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08-24-2004 CCM MINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, AUGUST 24, 2004 1. CALL TO ORDER - 5:30 P.M. Mayor MarlIn Torgerson called the meeting to order. Members present were Kay Peterson, Jim Haugen, Casey Stotts and Bill Arndt. Others present were Gary Plotz, City Administrator, Marc Sebora, City Attorney and John Rodeberg, Director of Public Works. 2. INVOCATION - Rev. Scott Daniels, Vineyard United Methodist Church, delivered the invocation. 3. PLEDGE OF ALLEGIANCE 4. MINUTES (a) REGULAR MEETING OF AUGUST 10,2004 (b) BID OPENING MINUTES OF AUGUST 13, 2004 Minutes were approved as presented. 5. CONSENT AGENDA (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. HUTCHINSON HOUSING & REDEVELOPMENT AUTHORITY BOARD MINUTES FROM ANNUAL MEETING OF AUGUST 19,2003 2. HUTCHINSON HOUSING & REDEVELOPMENT AUTHORITY BOARD MINUTES FROM JULY 20,2004 3. HUTCHINSON AREA HEALTH CARE BOARD MINUTES FROM JULY 20, 2004 4. PLANNING COMMISSION MINUTES FROM JULY 20, 2004, AND AUGUST 3, 2004 5. HUTCHINSON AREA HEALTH CARE FINANCIAL REPORT FOR JULY 2004 6. CITY OF HUTCHINSON GENERAL FUND FINANCIAL REPORT FOR JULY 2004 7. CITY OF HUTCHINSON REFUSE, COMPOST, WATER, WASTEWATER FUNDS FINANCIAL REPORT FOR JUL Y 2004 8. CITY OF HUTCHINSON INVESTMENT REPORT FOR JULY 2004 (b) RESOLUTIONS AND ORDINANCES 1. RESOLUTION NO. 12510 - RESOLUTION DESIGNATING DEPOSITORY OF CITY FUNDS IN COMMERCIAL BANKS AND INSTITUTIONS (HOME STATE BANK) 2. RESOLUTION NO. 12511 - RESOLUTION ACCEPTING PLEDGED SECURITIES FROM HOME STATE BANK 3. RESOLUTION NO. 12512 - RESOLUTION SETTING INTEREST RATE FOR 2004 ADOPTED ASSESSMENTS ROLLS CITYCOUNCILMINUTES-AUGUST24,2004 4. RESOLUTION NO. 12513 -RESOLUTION FOR LEASE 5. RESOLUTION NO. 12514 - RESOLUTION TEMPORARILY SUSPENDING PARKING RESTRICTIONS ON JEFFERSON STREET DURING ARTS & CRAFTS FESTIVAL 6. ORDINANCE NO. 04-385 - AN ORDINANCE VACATING BLACKHAWK COURT AND UTILITY AND DRAINAGE EASEMENTS IN LOTS 1-9 LOCATED IN WELCOME TO OUR HOME ADDITION (SECOND READING AND ADOPTION) 7. ORDINANCE NO. 04-387 - AN ORDINANCE AUTHORIZING SALE OF CITY PROPERTY TO SOUTHWEST MINNESOTA FOUNDATION (WAIVE FIRST READING AND SET SECOND READING AND ADOPTION FOR SEPTEMBER 14, 2004) (c) PLANNING COMMISSION ITEMS 1. CONSIDERATION OF A PRELIMINARY PLAT TO BE KNOWN AS SUMMERSET THIRD ADDITION AND REZONING FROM R3 TO R2 SUBMITTED BY ARNIE ESTERBROOKS, ROLLING GREENS INC. WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (ADOPT RESOLUTION NO. 12506 AND WAIVE FIRST READING AND SET SECOND READING AND ADOPTION OF ORDINANCE NO. 04-386 FOR SEPTEMBER 14, 2004) 2. CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY JIM HEIKES TO CHANGE USE IN THE GATEWAY DISTRICT WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (ADOPT RESOLUTION NO. 12507) (d) ROLLING MEADOWS EAST STREET LIGHTING IMPROVEMENTS - LETTING NO. 13, PROJECT NO. 04-15 (ORDERING PREPARATION OF REPORT ON IMPROVEMENT, RECEIVING REPORT AND WAIVING HEARING, ORDERING IMPROVEMENT AND PREPARATION OF PLANS, APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS) (e) CONSIDERATION FOR APPROVAL OF AMBULANCE PURCHASE FOR HUTCHINSON AREA HEAL TH CARE (t) CONSIDERATION FOR APPROVAL OF OUT-OF-STATE TRAVEL FOR BARRY GRIEVE TO ATTEND THE INTERNATIONAL CODE COUNCIL CONFERENCE IN SALT LAKE CITY, UTAH FROM SEPTEMBER 26 - 29, 2004 Motion by Arndt, second by Haugen, to approve consent agenda. Motion carried unanimously. 6. PUBLIC HEARINGS - 6:00 P.M. - NONE 7. COMMUNICATIONS, REQUESTS AND PETITIONS (a) CONSIDERATION FOR APPRO V AL OF YELLOW RIBBONS BEING PLACED THROUGHOUT CITY AS REQUESTED BY THE BOY'S CLUB 2 CITYCOUNCILMINUTES-AUGUST24,2004 Gary Plotz, City Administrator, stated that a concern of staff is a timeline as to when the ribbons will be removed. C.J. Schochenmaier, The Boy's Club, presented before the Council. Ms. Schochenmaier explained that the Boy's Club is a support group for the soldiers currently deployed to Iraq. Ms. Schochenmaier explained that the goal of The Boy's Club is to keep the yellow ribbons up until all soldiers have returned from Iraq, however The Boy's Club will comply with whatever date is established by the Council. They would at least like to have the ribbons up until the local troop returns home. Ms. Schochenmaier explained that the support group will take responsibility for maintaIning the ribbons. Ms. Schochenmaier stated that any citizen that would like to take part in hanging the ribbons can contact her or any member of The Boy's Club. Mayor Torgerson asked Ms. Schochenmaier if she would report again in October on the activities of the local battalIon. Motion by Stotts, second by Arndt, to approve the tying of yellow ribbons until the 682nd Battalion returns, at which time discussion will be held as to an extension of the yellow ribbons to remain hanging until all American soldiers are out ofIraq. Motion carried unanimously. 8. UNFINISHED BUSINESS (a) CONSIDERATION OF VACATION OF PARK ELEMENTARY PROPERTY (TO BE DEFERRED) Mayor Marlin Torgerson noted that an ad hoc committee has been meeting to discuss this issue. The meetings have been very productive however a final decision has not been made. Motion by Peterson, second by Stotts, to defer the decision of the request to vacate Park Elementary property to the first meeting in October or no later than October 20,2004. Motion carried unanimously. 9. NEW BUSINESS (a) CONSIDERATION OF ACCEPTING 2003 COMPREHENSIVE ANNUAL FINANCIAL REPORT Kyle Meyers, Abdo Abdo Eick & Meyers, presented before the Council. Mr. Meyers explained that a new reporting mechanism for cities has been put in place by the State of Minnesota. Mr. Meyers gave a summary of the City of Hutchinson's 2003 Comprehensive Annual Financial Report. Motion by Haugen, second by Peterson, to approve and accept the 2003 comprehensive annual financial report. Motion carried unanimously. (b ) CONSIDERATION OF 7 LOT FINAL PLAT TO BE KNOWN AS KOTTKE COURT SUBMITTED BY BRIAN BURGESS AND WESLEY FOSS WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (ADOPT RESOLUTION NO. 12508) Julie Wi schnack, Director of Planning/Zoning/Building, presented before the Council. Ms. Wi schnack explained that the Planning Commission has approved this item however a set of covenants needed to be revised. The covenants have been revised and submitted to the Council. Motion by Peterson, second by Stotts, to approve the final plat to be known as Kottke Court. Motion carried unanimously. (c) CONSIDERATION FOR APPROVAL OF PURCHASING ICE ARENA FROM HUTCHINSON HOCKEY ASSOCIATION Marc Sebora, City Attorney, stated that the agenda item is incorrectly stated, as the City already owns the ice arena. The action item is a request to approve to payoff a loan to Hutchinson Hockey Association and to also increase the rates to the Hockey Association for ice time. Motion by Peterson, second by Stotts, to approve paying off the loan to Hutchinson Hockey Association for 3 CITYCOUNCILMINUTES-AUGUST24,2004 the west ice arena. Motion carried unanimously. (d) ASSESSMENT ROLL NO. 5070 - LETTING NO.3, PROJECT NO. 04-03 (JEFFERSON STREET SE EXTENSION) - ADOPTING REVISED ASSESSMENT John Rodeberg, Director of Public Works, reminded the Council that at the last Council meeting an appeal had been filed by Tim and Becky Albrecht for the assessments on their property along Jefferson Street. Mr. Rodeberg stated that he has met with the Albrechts and have agreed that the assessments can be deferred until a portion of the property is sold or additional development occurs. The dollar amount of the assessments has not changed. In addition, another property owner on Jefferson Street, Wade and Tamra Rolf, have issues that they would like addressed by the CIty due to the improvement project on the street. The main issue of the Rolfs is the fact that they have lost a vast amount of their personal business due to two improvement projects on Jefferson Street. Mr. Rodeberg stated that he is committed to meeting with the Rolfs and working out issues that can be resolved. Marc Sebora, City Attorney, stated that the Rolfs are claiming some items of a financial nature. Because of that he has requested that they file a claim with the City's insurance trust, as standard procedure. Mr. Rodeberg made note of the issues with the Rolfs in the event another revised assessment roll is presented at a later Council meeting. Paul Betker requested the assessment information for this proj ect. Mr. Rodeberg stated he will provide it to him. Motion by Haugen, second by Stotts, to approve amended Assessment Roll No. 5070. Kay Peterson noted that more discussion could be held later due to the Rolfs' claims. Motion carried unanimously. (e) CONSIDERATION FOR APPROVAL OF ESTABLISHING LOCATION FOR TRAFFIC CONTROL DEVICES (PARK ELEMENTARY AREA SAFETY IMPROVEMENTS) John Rodeberg, Director of Public Works, presented before the Council. Mr. Rodeberg explained that city staff had met with the principal of Park Elementary in relation to safety issues around the school. One main safety issue is a concern on Glen Street. The group is recommending that Glen Street become a one-way southbound street. In addition, diagonal parkIng will be placed on the east side of Glen Street. Another unloading zone has been put in place on the south side of Second Avenue. In addition "No Parking" areas will be designated on Edmonton Avenue and Jefferson Street. Bill Arndt asked if anything could be incorporated at the corner ofLynn Road and W ashington Avenue. Mr. Rodeberg suggested placing a "Caution" sign at the corner to warn drivers of buses leaving Grove Street during designated hours. Motion by Stotts, second by Arndt, to approve Resolution No. 12515, establishing location for traffic control devices on Edmonton Avenue, Jefferson Street and for Park Elementary safety improvements. Motion carried unanimously. (t) CONSIDERATION FOR APPROVAL OF PURCHASE OF EASEMENT FOR STORMWATER PROTECTION (BETKER PROPERTY) Julie Wi schnack, Director of Planning/Zoning/Building, presented before the Council. Ms. Wi schnack reminded the Council that a decision needs to be made on the lot split request by Paul Betker. John Rodeberg reminded the Council that this property is located on 5th Avenue NW. This lot is currently a ponding area and could cause damage to other property owners if it was allowed to be developed. Mr. Rodeberg explained that a larger storm sewer has been installed and staff has been meeting with the developer for several months. Mr. Rodeberg recommends not splitting the lot, but allowing one structure to 4 CITYCOUNCILMINUTES-AUGUST24,2004 be built in the far southwest corner, and the City purchase an easement for $15,000 on another portion of the lot in order to improve drainage. By the City purchasing this area, the City can have the responsibility of maintaining it related to storm drainage and flooding. Approximately $25,000-30,000 will be spent by the City to improve this area of the lot. Mr. Rodeberg stated that surrounding property owners will still need to address specific property issues related to drainage. Jim Haugen asked Mr. Rodeberg about a detached garage being built on the lot. Mr. Rodeberg stated that plans will need to be reviewed and staff wi 11 attempt to work with both Mr. Betker and surrounding property owners. A detached garage will not be allowed to be built if it has an overall negative effect to the parcel. Marc Sebora, City Attorney, asked Mr. Rodeberg about liability issues related to the City purchasing an easement on this lot. Mr. Rodeberg stated that there is additional liability to the City, but the goal IS to preserve and improve the area. Deb and Scott Howell, neighbors to the property, presented before the Council. The Howells have concerns of excess water being placed on their property due to a structure being built on the currently vacant lot. Motion by Stotts, second by Arndt, to deny the lot split. Motion carried unanimously. Motion by Stotts, second by Haugen, to approve purchase of an easement on 5th Avenue for stormwater protection at a proposed rate of$15,000. Motion carried unanimously. (g) DISCUSSION OF SMOKING ISSUE Councilmember Casey Stotts requested that this item be placed on the agenda so that the entire City Council can request public feedback on what has been happening in other Minnesota cities regarding smoke free cities and counties. Denise Ertl, McLeod County Public Health, presented before the Council. Ms. Ertl distributed a packet of information put together by an organization of McLeod County in support of a smoke-free county. Ms. Ertl shared statistics and information regarding second hand smoke. Ms. Ertl offered the organization's support to assist the Council on a smoke free project. Mayor Torgerson shared information on other cities, states and countries that have adopted no smoking laws. Mayor Torgerson stated that this item should be addressed again in the very near future by the Council. Casey Stotts stated that when he first got on the Council he was told by the bar and restaurant owners that they wanted to take a smoke free project upon themselves. Mr. Stotts stated he is aware of only one establishment that has attempted to go smoke free and no other establishments have made an effort, or very little effort, therefore Mr. Stotts feels that the City should take it upon themselves to address the issue. Mr. Stotts asked the public to contact the council members on how to proceed on this issue. Mr. Arndt asked Denise Ertl if her organization has lobbied the private establishments about second hand smoke. Ms. Ertl stated that they have distributed information to private businesses regarding secondhand smoke. Kevin Johnson, citizen, encouraged the Council and other citizens to consider this as a serious health issue. Quinten Crambelt, citizen, presented before the Council. Mr. Crambelt voiced that he is encouraged that the Council is undertaking this issue again. Steve Cook, 728 Juul Road, presented before the Council. Mr. Cook asked that the Council consider a workplace ordinance as opposed just specifically to restaurants. (h) CONSIDERATION OF SETTING INFORMATIONAL MEETING TO REVIEW 2005 PRELIMINARY BUDGET AND TAX LEVY Ken Merrill, Finance Director, stated an informational meeting needs to be held to discuss the 2004 budget 5 CITYCOUNCILMINUTES-AUGUST24,2004 and tax levy prior to the next Council meeting. Motion by Peterson, second by Stotts, to set informational meeting to review 2005 preliminary budget and tax levy for September 7,2004, at 4:30 p.m. Motion carried unanimously. 10. MISCELLANEOUS (a) COMMUNICATIONS Kay Peterson - Ms. Peterson reminded the Council of the special meeting set for August 26, 2004, at 5: 3 0 p.m. at the City Center with the hospital board. 11. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS Motion by Peterson, second by Stotts, to approve claims, appropriations and contract payments. Motion carried unanimously. 12. ADJOURN With no further business to discuss, the meeting adjourned at 6:55 p.m. 6