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10-14-2003 CCM MINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, OCTOBER 14, 2003 1. CALL TO ORDER - 5:30 P.M. 2. INVOCATION - Rev. Randy Chrissis, Christ the King Lutheran Church delivered the invocation. 3. PLEDGE OF ALLEGIANCE 4. MINUTES (a) REGULAR MEETING OF SEPTEMBER 23,2003 (b) BID OPENING MINUTES FROM OCTOBER 3, 2003 Minutes were approved as presented. 5. CONSENT AGENDA (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. PIONEERLAND LIBRARY BOARD EXPENDITURE REPORT FOR JULY AND AUGUST 2003 2. PIONEERLAND LIBRARY BOARD MINUTES FROM AUGUST 28, 2003 3. BUILDING DEPARTMENT MONTHLY REPORT FOR SEPTEMBER 2003 4. FIRE DEPARTMENT MONTHLY REPORT FOR SEPTEMBER 2003 5. HUTCHINSON AIRPORT COMMISSION MINUTES FROM JULY 29,2003 6. CITY OF HUTCHINSON INVESTMENT REPORT FOR AUGUST 2003 7. CITY OF HUTCHINSON FINANCIAL REPORT FOR GENERAL FUND AND WATER/WASTEWATER FUND FROM AUGUST 2003 8. HUTCHINSON UTILITIES COMMISSION FINANCIAL REPORT FOR AUGUST 2003 9. HUTCHINSON AREA HEALTH CARE FINANCIAL REPORT FOR AUGUST 2003 (b) RESOLUTIONS AND ORDINANCES 1. ORDINANCE NO. 03-356 - AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF HUTCHINSON FOR A PROPERTY TO BE REZONED FROM Rl TO R3 - ROLLING MEADOWS EAST (SECOND READING AND ADOPTION) 2. ORDINANCE NO. 03-357 - AN ORDINANCE AMENDING SECTION 8.11 OF THE HUTCHINSON CITY CODE TO ADD LANGUAGE ALLOWING FOR RESIDENTIAL PROPERTIES IN THE C3 DISTRICT (SECOND READING AND ADOPTION) CITY COUNCIL MINUTES - OCTOBER 14, 2003 3. RESOLUTION NO. 12270 - A RESOLUTION REVISING RESOLUTION NO. 11945 GIVING APPROVAL OF A CONDITIONAL USE PERMIT AMENDING THE PLANNED DEVELOPMENT DISTRICT #02-00 AND A PRELIMINARY PLAT TO BE KNOWN AS COLORADO RIDGE, A REPLAT OF HELLAND'S SEVENTH ADDITION 4. RESOLUTION NO. 12273 - A RESOLUTION RELEASING PLEDGED SECURITIES FROM WELLS FARGO 5. RESOLUTION NO. 12274 - A RESOLUTION FOR PURCHASE (c) CONSIDERATION FOR APPROVAL OF AIRPORT AGRICULTURAL PROPERTY FARM LEASE (d) CONSIDERATION FOR APPROVAL OF RE-APPOINTING CRAIG LENZ TO HUTCHINSON UTILITIES COMMISSION TO 2008 (e) CONSIDERATION FOR APPROVAL OF RE-APPOINTING DAVE SKAAR TO THE AIRPORT COMMISSION TO 2006 (f) LETTING NO. 13, PROJECT NO. 02-22 - CROW RIVER BANK STABILIATION (ACCEPTING BID AND AWARDING CONTRACT) (g) LETTING NO.9, PROJECT NO. 03-17 - PARK ISLAND DRIVE SW EXTENSION (CHANGE ORDER NO. 1) (h) CONSIDERATION FOR APPROVAL OF 2004 ASSESSING AGREEMENT Motion by Haugen, second by Arndt to approve consent agenda. Motion carried unanimously. 6. PUBLIC HEARINGS - NONE 7. COMMUNICATIONS. REQUESTS AND PETITIONS 8. UNFINISHED BUSINESS 9. NEW BUSINESS (a) ACCEPTANCE OF OBJECTIONS TO SPECIAL SERVICE DISTRICT NO.1 Gary Plotz stated a petition was received objecting to the Special Service District No. 1. He commented on the several meetings that have taken place in the past and the most recent meeting held at the Events Center to explain the use of the money collected for the Special Service District. Mr. Plotz stated there were 55 signatures of property owners on the petition totaling 44% of the district. Minnesota Statutes prohibit a service charge from being enacted if 35% or more of the effected property owners submit a written objection to the City Administrator within 45 days of the implementation of the service charge. Mr. Plotz explained the need to repeal Resolution No. 12247 and Ordinance 03-353 which create the Special Service District No.1 and the service charges. Atty. Sebora explained the council should take formal action on the recognition of the petition objecting to the Special Service District No.1. Motion by Arndt, second by Peterson to accept the petition objecting to the Special Service District No.1. Motion carried unanimously. 2 CITY COUNCIL MINUTES - OCTOBER 14, 2003 (b) CONSIDERATION FOR ADOPTION OF RESOLUTION NO. 12275 - A RESOLUTION REPEALING RESOLUTION NO. 12247 - IMPOSING A SERVICE CHARGE FOR SPECIAL SERVICE DISTRICT NO.1 Motion by Peterson, second by Haugen to adopt Resolution #12275 repealing Resolution #12247. Motion carried unanimously. (c) CONSIDERATION OF ORDINANCE NO. 03-358 - AN ORDINANCE REPEALING ORDINANCE NO. 03-353 - ESTABLISHING SPECIAL SERVICE DISTRICT NO.1 (WAIVE FIRST READING AND SET SECOND READING AND ADOPTION FOR OCTOBER 28, 2003) Mr. Arndt asked if the ordinance could remain to keep the Special Service District. Atty. Sebora stated the ordinance could be repealed this year and a new ordinance requested in the next calendar year. Mayor Torgerson asked if it is necessary to repeal the ordinance. Atty. Sebora stated it is not necessary however, in 6 months the Special Service District will not continue to exist. He stated it would be a matter of clarity to repeal the ordinance to clear up the file. Discussion followed on the process in creating a new district. Atty. Sebora suggested repealing the ordinance. Ms. Peterson asked if the ordinance could stay in place for six months. Atty. Sebora explained the implementation of the charge in 6 months would not happen in this calendar year and stated it is cleaner to repeal the ordinance now. Duwayne Peterson, business owner, suggested the council give the Special Services District a chance to continue without the funding. He stated now is the time to take the opportunity to form the district using volunteers to structure the district forming committees for special projects such as the Post Office, Business Park, etc. Mr. Peterson stated the city should move forward and not eliminate the possibility now. Atty. Sebora explained the EDA is available to set up the volunteer groups without a Special Service District. Mr. Hoversten commented on the possibility of keeping the ordinance for a short time until restructuring occurs. Motion by Hoversten, second by Arndt to table the repeal of Ordinance #03-353 until the last City Council meeting in 2003. Motion carried unanimously. Jim Kuehl, property owner in proposed district, asked what was tabled. Mayor Torgerson explained the Ordinance creating the Special Service District was tabled until the end of the year. (d) CONSIDERATION FOR APPROVAL OF HEALTH INSURANCE ADMINISTRATION CONTRACT & STOP LOSS CONTRACT Ken Merrill explained the request for the contract. He introduced Rich Westlund, Westlund and Associates, who explained the bid process and the contract year. Motion by Peterson, second by Hoversten to approve the health insurance administration contract with CCStpa beginning September 1, 2003 and stop loss contract with ING beginning September 1, 2003 as proposed by Mr. Westlund. Motion carried unanimously. (e) CONSIDERATION FOR APPROVAL OF ISSUES RELATED TO THE MINNESOTA DEPARTMENT OF TRANSPORTATION 3 CITY COUNCIL MINUTES - OCTOBER 14, 2003 John Rodeberg commented on Resolution #12272 requesting consideration of concrete surface for State Highway 7 improvements. He stated concrete is lower maintenance and longer lasting than bituminous. Motion by Peterson, second by Arndt to approve Resolution #12272. Motion carried unanimously. Mr. Rodeberg commented on responses he received to the Hwy 15 Corridor issues. The response was not positive to the City of Hutchinson's suggestions. John is asking to approve the response to Mn/DOT. Motion by Arndt, second by Haugen to approve the City response to Mn/DOT. Motion carried unanimously. (f) CONSIDERATION FOR APPROVAL OF SETTING INFORMATIONAL MEETING FOR OCTOBER 28, 2003, AT 4:00 P.M. Motion by Hoversten, second by Arndt to set an informational meeting at 4:00 p.m. on October 28, 2003. Motion carried unanimously. 10. COMMUNICATIONS John Rodeben?:: 1. A Council Representative is needed for the Resource Allocation Committee which meets approximately 2 times per year. Bill Arndt agreed to be on the committee. 2. Approval is requested of a contract with SEH to reconstruct a portion of Jefferson Street due to further expansion ofthe city limits to the south. Motion by Arndt, second by Haugen to approve the contract with SEH. Motion carried. Gary Plotz: The Wright County Board of Commissioners approved the proposal for Hutchinson to lease their compost site as a pilot project for 18 months. The facility is offI-94 and will save hauling miles for the City of Minneapolis contract. Mr. Plotz commented on the compost sales and materials. There will be more information in the next City Council packet. Mayor Ton?:erson: The Mayor read a proclamation proclaiming October 2003, as Hot Meals on Wheels month. 11. CLAIMS. APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS A Motion by Haugen, second by Peterson to approve and authorize payment of Verified Claims A from appropriate funds. Hoversten abstaining the motion carried. (b) VERIFIED CLAIMS B Motion by Peterson, second by Hoversten to approve and authorize payment of Verified Claims B from appropriate funds. Motion carried. 12. ADJOURN With no further business to discuss, the meeting adjourned at 6: 15 p.m. 4