000 FROM GENERAL FUND TO SELF INSURANCE FUND FOR 2000 CITY COUNCIL MINUTES - JANUARY 23,2001 (c) GAMBLING LICENSE FOR MINNESOTA WATERFOWL (MIKE E. MCGINTY, GAMBLING MANAGER) TO BE CONDUCTED AT LAMPLIGHTER LOUNGE (DEFERRED JANUARY 9, 2001) (d) OUT-OF-STATE TRAVEL FOR DICK NAGY TO ATTEND AMERICAN WATER WORKS ASSOCIATION CONFERENCE, MARCH 4-7,2001 (e) TEMPORARY ON-SALE LIQUOR LICENSE FOR GOPHER CAMPFIRE CLUB ON FEBRUARY 23,2001 (f) ACCEPTANCE OF SEH CONSULTING REPORT ON SOUTH GRADE ROAD TRUNK SEWER PROJECT, LETTING NO. 5/PROJECT NO. 01-18 Motion by Peterson, second by Haugen to approve the consent agenda except for items 4- (b )-1, 4-(b )-2 and 4-( c). Motion unanimously carried. Item 4-(b)-1 - Hoversten stated that Ordinance No. 01-289 was scheduled to be effective February 1. He requested that the effective date be delayed until April 1, 2001 because of the current energy costs. Rodeberg responded that the funding was not budgeted at this time, and the required staff had not been hired. Therefore, a delay in the effective date would not affect the households. Motion by Haugen, second by Peterson to amend the effective date from February 1, 2001 to April 1, 2001. Motion unanimously carried. Motion by Haugen, second by Hoversten to approve the second reading and adopt Ordinance No. 01-289. Motion unanimously carried. Item 4-(b)-2 - Peterson stated that Ordinance No. 01-290 should be pulled from the agenda since no action was taken at the last meeting. The City Attorney reported there was no existing ordinance that would address the issue of excessive truck noise caused by jake brakes. He stated the State Statute had an ordinance regarding muffled exhaust, but the issue is noise created by the engine. Rodeberg commented that the ordinance presented was from the League of Minnesota Cities regarding "Vehicle Noise Law Enforced." Motion by Peterson, second by Hoversten to defer to the February 13,2001 City Council meeting. Motion unanimously carried. Item 4-( c) - The City Attorney informed the City Council that he had done a background check on the organization of Minnesota Waterfowl. Skip Quade and Virgil Voigt had 2 CITY COUNCIL MINUTES - JANUARY 23,2001 been listed as references, and they were members of a local affiliated group. He recommended approval of the gambling license based upon his findings. Motion by Hoversten, second by Peterson to approve the gambling license for Minnesota Waterfowl. Motion unanimously carried. 5. PUBLIC HEARING- 6:00P.M. Mayor Torgerson excused himself as Chair of the public hearing and appointed Council Member Peterson to serve as acting chair. Peterson called the hearing to order at 6:00 p.m. and asked the EDA Executive Director Christie Rock and City Attorney Richard 1. Schieffer to update the City Council on the proposed Post Office site. Rock reported that the intent of the redevelopment plan was to retain the United States Post Office in a downtown location. In addition, the EDA wanted to preserve the qualities of the downtown, keep the vibrancy of the present downtown businesses, and assure that the downtown was a safe and secure place. She noted that 11 different sites in the downtown area had been considered, but the proposed site consisting of blocks 6 and 7 met the Post Office's size requirements. Rock further pointed out that there was no soil contamination, and the two lots were not in the flood plain. The proposed site would have high visibility and a good location. It would be both pedestrian friendly and the most economically feasible to relocate the property owners. These two blocks would be redeveloped, cleared and graded for development. Then the United States Postal Services would purchase the bare parcel for its new facility. In closing, she stated that zoning was an important point to consider when doing redevelopment. This area is both a Central Commercial District (C-3) and an Industrial/Commercial District (VC). City Attorney Richard Schieffer stated the legal issues were not as complex as they were in December. He presented two resolutions that were approved by the EDA Board and requested City Council approval. The first resolution established a redevelopment plan in Blocks 6 and 7 of downtown Hutchinson. The second resolution established a redevelopment project in Blocks 6 and 7 of downtown Hutchinson. Schieffer provided the Council with recommendations on how to proceed and stated their action would confirm the findings and conclusions made by the Commission in December 2000. Roger Klemen, owner of Town and Country Glass, stated he owned property in the proposed area. He reported that he had attended a special meeting on December 11, 2000 and expressed opposition to the project. Three individuals spoke in favor of the project at the December meeting, but they were not property owners within the area. Klemen commented that the EDA Board unanimously approved the redevelopment plan and the redevelopment project regardless of the fact that there was opposition stated at the meeting. He did not believe that his opinion was given any recognition. Klemen further 3 CITY COUNCIL MINUTES - JANUARY 23,2001 stated that the City Council was elected to a position in city government to represent the property owners. He had not been contacted regarding the situation with the Post Office, and he thought the property owners should be kept informed. The only information he had received was what he read in the local newspaper. In closing, Klemen reported there was more opposition to the proposed site than just among the affected property owners, and he wanted the City Council to be aware of it. Lorraine Meyer, 45 Jefferson Street SE, stated she had lived in her house for 32 years, and she was not happy to think about moving away from her home. She thought there were other sites that could be utilized. Barb Kreckow, 18 Jefferson Street SE, commented that she had lived at her current address for nine years, and she felt it was a special house. Kreckow liked her house and the location. She stated that because of the potential Post Office development, she couldn't do any remodeling. The sister of Evelyn Germer, 25 Jefferson Street SE, stated Ms. Germer had lived in her home for 40 years and did not want to move. Joe Miscavage, 31 Jefferson Street SE, suggested that the property owners should be provided financial information and other pertinent data. Tim Ulrich, HCDC/EDA Board President, reported he had chaired the meeting held in December. He stated he understood the frustration of the homeowners. However, the HCDC Board could not provide them with dollar amounts at this time since there was a process that must be followed. In closing,Ulrich acknowledged that the HCDC supported this site, and they wanted to maintain the vitality of the downtown by keeping the Post Office in the area. Vi Mayer, President of the Chamber of Commerce, commented that he represented people from all areas of the City. There are many businesses and individuals that do not want to drive to the west end of town to pick up their mail or to send mail. Therefore, there is a consensus that the Post Office must be located in the center of town. It makes sense to have the postal service centralized. Motion by Hoversten, second by Haugen to close the hearing at 6:23 p.m. Motion unanimously carried. Hoversten commented that he had heard what the residents were saying, and he would have the same comments if he lived in the area. He noted that several sites had been suggested, but the Post Office had eliminated them as unacceptable. There is only one downtown site that will meet the requirements. Haugen stated the HCDC had done its homework in looking at sites, and there was a consensus that the Post Office should be in a downtown location. He noted that homes 4 CITY COUNCIL MINUTES - JANUARY 23,2001 had disappeared in the north and south parts of town for various projects. Although the proposed block has some nice homes, the neighborhood will deteriorate with time due to the zoning. Haugen stated he would abstain from voting. A question arose whether there would be a quorum since both the Mayor and Council Member Haugen were abstaining from voting. City Attorney Schieffer stated that there had been a quorum, and one or two votes would pass the motion. Motion by Hoversten, second by Peterson to approve the redevelopment plan and adopt Resolution No. 11648 based upon the EDA's recommendation. Motion carried, with Haugen and Torgerson abstaining from voting. Motion by Hoversten, second by Peterson to approve the redevelopment project and adopt Resolution No. 11649. Motion carried with Haugen and Torgerson abstaining from voting.. Director Christie Rock explained the next stage of the process would be a review of the Post Office appraiser's work. Then the acquisition process would begin when the City would prepare an offer for purchase to the property owner. Once an agreement was reached, the relocation benefits would become effective and the property owners would receive assistance in locating comparable property to purchase. The Mayor called a five-minute recess at 6:32 p.m. 6. COMMUNICATIONS. REQUESTS AND PETITIONS - NONE 7. UNFINISHED BUSINESS (a) CONSIDERATION OF COMPOST BAGGING PROJECT (DEFERRED JANUARY 9,2001) The City Administrator gave a report on the City's bagging project. He stated the City had been working cooperatively with Great River Regional Waste Authority in Cedar Rapids, Iowa for the past two years with the design of the automated compost bagging facility. In January 2000, the City entered into a recycled organics marketing agreement with this company, and Mr. Bob Watson is their marketing department manager. Kenneth B. Merrill, Finance Director, presented a pro-forma analysis regarding the bagging operations. He reported that the estimated annual production of the compost product would be 500,000 bags. The cost per bag was broken down into various categories for a total cost of $0.57 per bag. A 10% sales commission would be charged, which would total approximately $0.05 per bag. The City would receive a profit of $0.10 per bag. 5 CITY COUNCIL MINUTES - JANUARY 23,2001 Motion by Peterson, second by Haugen to approve the estimated annual bag production cost of $0.57 per bag with Bob Watson as the marketer. Motion unanimously carried. 8. NEW BUSINESS (a) CONSIDERATION OF ADOPTING 2001 ANNUAL WAGE ADJUSTMENT POLICY AND RECLASSIFICATIONS Brenda Ewing, Human Resources Coordinator, presented the annual wage adjustment policy and reclassification document. She stated the policy became effective January 1, 2001. Therefore, no further increases would be given to employees during 2001. Motion by Haugen, second by Peterson to approve the policy and adopt Resolution No. 11641. Motion unanimously carried. (b) CONSIDERATION OF FINAL PLAT FOR ROLLING MEADOWS THIRD ADDITION WITH FAVORABLE RECOMMENDATION WITH STAFF RECOMMENDATIONS Motion by Hoversten, second by Peterson to approve the final plat and to adopt Resolution No. 11644. Motion unanimously carried. (c) CONSIDERATION OF CONDITIONAL USE PERMIT FOR WAL-MART STORES AND MURPHY OIL INe. TO CONSTRUCT A GAS STATION WITHIN C-4 ZONING DISTRICT WITH FAVORABLE RECOMMENDATION WITH STAFF RECOMMENDATIONS Motion by Haugen, second by Peterson to approve the conditional use permit and to adopt Resolution No. 11645. Motion unanimously carried. (d) CONSIDERATION OF WETHERELL LEASE OF EDA PROPERTY It was requested that this item be deferred for the EDA to review the lease agreement. Motion by Peterson, second by Hoversten to defer until the EDA had reviewed the lease agreement. Motion unanimously carried. (e) CONSIDERATION OF ADOPTING 2001 LIQUOR FUND, WASTE/ WASTEWATER REFUSE FUND AND CENTRAL GARAGE FUND BUDGETS 6 CITY COUNCIL MINUTES - JANUARY 23,2001 Motion by Hoversten, second by Peterson to approve the budgets and to adopt Resolution No. 11646. Motion unanimously carried. (f) CONSIDERATION OF ADOPTING CAPITAL PROJECTS FUND BUDGET FOR FISCAL YEAR 2001 Motion by Peterson, second by Haugen to approve the budget and to adopt Resolution No. 11647. Motion unanimously carried. (g) CONSIDERATION OF APROVING AMENDMENT TO 2001 GENERAL FUND BUDGET It was requested to add two full-time positions in the 2001 general fund budget. One position would be for a Motor Vehicle Technician that had already been approved. The second position would be for a full-time person as Computer Network Technician. The Finance Director reported that the City of Hutchinson received funding from Hutchinson Utilities for a Computer Network Technician. In return, the City will share with the Utilities the computer services of the new hire technician and Tom Kloss. Therefore, it was requested to amend the 2001 budget to show a fund increase of $40,000 and the additional expense of the position as outlined in a memo. The contribution would fully cover wages and benefits for the new technician position. Motion by Peterson, second by Haugen to approve the budget amendment and the new technician position. Motion unanimously carried. Hoversten commented on the two new positions available on City staff. He moved to amend the motion to give the City Administrator authorization to make available either position to City personnel before filling the positions from outside. Second by Haugen and unanimously carried. (h) CONSIDERATION OF AUTHORIZATION FOR FIRE DEPARTMENT TO ADVERTISE FOR BIDS TO BE RECEIVED ON MAY 14,2001 FOR 1975 SEAGRAVE AERIAL LADDER TRUCK AND 1985 FORD HEAVY RESCUE TRUCK Fire Chief Brad Emans requested authorization to advertise for bids on two fire trucks to be opened on May 14, 2001 at 7:00 p.m. in the Fire Station meeting room. The revenue from the sale of the two vehicles would be applied to the cost of the new platform truck and the new rescue truck. Motion by Peterson, second by Haugen to approve the advertisement for bids. Motion unanimously carried. 7 CITY COUNCIL MINUTES - JANUARY 23,2001 (i) CONSIDERATION OF AWARDING BID ON SALE OF CITY FIRE TRUCK #2337 (1971/1988 PIERCE ARROW) Fire Chief Brad Emans recommended to accept the bid of $25,000 and to award the sale to Great Falls Fire Services Training School in the State of Montana. Motion by Haugen, second by Peterson to accept the bid of $25,000 and award the sale to Great Falls Fire Services Training School. Motion unanimously carried. 9. MISCELLANEOUS (a) COMMUNICATIONS FROM CITY ADMINISTRATOR Plotz recommended that the City Council hold a workshop regarding the budget process for 2002 on Tuesday, February 27 at 4:00 p.m. Motion by Peterson, second by Hoversten to approve a budget workshop on February 27,2001 at 4:00 p.m. Motion unanimously carried. (b) COMMUNICATIONS FROM COUNCIL MEMBER KAY PETERSON Peterson stated there were three openings on the Pioneerland Library System Board. Any interested party should contact Librarian Mary Henke at the public library. Peterson noted that Pioneerland was working on a teleconference system for future meetings so that the out-state representatives would not have to travel to Willmar once a month. (c) COMMUNICATIONS FROM MAYOR MARLIN TORGERSON Torgerson reported that Rosie's Restaurant was the first to volunteer to make her business smoke free on Sundays. 10. CLAIMS. APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS A & B Motion by Haugen, 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 appropriate funds. Motion carried with Hoversten abstaining from voting. 8 CITY COUNCIL MINUTES - JANUARY 23,2001 11. ADJOURN There being no further business, the meeting adjourned at 6:40 p.m. 9