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09-27-2005 CCM MINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, SEPTEMBER 27, 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, John Rodeberg, Director of Engineering and Marc Sebora, City Attorney. 2. INVOCATION - Rev. Brian Brosz, Congregational UCC Church, delivered the invocation 3. PLEDGE OF ALLEGIANCE . PROCLAMATION DECLARING OCTOBER AS DOMESTIC VIOLENCE AWARENESS MONTH . PROCLAMATION DECLARING OCTOBER AS TOASTMASTERS MONTH 4. MINUTES (a) REGULAR MEETING OF SEPTEMBER 13,2005 Motion by Arndt, second by Haugen, to approve the minutes as presented. Motion carried unanimously. 5. CONSENT AGENDA (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. MOTOR VEHICLE DEPARTMENT MONTHLY REPORT FOR APRIL THROUGH JULY OF 2005 2. PARKS, RECREATION AND COMMUNITY EDUCATION BOARD MINUTES FROM JUNE 6, 2005 3. BUILDING DEPARTMENT MONTHLY REPORT FOR AUGUST 2005 4. COMPOST ADVISORY BOARD MINUTES FROM SEPTEMBER 14,2005 5. HUTCHINSON HOUSING & REDEVELOPMENT AUTHORITY BOARD MINUTES FROM JULY 19, 2005 6. CITY OF HUTCHINSON INVESTMENT REPORT FOR AUGUST 2005 7. CITY OF HUTCHINSON GENERAL FUND FINANCIAL REPORT FOR AUGUST 2005 8. CITY OF HUTCHINSON REFUSE, COMPOST, WATER, W ASTEW ATERFINANCIAL REPORT FOR JUL Y 2005 9. PLANNING COMMISSION MINUTES FROM AUGUST 16 AND SEPTEMBER 8, 2005 (b) RESOLUTIONS AND ORDINANCES 1. RESOLUTION NO. 12821 - RESOLUTION FOR PURCHASE (COMPOST BAGS AND POWER SCREENER RENTAL) 2. ORDINANCE NO. 05-0413 - ORDINANCE GRANTING THE COFFEE COMPANY THE RIGHT TO PROVIDE A SIDEWALK CAFE IN THE PUBLIC RIGHT OF WAY AT 18 MAIN STREET (SECOND READING AND ADOPTION) 3. ORDINANCE NO. 05-0414 - ORDINANCE GRANTING CORNERSTONE COMMONS THE RIGHT CITY COUNCIL MINUTES - SEPTEMBER 27, 2005 TO PLACE STEPS AND A FLOWER PLANTER IN THE PUBLIC RIGHT OF WAY AT 104 MAIN STREET (SECOND READING AND ADOPTION) 4. ORDINANCE NO. 05-0415 - ORDINANCE GRANTING OUTDOOR MOTION THE RIGHT TO PLACE A BICYCLE RACK AND SALES TENT IN THE PUBLIC RIGHT OF WAY AT 141 MAIN STREET (SECOND READING AND ADOPTION) 5. ORDINANCE NO. 05-0416 -ORDINANCE GRANTING SONORA'S MEXICAN RESTAURANT THE RIGHT TO PROVIDE A SIDEWALK CAFE IN THE PUBLIC RIGHT OF WAY ON SECOND AVENUE (SECOND READING AND ADOPTION) 6. ORDINANCE NO. 05-0417 - ORDINANCE GRANTING CORNERSTONE COMMONS THE RIGHT TO PLACE A TRASH RECEPTACLE IN THE PUBLIC RIGHT OF WAY AT 115 FRANKLIN STREET (SECOND READINGAND ADOPTION) ( c) PLANNING COMMISSION ITEMS 1. CONSIDERATION OF A CONDITIQNAL USE PERMIT TO MOVE A 30' X 130' SHED ONTO PROPERTY LOCATED AT 1130 5 H AVENUE SE WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (ADOPT RESOLUTION NO. 12819) 2. CONSIDERATION OF A VARIANCE REQUESTED BY ROGER KABLE TO REDUCE SETBACK FROM THE LAKE APPROXIMATELY NINE FEET FOR THE CONSTRUCTION OF A DECK AND ADDITION TO THE HOUSE LOCATED AT 1212 LEWIS AVENUE SW WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (ADOPT RESOLUTION NO. 12820) (d) CONSIDERATION FOR APPROVAL OF PARADE PERMIT FOR HUTCHINSON HIGH SCHOOL (HOMECOMING PARADE) (e) CONSIDERATION FOR APPROVAL OF GAMBLING LICENSE FOR VFWPOST 906 AUXILIARY ON NOVEMBER 23 AND DECEMBER 17,2005, AT VFW POST 906 (f) CONSIDERATION FOR APPROVAL OF GAMBLING LICENSE FOR 3M CLUB ON NOVEMBER 12, 2005, AT 3M CLUB BUILDING (g) CONSIDERATION FOR APPROVAL OF ACCEPTING BID FOR SCREENED MULCH (h) CONSIDERATION FOR APPROVAL OF IMPROVEMENT PROJECT CHANGE ORDERS - CHANGE ORDER NO.3 - LETTING NO. 10, PROJECT NO. 05-12 - PLAZA 15 PARKING LOT (LANDSCAPING BLOCKS) - CHANGE ORDER NO.1 - LETTING NO. 18, PROJECT NO. 05-19 - WASTEWATER TREATMENT FACILITY IMPROVEMENTS (REPLACE EXISTING BUILDING 30 RAW WATER PIPING, PAINT/LABEL NEW PIPING, DISPOSE OF REMOVED PIPING & BYPASS FLOWS) (i) CONSIDERATION FOR APPROVAL OF GRANTING TEMPORARY EASEMENTS TO MINNESOTA DEPARTMENT OF TRANSPORTATION FOR TRUNK HIGHWAY 7 CENTRAL PROJECT (j) CONSIDERATION FOR APPROVAL OF OUT-OF-STATE TRAVEL FORBECCA COOPER TO ATTEND OPS TRAINING IN NEW MEXICO FROM OCTOBER 4 - 7, 2005 (k) CONSIDERATION FOR APPROVAL OF OUT-OF-STATE TRAVEL FOR RANDY DEVRIES TO ATTEND WISCONSIN WASTEWATER OPERATORS' ASSOCIATION ANNUAL CONFERENCE IN GREEN BAY, WISCONSIN FROM OCTOBER 4 - 6, 2005 Items 5( c) 1 and 5(g) were pulled for separate action. Motion by Peterson, second by Stotts, to approve consent agenda with the exception ofItems 5(c)1 and 5(g). 2 CITY COUNCIL MINUTES - SEPTEMBER 27, 2005 Motion carried unanimously. Item 5( c) 1 had further discussion. Jim Haugen noted that at the Planning Commission there was discussion as to whom would remove the hazardous material on the property. John Rodeberg stated that either the County or the property owner will need to remove the material before the building can be moved. The City is requiring that proper cleanup of the property be taken care of as it has been done previously with other repairs. Rodeberg noted the staff contingencies. Motion by Arndt, second by Haugen, to approve Item 5( c) 1 noting the staff contingency of all hazardous materials being removed prior to the building being removed. Motion carried unanimously. Item 5(g) had further discussion. Doug Johnson, Compost Site Supervisor, presented before the Council. Mr. Johnson noted that the bid came in very favorably and is very comparable to the type of mulch that the compost site produces. The compost site has been unable to produce to their current demand, thus the need to acquire additional mulch. Motion by Peterson, second by Stotts, to approve Item 5(g). Motion carried unanimously. 6. PUBLIC HEARINGS - 6:00 P.M. - NONE 7. COMMUNICATIONS. REQUESTS AND PETITIONS (a) REVIEW OF HUTCHINSON HIGH SCHOOL HOMECOMING EVENTS - DEBB MARCOTTE, DEAN OF STUDENTS Debb Marcotte, Dean of Students, presented before the Council. Ms. Marcotte explained that the Homecoming Parade will be on city streets as opposed to around the track as last year and will be held October 7th at 4:00 p.m. Ms. Marcotte explained the events for Homecoming Week, which are all open to the public. Ms. Marcotte also explained a newer activity that has opened up to area businesses and residents. Businesses have been asked to decorate their store fronts and windows with Tiger spirit. As well as residents decorating their yards, fences, trees, etc. Ms. Marcotte also explained the rules of the parade and read the names of the homecoming court. 8. UNFINISHED BUSINESS 9. NEW BUSINESS (a) PRESENTATION BY GARY PLOTZ, CITY ADMINISTRATOR, ON ADDITIONAL 2005 CITY COUNCIL OBJECTIVES (FROM 2005 VISIONING SESSIONS) - UNITING DOWNTOWN MERCHANTS, ECONOMIC DEVELOPMENT AND REGIONAL TRANSPORTATION Gary Plotz, City Administrator, presented before the Council. Mr. Plotz noted that these are the three remaining objectives that the Council established at their January visioning workshop. Mr. Plotz covered each goal and stated the measurements, team players and deadlines of each. Motion by Arndt, second by Haugen, to accept City Council objectives. Motion carried unanimously. (b) CONSIDERATION OF ORDINANCE NO. 05-0418 - AN ORDINANCE PERTAINING TO NOISE RESTRICTIONS DURING THE TH7/TH15 IMPROVEMENT PROJECT John Rodeberg, Director of Public Works, stated that the City was approached by MnDOT regarding the noise ordinances. MnDOT has concerns with the restrictions on the hours as they would like the project to move along as quickly as possible, meaning working extended hours if needed. Kelli Brunkhorst, MnDOT, presented before the Council. Ms. Brunkhorst stated that in the first year of the project at least 95-100 working days will be needed. These are typical number of days for construction 3 CITY COUNCIL MINUTES - SEPTEMBER 27, 2005 projects, which generally include Saturdays. Work at the Hwy 7 and Bluff Street intersection will need to be complete before work is started on Hwy 15 and Hwy 7. MnDOT is on a strict schedule to have all ofthis work completed by October 31,2006. Four crews will be needed to put the sidewalk in alone. Motion by Arndt, second by Peterson, to approve waiving first reading and setting second reading and adoption of Ordinance No. 05-0148 for October 11, 2005. Mayor Cook has concerns that the ordinance is written somewhat loosely and that could allow contractors to work around the clock. John Rodeberg noted that specific hours will be specified in the contract documents. Mayor Cook suggested adding language to the ordinance indicating the hours that work can take place and have exceptions to be approved by the Director of Public Works/City Administrator/Mayor. The motion remained as stated. Motion carried unanimously. Ms. Brunkhorst also gave an update on the roundabouts that are being planned in the area. (c) CONSIDERATION FOR APPROVAL OF AUTHORIZING ADVERTISEMENT FOR REQUEST FOR PROPOSALS FOR GENERAL MANAGER OF CREEKSIDE SOILS Gary Plotz, City Administrator, noted that the Creekside Advisory Board had advised that the City go out for Request for Proposals to fill \j;e General Manager position at the compost facility. The current General Manager left on September 15 and accepted a positiOn with another company. The background needed for this position requires experience in manufacturing and cost accounting. The Request for Proposals will be advertised in the metro area and a direct mail to interested individuals. Motion by Peterson, second by Stotts, to approve authorization of advertising for request for proposals for General Manager of Creekside compost facility. Motion carried unanimously. (d) CONSIDERATION FOR APPROVAL OF SETTING CITY COUNCIL BUDGET WORKSHOP FOR OCTOBER 25, 2005 Motion by Peterson, second by Arndt, to approve setting City Council workshop for October 25,2005, at 3:30 p.m. to discuss a revised assessment policy. The budget workshop will be held at the previously scheduled workshop on October 11,2005. Motion carried unanimously. 10. MISCELLANEOUS (a) COMMUNICATIONS 1. John Rodeberg, Director of Public Works, noted that a new resolution needs to be approved regarding the municipal consent hearing. The resolution needs to be reworded to meet MnDOT requirements. Motion by Peterson, second by Stotts, to approve Resolution No. 12822. Motion carried unanimously. 2. John Rodeberg noted that he received an amendment to the contract on the Hwy 7 project. It is basically a design change in the contract and does not change the dollar amount. It is Amendment No.2 to the contract. Motion by Stotts, second by Haugen, to approve Amendment No.2 to the Hwy 7 project. Motion carried unanimously. 3. Kayleen Jensen, Hutchinson Jaycees, presented before the Council. Ms. Jensen explained that the Jaycees are currently soliciting carnival vendors, however the vendors are requesting that no other carnivals be held 30 days prior to the Water Carnival in order to boost attendance. Marc Sebora, City Attorney, stated he would research whether or not that is an option and get back to Kayleen Jensen. 4. DolfMoon, Director of Parks/Recreation/Community Education, presented before the Council. Mr. Moon stated that the Hutchinson Rotarians have offered to donate $30,000 for Rotary Park to improve the parking lot and trail by adding bituminous. Because of this late notice offer, three quotes were obtained for this project and work would like to be done this fall. Ken Merrill, Finance Director, has assured that there is enough funding for this year until the donation is received from the Rotarians. 4 CITY COUNCIL MINUTES - SEPTEMBER 27, 2005 Motion by Arndt, second by Peterson, to approve the Rotary Park improvements. Motion carried unanimously. Marc Sebora - Mr. Sebora noted that a petition has been received by the City for a City Charter change. The petition is to make a change to allow for a public vote for the sale of Hutchinson Area Health Care. The Charter Commission will formally accept the petition, the City Administrator will verify the signatures, and it will then be forwarded to the City Council. Jim Haugen - Mr. Haugen asked that the Police Chief give a short presentation on the City's emergency plan should a natural disaster, or otherwise, occur. Dan Hatten will give a presentation at the next City Council meeting. Gary Plotz - Mr. Plotz noted that the annual LMC Annual Conference is being held the first week in December and he encouraged Council Members to attend. Mr. Plotz also noted that he has been attending the ICMA Conference in Minneapolis this week. He stated that performance measurement was presented on and Mr. Plotz shared information that he had learned. John Rodeberg - Mr. Rodeberg noted that a West Nile case has been confirmed in the City of Hutchinson. He covered actions that should be taken when West Nile is noted in the area. Mr. Rodeberg noted that the cold weather may help decline the number of mosquitoes in the area. 11. CLAIMS. APPROPRIATIONS AND CONTRACT PAYMENTS Motion by Arndt, second by Haugen, to approve 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 Stotts, to adjourn at 7:10 p.m. 5