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11-13-2007 CCMMINUTES REGULAR MEETING – HUTCHINSON CITY COUNCIL TUESDAY, NOVEMBER 13, 2007 CALL TO ORDER – 5:30 P.M. 1. 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, Kent Exner, City Engineer, and Marc Sebora, City Attorney. INVOCATION 2. – Rev. Kevin Oster, Our Savior’s Lutheran Church, delivered the invocation. PLEDGE OF ALLEGIANCE 3. PUBLIC COMMENTS 4. MINUTES 5. (a)REGULARMEETING OF OCTOBER 23, 2007 Motion by Arndt, second by Stotts, to approve the minutes as presented. Motion carried unanimously. CONSENT AGENDA 6. (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. BUILDING DEPARTMENT MONTHLY REPORT FOR OCTOBER 2007 2.FIRE DEPARTMENT MONTHLY REPORT FOR OCTOBER 2007 3. EDA BOARD MINUTES FROM SEPTEMBER 28, 2007 4. HUTCHINSON AREA HEALTH CARE FINANCIAL REPORT FOR SEPTEMBER 2007 5. HUTCHINSON UTILITIES COMMISSION FINANCIAL REPORT FOR SEPTEMBER 2007 (b)RESOLUTIONS AND ORDINANCES 1.RESOLUTION NO. 13291 – RESOLUTION FOR PURCHASE (BAG FILM) 2.ORDINANCE NO. 07-0480 – AN ORDINANCE VACATING DRAINAGE AND UTILITY EASEMENTS IN BLOCK 2, GOEBEL’S ADDITION BETWEEN LOTS 4 AND 5 (1020 AND 1030 – TH 5 AVENUE SE) (SECOND READING AND ADOPTION) 3. ORDINANCE NO. 07-0481 – AN ORDINANCE VACATING DRAINAGE AND UTILITY EASEMENTS IN LOT 2, BLOCK 2, HUTCHINSON FIFTH AVENUE INDISTRIAL PARK (1150 – TH 5 AVENUE SE) REQUESTED BY HUTCHINSON EDA (SECOND READING AND ADOPTION) (c)CONSIDERATION FOR APPROVAL OF IMPLEMENTING 2008 CEMETERY RATES (d)APPOINTMENT OF LOUISE JESSEN TO SENIOR ADVISORY BOARD TO JANUARY 2010 (UNEXPIRED TERM OF BOB COGLEY) (e)CONSIDERATION FOR APPROVAL OF IMPROVEMENT PROJECT CHANGE ORDERS -CHANGE ORDER NO. 9 – LETTING NO. 2, PROJECT NO. 06-02 (WATER TREATMENT PLANT) -CHANGE ORDER NO. 2 – LETTING NO. 2, PROJECT NO. 07-02 (HUTCHINSON DAM REPLACEMENT) CITY COUNCIL MINUTES – NOVEMBER 13, 2007 -CHANGE ORDER NO. 2 – LETTING NO. 11, PROJECT NO. 05-13 (WATER TREATMENT PLANT BIOLOGICAL TREATMENT SYSTEM) (f)CONSIDERATION FOR APPROVAL OF REVISED ASSESSMENT ROLL NO. 5083 – CORNERSTONE COMMONS (g) CONSIDERATION FOR APPROVAL OF ACTIVATION OF DEFERRED ASSESSMENTS (SA5059E & SA5079C) (h) CONSIDERATION FOR APPROVAL OF GOPHER CAMPFIRE SANCTUARY IMPROVEMENTS FUNDING SOURCE (i)CONSIDERATION FOR APPROVAL OF BOAT LANDING IMPROVEMENT AGREEMENT WITH THE DEPARTMENT OF NATURAL RESOURCES (j) CONSIDERATION FOR APPROVAL OF PARTNERSHIP CONTRACT WITH THE STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION Item 6(e) was pulled for separate discussion. Motion by Stotts, second by Peterson, to approve consent agenda with the exception of Item 6(e). Motion carried unanimously. Item 6(e) was discussed. Change Order No. 9 – Letting No. 2, Project No. 06-02 and Change Order No. 2, Letting No. 11 were pulled for consideration as one of the parties requested that they be reformatted and considered at a later meeting. Motion by Peterson, second by Haugen, to approve Change Order No. 2, Letting No. 2, Project No. 07-02 for the Hutchinson Dam Replacement project. Motion carried unanimously. Motion by Arndt, second by Haugen, to table the other two change orders. Motion carried unanimously. PUBLIC HEARINGS – 6:00 P.M. 7. (a) CONSIDERATION OF ANNEXATION OF APPROXIMATELY 43 ACRES LOCATED AT THE NORTHWEST CORNER OF JEFFERSON ROAD AND COUNTY ROAD 8 FOR CITY OF HUTCHINSON/HUTCHINSON AREA HEALTH CARE FOR A SENIOR HOUSING CAMPUS Rebecca Bowers, Planning/Zoning/Building Director, presented before the Council. The request before the Council is to annex property that is currently located in Hassan Valley township and borders the southern city limits. Ms. Bowers explained the annexation process and the described the proposed development plans. City utilities are available from Calgary Lane SE. Robert Anderson, Hassan Valley Township, presented before the Council. Mr. Anderson questioned if the entire 43 acres would be for senior housing or if part of it would be part of a private development. MaryEllen Wells, CEO of HAHC, presented before the Council. Ms. Wells explained that the first stage of the project is to build a new nursing home and then a senior “town center”. Following that, various types of senior housing are proposed to be developed. John Lietz, 1540 South Jefferson Road, presented before the Council. Mr. Lietz questioned what will happen to the property directly south of him and west across the road. Mr. Lietz voiced concerns about the property not being maintained appropriately until the area is developed. Ms. Wells explained that hospital maintenance takes pride in their property and will continue to maintain all their property appropriately. Motion by Arndt, second by Haugen, to close public hearing. Motion carried unanimously. Motion by Arndt, second by Peterson, to waive first reading and set second reading and adoption of 2 CITY COUNCIL MINUTES – NOVEMBER 13, 2007 Ordinance No. 07-0484 for November 27, 2007. Motion carried unanimously. (b) CONSIDERATION OF ORDINANCE NO. 07-0482 – A RENTAL REGISTRATION AND INSPECTION ORDINANCE (WAIVE FIRST READING AND SET SECOND READING AND ADOPTION FOR NOVEMBER 27, 2007) Brad Emans, Fire Chief, presented before the Council. Chief Emans reviewed the proposed ordinance, noting some key items such as having a property manager that resides within 50 miles of the property and exemptions to the ordinance. Chief Emans noted that all rental properties are proposed to be inspected in the first year and all rental properties are to be registered by March 1, 2008. There is proposed to be a fee for registration/inspection which will be decided by the Council. Brandon Fraser, 1418 McDonald Drive, presented before the Council. Mr. Fraser asked that, if this ordinance is adopted, the lowest-cost program be implemented. Mr. Fraser noted that he feels the program fees should be based on the purpose of the program and not to cover budget shortfalls. Mr. Fraser noted that several items on the inspection sheet are in the control of the tenant and not just the property manager. General discussion was held regarding the pros and cons for landlords and tenants. Roland Ebent, 472 Hwy 7 East, presented before the Council. Mr. Ebent clarified that the inspections are for the rental units and not the unit that he resides in. Arlan Aas, property manager on Bradford Street, presented before the Council. Mr. Aas noted that he is not opposed to the ordinance but voiced that his hope is that once the units are inspected and approved, it would not have to be done annually. Mr. Aas also voiced some concerns with past inspections of his property. Motion by Peterson, second by Arndt, to close public hearing. Motion carried unanimously. Mayor Cook suggested not charging a fee for the first inspection. Council Member Peterson suggested charging the first inspection however not annually. Brandon Fraser voiced concerns on passing on fees to renters. Motion by Peterson, second by Stotts, to waive first reading and set second reading and adoption of Ordinance No. 07-0482 for November 27, 2007. Motion carried unanimously. COMMUNICATIONS, REQUESTS AND PETITIONS 8. (a) UPDATE BY HUTCHINSON UTILITIES COMMISSION AND LANDFORM ON SITE AND EXTERIOR IMPROVEMENTS TO POWER PLANT SITE LOCATED AT THE INTERSECTION OF HWY 15 & HWY 7 Carolyn Krahl, Landform Engineering, presented before the Council. Ms. Krahl explained that updates are proposed to be made to the power plant located at the intersection of Hwy 7 and Hwy 15. Landscaping, screening, fencing, and open space amenities are included as part of the improvements. Landform and Hutchinson Utilities Commission has been working with the city’s parks department in developing some of the improvement plans. The project is two-phase, with the first phase beginning construction this summer and phase two beginning the following summer. (b) DISCUSSION OF SMOKING ORDINANCE IN RELATIONSHIP TO HOTELS/MOTELS – BRAD JACOBSON Brad Jacobson, AmericInn manager, presented before the Council. Mr. Jacobson expressed to the Council that the hotel/motel setting is different than other workplaces, such as restaurants. Mr. Jacobson also noted that the hotels/motels in town pay a 3% lodging tax that goes to the city and supports the Convention & Visitors Bureau that markets the city. Mr. Jacobson noted that the hotel/motel business has faltered in sales dollars due to the smoke-free workplace ordinance. He noted that specific customers have discontinued staying in Hutchinson and are staying in Litchfield due to the smoke-free workplace ordinance. Mr. 3 CITY COUNCIL MINUTES – NOVEMBER 13, 2007 Jacobson commented on “dead” smoke versus “active” smoke. Mr. Jacobson also commented on the privacy that room renters are entitled to. Mr. Jacobson also noted that he feels that hotels/motels may be at a higher risk for hazards due to no smoking paraphernalia being made available. Mr. Jacobson also expressed that he is in the business of hospitality and the motel business does not come across hospitable when they are telling smokers not to smoke at his motel. Mr. Jacobson offered ideas to assist the hotels/motels in renting smoking rooms, such as hepafilters in smoking rooms, offering 10% of rooms as smoking rooms, venting in each smoking room, asking for housekeeping staff to volunteer to clean smoking rooms. Mr. Jacobson did mention that all areas of the motel are smoke-free other than the rooms themselves. Becky Felling, McLeod County Public Health, presented before the Council. Ms. Felling noted that the research her agency has found is that the carcinogens remain in the air for several days. Mayor Cook noted that at this time he prefers to leave the ordinance as is. Council Member Peterson stated that she does not understand why the City’s ordinance does not mirror the state law that allows hotels/motels to have smoking rooms. Bill Corby, President of Chamber of Commerce/CVB, presented before the Council. Mr. Corby noted that he supports the hotel/motel property managers present tonight. Mr. Corby also expressed that he feels Hutchinson may be at a competitive disadvantage with not offering smoking rooms at the motels in Hutchinson. Council Member Arndt noted that he has concerns about allowing a variance, which may invite a domino effect to other establishments requesting a variance. Motion by Peterson, to amend the city’s ordinance to mirror the state’s ordinance allowing smoking, second by Haugen. Roll call: Haugen – aye; Arndt – nay; Peterson – aye; Stotts – nay; Cook – nay. Motion failed 3 to 2. UNFINISHED BUSINESS 9. NEW BUSINESS 10. (a) REVIEW OF CITY OF HUTCHINSON COMPENSATION PLAN Motion by Haugen, second by Peterson, to table the review of the compensation plan. Motion carried unanimously. (b) CONSIDERATION FOR APPROVAL OF UTILITY SERVICE EXTENSION TO EDA-OWNED LOT Kent Exner, City Engineer, presented before the Council. Mr. Exner explained that the Charter school is th Avenue and the EDA is requesting that utilities be extended to the lot they own currently being built on 5 and to the Charter school lot. th Motion by Arndt, second by Haugen, to approve utility extension to EDA-owned lot, located at 1020 5 Avenue SE. Motion carried unanimously. (c) CONSIDERATION FOR APPROVAL OF WATER TREATMENT PLANT ENGINEERING SERVICES AGREEMENT AMENDMENT WITH EARTHTECH Kent Exner, City Engineer, presented before the Council. The timeframe of the construction of the water treatment plant has been extended to include the need to address unanticipated conditions, improve operational simplicity and enhance overall effectiveness. Due to these matters, EarthTech has had to increase their administration and inspection efforts beyond the original project scope period of 18 months. EarthTech has formally requested that the City consider an approval of additional fees to address the revised project scope and timeframe in the amount of $208,400.00. The approval of this contract amendment would provide required services, including construction administration and part-time on-site construction observation, based on major construction activities completed by February and final project close-out 4 CITY COUNCIL MINUTES – NOVEMBER 13, 2007 occurring by May 15, 2008. The funds for these additional costs can be covered from the PFA loan that the City acquired from the State of Minnesota. Motion by Stotts, second by Cook, to approve water treatment plant engineering services agreement amendment with EarthTech. Motion carried unanimously. (d) CONSIDERATION FOR APPROVAL OF MEMBERSHIP TO COALITION OF GREATER MINNESOTA CITIES FOR 2008 Mayor Cook noted that this item was tabled from the last meeting due to a 2-2 vote. The Coalition of Greater Minnesota Cities has provided additional information outlining the support they provide to cities. Motion by Stotts, second by Peterson, to reject membership into the Coalition of Greater Minnesota Cities. Council Member Haugen noted that he feels there is very strong value in joining the Coalition however he has concerns on how it will be funded. Roll call vote was taken: Haugen – nay; Arndt – nay; Peterson – aye; Stotts – aye; Cook – nay. Motion failed 2 to 3. (e) CONSIDERATION FOR APPROVAL OF RESOLUTION NO. 13292– RESOLUTION ESTABLISHING A POLICY AND GUIDELINES FOR THE USE OF ELECTRONIC COMMUNICATIONS BETWEEN CITY COUNCIL MEMBERS Motion by Peterson, second by Stotts, to approve Resolution No. 13292. Mayor Cook noted that state law does allow for electronic communication and he stressed how the proposed Resolution mandates that all communications go through the city administrator. Council Member Stotts noted that, as part of the policy, he would like the option of the city administrator to forward one council member’s email to all other council members so that all are aware of a question or an idea. Roll call vote was taken: Haugen – aye; Arndt – aye; Peterson – aye; Stotts – aye; Cook – nay. Motion carried 4 to 1. (f) CONSIDERATION FOR APPROVAL OF RESOLUTION NO. 13293– RESOLUTION REAFFIRMING CITY COUNCIL LIMITS IN THE ADMINISTRATION OF CITY AFFAIRS Motion by Peterson, second by Stotts, to approve Resolution No. 13293. Motion carried unanimously. (g) CONSIDERATION FOR APPROVAL OF SETTING PUBLIC MEETING WITH “MCLEOD COUNTY FOR TOMORROW” FOR NOVEMBER 29, 2007, AT 7:00 P.M. IN THE COMMISSIONERS BOARD ROOM AT THE MCLEOD COUNTY COURTHOUSE Motion by Haugen, second by Stotts, to set public meeting with “McLeod County for Tomorrow” for November 29, 2007, at 7:00 p.m. in the Commissioners’ Board Room at the McLeod County Courthouse. Motion carried unanimously. (h)CLOSED SESSION UNDER MINNESOTA STATUTE 13D.05, SUBD. 3(C) TO DISCUSS PROPERTY ACQUISITION FOR THE NORTHEAST TRUNK STORM SEWER PHASE 2 PROJECT Kent Exner, City Engineer, noted that the City received the appraisal from the property owner and staff feels that a second appraisal should be sought before further discussing this matter. Motion by Arndt, second by Haugen, to table this matter. Motion carried unanimously. MISCELLANEOUS 11. Motion by Haugen, second by Peterson, to set budget workshop for November 27, 2007, at 4:00 p.m. Motion carried unanimously. Tara Russell, 1670 South Grade Road, presented before the Council. Ms. Russell suggested putting in place a mandatory recycling ordinance for businesses. Jim Haugen – Council Member Haugen spoke about the dam project and potential clean up of the river. 5 CITY COUNCIL MINUTES – NOVEMBER 13, 2007 th Bill Arndt – Council Member Arndt commented on 5 Avenue being closed due to cutting in the street. Mr. Arndt asked if the cutting could be postponed until next week to allow for the buses to get through. Gary Plotz – Mr. Plotz noted that a meeting was held with representatives from the City of Glencoe, McLeod County Board, city/county engineers and Hutchinson and Glencoe EDA Directors. Topics covered were Hwy 212, County EDA and alternative energy projects. Discussion was also held in regard to lobbying the area’s state representatives. Mayor Cook – Mayor Cook noted that a resolution needs to be made as to how to handle airport liability insurance. Marc Sebora, City Attorney, noted that he had found that Willmar requires additional insurance on hangar rentals and a waiver of claims against the City. More information should be forthcoming from A.J. Gallagher on how other cities handle this issue. Mayor Cook also updated on the Council on a mayors’ group that is working on the LGA issue. Mayor Cook stated that he has put together a group to attend a policy governance session. The Chamber, County and School District will take part and he was able to obtain a commitment from the SWIF for $700. Total cost of the presentation is $2000 with the city’s share being approximately $500. He will bring more information as to a date in the near future. Jim Haugen – Council Member Haugen also noted that he would like to have the bills paid as part of the consent agenda. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS 12. Motion by Arndt, second by Peterson, to approve claims, appropriations and contract payments. Motion carried unanimously. ADJOURN 13. Motion by Arndt, second by Peterson, to adjourn at 8:45 p.m. Motion carried unanimously. 6