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11-25-2003 CCM MINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, NOVEMBER 25, 2003 1. CALL TO ORDER - 5:30 P.M. V ice President Kay Peterson called the meeting to order. Members present were Jim Haugen, Bill Arndt, and Duane Hoversten. Member absent was Mayor Marlin Torgerson. Others present were Gary Plotz, City Administrator, John Rodeberg, Director of Engineering/Public Works and Marc Sebora, City Attorney. 2. INVOCATION - Rev. Gerard Bode, Peace Lutheran Church, delivered the invocation. 3. PLEDGE OF ALLEGIANCE PROCLAMATION DECLARING NOVEMBER 30, 2003, AS "DARVIN ZIEMAN DAY" 4. MINUTES (a) REGULAR MEETING OF NOVEMBER 12,2003 Motion by Arndt, second by Hoversten to approve the minutes from November 12, 2003. Minutes were approved as presented. 5. CONSENT AGENDA (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. PIONEERLAND LIBRARY SYSTEM EXPENSE REPORT FOR SEPTEMBER 2003 2. PIONEERLAND LIBRARY SYSTEM BOARD MINUTES FROM SEPTEMBER 18,2003 3. PARKS, RECREATION & COMMUNITY EDUCATION BOARD MINUTES FROM OCTOBER 8, 2003 4. HUTCHINSON PUBLIC LIBRARY BOARD MINUTES FROM OCTOBER 27,2003 5. HUTCHINSON AREA HEALTH CARE BOARD MINUTES FROM OCTOBER 21,2003 6. HUTCHINSON HOUSING & REDEVELOPMENT AUTHORITY BOARD MINUTES FROM SEPTEMBER 16 AND OCTOBER 21, 2003 7. CITY OF HUTCHINSON INVESTMENT REPORT FOR OCTOBER 2003 8. CITY OF HUTCHINSON FINANCIAL REPORT (GENERAL FUND) FOR OCTOBER 2003 9. CITY OF HUTCHINSON FINANCIAL REPORT (WATER, WASTEWATER, SEWER FUNDS) FOR OCTOBER 2003 (b) RESOLUTIONS AND ORDINANCES 1. ORDINANCE NO. 03-359 - AN ORDINANCE ADOPTING REVISIONS TO SECTIONS 4.015, 4.02, 4.03 AND 11.02 OF HUTCHINSON CITY CHARTER (SECOND READING AND ADOPTION) CITY COUNCIL MINUTES - NOVEMBER 25, 2003 2. RESOLUTION NO. 12295 - RESOLUTION CERTIFYING ASSESSMENTS 3. RESOLUTION NO. 12296 - RESOLUTION APPROVING DEFERRED ASSESSMENT 4. RESOLUTION NO. 12297 - RESOLUTION TRANSFERRING $155,000 FROM SPECIAL ASSESSMENT FUND TO CENTRAL GARAGE FUND FOR FISCAL YEAR 2003 5. RESOLUTION NO. 12298 - RESOLUTION TRANSFERRING FUNDS FROM THE GENERAL FUND, ECONOMIC LOAN, ENERGY LOAN, TO HUTCHINSON COMMUNITY DEVELOPMENT (EDA) FUND 6. RESOLUTION NO. 12299 - RESOLUTION TRANSFERRING $291,000 FROM LIQUOR FUND TO GENERAL FUND 7. RESOLUTION NO. 12300 - RESOLUTION TRANSFERRING $110,000 FROM WATER SEWER & REFUSE FUND TO 2002C REFUNDING IMPROVEMENT BONDS & GENERAL FUND (c) PLANNING COMMISSION ITEMS 1. CONSIDERATION OF VACATION OF EASEMENTS IN ISLAND VIEW HEIGHTS 4TH ADDITION AND FINAL PLAT OF ISLAND VIEW HEIGHTS 6TH ADDITION REQUESTED BY BILL GILK, SCENIC HOMES, PROPERTY OWNER WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (ADOPT RESOLUTION NO. 12290 AND WAIVE FIRST READING AND SET SECOND READING AND ADOPTION OF ORDINANCE NO. 03- 362 FOR DECEMBER 9, 2003) 2. CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY CINEMA 1, LLP, PROPERTY OWNER, TO EXPAND THE EXISTING FACILITY BY TWO SCREENS LOCATED IN THE IIC DISTRICT AT 766 CENTURY AVENUE SW WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (ADOPT RESOLUTION NO. 12291) 3. CONSIDERATION OF A CONDITIONAL USE PERMIT REQUESTED BY HUTCHINSON CO-OP, PROPERTY OWNER, TO CONSTRUCT AN OVERHEAD FERTILIZER BIN WITH FLOOD PLAIN ALTERATIONS IN THE IIC DISTRICT LOCATED AT 200 - 3RD AVENUE NW WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (ADOPT RESOLUTION NO. 12292) 4. CONSIDERATION OF LOT SPLIT AND VARIANCE REQUESTED BY ROBERT BEELER, PROPERTY OWNER, OF PROPERTY LOCATED AT 903 HWY 15 SOUTH WITH UNFAVORABLE STAFF RECOMMENDATION AND UNFAVORABLE PLANNING COMMISSION RECOMMENDATION 5. CONSIDERATION OF PRELIMINARY PLAT AND FINAL PLAT TO BE KNOWN AS FIRST ADDITION TO THE MEADOWS SUBMITTED BY MCLEOD COUNTY, PROPERTY OWNER, WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (ADOPT RESOLUTION NO. 12294) 6. CONSIDERATION OF ADOPTING THE HIGHWAY 7 ACCESS MANAGEMENT ORDINANCE WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (WAIVE FIRST READING AND SET SECOND READING OF ORDINANCE NO. 03-361 FOR DECEMBER 9,2003) (d) CONSIDERATION FOR APPROVAL OF GAMBLING LICENSE FOR HUTCH WRESTLING CLUB AT FLYER'S NITE CLUB (SECOND LOCATION) (e) CONSIDERATION FOR APPROVAL OF ENTERING INTO GRANT AGREEMENT FOR 2 CITY COUNCIL MINUTES - NOVEMBER 25, 2003 AIRPORT MAINTENANCE AND OPERATION (f) CONSIDERATION FOR APPROVAL OF OUT-OF-STATE TRAVEL BY DIRECTOR OF ENGINEERING/PUBLIC WORKS Item 5(b) 1 was pulled for further discussion. Motion by Haugen, second by Hoversten, to approve consent agenda with the exception of Item 5(b)1. Motion carried unanimously. Item 5(b) 1. Marc Sebora, City Attorney, explained that this ordinance requires an affirmative vote of all city council members. Due to the absence of the Mayor, Mr. Sebora requested that the adoption of this ordinance be tabled until the December 9th Council meeting. Motion by Hoversten, second by Arndt, to table the adoption of this ordinance to December 9, 2003. Motion carried unanimously. 6. PUBLIC HEARINGS - 6:00 P.M. (a) CONSIDERATION FOR APPROVAL OF VACATION/REDEDICATION OF RIGHT OF WAY AND FINAL PLAT FOR ROLLING MEADOWS EAST Julie Wischnack, Planning/Zoning/Building Director, presented before the Council. Ms. Wischnack- eXplained that the right-of-way has changed since the preliminary plat was submitted. Due to the redesign of the road, the final plat has changed and requires Council approval. Motion by Haugen, second by Arndt, to close public hearing. Motion carried unanimously. Motion by Hoversten, second by Haugen, to approve vacation/rededication of right of way and final plat for Rolling Meadows East. Motion carried unanimously. 7. COMMUNICATIONS. REQUESTS AND PETITIONS 8. UNFINISHED BUSINESS 9. NEW BUSINESS (a) CONSIDERATION FOR APPROVAL OF 2003/2004 DENTAL INSURANCE CONTRACT Rich Westlund, Westlund & Associates, presented before the Council. Mr. Westlund explained that he had conducted an in depth study of the coverages that the City currently has. Mr. Westlund further explained that there have been several complaints with the current dental insurance provider, Delta Dental. After researching other providers, Mr. Westlund recommended switching to services being provided by Midwest Dental. The plan is very similar to the plan being provided by Delta Dental and the rates will remain very close to what they are now. Gary Plotz, City Administrator, also informed the Council that the wage committee had reviewed the agreement with Midwest Dental, and they recommend switching to their plan as well. Motion by Arndt, second by Haugen, to approve 2003/2004 dental insurance contract with Midwest Dental. Motion carried unanimously. (b) CONSIDERATION FOR APPROVAL OF SETTING WALMART LIQUOR LICENSE VIOLATION HEARING 3 CITY COUNCIL MINUTES - NOVEMBER 25, 2003 Marc Sebora, City Attorney, reminded the Council that WalMart had violated their liquor license. The liquor ordinance requires that this hearing not be held any sooner than 15 days from this Council meeting. Kay Peterson and Jim Haugen will be attending this hearing. Motion by Hoversten, second by Arndt, to approve setting WalMart liquor license violation hearing for December 11,2003, at 12:00 p.m.. Motion carried unanimously. (c) CONSIDERATION FOR APPROVAL OF SETTING INFORMATIONAL MEETING FOR DECEMBER 9,2003, AT 4:00 P.M. Motion by Arndt, second by Haugen, to approve setting informational meeting for December 9, 2003, at 4:00 p.m. to discuss the 2004 City budget. Motion carried unanimously. 10. COMMUNICATIONS Marc Sebora - Mr. Sebora informed the Council that the City had received information that a special election will be held to fill the vacancy of Representative Tony Kielkucki. The tentative dateffi for the election are scheduled for December 16th for a primary election, if necessary, and December 30 for the special election. Paper ballots will be used as opposed to the electronic ballots. Bill Arndt - Mr. Arndt congratulated the Hutch girls swim team on winning the state swimming title and congratulated the football team on making it to the state tournament. Gary Plotz - Mr. Plotz explained that the management structure at the Creekside Compost facility is being proposed to change. It is currently being run by the W ater/W astewater/Resource Recovery Director and, due to other major projects commg up in the near future that will require his oversight, staff is proposing that a contractual employee be hired to oversee the compost facility. Staff envisions that the current contractual employee, Steve Madson, continue to provide management services through March 2004 since it is a slower time of year for the compost site, and the City would then advertise to fill a General Manager position in March with the hopes of having it filled by April 2004. Duane Hoversten also stated that the compost facility would be tracked budget-wise completely separate from the Wastewater Department. Mr. Plotz also explained that staff is proposing that an advisory committee of the compost site be established. Motion by Hoversten, second by Arndt, to approve the new management structure for the compost facility. Motion carried unanimously. Gary Plotz also mentioned that the current Administrative Secretary, Melissa Starke, will be leaving on maternity leave very shortly and he introduced her temporary replacement, Sandy Fleischman. John Rodeberg - Mr. Rodeberg informed the Council that, as per our request and that of Mn/DOT District 8, the previous pavement determination noting a bitummous surface has been preliminarily revised to concrete. We expect final confirmation soon. Mr. Rodeberg also informed the Council that a consultant has been chosen for the Hwy 7 proj ect. General discussion was held regarding the project. 11. CLAIMS. APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS A Motion by Haugen, second by Arbdt, to approve and authorize payment of Verified Claims A from appropriate funds. Motion carried unanimously. 12. ADJOURN With no further business to discuss, the meeting adjourned at 6:05 p.m. 4 CITY COUNCIL MINUTES - NOVEMBER 25, 2003 ATTEST: Gary D. Plotz, City Administrator 5 Marlin Torgerson, Mayor