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05-09-2006 CCM MINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, MAY 9, 2006 1. CALL TO ORDER - 5:30 P.M. Mayor Steve Cook called the meeting to order. Members present were Kay Peterson, Jim Haugen and Casey Stotts. Member absent was Bill Arndt. Others present were Gary Plotz, City Administrator, John Rodeberg, Public Works Director and Marc Sebora, City Attorney. 2. INVOCATION - Rev. Howard Anderson, Hunter's Ridge Community Church, delivered the invocation. 3. PLEDGE OF ALLEGIANCE 4. MINUTES (a) REGULAR MEETING OF APRIL 25, 2006 (b) BID OPENING MINUTES OF MAY 1,2006 (SPHAGNUM PEAT, REED SEDGE PEAT, BAG FILM, WASHED SAND) Motion by Haugen, second by Peterson, to approve the minutes as presented. Motion carried unanimously. 5. CONSENT AGENDA (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. FIRE DEPARTMENT MONTHLY REPORT FOR APRIL 2006 2. PUBLIC LIBRARY BOARD MINUTES FROM MARCH 27, 2006 3. AIRPORT COMMISSION MINUTES OF MARCH 16,2006 4. PARKS, RECREATION & COMMUNITY EDUCATION BOARD MINUTES OF MARCH 6, 2006 (b) RESOLUTIONS AND ORDINANCES 1. RESOLUTION NO. 12948 - RESOLUTION ALLOWING PLACEMENT OF ANTENNA ON COMMUNICATIONS TOWER LOCATED AT 412 - 3RD AVENUE NW 2. RESOLUTION NO. 12949 - RESOLUTION FOR PURCHASE (COMPOST BAGS AND POWERSCREEN RENTAL) 3. RESOLUTION NO. 12953 -RESOLUTION AUTHORIZING USE OF CITY RIGHT-OF-WAY FOR POPCORN WAGON IN LIBRARY SQUARE 4. RESOLUTION NO. 12954 - RESOLUTION AUTHORIZING USE OF CITY RIGHT -OF -WAY FOR FARMERS MARKET 5. RESOLUTION NO. 12955 - RESOLUTION REGULATING PARKING ON FIRST AVENUE SE DURING FARMERS MARKET SEASON 6. ORDINANCE NO. 06-0435 - ORDINANCE VACATING UTILITY AND DRAINAGE EASEMENTS LOCATED IN JENSEN ADDITION (SECOND READING AND ADOPTION) (c) CONSIDERATION FOR APPROVAL OF PUBLIC DANCE PERMIT FOR JAKE BANDEMER FOR THE POLKAFEST JUNE 8 -10, 2006 (d) CONSIDERATIONFORAPPROV AL OF AUTHORIZING SALE OF VINTAGE FIRE DEPARTMENT BOAT, MOTOR AND TRAILER CITY COUNCIL MINUTES - MA Y 9, 2006 ( e) CONSIDERATION FOR APPROVAL OF ACCEPTING BIDS FOR SPHAGNUM PEAT, REED SEDGE PEAT AND BAG FILM FOR CREEKSIDE COMPOST FACILITY (t) APPOINTMENT OF MARK JELKIN TO POLICE COMMISSION TO MAY 2009 (g) CONSIDERATION FOR APPROVAL OF ITEMS RELATED TO 2006 PAVEMENT REHABILITATION/TRAIL CONSTRUCTION PROJECT (LETTING NO.7, PROJECT NO. 06-07) (h) CONSIDERATION FOR APPROVAL OF IMPROVEMENT PROJECT CHANGE ORDERS - CHANGE ORDER NOS. 2 AND 3, WATER TREATMENT PLANT (LETTING NO.2, PROJECT NO. 06-02) AND CHANGE ORDER NOS. 3 AND 4 - DOWNTOWN STREETSCAPE (LETTING NO.4, PROJECT NO. 05-04 & 05-05) (i) CONSIDERATION FOR APPROVAL OF TRUNK HIGHWAY 15 COALITION PARTICIPATION (j) CONSIDERATION FOR APPROVAL OF SOLICITOR LICENSE FOR BONNIE JENSEN Items 5(b)5, 5(e), 5(g) and 5(h) were pulled for separate action. Motion by Peterson, second by Stotts, to approve consent agenda with the exception of the items noted above. Motion carried unanimously. Item 5(b)5 had further discussion. John Rodeberg explained that this has been an issue for several years and the request of the Downtown Association calls for permanent "No Parking" signs. Dan Hatten, Police Chief, noted that towing is generally not part of parking violations. Historically temporary signs have been placed notifying patrons of the parking restrictions during the Farmers Market. John Rodeberg expressed that if towing begins, the City will receive a separate set of complaints. It was suggested that additional temporary signs be placed on 1 st Avenue and the sidewalk, adding language to the sign that vehicles will be towed, rather than to place permanent signs. Towing will be enforced for parking violations on 1 st Avenue during the Farmers Market. Motion by Stotts, second by Haugen, to approve parking restrictions on 1 st Avenue SW during the Farmers Market, authorizing the placement of temporary "No Parking" signs and authorizing towing for parking violators. Motion carried unanimously. Item 5( e) had further discussion. Mayor Cook questioned the variations in the bid quotes. Doug Johnson, Compost Site Coordinator, stated that different companies offer different options, so the bid specifications allowed for bids to include or not include various items (screening, delivery, etc.). He also explained that the red mulch bid was rejected because of the high bids received. Doug Johnson also noted that a Creekside Open House will be held this weekend at Prieve Landscaping. Prieve Landscaping will be selling Creekside product at a reduced price. The first 200 customers will receive a free 10-lb. bag of potting soil. Mr. Johnson explained that the reason Creekside product is sold off-site to residents is due to safety concerns at the facility. Motion by Stotts, second by Peterson, to accept all bids, except for red mulch bag film and pit-run washed sand. The red mulch bag film bid and sand bid were exceptionally high. Item 5(g) had further discussion. Kent Exner, City Engineer, explained that a variety of projects have been identified for pavement rehabilitation. These include reclaiming and resurfacing sections of Clark Strret, Goebel Street, Milwaukee Avenue, Lewis Avenue, Southview Dnve, Goebel Circle, Spruce Court and some Downtown Alleys. Some curb replacements and draintile installations will be completed as determined necessary. Trail construction will occur along the north side of South Grade Road from Lakewood Drive to Roberts Road. Mayor Cook asked ifparts of the project could be scaled back due to the City's portion of the costs. Major maintenance will occur in the alleys and staff felt that due to the frontage Downtown Streetscape assessments, the costs should not be assessed to the property owners but be paid 100% by the City. Major reconstruction may occur within the next 5-10 years in this area. Mayor Cook suggested doing all the projects that are necessary, but wait on those items that are not as crucial. 2 CITY COUNCIL MINUTES - MA Y 9, 2006 Mayor Cook asked that stafflook into what the costs would be if20-25% ofthe total cost would be assessed to the downtown property owners for the alley reconstruction. Other Council Members voiced that they prefer the alley projects proceed as proposed by staff with the cost being picked up 100% by the City. Staff will present the numbers as if20% is being assessed to the alley property owners and the Council can make the decision, based on the numbers, if anything should be assessed or If the City. Motion by Peterson, second by Stotts, to approve setting public hearing date, including proposing 20% assessments to downtown property owners for alley reconstruction. Motion carried unanimously. This item will be considered with Item 9(b) later on the agenda. Item 5(h) had further discussion. Mayor Cook questioned the change orders regarding the Water Treatment Plant. John Rodeberg explained that these changes relate to regulations required by the Department of Health. Staff will work on appealing the changes required by the Department of Health, but feel that the change orders need to be approved now in order for the construction project to move ahead. Motion by Peterson, second by Haugen, to approve item 5(h). Motion carried unanimously. 6. PUBLIC HEARINGS - 6:00 P.M. (a) CONSIDERATION OF ORDINANCE NO. 06-0436 - AN ORDINANCE GRANTING A FRANCHISE TO HUTCHINSON AREA CHAMBER OF COMMERCE TO PERMIT "EVENT SPECIFIC" BANNERS ON CITY-OWNED PARK PROPERTY LOCATED AT 50 HASSAN STREET SE (WAIVE FIRST READING AND SET SECOND READING AND ADOPTION FOR MAY 23, 2006) Bonnie Baumetz, Planning Coordinator, spoke on behalf of Marc Vaillancourt of the Chamber of Commerce. Ms. Baumetz explained that the Chamber is requesting that event banners be placed in Library Square based on event-specific dates, such as Music in the Park, Dairy Days, etc. The Chamber will be placing the banners on event dates. These banners are meant to be used as a community sign for Chamber- sponsored events. Discussion was held about other events not sponsored by the Chamber of Commerce that would want to place a sign in Library Square. Motion by Peterson, second by Haugen, to close public hearing. Motion carried unanimously. Motion by Haugen, second by Stotts, to approve a three-year agreement, with a three-year renewal, waiving annual fee and waiving first reading and setting second reading and adoption of Ordinance No. 06-0436 for May 23,2006. The four specific events will be included in the final franchise agreement. Motion carried unanimously. (b) CONSIDERATION OF ORDINANCE NO. 06-0437 - AN ORDINANCE GRANTING CROW RIVER GOLF CLUB THE RIGHT TO PLACE A DRIVEWAY OVER AND ABOVE CERTAIN PROPERTY LOCATED AT THE NORTH WATER TOWER, 958 GOLF COURSE ROAD NW (WAIVE FIR READING AND SET SECOND READING AND ADOPTION FOR MAY 23, 2006) Bonnie Baumetz, Planning Coordinator, presented before the Council. The Crow River Golf Club has requested to cross over city-owned land to gain access to a future shed. John Rodeberg stated staff has no major issues with this request, but asked that the franchise agreement address closure for safety issues if necessary. These issues will be addressed in the ordinance prior to the second reading. It was suggested that a representative from the Golf Club be present at the next meeting to address questions and other issues. Motion by Stotts, second by Peterson, to close public hearing. Motion carried unanimously. Motion by Stotts, second by Peterson, to approve waiving first reading and setting second reading and adoption of Ordinance No. 06-0437 for May 23,2006. Motion carried unanimously. 7. COMMUNICATIONS. REQUESTS AND PETITIONS (a) PRESENTATION BY AMY WILDE, MEEKER COUNTY COMMISSIONER AND MEEKER- MCLEOD-SIBLEY COMMUNITY HEALTH SERVICES BOARD MEMBER (SENIOR CITIZENS 3 CITY COUNCIL MINUTES - MA Y 9, 2006 SURVEY) Amy Wilde presented before the Council. Ms. Wilde delivered a presentation on senior citizens who were surveyed in the area regarding housing, support families who are caregivers, city infrastructure, transportation, community participation, safety & financial security, health/wellness, services for seniors, access to medical care and access to exercise. The overall view of Hutchinson of the seniors surveyed indicated that they definitely plan to spend the rest of their retirement in Hutchinson. (b) ECONOMIC DEVELOPMENT AUTHORITY UPDATE BY MILES SEPPEL T, EDA DIRECTOR Miles Seppelt, EDA Director, presented before the Council. Mr. Seppelt gave an update as to activities of the EDA. One of the items bemg initiated is a retail business roundtable which will also incorporate two programs for retailers. Casey Stotts, in addition to the mayor, volunteered to serve as a Council rep on the roundtable discussions. In addition, the liquor store parking lot is being reconstructed starting this week, as well as construction being conducted on Washington Street. Cornerstone Commons is moving ahead. Industrial Park signage is being initiated and progress is being made on Company X moving into the Industrial Park. 8. UNFINISHED BUSINESS 9. NEW BUSINESS (a) DISCUSSION OF HWY 7 DETOUR John Rodeberg, Public Works Director, presented before the Council. Mr. Rodeberg explained that some complaints have been received by residents living on the detour as well as some traffic back-ups that have occurred on Main Street. Some improvements made thus far have been a four-way flashing stoplight at Hwy 7 and Hwy 15 as well as adding a traffic controller on Friday afternoons at the Hwy 15/Sixth Avenue stop sign. At this time, the detour will not be relocated. Mr. Rodeberg encouraged residents to find alternative routes and drive carefully. The next stage of construction is scheduled to begin approximately June 15 (closing of Hwy 15/Hwy 7). The detour and traffic flows are constantly monitored and will be altered if deemed necessary. It was noted that Sixth Avenue will be proposed for reconstruction after the detour. This road had met the end of its life prior to the detour going into effect. Discussion was held regarding alternative routes. (b) CONSIDERATION FOR APPROVAL OF ITEMS RELATED TO DENVER AVENUE SE IMPROVEMENTS (LETTING NO.3, PROJECT NO. 06-03) - APPROVING PLANS & SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS Kent Exner, City Engineer, presented before the Council. Mr. Exner explained the Denver Avenue SE improvements as well as delivered a bonding program update. The pre-bid estimated project cost for Denver Avenue is $1.1 million. The total 2006 bonding program original estimate for the scheduled projects (Hwy 7, Denver Avenue, trail/sidewalk/overlay, NE trunk storm sewer, street reconstruction and pavement rehab) came in at a potential bond amount of $2.8 million. A revised estimate has now been arrived at $3.1 million. Mr. Exner then presented a proposed 2006 bonding program deducting the Denver Avenue project, which would then bring the bonding amount to approximately $2.6 million. By dropping the Denver Avenue project, this may allow the City to pay for the Hwy 7 project entirely in 2006. A big part of the decision on whether or not to proceed on Denver Avenue lies with Farr Development and their mtentions. Farr Development has indicated that they may have a commercial purchaser and hope to move forward with development in the near future. Discussions will be held with Farr Development for more concrete plans. It was recommended that construction be made up to Montreal Street on Denver Avenue, requiring Farr Development to pay assessments the first five years and Ridgewater College paying assessments the second five years. Discussion was held regarding construction of the trail on South Grade Road as well as other projects proposed in the pavement management system. 4 CITY COUNCIL MINUTES - MA Y 9, 2006 (c) CONSIDERATION FOR APPROVAL OF AGREEMENT BETWEEN CITY OF HUTCHINSON AND HUTCHINSON COMMUNITY VIDEO NETWORK Gary Plotz, City Administrator, stated that an agreement has been proposed for work that has been completed and will be completed by Hutchinson Community Video Network. This agreement addresses upgrade of City Council Chamber Video and audio facilities, HCVN cooperation with respect to equipment, continuing cooperation, HCVN capital acquisitions and rent. Three funds cover these items: franchise fund, general fund and future technology fund. Motion by Stotts, second by Peterson, to approve agreement between City of Hutchinson and Hutchinson Community Video Network. Motion carried unanimously. (d) CONSIDERATION FOR APPROVAL OF PURCHASE AGREEMENT BETWEEN MILLER MANUFACTURING AND CITY OF HUTCHINSON Marc Sebora, City Attorney, stated that the hospital has requested that this item be tabled in order to tie up a few loose ends before formal action is taken. Motion by Haugen, second by Stotts, to table this item. Motion carried unanimously. (e) CONSIDERATION FOR APPROVAL OF RESETTING MAY 23,2006, CITY COUNCIL MEETING DUE TO SPECIAL SCHOOL DISTRICT ELECTION Motion by Peterson, second by Stotts, to approve resetting May 23,2006, City Council meeting to May 22, 2006, at 5:30 p.m. Motion carried unanimously. (t) CLOSED SESSION UNDER MINNESOTA STATUTE IJD.05, SUBD. 3(C) TO CONSIDER PROPERTY ACQUISITION (110 4th AVENUE NE, 1452 D AVENUE SE AND 146 MAIN STREET NORTH) Motion by Stotts, second by Haugen, to move into closed session at 8:15 p.m. Motion carried unanimously. Motion by Peterson, second by Haugen, to reconvene into open session at 8:45 p.m. 10. MISCELLANEOUS (a) COMMUNICATIONS Casey Stotts - Council Member Stotts stated that a property owner has requested a stop sign be put in on Jefferson Street/Jefferson Court. The property owner will be present at the next City Council meeting to discuss his concerns. John Rodeberg - Mr. Rodeberg explained that a mailing will be going out with water bills on Friday regarding mosquito control. He also mentioned that several issues have arisen with sump pumps. Lastly, Mr. Rodeberg mentioned that the Legion requested that a directional sign be placed on Hwy 7 directing attendees of the Legion's Conference. Miles Seppelt - Mr. Seppelt explained that Company X has requested that the assessments be deferred on the lot they have purchased in the Industrial Park until their project is complete. The Council directed that they felt the buyers knew of this policy when the lot was purchased and they have received JOBZ designation. Mayor Cook - Steve Cook mentioned that at the Board of Review hearing last week, the County Assessor informed the Board that commercial property valuations will be increasing next year due to the low volume of sales. Mayor Cook also asked that the location of the flower pots on Main Street be reviewed as they are right in the middle of some parking stalls. 5 CITY COUNCIL MINUTES - MA Y 9, 2006 11. CLAIMS. APPROPRIATIONS AND CONTRACT PAYMENTS Motion by Peterson, second by Haugen, to approve claims, appropriations and contract payments. Motion carried unanimously. 12. ADJOURN Motion by Stotts, second by Peterson, to adjourn at 8:46 p.m. Motion carried unanimously. 6