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10-25-2005 CCM MINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, OCTOBER 25, 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 - Due to the absence of Rev. Scott Daniels, Vineyard United Methodist Church, the invocation was dispensed. 3. PLEDGE OF ALLEGIANCE 4. MINUTES (a) REGULAR MEETING OF OCTOBER 11,2005 (b) BID OPENING MINUTES OF OCTOBER 7,2005 (c) BID OPENING MINUTES OF OCTOBER 11, 2005 Motion by Haugen, second by Stotts, to approve the minutes as presented. Motion carried unanimously. 5. CONSENT AGENDA (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. PARKS, RECREATION & COMMUNITY EDUCATION BOARD MINUTES FROM AUGUST 1,2005 2. HUTCHINSON AREA HEALTH CARE BOARD MINUTES FROM SEPTEMBER 20, 2005 3. PLANNING COMMISSION MINUTES FROM SEPTEMBER 20,2005 4. HUTCHINSON HOUSING & REDEVELOPMENT AUTHORITY BOARD MINUTES FROM SEPTEMBER 20, 2005 5. PIONEERLAND LIBRARY SYSTEM BOARD MINUTES FROM JUNE 16,2005 6. MOTOR VEHICLE MONTHLY REPORT FOR AUGUST 2005 7. BUILDING DEPARTMENT MONTHLY REPORT FOR SEPTEMBER 2005 8. PIONEERLAND LIBRARY SYSTEM FINANCIAL REPORT FOR AUGUST 2005 9. HUTCHINSON AREA HEALTH CARE FINANCIAL REPORT FOR SEPTEMBER 2005 10. CITY OF HUTCHINSON WATER/SEWER/REFUSE FINANCIAL REPORT FOR SEPTEMBER 2005 11. CITY OF HUTCHINSON GENERAL FUND FINANCIAL REPORT FOR SEPTEMBER 2005 12. CITY OF HUTCHINSON INVESTMENT REPORT FOR SEPTEMBER 2005 (b) RESOLUTIONS AND ORDINANCES 1. RESOLUTION NO. 12839 - RESOLUTION CERTIFYING ASSESSMENT OF THE CITY OF HUTCHINSON 2. RESOLUTION NO. 12841 - RESOLUTION FOR PURCHASE (UNLEADED GASOLINE) CITY COUNCIL MINUTES - OCTOBER 25, 2005 3. ORDINANCE NO. 05-0421 - ORDINANCE GRANTING AUTHORITY TO OBTAIN CRIMINAL HISTORY INFORMATION (SECOND READING AND ADOPTION) 4. ORDINANCE NO. 05-0422 - ORDINANCE AUTHORIZING THE SALE OF MUNICIPALLY OWNED REAL PROPERTY (FORMER WETHERALL PROPERTY) IN THE HUTCHINSON INDUSTRIAL PARK (SECOND READING AND ADOPTION) (c) PLANNING COMMISSION ITEMS 1. CONSIDERATION OF A REQUEST TO ANNEX 5.9 ACRES OF ROAD RIGHT OF WAY (5TH A VB. S.E. FROM THE CITY LIMITS TO HWY 22) OWNED BY MCLEOD COUNTY AND THE STATE OF MINNESOTA WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (WAIVE FIRST READING AND SET SECOND READING AND ADOPTION OF ORDINANCE NO. 05-0423 FOR NOVEMBER 8, 2005) 2. CONDERATION OF AMENDMENT TO HUTCHINSON CITY CODE SECTION 154 TO ADD LANGUAGE REGARDING TUBE TRUSS BUILDINGS WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (WAIVE FIRST READING AND SET SECOND READING AND ADOPTION OF ORDINANCE NO. 05-0420 FOR NOVEMBER 8, 2005) (d) CONSIDERATION FOR APPROVAL OF CURRENCY EXCHANGE LICENSE RENEWAL FOR WALMART (e) CONSIDERATIONFORAPPROV AL OF ENGINEERING SERVICES AGREEMENT WITHEARTHTECH FOR EA W FOR TREATMENT PLANT WETLAND (t) CONSIDERATIONFORAPPROV AL OF DETOUR AGREEMENT WITH THE STATE OF MINNESOTA FOR HIGHWAY 7/15/22 (g) CONSIDERATIONFORAPPROV AL OF ACCEPTING BIDS FOR LETTING NO. 19, PROJECT NO. 05-23 (WASTEWATER TREATMENT FACULTY BUILDING 90 FILTER PRESS CONTROL PANELS) (h) APPOINTMENT OF HUTCHINSON HOUSING AND REDEVELOPMENT AUTHORITY BOARD MEMBER TO AUGUST 2010 (JOEL KRAFT) Items 5(b)2, 5(b)3, 5(c)1, and 5(t) were pulled for further discussion. Motion by Stotts, second by Peterson, to approve consent agenda with the exception of the above mentioned items. Motion carried unanimously. Item 5(b)2 had further discussion. Mayor Cook asked how fuel is budgeted for with the fluctuation in prices. John Rodeberg stated that gasoline is bid out, however is purchased when the tank is very near empty. Ken Merrill, Finance Director, mentioned that the City has been fortunate as gasoline has been purchased when the prices have been on the more favorable side. A tank of unleaded gasoline typically lasts about a month and a half. Motion by Arndt, second by Haugen, to approve Resolution No. 12841, Resolution for Purchase. Motion carried unanimously. Item 5(b)3 had further discussion. Mayor Cook stated that the ordinance appears to be incomplete so he is suggesting tabling this item until more information is included. Motion by Arndt, second by Peterson, to table this item to November 8,2005. Motion carried unanimously. Item 5( c) 1 had further discussion. Council Member Arndt asked about this annexation and pointed out that all of this area would be annexed except for one portion. John Rodeberg stated that this area needs to be annexed 2 CITY COUNCIL MINUTES - OCTOBER 25, 2005 so it can become part of the City's Municipal State Aid program. The intent is not to force annexation of other properties, but to gain access to the State Aid program. Julie Wischnack noted that one property owner presented at the Planning Commission voicing concerns that he would be forced to be annexed. Ms. Wischnack noted that the annexation does not surround any property but abuts property. Motion by Arndt, second by Haugen, to approve annexation of road right of way on 5th Avenue. Motion carried unanimously. Item 5(t) had further discussion. Mayor Cook noted that included in the packet was the incorrect resolution and no agreement was included. He asked ifthe item could be tabled to the next meeting. John Rodeberg said that would be acceptable and would not hinder any time lines with the schedule. Motion by Arndt, second by Haugen, to table this item to November 8, 2005. Motion carried unanimously. 6. PUBLIC HEARINGS - 6:00 P.M. - NONE 7. COMMUNICATIONS. REQUESTS AND PETITIONS (a) ODOR CONTROL PRESENTATION BY ED NEVERS, DONOHUE & ASSOCIATES Ed Nevers, Donohue & Associates, presented before the Council. Mr. Nevers explained that an evaluation was completed of odor control at different facilities, those being the raw wastewater pumping station, preliminary treatment building and biosolids dewatering/processing building. Overall the evaluation concluded that the preliminary treatment building could be mimmally treated for odor control. The biosolids dewatering operation has minimal odor and the drying operation does produce light odors. To decrease the odors it was recommended to implement an Enhanced System Management which includes a meteorological station, produce alarms with unfavorable weather conditions and obtain services of meteorological consultant to predict advantageous drying data. 8. UNFINISHED BUSINESS 9. NEW BUSINESS (a) CONSIDERATION FOR APPROVAL OF ACCEPTING FUNDING AND PURCHASE OF EQUIPMENT FOR WILDLIFE AREA FIRES/SNOW AND ICE RESCUE PROCEDURES AS REQUESTED BY THE HUTCHINSON FIRE DEPARTMENT Brad Emans, Fire Chief, presented before the Council. ChiefEmans explained that the Fire Department would like to purchase A TV s for grass fires, ice rescue and trail rescue, trailer for transportation and a fire fighting skid. The total project cost for the equipment is $19,560.00. Funding was accomplished by a donation from the Crow River Sno Pros, a Rural Fire Assistance Grant from the US Dept. of the Interior - Fish and Wildlife Service and a financial contribution from the Fire Department. Motion by Arndt, second by Peterson, to approve accepting funding and authorize purchase of equipment for wildlife area fires/snow and ice rescue procedures as requested by the Hutchinson Fire Department. Motion carried unanimously. (b) CONSIDERATION FOR APPROVAL OF PURCHASING BOOKING/MUG SHOT SYSTEM AS REQUESTED BY THE HUTCHINSON POLICE DEPARTMENT Dan Hatten, Chief of Police, presented before the Council. Chief Hatten explained that the current system is outdated and the support company is no longer in business, thus no technical support should the system fail. Because ofthis, the police department is requesting that a new system be purchased for approximately $20,000. Mayor Cook suggested researching to see if a database could be incorporated to work with the system as an alternative. Tom Kloss, Director ofInformation Technology, stated he would research compatibility of the systems and give a report at the next City Council meeting. Motion by Arndt, second by Haugen, to table this item to November 8, 2005. Motion carried unanimously. (c) PRESENTATION BY DOLF MOON, DIRECTOR OF PARKS/RECREATION/COMMUNITY 3 CITY COUNCIL MINUTES - OCTOBER 25, 2005 EDUCATION, ON CITY COUNCIL OBJECTIVE OF COMMUNICATIONS Dolf Moon, Director of Parks/Recreation/Community Education, and Tom Kloss, Director of Information Technology, presented before the Council. Mr. Moon stated that the objective of the group is to improve communication between City Council, public and other governmental units. The team members included Dolf Moon, Tom Kloss and Dan Hatten. Other participants will include the City Council, city staff, media, school district, McLeod County. The group will be soliciting input from several different agencies. Mr. Moon further explained what the group has done to date. Focus group interviews were conducted, quarterly Council/staff meetings were initiated, a joint City/County meeting was held and communication tools were implemented. These communication tools include Request Partner, web pages, and County/City data exchange. Some of the next steps for this objective are to complete media interviews, interview Council Members, meet with school administration and create a communication method list. (d) PRESENTATION BY JULIE WISCHNACK, DIRECTOR OF PLANNING/ZONING/BUILDING, ON CITY COUNCIL OBJECTIVE OF DOWNTOWN PROJECTS Julie Wischnack, Director of Planning/Zoning/Building, presented before the Council. Ms. Wischnack spoke about the Downtown Master Plan and the major components of it. These include implementing design guidelines, Adams Street improvements, Franklm Street improvements, Farmer's Market improvements, Post Office attention, Performing Arts Center creation, and First Avenue Redevelopment. Projects completed thus far that are part of the Downtown Master Plan include Main Street and W ashington Avenue streetscape, "gateway" portion of the Crow River Commons, new liquor store, Hutchinson Hotel and State Theater. Projects that are the forefront include alley improvements, Crow River Commons, Downtown business park and building infill. (e) REVIEW OF 2006 GENERAL FUND BUDGET PARAMETERS Ken Merrill, Finance Director, presented before the Council. Mr. Merrill requested that the Council clarify the parameters to be used for establishing the 2006 budget. His understanding is that staff has been directed to reduce the proposed budget by approximately $131,000. (t) CITY ADMINISTRATOR'S REPORT ON CERTIFICATION OF PROPOSED CITY CHARTER AMENDMENT Gary Plotz, City Administrator, presented before the Council. Mr. Plotz eXplained that at the last Council meeting a petition was received by the City Council for a City Charter amendment. Mr. Plotz stated that the signatures have been verified with those of registered voters and he has found that the number of signatures is insufficient as required by Minnesota statute. Marc Sebora stated that the petition committee has 10 days to submit the additional signatures to raise the level of required signatures. If the required number of signatures is reached within those 10 days, an election will be held for the Charter amendment. If those signatures are not obtained, the petition process would need to begin again. (g) CONSIDERATION OF CITY OF HUTCHINSON POLICY NO. 1.02 ENTITLED "AGENDA, CITY COUNCIL" Mayor Cook noted that approximately four months ago he requested that the City Council packet be put together earlier than it had been to increase communication with Council Members, media and the public. Staff attempted this for three months and some issues arose because of the earlier deadlines. Staff is suggesting that a draft agenda be provided by noon on Tuesday for use by the media and the final agenda/information deadline be moved from Tuesday noon to Thursday noon so the packet can be distributed later on Thursday. Motion by Stotts, second by Peterson, to revise City Policy No. 1.02 to amend the Council agenda deadlines to the following: deadline of agenda topics, Tuesday 12noon, deadline of supporting material, Thursday 12noon. Motion carried unanimously. (h) CONSIDERATION FOR APPROVAL OF SETTING OFFICIAL MEETING FOR ROUNDABOUT OPEN HOUSE ON NOVEMBER 29, 2005, AT 6:00 P.M. 4 CITY COUNCIL MINUTES - OCTOBER 25, 2005 John Rodeberg noted that ajoint open house will be held with Mn/DOT and the City. Mn/DOT is proposing a roundabout at North High Drive and Hwy 15 and the City is proposing one at Adams Street. Motion by Arndt, second by Haugen, to set Roundabout Open House for November 29,2005, at 6:00 p.m. as an official meeting. Motion carried unanimously. (i) CONSIDERATION OF A VARIANCE TO REDUCE DRIVEWAY SETBACK FROM 5 FEET TO 0 FEET TO ADDRESS DRAINAGE PROBLEMS LOCATED AT 145 - 10TH AVE. N.E. WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (ADOPT RESOLUTION NO. 12836) Julie Wischnack, Director of Planning/Zoning/Building, presented before the Council. Ms. Wischnack explained that there was a split vote at the Planning Commission on this issue. Ms. Wischnack explained that neighbors have raised concerns about water running across the road. The recommendation was to approve by the Planning Commission with a 4 to 1 vote. Council Member Stotts noted that concerns had been risen by the neighbor to the south of this property. Kent Exner, City Engineer, presented before the Council. Mr. Exner explained that the north side of 1 Oth Avenue is about one foot higher in elevation than the south side of 1 Oth Avenue. The solution to this problem is to put in 70 feet of new curb line in front ofthe neighbor's house on the south. This will aid in the solution of curing the low spot. Council Member Arndt suggested putting a tile line underneath the newly paved driveway. This would help with the water retention, however the street would need to be cut in to to find a pipe connection. Kelly Goranson, 145 1 Oth Avenue, presented before the Council. Mr. Goranson explained that water pools in his back yard and the gravel washes down to the road. Kent Exner has suggested putting in a design (V notches) that will allow for better water flow to the catch basin. Julie Wischnack suggested adding additional conditions such as per the drawing submitted October 20th and adding drain tile underneath the newly paved driveway. Motion by Arndt, second by Peterson, to approve Resolution No. 12836, variance to reduce the driveway setback, adding the additional condition of "as submitted in the October 20th drawing" and working with engineering on other solutions for the drainage problems. (j) CONSIDERATION OF A VARIANCE REQUESTED BY PAUL BETKER TO INCREASE TWIN HOME LOT COVERAGE TO 40% ON LOT LOCATED AT 265 OTTAWA AVE. S.E. WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (ADOPT RESOLUTION NO. 12837) Julie Wischnack presented before the Council. Ms. Wischnack explained that the Planning Commission recommended approval via a 4 to 1 vote. Ms. Wi schnack further explained that in 1997 the City adopted a lot coverage maximum of35%. One of these twin homes is for a disabled person and needs larger floor space. Motion by Peterson, second by Stotts, to approve Resolution Nos. 12837 and 12838, approving variance to increase twin home lot coverage at 265 and 240 Ottawa Ave. SE. Motion carried unanimously. Mayor Cook suggested having staff and the Planning Commission review the ordinance again to determine whether or not 35% lot coverage is adequate or ifit should be increased to 40% and if the requirement should be required for other residential property types for consistency. Paul Betker, builder, presented before the Council. Mr. Betker explained that homeowners moving into 5 CITY COUNCIL MINUTES - OCTOBER 25, 2005 townhomes are moving from a 1400 sq. ft. home with a basement to a 1400 sq. ft. without a basement. Because of this, townhomes have started to be requested to be built larger to accommodate storage issues. (k) CONSIDERATION OF A VARIANCE REQUESTED BY PAUL BETKER TO INCREASE TWIN HOME LOT COVERAGE TO 39% ON LOT LOCATED AT 240 OTTAWA AVE. S.E. WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (ADOPT RESOLUTION NO. 12838) Motion by Peterson, second by Stotts, to approve Resolution Nos. 12837 and 12838, approving variance to increase twin home lot coverage at 265 and 240 Ottawa Ave. SE. Motion carried unanimously. Mayor Cook suggested having staff and the Planning Commission review the ordinance again to determine whether or not 35% lot coverage is adequate or if it should be increased to 40%. (I) CONSIDERATION OF LOT SPLIT AND REZONING FROM II TO R2 FOR PROPERTY LOCATED AT 997 ROBERTS ROAD SW WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (ADOPT RESOLUTION NO. 12842 AND WAIVE FIRST READING AND SET SECOND READING AND ADOPTION OF ORDINANCE NO. 05-0419 FOR NOVEMBER 8, 2005) Julie Wi schnack presented before the Council. Ms. Wi schnack explained that Goebel Fixture Company has requested a complete rezone. The Planning Commission was somewhat uncomfortable with that due to the loading dock being behind the parcel. The recommendation was to create a lot split and keep Goebel Fixture Company in II and rezone the new parcel as R2. Motion by Haugen, second by Arndt, to approve Resolution No. 12842, approving lot split for property located at 997 Roberts Road SW. Motion carried unanimously. 10. MISCELLANEOUS (a) COMMUNICATIONS Miles Seppelt, EDA Director, presented before the Council. Mr. Seppelt explained that the City directors have compiled some information to prepare for the next City Council budget workshop. He requested to distribute it so that the Council would have ample time to review it. Bill Arndt - Council Member Arndt reminded citizens that snow will be flying soon and asked that they start practicing off-street parking. Gary Plotz - City Administrator Plotz stated that an RFP for the General Manager position at Creek Side has been advertised. Mr. Plotz also stated that a workshop has been scheduled for November 22, 2005. The originally intended scheduled topic was to review the assessment policy. It has been decided to move this topic to January. Instead, the directors are requesting that they are allowed the opportunity to give a presentation on their department breakdowns and how they relate to the essential services identified by the City Council. Motion by Stotts, second by Haugen, to set this topic as the agenda item for the November 22, 2005, City Council workshop. Motion carried unanimously. John Rodeberg - Mr. Rodeberg stated that the City has been recruiting for a senior wastewater operator for three years and a current operator has an offer by another community. The City has found that they pay considerably lower than other communities. Mr. Rodeberg is requesting that the Council authorize him the ability to alter the current employee's wage to retain him. Motion by Peterson, second by Haugen, to alter a current wastewater's salary, as long as it remains within the pay plan. Motion carried unanimously. Mr. Rodeberg also noted that due to the current natural disasters, construction costs have increased dramatically. These increased costs directly affect the water treatment plant project and Hwy 7 project. Mayor Cook - Steve Cook asked Julie Wischnack about discussion the Planning Commission had about special meetings. Ms. Wischnack explained that an idea that came out of that discussion was to charge a special 6 CITY COUNCIL MINUTES - OCTOBER 25, 2005 meeting fee to be paid by the applicant and paid out to the Commissioners for that special meeting. 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 Arndt, seconded by Stotts, to adjourn at 8:05 p.m. 7