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05-13-2008 CCMMINUTES REGULAR MEETING – HUTCHINSON CITY COUNCIL TUESDAY, MAY 13, 2008 CALL TO ORDER – 5:30 P.M. 1. Mayor Cook called the meeting to order. Members present were Casey Stotts, Kay Peterson, Bill Arndt and Jim Haugen. Others present were Gary Plotz, City Administrator, Kent Exner, City Engineer, and Marc Sebora, City Attorney. INVOCATION 2. – Rev. Randy Adams, Riverside Assembly of God Church, delivered the invocation. PLEDGE OF ALLEGIANCE 3. * PRESENTATION OF 2007 MINNESOTA SHADE TREE ADVISORY COMMITTEE PARTNERSHIP AWARD TO CITY OF HUTCHINSON (Deferred to May 27, 2008) *PRESENTATION TO BARRY ANDERSON FOR SERVICE ON POLICE COMMISSION PUBLIC COMMENTS 4. MINUTES 5. (a)REGULARMEETING OF APRIL 22, 2008 Motion by Stotts, second by Haugen, to approve the minutes as presented. Motion carried unanimously. CONSENT AGENDA 6. (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1.FIRE DEPARTMENT MONTHLY REPORT FOR APRIL 2008 2. PUBLIC ARTS COMMISSION MINUTES FROM FEBRUARY 14, 2008 3. PUBLIC LIBRARY MINUTES FROM MARCH 24, 2008 4. PLANNING/ZONING/BUILDING DEPARTMENT MONTHLY REPORT FOR APRIL 2008 5. MOTOR VEHICLE MONTHLY REPORT FOR MARCH 2008 (b) RESOLUTIONS AND ORDINANCES 1. RESOLUTION NO. 13395 – RESOLUTION AMENDING RESOLUTION NO. 13166 ESTABLISHING INCOME GUIDELINES AND ASSET LIMITATIONS FOR SENIOR & DISABLED CITIZENS DEFERRED ASSESSMENTS AND SENIOR & DISABLED CITIZENS REDUCED REFUSE RATE 2. RESOLUTION NO. 13396 – RESOLUTION FOR PURCHASE (CONTROL PANEL, BITUMINOUS MATERIAL, STREET REPAIRS) 3. ORDINANCE NO. 08-0500 – AN ORDINANCE ADDING CHAPTER 157 TO THE HUTCHINSON CITY CODE TO ESTABLISH REGULATIONS FOR A RIVER OVERLAY DISTRICT (SECOND READING AND ADOPTION) AND APPROVAL OF SUMMARY ORDINANCE 4. ORDINANCE NO. 08-0501 – AN ORDINANCE REGULATING OTHER UNLAWFUL ACTS RELATED TO LIQUOR SALES (SECOND READING AND ADOPTION) (c) CONSIDERATION FOR APPROVAL OF CHANGE ORDER NO. 12, LETTING NO. 2/PROJECT NO. 06-02 (WATER TREATMENT PLANT) CITY COUNCIL MINUTES – MAY 13, 2008 (d) CONSIDERATION FOR APPROVAL OF MCLEOD COUNTY DITCH AUTHORITY PETITION (e) CONSIDERATION FOR APPROVAL OF ENGINEERING SERVICES AGREEMENT WITH DONAHUE & ASSOCIATES FOR WASTEWATER TREATMENT FACILITY DISINFECTION DEMONSTRATION (f) CONSIDERATION FOR APPROVAL OF STATE AID FOR AIRPORT MAINTENANCE AND OPERATIONS AGREEMENT (g) CONSIDERATION FOR APPROVAL OF SHORT-TERM GAMBLING LICENSE FOR ST. ANASTASIA CATHOLIC CHURCH ON SEPTEMBER 7, 2008 (h) CONSIDERATION FOR APPROVAL OF ISSUING TRANSIENT MERCHANT LICENSE TO DEAN SCHLUETER TO OPERATE “THE GARDEN”, A PORTABLE GREENHOUSE LOCATED IN THE OLD CUB FOODS PARKING LOT, HWY 15 SOUTH th (i) CONSIDERATION FOR APPROVALS AND PERMITS FOR THE 66 ANNUAL HUTCHINSON JAYCEE WATER CARNIVAL FOR JUNE 9 – 15, 2008 (j) CONSIDERATION FOR APPROVAL OF MN/DOT COOPERATIVE CONSTRUCTION AGREEMENT NO. 92061 (TRUNK HWY 15 ROUNDABOUT PROJECT – LETTING NO. 1, PROJECT NO. 08-01) (k) CONSIDERATION OF ITEMS FOR AIRPORT RUNWAY SAFETY IMPROVEMENTS PROJECT (LETTING NO. 14, PROJECT NO. 08-17) (l) CONSIDERATION FOR APPROVAL OF HUTCHINSON POLICE SERVICES POLICY AND PROCEDURE MANUAL UPDATE (m) APPOINTMENT OF JULIE JENSEN TO POLICE COMMISSION TO MAY 2011 (n) REAPPOINTMENT OF LAURA POSER TO TREE BOARD TO APRIL 2011 (o) CONSIDERATION FOR APPROVAL CONTRACT RENEWAL WITH RIESE FARMS LLC (p) CONSIDERATION FOR APPROVAL OF JOINT AND COOPERATIVE AGREEMENT WITH MCLEOD COUNTY FOR USE OF LAW ENFORCEMENT PERSONNEL AND EQUIPMENT (q) CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS Items 6(b)3, 6(d), 6(j) and 6(l) were pulled for separate action. Motion by Stotts, second by Peterson, to approve consent agenda with the exception of the items noted above. Motion carried unanimously. Item 6(b)3 had further discussion. Mayor Cook stated that there are opportunities for improvement on the north side of the corridor as well as the south which is what is outlined in the proposal. Mayor Cook felt that separate requirements for the corridor in general should be considered. Motion by Haugen, second by Peterson, to approve Item 6(b)3. Roll call vote: Haugen – aye; Arndt – aye; Cook – nay; Peterson – aye; Stotts – aye. Motion carried 4 to 1. Item 6(d) had further discussion. Council Member Arndt noted that ditches are sensitive to various individuals/organizations. He asked that if the ditch was not taken care of to a group’s liking, could something be done retroactively. Kent Exner, City Engineer, described the area that is included in the petition. The petition has come forward at the request of Mn/DOT and McLeod County asking the City to control the downstream section of Lateral No. 1 of County Ditch No. 18. The existing draintile will be connected into the City stormwater system just north of the Hwy 15/North High Drive intersection and will result in a disconnect of the existing county ditch alignment. The City will only be taking control of this lateral up to its connection with the existing County Ditch No. 18 near Bluff Street. The City will ensure 2 CITY COUNCIL MINUTES – MAY 13, 2008 that the tile will be taken care of appropriately and the drainage improvements are extremely beneficial to all parties. Motion by Arndt, second by Stotts, to approve Item 6(d). Motion carried unanimously. Item 6(j) had further discussion. Council Member Arndt asked if the construction hours could be extended to allow expedition of the project, similar to that of the Hwy 7 project. An ordinance to consider suspending the noise ordinance hours will be brought forth at the next meeting. Motion by Arndt, second by Peterson, to approve Item 6(j). Motion carried unanimously. Item 6(l) had further discussion. Mayor Cook noted that the policy itself was not included in the Council packet. Chief Dan Hatten noted that it has been a number of years since the Hutchinson Police Services Policy and Procedure manual was updated. The department has been reviewing updates for one year. Also, the question was raised as to whether or not this manual needs to come forth to the Council for approval due to the Policy Governance transition. Mayor Cook suggested only bring forth those policies that are not administrative related. Motion by Arndt, second by Peterson, to approve Item 6(j), requesting that the police department bring forth the higher-risk, non-administrative policies for the Council’s review. Motion carried unanimously. PUBLIC HEARINGS – 6:00 P.M. 7. (a)TRUNK HIGHWAY 15 ROUNDABOUT PROJECT (LETTING NO. 1, PROJECT NO. 08-01) Kent Exner, City Engineer, presented before the Council. Mr. Exner described the project that is taking place at the intersection of Hwy 15 North and North High Drive/County Road 12. This is a state project. The City will be paying for the trunk stormwater collection/treatment system and the trunk water and sanitary sewer improvements. The property owners will pay for the lateral stormwater/drainage improvements, roadway improvements and water/sanitary sewer improvements. Mr. Exner then reviewed the assessments (estimated rates, assessable project frontage and utility assessments). Jim Schaefer, representing Hazel Newman who resides at 46 North High Drive, presented before the Council. Mr. Schaefer noted that the roundabout provides no benefit to his mother’s property, however provides benefit for the eastern/western travelers on North High Drive and the north/south travelers on Hwy 15. Mr. Schaefer has concerns about the curb/gutter, bituminous and sewer lines being replaced when they are all in good condition currently. Mr. Schaefer was also opposed to the proposed sidewalk. He feels his mother is paying for things that are not necessary. th Lee Salmi, 4 - 9 Avenue, presented before the Council. Mr. Salmi noted that the assessments on his property four years ago were approximately $80/linear foot. The assessments for this project are less than half of that. Mr. Salmi raised concerns about the traffic on Hwy 15 and the speed zones. Mr. Salmi hopes that this project will slow down the traffic. David Dummer, 999 Main Street, presented before the Council. Mr. Dummer noted that he did not receive the notification of the open house held on May 1, 2008. Bids for the project are being opened by MnDOT on May 16, 2008. The assessment hearing will be held on June 10, 2008. Motion by Arndt, second by Peterson, to close the public hearing. Motion carried unanimously. Motion by Arndt, second by Peterson, to approve ordering improvement and preparation of plans and specifications and order advertisement for bids. Motion carried unanimously. COMMUNICATIONS, REQUESTS AND PETITIONS 8. UNFINISHED BUSINESS 9. NEW BUSINESS 10. 3 CITY COUNCIL MINUTES – MAY 13, 2008 (a) CONSIDERATION FOR APPROVAL OF SALE OF MUNICIPALLY-OWNED REAL PROPERTY (WAIVE FIRST READING AND SET SECOND READING AND ADOPTION OF ORDINANCE NO. 08-0502 FOR MAY 27, 2008) Marc Sebora, City Attorney, presented before the Council. Mr. Sebora explained that a few years ago a new clinic was built in Dassel by Hutchinson Area Health Care. The tenant in the old clinic would like to purchase the building. Due to the property being in the name of the City of Hutchinson, the City Charter requires Council approval for such a transaction. Motion by Peterson, second by Stotts, to approve first reading of Ordinance No. 08-0502, sale of municipally-owned real property (former Dassel Clinic). Motion carried unanimously. (b) CONSIDERATION FOR APPROVAL OF AMENDMENTS TO THE HUTCHINSON HEALTH CARE BYLAWS RELATED TO COMMITTEE MEMBERSHIP (WAIVE FIRST READING AND SET SECOND READING AND ADOPTION OF ORDINANCE NO. 08-0503 FOR MAY 27, 2008) Mayor Cook explained that, as part of the privatization process, the City retained rights in membership of committees of the new HHC board. When the bylaws were originally approved, the intention was to have at least one Director that the City had appointed on the Executive Committee and the Audit/Compliance Committee, however the language in the bylaws needs to be amended to better clarify that. The proposed ordinance incorporates the original intention. Motion by Peterson, second by Stotts, to approve first reading of Ordinance No. 08-0503, amendments to the Hutchinson Health Care Bylaws related to committee membership. Motion carried unanimously. (c) CONSIDERATION OF BID FOR ENGINE 9 Brad Emans, Fire Chief, presented before the Council. Chief Emans noted that he received approval from the Council to attempt to sell the 1982 American LaFrance fire truck via e-bay. The top bid received was $5000. The Council had set the minimum bid at $7500. After the bids closed on e-bay, Chief Emans received an offer from Georgia in the amount of $5500. Motion by Peterson, second by Haugen, to authorize Chief Emans to sell the truck at a minimum price of $5500, allowing him time to see if any other departments in the state of Minnesota are interested in purchasing it. If a higher bid is not received from a Minnesota department by May 16, 2008, Chief Emans is authorized to sell it to the department in Georgia. Motion carried unanimously. (d) PRESENTATION OF HUTCHINSON POLICE SERVICES 2007 YEAR END REPORT Dan Hatten, Police Chief, presented before the Council. Chief Hatten reviewed the accomplishments achieved in 2007 as well as the equipment that was upgraded/purchased/improved. Chief Hatten reviewed training the department was involved in and other statistical information. Chief Hatten lastly reviewed objectives for 2008. (e) COMMUNICATION OF 2008 EMERGENCY STREET REPAIRS John Olson, Public Works Manager, presented before the Council. Mr. Olson explained that $130,000 was budgeted for neighborhood maintenance road repairs. However, due to the winter weather, frost boil repairs are in dire need. Because of this unbudgeted item, Mr. Olson is recommending that no seal coating take place this year. Mayor Cook recommended using excess bond funds to pay for the frost boil repairs and keep the neighborhood maintenance road repairs as scheduled and budgeted for. Council Member Peterson noted that the road along the sanctuary is in much need of repair as well. Motion by Stotts, second by Cook, to authorize up to $35,000 from the excess bond fund to repair frost boils and continue on with the regularly scheduled sealcoating work in 2008. Motion carried unanimously. (f) COMMUNICATION OF 2008 GENERAL FUND STREET MAINTENANCE PROGRAM Same item as 10(d). No action. 4 CITY COUNCIL MINUTES – MAY 13, 2008 MISCELLANEOUS 11. Lee Miller, EDA Intern, noted that a donation was given by the Crow River Sno Pros in the amount of $3900 for the kitchen upgrades at Evergreen Senior Dining. Mr. Miller also reviewed options for relocation of the Farmers Market as discussed last year. Option A st retains the location as it is now. Option B uses a portion of the city lot and 1 Avenue SE to the east of the st alleyway. Option C would be to retain the location as it is now, however keeping the south lane on 1 st Avenue open. Option D would move the Farmers Market to 1 Avenue between Hassan Street and Jefferson Street. Mayor Cook suggested checking with Shopko to see if a portion of their parking lot could be used. The Council also asked that the EDA speak with the beauty salon owner to get their feedback on Option D. This will be brought forth to the Council on May 27, 2008. Gary Plotz – Mr. Plotz requested setting a Council workshop on May 27, 2008, to review bond plan. Motion by Peterson, second by Cook, to set May 27, 2008, at 4:00 p.m. for a Council workshop. Motion carried unanimously. Kent Exner – Mr. Exner provided an update on the Crow River Dam project. Everything is working as designed. John Olson – Mr. Olson provided an overview as to the limitations related to cemetery decorations. Mr. Olson noted that Memorial Day cleanup will occur on June 9 by city staff. Mr. Olson also spoke of what is and isn’t allowed to remain in the cemetery. Mayor Cook – Mayor Cook noted that the Council needs to review the initial policies that were drafted during the Policy Governance retreat. He asked that the Council set a time to accomplish this. Motion by Peterson, second by Cook, to set May 28, 2008, from 4:00 – 7:00 p.m. to review drafted policies. Motion carried unanimously. ADJOURN 12. Motion by Arndt, second by Peterson, to adjourn at 7:55 p.m. Motion carried unanimously. 5