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02-27-2001 CCM MINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, FEBRUARY 27,2001 1. CALL TO ORDER 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: Gary Plotz, City Administrator, Marc Sebora, City Attorney, and John Rodeberg, Director of Engineering/Public Works. 2. INVOCATION - The Rev. Fredrick Macden of the Maranatha House of Prayer gave the mvocatlOn. 3. MINUTES REGULAR MEETING OF FEBRUARY 13,2001 Minutes were approved as presented. 4. CONSENT AGENDA (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. PLANNING COMMISSION MINUTES OF JANUARY 16,2001 2. HOSPITAL BOARD MINUTES OF JANUARY 16,2001 3. FINANCIAL REPORT FOR JANUARY 2001 (b) RESOLUTIONS AND ORDINANCES 1. 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 ADOPTION) 2. RESOLUTION NO. 11661 - RESOLUTION FOR PURCHASE SHORT - TERM GAMBLING LICENSE: .:. MCLEOD COUNTY DUCKS UNLIMITED, WOMEN'S CHAPTER 261, ON MAY 4,2001 .:. 3M CLUB OF HUTCHINSON ON APRIL 28,2001 (c) (d) (e) (f) OUT- OF- STATE TRAVEL FOR SGT. CHUCK JONES TO ATLANTA, GA ON MARCH 13-14, 2001, AND SGT. CHUCK JONES AND INVESTIGATOR MICHELLE HAMMOND-JOHNSON TO KNOXVILLE, TN ON NOVEMBER 5- 9, 2001, AND INVESTIGATOR CHRIS DOBRATZ AND INVESTIGATOR SCOTT SCHUETTE TO AURORA, CO AUTHORIZATION FOR INVESTMENTS BY FINANCE DIRECTOR PLANNING COMMISSION: 1. CONDITIONAL USE PERMIT FOR PORTABLE SIGN AT 1200 ADAMS STREET SE AS REQUESTED BY KNIGHTS OF COLUMBUS FOR ANNUAL FISH FRY WITH FAVORABLE RECOMMENDATION AND WITH STAFF RECOMMENDATION (ADOPT RESOLUTION NO. 11664) CITY COUNCIL MINUTES - FEBRUARY 27, 2001 2. VARIANCE TO REDUCE SIDE YARD SETBACK FROM 6' TO 5.5' FOR CONSTRUCTION OF STAIRWAY FROM SECOND LEVEL TO GROUND LEVEL AS REQUESTED BY LARRY AND SUE GILMER (561 GROVE STREET SW) WITH UNFAVORABLE RECOMMENDATION AND FAVORABLE STAFF RECOMMENDATION (DENIED) (ADOPT RESOLUTION NO. 11665) 3. VARIANCE FOR HEIGHT INCREASE FROM 16' TO 18.5' FOR CONSTRUCTION OF TWO-CAR GARAGE AS REQUESTED BY COLIN AND KARI MCGRAW (536 HASSAN STREET SE) WITH FAVORABLE RECOMMENDATION AND STAFF RECOMMENDATION (ADOPT RESOLUTION NO. 11666) 1 4. CONDITIONAL USE PERMIT FOR HUTCHINSON PUBLIC SCHOOLS (PARK ELEMENTARY, 33 GROVE STREET SW) TO CONSTRUCT A 13,600 SQ. FT. PARKING LOT FOR USE OF SCHOOL'S VEHICLES FOR DISABLED PERSONS (TABLED FOR SPECIAL MEETING) 5. CONDITIONAL USE PERMIT TO RELOCATE FUNERAL HOME TO ECHO DRIVE AND HWY. 15 SOUTH AS REQUESTED BY DOBRA TZ- HANTGE FUNERAL CHAPEL WITH FAVORABLE RECOMMENDATION WITH STAFF RECOMMENDATION (ADOPT RESOLUTION NO. 11667) (g) LIQUOR LICENSE RENEWALS: BAVARIAN HAUS (WINE/STRONG BEER) APPLEBEE'S NEIGHBORHOOD GRILL/BAR BEST WESTERNNICTORIAN INN FL YER'S/HI-TOPS BAR & GRILL GOLD COIN, INe. LAMPLIGHTER LOUNGE II MAIN STREET SPORTS BAR CLUB ON-SALE: AMERICAN LEGION POST 96 CROW RIVER COUNTRY CLUB ELKS LODGE 2427 VFW POST 906 Motionby Peterson, Second by Mlinar to approve the consent agenda. Motion carried unanimously. PRESENTATION OF CITY WEBSITE Ken Merrill, Finance Director led a presentation of the City of Hutchinson website. Steve Gasser of Vivid Images, site designer, and Judy Otto, Data Entry Technician, who updates the site were also present. Mr. Merrill reviewed the functions and features of the City site. There is a search function for most categories including the City Council and Planning Commission meeting minutes. Other features include the Home Page, Meet the City Officials, Commissions and Boards, Water/Sewer/Refuse, Police Services, Community Calendar, Contact the City, and relevant Links. The "Contact the City" feature allows the City to interact with residents and other site users. 2 CITY COUNCIL MINUTES - FEBRUARY 27, 2001 Additional proposed features will include a link to Hutchinson Utilities and a feature for the City Planning/Zoning/Building department. Steve Madson, Police Chief, presented the Police Services home page. A featured current event on the site is the upcoming appearance of officer Amy Kilian and the department canine unit dog on an Animal Planet show on March 17, 2001. Other features on the site include Recruitment, Policing Activities, Neighborhood Crime Stats, Questions & Answers, and Most Wanted listings. The addresses for the sites are www.ci.hutchinson.mn.us and www.hutchinsonpolice.com. respectively. Concilmember Hoversten encouraged the public to contact the City via the website. Mayor Torgerson noted that the public library is a resource for internet access. 5. PUBLIC HEARING - 6:00 P.M. (a) LETTING NO.3, PROJECT NOS. 01-05, 01-06, 01-09, 01-13, 01-14, 01-15, 01-16 Mayor Torgerson read Publication No. 6574 dated February 13, 2001, and regarding the lettmg and projects. John Rodeberg, Director of Engineering/Public Works explained the improvement project and assessment process, includmg the public hearings that are held during this process. Shady Ridge Road Proiect Mr, Rodeberg presented information regarding the plans for the Shady Ridge Road project. He noted the street, water and sewer, and drainage improvements planned for the project area. Mr. Rodeberg also discussed the estimated costs for the project and how the costs are proposed to be divided amongst the affected lots - on a per lot basis. He also noted that the estimated cost figures presented at the neighborhood meetings were correct, and the estimates noted in the public hearing handout do not reflect the proposed 65% cost assessment. Mr. John Lietz, 719 Shady Ridge Road NW, questioned why the costs presented at this meeting are higher that those at the neighborhood meetings. Mr. Rodeberg reiterated that the information in the public hearing handout was reported higher, in error. Mr. Bob Cady, 709 Shady Ridge Road NW, questioned if the drainage problems on his lot would be addressed. He noted previous problems with garage flooding. Mr. Sam Colvin, 735 Shady Ridge Road NW, noted that his lot is the low point in the area. He is concerned about the drainage after the project and where the water in the area will be diverted. He asked that the City take a look at the drainage plan at the south end catch basin. Mr. Rodeberg responded that there is no cost efficient way for the City to obtain easements or to construct improvements in this area for a new storm sewer line. He noted that the culverts that have been installed recently should be able to address Mr. Colvin's and the general drainage issues in the area. Griffin Street Proiect 3 CITY COUNCIL MINUTES - FEBRUARY 27, 2001 Mr. Rodeberg explained the project. There were no comments from the audience. Century Avenue SW Proiect Mr. Rodeberg outlined the project. The street to be constructed will be a concrete street. The main property owners to be assessed are the Hutchinson Mall and other owners in Padens Addition. Mr. Rodeberg explained how the properties are proposed to be assessed. Other owners in the area will also be assessed for the sidewalk project. There were no comments from the audience. Motion by Mlinar, second by Haugen to close the hearing. Motion unanimously carried. Motion by Haugen, second by Mlinarto approve and adopt Resolutions No. 11662 and No. 11663. Motion unanimously carried. 6. COMMUNICATIONS. REQUESTS AND PETITIONS (a) CONSIDERATION OF REQUEST FROM HUTCHINSON AREA HEALTH CARE TO USE CITY PROPERTY DURING CITY-WIDE MEDALLION HUNT Motion by Peterson, second by Haugen to approve the request. Motion unanimously carried. 7. UNFINISHED BUSINESS - NONE 8. NEW BUSINESS (a) CONSIDERATION OF SENIOR DINING AGREEMENT WITH AUGUSTANA LUTHERAN HOMES This item had been discussed at a previous meeting, but no action taken. There was an item that needed further attentiOn prior to the action. Motion by Mlinar, second by Peterson to approve and enter into the agreement with Augustana Homes. Motion carried unanimously. (b) CONSIDERATION OF CITY OF HUTCHINSON AND MCLEOD COUNTY TRANSIT ISSUES FORMAL LETTER OF UNDERSTANDING This agreement is similar to the agreement adopted and effective in 2000. There are minor revisions updating the agreement that addresses transit service issues. Motionby Peterson, second by Hoversten to approve and adopt the letter of understanding. Motion carried unanimously. ( c) CONSIDERATION OF SETTING BOARD OF REVIEW MEETING FOR MAY 8, 2001 AT 4:30 P.M. This date is a conflict because a regular Council meeting is scheduled for the same evening. Gary Plotz, City Administrator noted that the City may request from or recommend to the County an alternate date for the Board of Review. 4 CITY COUNCIL MINUTES - FEBRUARY 27, 2001 John Mlinar moved to recommend Tuesday, May 1,2001, at 4:30 p.m. to the County for the Board of Review. Second by Haugen. The motion carried unanimously. There was further discussion about recommending a second alternate date if May 1 is not an option for the County. Motion by Mlinar, second by Haugen to recommend the alternate date of May 7, 2001, at 4:30 p.m. to the County for the Board of Review meeting if the May 1 date is not an option. Motion unanimously carried. (d) CONSIDERATION OF APPROVAL OF CAPITAL PLAN FOR 2001-2005 Ken Merrill, Finance Director, presented the CIP to the Council. He noted that the plan allows the City to identifY the capital items we need and the revenue sources for them. He added that adoption of the plan does not approve the purchases of the items in the plan. This is addressed dunng the budget process each year. Ifthis plan is approved, the directors will begin working on the 2002 - 2006 plan document. Motion by Hoversten, second by Mlinar to approve the Capital Plan for 2001 - 2005. Councilmember Mlinar commented that the plan is an excellent tool for the City to assist in planning. Councilmember Hoversten also stated that this is an extensive document and a good tool for the City to get a handle on finances. The motion was unanimously approved. (d) CONSIDERATION OF SETTING MEETING WITH RESTAURANT OWNERS FOR MARCH 5, 2001 AT 4:00 P.M. IN CITY CENTER TO DISCUSS NO- SMOKING ISSUE Mayor Torgerson noted that the restaurant owners have been notified of this tentative meeting. The results of a survey regarding the non-smoking issue will be discussed at the meeting. Motion by Haugen, second by Mlinar to approve the meeting date of March 5, 2001. The motion was unanimously approved. (f) CONSIDERATION OF APPROVING FEE SCHEDULES (POLICY NO. 2.22) FOR CITY OF HUTCHINSON HANDBOOK Julie Wischnack infc?rmed the Council of the proposed fee changes scheduled for 2001. This is the 3r year of a scheduled 10% per year increase in building permit fees. Motion by Mlinar, second by Haugen to approve the fee schedules in Policy 2.22 of the City of Hutchinson Policy Handbook. The motion unanimously carried. (g) CONSIDERATION OF ADOPTING POLICY FOR WAIVING OF FEES Julie Wi schnack presented a draft policy for the waiving of various permit fees. Mayor Torgerson read the draft policy that addresses the waiving of fees for City departments. Councilmember Mlinar noted that the City has waived fees for the City departments in the past. He inquired if the City has researched this issue with the other entities 5 CITY COUNCIL MINUTES - FEBRUARY 27, 2001 regarding how this may affect them. Ms. Wischnack noted that by adopting the policy, the City would be setting a policy that does not allow the City to waive fees for various groups, specifically non-profits, in the future. We have previously on a case-by-base basis, waived fees for groups such as Habitiat for Humanity. Mr. Rodeberg noted that this action was not consistent and possibly could pose legal issues for the City. The draft policy allows the City to simply address this matter. Motion by Hoversten, second by Peterson to approve the policy. The motion unanimously carried. (h) CONSIDERATION OF REQUEST FROM HUTCHINSON AREA HEALTH CARE TO PURCHASE PHYSICIAN BILLING AND PRACTICE MANAGEMENT SYSTEM Motion by Mlinar, second by Hoversten to approve the request. The motion was unanimously approved. 9. MISCELLANEOUS (a) COMMUNICATIONS Marc Sebora, City Attorney - Weatherall agreement. The first draft is under review. A completed draft is expected by next meeting. John Mlinar- The City emergency services recently received a grant for the safety/fire training center. The City should look at forwarding a to Senator Ness and Representative Dille to thank them for their efforts on behalf of the City. (b) RESOLUTION NO. 11668 ACCEPTING THE BID AND AWARDING THE CONTRACT FOR LETTING NO. 7/PROJECT NO. 01-20 John Rodeberg explained that this is regarding the installation of a Building Energy Management System (EMS) at the HATS facility. A $25,000 grant from Hutch Utilities is earmarked for this project. MNDOT's estimate for project was $20,000. The difference in the estimate and the bids may be due to a clarification that the parts for the project are to be purchased separately. This could result in approximately a $16,000 difference in cost per the bid. Motion by Mlinar, second by Peterson to accept the bid from Northern Air Corp of Little Canada, MN, in the amount of$34,230.00, contingent upon Mn/DOT approval and verification of additional funding. The motion carried unanimously. Motion by Mlinar, second by Haugen to approve the minutes of the bid opening of February 26,2001, regarding this letting and project. The motion unanimously carried. 6 CITY COUNCIL MINUTES - FEBRUARY 27, 2001 COMMUNICATIONS CONTINUED Kay Peterson - The Library Board advertised for representatives to the Pinoeerland Board. Two people replied. The Library Board recommended at their meeting last evening to appoint Rev. Herman Hannemann and Roger Hibma to the Pioneerland Board. One additional representative is still needed. The public was encouraged to send in their name to Kay Peterson or Gary Plotz at City Center if interested in serving. Motion by Peterson, second by Haugen to approve the recommendations or Herman Hannemann and Roger Hibma to the Pinoeerland Board. Motion carried unanimously. Gary Plotz, City Administrator - Mr. Plotz updated the Council on the kickoff for the public information program for the dual collection program. A special mailing will go out in the utility bills in the near future. It is anticipated that the containers will be delivered to residents the last week in March. The Visionary workshop with the Council and directors was held on February 22. Additional meetings will need to be scheduled to complete the second half of the agenda and to address other issues that were raised at the workshop. It was requested that the Council consider two dates for these meetings. Motion by Peterson, second by Mlinar, to set a meeting for Thursday, March 8, 2001, at 3:00 p.m. in the Council Chambers. The motion unanimously carried. Motion by Peterson, second by Hoversten to set a tentative second meeting date for Wednesday, March 21,2001, at 1:00 p.m. at City Center. Motion was unanimously approved. John Mlinar requested that the Council schedule workshops prior to the Council Meeting to address smaller, singular issues. Mlinar moved and Haugen seconded a motion to set a tentative workshop for Tuesday, March 13,2001, at 4:00 p.m. at City Center, prior to the Council Meeting. The subject matter will be determined at a later date. Motion unanimously approved. 10. CLAIMS. APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS A & B Verified Claims A Motion by Hoversten, second by Peterson to approve Verified Claims A and 7 CITY COUNCIL MINUTES - FEBRUARY 27, 2001 authorized payment from appropriate funds. Motion unanimously approved. Verified Claims B Motion by Mlinar, second by Haugen to approve Verified Claims B and authorize payment from appropriate funds. The motion carried unanimously with Hoversten abstaining. 11. ADJOURN The meeting adjourned 6:50 p.m. 8