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10-11-2005 CCM MINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, OCTOBER 11, 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. Scott Daniels, Vineyard United Methodist Church, delivered the invocation. 3. PLEDGE OF ALLEGIANCE 4. MINUTES (a) REGULAR MEETING OF SEPTEMBER 27,2005 (b) SPECIAL MEETING OF SEPTEMBER 9, 2005 (c) BID OPENING MINUTES OF SEPTEMBER 23,2005 Motion by Stotts, second by Arndt, to approve the minutes as presented. Motion carried unanimously. 5. CONSENT AGENDA (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. HUTCHINSON AREA HEALTH CARE BOARD MINUTES FROM AUGUST 16,2005 2. HUTCHINSON HOUSING & REDEVELOPMENT AUTHORITY BOARD MINUTES FROM AUGUST 16,2005 3. FIRE DEPARTMENT MONTHLY REPORT FOR SEPTEMBER 2005 4. HUTCHINSON UTILITIES COMMISSION FINANCIAL REPORT FOR AUGUST 2005 5. HUTCHINSON AREA HEALTH CARE FINANCIAL REPORT FOR AUGUST 2005 (b) RESOLUTIONS AND ORDINANCES 1. RESOLUTION NO. 12830 - RESOLUTION SETTING INTEREST RATE FOR 2005 ADOPTED ASSESSMENT ROLLS 2. RESOLUTION NO. 12831 - RESOLUTION FOR PURCHASE (SAND, PALLETS, TROMMEL RENTAL, WINE RACKING, COOLER, INTERCOM & TELEVISION EQUIPMENT, SHELVING & CARTS, MULCH) 3. ORDINANCE NO. 05-0418 - AN ORDINANCE PERTAINING TO NOISE RESTRICTIONS DURING THE TH7/TH15 IMPROVEMENT PROJECT (SECOND READING AND ADOPTION) (c) CONSIDERATION FOR APPROVAL OF ASSESSMENT AGREEMENT BETWEEN THE CITY OF HUTCHINSON AND MCLEOD COUNTY FOR ASSESSMENT SERVICES ( d) CONSIDERATION FOR APPROVAL OF SHORT-TERM GAMBLING LICENSE FOR ST. ANASTASIA CHURCH ON DECEMBER 15,2005, AT ST. ANASTASIA CATHOLIC CHURCH CITY COUNCIL MINUTES - OCTOBER 11, 2005 (e) LETTING NO.2, PROJECT NO. 05-02 (NORTHEAST TRUNK STORM SEWER PHASE 1) - ORDERING PREPARATION OF REPORT - RECEIVING REPORT AND WAIVING HEARING ON IMPROVEMENT - ORDERING IMPROVEMENT AND PREPARATION OF PLANS - APPROVING PLANS & SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS (t) LETTING NO.4, PROJECT NO. 04-04 (5TH AVENUE INDUSTRIAL PARK) - DECLARING COST TO BE ASSESSED & ORDERING PREPARATION OF PROPOSED ASSESSMENT - WAIVING HEARING ON PROPOSED ASSESSMENT - ADOPTING ASSESSMENT (g) CONSIDERATION FOR APPROVAL OF IMPROVEMENT CHANGE ORDER NO.2 - LETTING NO.1, PROJECT NO. 05-01 (NC TRUNK SANITARY SEWER - BYPASS PUMPING) (h) CONSIDERATION FOR APPROVAL OF CHANGE ORDER NO.2 - LIQUOR STORE EXPANSION (i) CONSIDERATION FOR APPROVAL OF PURCHASE OF EASEMENT FOR STORMWATER PROTECTION (PAUL BETKER PROPERTY - 165 5TH AVENUE NW) (j) CONSIDERATION FOR APPROVAL OF CONTRACT WITH WOLD ARCHITECTS AND ENGINEERS FOR EVENT CENTER CANOPY Items 5(b)2, 5(c), 5(e), and 5(t) were pulled for further discussion. Motion by Haugen, second by Arndt, to approve consent agenda with the above exceptions. Motion carried unanimously. Item 5(b)2 had further discussion. Mayor Cook asked for more information regarding the purchase of the trommel rental. City Administrator Plotz stated that at the last Council meeting, the City Council approved a $30,000 expenditure for the trommel rental. An additional $10,000 is needed for this rental. Motion by Peterson, second by Arndt, to approve Item 5(b )2, Resolution for Purchase. Motion carried unanimously. Item 5( c) had further discussion. Council Member Stotts stated that he would like the City to look into the benefits and downfalls of them administering the assessor's duties for Hutchinson. Although he realizes it is too late to consider this for 2006, he would like to consider all of the pros and cons for the future. City Administrator Plotz stated that the Council could table this item if they would like more information presented to them. He suggested forming a small committee to discuss various issues regarding the assessment agreement. Council Member Stotts sugge*ed having this as a discussion topic during the joint meeting with the County Commissioners on October 25 . Council Member Stotts expressed that he does not feel the City received adequate services for what they paid for this past year. Motion by Stotts, second by Peterson, to approve the assessment agreement with McLeod County for assessment services. Motion carried unanimously. Item 5(e) had further discussion. Council Member Arndt asked for further clarification on this project. City Engineer Kent Exner reviewed the information further. This is for a storm sewer extending north to the limits of Hillcrest Road. This pipe will extend to the southern most part of the Sorensen property which will run near the old Bernhagen property, which the City purchased over a year ago. General discussion was held regarding various lines and where the drainage leads. Motion by Arndt, second by Haugen, to approve Item 5( e). Motion carried unanimously. Item 5(t) had further discussion. Mayor Cook asked if this was for the preparation of the sale of the property. John Rodeberg stated that it is and the assessments will be paid by the new property owner. Motion by Peterson, second by Stotts, to approve Item 5(t). Motion carried unanimously. 2 CITY COUNCIL MINUTES - OCTOBER 11, 2005 6. PUBLIC HEARINGS - 6:00 P.M. - NONE 7. COMMUNICATIONS. REQUESTS AND PETITIONS (a) PRESENTATION BY POLICE CHIEF, DAN HATTEN, ON THE CITY OF HUTCHINSON'S EMERGENCY PLAN Dan Hatten, Police Chief, presented before the Council. Chief Hatten delivered information regarding the City's Emergency Response Plan. Chief Hatten explained the workings of the civil defense sirens and how they pertain to emergency notifications and weather watches and warnings. Chief Hatten also explained the actiOns to be taken should the city be damaged by severe weather. Chief Hatten presented the various tasks to be completed and which department is responsible for those tasks in the emergency plan. The City's emergency plan is generally updated on a regular basis. 8. UNFINISHED BUSINESS 9. NEW BUSINESS (a) CONSIDERATION OF ORDINANCE NO. 05-0421 - AN ORDINANCE GRANTING AUTHORITY TO OBTAIN CRIMINAL HISTORY INFORMATION (WAIVE FIRST READING AND SET SECOND READING AND ADOPTION FOR OCTOBER 25, 2005) Marc Sebora stated that in order for Hutchinson Police Services to obtain criminal history information on individuals for employment and other matters, an ordinance must be adopted per State mandate. Motion by Peterson, second by Stotts, to waive first reading and set second reading and adoption of Ordinance No. 05-0421 for October 25,2005. Motion carried unanimously. (b) CONSIDERATION FOR APPROVAL OF SETTING HEARING FOR DETERMINATION OF DANGEROUS ANIMAL AS REQUESTED BY PAMELA COMMERFORD Marc Sebora, City Attorney, stated that in August two separate incidents occurred regarding dog attacks. Once a dog has attacked another dog or a human, it is generally classified as dangerous by the City's Animal Control Officer. According to city procedure, when a dog has been determined dangerous, the dog owner has the opportunity to appeal this designation and request a hearing before the City Council. Incidentally, since the City Council packet was complete, an appeal was received from Veniamin Verst yak regarding the dangerous animal designation of his dog. Commerford's dog bit a person and Verst yak's dog attacked another dog. These hearings must be held within three weeks of the receipt of the owner's appeal. Motion by Stotts, second by Arndt, to set hearings for determination of dangerous animal as requested by Pamela Commerford and Veniamin Verst yak for October 18,2005, at 4:00 p.m. and 5:00 p.m. respectively. Motion carried unanimously. (c) CONSIDERATION OF ACCEPTING PRIV A TIZA TION RECOMMENDATION FROM HUTCHINSON AREA HEALTH CARE Mayor Cook noted that the Privatization Task Force recommended that the City move forward with consideration of privatizing Hutchinson Area Health Care. This recommendation first went to the HAHC Board, who accepted the recommendation, and thus is being forward to the City for their acceptance of the recommendation. Should the City accept this recommendation, a subcommittee will then further study the issue and develop a model which will then be considered for approval by the City Council. Motion by Stotts, second by Arndt, to accept privatization recommendation from Hutchinson Area Health Care. Motion carried unanimously. (d) CONSIDERATION FOR APPROV AL OF AUTHORIZING THE SALE OF MUNICIP ALLY OWNED REAL PROPERTY (FORMER WETHERALL PROPERTY) IN THE HUTCHINSON INDUSTRIAL PARK 3 CITY COUNCIL MINUTES - OCTOBER 11, 2005 (WAIVE FIRST READING AND SET SECOND READING AND ADOPTION OF ORDINANCE NO. 05- 0422 FOR OCTOBER 25, 2005) Miles Seppelt, EDA Director, presented before the Council. Mr. Seppelt explained that the EDA Board has recruited a manufacturing company to expand in the City of Hutchinson. The facility will be approximately 40,000 - 50,000 sq. ft. and employee 30-40 people. The purchase price for the property is $194,700, the appraised value. Motion by Peterson, second by Stotts, to approve authorizing the sale of municipally owned real property in the Hutchinson Industrial Park to Silver Lake Capital Partners, LLC. Motion carried unanimously. ( e) CONSIDERATION FOR APPROVAL OF SETTING CITY COUNCIL BUDGET WORKSHOPS Motion by Peterson, second by Stotts, to approve setting city council budget workshop for November 8, 2005, and set an assessment policy workshop for November 22,2005, at 4:00 p.m. Motion carried unanimously. (t) CONSIDERATION OF FORMALLY ACCEPTING PETITION FOR CHARTER AMENDMENT FROM HUTCHINSON CHARTER COMMISSION Marc Sebora, City Attorney, explained that the Charter Commission had received a petition from a circulation committee regarding a City Charter amendment. By law, the Charter Commission is required to forward the petition to the City Council, who will then have the City Administrator verify the signatures and return the results to the City Council. Motion by Haugen, second by Stotts, to formally accept petition from Hutchinson Charter Commission for Charter amendment (sale ofHAHC). Motion carried unanimously. 10. MISCELLANEOUS (a) COMMUNICATIONS 1. ASSESSMENT ROLL UPDATES John Rodeberg, Director of Public Works, explained that three assessment rolls need to be updated. The first is on Plaza 15 parking lot - the costs were increased due to the change orders. The second is on the Downtown Streetscape - splitting a lot that occurred during the original assessment roll approval process. The third is on Santelman's Third Addition - activation of deferred assessments. Motion by Stotts, second by Peterson, to approve assessment roll updates on Assessment Roll Nos. 5076, 5074 and SA-058C, SA-059C, SA-073B, SA-080C, SA-092A, SA-239B, and SA-259B. Motion carried unanimously. Gary Plotz - Mr. Plotz stated that on the next City Council agenda he will be placing a policy on for consideration of City Council packet deadlines. The deadline had been moved up considerably for a trial period of three months. Those three months have expired and a policy needs to be formally adopted. Candice Woods, Liquor Store Manager, presented before the Council. Ms. Woods explained that the expansion project is within budget, however two weeks behind in construction. October 22-23 is planned for the existing location to be moved into the new addition. Following that, 3-4 weeks is planned for remodeling the existing store. The anticipated completion date is mid-November. Mayor Cook noted that October 19,2005, at 6:00 p.m. is scheduled for a vigil through the McLeod Alliance for Victims of Domestic Abuse. Motion by Stotts, second by Peterson, to set this as a public meeting for all council members to attend. Gary Plotz noted that the City's Truth in Taxation hearing date was set for December 6,2005. It has been noted that a conflict has arisen with the Council Chambers for that same date and time. 4 CITY COUNCIL MINUTES - OCTOBER 11, 2005 Motion by Peterson, second by Stotts, to hold the Truth in Taxation hearing at the Event Center on December 6, 2005, at 5:00 p.m. Motion carried unanimously. 11. CLAIMS. APPROPRIATIONS AND CONTRACT PAYMENTS Motion by Peterson, second by Stotts, to approve claims, appropriations and contract payments. Motion carried unanimously. 12. ADJOURN With no further business to discuss, a motion was made by Peterson, seconded by Haugen, to adjourn at 7:00 p.m. 5