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03-13-2001 CCM MINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, MARCH 13, 2001 1. CALL TO ORDER- 5:30 P.M. Mayor Torgerson called the meeting to order at 5:30 p.m. with the following members present: Mayor Marlin Torgerson, Council Members Jim Haugen, John Mlinar, Kay Peterson and Duane Hoversten. Also present: Gary Plotz, City Administrator, Marc Sebora, City Attorney, and John Rodeberg, Director of Engineering/Public Works. 2. INVOCATION - The Rev. Paulus Pilgrim from Faith Lutheran Church gave the invocation. 3. MINUTES REGULAR MEETING OF FEBRUARY 27,2001 The minutes were approved as presented. 4. CONSENT AGENDA (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. HUTCHINSON PUBLIC LIBRARY BOARD MEETING MINUTES OF FEBRUARY 26,2001 2. PARKS, RECREATION & COMMUNITY EDUCATION ADVISORY BOARD MINUTES OF FEBRUARY 1,2001 3. BUILDING REPORT FOR FEBRUARY 2001 4. FIRE DEPARTMENT MONTHLY REPORT FOR FEBRUARY 2001 (b) RESOLUTIONS AND ORDINANCES 1. RESOULTION NO. 11669 - RESOLUTION TO ESTABLISH LOCATION FOR TRAFFIC CONTROL DEVICES (c) DANCE PERMIT FOR JOSE G. RIVERA ON APRIL 28, 2001 AND VOIDING OF PERMIT ISSUED FOR APRIL 21, 2001. Motion by Hoversten, second by Haugen to approve the consent agenda. Motion carried unanimously. 5. PUBLIC HEARING- 6:00 P.M. (a) LETTING NO.2, PROJECT NOS. 01-03, 01-04, 01-11 Mayor Torgerson opened the public hearing at 6:00 p.m. and read Resolution 11672. John Rodeberg, Director of Engineering/Public Works explained the hearing process to the audience. This is the first step, and if it is decided to go ahead with the project, a second public hearing will be held and more definite information on the project and the costs to be assessed will be presented at that time. Mr. Rodeberg outlined project No. 01-03, improvements to Municipal Parking LotH located at the southwest comer of 1 st Avenue Southeast and Hassan Street Southeast. No costs are to be assessed to property owners for the parking lot project. Funds are available from the downtown parking fund. Project No. 01-04 for the Block 13 Alley includes reconstruction of the alley and installation of a concrete surface. Mr. Rodeberg outlined the proj ect costs and that they are to be 100% assessed to the adjacent property owners. The costs are determined on a per front foot basis. CITY COUNCIL MINUTES - MARCH 13,2001 Mr. John Schutt, 117 Elks Drive SE, and of Anderson Decorating Center, 119 Main Street South inquired about the project time frame. Mr. Rodeberg noted that when the concrete is poured, it must cure properly and there will be about a one-week period when the alley will have very limited access. Mr. Rodeberg noted that the City is willing to work with the business owners on issues such as deliveries and garbage removal, and will attempt to schedule the work to accommodate the owners as much as possible. The project should be completed in a 2 month period. Project No. 01-11 is the Block 26 alley project. This alley has a mix of adjacent residential and commercial uses. The proposed project is for a concrete alley surface. The project is by petition of the property owners. Mr. Rodeberg noted again that alleys are normally 100% assessed to the property owners. Because of the mixed uses in the project area and a potential benefit to the City, a portion of the project costs may be paid by the City. Chuck Brill, 222 Jefferson Street SE, stated that he led the petition proposal. He commented that the gravel that has been added to the alley over the years has resulted in a grade that is higher than the garages in the area. He noted there are drainage issues as well. The owners initiated the process to see what the price would be for the paving the alley. Alice Gehrke, 144 2nd Ave SE, noted that they have lived at this location for 44 years and they have not had any issues with their drainage or the level of the alley. She commended the City for their mamtenance of the alley. At 6:17 p.m., Haugen moved to close the hearing, second by Mlinar. The motion unanimously carried. Motion by Hoversten, second by Mlinar to approve and adopt Resolutions No. 11671 and No. 11672. Motion unanimously carried. (b) LETTING NO.4, PROJECT NOS. 01-07, 01-08, 01-10, 01-12 The public hearing commenced at 6: 17 p.m. Mayor Torgerson read Resolution No. 11673 regarding the projects. He noted that the Post Office project, No. 01-20, is on hold at this time. Mr. Rodeberg commented on the hearing procedures for a project. He stated that there have been neighborhood meetings regarding the proposed projects and talked about the City pavement management program and how proJ ects are ranked and selected for consideration. He also spoke about the sewer and water system analyses that are considered. Project No. 01-08 is the Thomas Avenue project. Mr. Rodeberg spoke about the proposed improvements and what costs are to be assessed to the property owners. He added that this is a comprehensive project, as the entire street will be removed and replaced. The City will work with the property owners to work out issues such as garbage pickup and mail delivery during the proJect. Richard Sokolis, 945 Thomas Avenue SW. noted that he is concerned about the high costs estimated for the project. Mr.Rodeberg outlined the Sherwood Street Project No.O 1-1 O. The street is deteriorating and there are drainage issues. The sanitary sewer line will be rerouted to the Century Avenue line. There have been substantial storm sewer issues in the area south of the cemetery property. Mr. Bill Robb, 1025 Sherwood St. SE, stated that his assessment maybe about $14,000. He asked the Council to consider any other alternatives for assessing the project to make the costs more affordable. Mr.Rodeberg noted that the City is paying 60% of the costs for the project. Mayor Torgerson stated that the City has considered dividing assessments for other projects on a per lot basis. No decision was made to adopt this assessment method for this proJect. Ms. Brenda DeSchepper, 1116 Sherwood St. SE, stated that the proposed assessments eat up 2 CITY COUNCIL MINUTES - MARCH 13,2001 everything that she has financially put into her house. She also has concerns about the time frame of the project and the accessibility to her property. Mr. Rodeberg commented that the project may commence in late Mayor early June. Mr. Mike Meyers 1045 Sherwood St. SE, noted that he owns one of the odd-shaped lots in the project area. Mr. Rodeberg clarified how his front footage would be determmed. Mr Rodeberg explained Project No. 01-07, for Grove Street NW. A neighborhood meeting was held for the project. The street will be totally reconstructed. He also stated that the project costs are to be assessed on a per lot basis. Mr. Todd Bradley, 345 Washington Avenue W, questioned why a storm sewer line is needed. Mr. Rodeberg replied that there is only a drainage tile in this area, and water is a major problem for maintaining good road conditions and the longevity of the street. Mr. Rodeberg described Project No. 01-12, the Water Street NW project. This has been public right-of-way for some time and the project includes the completion of a new street with utilities. The project will resolve a number of drainage and access issues. Mr. Harry Blake, 185 - 5th Avenue NW, asked why he will be assessed as he has water and street access off of 5th Ave. The Mayor commented that he has discussed the project with Mr. Blake and that it is a proposed solution to a property owner matter. The Mayor asked the City Attorney for any suggestions on how to proceed. He offered to meet with Mr. Blake and the adjacent neighbor to discuss the issue further. The Council discussed that the proposed project may be an expensive solution to issues between the neighboring property owners. James Buboltz, 211 - 5th Avenue NW, commented that he and Mr. Blake have had their issues, and he feels that this project is an extreme solution to the issues. He does not want to be assessed for the project and recommended that the project wait until future development requires the improvement. Mr. Mlinar asked about the future ability for Mr. Buboltz to split his lot. Mr. Blake noted that he would not split his lot in the future. Ms. Peterson commented that it is not the City's policy to promote projects that force people to sell their property. At 6:55 p.m., motion by Mlinar to close the hearing, second by Haugen. The motion carried unanimously. Motion by Haugen, second by Peterson to adopt Resolutions No. 11673 and No. 11674 excepting Project No. 01-12. The motion unanimously carried. 6. COMMUNICATIONS. REQUESTS AND PETITIONS - None 7. UNFINISHED BUSINESS (a) CONSIDERATION OF LEASE AGREEMENT FOR EDA PROPERTY (LESSEE - WETHERELL - DEFERRED FROM MEETING OF JANUARY 23,2001) Mr. Rodeberg updated that Council on the history of the Wetherells leasing property from the City. The changes in the current version ofthe proposed lease agreement are minor. The agreement addresses rent amounts, rental terms, uses ofthe property, and salvage rights. Mr. Sebora noted that the previous agreement expires next month. Motion by Peterson, second by Mlinar to approve the Lease Agreement for the City property with Gary and MaryAnn Wethere11. Motion unanimously approved. 8. NEW BUSINESS 3 CITY COUNCIL MINUTES - MARCH 13,2001 (a) RESOLUTION NO. 11670-RESOLUTIONTOADOPT A FIXED BASE OPERATOR'S (FBO) AGREEMENT FOR OPERATIONAL SERVICES AT THE HUTCHINSON MUNICIPAL AIRPORT Mr. Rodeberg noted that the resolution is the recommendation from the Airport Board. Motion by Mlinar, second by Haugen to approve and adopt Resolution No. 11670 regarding a Fixed Base Operator's agreement for operational services at the Hutchinson Municipal Airport. Motion unanimously carried. (b) CONSIDERATION OF CONSULTANT AGREEMENT FOR PROVIDING COMPREHENSIVE PLANNING SERVICES Mr. Rodeberg informed the Council that the planning services are in regards to the City's Comprehensive Plan. The previous plan was updated mtemally a number of years ago. The City has some fringe development and environmental issues to address in the plan. Mr. Rodeberg stated that a proposal was received from one of the consultants contacted - Dahlgren, Shardlow and Uban. The total cost of the project is $44, 000 to $45,000. The costs for the project will be divided equally amongst the Planning, Engineering, and W ater/W astewater departments. Mayor Torgerson inquired if the consultant will be completing everything listed. Mr. Rodeberg commented that the consultant will be compiling information that is already available, and not all the work will be new. The goal is to have a finished product that can be provided to requesting parties, such as developers. Mr. Mlinar asked about the rates, as there was only one bid. Mr. Rodeberg noted that the City expected the resulting price range when the requests for proposal were sent. He also noted that both he and Julie Wischnack, Director of Planning, have previously worked with the firm and the named individual on projects outside of the City. Motion by Mlinar, second by Peterson to approve the agreement for comprehensive planning consultant services with Dahlgren, Shardlow and Uban (DSU). Motion unanimously carried. (c) CONSIDERATION OF CONTRACTUAL AGREEMENT WITH MID-MINNESOTA DEVELOPMENT CORPORATION TO PROVIDE BUILDING OFFICIAL SERVICES Gary Plotz, City Administrator, commented that the contract is for building official services. The City had contracted with another firm, but they are no longer to provide services to us because of their workload. This contract is in the same price range as the contract with the previous building services firm. Motion by Haugen, second by Peterson to approve the contractual agreement with Mid- Minnesota Development Corporation to provide building official services to the City of Hutchinson. Motion carried unanimously. (d) CONSIDERATION OF CONTRACTUAL AGREEMENT RECRUITMENT SERVICES FOR PROVIDING Mr. Plotz updated the Council on the status of the Building Official position. We have advertised twice for the position and have not found a candidate. The City has used this firm previously. Mr. Hoversten asked if a "to not exceed" dollar amount has been established? Mr. Plotz indicated that the City could state a maximum. Motion to defer by Hoversten, second by Mlinar to defer this item to the March 27,2001 meeting. Motion carried unanimously. ( e) CONSIDERATION OF ENHANCED 911 EQUIPMENT UPGRADE Steve Madson, Police Chief, commented on the upgrade. The existing equipment is 7 years 4 CITY COUNCIL MINUTES - MARCH 13,2001 old. The new equipment will bring us current with the new technology trends. The 911 system handles 60,000+ calls per year. This system is mouse driven, can locate cellular users, and will be able to be tied into the GIS system. Motion by Mlinar, second by Haugen to grant authorization to purchase the necessary equipment to upgrade the enhanced 911 system from the Hutchinson Telephone Company. Motion carried unanimously. (f) RESOLUTION 11675. RESOLUTION TO ADOPT FEE SCHEDULE FOR COMPOST/ TRANSFER FACILITY Mr. Plotz informed the Council that the facility will be opening in April. The computerized scale system will allow us to accurately determine what IS being deposited and what should be charged, if fees apply. Mr. Plotz commented on the range and type of fees. The City will begin charging for concrete and asphalt collection. Motion by Hoversten, second by Haugen to approve and adopt Resolution No. 11675 regarding the fee schedule for the compost/transfer facility. (g) CONSDIERATION FOR SETTING A HEARING DATE FOR KING'S WOK COMPLIANCE CHECK VIOLATION City Attorney Marc Sebora updated the Council on this matter. King's Wok was one of the establishments that failed a compliance check in 1999. Efforts have been made to conduct the hearing but have been delayed by issues including translating. He informed the Council that the hearing must be set between March 26 and April 12, 2001, and a hearing panel of 3 council members is required. Move by Mlinar, second by Haugen to set hearing date for King's Wok for Monday, March 26, 2001, at 9:00 a.m. with Jim Haugen, John Mlinar and Kay Peterson serving on the hearing panel. Motion carried unanimously. 9. MISCELLANEOUS (a) COMMUNICATIONS John Mlinar - The March issue of the publication from the MN Recreation and Park Association notes that Marv Haugen will be representing the Central Region on the Board of Directors. The Hutchinson PRCE department received an award from the MMRP for the local ice arenas, and DolfMoon was recently inducted into the amateur softball hall of fame. Gary Plotz asked the Council to consider setting additional workshops to continue the Visioning Workshop and to discuss other matters. Moved by Mlinar, second by Peterson to set completion of the visioning workshop for 1 :00 p.m.on Wednesday, March 21,2001. Motion carried unanimously. Motion by Mlinar, second by Hoversten to schedule a Council workshop at 4:00 p.m. on Tuesday, April 24, 2001, to discuss Liquor Hutch facility issues, and to schedule a workshop at 4:00 p.m. on Tuesday, April 10, 2001, for the purpose of meeting with the McLeod County Board of Commissioners to discuss the Southwest bypass and the HATS maintenance facility expansion. Motion carried unanimously. John Rodeberg commented on the snow and snow removal process. The roads are in awful shape, and there are numerous potholes because of the water on the road. Please call the Street Dept at 234-HATS to report potholes. Gary Plotz updated the Council on the compost project. One of the equipment vendors providing the containers may not make their delivery date. The bonding company has been put on notice. 5 CITY COUNCIL MINUTES - MARCH 13,2001 10. CLAIMS. APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS A Motion by Mlinar, second by Peterson to approve Verified Claims A and authorize payment from appropriate funds. With Hoversten abstaining, the motion passed unanimously. VERIFIED CLAIMS B Motion by Hoversten, second by Peterson to approve and authorize payment from appropriate funds. There is a question on two items noted by Kay Peterson. Ms. Peterson requested that the motion be amended to withhold approval of two items until the legitimacy of the claims is verified. Hoversten agreed to amend his motion as stated. Second by Peterson to amend the motion. The amendment and the amended original motion passed unanimously. COMMUNICATIONS CONTINUED Correspondence was received by the Council regarding the Board of Equalization. The date of May 1, 2001 is available. Motion by Mlinar, second by Peterson to set the Board of Equalization for Tuesday, May 1, 2001, at 4:30 p.m. at City Center. The motion was unanimously approved. Marc Sebora asked the Council to reconsider the setting of the date for the King's Wok Hearing. A recalculation of the time frame requirements indicates that it must be held between March 28 and April 12, 2001. Mlinar withdrew his previous motion and Haugen withdrew his second. Motion by Mlinar, second by Haugen to set the hearing hearing date for the King's Wok compliance check violation hearing for Wednesday, April 4, 2001 at 9:00 a.m. The motion unanimously passed. 11. ADJOURN The meeting adjourned at 6:55 p.m. 6