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06-10-2008 CCMMINUTES REGULAR MEETING – HUTCHINSON CITY COUNCIL TUESDAY, JUNE 10, 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. Karl Kruse, Christ the King Lutheran Church, delivered the invocation. PLEDGE OF ALLEGIANCE 3. PUBLIC COMMENTS 4. MINUTES 5. (a)BID OPENING MINUTES FROM MAY 27, 2008 (NORTHEAST TRUNK STORM SEWER PHASE 2 AND SOUTHEAST TRUNK WATERMAIN AND SANITARY SEWER EXTENSION PROJECTS) (b)REGULARMEETING OF MAY 27, 2008 Motion by Haugen, second by Arndt, 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 MAY 2008 2. HUTCHINSON UTILITIES COMMISSION FINANCIAL REPORT FOR APRIL 2008 3. PARKS, RECREATION, COMMUNITY EDUCATION ADVISORY BOARD MINUTES FROM MARCH 3, 2008 (b) RESOLUTIONS AND ORDINANCES 1.RESOLUTION NO. 13413 – RESOLUTION TO SELL FORFEITED FIREARMS 2. RESOLUTION NO. 13414 – RESOLUTION TO SELL FORFEITED VEHICLE 3. RESOLUTION NO. 13425 - RESOLUTION FOR PURCHASE (PUMP CONTROL PANEL AND BIODIESEL) 4. RESOLUTION NO. 13426 - RESOLUTION ACCEPTING PLEDGED SECURITIES FROM CITIZENS BANK & TRUST COMPANY 5. ORDINANCE NO. 08-0504 - ORDINANCE SUSPENDING ENFORCEMENT OF HUTCHINSON CITY ORDINANCE 92.18 PERTAINING TO HOURS OF CONSTRUCTION DURING THE TRUNK HIGHWAY 15 ROUNDABOUT PROJECT (SECOND READING AND ADOPTION) 6. ORDINANCE NO. 08-0505 – AN ORDINANCE APPROVING THE PETITION FOR ANNEXATION OF 16.8 ACRES INTO THE CITY OF HUTCHINSON FROM SECTION 31, HUTCHINSON TOWNSHIP, REQUESTED BY STEPHEN E. LEE AND CITY OF HUTCHINSON (SECOND READING AND ADOPTION) CITY COUNCIL MINUTES – JUNE 10, 2008 (c) CONSIDERATION FOR APPROVAL OF REVISED ASSESSMENT ROLL (SA-5015) AND PAYMENT OF COUNTY DITCH ASSESSMENTS (STEPHEN E. LEE PROPERTY ACQUISITION FOR NORTHEAST TRUNK STORM SEWER PHASE 2 PROJECT) (d) CONSIDERATION FOR APPROVAL OF DRAINAGE AND UTILITY EASEMENTS AT 1213 HIGHWAY 15 NORTH (e) CONSIDERATION FOR APPROVAL OF SALE OF EXCESS EQUIPMENT (f) CONSIDERATION FOR APPROVAL OF PARADE PEDDLER’S PERMIT FOR NEEDIE BERGSTROM, DBA AMERICAN PASTIME, TO SELL FOOD DURING JAYCEE WATER CARNIVAL PARADE ON JUNE 15, 2008, ON WASHINGTON AVENUE EAST (g) CONSIDERATION FOR APPROVAL OF TRANSIENT MERCHANT LICENSE FOR MOHD MANSOUR TO OPERATE AN ICE CREAM TRUCK (h) CONSIDERATION FOR APPROVAL OF SHORT-TERM GAMBLING LICENSE FOR HUTCHINSON FIRE RELIEF ASSOCIATION ON SEPTEMBER 13, 2008, AT THE HUTCHINSON FIRE DEPARTMENT (i) CONSIDERATION FOR APPROVAL OF SETTING EDA OPEN HOUSE AND RECEPTION ON JUNE 25, 2008, FROM 3:00 – 6:30 P.M. AT THE CITY CENTER AS AN OPEN MEETING (j) CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS Item 6(b)1 was pulled for separate discussion. Motion by Arndt, second by Peterson, to approve consent agenda with the exception of the item noted above. Motion carried unanimously. Council Member Stotts asked that in the future it is clarified as to where forfeited items will be sold. Motion by Stotts, second by Peterson, to approve Item 6(b)1. Motion carried unanimously. PUBLIC HEARINGS – 6:00 P.M. 7. (a)2008 PAVEMENT MANAGEMENT PROGRAM PHASE 2 (LETTING NO. 5, PROJECT NO. 08-05) Kent Exner, City Engineer, presented before the Council. Mr. Exner provided a brief overview of the 2008 Pavement Management Program Phase 2 project. This project is a pavement rehabilitation at several locations to address deficiencies in existing pavement conditions, sump pump drainage, failed curb replacements and some limited utility improvements. The streets included in the project are all or portions of College Avenue, Hillcrest Road NE, Montreal Street SE, Oakwood Lane NW, and alley in Block 4 – South Half City. The street rehabilitation, partial street reconstruction and mill & overlay assessments are shared 50/50 by the property owner and the city. The City will pay 100% for the sanitary sewer & water distribution system improvements. The estimated total project cost is $961,000. Chuck Nielsen, 1207 Oakwood Lane, presented before the Council. Mr. Nielsen raised concerns about the condition of the city streets. Mr. Nielsen expressed that he feels more money needs to be allocated for preventive maintenance for city streets. Mark Jelkin, 1220 Oakwood Lane, presented before the Council. Mr. Jelkin noted that no maintenance has been provided to his street in six years and it is now in a condition of repair that is costing a considerable amount. Mr. Jelkin questioned the necessity of repairing this street as opposed to other streets that need more attention. Judy Plowman, 1204 Oakwood Lane, presented before the Council. Ms. Plowman questioned how assessments are configured for cul-de-sac properties. 2 CITY COUNCIL MINUTES – JUNE 10, 2008 Kathy Beeler, 1205 Oakwood Lane, presented before the Council. Ms. Beeler questioned why her lot was measured in the back as opposed to the front. Mr. Exner explained that some back yards are used due to the various size of lots. Motion by Arndt, second by Peterson, to close public hearing. Motion carried unanimously. Motion by Peterson, second by Cook, to approve ordering improvement & preparation of plans and specifications and approving plans & specifications & ordering advertisement for bids for the 2008 pavement management program phase 2 project. Motion carried unanimously. (b)ASSESSMENT HEARING FOR TRUNK HIGHWAY 15 ROUNDABOUT PROJECT (LETTING NO. 1, PROJECT NO. 08-01) Kent Exner, City Engineer, presented before the Council. Mr. Exner explained that the low bid for this Mn/DOT project came in at approximately $1.5 million. The City’s share of the construction cost is approximately $200,000. Motion by Haugen, second by Arndt, to close public hearing. Motion carried unanimously Motion by Arndt, second by Stotts, to approve adopting assessment and accepting bid and awarding contract for Trunk Highway 15 Roundabout Project. Motion carried unanimously. COMMUNICATIONS, REQUESTS AND PETITIONS 8. UNFINISHED BUSINESS 9. NEW BUSINESS 10. (a) CONSIDERATION FOR APPROVAL OF CREATING A DULY ORGANIZED AND AUTHORIZED FARMERS’ MARKET AS REQUESTED BY HUGO RUSCH Miles Seppelt, EDA Director, presented before the Council. Mr. Seppelt informed the Council that Mr. Rusch has requested to withdraw this request. The Farmers’ Market has decided to move the market location to the VFW parking lot effective June 18, 2008. Motion by Arndt, second by Peterson, to authorize relocation of the Farmers’ Market to the VFW parking lot and noting that this Farmers’ Market is sponsored by the Hutchinson Downtown Association. Motion carried unanimously. (b) CONSIDERATION FOR APPROVAL OF SETTING HEARING FOR DETERMINATION OF DANGEROUS ANIMAL AS REQUESTED BY PAMELA COMMERFORD Marc Sebora, City Attorney, presented before the Council. Mr. Sebora explained that the Animal Control Officer has issued a dangerous animal notice to Pamela Commerford resulting from a dog bite that occurred. Hutchinson City Code allows for the animal owner to appeal this designation to the City Council. The hearing must be held by June 20, 2008. Motion by Stotts, second by Peterson, to set dangerous animal appeal hearing as requested by Pam Commerford for June 17, 2008, at 4:30 p.m. Motion carried unanimously. (c) CONSIDERATION FOR APPROVAL OF ITEMS FOR NORTHEAST TRUNK STORM SEWER PHASE 2 AND SOUTHEAST TRUNK WATERMAIN AND SANITARY SEWER EXTENSION PROJECTS (LETTING NO. 2, PROJECT NO. 08-02A & 08-02B) 3 CITY COUNCIL MINUTES – JUNE 10, 2008 Kent Exner, City Engineer, presented before the Council. Mr. Exner explained that this item is related to the Lee property. Mr. Lee has signed a petition for local improvement and agreement of assessment and waiver of irregularity and appeal. Therefore, no assessment hearing needs to be held. The low bid came in approximately 20% lower than estimated. Motion by Arndt, second by Haugen, to adopt assessment, accept bid and award contract for Northeast Trunk Storm Sewer Phase 2 and Southeast Trunk Watermain and Sanitary Sewer Extension Projects. Mayor Cook questioned the necessity of constructing the parking lot on the north end of Northwoods Park. The parking lot is estimated to cost $65,000 and he expressed that these funds could be used in possibly a better way. General discussion was held regarding the benefit of the lot and what the City’s priorities are. Roll call vote was taken: Haugen – aye; Arndt – aye; Peterson – aye; Stotts – aye; Cook – nay. Motion carried 4 to 1. (d)CONSIDERATION FOR APPROVAL OF SETTING JOINT MEETING WITH PLANNING COMMISSION TO DISCUSS MINIMUM BUILDING STANDARDS ALONG THE HWY 7 AND HWY 15 CORRIDORS AS REQUESTED BY STEVEN W. COOK Mayor Cook noted that he had spoken with the Planning Commission Chair and suggested setting a joint meeting with the Planning Commission to discuss minimum building standards along the Hwy 7 and Hwy 15 corridors. Mayor Cook noted that he believes this would be a good discussion to have with the Planning Commission to provide some guidance as to how the Council foresees future development. Council Member Haugen suggested checking with other outstate cities of similar size to see if they have minimum standards established. Motion by Stotts, second by Peterson, to reject setting joint meeting with Planning Commission to discuss minimum standards. Roll call vote was taken: Haugen – aye; Arndt – aye; Peterson – aye; Stotts – aye; Cook – nay. Motion carried 4 to 1. (e) CONSIDERATION FOR APPROVAL OF SETTING COUNCIL WORKSHOP TO DISCUSS UPCOMING PROJECTS Mayor Cook noted that this workshop could be held to discuss the various larger projects on the horizon and to identify the priorities to staff. Council Member Haugen suggested having this discussion as part of a Council meeting. Motion by Peterson, second by Stotts, to schedule this discussion for the next City Council meeting of June 24, 2008. Council Member Haugen suggested holding these types of discussions on a quarterly basis. Motion carried unanimously. (f) DISCUSSION REGARDING POSSIBLE CITY CHARTER CHANGES Mayor Cook noted that the Charter Commission has suggested that the Charter be reviewed as related to the changes made to Hutchinson Area Health Care. Mayor Cook suggested that the Charter Commission review a requirement of a Council Member serving on the Hutchinson Utilities Commission. Marc Sebora, City Attorney, reviewed the process to be followed should the Charter Commission suggest changes to be made to the City Charter. Mayor Cook suggested the above-mentioned items be forwarded to the Charter Commission for their review. Motion by Arndt, second by Cook, to convene the Charter Commission to review the sections pertaining to Hutchinson Area Health Care and reviewing a requirement for a City Council Member to serve on the Utilities Commission. Motion carried unanimously. MISCELLANEOUS 11. Kent Exner – Mr. Exner distributed Resolution No. 13416 which is a Resolution Establishing Location for Traffic Control Devices. These devices include installation of a “Pedestrian Warning” sign on Hwy 7/22 4 CITY COUNCIL MINUTES – JUNE 10, 2008 West at the intersection with Montana Street; installation of a “No Parking” sign on both northbound and southbound School Road NW from its intersection with Hwy 7/22 and its intersection with Rolling Oaks nd Lane NW; remove “No Parking” signs on eastbound 2 Avenue SE from Adams Street SE to Huron Street th SE; remove “Stop” sign on both eastbound and westbound 5 Avenue NE at its intersection with Prospect Street NE; installation of a “Bicycle Lane” and erection of “No Parking” sign on the west side of School Road NW from its intersection with Rolling Oaks Drive NW to Golf Course Road NW; and install “No rd Parking” sign on both sides of Pishney Lane SW from its intersection with 3 Avenue SW to its intersection nd with 2 Avenue SW. This Resolution will be brought forth to the Council for consideration at the next City Council meeting. Council Member Stotts asked that staff review the intersection at Dale Street/Century Avenue and the necessity of the stop sign. Council Member Stotts and Council Member Peterson announced that they will not be running for re- election in the fall. Filing opens July 1, 2008. Gary Plotz – Mr. Plotz noted that the Fire Relief Assocation met last evening and intend to come to the next City Council meeting recommending a $2.00 increase to long-term members pension plans. Mr. Plotz also noted that the Minneapolis contract Request for Proposals came out this past Monday. City staff is considering not submitting a proposal at this time. Mr. Plotz lastly noted that a joint meeting has been requested to be held with the Utilities Commission to review the transfer formula as well as have an opportunity to update the City Council on activities of the Utilities Commission. Mayor Cook suggested having an update provided by the Utilities Commission at the July 8, 2008, City Council meeting. The transfer formula could also be discussed at that time. Mayor Cook – Mayor Cook suggested advertising for the proposed finance department position earlier this year rather than later. ADJOURN 12. Motion by Arndt, second by Peterson, to adjourn at 7:35 p.m. ATTEST: _______________________________________ _____________________________________ Steven W. Cook Gary D. Plotz Mayor City Administrator 5