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08-28-2001 CCM MINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, AUGUST 28, 2001 1. CALL TO ORDER- 5:30 P.M. Mayor Torgerson called the meeting to order at 5:30 p.m. Councilmembers Jim Haugen, John Mlinar, Kay Peterson and Duane Hoversten were present. Also present were Gary Plotz, City Administrator, John Rodeberg, Director of Engineering/Public Works and Marc Sebora, City Attorney. 2. INVOCATION - Rev. Sam Grozdanov, Shalom Baptist Church, delivered the invocation. 3. MINUTES (a) REGULAR MEETING OF AUGUST 14,2001 (b) BID OPENING OF AUGUST 22, 2001 FOR POLYMER FEED SYSTEM Gary Plotz, City Administrator, explained that this polymer feed system is for the Wastewater Treatment Facility. The current system is 15 years old and is in constant need of repair. Haugen questioned if the City could accept only one bid. Marc Sebora explained that it is acceptable when all proper actions have been taken to solicit bids. Motion by Peterson, second by Haugen, to approve minutes as presented 4. CONSENT AGENDA (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. PARKS, RECREATION & COMMUNITY EDUCATION ADVISORY BOARD MINUTES FROM JULY 5,2001 2. PIONEERLAND LIBRARY SYSTEM BOARD MINUTES FROM JUNE 21, 2001 3. HUTCHINSON POLICE COMMISSION MINUTES FROM JUNE 25, 2001 4. HUTCHINSON POLICE COMMISSION MINUTES FROM MARCH 27,2001 5. HUTCHINSON AREA HEALTH CARE BOARD MEETING MINUTES FROM JULY 17,2001 6. HUTCHINSON AREA HEALTH CARE FINANCIAL REPORT FOR JULY, 2001 7. CITY OF HUTCHINSON FINANCIAL REPORT FOR JULY, 2001 8. CITY OF HUTCHINSON REPORT ON INVESTMENTS FOR JULY, 2001 9. HUTCHINSON PLANNING COMMISSION MINUTES FROM JULY 17,2001 (b) RESOLUTIONS AND ORDINANCES 1. RESOLUTION NO. 11778 - A RESOLUTION AMENDING CITY OF HUTCHINSON RESOLUTION NO. 11757 2. RESOLUTION NO. 11780 - A RESOLUTION ESTABLISHING INCOME GUIDELINES AND ASSET LIMITATIONS FOR SENIOR CITIZENS 3. RESOLUTION NO. 11781-RESOLUTIONTO SELL AT AUCTION UNCLAIMED PROPERTY CITY COUNCIL MINUTES - AUGUST 28, 2001 (c) PLANNING COMMISSION ITEMS 1. CONSIDERATION OF A VARIANCE TO REDUCE THE FRONT YARD SETBACK FROM 25' TO A 0' SETBACK AND A CONDITIONAL USE PERMIT TO CONSTRUCT A GARAGE LARGER THAN 1,000 SQUARE FEET AS REQUESTED BY MICHAEL SCHLUETER, 405 MONROE ST WITH DENIAL RECOMMENDED BY THE PLANNING COMMISSION (ADOPT RESOLUTION NO. 11775) 2. CONSIDERATION OF A VARIANCE TO REDUCE THE REQUIRED BOUNDARY SETBACK FOR THE PLACEMENT OF MANUFACTURED HOMES AS REQUESTED BY JEFF MUNSELL, COUNTRY CLUB TERRACE, 448 CALIFORNIA STREET NW WITH FAVORABLE RECOMMENDATION AND STAFF RECOMMENDATION (ADOPT RESOLUTION NO. 11774) 3. CONSIDERATION OF A VARIANCE TO REDUCE THE REQUIRED FRONT AND SIDE YARD SETBACK FOR THE LOT-SPLIT AT PLAZA 15 AS REQUESTED BY THE CITY OF HUTCHINSON WITH FAVORABLE RECOMMENDATION AND STAFF RECOMMENDATION (ADOPT RESOLUTION NO. 11776) (d) APPOINTMENTS TO PARK & RECREATION/COMMUNITY EDUCATION ADVISORY BOARD 1. JAY BEYTIEN - REAPPOINTMENT TO YEAR 2004 2. BERNIE MINER - REAPPOINTMENT TO YEAR 2004 3. PEGGY WESTLUND - FILLING VACANCY TO YEAR 2004 4. CLAIRE LENZ - NEW APPOINTMENT TO YEAR 2004 ( e) CONSIDERATION OF ACCEPTING BIDS FOR SECURITY SYSTEM UPGRADES AT HUTCHINSON AREA HEALTH CARE (f) CONSIDERATION OF ACCEPTING BID AND AWARDING CONTRACT TO VESSCO INC. FOR PURCHASE OF POLYMER FEED SYSTEM Item 4(b) 1 - Julie Wischnack, Director of Planning/Zoning/ Building updated the Council on the changes made to the resolution regarding the annexation issues. Boundaries have changed in the immediate annexation areas with the removal of 12.2 acres. Ms. Wischnack also explained some concerns that the City has if Hennen's Furniture does not develop in the immediate future. There are considerable costs that will be incurred for water and utility hook ups in order for development in that area. Concerns mainly relate to who would incur those costs. This issue may be covered in a development agreement with a future developer. Mayor Torgerson's opinion was that a developer would need to pay up front costs and that it would not be the taxpayer's responsibility to cover these costs. Motion by Mlinar, second by Peterson, to approve consent agenda. Motion carried unanimously. 5. PUBLIC HEARING- 6:00 P.M. (a) REVIEW THE RE-SUBMISSION OF THE FRANKLIN-GROVE NEIGHBORHOOD SMALL CITIES REHAB GRANT APPLICATION Jean Ward, HRA Executive Director, presented a Power Point presentation on the re- submission of the grant application. This presentation will be included with the minutes in the next City Council packet. Mayor Torgerson asked ifthere were any members of the audience that wished to be heard. 2 CITY COUNCIL MINUTES - AUGUST 28, 2001 Duane Hoversten noted that the last Small Cities Development Project was a huge success and this would greatly benefit the residents of this area. Mary, resident from the area, questioned whether or not property taxes would raise after improvements were made. Jean Ward explained that Minnesota statute ("This Old House") provides for exemption from the property tax for all or a portion of the value of improvements made to homes 35 years of age or older. This law is effective for improvements made through January 2, 2003. Ms. Brown, resident ofthe area, stated this would very much help her with improvements to her home. Motion by Mlinar, second by Peterson, to close public hearing. Motion carried unanimously. Mlinar asked what had changed that this grant needs to be re-submitted. Jean Ward explained that the first application was denied by only 2.5 points. The HRA obtained more leverage funds from rural development and from First Federal. Because they were so close the first time, it was recommended to them to reapply again. Motion by Mlinar, second by Haugen, to approve the Franklin-Grove Neighborhood Small Cities Grant Application. Motion carried unanimously. With the approval of this grant application, Resolution No. 11782 was adopted. 6. COMMUNICATIONS. REQUESTS AND PETITIONS (a) REQUEST TO BE HEARD FROM JUDY OLSON REGARDING THE DENIAL OF THE SALE OF EGGS TO MINORS BY LOCAL GROCERY STORES Judy Olson, citizen of Hutchinson, explained that she had sent her children to two local grocery stores to purchase eggs and they were denied due to an agreement between the police department and the grocery stores to not allow the sale of eggs to minors. Ms. Olson feels that this is a poor mechanism to use to control vandalism with children. Ms. Olson suggested that the City Council look at alternatives to control vandalism, such as rewards to kids that will inform the police department of other kids that are taking part in such activities. She requested that a policy be put in place to adopt disciplinary actions in regards to vandalism. Mayor Torgerson noted that "egging" vandalism has reduced in the last few years and that the Council will look at the issue and may be able to become more lenient. 7. UNFINISHED BUSINESS (a) CONSIDERATION OF ALTERNATIVES TO THE SALE OF THE 1975 SEAGRAVE LADDER TRUCK Marc Sebora, City Attorney, stated that the City ofWinsted has agreed to purchase the above mentioned truck for $100 and for a 5-year agreement under certain criteria established by the City. The Council was provided with a copy of a purchase agreement the Mr. Sebora had created. Stipulations required by the City are that the City ofWinsted maintain the truck in good operating condition, that they will make the truck available to the City of Hutchinson if needed in mutual aid situations and if the City ofWinsted does not comply with the required conditions, the truck would be returned to the City of Hutchinson upon immediate demand. Mlinar commented that this is a very good use of tax dollars. Hoversten commented that he has been informed that the City of Winsted is very excited about this purchase. Motion by Mlinar, second by Hoversten, with Peterson abstaining, to approve the sale ofthe 1975 Seagrave Ladder Truck to the City ofWinsted. Motion carried unanimously. 3 CITY COUNCIL MINUTES - AUGUST 28, 2001 8. NEW BUSINESS (a) CONSIDERATION OF PURCHASING A 1997 MACK DUMP TRUCK Mr. Rodeberg explained that staff has researched various options to purchase an updated dump truck. Based on recommendations, a 1997 Mack RD690S chassis was chosen. Motion by Haugen, second by Peterson, to approve the purchase of a 1997 Mack dump truck. Motion carried unanimously. (b) CONSIDERATION FOR PURCHASE OF FIRE AND PUBLIC WORKS RADIO COMMUNICATIONS SYSTEMS Motion by Hoversten, second by Mlinar, to table this item until a future meeting. Motion carried unanimously. (c) CONSIDERATION OF RESOLUTION NO. 11779 AWARDING BIDS FOR 2001 GENERAL OBLIGATION IMPROVEMENT BONDS Steve Ehlers, Ehlers & Associates, explained that these general improvement bonds are sold each year for water, sewer, street projects. Moody's Investor Service has reconfirmed the A3 rating for the City. Seven bids were received with US Bank/Piper Jaffrey having the lowest bid. Mr. Ehlers noted that obtaining 10-year money at 4 1;2 % is very good. This resolution needs to be passed and then Ehlers will notify the bidder of the award. Motion by Hoversten, second by Peterson, to approve Resolution No. 11779. Motion carried unanimously. (d) CONSIDERATION OF ORDINANCE NO. 01-299 AMENDING CHAPTER 6, ENTITLED "OTHER BUSINESS REGULATION AND LICENSING" BY ADDING SECTION 6.50, "PROHIBITING SMOKING IN RESTAURANTS AND LIQUOR ESTABLISHMENTS" (WAIVE FIRST READING AND SET SECOND READING AND ADOPTION FOR SEPTEMBER 11, 2001) Gary Plotz explained background information regarding smoking restrictions in restaurants. In Spring 2001, Marc Sebora, City Attorney, was asked to draft an ordinance regarding smoking restrictions in restaurants. At that time the Council asked for further research before an ordinance adoption. Mr. Plotz explained that a survey had been sent out to local restaurants regarding smoking restrictions. Mr. Plotz reviewed the survey results with the Council. Further research was done on how to present the proposed restrictions to the city. The League of Minnesota Cities informed the City that the City Council cannot delegate the adoption of an ordinance to the city at large. Per legal research that was conducted, the Council would first need to either reject or accept the ordinance and then have it presented to citizens. Marc Sebora noted that several meetings were held in the past with restaurant owners. Sebora's interpretation was that restaurant owners would not necessarily be against restrictions as long as it was uniform amongst local establishments. Sebora explained that the ordinance presented would prohibit smoking in local restaurants with the exception of clubs. He also explained that penalties would be served to restaurant owners if smoking was allowed and/or if they provided smoking accessories (i.e. matches, ashtrays). Gail Plaisance, owner of Hutch Bowl, expressed that he feels "hurt" in regards to the ordinance proposed. No notification was sent to those affected in regards to this agenda item. Mr. Plaisance suggested having restaurant owners sit down again with the Council and work out the details of the ordinance so that it can meet everybody's needs. He requested only the people effected be present (Councilmembers and restaurant owners, not smoke- free coalition members). Mr. Mlinar explained that this is only the first reading and no final action will be made 4 CITY COUNCIL MINUTES - AUGUST 28, 2001 tonight. Mr. Plaisance feels that this ordinance may in effect have to make business owners close their doors due to financial problems. Mayor Torgerson stated that in a previous conversation he had with Mr. Plaisance, it was stated that the ordinance would effect restaurants and not Mr. Plaisance's business due to the fact that his business was not categorized as a restaurant. Things have changed and now Mr. Plaisance's business would be in the restaurant category. Mr. Plaisance feels that it is possible his establishment could also be classified as a private club. Jean Johnson, McLeod County Public Health, presented some information on second-hand smoke. Information on illnesses, cancer and disease in relation to second-hand smoke was presented. Jeremy Hanson, MN Smoke Free Coalition, handed out a packet of information to the Council titled, "Economic Benefits of Smoke-Free Ordinances". Mr. Hanson presented that this information illustrates that smoke- free ordinances do not harm businesses, but actually increases business. Adam Ling, student at HHS, voiced that as a young adult working at a smoking-allowed restaurant, it does effect him. He stated that he agreed that the restaurant owners and councilmembers definitely should work together on the ordinance. He wanted it to be known that young people do appreciate the concern of city officials in regards to this issue. Judy Olson, concerned citizen, stated that she has asthma and is unable to frequent some establishments due to the extreme second-hand smoke that is present. She also noted that her husband obtained health problems due to second-hand smoke. Hoversten commented that he has done extensive research on this issue. He does have concern on how it will effect the small business owners. He has met with some restaurant owners and they have brainstormed the impact of such an ordinance. Mr. Hoversten voiced that this is a serious health concern and the questions need to be answered as to whether or not the city should do something. Kay Peterson noted that she feels it is not her decision as a city official to tell a local business how to run their establishment. Jay Landreville, Lamplighter Lounge, stated that at an earlier meeting he was under the understanding that it was decided that the ordinance would effect all restaurants and not exclude clubs. His concern was that this ordinance excludes clubs and would hurt his business after a certain hour. Jerry Messner, concerned citizen, stressed the responsibility of the local government. He proposed an example of desegregation and the fact that the government had to make the decision to allow African Americans the same rights as White Americans. Evelyn Swanson, concerned citizen, commented on the Duluth ordinance and the fact that it was revised and updated to meet needs of work places within the community. She asked the council if this will effect all work places. Mayor Torgerson stated the council will look at this situation. Becky Felling, citizen of Hutchinson and Public Health nurse, spoke in addition to Mr. Messner's comments in regards to government making the final decision to keep the air clean for all citizens. Denise Sertell (sp.), McLeod County Public Health, noted that the County adopted a policy on restrictions as to where smokers could smoke outside their work building. She stated that this policy went into effect with no ill effects. Matt W oefel, Country Kitchen, spoke before the council stating that the restaurant owners do not want to offend non-smokers nor smokers. He requested that the owners and Council 5 CITY COUNCIL MINUTES - AUGUST 28, 2001 work together on this issue. Judy Olson made the comment that people that smoke amongst other non-smokers do harm other people in the area and it is a serious health issue and that smokers need to be accountable of their actions to other people. Hoversten asked Marc Sebora if a first reading was adopted can changes be made before the second reading. Mr. Sebora stated if more restrictions are added a third reading may be needed. If the ordinance becomes more lenient a second reading should suffice. Hoversten was concerned with children in the workplace. He feels that the ordinance should possibly include work places and not just bars/restaurants. Mr. Sebora stated that a third meeting would definitely be needed to accomplish these changes. Mr. Haugen stated that an additional meeting should be held with business owners in regards to the ordinance before the next reading. Jay Landreville commented that if work places were going to be considered, it should be considered now and not at a later date. There was discussion as to how many work places there may be in the community that currently restrict smoking. Motion by Hoversten, second by Mlinar, to approve first reading of Ordinance No. 01-299 and set second reading for September 11, 2001 with a meeting with business owners to be held before the second reading. When vote for motion was held, Councilmember Peterson voted nay. Roll call was taken with the following results: Haugen - I, Mlinar- I, Peterson- nay, Hoversten - I, Torgerson - I. Motion carried 4 to 1. Pause for tape change. Meeting called back to order at 7:05 p.m. (e) CONSIDERATION OF AUTHORIZING STAFF TO SOLICIT BIDS FOR SALE OF FOUR INVESSEL COMPO STING BINS WITH SYSTEM CONTROLS Motion by Mlinar, second by Haugen, to approve. Motion carried unanimously. (f) CONSIDERATION OF ENTERING INTO AGREEMENT WITH THE STATE OF MINNESOTA FOR A $1 MILLION DOLLAR GRANT FOR EVENT/COMMUNITY CENTER Mr. Schieffer, City Attorney, presented on the grant contract with the State of MN. Mr. Schieffer stated the history of this grant and the fact that last March the Council had voted unanimously to allow Mayor Torgerson and City Administrator Plotz to sign the grant agreement with the State of Minnesota. There were some errors in language in the original agreement presented by the state that Dolf Moon, Director PRCE, and Mr. Schieffer had requested be changed. Those changes were made, however the errors were not removed. Mr. Schieffer and Mr. Moon will have a meeting with the State of MN to obtain a new agreement with all required changes. Mr. Schieffer noted that the changes are very minor and that there should be no delay with the Wold Architect contract. Once the appropriate changes are made, proper signature will be obtained by Mayor Torgerson and Mr. Plotz and will be sent into the State of Minnesota. (g) CONSIDERATION OF ENTERING INTO AGREEMENT WITH WOLD ARCHITECTS AND ENGINEERS TO SUPPL Y ARCHITECTURAL SERVICES FOR EVENT/COMMUNITY CENTER Motion by Hoversten, second by Haugen, to approve entering into agreement with Wold Architects to supply architectural services for event/community center. Motion carried 6 CITY COUNCIL MINUTES - AUGUST 28, 2001 unanimously. (h) CONSIDERATION OF ORDINANCE NO. 01-297 AMENDING SECTION 3 RELATING TO THE DEFINITIONS OF LOT REAR AND YARD, REAR (WAIVE FIRST READING AND SET SECOND READING AND ADOPTION FOR SEPTEMBER 11, 2001) Mr. Rodeberg explained that the changes are clarifications with the definitions. Motion by Haugen, second by Mlinar, to approve first reading of Ordinance No. 01-297. Motion carried unanimously. (i) CONSIDERATIONOF ORDINANCE NO. 01-298 AMENDING SECTION 8 RELATING TO DRIVEWAY SETBACKS FOR RESIDENTIAL ZONED PROPERTY (WAIVE FIRST READING AND SET SECOND READING AND ADOPTION FOR SEPTEMBER 11, 2001) Mr. Rodeberg explained this amendment allows older driveways to be 3' from the property line if they are already 3' from the property line. There was concern by staff over all the variances that would need to be issued for these older driveways to meet the 5' requirement and was much easier to make the amendment to this ordinance. Motion by Haugen, second by Peterson, to approve first reading of Ordinance No. 01-298. Motion carried unanimously. (j) CONSIDERATION TO PURCHASE AIRPORT WHEEL LOADER WITH SNOW REMOVAL EQUIPMENT FROM ST. JOSEPH EQUIPMENT, INC. Mr. Rodeberg noted that this is the actual purchase from the Airport Improvement Fund agreement that was approved. Motion by Hoversten, second by Peterson, to approve purchase of airport wheel loader with snow removal equipment. Motion carried unanimously. 9. MISCELLANEOUS (a) COMMUNICATIONS Haugen - Mr. Haugen thanked all of the citizens that were in attendance tonight regarding the smoke free ordinance. Mlinar - Mr. Mlinar requested that a meeting be scheduled with restaurant/club owners for 7 :00 p.m. on Thursday September 6,2001 Motion by Mlinar, second by Haugen to schedule meeting with restaurant/club owners for Thursday September 6,2001 at 7:00 p.m. Motion carried unanimously. Hoversten - Mr. Hoversten thanked the community for contacting councilmembers by phone and in person with issues. He stressed that it is greatly appreciated. Plotz - Mr. Plotz explained that there was a Budget Workshop earlier that day. He requested that an additional Workshop be scheduled for September 11, 2001 at4:00 p.m. to further review the budget. Hoversten explained that due to so many legislative changes, it is very hard to determine what numbers will be available and agreed that another workshop should be held. Motion by Peterson, second by Mlinar to set a budget workshop for September 11,2001, at 4:00 p.m. Rodeberg - Mr. Rodeberg stated that most major work has been done on School Road and the project should be complete by the end of the week (weather permitting). There is a project occurring on South Grade Road that hopes to be completed by next week as well. 7 CITY COUNCIL MINUTES - AUGUST 28, 2001 Mayor Torgerson commented that the road improvements that have occurred the past two weeks are a prime example that a third site needs to be looked at for a bypass. Mr. Rodeberg stated that work is being done on locating a third site. Mayor Torgerson commended John and his staff on the projects that were completed this season. 10. CLAIMS. APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS A Motion by Peterson, second by Haugen, to approve and authorize payment of V erified Claims A from appropriate funds. Motion carried unanimously. 11. ADJOURN With no further business to discuss, the meeting adjourned at 7:25 p.m. 8