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09-26-2006 CCM MINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, SEPTEMBER 26, 2006 1. CALL TO ORDER - 5:30 P.M. Mayor Steve Cook called the meeting to order. Members present were Kay Peterson, Jim Haugen, Casey Stotts and Bill Arndt. Others present were Gary Plotz, City Administrator, John Rodeberg, Director of Public Works and Marc Sebora, City Attorney. 2. INVOCATION - Due to the absence of Rev. Kevin Oster, Our Savior's Lutheran Church, the invocation was dispensed. 3. PLEDGE OF ALLEGIANCE 4. PUBLIC COMMENTS 5. MINUTES (a) REGULAR MEETING OF SEPTEMBER 13,2006 (b) BID OPENING MINUTES OF SEPTEMBER 19,2006 (SOUTH MILL POND & PISHNEY AREA TRUNK SANITARY SEWER LINING) Motion by Peterson, second by Stotts, to approve the minutes as presented. Motion carried unanimously. 6. CONSENT AGENDA (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. HUTCHINSON PUBLIC LIBRARY BOARD MINUTES FROM JULY 24, 2006 2. CITY OF HUTCHINSON FINANCIAL REPORT FOR AUGUST 2006 3. CITY OF HUTCHINSON INVESTMENT REPORT FOR AUGUST 2006 4. HUTCHINSON HOUSING & REDEVELOPMENT AUTHORITY BOARD MINUTES FROM AUGUST 15,2006 5. PLANNING COMMISSION MINUTES FROM AUGUST 15,2006 (b) RESOLUTIONS AND ORDINANCES 1. RESOLUTION NO. 13042 - RESOLUTION FOR PURCHASE (SWITCH UP GRADE CITY CENTER & POLICE) 2. RESOLUTION NO. 13043 - RESOLUTION CALLING FOR REDEMPTION OF OUTSTANDING GENERAL OBLIGATION IMPROVEMENT BONDS 3. RESOLUTION NO. 13049 - RESOLUTION REQUESTING PRESERVATION OF CURRENT FUNCTIONAL CLASSIFICATION OF STATE HIGHWAY 7 (c) PLANNING COMMISSION ITEMS 1. CONSIDERATION OF VACATION OF DRAINAGE AND UTILITY EASEMENTS LOCATED BETWEEN LOTS 4 AND 5, BLOCK 1, FAIRWAY ESTATES SECOND ADDITION (1376 AND 1380 HERITAGE AVENUE) WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (WAIVE FIRST READING AND SET SECOND READING AND ADOPTION OF ORDINANCE NO. 06-0445 FOR OCTOBER 11,2006) (d) CONSIDERATION FOR APPROVAL OF IMPROVEMENT PROJECT CHANGE ORDER - CHANGE ORDER NO.1 - DENVER AVENUE SE (LETTING NO.3, PROJECT NO. 06-03) CITY COUNCIL MINUTES - SEPTEMBER 26, 2006 (e) CONSIDERATION FOR APPROVAL OF PARTNERSHIP CONTRACT WITH THE STATE OF MINNESOTA (MN/DOT) (f) CONSIDERATION FOR APPROVAL OF CONSULTING AGREEMENT AMENDMENT WITH SRF CONSULTING GROUP FOR SCHOOL ROAD PEDESTRIAN UNDERPASS DESIGN SERVICES (LETTING NO.1, PROJECT NO. 06-16) (g) CONSIDERATION FOR APPROVAL OF PLANS & SPECIFICATIONS AND ADVERTISING FOR BIDS FOR HATS COLD STORAGE FACILITY (LETTING NO. 14, PROJECT NO. 06-16) (h) CONSIDERATION FOR APPROVAL OF ACCEPTING BIDS FOR THE SOUTH MILL POND TRUNK SANITARY SEWER LINING (LETTING NO.4, PROJECT NO. 06-04) (i) CONSIDERATION FOR APPROVAL OF CONTRACTOR CHANGE ORDER NOS. 8 AND 11 FOR WATER TREATMENT PLAN (j) CONSIDERATION FOR APPROVAL OF PLANS & SPECIFICATIONS AND ADVERTISING FOR BIDS FOR WASTEWATER TREATMENT FACILITY ADMINISTRATION BUILDING EXPANSION (LETTING NO. 12, PROJECT NO. 06-14) Items 6(b )2, 6(b )3, 6(f), 6(i), and 6(j) were pulled for separate action. Motion by Haugen, second by Arndt, to approve consent agenda with the exception of the items noted above. Motion carried unanimously. Item 6(b)2 had further discussion. Ken Merrill, Finance Director, presented before the Council. Mr. Merrill explained the bond calls and recommended that the 1996 & 1997 bonds be redeemed and preserve the 1998 bond calls for cash for other projects. Motion by Stotts, second by Haugen, to approve redeeming bonds for 1996, 1997 & 1998, adopting Resolution No. 13043. The reserves from 1996 & 1997 will be used to pay the deficit. Item 6(b)3 had further discussion. John Rodeberg, Public Works Director, presented before the Council. Mr. Rodeberg explained that the City of Montevideo had requested support for designation of Hwy 7 between Montevideo and the Twin Cities. Mn/DOT is considering downgrading the functional classification. Montevideo is requesting that Hutchinson support that the current classification be left intact. Motion by Arndt, second by Peterson, to approve Resolution No. 13049. Motion carried unanimously. Item 6(f) had further discussion. John Rodeberg explained that this contract is for the remaining work for design services for the School Road pedestrian underpass. Kent Exner, City Engineer, explained that some additional costs will be incurred as part of this contract. These include increased project development efforts, expanded project scope, and significant agency coordination and identified bid/supplemental agreement document requirements. This contract is for a not-to-exceed fee of $169,000. John Rodeberg explained State Aid routes and how state aid funds can be used. Motion by Stotts, second by Peterson, to approve consulting agreement with SRF for design services for Hwy 7 pedestrian underpass. Kent Exner updated the Council on the activities taken on this project thus far. These include receiving variances from the State for the radius and meeting with the Heritage Center regarding landscaping and location of the trail. Motion carried unanimously. Item 6(i) had further discussion. John Rodeberg noted that on Change Order No. 11, the cost was reduced from $31,000 to $13,000. There will be no time extension on the project as the contractor had proposed. Motion by Haugen, second by Arndt, to approve Item 6(i). Motion carried unanimously. Item 6(j) had further discussion. John Rodeberg noted that staff is currently looking at alternates to the bid, but not looking at reconstructing the entire design. Council Member Stotts suggested that staff look at the cost of a detached garage as opposed to the attached garage that is part of the design. John Rodeberg noted that staff has considered this, but there is virtually no cost savings between the two. Council Member Stotts suggested looking at constructing a pole-shed-type, stand-alone garage, as compared to an attached block 2 CITY COUNCIL MINUTES - SEPTEMBER 26, 2006 garage. John Rodeberg noted that could be considered and he will bring the numbers back to the Council. Motion by Peterson, second by Stotts, to approve Resolution No. 13046. Roll call vote was taken: Haugen - aye; Arndt - aye; Peterson - aye; Stotts - aye; Cook - nay. Motion carried 4 to 1. 7. PUBLIC HEARINGS - 6:00 P.M. (a) CONSIDERATION OF ISSUING ON-SALE WINE/STRONG BEER LICENSE TO MATT WOELFEL OF COUNTRY KITCHEN City Attorney Marc Sebora stated that appropriate application procedures were completed and the police department conducted a favorable background investigation. Motion by Haugen, second by Arndt, to close public hearing. Motion carried unanimously. Motion by Stotts, second by Peterson, to issue on-sale wine/strong beer license to Matt Woelfel of Country Kitchen. Motion carried unanimously. (b) FINAL REPORT ON FRANKLIN GROVE SMALL CITIES DEVELOPMENT PROGRAM PROJECT CLOSEOUT Jean Ward, HRA Executive Director, and Judy Flemming, HRA Program Coordinator, presented before the Council. Ms. Ward gave an overview of the 2002 Franklin Grove Neighborhood Housing Rehabilitation Project. The overall goals and objectives ofthe project included correctmg the housing deficiencies related to the health and safety of owner-occupied households and improving the housing stock in the area via rehabilitation. 30 homes were rehabilitated with an average loan of $18,000. The areas included in the project were boundaried by Franklin Street, Fourth Avenue SW, Grove Street and Linden Avenue. Ms. Ward explained that the next proposed targeted area is to the east and west of the current Franklin-Grove neighborhood. Ms. Ward explained that this funding is very competitive and the HRA must pre-apply to the State by mid-October. The HRA is asking that residents in the neighborhood complete pre-applications and submit them to the HRA by October 2, 2006. Motion by Arndt, second by Haugen, to close public hearing. Motion carried unanimously. Motion by Arndt, second by Peterson, to approve the final closeout presentation of the Franklin Grove Small Cities Development Program Project. Motion carried unanimously. (c ) WARRIOR MANUFACTURING GRANT APPLICATION Miles Seppelt, EDA Director, presented before the Council. Mr. Seppelt explained that the EDA is applying for a $200,000 federally-funded grant on behalf of Warrior Manufacturing. This grant will assist in the expansion of Warrior Manufacturing, a new company building in the Industrial Park. Warrior Mfg. produces a wide variety of equipment related to the agricultural industry. Ifthe application is successful, the city would use the grant proceeds to make a loan to Warrior Mfg. which would use the funds to purchase new equipment. As the funds are repaid to the city, the funds go into the city's Industrial Park Revolving Loan Fund and would be available to make loans to other companies. Mr. Seppelt discussed the background and scope of the project, the construction schedule, project costs, benefit to persons of low-to-moderate income and a housing & community development certification that was required as part of the grant application. Mr. Seppelt explained that Warrior's rapid growth is due to the boom in the ethanol industry. Warrior currently has no room for expansion at their headquarters in Redwood Falls, and has had a hard time recruiting employees in the Redwood Falls area. The new Hutchinson manufacturing facility is scheduled to open in Spring 2007. The public was invited to comment on the project and ask any questions they might have. There was no public feedback. Motion by Arndt, second by Peterson, to close public hearing. Motion carried unanimously. 3 CITY COUNCIL MINUTES - SEPTEMBER 26, 2006 Motion by Arndt, second by Peterson, to close public hearing. Motion carried unanimously. 8. COMMUNICATIONS. REQUESTS AND PETITIONS (a) PRESENTATION ON RESULTS OF EMPLOYEE SATISFACTION SURVEY - BRENDA EWING This presentation will be given at the next City Council meeting. (b) UPDATE ON COUNCIL CHAMBER IMPROVEMENTS - TOM KLOSS This presentation will be given at the next City Council meeting. 9. UNFINISHED BUSINESS (a) CONSIDERATION OF POLICY ON GRANT APPLICATIONS Gary Plotz, City Administrator, presented before the Council. Mr. Plotz noted that at the last Council meeting, it was suggested that additional language be added to the proposed policy on grant applications. The additional language includes not requiring Council approval for grants that are under $15,000 and allowing City Admmistrator approval for those grants that are over $15,000 but there is insufficient time for Council approval. Motion by Stotts, second by Haugen, to approve policy grant application. Motion carried unanimously. 10. NEW BUSINESS (a) REVIEWOFWATERlWASTEWATERDEPARTMENT APPRENTICESHIP PROGRAM-JIM MILLER OF BONESTROO ROSENE ANDERLIK Jim Miller, Bonestroo Consultants, presented before the Council. Mr. Miller delivered a presentation regarding the development of a Water/Wastewater Apprenticeship Program. The key elements of this program are to develop skills and ability of employees m the program. This provides value to both the City and its employees and the community. The real purpose of this program is to achieve A and B licensed operators within the City staff. Motion by Peterson, second by Cook, to approve moving forward with the Water/Wastewater Department Apprenticeship program for 2007. Motion carried unanimously. (b) CONSIDERATION FOR APPROVAL OF PURCHASING SITZ PROPERTY EAST OF MENARDS FOR THE SETTING OF A NEW CARE CENTER FOR HUTCHINSON AREA HEALTH CARE Mary Ellen Wells, new CEO of Hutchinson Area Health Care, presented before the Council. Ms. Wells explained that the purpose ofthe purchase ofthis land is to build a new nursing home and senior care living center. Ms. Wells further explained that HAHC has received an exception to a state moratorium on the building of new facilities for nursing home care. 18 months is allotted by the state for the exception to be in place. This specific purchase is 37 acres and located east of Me nards. Linda Krentz, Burns Manor Nursing Home Administrator, presented before the Council. Ms. Krentz explained the design of the senior living campus. This would include nursing homes, townhomes, assisted living, etc. Ms. Wells stated that the goal is for the campus to be operational by the end of2009 or beginning of2010. Motion by Stotts, second by Arndt, to approve purchase of Sitz property east of Me nards for the setting of a new care center for Hutchinson Area Health Care. Motion carried unanimously. Paul Betker presented before the Council. Mr. Betker spoke about a piece of land on his property that he would like to discuss with HAHC. It is landlocked and serves him no purpose. It runs near the property that HAHC will be purchasing. (c) UPDATE ON HIGHWAY 7 PROJECT BY MN/DOT REPRESENT A TIVE Kelly Brunkhorst, Mn/DOT Engineer, presented before the Council. Ms. Brunkhorst reminded the Council and public that weekly updates are held every Tuesday at 12:30 p.m. in the Council Chambers regarding the 4 CITY COUNCIL MINUTES - SEPTEMBER 26, 2006 Hwy 7 project. Ms. Brunkhorst explained that all ofthe underground work will be done this year as soon as the frontage road is put in. All of the retaining wall work has been complete, with the exceptiOn of painting and backfill. Concrete paving continues and more will be done as grading is completed. The bridge is progressing well. Everything is progressing as planned with opening planned before the snow flies. The bridge plans to be poured in mid-October. (d) CONSIDERATION FOR APPROVAL OF REVISION TO SITE PLAN FOR NEW DISCOVERIES MONTESSORI ACADEMY Rebecca Bowers, Planning Director, presented before the Council. Ms. Bowers reminded the Council that last month, the Council had approved a conditional use permit for New Discoveries Montessori Academy to place four educational trailers at the McLeod County Fairgrounds. Part of this approval required the construction of a berm. The Fairgrounds has constructed the berm and it is farther east than what was approved and shorter than approved. Council Member Haugen noted that he does not have any issues with the revised placement or size of the berm. Mayor Cook noted that the item to consider is the fact that the intent and expectation of the Council was not followed. Some concerns have been raised to him by the neighbors and he recommended that the effected parties meet to discuss this. Motion by Cook, second by Stotts, to recommend that the effected parties meet to discuss this matter and have feedback presented at the October 11, 2006, City Council meeting. Dave Conrad, New Discoveries Montessori Academy, presented before the Council. Mr. Conrad explained that his understanding was that the concept of the berm was approved and not necessarily the location and size of it. Tim Ulrich, McLeod County Fair Board, presented before the Council. Mr. Ulrich explained that a drawing of the site was completed by a draftsman in Chicago prior to the Council meeting where the berm was approved. It was not the Fair officials understanding that a specific drawing was approved, but again, the concept of a berm. Mr. Ulrich explained that after the school leaves the location, the berm and plantings will be destroyed. Marian Filk, McLeod County Fairgrounds, presented before the Council. Ms. Filk explained that it was her responsibility to select the plantings for the berm. Ms. Filk explained that timing was right to get nice plantings at a nice price. Ms. Filk explained the benefits of the plantings selected - attractiveness, privacy, height, etc. Roll call vote was taken: Haugen - nay; Arndt - nay; Peterson - nay; Stotts - aye; Cook - aye; Motion failed 3 to 2. Motion by Arndt, second by Peterson, to approve revised site plan. Council Member Stotts noted that at the Council meeting that this was last discussed, the neighbors were in agreement of the proposed berm size, which at the time, New Discoveries stated it would be five feet in height. Roll call vote was taken: Haugen - aye; Arndt - aye; Peterson - aye; Stotts - aye; Cook - nay. Motion carried 4 to 1. (e) CONSIDERATION OF A VARIANCE TO INCREASE AMOUNT OF IMPERVIOUS SURFACE IN THE SHORELAND AREA FROM 25% COVERAGE TO 31 % COVERAGE LOCATED AT 915 2ND AVENUE SW WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (PLANNING COMMISSION 6 TO 1 VOTE) (ADOPT RESOLUTION NO. 13044) Rebecca Bowers presented before the Council. Ms. Bowers explained that this variance is specifically to increase surface area in shore land area to 31 % lot coverage. Current ordinance allows for 25%. Staff did not recommend approval to the Planning Commission, however the Planning Commission felt that the unique shape of the lot be recognized a hardship and approved the variance with a 6 to 1 vote. Christy Christensen, 915 2nd Avenue SW, presented before the Council. Mr. Christensen plans to install mechanisms to ensure that water runoff flows towards the street. These mechanisms include gutters on the north side of the garage, constructing a berm and a rain garden. Mr. Christensen requested that the City review the shoreland management ordinance related to impervious surfaces, and perhaps consider increasing the lot coverage allowance. Mayor Cook suggested reducing the proposed driveway to increase the impervious surface. 5 CITY COUNCIL MINUTES - SEPTEMBER 26, 2006 Motion by Peterson, second by Stotts, to approve variance at 915 2nd Avenue SE, approving Resolution No. 13044. Motion carried unanimously. (f) CONSIDERATION OF LOT SPLIT REQUESTED BY PAUL BETKER LOCATED AT 250 OTTAWA AVENUE SE WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (PLANNING COMMISSION 6 TO 1 VOTE) (ADOPT RESOLUL TION NO. 13045) Rebecca Bowers noted that the main discussion held at the Planning Commission was regarding the requirement for additional trees. The requirement of the ordinance is to have two trees per lot for twinhomes. However because of the way this was platted, only one tree was allotted per lot. Paul Betker, 375 Ottawa Avenue, presented before the Council. Mr. Betker argued the need for additional trees as the intent was to put them m the boulevard. Mr. Betker also argued the necessity ofthe new lot split procedure. He requested that the remaining lots in the development be grandfathered under the old way of doing things. Staff noted that there isn't a new lot split procedure, but rather the ordinance is now being followed as written. Rebecca Bowers addressed current procedures. Kay Peterson asked that staff address some ofthe concerns and lot split issues. Discussion was held regarding how subdivision agreements should read to address tree issues. Discussion was held regarding the process oflot splits. It was discussed that, for a fee, special Planning Commission meetings could be held to help speed along building projects. Motion by Peterson, second by Stotts, to approve lot split at 250 Ottawa Avenue SE, approving Resolution No. 13045. Motion carried unanimously. (g) CONSIDERATION FOR APPROVAL OF DOCUMENTS RELATED TO RETIREMENT SAVINGS ACCOUNT PROGRAM This item was not discussed as the documents have not been received from ICMA. (h) CONSIDERATION FOR APPROVAL OF USE OF HUTCHINSON FIRE STATION FOR WILD LAND FIREFIGHTER CERTIFICATION CLASS Brad Emans, Fire Chief, presented before the Council. Mr. Emans explained that an opportunity has been provided to the Hutchinson Fire Department to host a Wild Land Firefighting Class for the Department of Interior/US Fish and Wildlife. For hosting this class and holding it at the fire station, the HFD will receive $14,000 worth of equipment. Motion by Peterson, second by Arndt, Stotts abstaining, to approve use of Hutchinson Fire Station for wild land firefighter certification class. Motion carried unanimously. (i) CONSIDERATION FOR APPROVAL OF REPLACMENT OF ENGINE 9 FIRE TRUCK Lt. Michael Craig, Hutchinson Fire Department, presented before the Council. Lt. Craig delivered a presentation on the research and goals developed by the committee who is recommending replacement of the Engine 9 fire truck. Lt. Craig reviewed the limitations on the current Engine 9 fire truck. Because old fire trucks generally have little to no value, the fire department is proposing to use the existing truck for use at the training site. The estimated cost for the future Engine 9 is $300,000. The fire department hopes to be able to open bids on October 16, 2006, and request award of bid at the October 24, 2006, City Council meeting. Construction of a new truck will take approximately one year from the time of order. Motion by Arndt, second by Peterson, to approve replacement of Engine 9 fire truck. Motion carried unanimously. (j) CONSIDERATION FOR APPROVAL OF TRAFFIC CONTROL DEVICES ON MAIN STREET John Rodeberg noted that a specific request has been made of a tenant in 101 Park Place to allow for some restrictive parking on Main Street due to the Farmers Market and Arts and Crafts Festival. The request is to have 10-mmute parking restrictions put in place in some parts. The suggestion by staff is to have a small 6 CITY COUNCIL MINUTES - SEPTEMBER 26, 2006 billboard-type sign that the business owner can put out himself during specific times approved by the City. Staff is suggesting trying this on a trial basis. Motion by Peterson, second by Stotts, to approve temporary traffic control devices on Main Street until the end of2007. Motion carried unanimously. (k) CONSIDERATION OF AWARDING BID FOR REVERSE OSMOSIS MEMBRANE ELEMENTS John Rodeberg, Public Works Director, presented before the Council. Mr. Rodeberg explained that bids for this proj ect were taken in late 2005. At that time, the alternate for reverse osmosis membrane elements was not awarded. This will now be bid out separately. Motion by Stotts, second by Arndt, to advertise for bids for reverse osmosis membrane elements. Motion carried unanimously. 11. MISCELLANEOUS (a) COMMUNICATIONS Miles Seppelt, EDA Director, explained to the Council that the Chamber of Commerce, Hutchinson Downtown Association and EDA are sponsering a "Retail Trade Analysis" for retailers in the area. This is a free presentation being put on the by the U ofMN Extension Service. This will be held on October 5 from 6:30 - 8:30 p.m. 1. Resolution No. 13050 - Joint Resolution of the City of Hutchinson and Hutchinson Township as to the Extension and Renewal of Orderly Annexation Agreement Marc Sebora, City Attorney, presented before the Council. Mr. Sebora explained that back in 2000, the City and Hutchinson Township entered into an annexation agreement for the area on Hwy 7 east. Several properties have been annexed, but it is requested that the current agreement be extended to 2009. Motion by Arndt, second by Peterson, to approve Resolution No. 13050. Motion carried unanimously. 2. Temporary Liquor License for VFW Motion by Arndt, second by Haugen, to approve temporary liquor license for September 30, 2006. Motion carried unanimously. Marc Sebora - Mr. Sebora thanked Phil Graves for all of his years of service and wishes him well in his upcoming retirement. Bill Arndt - Council Member Arndt commented on vehicles parked on 2nd Avenue that have not moved for days. He has concerns that, with the upcoming snow season, this causes unnecessary work and delays. He asked that vehicles be moved appropnately. Kay Peterson - Council Member Peterson reminded the public that campaign signs, realty signs and other signs are not to be placed on the boulevards. Gary Plotz - Mr. Plotz noted that an additional workshop needs to be held to discuss the budgets for the enterprise funds. Motion by Haugen, second by Arndt, to set October 24,2006, at 3 :30 p.m. to hold a budget workshop on the enterprise funds. Motion carried unanimously. Gary Plotz also reminded the Council ofthe joint meeting with the school district on September 28,2006, at 4:30 p.m. 12. CLAIMS. APPROPRIATIONS AND CONTRACT PAYMENTS Motion by Peterson, second by Stotts, to pay claims, appropriations and contract payments. Motion carried unanimously. 7 CITY COUNCIL MINUTES - SEPTEMBER 26, 2006 13. ADJOURN Motion by Stotts, second by Peterson, to adjourn at 9:00 p.m. Motion carried unanimously. 8