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05-08-2001 CCM MINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, MAY 8, 2001 1. CALL TO ORDER- 5:30 P.M. Mayor Torgerson called the meeting to order at 5:30 p.m. 2. INVOCATION - Dr. Jerry Fluth, Hunter's Ridge Community Church, gave the invocation. 3. MINUTES (a) REGULAR MEETING OF APRIL 24, 2001 (b) OPENING OF QUOTATIONS FOR DESIGN PROPOSAL FOR THE HUTCHINSON COMMUNITY/CONFERENCE CENTER OF MAY 1,2001 The minutes were approved as presented. 4. CONSENT AGENDA (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. HUTCHINSON PUBLIC LIBRARY BOARD MEETING MINUTES OF APRIL 23, 2001 2. HUTCHINSON UTILITIES COMMISSION BALANCE SHEET - MARCH 31,2001 3. PLANNING COMMISSION MEETING MINUTES OF MARCH 20,2001 4. HUTCHINSON FIRE DEPARTMENT MONTHLY UPDATE FOR APRIL 2001 5. HUTCHINSON BUILDING DEPARTMENT REPORT FOR APRIL 2001 6. HUTCHINSON AREA HEALTH CARE BALANCE SHEET - MARCH 31, 2001 7. PARKS, RECREATION & COMMUNITY EDUCATION ADVISORY BOARD MINUTES OF APRIL 5, 2001 (b) RESOLUTIONS AND ORDINANCES 1. RESOLUTION NO. 11706 - RESOLUTION FOR PURCHASE 2. ORDINANCE NO. 01-292 -AN ORDINANCE OF THE CITY OF HUTCHINSON, MINNESOTA, AUTHORIZING THE SALE, DISPOSITION OR TRANSFER OF CERTAIN REAL ESTATE FROM HUTCHINSON COMMUNITY DEVELOPMENT COMMISSION - EDA TO DUANE MICHAEL HAEFNER AND ADOPTING, BY REFERENCE, CITY CODE CHAPTER 1 AND SECTION 2.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS (WAIVE FIRST READING AND SET SECOND READING AND ADOPTION FOR MAY 22,2001) 3. RESOLUTION NO. 11707 - RESOLUTION TO SELL AT AUCTION SURPLUS PROPERTY (c) APPLICATION FOR RETAIL ON-SALE NON-INTOXICATING MALT LIQUOR LICENSE RENEWAL · SKY VENTURES DBA PIZZA HUT (d) APPLICATION FOR LICENSE TO SELL TOBACCO AT RETAIL · K-MART CORPORATION (e) CONSIDERATION OF RENEWAL APPLICATION FOR SET-UP LICENSE · LITTLE CROW BOWLING LANES DBA HUTCH BOWL (f) PEDDLERS LICENSE (ONE DAY) APPLICATION FROM GERALD JOHNSON TO CITY COUNCIL MINUTES - MAY 8, 2001 SELL NOVELTY ITEMS AT THE WATER CARNIVAL GRANDE DAY PARADE (g) CONSIDERATION OF APPROVAL OF LEASE AGREEMENT BETWEEN HUTCHINSON AREA HEALTH CARE (HAHC) AND HUTCHINSON MEDICAL CENTER (HMC) Motion by Mlinar, second by Haugen to approve the consent agenda. The motion passed unanimously. 5. PUBLIC HEARING- 6:00 P.M. (a) ASSESSMENT HEARING FOR ASSESSMENT ROLL NO. 5049, LETTING NO. 2/PROJECT NOS. 01-03, 01-04, 01-11 (MUNICIPAL PARKING LOT H, BLOCK 13 ALLEY AND BLOCK 26 ALLEY); AND CONSIDERATION OF RESOLUTION NO. 11709, RESOLUTION ADOPTING ASSESSMENT AND RESOLUTION NO. 11710, RESOLUTION ACCEPTING BID AND AWARDING CONTRACT The public hearing was called to order by Mayor Torgerson at 6:00 p.m. Mr. Rodeberg explained the scope of the projects and that this is the assessment hearing for the projects. The notice sent to the owners has the exact cost to be assessed to each property. If approved, the bids are awarded, the assessment roll is approved, and the costs can be assessed to the property. Mr. Rodeberg also provided information about payment options and deferments for assessments. Municipal Lot H and Block 13 Alley Mr. Rodeberg explained the project and noted that the bid received was lower than anticipated. Block 26 Alley Mr. Rodeberg explained the project and identified the properties whose owners originally signed a petition in favor of initiating the project. A second petition was received that contains signatures from 50% of the property owners who are opposed to the project. Mr. Rodeberg requested that the Council consider a cost share proposal between the City and property owners for the project. He proposed the City bear 1/3 of the cost. One-third of the cost would amount to approximately $12,000. He stated that a benefit to the City is that alley maintenance is more easily facilitated in paved alleys. There was discussion as to whether this cost share proposal sets a precedent for the City. Mr. Rodeberg asked the Council for direction regarding the cost share and if the Council preferred to defer this item to a future meeting so that a neighborhood meeting can be held next week. Motion by Peterson, second by Haugen to approve City participation in a cost share for the alley project ($12,000). The motion carried unanimously. Nancy Murphy representing Edna Hutchins of 212 Jefferson Street SE stated that Ms. Hutchins signed a petition only to investigate the costs of the project. Brad Paulson, 209 Hassan Street SE stated he has concerns about maintenance and snow removal in the alley and how the alley will be graded. Mr. Rodeberg confirmed that the alley project will be a concrete surface and the alley will be lowered to obtain the proper grade. Brad Lueneberg, owner of 233 and 237 Hassan Street SE, indicated he is in favor of the project to improve the drainage in the area. Chuck Brill 222 Jefferson Street SE also stated that he is in favor of project and is pleased to hear that the surface will be concrete. Motion by Peterson, second by Hoversten to close the hearing at 6:20 p.m. Motion carried unanimously. Motion by Peterson, second by Mlinar to approve and adopt Resolution No. 11709 and No. 2 CITY COUNCIL MINUTES - MAY 8, 2001 11710 for Letting No. 2/Projects 01-03 and 01-04 and to defer project No. 01-11 until May 22,2001. The motion carried unanimously. (b) ASSESSMENT HEARING FOR ASSESSMENT ROLL NO. 5050, LETTING NO. 4/PROJECTNOS. 01-07, 01-08, 01-10 (GROVE STREETNW, THOMAS AVE SW AND SHERWOOD ST SE); AND CONSIDERATION OF RESOLUTION NO. 11711, RESOLUTION ADOPTING ASSESSMENT AND RESOLUTION NO. 11712, RESOLUTION ACCEPTING BID AND AWARDING CONTRACT The public hearing was called to order by Mayor Torgerson at 6:20 p.m. Grove Street NW Mr. Rodeberg explained the project. He noted that the bids received were lower than the previous estimates. Thomas Ave. A letter outlining project concerns was received from the residents, and a response was sent by Mr. Rodeberg. Mr. Rodeberg explained the scope of the project and that the original street was constructed approximately 40 years ago. The project includes street replacement, new curb and gutter, water and sewer lines, and sewer and water services. Mr. Rodeberg explained the proposed costs for the proj ect and the amounts to be assessed to the properties. The bids were near the lower end of the previous cost estimates. Mr. Rodeberg talked about the costs to maintain the street as it is and a possible maintenance assessment. Tom Poh1en, 975 Thomas Avenue SW, spoke on behalf of a number of the property owners. He thanked Mr. Rodeberg for his quick response to the resident's concerns. He noted that there are still questions that remain about the costs, specifically the necessity for replacement of the sewer and water lines. Mr. Poh1en also stated a concern about the truck traffic contributing to the wear of the street. Mr. Rodeberg noted that this is an enforcement issue. Mr. Poh1en indicated that the residents have concerns about the quality of the street to be constructed and the trees that may be lost during the project. He stated he is opposed to any part of the project that will affect existing trees. Mr. Rodeberg explained that the utility construction would be the portion of the project that may affect trees and the contractor is probably open to working around trees if possible. Mr. Rodeberg explained that it is not City policy to replace a street over a service (water, sewer, etc.) that will need replacement in the near future. This is not a responsible fiscal policy and is not followed by the City. Mr. Rodeberg noted that the age of the lines and the safety issues as a result of the condition of the lines are factors for determining if replacement is recommended. Steve Senart, 986 Thomas Avenue SW, stated he has concerns about the project and the effect on the existing trees. During a previous improvement project, a tree on his lot sustained damage and was removed. He noted that the replanting of the tree was not in the same location as the previous tree and was significantly delayed. He asked the Council to be receptive to the Thomas Avenue residents if they need trees replaced next year. Richard Sokolis, 945 Thomas Avenue SW, stated he is opposed to the project and asked that it be deferred for a few years. He asked about a maintenance assessment for the street and what the road surface would be. Mr. Rodeberg stated that if the project is not approved, the road surface would probably be reverted to gravel. Henry Reiner, 460 Dale Street SW, asked about assessments for a comer lot. Mr. Rodeberg explained how the assessment policy addresses comer lots and the credit that is given to the lots. Mr. Reiner noted that he has drainage problems and the sewer service to his lot needs repair. He is opposed to a maintenance assessment and stated that replacement costs will only be more expensive in the future. 3 CITY COUNCIL MINUTES - MAY 8, 2001 Jason Krohn, 966 Thomas Avenue SW, stated that he is concerned about the cost and the protection of the trees. He asked the City to request that the contractor do what they can to protect the trees. He is in favor of the street project. Sherwood Street Mr. Rodeberg explained the project and the proposed costs to be assessed to the properties. Mr. Rodeberg proposed to the Council that the maximum assessment be capped at the rate for a 100' wide lot. Ron Novotny speaking for Ardella Novotny, 1076 Sherwood Street SE, inquired about deferment information for an elderly person. Gary Maus, 1070 Sherwood Street SE, questioned how and when assessments can be paid. Brian Anderson 1086 Sherwood Street Se, questioned if his driveway can it be widened and had questions about the tree removal phase of the project. Mr. Rodeberg advised him to contact Keith Messner of the Engineering Department. Bill Robb, 1025 Sherwood Street SE, inquired about the proposal to cap the assessment on his large, comer lot. The Council responded that they can do this in their motion if the project is to be approved and the assessment roll can be amended. He is not in favor of spending this amount for a project, but he realizes the project is necessary because of the drainage problems in the area. Jon Block, speaking for his parents at 1055 Sherwood Street SE, asked if the assessment amount over the cap will be divided amongst the other properties. Mr. Rodeberg stated the City would absorb this cost. Mr. Block also asked in there will be periods when sewer and water service is interrupted. Mr. Rodeberg noted that if this occurs, there will be proper notification from the contractor. Diane Brenhaug, 10966 Sherwood Street SE, questioned why driveway aprons that are new must be removed. Mr. Rodeberg noted that this is done to match up the elevations of the new construction to the driveway. Ms. Brenhaug had questions regarding how the trees were selected for removal. Mr. Rodeberg noted that there are a number of criteria used. Council Member Kay Peterson encouraged the property owners to contact Keith Messner if they have any questions or concerns about the tree removal. Motion by Mlinar, second by Haugen to close the hearing at 7:15 p.m. Motion carried unanimously. Motion by Hoversten, second by Peterson to limit the assessable lot length maximum to 100' for project No. 01-10. The motion carried unanimously. Motion by Haugen second by Hoversten to approve and adopt Resolutions No. No. 11711 and Resolution No. 11712 for Letting No. 4/Project Nos. 01-07, 01-08, 01-10. The motion carried unanimously. (c) PUBLIC HEARING TO CONSIDER ORDINANCE NO. 01-291 AMENDING THE HUTCHINSON CITY CODE REGARDING SECTION 3.03 AND SUMP PUMP CONNECTIONS TO THE SANITARY SEWER SYSTEM (WAIVE FIRST READING AND SET SECOND READING AND ADOPTION FOR MAY 22,2001) The public hearing was called to order by Mayor Torgerson at 7:40 p.m. John Rodeberg eXplained the current ordinance and that the ordinance revisions clarify language in the ordinance. A video regarding the sump pump program was shown. Bob Brown with the consulting firm of Bolton and Menk explained the schedule for the program. There are open houses planned for May 10 and May 21, 2001. The inspections will start the week of May 28,2001, and should be completed in September. Mr. Rodeberg 4 CITY COUNCIL MINUTES - MAY 8, 2001 also noted that a meeting will be held on May 10 with the area plumbers to educate them on proper installations and the inspection program. It was discussed that improper sump pump installations cause increased flows to the wastewater treatment plant during rain events and, in turn, can cause damage to properties and homes through sewer back-ups. Mr. Rodeberg outlined the revisions to the ordinance language including the imposition of a surcharge for non-compliance.. The current ordinance allows the City to inspect sump pumps on homes and buildings and language was added to clarify this. Mr. Mlinar asked about air conditioner water. Mr. Rodeberg noted that in residential uses it can be discharged to the floor drain and sanitary sewer. Motion by Mlinar, second by Peterson to close the hearing at 8:03 p.m. Motion carried unanimously. Motion by Peterson, second by Mlinar to set the second reading and adoption of Ordinance No. 01-291 for the May 22,2001, regularly scheduled City Council meeting. The public was reminded that information about the sump pump program and proper installation is included on the City website at ci.hutchinson.mn.us. (d) PUBLIC HEARING FOR THE HUTCHINSON HRA TO REVIEW THE PERFORMANCE OF THE SMALL CITIES DEVELOPMENT PROGRAM (SCDP) ADAMS STREET PROJECT AND THE SCDP EQUITY LOAN ASSISTANCE FOR NEW HOUSING CONSTRUCTION Mayor Torgerson called the public hearing to order at 7:20 p.m. Jean Ward, HRA Director, presented information to the Council regarding the SCDP program. The Adams Street proj ect should be completed by June 2001. Ms. Ward outlined the Federal objectives and citizen participation for the project. The program goal is to correct housing deficiencies and to improve the housing stock in the area. Mary Chelin informed the Council that twenty-seven single family homeowners participated in the project. Ms. Chelin also explained the income requirements for the various levels of grants and loans and outlined what the HRA learned as a result of the Adams Street project through the evaluations received from the program participants. Jean Ward presented information on the Hutchinson Home Purchase Opportunity Program (HHPOP). A goal of the program was to work to provide first time homebuyer opportunities. The neighborhoods included in the project are Rolling Meadows and Island View Heights. Citizen participation workshops were held in 1998. Judy Flemming, HHPOP Specialist, presented information to the Council on the process to apply for and obtain funding through the program. She also provided statistics on the program participation and the dollar amounts that have been brought into the community. Motion by Mlinar, second by Peterson to close the hearing at 7:40 p.m. The motion was unanimously approved. 6. COMMUNICATIONS. REQUESTS AND PETITIONS (a) PRESENTATION OF THE AWARD OF FINANCIAL REPORTING ACHIEVEMENT FROM THE GOVERNMENT FINANCE OFFICERS ASSOCIATION OF THE UNITED STATES AND CANADA TO KENNETH MERRILL, CITY OF HUTCHINSON FINANCE DIRECTOR Mayor Torgerson read the award and presented it to Kenneth Merrill, Finance Director. Mr. Merrill recognized his staff for their efforts in obtaining the award. 5 CITY COUNCIL MINUTES - MAY 8, 2001 (b) REVIEW OF LEGISLATION ON LAWN FERTILIZERS CONTAINING PHOSPHOROUS BY GARY PLOTZ, CITY ADMINISTRATOR Mr. Plotz provided the Council with a list of cities in Minnesota who have adopted resolutions of support limiting the amount of phosphorous and fertilizer to be used in their cities. Motion by Mlinar, second by Hoversten to approve the drafting of a resolution of support to be submitted to the Minnesota Legislature. Motion passed unanimously. 7. UNFINISHED BUSINESS (a) CONSIDERATION OF RESOLUTION NO. 11713, RESOLUTION ADOPTING REVISED ASSESSMENT, AND RESOLUTION NO. 11714, RESOLUTION ACCEPTING BID AND AWARDING CONTRACT, ASSESSMENT ROLL NO. 5048, LETTING NO. 3/PROJECT NO. 01-05, SHADY RIDGE ROAD NW (DEFERRED FROM APRIL 24, 2001) Mr. Rodeberg updated the Council on the actions taken since the meeting of April 24, 2001. Cal Rice, Assistant to the City Engineer, has met with residents in the area and the City recommends that the City move ahead with the project. Arle Schlecht, 715 Shady Ridge Road NW, asked a number of questions. Mr. Schlecht is concerned about the cost of a 20' versus a 24' wide street. He inquired about relocating irrigation points in his yard. He will be responsible for identifying and reinstalling any located in the boulevard. Mr. Schlecht inquired about the possibility of installing an outlet directly to the lake. Mr. Rodeberg stated that easement and tree issues restrict this. He is concerned about how the water will run passed his property to the catch basin. Mr. ~odeberg answered that if the catch basin is constructed correctly it should relieve his water issues. Motion by Hoversten, second by Haugen to approve and adopt Resolution No. 11713 and Resolution No. 11714 regardmg Letting No. 3/Project No. 01-05. Motion carried unanimously. 8. NEW BUSINESS (a) CONSIDERATION OF RESOLUTION NO. 11708, RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR LETTING NO. 8/PROJECT NO. 01-21 (MUNICIPAL STATE AID PROJECT #133-117-10/SCHOOL ROAD NW) Mr. Rodeberg explained the project is a continuation of School Road from its current northerly termination to North High Drive. This is a State Aid Project and totally funded by the State. There will be street lights at the intersection with Golf Course Road. Motion by Haugen, second by Peterson to approve and adopt Resolution No. 11708 for Letting No. 8/Prject No. 01-21. Motion carried unanimously. (b) LETTING NO. 5/PROJECT NO. 01-18 (SOUTH GRADE ROAD SANITARY SEWER COLLECTOR) . RESOLUTION NO. 11715 - RESOLUTION ORDERING PREPARATION OF REPORT ON IMPROVEMENT . RESOLUTION NO. 11716 - RESOLUTION RECEIVING REPORT AND W AlVING HEARING ON IMPROVEMENT . RESOLUTION NO. 11717 - RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS . RESOLUTION NO. 11718 - RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS Mr. Rodeberg explained the project. 6 CITY COUNCIL MINUTES - MAY 8, 2001 Motion by Hoversten, second by Peterson to approve and adopt Resolutions No. 11715, No. 11716, No. 11717, and No. 11718 of Letting No. 5/Project No. 01-18. Motion carried unanimously. (c) CONSIDERATION OF P ARK/RECREATION/COMMUNITY EDUCATION ADVISORY BOARD RECOMMENDATION TO REVIEW COST PROJECTIONS FOR A BALLFIELD COMPLEX, POOL EXPANSION AND DEPARTMENTAL IMPROVEMENTS FROM THE CAPITAL IMPROVEMENTS PLAN AND TO AUTHORIZE UTILIZATION OF FUNDS TO DEFINE THE PORJECTS Dolf Moon, Director of PRCE, addressed the Council regarding this issue. The City has been working for a number of years to resolve stormwater issues and the option of using the Linden Park property for this purpose. This would eliminate ball fields for recreational use. The City has been looking to identifY other locations in the City that might be options for field construction. Mr. Moon spoke about options at the Linden Park location and the decline in use of the existing outdoor pool. The PRCE Advisory Board is looking for direction to seek more information about community needs and the options to realize them. Motion by Mlinar, second by Peterson to direct staffto follow PRCE staff recommendations and review cost proj ections for the addition of a ballfield complex, pool expansion, and other improvements and to allow the PRCE board to seek community input. Motion carried unanimously. 9. MISCELLANEOUS (a) COMMUNICATIONS Marc Sebora - The City Attorney updated the Council on the Biosolids fire. An attorney specializing in this litigation, Mark McKeon of Cold Spring, is recommended to be retained for this purpose. Councilmember Peterson asked if there is a maximum dollar amount for his services. Mr. Sebora estimated that the total cost will not exceed a few thousand dollars. Motion by Hoversten second by Haugen to approve the City Attorney to engage co-council for this project with the total cost not exceeding $2,000. The motion passed unanimously. Kay Peterson - The Bike & Blade Bonanza was held on May 5,2001. This is the largest event ofthis kind in the State of Minnesota. 250 helmets were provided and the participation and attendance was nearly 100%. Duane Hoversten - Mr. Hoversten noted that he has received dozens of phone calls over the past months from concerned citizens giving their input. He thanked them for their input. Gary Plotz - Mr. Plotz updated that Council on the items that were discussed at the May 8 Leadership Team Meeting. The Police Chief and Fire Chief presented information on improving the public works and emergency services radio system. A proposal will be coming before the council in the near future. Requests for Quotations for services for the event center were received from two firms. Costs range from $75,000 to $125,000. Staff is in negotiations and will bring a proposal before the Council in the future. The PRCE recommendation acted on previously was also discussed along with an addressing issue on Hwy 15 South. Mr. Plotz informed the Council of a proposal at Legislature to eliminate the State Department ofthe Office of Environmental Assistance (OEA). Mr. Plotz explained the type of work the OEA does and what they have done in Hutchinson. Mr. Plotz proposed that the City of Hutchinson take a position of support for the continuation of the OEA. He asked for 7 CITY COUNCIL MINUTES - MAY 8, 2001 permission to prepare a resolution to send to the House Conference Committee expressing the City's support of retaining the OEA. Motion by Mlinar second by Haugen to approve a resolution to the legislature stating the support of the OEA. The motion carried unanimously. The National BioCycle conference will be held in Twin Cities in two weeks. A charter bus will be coming from the conference on May 23 to tour the Compost Facility from 10:00 am to Noon. If the Council is interested in attending the tour, they are welcome. Mr. Plotz requested that the Council set a date for the continuation of visioning workshop. Phil Graves ofHAHC will be contacted to act as the facilitator. Motion by Peterson second by Hoversten to tentatively set Friday, May 25,2001 at 8:30 a.m. or Tuesday, May 29,2001 at 8:30 a.m. for the continuation of the Council Workshop. The motion carried unanimously. Mayor Torgerson - The Mayor indicated that the speed limit on Hwy 15 South near Ridgewater College is 55 mph. He proposed sending a resolution to MnDot to lower the speed in this area. Motion by Haugen, second by Peterson to allow John Rodeberg, City Engineer, to send a resolution to MnDot to request a speed limit reduction on Hwy 15 South. The motion carried unanimously. 10. CLAIMS. APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS A Motion by Mlinar, second by Peterson with Council member Hoversten abstaining to approve and authorize payment of verified claims A from appropriate funds. The motion carried unanimously. (b) VERIFIED CLAIMS B Motion by Hoversten, second by Haugen to approve and authorize payment of verified claims B from appropriate funds. The motion carried unanimously. 11. ADJOURN With no further business to discuss, the meeting adjourned at 8:20 p.m. 8