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09-11-2001 CCM CITY COUNCIL AGENDA - SEPTEMBER 11,2001 MINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, SEPTEMBER 11, 2001 CALL TO ORDRR - 5:~O P.M. Mayor Marlin Torgerson called the meeting to order at 5:30 p.m. Members present were Kay Peterson, John Mlinar, Jim Haugen and Duane Hoversten. Also present were Gary Plotz, City Administrator, John Rodeberg, Director of Engineering and Marc Sebora, City Attorney. Mayor Torgerson asked for a moment of silence in lieu of the tragic events in New York City. Kay Peterson requested all citizens fly residential flags at half mast. 2 TNVOCA TTON - In the absence of Rev. Scott Daniels, Vineyard United Methodist Church, the invocation was not delivered. :) MTNlJTRS (a) REGULAR MEETING OF AUGUST 28, 2001 Minutes were approved as presented 4 CONSRNT AGRNDA (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. CHARTER COMMISSION MEETING MINUTES FROM AUGUST 6, 2001 2. HUTCHINSON HOUSING & REDEVELOPMENT AUTHORITY BOARD MEETING MINUTES FROM JULY 17,2001 3. UTILITIES FINANCIAL STATEMENT FROM JULY 2001 4. PIONEERLAND LIBRARY SYSTEM FINANCIAL REPORT FROM JULY 2001 5. HUTCHINSON AIRPORT COMMISSION MEETING MINUTES FROM MAY 14, 2001 6. FIRE DEPARTMENT MONTHLY REPORT FOR AUGUST 2001 7. BUILDING DEPARTMENT MONTHLY REPORT FOR AUGUST 2001 (b) RESOLUTIONS AND ORDINANCES 1 CITY COUNCIL AGENDA - SEPTEMBER 11,2001 1. ORDINANCE NO. 01-297 - AN ORDINANCE AMENDING SECTION 3 RELATING TO THE DEFINITIONS OF LOT REAR AND YARD, REAR (SECOND READING AND ADOPTION) 2. ORDINANCE NO. 01-298 - AN ORDINANCE AMENDING SECTION 8 RELATING TO DRIVEWAY SETBACKS FOR RESIDENTIAL ZONED PROPERTY (SECOND READING AND ADOPTION) 3. RESOLUTION NO. 11784 - A RESOLUTION ESTABLISHING LOCATIONS FOR TRAFFIC CONTROL DEVICES 4. RESOLUTION NO. 11783 - A RESOLUTION TEMPORARILY SUSPENDING PARKING RESTRICTIONS ON WEST SIDE OF JEFFERSON STREET DURING ARTS & CRAFTS FESTIVAL 5. RESOLUTION NO. 11785 - A RESOLUTION SETTING INTEREST RATE FOR 2001 ADOPTED ASSESSMENT ROLLS (c) APPOINTMENT OF JOHN HOULE TO HRA BOARD TO AUGUST 2002 (REPLACING JOHN PORTZ) (d) CONSIDERATION OF SHORT-TERM GAMBLING LICENSES FOR 3M CLUB (e) CONSIDERATION OF APPROVAL OF CHANGE ORDER NO.1, LETTING NO.6, PROJECT NO. 01-19 Item 4(b )4 was pulled for further discussion. Mayor Torgerson suggested the property south of Shopko be used for additional parking. Motion by Mlinar, second by Hoversten to add the property south of Shopko to the Resolution for additional parking. Motion carried unanimously. Motion by Mlinar, second by Peterson, to approve consent agenda. Motion carried unanimously. ') PURI,IC HRARING - 6:00 P.M. - NONE () COMMUNICATIONS, RRQITRSTS AND PRTITIONS 7 UNFINISHRD RUSINRSS (a) CONSIDERATION FOR PURCHASE OF FIRE AND PUBLIC WORKS RADIO COMMUNICATIONS SYSTEMS 2 CITY COUNCIL AGENDA - SEPTEMBER 11,2001 Police Chief Madson presented before the council. Chief Madson explained to the council the issues and failures with the current radio system. Chief Madson further explained that these are two different projects with funding coming from two different areas. Chief Madson described the goals and solutions that these organizations have compiled to accommodate the system that they need. Chief Madson also explained the various systems that would be most usable for the departments within the City. John Mlinar asked if scanners would still have the ability to receive the information. Chief Madson replied that that capability would still remain. Chief Madson went into further explanation as to the specific costs to obtain the appropriate communication systems. He did stress that $12,000 would be lost due to the funds that the City currently receives from the tower revenue. However, over the years it would be considered a wash with the use of the upgraded system and the exceptional customer service that the City would be receiving from the supplier. Chief Madson recommended that the City enter into a partnership with Alpha Wireless as the supplier/manager to operate the UHF trunking system. The benefits of this partnership were presented to the Council. Two issues were presented for action: 1) To approve the purchase of the system, and 2) To approve entering into a partnership with Alpha Wireless. Marc Sebora, City Attorney, noted that the Alpha Wireless agreement meets all the City's requirements. Motion by Mlinar, second by Haugen, to approve the purchase of the public works radio communication systems and enter into agreement with Alpha Wireless. Motion carried unanimously. Mlinar suggested further discussion should be held in regard to the payment of this project. Chief Madson continued on with the second portion of the project which concerns an upgraded system for the fire department. He described to the Council the current system that is being used. With the current system, there is base station interference when other cities are using the radio tower, as well as an inability to talk between hand-held radios if the distance is further than three blocks. The project costs were explained to the Council. Chief Madson suggested an emergency generator be included with this system upgrade. Mayor Torgerson commented that this system is more than 20 years old and should be 3 CITY COUNCIL AGENDA - SEPTEMBER 11,2001 upgraded. Mlinar suggested that there should be further discussion as to the payment of this project. Motion by Peterson, second by Mlinar, to approve the upgraded communication system for the fire department. (b) ORDINANCE NO. 01-299 - AN ORDINANCE AMENDING CHAPTER 6, ENTITLED "OTHER BUSINESS REGULATION AND LICENSING" BY ADDING SECTION 6.50, "PROHIBITING SMOKING IN RESTAURANTS AND LIQUOR ESTABLISHMENTS" (SECOND READING AND ADOPTION) Mayor Torgerson noted that this will be open to public comment due to the nature of the issue. Mayor played a video to the audience that was provided by Blue Cross Blue Shield. Mayor Torgerson commented that this a serious issue for all involved. Kay Peterson made a statement that the other council members were not aware of the video presented and was not represented by all Council members. Jean Johnson, private citizen, presented before the council. Ms. Johnson thanked the Council for all of the research they have done in regard to this serious health issue. She explained that various citizens would be presenting health-related stories to the council. Denise Ertl, McLeod County Public Health, reminded the council of the economic data they had received in regard to the non-effect of financial hardship to Duluth businesses after the ban was put in place, rather net sales have increased. Cindy Sandberg, private citizen, presented before the council. Ms. Sandberg explained to the Council how smoking and second-hand smoke has effected her immediate family. She pleaded with the Council to not underestimate the danger of smoking or second-hand smoke. She stressed the impact second-hand smoke has on the teenagers that work in the food industry that are not smoke-free. Ronda Hart, private citizen, presented before the council. Ms. Hart presented to the council the destruction that smoking had done to her mother. Ms. Hart commented on all of the public places that currently do not allow smoking (movie theater, sporting events, etc.) and how this does not seem to effect the number of people that attend these events. Dr. Catherine McGinnis presented on the serious health effects that second-hand smoke presents, especially to pregnant women. Dr. McGinnis commented that passing this ordinance may lower the health care costs within the community. She urged the council to be proactive and be a leader among other cities. 4 CITY COUNCIL AGENDA - SEPTEMBER 11,2001 Paul Veck, teenage worker at McCormick's Restaurant, presented before the council. He explained to the council the impact that second-hand smoke has on him while he is at work. Jean Johnson spoke on behalf of Bobbi Cogley, waitress at McCormick's Restaurant. Ms. Cogley wanted to express the impact that second-hand smoke has on her while at work as well. Becky Felling, private citizen and Director of McLeod County Public Health, presented before the council. Ms. Felling presented that approximately $3 million per year is spent in Hutchinson on health-related issues due to smoking and second-hand smoke. Kevin Johnson, private citizen, presented before the council. Mr. Johnson shared personal issues that had evolved due to smoking and second-hand smoke. He stressed that he does not want to see the local businesses fail, however this is a health issue for the workers that are employed in these establishments. Michael Kamrath, student at Hutchinson High School, expressed that he is in favor of the ordinance. Bruce Eckhart, teacher at Hutchinson High School, presented before the Council. He gave visual examples of the effects of smoking and second-hand smoke. He stressed that the children in the community need the council to protect them from these health issues. Gail Plaisance, Hutch Bowl, presented before the council. Mr. Plaisance thanked the council for meeting with the business owners last week. He also stressed that the majority of his customers agree that it should be the business owner's right to decide to be smoke-free within the establishment. Mr. Plaisance explained that he is going to be smoke-free on Sundays and evaluate how this effects his business. Mr. Plaisance also spoke on behalf of Jay Landreville, Lamplighter Bar & Grill, who has also stated that he will also be smoke-free one night out of the week during the dinner hour. Bob Gehlen, past President of Elks Lodge, member of American Legion, presented before the Council. Mr. Gehlen reviewed the information that was presented to the Council at last week's Special City Council Meeting by the local business owners. Mr. Gehlen requested that the Council consider options in regard to the ordinance and not just postpone the action. Mr. Gehlen presented the number of businesses that will be effected by this ordinance and who are also very concerned with this issue. Mr. Gehlen also gave examples of the estimated loss of revenue that businesses may be effected with if their business should decline due to the smoking ordinance. If the smoking ordinance is defeated, he recommended that a sign ordinance be adopted that would consist of red, yellow and green indicators that would be posted by the door of each restaurant. Red: no smoking allowed in the establishment, Yellow: both smoking & non-smoking allowed, Green: smoking allowed throughout the establishment. Mr. Gehlen asked that the Council consider various options. Mayor Torgerson addressed that the only paid tobacco lobbyist was Jeremy Hanson who 5 CITY COUNCIL AGENDA - SEPTEMBER 11,2001 attended one city council meeting. Also, he noted that there are only 10 non-smoking restaurants in town and that there are 28+ restaurants within the community. Becky Walradth, private citizen, presented before the council. Ms. Walradth explained that both of her parents died of smoking-related matters and she is a previous smoker. Ms. Walradth is against the smoking ordinance. She feels that the decision should be made by the business owner. Ms. Walradth requested that this be put on an election ballot for a public vote. Mayor Torgerson explained that the city is not able to place it on an election ballot due to the legal process. Judy Olson, private citizen, presented before the council. She explained to the council the health-related issues she has grown up due to second-hand smoke. She expressed her constitutional right to life and the pursuit of happiness. She related these issues to drinking and driving and and how the government made the decision that it is unlawful to drink and drive. She pleaded with the council to protect her rights. Matt Woelfel, Country Kitchen, presented before the council. Mr. Woelfel reminded the council of the research he had presented to them at last week's special meeting. The Country Kitchen in Duluth had lost 15% of their revenue after the smoking ban was put in place. Mr. Woelfel expressed that he feels this is a state issue and they should make the ultimate decision. A pause was taken to change video tape. The meeting presumed at 7:20 p.m. Tim Vigil, private citizen, presented before the council. Mr. Vigil explained that he works at the hospital and is presented every day with people that want to do as much as they can without getting hurt and will push their limits. He put faith in the council to make the "right decision". Roger Olson, elected official of American Legion, member of VFW and Elks Lodge, presented before the Council. Mr. Olson expressed that he had learned as a commander that "you let the people guide you and tell you what to do". He noted that in his many travels, people have commented on what a great city Hutchinson is. Mr. Olson has concerns as to the number of conventions that will not come to Hutchinson if there is a smoking ban. He explained that 168 requests were made to the American Legion for funding. Mr. Olson repeated the vast amount of money that is donated to the youth organizations throughout the community from the three clubs in Hutchinson. Norma Elrott, private citizen, commended the VFW, American Legion and the Elks Lodge and the donations that they contribute to the youth organizations. However, she expressed the concern she has about the environment these funds are comprised in. 6 CITY COUNCIL AGENDA - SEPTEMBER 11,2001 Jerry Block, private citizen, presented before the Council. Mr. Block commented on the conventions that would not be held in the City of Hutchinson if there is a non-smoking ordinance. He also commented on all of the other health issues that exist in workplaces (i.e. carbon monoxide, pollution, etc.) and that smoke-filled rooms are only one of many hazards. Mayor Torgerson noted that he had received feedback that some citizens believe his mind is already made up. He commented that this is simply not true. He also noted that he received a phone call from a councilmember in Cloquet that received so much "heat" in regard to the smoking ban issue that their council had considered, that she resigned from the council. Mayor Torgerson explained that the council operates for the people. A citizen presented this issue to them, so they considered it. Mayor Torgerson made the comment whether or not this is "worth it" in regard to the turmoil that it is causing. John Mlinar asked if anyone else in the audience wanted to be heard. A concerned citizen approached the council. She explained that she was just released from the hospital due to cancer treatments and her husband was a chronic smoker. However, she feels it should be the individual business owner's choice on how to operate their business. Mayor Torgerson noted that all citizen's comments are very well taken. The mayor also noted that he had suggested to the restaurants to go smoke-free and only one took action. Councilmember Hoversten commented that he would like to work this out as a community so that there are no "losers". He stated that he is in favor of a smoke-free community. However, his concern is how the City can accomplish this. He asked the restaurant owners to work with the council and be smoke-free on certain days and times. This would then be re-evaluated to see the effects it had on the local businesses. Kay Peterson commented that she had voted against the first reading of this ordinance, but not due to the fact that this is not a serious health issue. She commented that at this time smoking is not legal and if it was illegal, she may change her mind. She feels it is not her place to tell businesses how to operate. John Mlinar commented that there is no doubt that smoking effects health, however it is evident that this issue can tear a city apart. Mr. Mlinar commended Bruce Eckhart on his presentation to the council. Mr. Mlinar feels that this is definitely a health issue. He feels that the Council has not appropriately addressed the contents of the ordinance presented. He agrees that they have thoroughly reviewed the information that was presented to them, both by the citizens and by the business owners. However, this ordinance may need to be revised. He believes that it would not be fair to all involved to pass this ordinance as presented. Jim Haugen agrees that this is a health issue for the city of Hutchinson. He thanked everyone that called and educated the city on all aspects. Mr. Haugen agreed that he would like to see Hutchinson be smoke-free, however the issue is how to get there. 7 CITY COUNCIL AGENDA - SEPTEMBER 11,2001 Motion by Mlinar, second by Peterson, to reject the ordinance in its present form. Duane Hoversten agreed that the ordinance should be reviewed and needs some changes. Mr. Mlinar commented that it may be viewed as an injustice to the non-smokers of the community if this ordinance is rejected. However, he feels that due to the fact that the businesses are willing to work with the council on alternatives, they should be granted that opportunity. Motion carried unanimously. Mayor Torgerson noted that he, as well as the other council members, have been inundated with phone calls in regard to this issue. He suggested the public put together a petition and place it on the November ballot in regard to a smoke-free Hutchinson to see what the outcome would be. Duane Hoversten requested that he have the opportunity to meet with all business owners to move in the direction of a smoke-free Hutchinson. Marc Sebora, City Attorney, explained the procedure to pass a petition and gave information on initiatives and referendums. Based on this information, it would not be possible for a petition to be placed on the November ballot. Mayor Torgerson apologized for the misinformation he gave in regard to putting this item on the November ballot. 8. NRW RlJSTNRSS (a) CONSIDERATION OF RESOLUTION NO. 11786 - SETTING 2002 PRELIMINARY TAX LEVY FOR CITY OF HUTCHINSON Ken Merrill, Finance Director, presented that this is the maximum amount that can be set for 2002. With this amount, there would be an excess in the general fund, therefore this levy could be reduced. Motion by Peterson, second by Hoversten, to approve Resolution No. 11786 setting 2002 preliminary tax levy for the City of Hutchinson. John Mlinar clarified that this would be the maximum amount to be levied. Mr. Mlinar commented that it has been difficult to reduce the amount once a levy has been set. A roll call was taken for approval: Haugen - I, Mlinar - nay, Peterson - I, Hoversten - I, Torgerson - I. Motion carried 4 to 1. CONSIDERATION OF RESOLUTION NO. 11787 - SETTING 2002 PRELIMINARY TAX LEVY FOR SPECIAL TAXING DISTRICT HUTCHINSON REDEVELOPMENT AUTHORITY Ken Merrill noted that this is preliminary and that the City Council will be meeting with the 8 CITY COUNCIL AGENDA - SEPTEMBER 11,2001 HRA Board to review the final numbers. Motion by Peterson, second by Haugen, to approve Resolution No. 11787 setting the 2002 preliminary tax levy for special taxing district Hutchinson Redevelopment Authority. Motion carried unanimously. John Mlinar questioned the amount from last year. Ken Merrill explained the percentage increase for this year is 18%. This can also be reduced. (c) CONSIDERATION OF SETTING BUDGET WORKSHOPS Ken Merrill requested the Council set one longer meeting in addition to the Council Workshops. Duane Hoversten requested that one longer meeting be set initially and then finish the budget meetings as work shops. John Rodeberg, Director of EngineeringIPublic Works, commented that the directors within the city would need 7 - 10 days to prepare to meet with the Council for a longer session. Motion by Mlinar, second by Haugen, to schedule a budget workshop for September 28, 2001, at 9:30 a.ill. Motion carried unanimously. 9. MTSCRLLANRons (a) COMMUNICATIONS Jim Haugen - Mr. Haugen commented that a workshop should be scheduled with the restaurant owners to work out the issues of the smoke-free days and times. He suggested that the restaurant establishments coordinate the days to be the same amongst them to lessen the confusion for the public. John Mlinar - Mr. Mlinar urged the council and the public to keep communicating. Duane Hoversten - Mr. Hoversten noted that he felt that tonight was a prime example of how good government can work. Gary Plotz - Mr. Plotz asked the public to pass on any comments that they may have in regard to the service of Waste Management. John Rodeberg - Mr. Rodeberg noted that the fountain on the Crow River has not been in operation due to the fact that it has been "sucking up mud" and basically knocked itself out of operation. The fountain does need to be turned offwhen the water is so low. Mr. Plotz also noted that at the work shop earlier today, discussion was held in regard to a new liquor store location. Future meetings will be held in regard to this issue. Also, discussion was 9 CITY COUNCIL AGENDA - SEPTEMBER 11,2001 held in regard to the various products that will be bagged at the compost facility. There was an update on the event center by the Park, Recreation and Community Education Director. The last item that was discussed was the paving of the parking lot at Oak Heights Covenant Church. Mayor Torgerson stated that the Hutchinson Ministerial Association will be holding praryer services Wednesday, September 12,2001, at the local churches in regard to the tragic events that happened today. 10. CLATMSr APPROPRTA TTONS AND CONTRACT PA YMRNTS (a) VERIFIED CLAIMS A Motion by Peterson, second by Mlinar, with Hoversten abstaining, to approve and authorize payment of Verified Claims A from appropriate funds (b) VERIFIED CLAIMS B Motion by Haugen, second by Peterson to approve and authorize payment of Verified Claims B from appropriate funds 11. ADJOURN With no other business to discuss, the meeting adjourned at 8:20 p.m. 10