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05-08-2012 CCMMINUTES REGULAR MEETING — HUTCHINSON CITY COUNCIL TUESDAY, MAY 8, 2012 1. CALL TO ORDER — 5:30 P.M. Mayor Steve Cook called the meeting to order. Members present were Mary Christensen, Chad Czmowski, Bill Arndt and Eric Yost. Others present were Jeremy Carter, City Administrator, Kent Exner, City Engineer, and Marc Sebora, City Attorney. 2. INVOCATION — Pastor Adam Krumrie, Shalom Baptist Church, delivered the invocation. PLEDGE OF ALLEGIANCE 4. RECOGNITION OF GIFTS, DONATIONS AND COMMUNITY SERVICE TO THE CITY ARBOR DAY PROCLAMATION 2012 Motion by Yost, second by Cook, to proclaim May 24, 2012, as Arbor Day. Motion carried unanimously. Council Member Christensen noted that Maria Jacobs, Public Library employee, was awarded top honors for a video she produced on the Library. PUBLIC COMMENTS 6. MINUTES (a) REGULAR MEETING OF APRIL 24, 2012 (b) BID OPENING MINUTES FROM APRIL 26, 2012 (PAVEMENT MANAGEMENT PROJECT PHASE 1) Motion by Christensen, second by Czmowski, to approve the minutes as presented. Motion carried unanimously. 7. CONSENT AGENDA (Purpose: only for items requiring Council approval by external entities that would otherwise have been delegated to the City Administrator. Traditionally, items are not discussed.) (a) RESOLUTIONS AND ORDINANCES RESOLUTION NO. 14003 - TRAFFIC CONTROL RESOLUTION REGARDING ONE -WAY RESTRICTION ON 1sT AVENUE SW (GLEN STREET SW TO FRANKLIN STREET SW) (b) PLANNING COMMISSION ITEMS CONSIDERATION OF CONDITIONAL USE PERMIT TO ALLOW INSTALLATION OF A SATELLITE DISH SIX FEET IN DIAMETER ON THE WATER TOWER LOCATED AT 2 CENTURY AVENUE SE WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT FINDINGS OF FACT RESOLUTION NO. 13990 AND RESOLUTION NO. 13991) 2. CONSIDERATION OF INTERIM USE PERMIT REQUESTED BY HUTCHINSON AREA HEALTH CARE TO ALLOW PLACEMENT OF A TEMPORARY MODULAR BUILDING TO SERVE AS A CONFERENCE ROOM TO SUPPORT SPACE NEEDS FOR MEDICAL RECORDS TRAINING FOR STAFF AT 3 CENTURY AVENUE SE WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT FINDINGS OF FACT CITY COUNCIL MINUTES MAY 8, 2012 RESOLUTION NO. 14004 AND RESOLUTION NO. 14005) (c) APPOINTMENT OF DON SCHROEDER TO SENIOR ADVISORY BOARD TO JANUARY 2013 (LOUISE JESSEN'S UNEXPIRED TERM) (d) CONSIDERATION FOR APPROVAL OF ISSUING TRANSIENT MERCHANT LICENSE TO PHILLIP WESTBY OF THE COUNTRY STOP TO OPERATE A FRESH PRODUCE STAND AT 945 HWY 15 SOUTH (e) CONSIDERATION FOR APPROVALS AND PERMITS FOR THE 70t1i ANNUAL HUTCHINSON JAYCEE WATER CARNIVAL FOR JUNE 11— 17, 2012 (f) CONSIDERATION FOR APPROVAL OF MASTER AGREEMENT FOR PROFESSIONAL SERVICES — AIRPORT PLANNING, ENGINEERING AND CONSTRUCTION SERVICES WITH BOLTON & MENK, INC. (g) CONSIDERATION FOR APPROVAL OF ITEMS FOR 2012 PAVEMENT MANAGEMENT PROGRAM PHASE I PROJECT (LETTING NO. 3, PROJECT NO. 12 -04) (h) CONSIDERATION FOR APPROVAL OF JOINT POWERS AGREEMENT WITH MEEKER COUNTY FOR BACKUP BUILDING INSPECTION SERVICES (i) CONSIDERATION FOR APPROVAL OF ISSUING PARADE PERMIT TO AMERICAN LEGION POST 96 ON MAY 28, 2012 (j) CONSIDERATION FOR APPROVAL OF ISSUING SHORT -TERM GAMBLING LICENSE TO VOITURE 414 FOR NOVEMBER 20, 2012 AT AMERICAN LEGION POST 96 (k) CONSIDERATION FOR APPROVAL OF ISSUING TRANSIENT MERCHANT LICENSE TO ROBERT SAUTER TO OPERATE A SHAVED ICE STAND IN THE PARKING LOT OF 1200 HWY 15 SOUTH (SHAMROCK INN) (1) CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS Items 7(a)1, 7(e), 7(f), and 7(k) were pulled for separate discussion Motion by Arndt, second by Christensen, to approve consent agenda with the exception of the items noted above. Motion carried unanimously. Item 7(a)1 had further discussion. Council Member Christensen asked the reasoning for the one -way street. Chief Dan Hatten noted that the main reason for the one -way on 1st Avenue SW eastbound is to increase safety for the children in front of Park Elementary. The School District agrees with the one -way direction. Angled parking will be included on the one -way street. This will be implemented after the school year is completed. Motion by Christensen, second by Arndt, to approve Item 7(a) 1. Motion carried unanimously Item 7(e) had further discussion. Jeremy Carter, City Administrator, presented before the Council. Mr. Carter noted that Commodore Nick Nelson has requested that the music being played on June 14, June 15 and June 16 be allowed to be played until 11:00 p.m. as opposed to 10:00 p.m. as originally requested. Motion by Arndt, second by Yost, to approve Item 7(e) along with the music being allowed to play until 11:00 p.m. Motion carried unanimously. Item 7(f) had further discussion. Council Member Yost questioned language in Section 2(c) — "client will guarantee access to ... entry upon both public and private portion of the project and pertinent adjoining 2 CITY COUNCIL MINUTES MAY 8, 2012 properties ". John Olson, Public Works Manager, clarified that this project may encroach on private property and therefore easements would be needed for activity to take place. Motion by Yost, second by Christensen, to approve Item 7(f). Motion carried unanimously. Item 7(k) had further discussion. Council Member Yost noted that the applicant had indicated on his application that he had no misdemeanor convictions, however the Police Chief advised that the applicant has several misdemeanor convictions. Marc Sebora, City Attorney, explained that a background investigation was completed to determine moral character and that investigation revealed a misdemeanor conviction. Mr. Sebora had spoken to the applicant earlier in the day but he was unable to attend the meeting tonight. Mr. Sebora mentioned that the Council could table this item to the next meeting to allow the applicant an opportunity to answer any questions the Council may have. Motion by Czmowski, second by Yost, to deny issuing a transient merchant license to Robert Sauter. Mayor Cook suggested that if the applicant would like to reapply, perhaps he should wait until next year. Motion carried unanimously. 8. PUBLIC HEARINGS — 6:00 P.M. (a) ASSESSMENT HEARING AND PROJECT AWARD FOR 5TH AVENUE NW IMPROVEMENTS PROJECT (LETTING NO. 1, PROJECT NO. 12 -01) Kent Exner, CityEngineer, presented before the Council. Mr. Exner explained that the low bid came in from Hj erpe Contracting Inc. in the amount of $1,427,549.52. This project includes improvements to 51' Avenue NW from Kouwe Street NW to Trunk Hwy 15. The final assessment roll is approximately $380,000. One assessment was reduced after discussion with the property owner. Mr. Exner spoke of the deferred assessment policy. All property owners are aware of their assessment amount. Discussion was held regarding some specifics of the project. Motion by Arndt, second by Yost, to close public hearing. Motion carried unanimously. Mr. Exner noted that the contracts will be formalized with the contractor. The project will begin soon, however the road cannot be opened until school is out for the summer. Motion by Czmowski, second by Yost, to adopt assessment roll, accept bids and award the project to Hj erpe Contracting Inc. Motion carried unanimously. (b) 2012 STREET SEALCOATING PROJECT (LETTING NO. 4, PROJECT NO. 12 -05) — ORDERING PREPARATION OF PROPOSED ASSESSMENT AND NOTICE OF HEARING IN PROPOSED ASSESSMENT Kent Exner, City Engineer, presented before the Council. Mr. Exner explained that staff has developed a sealcoating project to occur every other year. By having a project every other year, projects are bid in a more efficient manner. The project is estimated to cost approximately $287,000 and includes several streets throughout the city. Bonding dollars are proposed to be used for the project, however alternative funding will be considered. There will be no assessments charged on this project. Motion by Arndt, second by Christensen, to close public hearing. Motion carried unanimously. Mr. Exner explained that the project timeline is slated to occur between the Water Carnival and the County Fair. Council Member Arndt asked about excess aggregate. Mr. Exner noted that it will be monitored and stressed to the contractor to pick up as much excess aggregate as possible to limit tracking. Motion by Arndt, second by Czmowski, to approve 2012 street sealcoating project. Motion carried unanimously. 9. COMMUNICATIONS REQUESTS AND PETITIONS (Purpose: to provide Council with information necessary to cra t wise po icy. Always looking toward t e uture, not monitoring past) CITY COUNCIL MINUTES MAY 8, 2012 (a) CONSIDERATION FOR APPROVAL OF LIFTING NOISE RESTRICTIONS AS REGULATED BY HUTCHINSON CITY CODE SECTION 92.18(V)(1)(D) FOR RELAY OF LIFE EVENT BEING HELD AUGUST 3, 2012, AT WEST RIVER PARK Mayor Cook explained that the Relay for Life event committee would like to have a band play music until 12:00 midnight. Therefore, noise restrictions would need to be lifted from the 10:00 p.m. time limits. Arlene Schwarz, Relay for Life, presented before the Council. Ms. Schwarz explained that the Relay for Life organizers would like to have a band play from 9:00 p.m. — 12:00 a.m. as part of their festivities. Motion by Christensen, second by Arndt, to approve lifting noise restrictions for Relay for Life Event on August 3, 2012, to 12:00 midnight. Motion carried unanimously. Discussion was held regarding the back drop to the stage that is in place at West River Park. A conditional use permit will be before the Planning Commission at next weeks meeting. (b) DISCUSSION OF UPDATING 2002 DOWNTOWN PLAN Mayor Cook noted that this subject has come about from discussions held with various groups regarding river improvements, park improvements, arts, etc. With a plan being conducted in a more comprehensive manner, many projects can be planned for and addressed. Different consultants may be able to help with this, one being the consultant that completed the Downtown Plan from 2002. Partnerships will be researched to investigate sharing the costs of such a study. Dan Jochum, Planning Director, presented the main reasons for updating the plan, such as the age of the current plan and the amount of downtown activity that is currently occurring. The Council consented to continue looking into this project and a formal proposal will be brought back at a future meeting for formal Council action. 10. UNFINISHED BUSINESS 11. NEW BUSINESS (a) CONSIDERATION FOR APPROVAL OF PROCEEDING WITH NATIONAL REGISTER DESIGNATION PROCESS FOR THE HARRINGTON - MERRILL HOUSE LOCATED AT 225 WASHINGTON AVENUE WEST Jeremy Carter, City Administrator, presented before the Council. Mr. Carter explained that the Harrington - Merrill House is being considered by the State Review Board on May 22, 2012, for consideration of placing it on the National Register. As part of the Memorandum of Understanding that was entered into between the City and Historic Hutchinson, the City must approve any historic designations that may be considered. Mayor Cook explained that there are no restrictions placed on properties that are on the National Register. Motion by Czmowski, second by Arndt, to approve proceeding with National Register designation for the Harrington - Merrill House. Jim Fahey, Historic Hutchinson, explained that the Harrington - Merrill House has been working towards a National Register designation for eight years. With such a designation, more funds are available for continuous improvements. Mayor Cook asked that staff prepare a letter that can be sent on behalf of the Council to go along with the application. Motion carried unanimously. (b) CONSIDERATION FOR APPROVAL OF CITY OF HUTCHINSON POLICIES: 1.02 — AGENDA -CITY COUNCIL; 1.07 — BOARDS, COMMISSIONS AND COMMITTEES - APPOINTMENTS; 1.10 — BOARDS- MEETING SCHEDULE FOR CALENDAR; AND 1.14 — CASH -CITY DEPARTMENTS) Jeremy Carter, City Administrator, presented before the Council. Mr. Carter explained the policies being considered. Policy 1.02 notates the deadlines for submitting Council agenda items to Administration in order to prepare the Council packet. Policy 1.07 speaks to appointments to boards, commissions and committees and the City advertising for open appointments. Policy 1.10 covers the board meetings on the City calendar. Council Member Czmowski asked that the Downtown Association be added to the policy and on the city calendar. Policy 1.14 speaks to how cash is handled in city departments. 11 CITY COUNCIL MINUTES MAY 8, 2012 Motion by Czmowski, second by Arndt, to approve City of Hutchinson Policies 1.02, 1.07, 1.10 and 1.14. Motion carried unanimously. 12. GOVERNANCE (Purpose: to assess past organizational performance, develop policy that guides the organization and Council and manage the logistics of the Council. May include monitoring reports, policy development and governance process items) (a) PUBLIC LIBRARY BOARD MINUTES FROM MARCH 26, 2012 (b) HUTCHINSON UTILITIES COMMISSION MINUTES FROM MARCH 28, 2012 (c) PLANNING COMMISSION MINUTES FROM APRIL 17, 2012 (d) FIRE DEPARTMENT MONTHLY REPORT FOR APRIL 2012 13. MISCELLANEOUS Jeremy Carter — Biodegradable bag pick up will be held June 2, 4, 5 and 6 and the McLeod County Fairgrounds. Information will be coming forth in residents' utility bills and other advertising mechanisms. Refinancing for City bonds is looking favorable and may be before the Council at the May 22, 2012, City Council meeting. Candidate filings for Council seats will open May 22 for those interested in running for City Council. Open seats include Mayor, Seat 3 (Yost) and Seat 4 ( Czmowski). Kent Exner — Mr. Exner thanked residents for completing the transportation survey. Approximately 700 were returned. Results from the survey will be incorporated into the transportation plan update. Hwy 15 South roundabout project— project is moving along, public meeting mid -late Summer. Hwy 15 retaining wall project— plans are with Mn/DOT's central office being reviewed. City staff will be putting specification manual together. During the month of June the project will be bid and awarded. Edmonton Avenue — manhole adjustments being made. School Road— Wm Mueller & Sons should be laying final layer of overlay by the project completion date of August 1, however will more than likely happen before then. Mayor Cook — Steve Mulder, Hutchinson Area Health Care CEO, will be providing annual update at the May 22, 2012, Council meeting. At the June 12, 2012, Council meeting there will be a presentation about the proposed changes to the City's lease with HAHC as part of HHC's integration with HMC. This will need to be done by ordinance. Mayor Cook suggested holding a town hall meeting to address any questions citizens may have about the changes to the lease. The fountain in river should be operating before Memorial Day. 14. ADJOURN Motion by Arndt, second by Christensen, to adjourn at 7:00 p.m. Motion carried unanimously. Steven W. Mayor ATTEST: Jeremy J. Carter City Administrator