Loading...
06-12-2001 CCM MINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, JUNE 12, 2001 1. CALL TO ORDER- 5:30 P.M. Mayor Torgerson called the meeting to order at 5:30 p.m. Council members Jim Haugen, John Mlinar, Kay Peterson and Duane Hoversten were present. Others present were Ken Merrill, Finance Director, John Rodeberg, Director of Engmeering/Public Works, and City Attorneys Marc Sebora and Richard Schieffer. 2. INVOCATION - Rev. Jon Lindekugel of Christ the King Lutheran Church gave the invocation. 3. MINUTES (a) REGULAR MEETING OF MAY 22,2001 (b) MINUTES FROM BID OPENING FOR LETTING NO. 5/PROJECT 01-18 (SOUTH GRADE ROAD) OF JUNE 4, 2001 The minutes were approved as presented. 4. CONSENT AGENDA (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. FIRE DEPARTMENT MONTHLY REPORT FOR MAY 2001 2. HUTCHINSON CHARTER COMMISSION MEETING MINUTES OF MAY 21,2001 3. HUTCHINSON PUBLIC LIBRARY BOARD MEETING MINUTES OF MAY 29, 2001 4. HUTCHINSON UTILITIES STATEMENT OF INCOME & EXPENSE FOR APRIL 30, 2001 5. BUILDING DEPARTMENT MONTHLY REPORT FOR MAY 2001 (b) RESOLUTIONS AND ORDINANCES 1. RESOLUTION NO. 11732 - RESOLUTION ESTABLISHING LOCATION FOR TRAFFIC CONTROL DEVICES (SHILOH ST. NW, CAROLINA PKWY NW, & WALNUT STNE) 2. RESOLUTION NO. 11737 - RESOLUTION FOR PURCHASE OF POLICE SQUAD CARS (2) 3 . CONSIDERATION OF ORDINANCE NO. 01-293 GRANTING THE HUTCHINSON DOWNTOWN ASSOCIATION THE RIGHT TO LOCATE A POPCORN WAGON OVER AND ABOVE CERTAIN PROPERTY LOCATED IN THE LIBRARY SQUARE, IDENTIFIED AS THE LIBRARY AND PARK TRACT BETWEEN BLOCKS 7 AND 8, SOUTH ONE HALF OF THE CITY OF HUTCHINSON (WAIVE SECOND READING AND ADOPT) 4. CONSIDERATION OF ORDINANCE NO. 01-294 GRANTING LINDO MEXICAN RESTAURANT THE RIGHT TO PROVIDE A SIDEWALK CAFE OVER AND ABOVE CERTAIN PROPERTY LOCATED IN PUBLIC RIGHT OF WAY ON SECOND AVENUE SOUTHWEST (WAIVE SECOND READING AND ADOPT) 5. CONSIDERATION OF ORDINANCE NO. 01-295 GRANTING THE COFFEE COMPANY THE RIGHT TO PROVIDE A SIDEWALK CAFE OVER AND ABOVE CITY COUNCIL MINUTES - JUNE 12,2001 CERTAIN PROPERTY LOCATED IN THE PUBLIC RIGHT OF WAY ON 18 MAIN STREET SOUTH (WAIVE SECOND READING AND ADOPT) 6. RESOLUTION NO. 11738 - RESOLUTION PROCLAIMING JUNE 18, 2001, AS ARBOR DAY IN HUTCHINSON (c) APPLICATION FOR ON-SALE INTOXICATING LIQUOR LICENSE FOR APPLE AMERICAN LIMITED PARTNERSHIP OF MINNESOTA DBA APPLEBEE'S NEIGHBORHOOD GRILL & BAR TO CHANGE AN OFFICER AND A DIRECTOR (d) CONSIDERATION OF CHANGE ORDER NO.3 FOR LETTING NO. l/PROJECT NO. 00-01 (e) CONSIDERATION OF CHANGE ORDER NO.4 FOR LETTING NO. l/PROJECT NO. 00-01 Motion by Haugen, second by Mlinar to approve the consent agenda. The motion carried unanimously. 5. PUBLIC HEARING - 6:00 P.M. - NONE 6. COMMUNICATIONS. REQUESTS AND PETITIONS (a) PRESENTATION BY MARY SEEKON AND PAM PERRINE OF THE MCLEOD ALLIANCE FOR VICTIMS OF DOMESTIC VIOLENCE Ms. Pam Perrine, Board Member for the McLeod Alliance for Victims of Domestic Violence, addressed the Council regarding the purpose and functions of the Alliance. Mary Seekon, Alliance Director, also addressed the Council. She explained the special population the organization serves. They deal with crises and other issues that affect those in need. She further explained that the Alliance works in conjunction with other organizations in the City and County to serve their clients. Ms. Seekon noted that the Alliance's budget has been reduced to $195,000 for the coming year and revenue sources have also been depleted. She further noted for the council a number of the Alliance's major budgetary items and existing funding sources. Sixty-seven percent of the budget is made up by donations, grants, etc. The Alliance is asking the City to consider a donation of $12,000 to fund the operations of the Alliance. (b) UPDATE BY DOUG JOHNSON, COMPOST SITE COORDINATOR, REGARDING THE OPERATIONAL STATUS OF CREEKSIDE COMPOSTING FACILITY The compost facility officially received approval from the MPCA on Tuesday, June 5, 2001. The current hours of operation are 9:00 a.m. to 8:00 p.m., Monday through Friday, and Saturdays from 10 a.m. to 7 p.m. The large recycling receptacle is on site and residents can drop items at the site. Garbage transfers have also begun. The facility can be reached by telephone at 320-587-6762. The recent BioCycle tour and the County Recognition tour were big successes for the facility. There has been much interest from outside parties. There will be a public open house featuring guided tours on June 27, 2001, from 1 :00 to 7 :00 p.m. The final product of the facility will be available for viewing at the open house. Mr. Johnson thanked the Council for their support and efforts in making the Compost facility a reality. He also complemented the citizens for their support of the project through their participation in the organics and yard waste program. Mr. Johnson reminded the residents that the brush product that can be accepted in the green organics container is limited to "about the size of the diameter of your finger". Anything 2 CITY COUNCIL MINUTES - JUNE 12,2001 larger should be brought separately by the residents to the facility. The larger brush causes the equipment to clog and could cause damage. Mr. Johnson also noted that the temporary compost site is now closed and the product has been moved to the new facility. Mr. Johnson also reminded the residents of the need to stop by the office via the drive through window to check in when they bring product to the facility. The majority of products brought by McLeod County residents are accepted by the facility free of charge. Directional signs will be posted soon to assist the visitors at the site. The Mayor commented that this is the only facility of this kind in North America. Visitors to the site have come from all over the world. The Mayor extended thanks and appreciation to Mr. Johnson for his work at the facility. (c) REQUEST BY STEVE COOK FOR THE COUNCIL TO CONSIDER THE FOLLOWING: Steve Cook, 720 Juul Road SW, addressed the Council on the following issues: · PUBLIC STATEMENT OF THE PLANS FOR THE TRANSITION FROM ODD TO EVEN YEAR MUNICIPAL ELECTIONS Mr. Cook thanked the Council for their vote to approve the resolution earlier in the meeting regarding the special election in 2001. · COMMUNITY VOTE REGARDING THE USE OF THE PLAZA 15 PROPERTY FOR A COMMUNITY CENTER Mr. Cook asked the Council to consider a vote to determine what the public wants in regards to a Community Center. He spoke to the issue of the Park Elementary structure due to the recent publication of the school district's long range facility plan. He noted that the school's plans do not include the future use of Park as a school. He stated that a community vote could stimulate community discussion regarding this issue. The Mayor asked Mr. Cook what it would cost to renovate the Park structure. Mr. Cook stated the figure of $6 million. The Mayor noted that such a project could require a referendum for the bonding. · ORDINANCE TO CHANGE THE PERCENTAGE FROM 20% TO 10% FOR THE SIGNATURES REQUIRED FOR A PETITION TO INITIATE A REFERENDUM, RECALL OR INITIATIVE PER THE CITY CHARTER Mr. Cook noted that this request is not an attempt to circumvent the vote on the Charter Amendment in 2000 that resulted in setting the percentage at 20%. He wants the voters to have another chance to consider the issue. The Mayor noted that the Charter Commission has the responsibility to review this issue and bring it to the people for a vote if they so decide. Councilmember Hoversten commented that the previous vote to approve the change to 20% was a message from the voters and they have decided that 20% is the appropriate figure. Mr. Cook spoke about the election turnouts and how this affected the percentage of petition signatures required. Mr. Cook stated that the approved change is to have a more stable number to with which to work. Councilmember Peterson questioned how Mr. Cook's request to change the percentage would be viewed by the citizens of the City who voted for the change per Mr. Cook's recommendation. Ms. Peterson further stated that she is not in favor of this request if it does not come through the Charter Commission and because the citizens have spoken 3 CITY COUNCIL MINUTES - JUNE 12,2001 that this is not what they wanted. Councilmember Hoversten noted that considering a few items from the Charter, rather than a comprehensive review of the document, tends to take things out of context. Mr. Hoversten suggested that Mr. Cook take the issues he has regarding the Charter to the Charter Commission for review and possible consideration. Mr. Hoversten questioned why Mr. Cook is signaling out the Community Center Issue. The City has considered two, separate needs studies that identified a community center. He further commented that this issue is a capital project for the City like other projects such as fire trucks, sewer, streets, etc. This issue is not about a specific building, but about serving the citizens. The City has an opportunity to use a $1 million grant for this purpose at a selected site. We have a current option and it is the Council's responsibility to determine what to do. Mr. Mlinar talked about the time the grant option became available. At that time, the time frame for the grant application was not consistent with that of a referendum process. The Mayor stated that he has asked Brad Emans, Fire Chief, to chair a committee to look at the Park Elementary structure and the covenants affecting the use of the property. Councilmember Hoversten will be representing the Council on the committee. There are many questions that need to be answered prior to discussing what the Park structure can be used for. Mr. Cook questioned how he should address the Charter Commission. Mr. Sebora noted that Mr. Cook may attend the Commission's next meeting on June 25, 2001, at 4:00 p.m. Mike Ribich, 1350 Campbell Lane NW, asked the Council to act on the ordinance Mr. Cook proposed regarding the vote on a Community Center. Mr. Schieffer, legal counsel, addressed the Council and stated that he is unclear as to what action Mr. Ribich and Mr. Cook are asking the Council to take. The final documents for the grant for the Community Center are receiving final approval by the state and should be receiving final approval, soon. All ofthe documents submitted state that we have identified a site and have made a commitment to the project. To decide to bring this to a vote of the people would be detrimental to this process. The City would have to officially withdraw the application and subsequently lose the grant funds. Mr. Ribich asked the Council again to vote on the ordinance that Mr. Cook requested. 7. UNFINISHED BUSINESS (a) CONSIDERATION OF RESOLUTION NO. 11739 SETTING A SPECIAL ELECTION TO FILL MAYORAL AND COUNCIL MEMBER VACANCIES The special election is scheduled to be held on Tuesday, November 13,2001. The Mayor read the entire resolution for the benefit of the audience. The terms for the Mayor and Council members elected will be for the one year period beginning on January 1,2002. Motion by Mlinar, second by Haugen to approve and adopt Resolution No. 11739. The motion carried unanimously. 8. NEW BUSINESS (a) CONSIDERATION OF FIRE DEPARTMENT PROPOSED PLAN TO SELL THE 1975 SEAGRAVE LADDER TRUCK Brad Emans, Fire Chief, presented information to the Council regarding the previous efforts of the department to sell the ladder truck. There does not seem to be much interest from fire departments. The fire department is proposing to offer the truck for public sale. 4 CITY COUNCIL MINUTES - JUNE 12,2001 Motion by Hoversten, second by Peterson to approve the fire department proposed plan to sell the 1975 Seagrave ladder truck. The motion carried unanimously. Mr. Emans also commented on his appointment to the committee to review the Park Elementary facility. Mr. Emans noted that he will be looking for unbiased parties - representative from the State Fire marshal's Office, etc. - to serve on the committee, and the Council endorsed this plan. (b) CONSIDERATION OF RESOLUTION NO. 11733 SUPPORTING H.R. 951, THE HOUSING CREDIT AND BOND MODERNIZATION AND FAIRNESS ACT Motion by Mlinar, second by Haugen to approve and adopt Resolution No. 11733. The motion carried unanimously. (c) DISCUSSION OF THE AIRPORT FUELING SYSTEMS CONTROLS Mr. Rodeberg addressed the Council and stated that no action on this item is needed at this time. He noted that the fueling controls at the airport have ceased to work consistently and fuel is required to be pumped manually. Funding for this project is through a 50/50 match with the State. (d) DISCUSSION OF EASEMENT ACQUISITION FOR SOUTH GRADE ROAD TRUNK (LETTING NO.5/PROJECT NO. 01-18) Mr. Rodeberg stated that necessary information was not received from the appraiser for this discussion and requested that the item be referred to the next meeting. Motion by Peterson, second by Haugen to refer the item to the next Council meeting on June 26,2001. (e) CONSIDERATION FOR SETTING A HEARING TO REVIEW LIQUOR LICENSE VIOLATION FOR LAMPLIGHTER FAMILY SPORTS BAR AND GRILL Mr. Sebora informed the Council that the previously scheduled hearing was not previously held for this establishment as their legal counsel was not available to attend. The hearing must be held within specific time frames. Motion by Mlinar, second by Haugen to set the hearing to review liquor license violation for Lamplighter Family Sports Bar and Grill for 1 :00 p.m. on Friday, July 6, 2001. The motion carried unanimously. 9. MISCELLANEOUS (a) COMMUNICATIONS 1. UPDATE ON THE MCLEOD COUNTY REDISTRICTING INFORMATION BY GARY PLOTZ, CITY ADMINISTRATOR Ken Merrill, Finance Director, commented on this item in Mr. Plotz' absence. He noted that several redistricting workshops are being held throughout the State this summer. Anyone interested, staff and Council, may attend. The redistricting deadlines are April 30, 2002. The Mayor talked about options for the City to make minor adjustments to the districts. 2. CONSIDERATION OF RESOLUTION NO. 11740 AUTHORIZING THE ACQUISITION OF REAL PROPERTY FOR PUBLIC UTILITIES PURPOSES Mr. Schieffer presented Resolution No. 11740 for consideration by the Council. The 5 CITY COUNCIL MINUTES - JUNE 12,2001 resolution is in regards to Hutchinson Utilities and the needs for increased power supply and the corresponding transmission lines. The Utilities passed a resolution to construct a power substatiOn and corresponding power line in Hassan Valley Township. Hutchinson Utilities has acquired the property for the substation and is working to obtain easements for the power line. This is a combined project with the County as it is along County Highway 25 and a portion is located in the right-of-way. Easements have been obtained from a number of property owners, but some have not been finalized. Property owners are requesting payments significantly in excess of the appraised value. Hutchinson Utilities may not purchase property and is, therefore, requesting the Council to consider and to approve the resolutiOn and the authorization of eminent domain proceedings. Motion by Mlinar, second by Hoversten to approve Resolution No. 11740. Mr. Haugen questioned why this matter did not require a pubic hearing. Mr. Schieffer noted that this issue has received several public hearings at the Planning Commission level. The motion carried unanimously. 10. CLAIMS. APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS A Motion by Mlinar second by Haugen to approve and authorize the payment of V erified Claims A from appropriate funds with Councilmember Hoversten abstaining. The motion carried unanimously. (b) VERIFIED CLAIMS B Motion by Haugen, second by Hoversten to approve and authorize payment of V erified Claims B from appropriate funds. The motion carried unanimously. Miscellaneous Communications John Mlinar inquired about possible "dead spots" regards to the severe weather warning sirens located in the City. Mr. Rodeberg noted that the City has a sufficient number of sirens and reminded residents that they are not designed to be heard in all indoor locations. They are for those people who are outSide or do not have access to other media. Mr. Mlinar asked Mr. Rodeberg to review the location of sirens near the Craig Avenue area. Mr. Mlinar also encouraged residents to take part in the Water Carnival events and the Music in the Park events. Ken Merrill, Finance Director, reviewed the Leadership team meeting items that were discussed earlier in the day: 1. The Hwy 7 East annexation process was discussed and Mr. Frank Fay was present. After the discussion it was agreed that the attorneys and the mediator should meet to bring a final resolution to the matter. 2. The League of Minnesota Cities Conference will be held in Duluth next week. The City will attempt to organize a meeting with the Hutchinson and Duluth Council members regarding the smoking ordinance issue. Mr. Schieffer spoke to the Highway 7 East annexation issue. A meeting with Mr. Couri, the township attorney, will be held on June 21. The main issues include financing of the utilities. The Mayor questioned what development costs would be incurred by the Township. The township is not incurring costs, but its residents are affected, specifically those located in the 6 CITY COUNCIL MINUTES - JUNE 12,2001 area between the annexation property and the current City boundaries. Mr. Hoversten commented that it is the hope that the meeting of the 21 st can resolve these issues and finalize this process. John Rodeberg informed the Council that City personnel were sent to Litchfield to assist with the storm clean-up. The sump pump inspections are continuing and are going well. The City is receiving consistent questions regarding the need for solid pipe inside the dwellings and winter connections. It should be noted that winter connections are not allowed. A ten-foot, multi-use, bituminous trail is being installed in the Highway 15 South area near South Grade Road. This trail will connect the residential and commercial uses in this area. Steve Cook again addressed the Council. He spoke to the State's involvement with the $1 million grant and stated that he does not believe that the state would look unfavorably at the City if they delay the grant process by putting the Community Center issue to a vote. The Mayor noted that the public needs to have an understanding that this funding could be lost ifthe process is not competed in the near future. 11. ADJOURN With no further business to discuss, the meeting adjourned at 7: 15 p.m. 7