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08-09-2005 CCM MINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, AUGUST 9, 2005 1. CALL TO ORDER - 5:30 P.M. Mayor Cook called the meeting to order at 5:30 p.m. Council members Haugen, Arndt and Peterson were present. Councilmember Stotts was absent. Other present included City Administrator Gary Plotz, City Attorney Marc Sebora, and Director of Public Works John Rodeberg. 2. INVOCATION Due to the absence of Rev. Hall, the Council dispensed with the invocation. 3. PLEDGE OF ALLEGIANCE 4. MINUTES (a) REGULAR MEETING OF JULY 26,2005 (b) BID OPENING MINUTES OF JULY 29, 2005 Motion by Arndt, second by Haugen to approve the minutes as presented. Motion passed on a unanimous vote. 5. CONSENT AGENDA (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. HUTCHINSON PUBLIC LIBRARY BOARD MINUTES FROM JUNE 27, 2005 2. HUTCHINSON HOUSING & REDEVELOPMENT AUTHORITY BOARD MINUTES FROM JUNE 30,2005 3. HUTCHINSON AREA HEALTH CARE BOARD MINUTES FROM JUNE 21, 2005 4. FIRE DEPARTMENT MONTHLY REPORT FOR JULY 2005 5. HUTCHINSON UTILITIES COMMISSION FINANCIAL REPORT FOR JUNE 2005 (b) RESOLUTIONS AND ORDINANCES 1. RESOLUTION NO. 12774-RESOLUTION APPROVING CONSERVATION PARTNERS GRANT FOR MILLER WOODS OAK SAVANNAH RESTORATION 2. RESOLUTION NO. 12775 - RESOLUTION CALLING FOR A PUBLIC HEARING ON THE ADOPTION OF UPDATED CRITERIA FOR THE GRANTING OF BUSINESS SUBSIDIES 3. RESOLUTION NO. 12782-RESOLUTION APPROVING PARTICIPATION IN GRANT PROCESS THROUGH THE MINNESOTA HISTORICAL SOCIETY FOR HARRINGTON-MERRILL HOUSE IMPROVEMENTS 4. RESOLUTION NO. 12783 - RESOLUTION ESTABLISHING LOCATION FOR TRAFFIC CONTROL DEVICES (FREE MONT AVENUE SE) 5. RESOLUTION NO. 12784 - RESOLUTION FOR PURCHASE (PUMP OVERHAUL) CITY COUNCIL MINUTES - AUGUST 9, 2005 6. ORDINANCE NO. 05-0411 - ORDINANCE AMENDING SECTION 73.16 RELATING TO MOTORIZED GOLF CART PERMITS (SECOND READING AND ADOPTION) (c) CONSIDERATION FOR APPROVAL OF TRANSIENT MERCHANT LICENSE FOR T.A.P. ENTERPRISES TO HOLD A TOOL SALE ON AUGUST 10, 2005, AT THE BEST WESTERN VICTORIAN INN (d) REAPPOINTMENT OF MIKE CANNON TO THE PARKS, RECREATION, COMMUNITY EDUCATION BOARD TO AUGUST 2008 (e) CONSIDERATION FOR APPROVAL OF TRANSFERRING LEASE AGREEMENTS FOR AIRPORT HANGARS WITH RAM BUILDINGS TO BART BRADFORD AND JOEL SCHWARZE (f) CONSIDERATION FOR APPROVAL OF RESETTING CITY OF HUTCHINSON RECOGNITION EVENT TO SEPTEMBER 15,2005 (g) CONSIDERATION FOR APPROVAL OF AMENDMENT TO CONTRACT WITH MNDOT FOR TRUNK HIGHWAY 22 & 7 DESIGN IMPROVEMENTS (h) LETTING NO. 15, PROJECT NO. 05-17 (ROLLING MEADOWS EAST FIRST ADDITION) - DECLARING COST TO BE ASSESSED & ORDERING PREPARATION OF PROPOSED ASSESSMENT, ADOPTING ASSESSMENT AND AWARDING BID (i) CONSIDERATION FOR APPROVAL OF OUT-OF-STATE TRAVEL FOR LENNY RUTLEDGE, BUILDING OFFICIAL, TO ATTEND THE 2005 INTERNATIONAL CODE COUNCIL ANNUAL CONFERENCE IN DETROIT, MICHIGAN SEPTEMBER 25 - OCTOBER 2, 2005 (j) CONSIDERATION FOR APPROVAL OF OUT-OF-STATE TRAVEL FOR DOUG JOHNSON, COMPOST SITE SUPERVISOR, TO SOUTH BEND, INDIANA TO OBSERVE A NEW TYPE OF MULCH COLORIZER (k) CONSIDERATION FOR APPROVAL OF AWARDING BAG FILM BID TO SUPERGROUP PACKAGING Items 5(b)(1), 5(b)(4), 5(b)(5), 5(d), and 5(j) were pulled for further discussion and separate action. Motion by Arndt, second by Peterson to approve the consent agenda except for the previously noted pulled items. The motion carried unanimously. Item 5(b )(1). - Dolf Moon, PRCE Director, commented that the purpose of the grant is to continue the restoration of the oak savannah in Miller's Woods. The project is an involved process including weed eradication, soil scouring, planting native prairie grasses and burr oaks. Mark Schnobrich, City Forester, commented that this is a unique type of park for the City. More trails are to be added, all non-native plantings removed, all entrances to the park will be enhanced, and new oak plantings will be introduced for future generations to enjoy. The encroachment issues with the surrounding private properties has been addressed and compliance has been positive. Motion by Arndt, second by Haugen to approve. Motion passed unanimously. Item 5(b)(4) - John Rodeberg, Director of Public Works, commented that the City has been contacted by HAHC to review the parking situation and regulations and requested that 2-hour parking be established in the area of Freemont Avenue SE west of the intersection with Echo Drive SE. The area will be signed, but enforcement will be light. Motion by Arndt, second by Haugen to approve. Motion passed unanimously. Item 5(b )(5) - John Rodeberg commented that the pump in question was used extensively during the sewer line break in June 2005. Due in part to this use, the pump requires overhaul. Motion by Arndt, second by Haugen to approve. Motion passed unanimously. 2 CITY COUNCIL MINUTES - AUGUST 9, 2005 Item 5( d) - Mayor Cook commented that the individual who was recently appointed to the PRCE Advisory Board is no longer available to serve. Mike Cannon, a current committee member, has been reappointed to serve the remainder of this term. Motion by Arndt, second by Peterson to approve the reappointment. The motion carried unanimously. Item 5(j) - Steve Madson, Creekside Manager, commented on the request for out-of-state travel. Doug Johnson, Creekside Supervisor, has an opportunity to observe a colorizer that uses a dry application process. This machine presents an opportunity to colorize with reduced cost if the process does work. Mr. Johnson will view the machine and process, and determine if this is appropriate for Creekside. The proposed cost for the 2-day trip is approximately $700.00. Motion by Peterson, second by Arndt to approve the out-of-state travel. The motion passed unanimously. 6. PUBLIC HEARINGS - 6:00 P.M. Mayor Cook read a statement regarding concerned individuals presenting information before the Council for public hearings. (a) CONSIDERATION FOR APPROVAL OF ON SALE INTOXICATING MALT LIQUOR LICENSE TO MARLA MORRIS (RESTAURANT TO BE OPENED AT 41 WASHINGTON AVENUE EAST) The public hearing opened at 6:00 p.m. City Attorney Sebora noted that the liability insurance certificate has also been received and meets City requirements. Motion by Haugen, second by Arndt to close the hearing. Motion unanimously approved. Motion by Peterson, second by Arndt to approve the liquor license for Marla Morris. Motion approved unanimously. (b) ASSESSMENT HEARING - LETTING NO.4, PROJECT NO. 05-04 AND 05-05 (DOWNTOWN STREETSCAPE AND WASHINGTON AVENUE WEST) - ADOPTING ASSESSMENT AND AWARDING BID The hearing opened at 6:05 p.m. Miles Seppelt, EDA Director, presented information about the proposed project before the Council. A major part of the project is the replacement of the streetlights that were installed in 1968. Substandard lighting for pedestrian traffic is an issue in the downtown area and lighting levels are to increase 50-60% over current conditions. The project will be coordinated with the improvements to the Main Street bridge and the TH 7 project. Work is scheduled to begin August 22, 2005 . Work will be completed in 3-block sections and each lasting ~bout twC? weeks. The work schedule will be coordinated with the business owners in an attempt to reduce mconvemences. The project has been endorsed by most ofthe affected property owners and resolutions of support have been received from associated groups and associations including the Chamber of Commerce, Downtown Association, and the Economic Development Authority. Mr. Seppelt also noted that staff recommends approval. The expressed need, proj ect support, and timing of the project are all favorable. John Rodeberg noted that temporary light poles will be installed during the project and that there are incentives in the project for the contractor to adhere to the project schedule. Bill Corby (owner 44 Main Street S.) thanked the Council for putting this proj ect forward. He spoke about the increased momentum for the project and noted other downtown improvements including the river 3 CITY COUNCIL MINUTES - AUGUST 9, 2005 fountain, Library Square fountain, Hotel remodel, State Theatre rehabilitation, and the Hutchinson family statues. Mary Lynn Cox (owner 46 Main Street N.) thanked the Council for their efforts with the project and commented on the need for a clean, friendly and safe business environment. Mike McGraw (owner 34 Main St S. and EDA member) noted that the EDA has financed $155,000 of improvements and recommends that the downtown revitalization plan be implemented. He expressed the EDA's support for the project and asked the Council for their support. Woody Lamprecht (owner 36 Main Street N.) concurred with the previous comments and also asked the Council for their support. Marc Vaillaincort (45 Century Ave. and President of the Hutchinson Chamber of Commerce) spoke of the previously noted resolutions for the support of the project. He also spoke about the progressiveness of the community and the commitment to the downtown project by the property owners is key to its success. He also thanked Council for their support. Matt MacMillan (3 6 Washington Avenue W. - Hutchinson Leader and Downtown Association) spoke to the Downtown Committee's support of the project. He stressed that changes to the streetscape plan have resulted from discussions with property owners. The Downtown Association has also worked with the EDA to make available $1,000 annually for financial assistance for downtown owners to make assessment payments. Mark Schierman (218 & 246 Main St. S) questioned the Council on the vacated street (3rd Avenue SW) and how his assessment was calculated for his property that is adj acent to 3rd Avenue. John Rodeberg noted that staff will look into this matter and a possible reduction or elimination of an assessment for the property adjacent to the vacated street. Mr. Schierman also expressed his support of the project. Motion by Peterson, second by Arndt. To close the hearing. The motion received unanimous approval. Motion by Haugen, second by Arndt to approve the project. Mayor Cook noted that he had previously voted against this project due to overall improvement and bonding costs being considerably above the city's self-imposed target of $2.5 - 3 million. An alternative he considered was delaying the project until 2014 when TH15 (Main St.) is planned to be reconstructed. He also entertained the option of proposing to delay the proj ect until 2006 and having the council reconsider it along with other proposed projects with the intent to stay within the bonding targets for that year. However, upon review of the 2005 improvement projects and costs to date, and if the Denver Avenue project is not done in 2005, the Mayor found that this year's total bonding costs would be just over the $3 million target. John Rodeberg noted that the Denver Avenue project could be delayed to 2006, as additional proJect preparation is needed. The developer may still do some of their work on the proj ect this year if they desire. Delaying Denver project will not adversely impact the 2006 improvement plan costs. Haugen amended the motion to inclJ1de that the Denver Avenue proj ect will not go forward in 2005, and that the assessments for the vacated 3r Avenue SW portion of assessments for the project will be removed. Motion passed unanimously. 7. COMMUNICATIONS. REQUESTS AND PETITIONS (a) UPDATE ON TREE AND WEED REMOVAL POLICY AND 2005 PROGRAM - MARK SCHNOBRICH, CITY FORESTER City Forester Mark Schnobrich presented before the Council. Mr. Schnobrich noted that we are approaching the end of the season for these issues, and a report to the Council is appropriate. Mr. Schnobrich noted that the City staff does about four tours or assessments each summer of properties that are generally susceptible to weeds, including new developments. In addition, resident reports are received regarding weeds on residential properties. McLeod County will also inform the City of fringe 4 CITY COUNCIL MINUTES - AUGUST 9, 2005 lots/properties with weeds. The weed eradication process includes a written notification to the property owner. They are given a 7 -day period to comply. If no compliance, the City will contract with private contractors to do the removal. The property owner is assessed the bill for removal with an additional $50/lot charge. For 2005 to date, the City has tagged 111 lots. This number fluctuates each year due to weather, conditions, etc. Of these, the City mowed only 4 properties. The City attempted to be more proactive and notified property owners when the weeds were approaching the 8" maximum height. The early notice appeared to be successful and property owners are complying. Councilmember Arndt noted that some residents have inquired why the City is not in compliance with its weed ordinance and cited Les Kouba Parkway. Mr. Schnobrich noted this area is a DNR approved buffer zone for the Crow River that includes prairie grasses. The City is starting an alternative landscaping plot outside of City Center. Forestry is also working with the Planning and Zoning department to promote alternative plantings for general lawns and shoreland areas. The discussion was suspended at 6:00 p.m. for the public hearings and was continued at 6:35 p.m. Mr. Schnobrich commented on the diseased tree removal initiative. 153 trees have been tagged for removal with the majority being Dutch Elms. Once the City tags a tree on private property is to be removed, they are responsible to secure a contractor or to remove the tree themselves. Owners are having a difficult time securing a contractor in a timely manner. The Council was asked to consider $7,180.00 in additional financial assistance to remove the trees on public property in an attempt to prevent the spreading of the disease. The expenditure is for the removal of approximately 20 of the highly diseased trees by September. The City crews will remove the remaining diseased trees or portions of diseased trees. Motion by Peterson, second by Haugen to approve the $7,180.00 expenditure to secure a contractor to remove approximately 20 diseased trees. The motion was approved unanimously. Mr. Schnobrich also spoke about applying a fungicide to elms to stop the disease. This was done back in the late 1970's during the previous large-scale outbreak of the Dutch Elm disease. The cost is approximately $300 - $500 for an average tree. Motion by Cook to use $15,000 of unallocated funds for diseased Dutch Elm treatment. Motion amended to make it contingent on the funds being available and able to be used for this purpose. Motion failed due to the lack of a second. The Council asked Mr. Schnobrich further research the cost of injection and the effectiveness and to report back to the Council. 8. UFINISHED BUSINESS (a) John Rodeberg presented Resolutions No. 12785 and No. 12786 accepting bid and awarding project for letting No. 6A/Project No. 05-20 and Letting No. 6B/Project No. 05-21 respectively. Regarding Resolution No. 12786, staff recommends approving the bid from WestmOf industries, the 3rd lowest bidder. The two lower bids were rejected due to unqualified bid proposals. The City re-bid these projects that were previously rejected due to the high costs. The projects were reworked and re-bid at acceptable costs. John Olson, Public Works Superintendent, spoke to specifics of the projects for the airport. One project includes replacement of a strobe light and brings power into the north end of the property through 5 CITY COUNCIL MINUTES - AUGUST 9, 2005 Hutchinson Utilities Commission. A surcharge fee will be paid to McLeod Co-op Power for the transition. The surcharge will not significantly increase the City bill, but the funds from the City bill will be split between HUC and the REA for a defined period of time. The second project includes an above ground 12,000 gallon tank for jet A fuel. This is a separate fueling system from the existing system. The need for this proJ ect is due to the demand of the type of aircraft using the Hutchinson Airport. Skydive Hutchinson and the AirLink helicopters use this type of fuel. The FBO will be responsible for mamtaining the fuel inventory. The City will receive $.07 per gallon of fuel dispensed. Motion by Arndt, second by Haugen to approve Resolutions No. 12785 and No. 12786 contingent upon FAA and MnDOT approval granted and available matching funds secured. 9. NEW BUSINESS (a) ORDINANCE NO. 05-0412 - AN ORDINANCE AMENDING CHAPTER 94 OF THE HUTCHINSON CITY CODE PERTAINING TO OAKLAND CEMETERY RULES AND REGULATIONS (WAIVE FIRST READING AND SET SECOND READING AND ADOPTION FOR AUGUST 23, 2005) John Olson explained that two of the issues identified are the need to redevelop a piece of property on the west side of the cemetery due to a power line encroaching on plotted grave sites. This area was replotted and the area also allows for above ground monuments and multiple interments (traditional family grave site) and cremation interments. The second issue is in regards to recreational vehicle use in the cemetery. These types of vehicles can cause significant damage to monuments. The City needs to be good stewards ofthe monuments and the cemetery is not the preferred location to operate snowmobiles, ATV's and other types of these vehicles for recreational use. This ordinance would still allow these types of vehicles to be used during funerals and memorial services in a controlled setting. Motion by Peterson, second by Arndt to approve Ordinance No. 05-0412 amending Chapter 94 of the Hutchinson City Code pertaining to Oakland Cemetery rules and regulations. The first reading was waived and the second reading and adoption were set for August 23,2005. Motion approved unanimously. (b) CONSIDERATION FOR APPROVAL OF RESETTING JOINT MEETING WITH THE HOSPITAL PRIVATIZATION TASK FORCE FOR SEPTEMBER 9, 2005, FROM 5:00 -7:00 P.M. AT THE CITY CENTER Motion by Peterson, second by Haugen to approve the resetting of the joint meeting with the Hospital Privatization task force for September 9, 2005, from 5:00 to 7:00 p.m. at City Center. Motion passed unanimously. 10. MISCELLANEOUS (a) COMMUNICATIONS Julie Wischnack, Director of Planning, Zoning and Building Enforcement, presented a letter received and regarding the Cornerstone development. Mr. Ochsendorf, the developer, requests that the City consider a swap of two of the City owned parking lot spaces adjacent to the project. The spaces are to be used for storage of garbage receptacles and the required handicapped spaces would then be placed adjacent to the buildmg. John Rodeberg noted that this has been done previously with other developments. This was not illustrated in the site plan received from the developer. Ms. Wischnack requested that this change be reviewed by the Planning Commission, and if the Council is open to this proposal, it would need to be published for review by the Planning Commission in September. Garbage dumpsters/receptacles do need to be screened. Ms. Wischnack noted that the developer has mentioned the construction of a substantial, stone wall screen. This location would also reduce potential conflicts of garbage hauler and drive thru traffic in the adjacent alley. 6 CITY COUNCIL MINUTES - AUGUST 9, 2005 Councilmember Haugen - Mr. Haugen noted that the recent Relay for Life event was a great success. Councilmember Arndt - Mr. Arndt spoke of increased traffic on South Grade road - vehicles, pedestrians, bikes, etc. Mr. Arndt requested that the City look into constructing an off-road trail from School Road to the western City limits. The City had filed a petition to reduce the limit on this CSAH for safety issues. McLeod County did a study on the area and MnDOT is not indicating any change at this time. He also asked staffto review the sewer line work at the McLeod County Fairgrounds that may have affected ponding in the grandstand infield area. Councilmember Peterson - Ms. Peterson congratulated the Hutchinson Theater Company for the success of the recent production ofthe musical State Fair. She also noted the State Amateur Baseball Tournament will be held in Hutchinson and begins August 19. Mayor Cook - Mr. Cook inquired of the progress of the Water Plant Reservoir. Mr. Rodeberg noted the construction is almost complete and the structure can hold 3 times the amount of water our current towers hold. On the property, a seating area with views of the river will also be completed as part of the project. Mayor Cook reminded the public of the TH7 proj ect open house on August 11. The City is receiving notice that speeds on Edmonton Avenue appear to be higher that 30 mph. John Rodeberg noted if it is not posted, the limit is 30 mph. There is a pedestrian/bike path off road, so safety issues should be minimal. 11. CLAIMS. APPROPRIATIONS AND CONTRACT PAYMENTS Motion by Haugen, second by Peterson to approve the payment of claims as presented. Motion passed unanimously. 12. ADJOURN Motion by Arndt, second by Peterson to adjourn the meeting at 7:40 p.m. Motion passed unanimously. 7