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08-12-2008 CCMMINUTES REGULAR MEETING – HUTCHINSON CITY COUNCIL TUESDAY, AUGUST 12, 2008 CALL TO ORDER – 5:30 P.M. 1. Mayor Cook called the meeting to order. Members present were Bill Arndt, Casey Stotts and Jim Haugen. Council Member absent was Kay Peterson. Others present were Gary Plotz, City Administrator, Kent Exner, City Engineer, and Jody Winters, Assistant City Attorney. INVOCATION 2. – Rev. Rick Stapleton, Shalom Baptist Church, delivered the invocation. PLEDGE OF ALLEGIANCE 3. PUBLIC COMMENTS 4. MINUTES 5. (a)REGULARMEETING OF JULY 22, 2008 (b) POLICY GOVERNANCE SESSION OF JULY 29, 2008 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.HUTCHINSON PUBLIC LIBRARY BOARD MEETING MINUTES FROM JUNE 23, 2008 2. HUTCHINSON FIRE DEPARTMENT MONTHLY REPORT FROM JULY 2008 (b) RESOLUTIONS AND ORDINANCES 1. RESOLUTION NO. 13464 - RESOLUTION APPOINTING ELECTION JUDGES FOR 2008 PRIMARY AND GENERAL ELECTIONS 2. RESOLUTION NO. 13465 - RESOLUTION AUTHORIZING GREATER MINNESOTA BUSINESS DEVELOPMENT PUBLIC INFRASTRUCTURE GRANT PROGRAM FOR HUTCHINSON ECONOMIC DEVELOPMENT AUTHORITY 3. RESOLUTION NO. 13466 – RESOLUTION FOR PURCHASE (PAVING, SCSI DRIVE LIBRARY, FORKLIFT, DUEL DRIVE, UNLEADED GASOLINE) (c) CONSIDERATION FOR APPROVAL OF IMPROVEMENT PROJECT CHANGE ORDERS - CHANGE ORDER NO. 1 – LETTING NO. 4, PROJECT NO. 08-04 (2008 PAVEMENT MANAGEMENT PROGRAM-PHASE1) - CHANGE ORDER NO. 4 – LETTING NO. 2, PROJECT N O. 07-02 (CROW RIVER DAM) - CHANGE ORDER NO. 6 – LETTING NO. 4, PROJECT NO. 07-04 (WASTEWATER TREATMENT FACILITY IMPROVEMENTS) (d) CONSIDERATION FOR APPROVAL OF ENGINEERING SERVICES AGREEMENT WITH SRF CONSULTING GROUP FOR FEASIBILITY STUDY OF WASHINGTON AVENUE AND ADAMS STREET (e) CONSIDERATION FOR APPROVAL OF PARTICIPATION IN THE MINNESOTA WATER AGENCY RESPONSE NETWORK (MnWARN) (f) CONSIDERATION FOR APPROVAL OF TRANSIENT MERCHANT LICENSE FOR DEAN MAJOR TO OPERATE A SWEET CORN STAND AT 1200 HWY 15 SOUTH CITY COUNCIL MINUTES – AUGUST 12, 2008 (g) CONSIDERATION FOR APPROVAL OF SHORT-TERM GAMBLING LICENSE FOR DUCKS UNLIMITED ON SEPTEMBER 10, 2008, AT HUTCHINSON EVENT CENTER (h) APPOINTMENT OF ROGER VACEK TO HUTCHINSON PUBLIC LIBRARY BOARD TO APRIL 2009 (REPLACING ANN VANCE) (i) CONSIDERATION FOR APPROVAL OF 2008 HUTCHINSON JAYCEES HAUNTED HOUSE (j) CONSIDERATION FOR APPROVAL OF FORMALLY ACCEPTING 2007 FINANCIAL STATEMENT (k) CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS Items 6(b)3, 6(c), 6(d), 6(e), and 6(i) were pulled for separate discussion. Motion by Haugen, second by Arndt, to approve consent agenda with the exception of the items noted above. Motion carried unanimously. Item 6(b)3 had further discussion. Mayor Cook questioned the purchase of the proposed fork lift for the Wastewater Treatment Facility. The mayor asked if other alternatives to the one being proposed could be considered and have this item lifted from the Resolution. Items to consider are electric vs. gasoline, new vs. used, etc. John Olson, Public Works Manager, noted that staff is open to researching other alternatives. Motion by Arndt, second by Haugen, to approve Resolution for Purchase except for the purchase of the forklift. Motion carried unanimously. Item 6(c) had further discussion. Council Member Stotts noted that he had received a comment from an individual in the construction industry. This individual commented that Hutchinson is known for approving change orders which, in the end, jacks up the total cost of projects. Kent Exner, City Engineer, noted that projects can have multiple change orders, however city staff is very diligent in reviewing change orders and they are all publicly approved. Each change order follows a specific process and no business is conducted “on the side”. Motion by Stotts, second by Haugen, to approve Item 6(c). Motion carried unanimously. Item 6(d) had further discussion. Mayor Cook requested that cost estimates also include not having a roundabout as part of the feasibility study. Kent Exner, City Engineer, reviewed the key points of the feasibility study. Motion by Haugen, second by Arndt, to approve Item 6(d). Motion carried unanimously. Item 6(e) had further discussion. John Olson, Public Works Manager, explained that MnWARN is an organization that was put together by various cities who had seen serious emergencies with their water, wastewater and storm water utility services. The MnWARN program provides a framework for participants to provide mutual aid assistance to other agencies’ services. There is no cost associated with being part of this program and basically works as mutual aid to other agencies. Motion by Arndt, second by Stotts, to approve Item 6(e). Motion carried unanimously. Item 6(i) had further discussion. Mayor Cook noted that a few small changes were made to the agreement from last year. One of those changes is an increased rental fee to $750 from $500. Mayor Cook noted that he had spoken with the Vice President of the Jaycees whom requested that a three-year cap be placed on the rental fee. Troy Scotting, Hutchinson Jaycees – 518 Juul Road SW, presented before the Council. Mr. Scotting formally requested that the rental fee remain at $750 for the next three years. Motion by Arndt, second by Haugen, to approve Memorandum of Agreement between Hutchinson Jaycees and City of Hutchinson for the use of the fire training tower site for the haunted house, with a $750 rental 2 CITY COUNCIL MINUTES – AUGUST 12, 2008 fee for the next three years, contingent on if the event is held. The Jaycees are not being held to holding the event for the next three years. Motion carried unanimously. PUBLIC HEARINGS – 6:00 P.M. 7. (a)CONSIDERATION FOR APPROVAL OF ISSUING ON-SALE INTOXICATING AND SUNDAY LIQUOR LICENSE TO ROBERT BARNARD DBA ZELLAS LOCATED AT 14 MAIN STREET SOUTH Motion by Stotts, second by Arndt, to close public hearing. Motion carried unanimously. Motion by Arndt, second by Stotts, with Haugen abstaining, to approve issuing on-sale intoxicating and Sunday liquor license to Robert Barnard dba Zellas located at 14 Main Street South. Motion carried unanimously. (b) HUTCHINSON DAM DOWNSTREAM RIFFLE NO. 11 (LETTING NO. 16, PROJECT NO. 08-20) - ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS AND ACCEPTING BID AND AWARDING CONTRACT Kent Exner, City Engineer, presented before the Council. Mr. Exner reviewed the project which consists of constructing a riffle immediately adjacent to Riffle No. 10. This will decrease the velocities of water. The low quote on this project is $9500. There are several unknowns associated with this work, thus additional costs beyond the original quote may arise. If so, the Council will be informed accordingly. Motion by Arndt, second by Haugen, to close public hearing. Motion carried unanimously. Motion by Arndt, second by Haugen, to order improvement, prepare plans and specifications, accept bid and award contract for Hutchinson Dam Downstream Riffle No. 11. Motion carried unanimously. (c) NORTHEAST TRUNK STORM SEWER PHASE 3 (LETTING NO. 3, PROJECT NO. 08-03) - ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS, APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS Kent Exner, City Engineer, presented before the Council. Mr. Exner explained that this project consists of tying together the entire northeast trunk storm sewer. This phase is to construct a storm sewer improvement near the intersection of Trunk Highway 15 and North High Drive by construction of grading, trunk and lateral storm sewer, landscaping, restoration and appurtenances. Mr. Exner noted that the bid date may be delayed due to property acquisition negotiations are complete. Motion by Haugen, second by Arndt, to close public hearing. Motion carried unanimously. Mayor Cook noted that this project is being considered simply to keep the project moving along. Mayor Cook inquired as to whether or not it is a good idea to bid out a project with contingencies on it. Kent Exner noted that staff desires to wrap up property acquisition negotiations and then go out for bids. Mayor Cook noted he would feel more comfortable with approving plans and specifications and holding off on ordering advertisement for bids until the property acquisition is determined. Motion by Arndt, second by Stotts, to order improvement and approve plans and specifications for Northeast Trunk Storm Sewer Phase 3. Motion carried unanimously. (d) SOUTH GRADE ROAD TRAIL (LETTING NO. 7, PROJECT NO. 08-07) - ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS, APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS Kent Exner, City Engineer, presented before the Council. Mr. Exner noted that this project includes improving the South Grade Road SW trail from Bridgewater Estates Third Addition to School Road SW by construction of grading, aggregate base, storm sewer, bituminous paving, landscaping, restoration and appurtenances. This work will complete the trail alignment from Lakewood Drive SW to the existing School Road facilities. nd John Hassinger, 546 2 Avenue SW, presented before the Council. Mr. Hassinger noted that he is an avid 3 CITY COUNCIL MINUTES – AUGUST 12, 2008 bicyclist and strongly supports the construction of the trail along South Grade Road. Joy Schmitz, 1155 West Shore Drive, presented before the Council. Ms. Schmitz noted statistics from safe bicycling for children. Ms. Schmitz noted that she would like to support this project, however wishes that it would include a linkage to the Island View Heights addition. Ms. Schmitz provided a petition which encourages the construction of a trail from Island View Heights to the South Grade Road trail up to School Road. The petition includes 57 signatures from households in the Island View Heights development. Scott Glaser, 785 Roberts Street SW, presented before the Council. Mr. Glaser noted that his household strongly supports this project as they do much bicycling to the east of their neighborhood. Motion by Stotts, second by Arndt, to close public hearing. Motion carried unanimously. Kent Exner, City Engineer, explained some opportunities that could be viable to construct a trail from Island View Heights to Lakewood Drive. Issues that need to be resolved include the bridge on South Grade Road in relationship to the county roadway. Mayor Cook suggested constructing a trail from the Island View Heights addition to the bridge and then reconnecting after the bridge to Lakewood Drive. Motion by Stotts, second by Haugen, to order improvement, approve plans and specifications and order advertisement for bids for South Grade Road Trail, along with directing staff to plan for construction a trail from the Island View Height addition to the South Grade Road trail next year. Motion carried unanimously. (e) CONSIDERATION FOR APPROVAL OF PROCEEDING WITH PROJECT PROCESS FOR LES KOUBA PARKWAY (LETTING NO. 17, PROJECT NO. 08-22) Kent Exner, City Engineer, presented before the Council. Mr. Exner explained that staff has delineated City property in relationship to where Gopher Campfire’s fencing lies and both entities are comfortable with the lines and have agreed on a few alterations when a new fence is put in. Cost estimates are currently $200,000 to build an upgraded gravel surface 30’ wide on Les Kouba Parkway. Mr. Exner noted that the Resource Allocation Committee reviewed all projects and this project was not identified as a priority. Mr. Exner noted that in conversations with Gopher Campfire, they are seeking some protection from the City for the new fence that is put in. Mr. Exner noted that in order to help protect the fence, approximately $20,000- $30,000 will be needed to build a buffer, place rocks, etc. to aid in protection. Motion by Arndt, second by Stotts, to close public hearing. Motion carried unanimously. Motion by Haugen, second by Stotts, to table this item indefinitely and schedule a workshop to discuss design of the area for September 23, 2008, at 4:00 p.m., inviting interested parties to attend. Motion carried unanimously. COMMUNICATIONS, REQUESTS AND PETITIONS 8. UNFINISHED BUSINESS 9. NEW BUSINESS 10. (a) CONSIDERATION FOR APPROVAL OF SETTING DATE FOR THE 2008 CITY RECOGNITION EVENT Brenda Ewing, Human Resources Director, presented before the Council. Ms. Ewing noted that historically the event has been held in September. Currently, September 4 and 11 are available at the Event Center. Motion by Arndt, second by Haugen, to set 2008 Recognition Event for September 11, 2008, at 5:30 p.m. at the Event Center. Motion carried unanimously. (b) CONSIDERATION FOR APPROVAL OF SETTING BUDGET WORKSHOPS FOR AUGUST 19 AND AUGUST 26, 2008 4 CITY COUNCIL MINUTES – AUGUST 12, 2008 Mayor Cook noted that a public hearing regarding the budget is set for August 26, 2008, at the City Council meeting. Motion by Haugen, second by Cook, to set budget workshops for August 19 and August 26, 2008, at 4:00 p.m. Motion carried unanimously. (c) CONSIDERATION FOR APPROVAL OF RESETTING SEPTEMBER 9, 2008, CITY COUNCIL MEETING DUE TO PRIMARY ELECTION Mayor Cook noted that due to the Primary Election, the Council meeting will need to be re-set on September 9, 2008. Motion by Arndt, second by Stotts, to reset September 9, 2008, City Council meeting to September 10, 2008, at 5:30 p.m. Motion carried unanimously. (d) DISCUSSION AND REVIEW OF POLICY GOVERNANCE POLICIES Mayor Cook noted that a workshop was held on July 29, 2008, on the topic of policy governance. There are some outstanding policies that the Council needs to review and approve. These include policies related to communication and support to the Council, agenda planning and the Chief Governance Officer’s role. The Council reviewed Policy No. 2.8 of the Executive Limitations and 4.3 & 4.4 of Governance Process. Mayor Cook suggested section 2.8.10 be added to the Policy related to Communication and Support to the Council as presented. Motion by Stotts, second by Cook, to approve Policy No. 2.8, which includes the proposed section of 2.8.10 Motion carried unanimously. Policy No. 4.3 was reviewed by the Council. Mayor Cook suggested revising 4.3.3 to allow a member of the public to submit an item to be placed on the agenda to the Mayor or City Administrator. Council Member Haugen suggested adding language to the policy that makes placing the item on the agenda the prerogative of the Mayor and/or City Administrator. Mayor Cook suggested adding the language “for consideration” by Mayor or City Administrator. The section will read: “A Council member, staff, or member of the public, may submit an item for consideration for Council discussion by…”. Motion by Haugen, second by Stotts, to approve Policy No. 4.3 with the revised language in 4.3.3. Motion carried unanimously. Policy No. 4.4 was reviewed by the Council. A recommendation was to change the term of Chief Governance Officer to the word Mayor. 4.4.2, suggested to include “City Charter” prior to Council policies. The section will read: “…that fall within the City Charter, topics covered by Council policies…”. Motion by Stotts, second by Cook, to approve Policy No. 4.4, with adding the language “City Charter”. Motion carried unanimously. MISCELLANEOUS 11. Gary Plotz – Mr. Plotz noted that a financial consultant for Creekside for the past three years, Cam Rucks, passed away recently unexpectedly. Mr. Plotz also noted that he visited Dick Kosek, employee of the City of Hutchinson who was recently injured on the job. Mr. Kosek is doing well and is recovering at a nursing home in Winthrop. Mr. Plotz reminded the Council of upcoming events. Kent Exner – Mr. Exner noted that it has been suggested to hold off on the Crow River Dam ceremonial event until the landscaping is completed and construction of Riffle No. 11. It has been suggested to hold the ceremonial event in Spring 2009 as compared to August 28, 2008, as currently set. The Crow River Dam 5 CITY COUNCIL MINUTES – AUGUST 12, 2008 ceremonial event will rescheduled to Spring 2009. Mr. Exner noted that the Hwy 15 Roundabout project is estimated to be completed by Labor Day weekend. Mayor Cook – Mayor Cook noted that staff has heard back from McLeod County, and unfortunately they are unable to contribute to the 2009 budget for dispatch services, however they would like to put together a group to discuss a possible contribution in 2010 and beyond. Mayor Cook and Casey Stotts will serve with this group. The Council also discussed the projects that were reviewed at today’s workshop and a list that the mayor had put together. Council Member Haugen requested that the City’s cost be associated with each project. The Council Members were asked to rank these projects and return their lists to Gary Plotz. ADJOURN 12. Motion by Arndt, second by Stotts, to adjourn at 7:35 p.m. Motion carried unanimously. ATTEST: _______________________________________ _____________________________________ Steven W. Cook Gary D. Plotz Mayor City Administrator 6