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06-28-2005 CCM MINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, JUNE 28, 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 JUNE 14,2005 (b) BID OPENING MINUTES OF JUNE 17 AND JUNE 22, 2005 Motion by Peterson, second by Stotts, to approve the minutes as presented. Motion carried unanimously. 5. CONSENT AGENDA (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. AIRPORT ADVISORY COMMISSION MINUTES FROM APRIL 12 AND MAY 17,2005 2. WATER, SEWER, COMPOST, RECYCLING, REFUSE FINANCIAL REPORT FOR MAY 2005 3. CITY OF HUTCHINSON GENERAL FUND FINANCIAL REPORT FOR MAY 2005 4. CITY OF HUTCHINSON INVESTMENT REPORT FOR MAY 2005 5. HUTCHINSON AREA HEALTH CARE BOARD MINUTES FROM MAY 17, 2005 6. PLANNING COMMISSION MINUTES FROM MAY 17,2005 (b) RESOLUTIONS AND ORDINANCES 1. RESOLUTION NO. 12752 - RESOLUTION TO SELL AT AUCTION COMPUTER EQUIPMENT DECLARED UNUSEABLE BY THE CITY ( c) PLANNING COMMISSION ITEMS 1. CONSIDERATION OF A CONDITIONAL USE PERMIT TO ALLOW SALE OF FIREWORKS IN THE WALMART PARKING LOT LOCATED AT 1300 HWY 15 SOUTH WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (ADOPT RESOLUTION NO. 12743) 2. CONSIDERATION OF A CONDITIONAL USE PERMIT TO ALLOW VETERINARY CLINIC, PET EXERCISE YARD AND PET WASH IN THE C5 (CONDITIONAL COMMERCIAL) DISTRICT LOCATED AT 271_3RD AVE NW WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (ADOPT RESOLUTION NO. 12744) CITY COUNCIL MINUTES - JUNE 28, 2005 3. RECONFIRMATION OF THE FUTURE DEVELOPMEMT PORTION OF ROLLING MEADOWS EAST PRELIMINARY PLAT AND CONSIDERATION OF FIRST ADDITION TO ROLLING MEADOWS EAST 14 LOT FINAL PLAT WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (ADOPT RESOLUTION NO. 12745) 4. CONSIDERATION OF A ONE LOT PRELIMINARY PLAT TO BE KNOWN AS CORNERSTONE COMMONS AND CONDITIONAL USE PERMIT SUBMITTED BY CHRISTIAN OCHSENDORF FOR DEVELOPMENT OF A MIXED USE RETAIL PROJECT WITH A DRIVE-THRU SERVICE WINDOW LOCATED AT 104 MAIN STREET NORTH WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (ADOPT RESOLUTION NO. 12746) 5. CONSIDERATION OF A ONE LOT PRELIMINARY AND FINAL PLAT TO BE KNOWN AS OTTER HILLS ADDITION SUBMITTED BY DAVE AND SARAH HANSEN 690 LAKEWOOD DRIVE SW WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (ADOPT RESOLUTION NO. 12747) 6. CONSIDERATION OF A 20 LOT FINAL PLAT TO BE KNOWN AS PARK MEADOWS SUBMITTED BY SAND PROPERTIES WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (ADOPT RESOLUTION NO. 12749) 7. CONSIDERATION OF A SIX LOT FINAL PLAT TO BE KNOWN AS CLEVELAND CORNERS SUBMITTED BY JAY PETTIT WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (ADOPT RESOLUTION NO. 12750) 8. CONSIDERATION OF A TWO LOT FINAL PLAT TO BE KNOWN AS FRASER'S SUBDIVISION SUBMITTED BY BRANDON FRASER WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (ADOPT RESOLUTION NO. 12751) 9. CONSIDERATION OF REVISED RESOLUTION NO. 12719 REGARDING CULVER'S PARKING LOT (d) CONSIDERATION FOR APPROVAL OF SHORT-TERM 3.2 MALT LIQUOR LICENSE FOR RC PROMOTIONS ON JULY 15 & 16,2005, AT MCLEOD COUNTY FAIRGROUNDS (e) CONSIDERATION FOR APPROVAL OF SHORT-TERM GAMBLING LICENSE FOR HUTCHINSON EAGLES AUXILIARY ON OCTOBER 20,2005, AT MCLEOD COUNTY FAIRGROUNDS (f) CONSIDERATION FOR APPROVAL OF TRANSIENT MERCHANT LICENSE FOR DEAN SCHLUETER TO OPERATE A TEMPORARY GREEN HOUSE IN THE HUTCHINSON MALL PARKING LOT (g) CONSIDERATION FOR APPROVAL OF TRANSIENT MERCHANT LICENSE FOR RANDY HERMAN TO SELL FIREWORKS FROM JUNE 29 - JULY 4, 2005, IN THE W ALMART PARKING LOT (h) CONSIDERATION FOR APPROVAL OF ISSUING MOTORIZED GOLF PERMIT TO SHIRLEY BASSEN (i) LETTING NO.8, PROJECT NO. 05-10 (GOLF COURSE ROAD NW) - DECLARING COST TO BE ASSESSED, ORDERING PREPARATION OF PROPOSED ASSESSMENT AND SETTING HEARING 2 CITY COUNCIL MINUTES - JUNE 28, 2005 ON PROPOSED ASSESSMENT (j) LETTING NO. 15, PROJECT NO. 05-17 (ROLLING MEADOWS FIRST ADDITION) - ORDERING IMPROVEMENT AND PREPARATION OF PLANS, APPROVING PLANS & SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS (k) CONSIDERATION FOR APPROVAL OF AGREEMENT WITH WOLD ARCHITECTS AND ENGINEERS FOR WASTEWATER FACILITY ADMINISTRATION BUILDING PRE-DESIGN SERVICES (1) CONSIDERATION FOR APPROVAL OF SUBDIVISION AGREEMENT FOR PARK MEADOWS (m)CONSIDERA TION FOR APPROVAL OF PURCHASE OF OMNICELL MEDICATION AUTOMATION STATION AS REQUESTED BY HUTCHINSON AREA HEALTH CARE Items 5(h) and 5(k) were pulled for separate action. Motion by Haugen, second by Arndt, to approve consent agenda with the exception ofItems 5(h) and 5(k). Motion carried unanimously. Item 5(h) was discussed further. Mayor Cook asked Police Chief Dan Hatten if he had spoken with the applicant and reviewed the golf cart. Chief Hatten stated that he had met with the applicant and reviewed the ordinance with them. The only improvement he requested ofthe applicant was that the slow moving sign be enlarged. Motion by Peterson, second by Arndt, to approve golf cart permit. Council Member Arndt asked if the approval of golf carts be delegated to the police department and not require Council approval. Attorney Marc Sebora stated that he could present a resolution or ordinance at the next Council meeting noting this delegation. Motion carried unanimously. Item 5(k) was discussed further. John Rodeberg, Director of Engineering, stated that this construction proj ect has been in the Capital Improvement Plan for the past five years. The administration building does not have enough storage and is incompatible for current staff numbers. Part ofthis proposal includes adding vehicle storage at the HATS facility. This is basically a space needs analysis request. A schematic will be presented as a result of the analysis. Discussion was held regarding funding the entire construction project. Motion by Peterson, second by Stotts, to approve agreement with Wold Architect for pre-design at Wastewater Administration Building. Motion carried unanimously. 6. PUBLIC HEARINGS - 6:00 P.M. (a) CONSIDERATION FOR APPROVAL OF GRANTING FRANCHISE TO SALON 22 FOR PERMITTING FLOWER PLANTERS IN PUBLIC RIGHT -OF- WAY (WAIVE FIRST READING AND SET SECOND READING AND ADOPTION OF ORDINANCE NO. 05-0410 FOR JULY 12,2005) Julie Wischnack, Director of Planning/Zoning/Building, presented before the Council. Ms. Wischnack explained that franchise applications are accepted by her department and require approval by the City Council, being adopted by ordinance. Motion by Arndt, second by Haugen, to close public hearing. Motion carried unanimously. Motion by Peterson, second by Stotts, to set second reading and adoption of ordinance No. 05-0410 for July 12,2005, granting the franchise for $1O.00/year, for a total of six years. Motion carried unanimously. 7. COMMUNICATIONS. REQUESTS AND PETITIONS 8. UNFINISHED BUSINESS 3 CITY COUNCIL MINUTES - JUNE 28, 2005 9. NEW BUSINESS (a) LETTING NO. 10, PROJECT NO. 05-12 (PLAZA 15 PARKING LOT) - DECLARING COST TO BE ASSESSED, ORDERING PREPARATION OF PROPOSED ASSESSMENT, WAIVING HEARING, ADOPTING ASSESSMENT AND ACCEPTING BID John Rodeberg, Director of Public Works, stated that this project is 100% funded by the City and the hospital. One-third paid by Event Center and 2/3 by the hospital. City Engineer Kent Exner stated that very favorable bids came in on this project, approximately $100,000 under the engineer's estimate. Mr. Exner stated that an alternate was worked into the project of having all of the sidewalk work being included, and hospital management has approved proceedmg with this. Council Member Haugen noted the weddings and other events scheduled at the Event Center. Kent Exner stated that the project will be staged and the contractor is fully aware of these events. Motion by Arndt, second by Haugen, to order preparation of proposed assessment, waive hearing, adopt assessment and accept bid on Letting No. 10, Project No. 05-12. Motion carried unanimously. (b) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY THE CITY OF HUTCHINSON TO ALLOW CONSTRUCTION OF A BUILDING WITHIN THE FLOOD PLAIN LOCATED AT 1400 ADAMS STREET WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (ADOPT RESOLUTION NO. 12748) Julie Wischnack, Director of Planning/Zoning/Building, presented before the Council. Ms. Wischnack explained that the Planning Commission voted on this with a split vote of 6-1. The discussion at the Planning Commission level included the management of this area for residential/industrial/commercial users. Mayor Cook noted that it might be a good idea to have a policy in place before granting such a use. John Rodeberg noted that this is in an 12 zone and, under the same circumstances, would more than likely be granted to a private entity. Because this property is in the flood plain, high investment is not promoted. This building is being considered for storage only. Discussion was held regarding the application process for private and public entities, which is virtually the same. John Olson, Public Works Superintendent, presented before the Council. Mr. Olson explained the need and reason for the style of this building. The City currently has heavy equipment and construction equipment that needs storage. This type of storage is the most cost-efficient. City Attorney Sebora suggested tabling this item due to the sentiments voiced, having Gary Plotz sign an extension authorization, have a policy developed to address this issue, and then take action at a later date. Motion by Peterson, second by Arndt, to table this item until a policy is developed to address construction in flood plams. Motion carried unanimously. (c) CONSIDERATION FOR APPROVAL OF COMMUNICATIONS UPGRADE TO HUTCHINSON POLICE SERVICES Police Chief Dan Hatten stated that this request is to approve the communications radio system upgrade to the police department. The current system is operated by Motorola and has been outdated. The current system will not be supported by Motorola at the end of the year unless the system is upgraded. The funding for this includes $60,000 from the CIP budget and $13,000 from unreserved dollars in the CIP budget. The entire upgrade includes the radio system, furniture and security system. It was noted that this new system will be completely compatible with the McLeod County Sheriff's Office. Motion by Stotts, second by Arndt, to approve communications upgrade to Hutchinson Police Services. Motion carried unanimously. (d) CONSIDERATION FOR APPROVAL OF WATER TREATMENT PLANT ENGINEERING SERVICES 4 CITY COUNCIL MINUTES - JUNE 28, 2005 AGREEMENT FOR CONSTRUCTION RELATED SERVICES WITH EARTHTECH John Rodeberg, Director of Public Works, stated that contract is a follow-up to the design and specifications services contract. This agreement covers the construction related services on the RO membrane system, biological filter system, water supply well and ground storage reservoir. It was noted that some ofthis work has already been started. Motion by Arndt, second by Peterson, to approve water treatment plant engineering services agreement with EarthTech for construction-related services. Motion carried unanimously. (e) CONSIDERATION FOR APPROVAL OF SETTING QUAR TERL Y UPDATE MEETINGS BETWEEN CITY COUNCIL MEMBERS AND CITY DIRECTORS Mayor Cook noted that it has been suggested to hold quarterly meetings with city directors for them to provide updates to the Council on projects. It was suggested to hold these updates on a regular basis. It was noted that all of the directors are not required to attend the Council workshops if they do not relate to a director's particular area of business. Motion by Peterson, second by Haugen, to approve setting quarterly meeting updates on the third Wednesday of the month from 9:00 a.m. - 12:00 noon in the following months: July, October, January, April. The first meeting will be July 20,2005 (it was noted the Wage Committee meeting will need to be rescheduled). Motion carried unanimously. 10. MISCELLANEOUS (a) COMMUNICATIONS 1. Consideration of Setting Public Hearing for Establishment ofTIF District to Redevelop for Cornerstone Commons Miles Seppelt, EDA Director, noted that the bank financing has been put into place for this project, however is contingent upon a Redevelopment TIF District being established. The funds in this project are used to finance the project itself. The first action is to set the public hearing and direct staff to develop the TIF District Plan. Motion by Arndt, second by Haugen, to set public hearing for August 23,2005, to discuss creation of Redevelopment TIF District and direct staff to develop TIF District plan. Motion carried unanimously. Mr. Seppelt also noted that the liquor store construction project is under way. The expansion and loading docks will be completed first and then the present liquor store will move into the new area with remodeling taking place in the current location. 2. Consideration of Solicitor's License for Commercial Concepts Publishing. Motion by Haugen, second by Peterson, to approve solicitor's license for Commercial Concepts Publishing to sell ads in Relocation Guide. Motion carried unanimously. Jim Haugen - Congratulated the Jaycees on the fabulous Water Carnival event. Council Member Haugen asked for an update on the garage issue that was brought up by the property owner on Jefferson Street at the last City Council meeting. Julie Wischnack noted that she and the City Attorney had met with the applicant on his options for the construction of the garage. These options include: 1 )not allowing the garage to be located in the easement as it could be located in a different area, 2)allow for a partial vacation of the easement (garage would be located four feet from the storm sewer line), 3 )remove a tree that is located near the home and move the garage west six feet or 4 )have the garage load from the north and have stacked parking with the garage. Mayor Cook also noted that he had asked Ms. Wischnack about the language as it relates to building 5 CITY COUNCIL MINUTES - JUNE 28, 2005 permit applications. It was noted that there is a disclaimer on the application that notes it is the property owner's responsibility to provide information related to the property. Ms. Wischnack shared various ways a property owner could find out information (i.e. setbacks, easements, etc.) as it relates to their property. Mayor Cook noted that he feels it is the responsibility of the property owner to identify encroachments and things. John Rodeberg expressed he does not feel it is feasible to be able to work with only four feet within the pipe. Much discussion was held regarding the options provided to the applicant. Motion by Arndt, second by Peterson, to direct Julie Wischnack and John Rodeberg to work with the applicant on the options. Council Member Arndt noted that the easement shall not be vacated. Motion carried unanimously. Bill Arndt - Council Member Arndt thanked city staff for marking South Grade Road appropriately. Council Member Arndt asked if the agenda could be printed in the newspaper or if the cable network could publish the agenda as opposed to the Mayor reading it live. Kudos on the Water Carnival. Kay Peterson - Council Member Peterson noted the all school reunion on July 2 & 3 at the Fairgrounds. Casey Stotts - Council Member Stotts noted that he has been asked by residents about aerial mosquito spraying. John Rodeberg noted that that has been researched and is regulated completely different than ground spraying. That is something that can be researched further. Spraying will be considered seriously in the 2006 budget. Gary Plotz - Mr. Plotz noted that the City is currently negotiating for the garbage hauling contract. A committee has met with two parties that are interested in providing this service, West Central Sanitation and Waste Management. Mr. Plotz explained the current negotiations with Waste Management. West Central Sanitation was unable to provide a concrete answer on where the refuse would be taken (Waste Management owns the local landfill and can charge an uncapped rate). The Committee is requestinffi that a contract be drafted based on these negotiations and brought forward to the Council at the July 12 City Council meeting. John Rodeberg - Mr. Rodeberg noted that a meeting was held yesterday with MNDOT on the Highway 7 project. They noted that a municipal consent hearing needs to be held to move forward with the project. Mr. Rodeberg is proposing to hold this hearing on August 11,2005, at 6:00 p.m. at the Event Center. Motion by Arndt, second by Peterson, to set August 11,2005, at 6:00 p.m. to hold municipal consent hearing at the Event Center for the Highway 7 project, with an Open House held from 4:00 - 6:00 p.m. Motion carried unanimously. Mayor Cook - Mayor Cook noted that on July 5,2005, an E85 event will be held at Cenex with Senator Mark Dayton attending. The public is invited to attend. 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 Arndt, and seconded by Haugen, to adjourn at 7:40 p.m. 6