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03-28-2006 CCM MINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, MARCH 28, 2006 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, Public Works Director and Marc Sebora, City Attorney. 2. INVOCATION - Rev. Gerhard Bode, Peace Lutheran Church, delivered the invocation. 3. PLEDGE OF ALLEGIANCE 4. MINUTES (a) REGULAR MEETING OF MARCH 14,2006 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. PARKS, RECREATION, COMMUNITY EDUCATION BOARD MINUTES FROM FEBRUARY 6, 2006 2. AIRPORT COMMISSION MINUTES FROM JANUARY 19,2006, AND FEBRUARY 14,2006 3. PLANNING COMMISSION MINUTES FROM FEBRUARY 15,2006 4. HRA MINUTES FROM FEBRUARY 21,2006 5. FEBRUARY, 2006, CITY GENERAL FUND FINANCIAL REPORT 6. HAHC FEBRUARY, 2006, FINANCIAL REPORT (b) RESOLUTIONS AND ORDINANCES 1. RESOLUTION NO. 12926 - RESOLUTION TO SELL AT AUCTION SURPLUS PROPERTY 2. RESOLUTION NO. 12927 - RESOLUTION TO SELL AT AUCTION UNCLAIMED PROPERTY 3. RESOLUTION NO. 12928 - RESOLUTION APPROVING RE-ALLOCATION OF AFFORDABLE HOUSING FEES TO THE HRA ENTRY COST ASSISTANCE PROGRAM 4. RESOLUTION NO. 12929 - RESOLUTION FOR PURCHASE (c) PLANNING COMMISSION ITEMS 1. CONSIDERATION OF LOT SPLIT AND CONDITIONAL USE PERMIT TO AMEND THE PLANNED DEVELOPMENT DISTRICT SUBMITTED BY CROW RIVER HABITAT FOR HUMANITY LOCATED AT 570 HILL TOP DRIVE NE FOR CONSTRUCTION OF A TWIN HOME WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (ADOPT RESOLUTION NO. 12919 AND 12920) 2. CONSIDERATION OF A REQUEST FOR A VARIANCE TO REDUCE PARKING REQUIRED AT CITY COUNCIL MINUTES - MARCH 28, 2006 A NEW HARDWARE STORE TO BE LOCATED AT 108 1ST AVENUE NE WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (ADOPT RESOLUTION NO. 12921 3. CONSIDERATION OF A REQUEST FOR A CONDITIONAL USE PERMIT TO ALLOW OPERATION OF A PLUBMING BUSINESS TO BE LOCATED AT 15 MONROE STREET SE IN THE INDUSTRICAL/COMMERCIAL DISTRICT WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (ADOPT RESOLUTION NO. 12922) 4. CONSIDERATION OF A CONDITIONAL USE PERMIT TO ALLOW TENT SALE OF FIREWORKS IN THE WALMART PARKING LOT LOCATED AT 1300 HWY 15 SOUTH WITH STAFF RECOMMENDATION AND FA VORABLERECOMMENDATION (ADOPT RESOLUTION NO. 12923) (d) CONSIDERATION FOR APPROVAL OF SHORT-TERM GAMBLING LICENSE FOR 3M CLUB ON APRIL 29, 2006, AT THE 3M CLUB BUILDING (e) CONSIDERATION FOR APPROVAL OF SHORT-TERM GAMBLING LICENSE FOR MCLEOD COUNTY PHEASANTS FOREVER ON APRIL 8, 2006, AT MCLEOD COUNTY FAIRGROUNDS (t) CONSIDERATION FOR APPROVAL OF TRANSIENT MERCHANT LICENSE FOR RICHARD SEIPEL TO SELL PRODUCE IN THE RUNNINGS PARKING LOT FROM MAY 26 - OCTOBER 31, 2006 (g) CONSIDERATION FOR APPROVAL OF TRANSIENT MERCHANT LICENSE FOR RANDY HERRMAN TO SELL FIREWORKS IN THE W ALMART PARKING LOT FROM JUNE 22 - JULY 4, 2006 (h) CONSIDERATION OF CHANGE ORDER FOR LIQUOR STORE (i) APPOINTMENT OF MAYOR COOK TO THE PUBLIC ARTS COMMISSION (j) CONSIDERATION FOR APPROV AL OF TEMPORARY RECYCLABLE MATERIAL COLLECTION FOR CAN MAN 2 RECYCLING EVERY SATURDAY FROM 9 A.M. - 3 P.M. (k) CONSIDERATION FOR APPROV AL OF ON-SALE INTOXICATING LIQUOR LICENSE RENEWAL FOR MAIN SPORTS BAR AND SONORA'S MEXICAN RESTAURANT Motion by Stotts, second by Peterson, to approve consent agenda. Motion carried unanimously. 6. PUBLIC HEARINGS - 6:00 P.M. (a) CONSIDERATION FOR APPROVAL OF FRANCHISE AGREEMENT WITH AQUARIA PETS FOR THE PURPOSE OF ALLOWING THE PLACEMENT OF A BICYCLE RACK LOCATED ON PUBLIC RIGHT-OF-WAY (WAIVE FIRST READING AND SET SECOND READING AND ADOPTION OF ORDINANCE NO. 06-0432 FOR APRIL 11,2006) Bonnie Baumetz, Planning Coordinator, presented before the Council. Ms. Baumetz explained that the applicant has applied for a franchise agreement to use public sidewalk to place two bicycle racks. These bicycle racks are for the purpose of the customers of Aquaria Pets. The franchise granted to Outdoor Motion for the same purpose was for one year with a $25.00 fee. John Rodeberg, Public Works Director, noted that bicycles are not allowed to be ridden on Main Street, which may be a conflict to the granting of this franchise. However, he realizes that bicycles are ridden regardless. As noted by Staff and Council, it is legal to walk the bikes on the sidewalk, although this appears to be rarely done. Also, bikes are very evident at the store, and adding bike racks should be a safety improvement. Council and staff noted that a one year franchise agreement that addresses encroachment and safety issues would be in line with the previous agreement with Outdoor Motion, and it would allow a 2 CITY COUNCIL MINUTES - MARCH 28, 2006 review after the first year. Motion by Arndt, second by Peterson, to close public hearing. Motion carried unanimously. Motion by Arndt, second by Haugen, to waive first reading and set second reading and adoption of Ordinance No. 06-0432 for April 11, 2006, incorporating a $25.00 fee and in place until January 2007. Motion carried unanimously. 7. COMMUNICATIONS. REQUESTS AND PETITIONS 8. UNFINISHED BUSINESS 9. NEW BUSINESS (a) CONSIDERATION OF AWARDING CONTRACT FOR EVENT CENTER CANOPY (LI0/06-12) John McNamara, Wold Architects, presented before the Council. Mr. McNamara explained that nine bids were received for construction of the Event Center canopy. The low bid came in well within the budget. Wold Architects is recommending awarding the bid in a total amount of $114,400 (including the base bid and alternate #1) to Salonek Construction of Springfield, MN. Mr. McNamara is also requesting that approximately $50,000 be budgeted for architectural fees, printing, testing and construction contingency. Motion by Stotts, second by Peterson, to award contract for Event Center canopy to Salonek Construction. Total project cost is estimated at $165,000. Motion carried unanimously. (b) DISCUSSION OF ADOPTING NEW DESIGN STANDARDS BY ORDINANCE (1) SUMP DISCHARGE CONNECTION TO CURB DRAIN (2) CONCRETE DRIVEWAY PANEL AND CURB OPENING (3) PUBLIC UTILITY SERVICE INSTALLATIONS Kent Exner, City Engineer, presented before the Council. Mr. Exner stated that staff has identified some design standards that should be implemented. These issues were suggested to the Planning Commission and no objections were made. The first design recommendation staff is making is that all new homes make a direct, gravity connection of the sump pump system from the house to the installed draintile behind the curb and gutter where available. This is a standard for many other cities. Due to several issues between neighboring properties, algae growth, recycling runoff, ice buildups, etc., staff feels this standard is necessary. The second issue staff has identified relates to concrete driveway panels and curb openings. Because residential lots are being built smaller and driveways are being built larger, several issues have arisen such as intensive stormwater runoff, less landscaping area, lack of boulevard space, etc. Staff is recommending limiting the width of driveways to 24' on the City street right-of-way. The driveway may then widen after the property line. The last issue staff has identified relates to public utility service installations. Recent State legislation now requires all public utility service pipes be located by City staffup to the private property line. This means that the City must have physical means to locate the infrastructure. Staff has developed standards to installation of water shut-offs and sewer clean-outs, curb stamping and tie-card preparatiOn. These issues will be developed into ordinances for the Council to consider at a future date. (c) CONSIDERATION OF CONSULTING AGREEMENTS WITH DONOHUE & ASSOCIATES FOR SERVICES AT THE WASTEWATER TREATMENT FACILITY (1) CONTINUING PROFESSIONAL SERVICES AGREEMENT (2) TASK ORDER NO. 1 (FLOATING AERATOR INSTALLATION & MEMBRANE TECHNOLOGY EVALUATION) (3) TASK ORDER NO.2 (SCADA/PROGRAMMABLE PLANT CONTROL AND 3 CITY COUNCIL MINUTES - MARCH 28, 2006 HMI COMPUTER SYSTEM) John Rodeberg, Public Works Director, presented before the Council. Mr. Rodeberg explained that these agreements include a base contract which identifies each task order, which will be presented separately to the Council. Task Order No. 1 relates to the installation of floating aerators required in the short-term to treat increased industrial flows. Task Order No.2 relates to the planning report for budgeted improvements to the computerized operational systems at the wastewater treatment facility. Council Member Haugen questioned the contractor's liability insurance on each agreement. John Rodeberg noted that there is an industry standard incorporated. However, he suggested that the City Attorney review the amounts to make sure they are sufficient amounts. Motion by Stotts, second by Haugen, to approve consulting agreements with Donohue & Associates for services at the wastewater treatment facility. Motion carried unanimously. (d) CONSIDERATION OF IMPROVEMENTS RELATED TO STATE HIGHWAY 7 (SA-5079-Ll/06-01) (1) RESOLUTION DECLARING COST TO BE ASSESSED & ORDERING PREPARATION OF PROPOSED ASSESSMENT (RESOLUTION #12924) (2) ASSESSMENT ROLL (3) RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT (RESOLUTION #12925) (4) NOTICE OF HEARING ON PROPOSED ASSESSMENT (PUBLICATION #7444) John Rodeberg, Public Works Director, and Kent Exner, City Engineer, presented before the Council. Mr. Rodeberg noted that this item is mainly to set a public hearing for April 11, 2006. 132 properties are included on this assessment roll. Staff intends to send out the highest possible assessment rate to the property owners, as they can be decreased but not increased. More than likely the public hearing will need to be continued to April 25, 2006, with an informal meeting held in between time. Total cost of the project is budgeted at $5.3 million for the City of Hutchinson. This is 5% higher than first estimated, but is due mainly to higher bituminous costs and other higher costs. John Rodeberg reviewed the 2006 bond program for the scheduled improvement projects. Kent Exner reviewed the assessment process for the project. The general street/drainage assessment rate was calculated at $44.73/LF per assessable frontage. The utility service assessment rate was determined to be $2,074.20 per set of typical utility services. The general street/drainage assessment is lower than the estimated amount that had been communicated earlier to property owners. Some properties that are showing deferred assessments are currently state-owned property or are vacant lots. Motion by Stotts, second by Peterson, to approve improvements related to State Highway 7. Motion carried unanimously. (e) DISCUSSION OF CENTURY AVENUE WATER TOWER REHABILITATION PROJECT (L8/06-1 0) Kent Exner, City Engineer, presented before the Council. Mr. Exner explained that a design plan and bid documents have been put together for this project. Dependent on the bid results, the project will either begin in the Spring of 2006 or late Fall of 2006. The bids are scheduled to be opened April 14, 2006. (t) ADOPT COUNCIL 2007 BUDGET PARAMETERS Gary Plotz, City Administrator, presented before the City Council. Mr. Plotz noted that the mayor has suggested budget parameters to be implemented for 2007. Staff has been studying these parameters to analyze how they would affect the City financially. Ken Merrill, Finance Director, presented before the Council. Mr. Merrill noted that with the parameters suggested, an increase of $465,500 in general fund revenues would be necessary. These revenue sources would include approximately $112,000 in taxes, $75,000 in transfers and $188,000 in other revenue. This would mean that fees, mainly, would need to increase approximately 17%. This would satisfY the parameter 4 CITY COUNCIL MINUTES - MARCH 28, 2006 of keeping the total general fund increase at 4.5%. Mr. Merrill also noted that the 2006 budget allows for the addition of a finance position, police officer and street maintenance. These positions will impact the 2007 budget. An alternative to the parameters identified in the Council packet has been formulated. This alternative includes increase in salaries to 2.7%, health insurance and Medicare to 10%, PERA increase at 15% and other at 3.0%. The alternative also includes funding of the positions mentioned above. These parameters would allow for the general fund budget to increase by 5.1 %. This alternative also incorporates an increase to rents, fees, etc. to 3.1 % as opposed to 17%. This alternative calls for the numbers to be adjusted downward approximately $91,000. Council Member Stotts suggested that this topic be presented at a special meeting or a work shop to review the information in more detail. Motion by Stotts, second by Peterson, to table this item and set it for discussion at a workshop for April 4, 2006, at 3:00 p.m. at the Event Center. Also to be discussed will be reorganization of building inspections. Motion carried unanimously. (g) DISCUSSION OF ADMINISTRATIVE PENALTIES FOR TRAFFIC VIOLATIONS, PRESENTED BY ATTY. MARC SEBORA Marc Sebora, City Attorney, presented before the Council. Mr. Sebora explained that this topic has been brought up over the last few years. This topic surrounds the option ofthe City implementing administrative penalties for traffic violations (i.e. speeding) as opposed to a citation being issued. Currently, the City receives approximately 1/3 ofthe fine paid by a violator. Mr. Sebora pointed out that the Attorney General and State Auditor have issued letters implying that it is not within a city's authority to impose such administrative penalties due to the state adopting a criminal code for traffic violations. Although no formal decisions have been made on the issue, the implementation of such penalties is uncertain in the legal realm. One other item to consider is that if an individual would pay an administrative penalty, the violation would not go on the individual's driving record as a violation. Council Member Stotts noted that the features that he likes about the program is that the offense does not go on the violators driving record and the violator p'ays a lesser fine. He also likes the fact that the entire fine amount comes directly to the City. He would like to pursue this program. Mayor Cook noted he would like to identify the costs associated with administering such a program. He expressed that this may be a good program to generate more revenue for the City. (h) CLOSED SESSION UNDER MINNESOTA STATUTE 13D.05 SUBD. 3(C) TO CONSIDER PROPERTY AQUISITION RELATING TO LOT 8, BLOCK 2, CEDAR ACRES SUBDIVISION, HUTCHINSON The Council went into closed session at 7:55 p.m. with a motion made by Arndt, seconded by Arndt. The property address at discussion is 211 Freemont Street. Motion carried unanimously. Regular session was reopened at 8:06 p.m. 10. MISCELLANEOUS (a) COMMUNICATIONS Roger Petersen, 1300 Sherwood Street, presented before the Council. Mr. Petersen voiced his opinion regarding the proposed McLeod County smoking ban, of which he is against. Mr. Petersen also stated that he feels it should be up to the homeowner to remove snow from the newly built trails, as opposed to the City removing the snow. Mr. Petersen also voiced that he is opposed to the use of roundabouts. Mr. Petersen lastly voiced his concerns on the City's use of so many consultants. Council Member Arndt - Bill Arndt noted that residents have contacted him regarding mosquito spraying. 5 CITY COUNCIL MINUTES - MARCH 28, 2006 John Rodeberg noted that there is an opt out if a resident would not want their property sprayed. Mr. Arndt also asked Gary Plotz ifhe had obtained costs for a spring clean-up, which would be in addition to the white goods pick up day. Mr. Plotz noted at this time this special program would need to be paid for out of the water/sewer/refuse fund. Some roll-off containers could be placed throughout the city. This would cost approximately $250/per container/per pull to the landfill. This is a price break offered by Waste Management. Another quote will be obtained from a different vendor. Mr. Plotz suggested to limiting this to three days, as well as waiting to implement this until after the white good pick up day. It will also need to be clarified that this is for residential users and not commerciallindustnal users. The roll-off containers will need to be monitored in some fashion. Council Member Stotts voiced that he does not feel the City should be spending money on this type of venture. Although he feels it is a good idea, it is not cost-effective. Motion by Arndt to authorize obtaining roll-offs for a one-day spring cleaning event. Motion failed for want of a second. Gary Plotz - Mr. Plotz noted that the Police Commission is refining their procedure for selection of police chief. They will be making a report to the Council when the procedure is fully defined. John Rodeberg - Mr. Rodeberg asked that the Roundabout Open House be formally set. Motion by Arndt, second by Peterson, to set the Roundabout Open House for April 4, 2006, at 5:00 p.m. at the Event Center. Motion carried unanimously. Mayor Cook - Mayor Cook noted that he has done much research on the effects of mosquito spray and has found the same information that the Clark representative delivered to the Council, which is that the issue surrounds the dosage of the chemical and how it is managed. 11. CLAIMS. APPROPRIATIONS AND CONTRACT PAYMENTS Motion by Peterson, second by Stotts, to pay claims, appropriations and contract payments. Motion carried unanimously. 12. ADJOURN With no further business to discuss, a motion was made by Haugen, and seconded by Arndt, to adjourn at 8:07 p.m. 6