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03-23-2004 CCM MINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, MARCH 23, 2004 1. CALL TO ORDER - 5:30 P.M. Vice President, Kay Peterson, called the meeting to order. Members present were Jim Haugen, Bill Arndt and Casey Stotts. Member absent was Mayor Marlin Torgerson. Others present were Ken Merrill, Finance Director, Marc Sebora, City Attorney and John Rodeberg, Director of EngineeringIPublic Works. 2. INVOCA TION - Sister Ida Marie, St. Anastasia Catholic Church, delivered the invocation. 3. PLEDGE OF ALLEGIANCE 4. MINUTES (a) REGULAR MEETING OF MARCH 9,2004 (b) BID OPENING MINUTES OF MARCH 12, 2004 The regular minutes were approved as presented. Motion by Stotts, second by Arndt, to approve bid minutes from March 12,2004. Motion carried unanimously. 5. CONSENT AGENDA (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. PIONEERLAND LIBRARY SYSTEM BOARD MINUTES FROM JANUARY 15, 2004 2. FIRE DEPARTMENT MONTHLY REPORT FOR FEBRUARY 2004 3. HUTCHINSON HOUSING & REDEVELOPMENT AUTHORITY BOARD MINUTES FROM FEBRUARY 17,2004 4. HUTCHINSON AREA HEALTH CARE BOARD MINUTES FROM FEBRUARY 17,2004 5. PLANNING COMMISSION MINUTES FROM FEBRUARY 17, 2004 (b) RESOLUTIONS AND ORDINANCES 1. RESOLUTION NO. 12352 -RESOLUTION FOR PURCHASE 2. RESOLUTION NO. 12358 - RESOLUTION GRANTING APPROVAL TO CHANGE STREET NAME FROM PRAIRIE VIEW CIRCLE SW TO ISLAND VIEW CIRCLE SW LOCATED IN THE ISLAND VIEW HEIGHTS SIXTH ADDITION PLAT 3. RESOLUTION NO. 12359 - RESOLUTION RECOGNIZING BUILDING SAFETY WEEK APRIL 4 - 10,2004 (c) PLANNING COMMISSION ITEMS 1. CONSIDERATION OF PRELIMINARY PLAT, TO BE KNOWN AS SOUTHFORK RIDGE, REZONING TO R3 PDD AND PLANNED DEVELOPMENT DISTRICT WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (ADOPT RESOLUTION NO. 12353 AND WAIVE FIRST READING AND SET SECOND READING AND ADOPTION OF ORDINANCE NO. 04-371) 2. CONSIDERATION OF PRELIMINARY PLAT, TO BE KNOWN AS RA VENWOOD CITY COUNCIL MINUTES - MARCH 23, 2004 SOUTH, REZONING TO R3 PDD AND PLANNED DEVELOPMENT DISTRICT WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (ADOPT RESOLUTION NO. 12354 AND WAIVE FIRST READING AND SET SECOND READING AND ADOPTION OF ORDINANCE NO. 04-372) 3. CONSIDERATION OF VARIANCE REQUESTED BY GOEBEL FIXTURE TO CONSTRUCT AN OVERHANG ONTO A NON-CONFORMING BUILDING WHICH ENCROACHES INTO THE 30 FOOT FRONT YARD SETBACK LOCATED AT 528 DALE STREET SW WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (ADOPT RESOLUTION NO. 12355) 4. CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY ROBERT POWELL TO REMODEL NON-CONFORMING BUILDING LOCATED IN IIC DISTRICT AT 198 - 4TH AVENUE NE WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (ADOPT RESOLUTION NO. 12356) 5. CONSIDERATION OF V ARIANCEREQUESTED BY STEVEN AND JENINENORDQUIST TO REDUCE FRONT YARD SETBACK ON A PORTION OF ENTRY FROM 25 FEET TO 22 FEET TO CONSTRUCT OVERHANG OVER CURRENT FRONT ENTRY TO HOME LOCATED AT 545 HIDDEN CIRCLE SW WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (ADOPT RESOLUTION NO. 12357) 6. CONSIDERATION OF REZONING PROPERTY FROM R1 TO II REQUESTED BY THE HUTCHINSON EDA WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (WAIVE FIRST READING AND SET SECOND READING AND ADOPTION OF ORDINANCE NO. 04-373) (d) CONSIDERATION FOR APPROVAL OF TRANSIENT MERCHANT LICENSE FOR HUMMINGBIRD HABITAT NURSERY IN THE HUTCHINSON MALL PARKING LOT (e) CONSIDERATION FOR APPROVAL OF OUT-OF-STATE TRAVEL FOR AL BARKEIM TO MONROE, WISCONSIN FROM APRIL 14 - 16, 2004 (t) CONSIDERATION FOR APPROVAL OF ON-SALE INTOXICATING LIQUOR AND CLUB LICENSES FOR 2004 (g) LETTING NO.6, PROJECT NO. 04-06 (ECHO DRIVE SE) AND 04-07 (ECHO CIRCLE SE) - ORDERING PREPARATION OF REPORT ON IMPROVEMENT - RECEIVING REPORT AND CALLING HEARING ON IMPROVEMENT (hLLETTING NO.4, PROJECT NO. 04-04 (5TH AVENUE SE/INDUSTRIAL PARK) - ORDERING PREPARATION OF REPORT ON IMPROVEMENT - RECEIVING REPORT AND CALLING HEARING ON IMPROVEMENT (i) LETTING NO.3, PROJECT NO. 04-03 (JEFFERSON STREET SE EXTENSION) - ORDERING PREPARATION OF REPORT ON IMPROVEMENT - RECEIVING REPORT AND CALLING HEARING ON IMPROVEMENT G) CONSIDERATION FOR APPROVAL OF APPOINTING NEWTON POTTER AND DALE REDETZKE TO TREE BOARD TO 2007 (k) CONSIDERATION FOR APPROVAL OF REAPPOINTING MIKE FLAATA TO PLANNING COMMISSION TO 2009 (1) CONSIDERATION FOR APPROVAL OF TEMPORARY RECYCLING PERMIT FOR CAN MAN 2 (m)CONSIDERA TION FOR APPROVAL OF ENGINEERING CONTRACTS WITH EARTH TECH Items 5(c)2 and 5(t) were pulled for further discussion. 2 CITY COUNCIL MINUTES - MARCH 23, 2004 Motion by Arndt, second by Haugen, to approve consent agenda with the exception of Items 5(c)2 and 5(t). Motion carried unanimously. Item 5(t). Melissa Starke, Administrative Secretary, explained that since the packet went out, Sonora's Mexican Restaurant and Main Street Sports Bar had turned in their paperwork to renew their liquor licenses. She asked that their license renewals be approved. Motion by Stotts, second by Haugen, to add Sonora's and Main Street for approval of liquor license. Motion carried unanimously. Item 5( c )2. Motion by Haugen, second by Stotts, to refer this item back to the Planning Commission for recommendation, as alterations to the plat have been made. Motion carried unanimously. 6. PUBLIC HEARINGS - 6:00 P.M. (a) LETTING NO.7, PROJECT NO. 04-08 (CITYWIDE SEAL COAT PROGRAM) ORDERING IMPROVEMENT AND PREPARATION OF PLANS APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS John Rodeberg, Director of Engineering, explained that city improvement bonds plan on being used for this project, which means no assessment money will be used. This project is mainly for bituminous seal coating, which will strengthen streets throughout the City for a longer life. The streets included in the project are all of or portions of Roberts Road, School Road, Dale Street, Linden Avenue, 5th Avenue SE, and the City Hall parking lot. The total cost of the project is approximately $186,000. Bill Arndt asked when Michigan Avenue is going to be worked on. Mr. Rodeberg explained that it is scheduled for next year as it is a state aid road and the state aid money has been depleted. In addition, the block on 2nd Avenue to the west of the newly constructed road is scheduled for bituminous improvements next year. Motion by Haugen, second by Arndt, to close public hearing. Motion carried unanimously. Motion by Arndt, second by Stotts, to order improvement and preparation of plans and approve plans. Motion carried unanimously. Motion by Arndt, second by Haugen to approve specifications and order advertisement for bids. Motion carried unanimously. 7. COMMUNICATIONS, REQUESTS AND PETITIONS 8. UNFINISHED BUSINESS (a) RESOLUTION NO. - 12345 - CONSIDERATION FOR APPROVAL OF CONDITIONAL USE PERMIT REQUESTED BY HABITAT FOR HUMANITY TO ALLOW CONSTRUCTION OF TWIN HOMES WITHOUT GARAGES LOCATED AT 560 AND 570 HILLTOP DRIVE Julie Wi schnack, Director of Planning/Zoning/Building, presented before the Council. Ms. Wi schnack explained that the Habitat for Humanity has requested that their conditional use permit application be withdrawn for consideration as they are working with the HRA to address this issue. Ms. Wi schnack explained that the Habitat would like for two members of the Council to work with them on future issues and projects. Jim Haugen and Casey Stotts volunteered to work with Crow River Habitat for Humanity. 3 CITY COUNCIL MINUTES - MARCH 23, 2004 (b) SUMMARY OF CLOSED MEETING PROCEEDINGS FOR CITY ADMINISTRATOR PERFORMANCE APPRAISAL Marc Sebora explained that prior to last Council meeting Mr. Plotz had his annual performance review and included in the packet was a summary of his review. 9. NEW BUSINESS (a) CONSIDERATION OF RESOLUTION NO. 12368 - ESTABLISHING PRIV ACYPOLICY AND PROCEDURES FOR PERSONAL HEALTH INFORMATION AS REQUIRED BY HIPAA Brenda Ewing, Human Resources Director, presented before the Council. Ms. Ewing explained that this policy is required by the Health Information Portability and Accountability Act of 1996, as the City is deemed a small employer. This policy formally addresses what the City has already been practicing, keeping health insurance information private. This policy only applies to the health Insurance plan. Ms. Ewing outlined the key points of the policy. Ms. Ewing further outlined the process after this policy is formally adopted by the Council, specifically informing the City's employees of the policy and how their private health information will be handled. Motion by Haugen, second by Arndt, to approve personal health information privacy policy and procedures. Motion carried unanimously. (b ) CONSIDERATION FOR APPROVAL OF AWARDING PROPOSAL FOR PROSECUTORIAL SERVICES Marc Sebora, City Attorney, presented before the Council. Mr. Sebora explained that earlier this year he had placed a request for proposals for prosecution services, to allow him more time to devote to civil issues related to the various departments of the City. Mr. Sebora explained that three proposals had been received from various law firms with the firm of Gavin, Olson, Savre & Winters coming in with the lowest bid. Mr. Sebora further explained that the attorney that will be responsible for prosecution services is Jody Winters who is a former Assistant County Attorney and is very familiar with the McLeod County court system as well as the Hutchinson Police Department. Mr. Sebora further explained that he will still be involved with the prosecution process, as he will oversee the process and may still prosecute himself when needed. Casey Stotts reaffirmed that this item was budgeted for in 2004. Marc Sebora reminded the Council that the paralegal position, which was anticipated to be hired when he began with the City in 2002, has not been filled and has no immediate plans to fill as another City staff member has been able to perform in that function, therefore those funds are available. Motion by Stotts, second by Haugen, to award proposal for prosecutorial services to the law offices of Gavin, Olson, Savre & Winters. Motion carried unanimously. ( c) CONSIDERATION FOR APPROVAL OF CONTRACT WITH GOODPOINTE TECHNOLOGY CORPORATION (ICON) FOR PAVEMENT MANAGEMENT SERVICES John Rodeberg, Director of EngineeringIPublic Works, explained to the Council that the Engineering Department has software the keeps track of pavement management. Unfortunately, the department has been unable to keep up with updating the system. Mr. Rodeberg is recommending that the company that designed the software be hired as a consultant to update and maintain the pavement management. Mr. Rodeberg explained how this project will be funded. He further explained that other testing may be added in later years. Motion by Arndt, second by Haugen, to approve contract with Goodpointe Technology Corporation for pavement management services. Motion carried unanimously. 4 CITY COUNCIL MINUTES - MARCH 23, 2004 (d) CONSIDERATION FOR APPROVAL OF CONTRACT WITH TKDA FOR 2004 AIRPORT IMPROVEMENTS AND OF CONSULTANT SELECTION PROCESS FOR FUTURE AIRPORT IMPROVEMENTS John Rodeberg, Director of EngineeringIPublic Works, explained that the costs for the 2004 improvements will drop dramatically since state and federal funding has increased. Mr. Rodeberg explained that $lS0,000 must be spent in order for the state and federal funds to be used. In addition, a committee consisting of staff, Airport Commission and a Council member, needs to be formed to review the consultant selection process for future airport improvements. Motion by Arndt, second by Haugen, to approve contract with TKDA for 2004 airport improvements. Motion carried unanimously. Motion by Haugen, second by Arndt, to establish a Consultant Selection Committee which will include a councIl member to be chosen at a later date. Motion carried unanimously. (e) DISCUSSION OF PROJECT STATUS AND CONSIDERATION FOR APPROVAL OF DEVELOPMENT AGREEMENT WITH MARK FRATZKE John Rodeberg, Director ofEngineeringlPublic Works, explained that the property of Mark Fratzke has a problem with the septic systems at the mobile home park he owns. Mr. Fratzke has not been able to come to an agreement with the adjacent property owners, so therefore it is being proposed that a lift station be installed. Mr. Fratzke will be paying for the cost of the lift station, but will not be charged for SAC/W AC fees. Mr. Fratzke will also be paying for the installation of a water meter in order for the city to monitor the amount of water used. Mr. Rodeberg will draft a development agreement incorporating these items. Mr. Rodeberg explained that city services may be provided within 2-S years and will be assessed at that time. This property was annexed in the early to mid 1990s. These costs are not able to be assessed to the renters in his park. No action is required. (t) CONSIDERATION FOR APPROVAL OF PROPOSALS TO SELL PUBLIC PROPERTY John Rodeberg, Director of EngineeringIPublic Works, explained that two neighboring property owners placed bids for two pieces ofland that was "left over" from an earlier proj ect. This property virtually has no value to the city primarily based on the size and accessability. The two bids received were rather low, however it is recommended to transfer this property to the bidders with certain restrictions. The restrictions will be listed on the deed. Motion by Haugen, second by Arndt, to approve proposals by to sell public property in Rolling Meadows. MotIOn carried unanimously. 10. MISCELLANEOUS (a) COMMUNICATIONS 1. DISCUSSION OF REQUEST FOR VIDEO PRODUCTION HIGHLIGHTING CITY OF HUTCHINSON Ken Merrill, Finance Director, explained that a production company has selected the City of Hutchinson as one city to feature on ESPN. However, it will cost the City approximately $28,000 for the video preparation. Casey Stotts stated that he feels the City could spend this amount of money on a much more valuable project. Motion by Haugen, second by Stotts, to reject this proposal. Motion carried unanimously. 2. Hutchinson Area Health Care requested that the Council approve the purchase of a sterilizer at a cost of $91,312 and a washer-disinfector at a cost of $S6,610. Motion by Stotts, second by Arndt, to approve the two purchases for HAHC. Motion carried unanimously. S CITY COUNCIL MINUTES - MARCH 23, 2004 3. The Planning/Zoning/Building customer satisfaction survey was discussed. Kay Peterson explained that over 700 surveys were distributed and over 130 were returned. Overall, 90% customer satisfaction was received. Casey Stotts explained that many positive comments came back for the staff in the Planning/Zoning/Building department and he commended them for that. Mr. Stotts mentioned that some comments included changes that could be made such as, having permits online, the cost of permits, and having consistent inspections. Julie Wi schnack, Director of Planning/Zoning /Building, thanked everyone that coml?leted the survey. Ms. Wi schnack further thanked Mr. Stotts for his involvement with this proJect. Jim Haugen suggested having comment cards distributed throughout the year. Ms. Wi schnack stated that they could be furnished with the application packet. Casey Stotts - Mr. Stotts stated that he had received a request that the 2004 election ballot include a question regarding the smoking issue. He also stated that the owner of the Bavarian Haus had contacted hIm and had good ideas on how to better advertise the downtown. Mr. Stotts requested that the public contact any of the council members with additional ideas. John Rodeberg - Mr. Rodeberg updated the Council on the Highway 7 proj ect and options they are working on with MnDOT. He reminded everyone that this is a MnDOT project and not a City of Hutchinson project, however issues and concerns can be addressed to the engineering department. Mr. Rodeberg also stated that he had been informed that it looks like federal funding will be attained for the Crow River Dam. Barry Greive, Building Official, presented before the Council. As building safety week is approaching, Mr. Greive reminded commercial building owners to be in code and keep their bUIldings safe. He also reminded residential owners of safety precautions. He further reminded homeowners the importance of getting the necessary inspections completed on projects. Kay Peterson - Ms. Peterson reminded the Council of the Pioneerland Library System annual dinner. Ms. Peterson also stated that on June 22nd, the public library will be holding their lS0th Anniversary celebration. 11. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS Motion by Stotts, second by Haugen, to approve claims, appropriations and contract payments. Motion carried unanimously. 12. ADJOURN With no further business to discuss, there was a motion by Stotts, and second by Arndt, to adj ourn at 6:40 p.m. Motion carried unanimously. 6