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10-13-2004 CCM MINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL WEDNESDAY, OCTOBER 13, 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. Todd Ertsgaard, Oak Heights Covenant Church, delivered the invocation. 3. PLEDGE OF ALLEGIANCE 4. MINUTES (a) REGULAR MEETING OF SEPTEMBER 28,2004 Minutes were approved as presented. 5. CONSENT AGENDA (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. P ARKS, RECREATION & COMMUNITY EDUCATION BOARD MINUTES FROM SEPTEMBER 13, 2004 2. PIONEERLAND LIBRARY SYSTEM EXPENSE REPORT FOR AUGUST 2004 3. HUTCHINSON LIBRARY BOARD MINUTES FROM JULY 26, 2004 4. FIRE DEPARTMENT MONTHLY REPORT FOR SEPTEMBER 2004 (b) RESOLUTIONS AND ORDINANCES 1. RESOLUTION NO. 12533 - RESOLUTION ESTABLISHING INCOME GUIDELINES AND ASSET LIMITATIONS FOR SENIOR & DISABLED CITIZENS DEFERRED ASSESSMENTS AND SENIOR & DISABLED CITIZENS REDUCED REFUSE RATE 2. RESOLUTION NO. 12534 - RESOLUTION ACTIVATING DEFERRED ASSESSMENTS (c) REAPPOINTMENT OF JACK SANDBERG TO THE PIONEERLAND LIBRARY SYSTEM BOARD TO DECEMBER 2007 (d) CONSIDERATION FOR APPROVAL OF AMENDED AGREEMENT BETWEEN THE STATE OF MINNESOTA AND CITY OF HUTCHINSON FOR LANDSCAPE MATERIALS ALONG TRUNK HIGHWAY 15 (e) CONSIDERATION FOR APPROVAL OF AGREEMENT BETWEEN CITY OF HUTCHINSON AND THOMAS PARKER, FIXED BASE OPERATOR, FOR PROFESSIONAL SERVICE AT HUTCHINSON MUNICIPAL AIRPORT Motion by Peterson, second by Arndt, to approve consent agenda. Motion carried unanimously. 6. PUBLIC HEARINGS - NONE 7. COMMUNICATIONS, REQUESTS AND PETITIONS (a) UPDATE ON CREEKSIDE SOILS COMPOST FACILITY CITY COUNCIL AGENDA - OCTOBER 13, 2004 Steve Madson, General Manager of Creekside Soils, presented before the Council. Mr. Madson introduced Jeff Meehan, Sales and Marketing Consultant. Mr. Meehan gave a history of how he began to become involved with Creekside Soils. Mr. Meehan explained that the first year of production, 2002, was a struggle for the compost facility due to operation beginning late in the season. A mere 4500 bags of product were sold. In 2003, sales grew tremendously. In 2004, more products were introduced and sales have now reached over 830,000 bags. Creekside products are used across several states and sold in a multitude of avenues. 2005 is projected for sales to grow even more. Beyond 2006, several opportunities exist to gain more market share. Mayor Torgerson made note that the bags collected from various cities will not be stored along Adams Street as they were in the past. Mayor Torgerson also shared that the facility is actually attempting to keep up with product requests. Steve Madson, General Manager, presented before the Council. Mr. Madson explained recent improvements that have been made to the facility. These improvements include constructing an asphalt parking lot, static pile concept, mulch storage, bag redesign, and a new computer system. The yard waste received from Minneapolis will now be stored on the far most west side of the facility that is out of the general public's eye. Issues for the site include grinding plastics, inventory storage, high fuel costs, and Increasing the production of the blending line to 12 months a year. The forecast for 2005 sales is projected at a net profit of$150,000. The forecast for 2006 sales is projected at a net profit of$500,000. Mr. Madson commended Compost Site Coordinator, Doug Johnson, and other staff for the outstanding job they have done at the facility. Mr. Madson explained that approximately 20 truckloads come into the facility a day, during the busy season it can be up to 50 truckloads a day. The facility currently has 15-20 major customers. Mr. Madson also explained that runoff from the materials does not drain into the ponding area, but rather into the sanitary sewer system. 8. UNFINISHED BUSINESS (a) CONSIDERATION FOR APPROVAL OF RESOLUTION NO. 12467 APPROVING VACATION OF PORTION OF NORTH PARK (LOCATION OF PARK ELEMENTARY SCHOOL SITE) See agenda item 9( e). 9. NEW BUSINESS (a) CONSIDERATION FOR APPROVAL OF ELECTION JUDGE WAGE INCREASE Mayor Torgerson noted that our current election judges have been paid minimum wage for the past several years. Mayor Torgerson asked that city staff conduct a survey to see what other cities pay. Based upon the results, an increase in pay is being requested. Motion by Arndt, second by Haugen, to approve election judge wage increase to $6.50/hour for regular judges and $7.25/hour for head election judges. Motion carried unanimously. (b) CONSIDERATION OF FRANCHISE AGREEMENT FOR FENCE NEAR NORTHWOODS PARK John Rodeberg, Director of Public Works, presented before the Council. Mr. Rodeberg explained that a specific piece of property has continual trespassing of snowmobiles and vehicles. The property owner is requesting that a split rail fence be constructed where the City has placed posts. This agenda item request is to set a public hearing for October 26,2004, to discuss thIS franchise. Motion by Peterson, second by Arndt, to set public hearing for 6:00 p.m. on October 26,2004. Motion carried unanimously. (c) CONSIDERATION OF WATER TREATMENT PLANT VALUE ENGINEERING PROPOSALS John Rodeberg, Director of Public Works, presented before the Council. Mr. Rodeberg stated that because 2 CITY COUNCIL AGENDA - OCTOBER 13, 2004 of the construction of the new water plant, it has been discussed to have several consultants be brought into the project as a team to review specific areas of the project. This team will then report to the main consultant on the project to discuss changes and enhancements. Four separate consultants are being recommended. They include Dale Folen of the City of Minneapolis, Chris CaIffin of Howard R. Green, Dr. Herman Dharamgjah of Bolton & Menk and James Garber ofFTC&H. The total of these contracts totals $22,000. Motion by Peterson, second by Haugen, to approve entering into agreements with consultants to review water treatment plant project. Motion carried unanimously. (d) CONSIDERATION OF SETTING DATE IN DECEMBER FOR JOINT MEETING BETWEEN CITY COUNCIL AND HUTCHINSON UTILITIES FOR ANNUAL UPDATE Gary Plotz stated that the Utilities is recommending that the meeting be held the first half of December. This update will discuss current and future projects. Motion by Haugen, second by Stotts, to set joint meeting with Hutchinson Utilities Commission for December 9,2004, at 4: 15 p.m. at the Event Center. Motion carried unanimously. (e) CONSIDERATION FOR APPROVAL OF AGREEMENT BETWEEN THE CITY OF HUTCHINSON AND INDEPENDENT SCHOOL DISTRICT 423 FOR THE RETURN OF PARKLAND (LOCATION OF P ARK ELEMENTARY SITE) Mayor Torgerson explained that a Park Elementary Committee has been meeting for the last eight weeks to discuss the issue of the City of Hutchinson vacating the Park Elementary property. Mayor Torgerson read from the proposed agreement the intention of the agreement. The main intention is to revert the property back to park land eventually. The agreement describes how the vacation will take place and what will happen if the school district vacates the property. Ultimately, if the school district vacates the building, the property reverts back to the City of Hutchinson. Marc Sebora, City Attorney, presented before the Council. Mr. Sebora showed a survey of the original property that was requested to be vacated. This survey shows that the school district had requested additional property surrounding the school be vacated in order to square off the property for zoning purposes. Mr. Sebora then showed a new survey of the property that is now being considered for vacation. ThIS survey shows that basically it's the property that the school is currently sitting which includes two parcels that were originally deeded and then the portion of the building that was added on to the west side In the 1950s and will not include the piece ofland on the far south side of the building which was originally requested. Mayor Torgerson noted that if this agreement and resolution is passed, the school will have no future opportunity to occupy any more portions of this land. Mayor Torgerson also noted that once the building is no longer used for educational:purposes, the building reverts to the City. Marc Sebora also informed the group that if a portion of the bUIlding is demolished, that portion of the property must revert back to park land. Discussion was held regarding setbacks. The discussion centered around the fact that setbacks don't necessarily apply to this property because it is the only property on the block and no other structures can be built on the block. Marc Sebora explained that the resolution has been revised to illustrate the new legal description as portrayed on the new survey. Also a change was made to the legal description of the area in the agreement that refers to the parking lot on the property. Marc Sebora informed the Council that he is certain that the Council has authority to vacate this property by state statute and city charter. Council Member Stotts asked if the Council could grant a franchise to the school district for the building. Mr. Sebora stated that the City could do that, but that is not the school district's request or intention. Scott Nokes, School District Board Member, presented before the Council. Mr. Nokes explained that the school district's request for the City to vacate the property is basically to clear up title issues. The main intention is to revert this property back to park land. Mr. Nokes also stated that because there are title 3 CITY COUNCIL AGENDA - OCTOBER 13, 2004 issues, it causes restrictions for the school district. Mr. Nokes further stated that a franchise agreement has restrictions on it, which the school district is not requesting. The school district is asking the City to consider vacating the dedicated portion of park land that Park Elementary is currently sitting on. Upon Council Member Stotts's request, Marc Sebora explained how the school district could use the school via a franchise agreement. Mr. Sebora stated that a franchise agreement allows public property to be used for a private purpose. The City Charter allows for franchises to be granted for a maximum of 20 years. The School District's main concern is the title issues. A franchise agreement does not clear up title issues as the land will still be in the City's name. Mr. Nokes explained that the main goal of the school district is to have clear title to the property. A franchise agreement does not allow for clear title to the property. Mayor Torgerson noted that the Committee spoke about granting a franchise at almost every meeting. Council Member Stotts asked if a franchise agreement could also encompass the land reverting to the City once it is not used by the school any longer. Marc Sebora stated it could, but again, the School Board would not be in agreement with havIng a franchise granted to them. Sandy McCormick presented before the Council. Ms. McCormick stated that she was a part of the committee and voted against the City vacating this property and she thinks the school district should take the City to court and have a judge decide the vacation. Ms. McCormick read several attorney's opinions on the vacation of this property. These opinions declared that the property could not be vacated. Ms. McCormick expressed that she strongly feels the City should grant a franchise to the school district and not vacate the property. Marc Sebora stated that some of the attorney's opinions mentioned relate to specific purposes. Bridgett Peller, 26 Grove Street, presented before the Council. Ms. Peller asked of the school district why they are spending money to have clear title decided when it will revert to park land anyway. Mr. Nokes stated that the school district does not want any risks associated with to whom owns the property. Money could be a problem for capital improvements if the property remains as it currently is (i.e. trust of the City). Improvement projects could be halted if a citizen raises an issue as to the school sitting on dedicated park land. Council Member Peterson asked if this vacation is denied, what is the bottom line. Marc Sebora stated that if the agreement is approved, it allows control of the destiny of the property. If the Council denies the vacation request, the School District will go to Court to have a judge decide the title issues and the City then has little to no control of the future of the property. Steve Cook, 728 Juul Road, presented before the Council. Mr. Cook explained that the legal opinions mentioned only add confusion to the issue. Mr. Cook added further explanation to the legal opinions Ms. McCormick referenced. Mr. Cook informed the Council that these legal opinions contradict each other. Council Member Stotts stated that he recalls the major concerns of the last public hearing was what would happen when the school is no longer used as a school. The proposed agreement seems to answer those questions. Motion by Arndt, second by Stotts, to approve Resolution No. 12467 vacating the Park Elementary property. A roll call vote was taken. Haugen - aye; Arndt - aye; Peterson - nay; Stotts - aye; Torgerson- aye. Motion carried 4 to 1. 10. MISCELLANEOUS (a) COMMUNICATIONS 1. DISCUSSION OF MOTORIZED SCOOTER ORDINANCE Dan Hatten, Director of Emergency Services, presented before the Council. Mr. Hatten asked that discussion be held regarding motorized scooters. Mr. Hatten explained what a motorized scooter is. These scooters can operate up to 20 mph. Mr. Hatten explained that he has concerns regarding that the 4 CITY COUNCIL AGENDA - OCTOBER 13, 2004 scooters are completely unregulated. They can be ridden by anyone of any age with no equipment required. Mr. Hatten proposed a draft ordinance that prohibits motorized scooters from city streets, sidewalks and trails. Overall, other cities that do regulate these scooters prohibit them entirely. Mr. Hatten would like the Council to entertain considering an ordinance. Mayor Torgerson did question whether or not motorized devices for the handicapped would be included in this ordinance. Mr. Hatten seemed to think that those types of devices would be exempt. The Council stated that this item could be considered at a future councIl meeting at a public hearing. Motion by Peterson, second by Arndt, to set public hearing to discuss motorized scooter ordinance for October 26,2004, at 6:00 p.m. Motion carried unanimously. 2. CONSIDERATION OF RESOLUTION NO. 12535 AND 12536 John Rodeberg explained that at a previous Council meeting the purchase of property from First Federal was approved for ponding. Part of the agreement was that the assessments would be removed from First Federal's tax roll. The assessments were inadvertently included on the last assessment roll approved and a revised assessment rolls needs to be approved. Motion by Arndt, second by Haugen, to approve revised assessment roll. Motion carried unanimously. 3. CONSIDERATION FOR APPROVAL OF VFW AUXILIARY GAMBLING LICENSE This license was brought to the City Center today and the applicant asked that the Council consider it at tonight's meeting. The gambling event will be held November 24,2004, at the VFW. Motion by Arndt, second by Peterson to approve. Motion carried unanimously. Marc Sebora - Mr. Sebora mentioned that G. Barry Anderson was sworn in today as Supreme Court Justice. The ceremony was very nice and many comments were related to Anderson's strong ties to the City of Hutchinson. Gary Plotz - Mr. Plotz mentioned that he and other council members and staff had attended the League of Minnesota Cities Conference this past week. One idea that he had brought back from the Conference was from something the city of St. Peter currently does. In order to better communicate with the public, St. Peter city officials and staff hold one to two informal meetings a year where the public can come in and meet the officials and staff and ask questions. Mr. Plotz suggested Hutchinson doing something similar and perhaps coordinating it with the City's sesquicentennIal celebration. The Council was in agreement with this idea. 11. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS Motion by Peterson, second by Stotts, to pay claims, appropriations and contracts. Motion carried unanimously. 12. ADJOURN With no further business to discuss, the meeting adjourned at 8:00 p.m. MarlIn Torgerson, Mayor ATTEST: Gary Plotz, City Administrator 5