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07-12-2005 CCM MINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, JULY 12, 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, J ody Winters, Legal Representative on behalf of City Attorney and John Rodeberg, Director of Public Works. 2. INVOCATION - Rev. Kevin Oster, Our Savior's Lutheran Church, delivered the invocation. 3. PLEDGE OF ALLEGIANCE 4. MINUTES (a) REGULAR MEETING OF JUNE 28, 2005 Motion by Peterson, second by Arndt, to approve the minutes as presented. Motion carried unanimously. 5. CONSENT AGENDA (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. HUTCHINSON PUBLIC LIBRARY BOARD MINUTES FROM MAY 23, 2005 2. HUTCHINSON HOUSING & REDEVELOPMENT AUTHORITY BOARD MINUTES FROM MAY 17,2005 3. FIRE DEPARTMENT MONTHLY REPORT FOR JUNE 2005 (b) RESOLUTIONS AND ORDINANCES 1. RESOLUTION NO. 12761 - RESOLUTION AUTHORIZING REMOVAL OF ASSESSMENTS FROM S.A. ROLL 5070 FOR 1507 JEFFERSON STREET PROPERTY 2. ORDINANCE NO. 05-0410 - AN ORDINANCE GRANTING FRANCHISE TO SALON 22 FOR PERMITTING FLOWER PLANTERS IN PUBLIC RIGHT-OF-WAY (SECOND READING AND ADOPTION) (c) CONSIDERATION FOR APPROVAL OF OUT-OF-STATE TRAVEL FOR RANDY DEVRIES TO WASHINGTON D.C. FROM OCTOBER 29 - NOVEMBER 3,2005, TO SERVE ON THE OPERATION CHALLENGE TEAM FOR THE CENTRAL ST ATES WATER ENVIRONMENT FEDERATION (d) CONSIDERATION FOR APPROVAL OF SHORT-TERM 3.2 MALT LIQUOR LICENSE FOR HUTCHINSON JAYCEES ON JULY 23,2005, AT WEST RIVER PARK (e) LETTING NO. 18, PROJECT NO. 05-22 (WASTEWATER TREATMENT FACILITY)-ACCEPTING BID & AWARDING CONTRACT (f) CONSIDERATION FOR APPROVAL OF SUMMERSET THIRD ADDITION SUBDIVISION AGREEMENT Items 5(b) 1, 5(b )2, 5( c), and 5( e) were pulled for further discussion. Motion by Stotts, second by Peterson, to approve consent agenda with the exception of the pulled items. Motion carried unanimously. CITY COUNCIL MINUTES - JULY 12, 2005 Item 5(b)1 was pulled for approval until the City Attorney, Marc Sebora, can speak about this issue. Motion by Peterson, second by Arndt, to table this item until July 26,2005. Motion carried unanimously. Item 5(b)2 was pulled for further discussion. Mayor Cook clarified that the action taken at the last meeting was to approve this franchise for one year, with the option to renew it after that for five years. This item will be discussed later in the meeting. The ordinance was revised to read that is in effect for one year, with an option to renew it for five years after that. Motion by Haugen, second by Arndt, to approve second reading of Ordinance No. 05-410. Motion carried unanimously. Item 5( c) was pulled for further discussion. John Rodeberg, Director of Public Works, explained that Randy DeVries, Director ofW ater/W astewater, was asked by the Central States Water Federation to be part of this team. This specific request is to attend a training on the newest technologies and be part of a competitive team. The Federation will pay up to $850 of the cost, with the cost to the City estimated at about $600, however it was not budgeted for. Council Member Stotts noted that the total training is six days, of which Mr.De Vries's salary will be paid for as well. John Rodeberg noted that is true, however he feels the training does have value to Mr. DeVries's position. Council Member Stotts asked if SEH Consulting provides training on equipment that will be used at the wastewater facility. It was noted that the total number of days for the out-of-state training will be 10 days with pre-training. Motion by Stotts, second by Cook, to deny the out-of-state travel for Randy DeVries. A roll call vote was taken. Haugen - aye; Arndt - nay; Cook - aye; Peterson - nay; Stotts - aye. Motion carried 3 to 2. Item 5( e) was pulled for further discussion. John Rodeberg noted that the bid opening was held last Friday and very good bids were received. Scott Young, Earth Tech, presented before the Council. Mr. Young explained that this project mainly includes equipment replacements to buildings located at the wastewater treatment facility and the reason for the replacements and upgrades. This entire project has been budgeted for. The total lowest, responsible bid came in at $745,000 including an alternate. Motion by Peterson, second by Stotts, to approve accepting bid and awarding contract on Letting No. 18, Project No. 05-22. Motion carried unanimously. 6. PUBLIC HEARINGS - 6:00 P.M. (a) LETTING NO.8, PROJECT NO. 05-10 (GOLF COURSE ROAD NW) - ASSESSMENT HEARING- ADOPTING ASSESSMENT, ACCEPTING BID & AWARDING CONTRACT Kent Exner, City Engineer, presented before the Council. Mr. Exner explained the project costs, which total approximately $1.8 million. The City will pay approximately $1.6 million using municipal state aid funds and funds from the wastewater and water funds. Approximately $218,000 will be assessed to property owners, which averages out to $72/front foot. A storm sewer is being installed on Golf Course Road with the use of state aid funds. Don & Sandra Gilbertson, 950 Ludtke Lane NW, presented before the Council. The Gilbertsons presented pictures to the Council showing their property which includes privacy hedges on all three sides of their property. The Gilbertsons noted that they understand a walking trail is proposed to be developed right up to their property line, abutting their trees. They have concerns about financial hardships, privacy, windbreaks, etc. if the project proceeds. The Gilbertsons strongly expressed that this project has no benefit to their property . Motion by Haugen, second by Stotts, to close public hearing. Motion carried unanimously. Kent Exner, City Engineer, stated that he has met with the Gilbertsons at their residence. Based upon their concerns, the design of the road was pushed as far north as possible and the grade of the road was dropped. The back edge of the trail is proposed to run approximately 7 to 10 feet from the property owner's trees. The need of a new water service line on their property is not necessary and the new service can be spliced 2 CITY COUNCIL MINUTES - JULY 12, 2005 into the current curb stop, which will not impact tearing up the yard. It is expected that the sumac bushes will need to be removed because of the project, as they are approximately five feet into the right-of-way. The main concern of the property owners is to protect the trees and shrubs on the property. Council Member Arndt noted that the Jefferson Street proj ect turned out very nice and city staff and contractors do a very nice job on the projects. The City Council and staff informed the Gilbertsons that everything will be done that can be to protect the trees on their property. Motion by Arndt, second by Stotts, to adopt assessment, accept bid and award contract. Motion carried unanimously. 7. COMMUNICATIONS. REQUESTS AND PETITIONS (a) MARC VAILLANCOURT - SESQUICENTENNIAL CHAIR Mr. Vaillancourt gave an update as to the events scheduled for the Sesquicentennial Block Party celebration. The events include a movie in Library Square, trolley tours, pancake breakfast, music at West River, bonfire, ecumenical church service, depot tours, Hutch Hotel tours, and an ice cream social at the Harrington Merrill House. The events are being held July 22 - 24th. A gala event will be held in November to close the celebration. City Administrator Gary Plotz noted that upon inquiry the City of Litchfield has offered to spray for mosquitos, and offered to do so free of charge, next Thursday at the outdoor locations for the event. Mr. Vaillancourt, acting as the President ofthe Chamber of Commerce and Convention & Visitors Bureau, then reviewed assets that the City has. One ofthese assets is the fountain in the Crow River. Unfortunately, this fountain has not been functioning well as the motor has died. On behalf of the community, Mr. Vaillancourt requested that the City pay for a new motor in the amount of $4500. If the City replaces the motor, he will form a private organization to establish an ongoing maintenance fund. Ken Merrill, Finance Director, stated that funds could be made available in the general fund. Motion by Arndt, second by Peterson, to approve expenditure of $4500 to replace the pump for the Crow River fountain. Motion carried unanimously. (b) GUS ZIEMER Gus Ziemer, 1282 Sunburst Way, stated that he has a concern on the location and maintenance of the development area by where he lives. Mr. Ziemer has concerns about undeveloped lots that are full of weeds, dirt piles, debris and junk. He feels that the City is obligated to regulate these developing areas and asks that guidelines be established to conform with. Julie Wischnack, Director of Planning/Zoning/Building, presented before the Council. Ms. Wischnack explained that in this specific area at least six different builders are constructing different lots and each builder is responsible for their lot. Ms. Wischnack explained that recently developers have had to identify ~aintenance personnel for the lots they are developing. She will work on outlining ways to handle this issue. (c) LOCAL TRAFFIC FLOW & SAFETY OPEN HOUSES Kent Exner, City Engineer, presented before the Council. Mr. Exner explained that a questionnaire was sent out to city residents regarding local traffic flow and safety. An open house on this tOpiC for the north part of town will be held July 14th and an open house is being held for the south part of town on July 21 st. Both open houses will be held at the Event Center. Mayor Cook noted that this topic came out of the Council's visioning workshop held earlier in the year. Motion by Arndt, second by Haugen, to set the Open Houses on July 14 and 21 as open meetings for the City Council. Motion carried unanimously. 3 CITY COUNCIL MINUTES - JULY 12, 2005 (d) PLAZA 15 CONSTRUCTION NOTICE Kent Exner, City Engineer, presented before the Council. Mr. Exner explained that construction began yesterday. A notice went in the newspaper today notifYing city residents ofthe project. The project will be done in two phases. Construction is planned to be complete by mid-October. ( e) DISCUSSION OF PVC/TRUSS TUBE TYPE BUILDINGS Mayor Cook requested that this item be placed on the agenda based on the discussion held at the last City Council meeting on this topic. Mayor Cook stated that he had been thinking about where the City may desire to have these buildings located. His feeling is that there may not be many areas that the City may want to have these buildings constructed. Julie Wischnack stated that her department has done some research on these buildings and a neighboring City that has done the most research is Chanhassen. Other communities regulate these buildings the same as Hutchinson, thereby the United Building Code. Council Member Stotts noted that he is comfortable with allowing construction of these types of buildings as long as a procedure is in place that all applicants need to comply with. He asked that staff further research the use of these buildings and bring more information back to the Council. 8. UNFINISHED BUSINESS 9. NEW BUSINESS (a) CONSIDERATION FOR APPROVAL OF 2004 AUDITED FINANCIAL REPORT Kyle Myers, City Auditor, presented the financial results for the 2004 audit for the City of Hutchinson. Mr. Myers summarized the final audit report. Higher than budgeted revenues and fund transfers totaled a positive fund balance. The City is in compliance with statutes and laws based on the auditor's testing. Approximately $1.3 million is being transferred to the City from the profits of the enterprise funds. Mayor Cook read a letter from the Minnesota GFOA stating that the City had received an excellent rating on their performance. Ken Merrill, Finance Director, noted that thanks is due to all staff members. Motion by Peterson, second by Stotts, to approve City of Hutchinson 2004 audited financial report. Motion carried unanimously. (b) CONSIDERATION FOR APPROVAL OF COUNCIL CHAMBERS UPGRADE Tom Kloss, Director of Information Technology, presented before the Council. Mr. Kloss covered the upgrades that are proposed to the Council Chambers. Much of these proposals were slated to take place several years ago, however technology costs were much too high. The proposed upgrades include new presentation equipment (podium, proj ector, etc.), equipment for HCVN (cameras, screens, recorder, etc.), and other miscellaneous items to support the presentation and equipment upgrades. The funding for the upgrades is proposed to be paid by fees collected from HCVN, Hutchinson Telephone Company and Mediacom, which total approximately $27,000. Mayor Cook stated that he feels the funding for these upgrades should not come from the franchise agreement fees from Mediacom and Hutchinson Telephone Company. These fees were intended to be used for PEG equipment which Mayor Cook felt should be for local access use. In addition, the City has been collecting some funds from HCVN in lieu of rent. This is after a fee from cable providers is split between the city and HCVN. This reduces income to HCVN further. Mayor Cook noted that he feels that HCVN should have the option to contribute to the project if they feel it is beneficial to them and that the collected 4 CITY COUNCIL MINUTES - JULY 12, 2005 funds should probably be turned over to HCVN. Mayor Cook made a motion, seconded by Stotts, to table this item until city staff can meet with the HCVN Board of Directors to discuss funding. Council Member Haugen noted that he believed the school district may be favorable to contributing some funds to the Council upgrades. Motion carried unanimously. 10. MISCELLANEOUS (a) COMMUNICATIONS Casey Stotts - Council Member Stotts noted that National Night Out is August 2nd and encouraged all residents to attend. Council Member Stotts asked John Rodeberg to report on mosquito control based on Letters to the Editor in the newspaper this past week. John Rodeberg noted that spraying is included in the proposed budget for 2006, however Council approval of the budget is required. Larvae control was applied this year and has benefited the community. More studies will be done for 2006. Gary Plotz - Mr. Plotz reminded the Council that a quarterly update between the City Council and city directors is scheduled for July 20, 2005. In regard to the budget, staffhas requested that the Council have an actual hard copy, rough draft of the budget in August. Mr. Plotz proposed setting a budget workshop to discuss the preliminary budget. Motion by Stotts, second by Haugen, to set a budget workshop for August 18,2005, at 3:30 p.m. Motion carried unanimously. John Rodeberg - Mr. Rodeberg noted preliminary information from Senator Dayton that there may be funding in the House side of the federal government for the Crow River Dam reconstruction (confirmed with US Rep. Peterson's office). He further noted that $1 million in funding is required to complete this project. Steve Cook - Mayor Cook stated he had received a letter from the State granting a low interest, 20-year loan to the city in the amount of $5million for the water treatment plant. This loan will save the city and rate payers nearly $1 million over the life of the loan. He acknowledged staff and others for their work on the loan application. Julie Wischnack noted that a workshop will be held July 19,2005, following the Planning Commission meeting with the Joint Planning Board regarding orderly annexation. 11. CLAIMS. APPROPRIATIONS AND CONTRACT PAYMENTS Motion by Arndt, second by Haugen, to pay claims, appropriations and contract payments. Motion carried unanimously. 12. ADJOURN With no further business to discuss, a motion was made by Arndt, seconded by Stotts, to adjourn at 8:30 p.m. Motion carried unanimously. 5