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05-22-2006 CCM MINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL MONDAY, MAY 22, 2006 1. CALL TO ORDER - 5:30 P.M. Mayor Steve Cook called the meeting to order. Members present were Kay Peterson, Jim Haugen, Bill Arndt and Casey Stotts. 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 3. PLEDGE OF ALLEGIANCE 4. MINUTES (a) REGULAR MEETING OF MAY 9,2006 Motion by Peterson, second by Stotts, to approve the minutes as presented. Motion carried unanimously. 5. CONSENT AGENDA (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. BUILDING DEPARTMENT MONTHLY REPORT FOR APRIL 2006 2. MOTOR VEHICLE MONTHLY REPORT FOR MARCH 2006 3. PLANNING COMMISSION MINUTES FROM APRIL 18,2006 4. HUTCHINSON AREA HEALTH CARE FINANCIAL REPORT FOR APRIL 2006 5. CITY OF HUTCHINSON FINANCIAL REPORT FOR APRIL 2006 6. CITY OF HUTCHINSON INVESTMENT REPORT FOR APRIL 2006 (b) RESOLUTIONS AND ORDINANCES 1. RESOLUTION NO. 12956 - RESOLUTION AMENDING 2006 BUILDING PERMIT FEE SCHEDULE 2. RESOLUTION NO. 12966 - RESOLUTION FOR PURCHASE (RESURFACE TENNIS COURT, WIRE AERATION UNITS, AERATION UNITS, UNLEADED GASOLINE, BIODIESEL) 3. 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 (SECOND READING AND ADOPTION) 4. 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 (SECOND READING AND ADOPTION) (c) PLANNING COMMISSION ITEMS 1. CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY CROW RIVER BUILDERS TO CONSTRUCT A 11,640 SQ. FT. POLE TYPE STRUCTURE ON PROPERTY LOCATED AT 1135 HWY 7 WEST WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (ADOPT RESOLUTION NO. 12957) 2. CONSIDERATION OF A VARIANCE REQUESTED BY CHRISTIAN CHRISTENSEN TO ALLOW CONSTRUCTION OF A DETACHED GARAGE IN THE FRONT YARD LOCATED AT 915 2ND AVENUE SW WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION CITY COUNCIL MINUTES - MA Y 22, 2006 (ADOPT RESOLUTION NO. 12958) 3. CONSIDERATION OF A VARIANCE TO REDUCE LOT DEPTH EIGHT FEET AND A LOT SPLIT LOCATED AT 175 OAKE LANE SE WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (ADOPT RESOLUTION NO. 12960) 4. CONSIDERATION OF A CONDITIONAL USE PERMIT REQUESTED BY CHRIST THE KING CHURCH, 1040 SOUTH GRADE ROAD SW, TO EXPAND THE PARKING LOT AND ADD AN EXIT ONTO SOUTH GRADE ROAD WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (ADOPT RESOLUTION NO. 12961) (d) CONSIDERATION FOR APPROVAL OF LEASE AGREEMENT BETWEEN REXALL DRUG AND HUTCHINSON AREA HEALTH CARE (e) CONSIDERATION FOR APPROVAL OF SOLICITOR'S LICENSE FOR KURT BOOHERS OF KIRBY COMPANY TO CONDUCT DOOR-TO-DOOR SALES OF HOME CARE PRODUCTS (t) CONSIDERATION FOR APPROVAL OF LEASE RENEWAL BETWEEN THE CITY OF HUTCHINSON AND MINNESOTA DEPARTMENT OF PUBLIC SAFETY FOR DRIVER EXAMINATION STATION IN COUNCIL CHAMBERS (g) CONSIDERATION FOR APPROVAL OF ADOPTING AMENDED ASSESSMENT ROLL NO. 5073- MICHIGAN STREET (LETTING NO.7, PROJECT NO. 05-07) (h) CONSIDERATION FOR APPROVAL OF REVISED CHANGE ORDER NO.6 (LIQUOR HUTCH PROJECT) (i) CONSIDERATION FOR APPROVAL OF ACQUISITION OF LAP AROSCOPIC VIDEO TOWER AND OMNICELL SYSTEM UPGRADE AS REQUESTED BY HUTCHINSON AREA HEALTH CARE Items 5(b )3, 5(b )4, and 5(t) were pulled for separate action. Motion by Stotts, second by Peterson, to approve consent agenda with the exception of the items indicated above. Motion carried unanimously. Item 5(b)3 had further discussion. Mayor Cook noted that the four events have now been listed specifically in the ordinance which include Arts & Crafts Festival, Dairy Days, Movie Under the Stars and Music in the Park. Mayor Cook noted that he would prefer that the poles that the banners are hung on be temporary as opposed to being permanently mounted. Motion by Cook, second by Stotts, to approve the franchise agreement with the stipulation that receiver- type poles be used and if a different pole must be used, the Chamber of Commerce seek Council approval. Item 5(b)4 had further discussion. City Attorney Marc Sebora stated that the Crow River Golf Club's legal counsel is researching some informatiOn and asked that this item be tabled until the next meeting. Motion by Peterson, second by Stotts, to table this item to June 13,2006. Motion carried unanimously. Item 5(t) had further discussion. Mayor Cook questioned the length of term of the lease. Gary Plotz noted that negotiations were made between Lenny Rutledge, Building Official, and Marilyn Hed, Deputy Registrar, and the DPS for the rental rate and the rate has increased significantly. Motion by Arndt, second by Haugen, to approve lease agreement with Department of Public Safety for use of the City Council Chambers for driver testing. Motion carried unanimously. 6. PUBLIC HEARINGS - 6:00 P.M. (a) CONSIDERATION FOR APPROV AL OF ITEMS RELATED TO 2006 PAVEMENT REHABILITATION AND TRAIL CONSTRUCTION - LETTING NO.7, PROJECT NO. 06-07 & 06-09 ORDERING IMPROVEMENT AND PREPARATION OF PLANS & SPECIFICATIONS APPROVING PLANS & SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS 2 CITY COUNCIL MINUTES - MA Y 22, 2006 Kent Exner, City Engineer, presented before the Council. Mr. Exner reviewed information that was reviewed with the neighborhoods last week. Exner stated that overall the property owners in the residential areas are in favor of the overlay projects. One property owner on Main Street voiced concerns of having new assessments so soon after being assessed for the project just completed. Kent Exner reviewed the streets that are proposed to have pavement rehabilitation and trail construction, which include Milwaukee Avenue, Goebel Street, Lewis Avenue, Southview Drive, Goebel Circle, Clark Street and Spruce Court. The scope of the project includes pavement reclamation, draintile with sump services installations, grading, sub grade correction, aggregate base, minimal concrete curb and gutter replacements, bituminous base, bituminous surfacing and sodding. The work in the downtown alleys will include pavement removal, grading, aggregate base, bituminous base, and bituminous surfacing. Total project costs are estimated at $529,000. The City is proposing to pay 50% of the pavement rehabilitation and draintile installation costs in the residential streets and 80% of the pavement rehabilitation costs in the downtown alleys. The water distribution system improvements will be paid 100% by the City. The total estimated assessments for the residential streets are projected at $27.50/FF and for the downtown alleys at $9.00/FF. The assessments are allocated over a five-year term. June Inselmann, Southview Drive, presented before the Council. Ms. Inselmann feels that the pavement rehabilitation in the residential areas should proceed. Myron Johnson, 907 Lewis Avenue, presented before the Council. Mr. Johnson stated that he did not receive a meeting notice for the neighborhood meeting, but only tonight's public hearing. Mr. Johnson stated that he lives on the one-way portion of Lewis Avenue, however it has become a two-way street by drivers who violate the signs. Mr. Johnson commented that maybe the bituminous should be thicker in this area as it seems to be a high traffic street. He requested that heavy trucks be restricted from this portion of Lewis Avenue. Mr. Johnson stated he is not opposed to the project on the residential streets. Kent Exner stated that staffs intentions are to put in the street as if it were new, but use the soil that currently exists. John Rodeberg noted that this portion of Lewis Avenue is not a truck route. The street will be constructed stronger than it was before. In addition, enforcement of the one-way portion needs to be addressed. Motion by Arndt, second by Peterson, to close public hearing. Motion carried unanimously. Motion by Stotts, second by Peterson, to order improvement and preparation of plans & specifications and approve plans & specifications and order advertisement for bids. General discussion was held regarding the downtown alley portion of the project. Motion carried unanimously. 7. COMMUNICATIONS. REQUESTS AND PETITIONS 8. UNFINISHED BUSINESS 9. NEW BUSINESS (a) CONSIDERATION OF A VARIANCES REQUESTED BY JIM AND KRISTEN KLEIN TO ALLOW CONSTRUCTION OF A SECOND DETACHED GARAGE WITH UNFAVORABLE RECOMMENDATION AND TO REDUCE DRIVEWAY SETBACK WITH FAVORABLE RECOMMENDATION LOCATED AT 589 HASSAN STREET SE (ADOPT RESOLUTION NOS. 12959 AND 12967) Bonnie Baumetz, Planning Coordinator, presented before the Council. Ms. Baumetz explained that the Kleins requested variances to reduce driveway setback and construct a second detached garage. The Planning Commission approved a variance for the driveway setback to remain as it is now, which is less than three feet from the property line. The second variance request was to construct a new detached garage. The Kleins currently have a detached garage and a shed on the property. The applicants stated they would be taking down the shed with the construction of the new detached garage. The Planning Commission denied the request for the second detached garage due to lack of hardship. The Planning Commission stated that the current garage that would be remaining on site would have to be reduced in size. The applicants would like to turn the current garage into a game room. John Rodeberg noted that an overhead utility line is indicated on the drawing and should be addressed. Ms. Klein stated that there is nothing overhead other than a cable line. 3 CITY COUNCIL MINUTES - MA Y 22, 2006 Council Member Arndt stated that he looked at the lot and suggested that the applicant obtain an easement from the neighbor to increase the width of her driveway. Council Member Peterson suggested that staff work with the applicant to see if the applicant's request could be met. Council Member Haugen noted that he feels the current garage has histonc value as it was built with the house. Staff had recommended approval ofthe variance for the construction ofthe garage however the Planning Commission denied due to lack of hardship. Motion by Arndt, second by Stotts, to approve the variance for the construction of a second detached garage, allowing the current garage to remain as is due to the historical value, including the existing conditions noted on the resolution and approval of the variance to reduce driveway setback to the current setback. Motion carried unanimously. (b) CONSIDERATION FOR APPROVAL OF ITEMS RELATED TO DENVER AVENUE SE IMPROVEMENTS (LETTING NO.3, PROJECT NO. 06-03) ORDERING IMPROVEMENT AND PREPARATION OF PLANS & SPECIFICATIONS APPROVING PLANS & SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS Kent Exner, City Engineer, presented before the Council. Mr. Exner explained that since the last meeting, the project has been revised. Denver Avenue is proposed to be constructed through to the Montreal Street intersection. The total project cost is estimated at $813,000, which is $300,000 less than originally proposed with the full project. Mr. Exner then reviewed the 2006 bonding program with these project numbers revised. Farr Development has submitted a plat containing Denver right-of-way, the Denver Avenue assessments may possibly deferred for Ridgewater College & Farr assessments for over five years, and the City will propose alternate bids to lower construction and possible lifecycle costs for Denver Avenue. Kent Exner stated that Farr Development has given every indication that they will be proceeding with development. Motion by Arndt, second by Haugen, to order improvement and preparation of plans & specifications and approve plans & specificatiOns and order advertisement for bids. Motion carried unanimously. (c) CONSIDERATION FOR APPROV AL OF CONSULTING AGREEMENT WITH DONALD ROECKER FOR WASTEWATER TREATMENT FACILITY LEGISLATIVE FUNDING ASSISTANCE John Rodeberg, Public Works Director, stated that Roecker had worked with the City back in the 1980's. The consultants working on the wastewater treatment facility have recommended Mr. Roecker, as well as the City's finance director. Mr. Roecker's work last time was very beneficial and is hoping to acquire $1-2 million in federal funds for this project. Motion by Peterson, second by Stotts, to approve consulting agreement with Donald Roecker for Wastewater Treatment Facility legislative funding assistance. Motion carried unanimously. (d) DISCUSSION OF ATTORNEY ASSISTANCE FOR HOSPITAL PRIVATIZATION Marc Sebora, City Attorney, stated that several weeks ago, the Council authorized acquiring the services of an attorney to assist with the privatization project. Recently, the City's bond counsel has recommended that the services of another attorney, Paul Torgerson, be retained as he has experience dealing with other local conversions, as well as a working relationship with the hospital's attorney on this project. Motion by Stotts, second by Haugen, to approve retaining the services of Paul Torgerson to assist with the hospital privatization project. Motion carried unanimously. ( e) CONSIDERATION FOR APPROVAL OF SETTING COUNCIL WORKSHOP FOR JUNE 27, 2006, AT 4:00 P.M. TO REVIEW CAPITAL PROJECTS AND FUNDING ISSUES John Rodeberg, Public Works Director, requested that a workshop be scheduled with the Council regarding some issues in the Public Works and Parks/Recreation capital improvement plan. 4 CITY COUNCIL MINUTES - MA Y 22, 2006 Motion by Stotts, second by Haugen, to approve setting Council workshop for June 27,2006, at 4:00 p.m. to review capital projects and funding issues. Motion carried unanimously. (t) CONTINUED CLOSED SESSION UNDER MINNESOTA STATUTE 13D.05, SUBD. 3(C) TO CONSIDER PROPERTY ACQUISITION FOR HUTCHINSON AREA HEALTH CARE (250 FREEMONT AVENUE SE UNIT 125) Marc Sebora, City Attorney, stated that this item will be discussed in open session. Marc Sebora stated that the purchase of250 Freemont Avenue SE Unit 125 had been discussed at a closed session held last month. City officials have met with Greencastle representatives and based upon information received from these residents, Hutchinson Area Health Care no longer wishes to proceed with the acquisition of this unit. Motion by Stotts, second by Arndt, with Peterson abstaining, to deny entering into a purchase agreement for the acquisition of this property. Motion carried unanimously. Mayor Cook noted that the hospital's intention with their long-term plan was only to purchase units as they became available and had no intention of dislocating any residents of Greencastle. 10. MISCELLANEOUS (a) COMMUNICATIONS Jim Haugen - Council Member Haugen reminded everyone to vote at tomorrow's Special School District election. General discussion was held regarding street signage on Jefferson Street. In addition, a speed limit indicator was talked about being put in place on McLeod/Sixth Avenue. John Rodeberg - Mr. Rodeberg noted that larvae counts, timing and weather restrictions have delayed mosquito spraying to next week. In addition, the mileage coverage will be increased. Some issues have arisen on the Hwy 7 project, consisting of fuel tanks and water issues. Discussion was held regarding the detour routes and alternate routes. Work is still being conducted on the pedestrian underpass at Hwy 7 and School Road, however some issues have arisen with the federal funding. He also noted that he has received comments that the Council Members cannot be heard through the microphones during Council meetings. Mayor Cook - Mayor Cook asked John Rodeberg about mosquito collection to determine the density in certain areas. John Rodeberg noted that various measurements are being reviewed. For this year, mosquito spraying will be conducted based on mosquito hatches and the weather conditions. 11. CLAIMS. APPROPRIATIONS AND CONTRACT PAYMENTS Motion by Haugen, second by Peterson, to approve claims, appropriations and contract payments. Motion carried unanimously. 12. ADJOURN Motion by Stotts, second by Peterson, to adjourn at 7:20 p.m. Motion carried unanimously. 5