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06-14-2005 CCM MINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, JUNE 14,2005 1. CALL TO ORDER - 5:30 P.M. Mayor Steve Cook called the meeting to order. Members present were Bill Arndt, Kay Peterson, Jim Haugen and Casey Stotts. Others present were Gary Plotz, City Administrator, Marc Sebora, City Attorney and John Rodeberg, Director of Public Works. 2. INVOCATION - Due to the absence of Rev. James Rainwater, Seventh Day Adventist Church, the invocation was dispensed. 3. PLEDGE OF ALLEGIANCE 4. MINUTES (a) REGULAR MEETING OF MAY 24,2005 (b) SPECIAL MEETING OF MAY 31, 2005 Motion by Haugen, second by Arndt, to approve minutes as presented. Motion carried unanimously. 5. CONSENT AGENDA (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. PIONEERLAND LIBRARY SYSTEM BOARD MINUTES FROM APRIL 21, 2005 2. FIRE DEPARTMENT MONTHLY REPORT FOR MAY 2005 3. PUBLIC LIBRARY BOARD MINUTES FROM APRIL 25, 2005 4. PARKS, RECREATION & COMMUNITY EDUCATION BOARD MINUTES FROM APRIL 4, 2005 5. BUILDING DEPARTMENT MONTHLY REPORT FOR MAY 2005 (b) RESOLUTIONS AND ORDINANCES 1. RESOLUTION NO. 12447 - AMENDED RESOLUTION APPROVING A PRELIMINARY PLAT AND PLANNED DEVELOPMENT DISTRICT TO BE KNOWN AS COMMUNITY OF LAKERIDGE SUBMITTED BY CHUCK ANDERSON 2. RESOLUTION NO. 12495 - AMENDED RESOLUTION APPROVING A FINAL PLAT TO BE KNOWN AS WELCOME TO OUR HOME SECOND ADDITION SUBMITTED BY DEAN BLOEMKE AND DALE TAUER 3. RESOLUTION NO. 12741-RESOLUTIONFORPURCHASE(POLYBAG ROLLS AND PERMIT CONSUL TING) 4. ORDINANCE NO. 05-0406 & 05-0407 - CONSIDERATION OF A PLANNED DEVELOPMENT DISTRICT TO BE KNOWN AS SUMMERSET FOURTH ADDITION LOCATED IN THE SUMMERSET THIRD ADDITION PLAT (SECOND READING AND ADOPTION) 5. ORDINANCE NO. 05-0408- AN ORDINANCE AUTHORIZING THE SALE OF CITY-OWNED LAND TO TODD MALENKE, MIDWEST TAE KWON DO (SECOND READING AND ADOPTION) CITY COUNCIL MINUTES - JUNE 14, 2005 6. ORDINANCE NO. 05-0409 - CONSIDERATION OF REZONING FROM R1 TO R2 SUBMITTED BY BRANDON FRASER LOCATED SOUTH OF MCDONALD DRIVE SW (SECOND READING AND ADOPTION) (c) CONSIDERATION FOR APPROVAL OF OUT-OF-STATE TRAVEL FOR SGT. DOUG JOHNSON AND SGT. CHRIS DOBRATZ TO ATTEND TRAINING (d) CONSIDERATION FOR APPROVAL OF COMMERCIAL REFUSE HAULING LICENSE FOR TCW DISPOSAL (e) CONSIDERATION FOR APPROVAL OF TRANSIENT MERCHANT LICENSE FOR VALENTIN CIRIACO TO OPERATE AN ICE CREAM TRUCK (t) CONSIDERATION FOR APPROVAL OF TRANSIENT MERCHANT LICENSE FOR MOHAMMED MANSOUR TO OPERATE AN ICE CREAM TRUCK (g) CONSIDERATION FOR APPROVAL OF SHORT-TERM GAMBLING LICENSE FOR DUCKS UNLIMITED ON SEPTEMBER 7,2005, AT CROW RIVER GOLF CLUB (h) APPOINTMENT OF DAN CARLSON TO HRA BOARD TO AUGUST 2007 (REPLACING BRIG KNOTT) (i) CONSIDERA TON FOR APPROVAL OF ISSUING DANCE PERMIT TO KAY PETERSON FOR THE HUTCHINSON TIGER 2005 ALL SCHOOL REUNION ON JULY 2,2005, AT MCLEOD COUNTY FAIRGROUNDS (j) CONSIDERATION OF AGREEMENT WITH DOW CHEMICAL FOR WATER TREATMENT PILOT TESTING (k) CONSIDERATION OF PART-TIME PERMANENT W ATERIW ASTEW ATER SECRETARY POSITION (1) LETTING NO. 18, PROJECT NO. 05-22 (WASTEWATER TREATMENT FACILITY IMPROVEMENTS) ORDERING PREPARATION OF REPORT - RECEIVING REPORT AND WAIVING HEARING ON IMPROVEMENT ORDERING IMPROVEMENT AND PREPARATION OF PLANS - APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS (m)LETTING NO. 10, PROJECT NO. 05-12 (PLAZA 15 PARKING LOT) - PETITION FOR LOCAL IMPROVEMENT - AGREEMENT OF ASSESSMENT, WAIVER OF HEARING AND WAIVER OF IRREGULARITY AND APPEAL Items 5(b)3, 5(c), 5(e), 5(t), 5(i), 5(k), and 5(m) were pulled for further discussion. Motion by Arndt, second by Stotts, to approve consent agenda with the exception ofItems 5(b )3, 5( c), 5( e), 5(t), 5(i), 5(k) and 5(m). Motion carried unanimously. 5(b)3 - Mayor Cook asked about the consulting permit that was included on the resolution for purchase. Gary Plotz explained that this consulting fee is to apply for a permanent permit to replace the temporary permit for the Minneapolis hauling contract, which is a requirement of the contract. It has been recommended to hire a consultant to complete the permitting application process. Mr. Plotz further explained that the specifications ofthe contract have evolved since mitial inception and much more work is part of the application process. Mayor Cook suggested using the information from the original permit application and the temporary application to apply to the permanent permit application and not do rework if it could be avoided. Mayor Cook also thought there was sufficient time to look at this issue closer. Kay Peterson stated that she would hate to have the permit application completed incorrectly just as a cost saving 2 CITY COUNCIL MINUTES - JUNE 14, 2005 measure. Motion by Peterson, second by Haugen, to approve Resolution No. 12741. Mayor Cook stated he would prefer that the previous applications be used as much as possible to apply to the permanent application and save money on consultant fees. Discussion was held regarding the costs of putting together an application. A roll call vote was taken: Haugen - aye; Arndt - aye; Peterson - aye; Stotts - aye; Cook - nay. Motion carried 4 to 1. Item 5( c) - Mayor Cook asked questions about the travel necessity for Sgt. Doug Johnson to attend physical fitness training in Texas. Police Chief Dan Hatten explained that Sgt. Johnson is the physical fitness coordinator for the department. As part of that position, he needs to maintain training. The type of training that Sgt. Johnson will attend does not bring the training on-site, but the trainees need to visit the training facilities. Motion by Arndt, second by Haugen, to approve travel authorization for Sgt. Doug Johnson to attend out-of- state training in Dallas, TX. Mayor Cook stated that he feels the training program probably hasn't changed too much in the past years and training could possibly be found in-state. A roll call vote: Haugen - aye; Arndt - aye; Peterson - aye; Stotts - aye; Cook - nay. Motion carried 4 to 1. Item 5(e) & 5(t) - Bill Arndt noted that he had seen an ice cream truck a month or so ago traveling on the streets. He asked if that truck was licensed to do so. City Attorney Sebora stated that no other transient merchant licenses had been issued to ice cream vendors, so that operator was operating illegally. Motion by Peterson, second by Stotts, to approve transient merchant licenses for Mohd Mansour and Valentin Ciriaco to operate ice cream trucks on city streets. Motion carried unanimously. Motion by Arndt, second by Haugen, to approve travel authorization for Sgt. Doug Johnson to attend out-of- state training in Dallas, TX. Mayor Cook stated that he feels the training program probably hasn't changed too much in the past years. Roll call vote: Haugen - aye; Arndt - aye; Peterson - aye; Stotts - aye; Cook - nay. Motion carried 4 to 1. Item 5(i) - Kay Peterson noted that this permit is for a dance that will be held for the All School Reunion. Peterson stated she will abstain from this vote. Motion by Haugen, second by Arndt, to approve the dance permit issued to Kay Peterson for the All School Reunion. Motion carried unanimously. Item 5(k) - Mayor Cook asked why initially this position was hired as a temporary position. John Rodeberg explained that as part of the reorganization that was done last year by the consultant, it was recommended that a secretarial position be hired. Because at that time it was unclear as to the roles and responsibilities of the positions within the reorganization, the position was hired temporarily. Now, because of additional tasks that will be acquired at the water treatment plant, it is proposed that the position become permanent. Motion by Arndt, second by Stotts, to approve the part-time permanent Water/Wastewater Secretary position. Motion carried unanimously. Item 5(m) - Mayor Cook noted that the bids have not been received yet. John Rodeberg explained that normally when bids are called for they are then awarded a few weeks down the road. Due to the condition of the parking lot, the hospital is waiving the assessment hearing and requesting that the City award the bid and apply assessments without a hearing. Motion by Peterson, second by Arndt, to approve Letting No. 10, Project No. 05-12 (Plaza 15 parking lot). Motion carried unanimously. 6. PUBLIC HEARINGS - 6:00 P.M. (a) CONSIDERATION FOR APPROVAL OF ISSUING HOUSING BONDS FOR SENIOR HOUSING AND ENTERING INTO JOINT POWERS AGREEMENT WITH CITY OF FALCON HEIGHTS 3 CITY COUNCIL MINUTES - JUNE 14, 2005 Ken Merrill, Finance Director, presented before the Council. Mr. Merrill explained that this matter is to allow for the City of Falcon Heights to issue housing bonds for a senior housing unit known as "The Pines". Mr. Merrill explained that the City of Hutchinson would authorize the issuance of these bonds, but the bonds would not carry their name, however would allow for the non-profit group to finance its project. The City of Hutchinson would receive a fee of$20,000 and out-of-pocket expenses from the non-profit group. Motion by Arndt, second by Peterson, to close public hearing. Motion carried unanimously. Motion by Arndt, second by Stotts, to approve entering into joint powers agreement with the City of Falcon Heights, with a date correction made to the document. Motion carried unanimously. Motion by Haugen, second by Stotts, to set fee of$20,000 to the City of Hutchinson, plus all out-of-pocket expenses. Motion carried unanimously. (b) CONSIDERATION FOR APPROVAL OF ADOPTING HUTCHINSON WELLHEAD PROTECTION PLAN Julie Wischnack, Director ofPlanning/ZoninglBuilding, and Dick Nagy, Water Systems Superintendent, presented before the Council. Ms. Wischnack explained that this plan basically covers the concerns a City may have for contamination of drinking water pollution. Ms. Wischnack noted that all public water suppliers must comply with the Plan. Ms. Wischnack further covered the steps used in preparing the Plan. An actual Drinking Water Management Area has been identified for state regulatory purposes. Dick Nagy noted that if a Plan is not adopted, the City will be in violation of state regulations. Motion by Arndt, second by Peterson, to close public hearing. Motion carried unanimously. Motion by Haugen, second by Arndt, to adopt Hutchinson Wellhead Protection Plan. Kay Peterson thanked all parties for working on this plan. Motion carried unanimously. (c) ASSESSMENT HEARING - LETTING NO.7, PROJECT NO. 05-07, 05-08 & 05-09 (MICHIGAN STREET, STREET REPAIRS AND 2ND AVENUE SW) - ADOPTING ASSESSMENT, ACCEPTING BID & AWARDING CONTRACT Kent Exner, City Engineer, presented before the Council. Mr. Exner explained that this Letting No. consists of a total project cost of $294,000. Mr. Exner further noted that the assessments will be split 50/50 on the 2nd Avenue and Michigan Street projects. The railroad crossing improvements will by paid by the City. Because of a very low bid, the assessments will be much lower than preliminary estimates indicated. The final completion ofthe project is specified as July 29,2005. John Rodeberg noted that initially both ofthese projects were scheduled to be complete reconstruction, however due to neighborhood requests, only repairs will be done. Jim Heller, 155 Illinois Avenue, presented before the Council. Mr. Heller explained that he is in favor of this project. Motion by Peterson, second by Arndt, to close public hearing. Motion carried unanimously. Motion by Peterson, second by Haugen, to adopt assessment, accept bid and award contract on Letting No. 7, Project No. 05-07, 05-08 & 05-09. Motion carried unanimously. (d) ASSESSMENT HEARING (6:30 P.M.) - LETTING NO.4, PROJECT NO. 05-04 & 05-05 (DOWNTOWN STREETSCAPE AND WASHINGTON AVENUE WEST) - ADOPTING ASSESSMENT, ACCEPTING BID & AWARDING CONTRACT Marc Sebora, City Attorney, presented before the Council. Mr. Sebora explained that legal action was commenced against the City of Hutchinson by Duininck Bros. claiming that the City illegally altered numbers on the low bidder's bid. As part ofthe lawsuit, Duininck Bros. filed an injunction against the City pr?hibi~ing them from awarding the bid to EAI, the low bidder. A judge ruled today in favor of the lllJunctlOn. 4 CITY COUNCIL MINUTES - JUNE 14, 2005 John Rodeberg explained that if the Council would choose to award the bid to the second low bidder, it would delay the project approximately one month. Mr. Rodeberg feels that there are irregularities on all the bids and is recommending that all bids be rejected and the project be rebid. Chris Duininck, Duininck Bros, presented before the Council. Mr. Duininck explained that his company never intended to take legal action against the City. Mr. Duininck stated that his company would like to do the project and their bid is still below the engineer's estimate. The project could be awarded to them without further delay taking place. Jim Heller voiced his support of the downtown improvement project. Motion by Peterson, second by Arndt, to close public hearing. Motion carried unanimously. Motion by Stotts, second by Haugen, to reject all bids on Letting No.4, Project No. 05-04 & 05-05. Motion carried unanimously. Motion by Arndt, second by Stotts, to authorize readvertising for bids on Letting No.4, Project No. 05-04 & 05-05. Motion carried unanimously. 7. COMMUNICATIONS. REQUESTS AND PETITIONS (a) DISCUSSION OF CEMETERY ENCROACHMENT AND FENCING POLICIES John Rodeberg, Director of Public Works, presented before the Council. Mr. Rodeberg explained that at the last meeting an issue came uQ regarding a fence being constructed along property lines that abut the cemetery. Mr. Rodeberg clanfied that surveying was being done, but no construction is planned for the immediate future, other than an area by Greencastle. Overall, there are encroachment issues that need to be discussed. Casey Stotts recommended that an aerial map be provided to neighboring property owners, showing where the screening plans to be put in place. 8. UNFINISHED BUSINESS 9. NEW BUSINESS (a) CONSIDERATION OF CITY OF HUTCHINSON'S COMPREHENSIVE/LIABILITY COVERAGE Ken Merrill, Finance Director, presented before the Council. Mr. Merrill explained that the League of Minnesota Cities requires formalized agreement of the Council for the coverage limits for comprehensive/liability coverage. The City's Risk Manager and City Attorney recommend that the City retain the current liability of coverage of $1 ,000,000. Ken Merrill also noted that the League of Minnesota Cities offers medical coverage of $1 000. Historically the City has not had this coverage. Motion by Arndt, second by Peterson, to approve City of Hutchinson's comprehensive/liability coverage. Motion carried unanimously. (b) CONSIDERATION FOR APPROV AL OF MARKET AMENDMENT TO THE CITY OF HUTCHINSON COMPENSATION PLAN PROJECT Brenda Ewing, Director of Human Resources, presented before the Council. Ms. Ewing explained that at the last City Council meeting the Council approved the market to be used for the City of Hutchinson's compensation plan project. At the Mayor's request, an amendment is being recommended. This amendment will include adding the City of North field to compare all position classifications and adding the cities of Red Wing and New Ulm to compare non-exempt position classifications. Motion by Peterson, second by Stotts, to approve market amendment to the City of Hutchinson compensation plan project. Motion carried unammously. 5 CITY COUNCIL MINUTES - JUNE 14, 2005 ( c) PRESENTATION BY TOM KLOSS, DIRECTOR OF INFORMATION TECHNOLOGY, ON UPDATES TO CITY OF HUTCHINSON WEB SITE Tom Kloss, Director of Information Technology, presented before the Council. Mr. Kloss gave a demonstration on the updates made to the Event Center page on the City's web site. Mr. Kloss also reviewed a new feature called RequestPartner, which allows for in-house and citizens requests to be made to city staff. (d) PRESENTATION BY TOM KLOSS, DIRECTOR OF INFORMATION TECHNOLOGY, ON CITY COUNCIL OBJECTIVE OF MARKETING COMMUNITY FACILITIES Tom Kloss, Director ofInformation Technology, presented before the Council. Mr. Kloss reviewed the goal statement of Marketing Community Facilities that he was assigned to as Team Leader. Mr. Kloss presented on the first milestone that has been reached which was to inventory Hutchinson's current marketmg tools. Mr. Kloss gave a complete inventory on the events that took place in Hutchinson in 2004/2005 through the Chamber of Commerce, CVB and PRCE. Marc Vaillancourt, President of Chamber of Commerce and Convention and Visitors Bureau, presented before the Council. Mr. Vaillancourt gave an overview on the recent changes with the Chamber and CVB and their function. Their main function is to be an ambassador for the City. Mr.Vaillancourt also spoke briefly about a new upcoming web site called www.explorehutchinson.com. (e) PRESENTATION BY KENT EXNER, CITY ENGINEER, ON CITY COUNCIL OBJECTIVE OF LOCAL TRAFFIC FLOW AND SAFETY Kent Exner, City Engineer, presented before the Council. Mr. Exner reviewed the goal statement oflocal traffic flow and safety. Part of the objectives of this goal is to distribute a questionnaire and survey to the public on local traffic issues. Discussion was held on the best way to distribute a survey. (f) CONSIDERATION OF REJECTING BIDS FOR 2005 AIRPORT IMPROVEMENTS - LETTING NO. 6A1PROJECT NO. 05-20 (ELECTRICAL SYSTEM AND MISCELLANEOUS IMPROVEMENTS) AND LETTING NO. 6B/PROJECT NO. 05-21 (FUELING SYSTEM) John Rodeberg, Director of Public Works, presented before the Council. Mr. Rodeberg explained that the City receives approximately $650,000 per year for safety airport improvements. The bids for improvements came in much higher than estimated this year, as well as priority issues from MNDOT and the Federal Aviation Administration. Staff will redesign and rebid the project later this year. Motion by Arndt, second by Peterson, to reject bids for 2005 airport improvements, Letting No. 6A, Project No. 05-20 and Letting No. 6B, Project No. 05-21. Motion carried unanimously. (g) CONSIDERATION OF RESOLUTION AUTHORIZING PLACEMENT OF TRAFFIC CONTROL DEVICES (PEDESTRIAN SIGNING NEAR RECREATION CENTER AND LINDEN PARK) John Rodeberg, Director of Public Works, presented before the Council. Mr. Rodeberg explained that Linden Park is one of the highest utilized by small children. Because of this, staff is recommending high visibility fluorescent yellow pedestrian signs being placed on Sunset Street and Harrington Street adjacent to the park. It was noted that signage placement on the resolution needs to be changecf from 300' to 30'. Motion by Stotts, second by Peterson, to authorize placement oftraffic control devices on Sunset Street and Linden Avenue. Motion carried unanimously. (h) CONSIDERATION OF SETTING PUBLIC MEETINGS: . JUNE 16,2005, CENEX AG PUMP DAYS, 9:00 A.M. - 3:00 P.M. . JUNE 21, 2005, JOINT MEETING WITH PLANNING COMMISSION & JOINT PLANNING COMMISSION - 8:00 P.M. 6 CITY COUNCIL MINUTES - JUNE 14, 2005 Kay Peterson noted that it may not be an issue to set public events as public meetings. Motion by Arndt, second by Stotts, to set public meetings for June 16, 2005, for Cenex Ag Pump Days and June 21, 2005, for j oint meeting with Planning Commission & Joint Planning Commission. Motion carried unanimously. 10. MISCELLANEOUS (a) COMMUNICATIONS 1. CHANGE ORDER NO.1, LETTING NO.1, PROJECT NO. 05-01 John Rodeberg stated this is for the pipe by VMF Park. An additional $7500 has been added to the project. Motion by Peterson, second by Haugen, to approve Change Order No.1. Motion carried unanimously. Bob Link, 1025 Jefferson Street, presented before the Council. Mr. Link asked about building permit regulations. Julie Wischnack explained that Mr. Link was issued a building permit in August 2004, with no survey attached to his application. Ms. Wischnack stated that there was a 20' easement on the east side of the property that was unbeknownst to the applicant and the City. Upon discovery, construction of the garage is proposed to be built over a storm sewer line. A stop-work order was issued on the permit. The City can refund his building permit fees and have allowed him some time to consider moving the construction to a different location on the property. Mr. Link explained that tar/concrete has been cut already and all the materials have been purchased for this project. Ms. Wischnack explained that Mr. Link can file an insurance claim to recoup his costs. Kent Exner, City Engineer, eXplained that a storm sewer pipe is on center ofthe 20' easement. The pipe is 8 to 10 feet deep. If there would ever be a need to repair the pipe, the entire easement would be needed to get access to the pipe. Marc Sebora, City Attorney, stated that there are two different issues. The building permit allowed him to build a structure and the responsibility is on the applicant to identifY any encroachments. However, the City has the right to utilize the easement. An option would be to allow the construction, but have a contingency that should the City need to repair the pipe, any damages or moving of the structure is on the property owner. John Rodeberg noted that it would be a tremendous cost if the garage had to be removed. The Council asked that city staff work with Mr. Link on the issue. Gary Plotz - Mr. Plotz spoke about the refuse contract that will expire on October 1 st of this year with the current contractor, Waste Management. The City has been waiting for the County to decide if they are going to take over recycling. They have not taken any formal action on this. Waste Management has contacted the City and requested renewal for three years. Waste Management would like to meet with him and city officials on this issue. Another firm has show interest, West Central Sanitation, and Mr. Plotz feels they should be met with too. Bill Arndt and Steve Cook will be the Council reps to discuss this issue. Mr. Plotz then stated that the Police Commission met last week. The Commission reviewed their roles and responsibilities as a Commission. Because ofthe growth ofthe City since the inception ofthe Commission, city staff has overtaken some of the roles of the Commission. The Police Commission would like to compare how other city's Police Commissions are structured. Mr. Plotz stated that city staff has raised concerns over better communication with the City Council. It has been suggested to hold quarterly meetings with the directors and Council, possibly on Wednesdays from 9:00 am. - 12 noon. Mayor Cook noted this would be a good way for the directors to give more timely updates to the City Council. Kay Peterson stated she has concerns about taking time away from the 7 CITY COUNCIL MINUTES - JUNE 14, 2005 director's and Council's work day. It was also noted that for focused workshops, all directors do not need to attend. Mr. Plotz reminded the Council that the City will be getting additional revenues for spearheading the issuance of the housing bonds for The Pines. Mayor Cook suggested using these additional revenues to reimburse the Jaycees for the donation ofthe cones and barricades. It was noted that the Jaycees may have received a direct donation for purchase of cones and barricades and this should be researched. It was also suggested that this money be put into an account for mosquito control equipment. Discussion was held about ways to reimburse the Jaycees. John Rodeberg - Mr. Rodeberg noted that there was a major sewer line break last Friday night. The break occurred in an old pipe that runs under Tartan Park and the Crow River. Major damage was done to a lift station. Mr. Rodeberg thanked all employees and Rickert Excavating for taking care of the matter. Mr. Rodeberg also stated that the City's federal legislators have indicated good signs ofthe City receiving some funding for the dam reconstruction project. Short-term repairs may need to be done to the dam soon. Steve Cook - Mayor Cook noted that he was privileged to be part of the ceremony for the Welcome Home for the troops returning from Iraq that was held on Saturday. Mayor Cook also noted that John Ratzenberger, formerly of "Cheers" was at 3M today doing a focus on Scotch tape for a television show he hosts. 11. CLAIMS. APPROPRIATIONS AND CONTRACT PAYMENTS Motion by Peterson, second by Arndt, to pay claims, appropriations and contract payments. Motion carried unanimously. 12. ADJOURN With no further business to discuss, a motion was made by Stotts, seconded by Peterson, to adjourn at 8:30 p.m. 8