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08-14-2012 CCMMINUTES REGULAR MEETING — HUTCHINSON CITY COUNCIL TUESDAY, AUGUST 14, 2012 CALL TO ORDER — 4:00 P.M. Mayor Steve Cook called the meeting to order. Members present were Mary Christensen, Bill Arndt, and Eric Yost. Member Chad Czmowski was absent. Others present were Jeremy Carter, City Administrator, Kent Exner, City Engineer and Marc Sebora, City Attorney. 2. INVOCATION — Due to the absence of a pastor, the invocation was dispensed. PLEDGE OF ALLEGIANCE 4. RECOGNITION OF GIFTS, DONATIONS AND COMMUNITY SERVICE TO THE CITY Bill Arndt approached the podium and spoke as a private citizen. Mr. Arndt noted that at the Orange Spectacular a few weeks ago he was working at a local organization's food stand. A visitor from southern Missouri had commented to Mr. Arndt and the police chief on what a beautiful city Hutchinson was. When the visitor realized he was speaking to a council member and the police chief, he also commented the police chief on his outstanding officers when they responded to an emergency call he had witnessed. Council Member Christensen commented on the resignation of Bill Corby, the President of the Hutchinson Chamber /Convention & Visitor Bureau who has taken a new position. Mr. Corby has led the Chamber for the past five years and will be missed. 5. PUBLIC COMMENTS 6. MINUTES (a) REGULAR MEETING OF JULY 24, 2012 Motion by Arndt, second by Christensen, 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 1. RESOLUTION NO. 14031 — A RESOLUTION TO SELL AT AUCTION UNCLAIMED PROPERTY (BICYCLES) 2. RESOLUTION NO. 14036 — A RESOLUTION TO SELL AT AUCTION SURPLUS POLICE DEPARTMENT PROPERTY (INTERCEPTOR, DESK, LAWN MOWER, VEHICLE) 3. RESOLUTION NO. 14037 —A RESOLUTION TO SELL AT AUCTION ABANDONED PROPERTY (MISCELLANEOUS ITEMS) 4. RESOLUTION NO. 14038 — A RESOLUTION TO DONATE ABANDONED PROPERTY (CLOTHING AND SHOES) 5. RESOLUTION NO. 14039 -A RESOLUTION TRANSFERRING FIRE DEPARTMENT PROPERTY (1997 30 -FOOT ENCLOSED TRAILER) (b) CONSIDERATION FOR APPROVAL OF IMPROVEMENT PROJECT CHANGE ORDER NO. 1— CITY COUNCIL MINUTES AUGUST 14, 2012 LETTING NO. 3 /PROJECT NO. 12 -04 (2012 PAVEMENT MANAGEMENT) (c) CONSIDERATION FOR APPROVAL OF LES KOUBA PARKWAY IMPROVEMENTS PHASE 2 PROJECT (LETTING NO. 8 /PROJECT NO. 12 -09 — SA5103) (d) CONSIDERATION FOR APPROVAL OF REQUEST FOR SALE OF SURPLUS PROPERTY — PAVEMENT MARKING EQUIPMENT (e) CONSIDERATION FOR APPROVAL OF ISSUING TRANSIENT MERCHANT LICENSE TO DEAN MAJOR TO OPERATE SWEET CORN STAND IN SHAMROCK INN PARKING LOT (f) CONSIDERATION FOR APPROVAL OF RIVER WALK — PUBLIC ARTS DAY (g) CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS Items 7(c) and 7(g) was pulled for separate discussion Motion by Yost, second by Christensen, to approve consent agenda with the exception of the items noted above. Motion carried unanimously. Item 7(c) had further discussion. Kent Exner, City Engineer, presented before the Council. Mr. Exner explained that the low bid of $398,008.15, did come in lower than the estimate. Waiver forms were received from the two assessed properties which will allow for the process to be expedited. The project will begin in the near future. Motion by Arndt, second by Yost, to approve Item 7(c). Motion carried unanimously. Item 7(g) had further discussion. Jeremy Carter, City Administrator, noted that a revised payroll number was distributed with a revision in the pension funds. Motion by Christensen, second by Yost to approve Item 7(g). Motion carried unanimously 8. PUBLIC HEARINGS — 6:00 P.M. - NONE 9. COMMUNICATIONS, REQUESTS AND PETITIONS (Purpose: to provide Council with information necessary to craft wise policy. Always looking toward the future, not monitoring past) 10. UNFINISHED BUSINESS (a) CONSIDERATION OF ORDINANCE NO. 12 -0684 — AN ORDINANCE AMENDING CHAPTER 52 (WATER) OF THE CITY OF HUTCHINSON CODE OF ORDINANCES ADDING LANGUAGE IN SECTION 52.12 AND 52.13; CONNECTION REQUIRED AND PRIVATE WELLS FOR DOMESTIC USE (SECOND READING AND ADOPTION) Kent Exner, City Engineer, presented before the Council. Mr. Exner explained that Section 52.12 was revised regarding connection parameters. Mr. Exner explained that these revisions regulate various connection scenarios. These scenarios consist of buildings connected on the date of adoption of the ordinance, buildings constructed on property to which city water service is available at the time of certificate of occupancy, buildings constructed on property following legal occupancy and all buildings existing on the date of adoption of the ordinance. Motion by Yost, second by Arndt, to adopt Ordinance No. 12 -0684. Motion carried unanimously. 11. NEW BUSINESS (a) DISCUSSION OF BURNS MANOR PROPERTY 2 CITY COUNCIL MINUTES AUGUST 14, 2012 Jeremy Carter, City Administrator, presented before the Council. Mr. Carter explained that in January 2012, a new nursing home was constructed and the residents of Burns Manor were relocated there. As a result, the Burns Manor property has been vacant and various ideas have been considered as to the future use of the property. The position of Hutchinson Area Health Care is that there does not appear to be a feasible proposal for the reuse of the Burns Manor building. Mayor Cook noted that the City currently has a lease agreement with Hutchinson Area Health Care that incorporates the Burns Manor property. Essentially, the City leases the property to Hutchinson Area Health Care. Mayor Cook mentioned that the City could consider "taking back" the Burns Manor property and removing it from the lease agreement. Mayor Cook mentioned that two parties have expressed an interest in redeveloping the property. Mayor Cook noted that the Council must first consider whether or not the City is interested in taking back the property and removing it from the lease provisions with Hutchinson Area Health Care. John McNabb, 116 North High Drive, presented before the Council. Mr. McNabb expressed dismay that the City hadn't considered uses of Burns Manor prior to January 2012, since the City was well aware for several years that the residents would be relocating. Mr. McNabb expressed concerns with the upkeep of the property. Not only lawn maintenance, but flagpoles and retaining walls are deteriorating. Mr. McNabb opined that he feels the neighbors are not being treated fairly with the way Burns Manor is being maintained and lack of consideration. Roger O'Malley, 106 North High Drive, presented before the Council. Mr. O'Malley expressed that if the building would get razed, he inquired as to whether or not Oakland Cemetery may need additional space. He also had concerns with the current upkeep of the Burns Manor property.. Sherry Rasco, 66 North High Drive, presented before the Council. Ms. Rasco also commented on the drive area of the property that is crumbling. Ms. Rasco was also concerned with training sessions that the police department will be holding on the property. Russ Rasco, 66 North High Drive, presented before the Council. Mr. Rasco commented that he does not want tax dollars used to renovate the property into rental housing. Mayor Cook clarified that that has not been discussed amongst the Council. Steve Mulder, Hutchinson Area Health Care, presented before the Council. Dr. Mulder apologized for the maintenance issues and will ensure the issues are addressed. Dr. Mulder noted that HAHC would be obliged to grant the City the Burns Manor property, however, should the City wish to convey the property to HAHC, HAHC would take responsibility and feels an obligation towards it. Dr. Mulder commented that HAHC's ultimate plans would more than likely be to raze the building, however if a viable plan were presented to HAHC, it would definitely be considered. Mayor Cook noted that if HAHC would be conveyed the property, he suggested that the City be able to match any offers that HAHC would receive from private developers. However, if the City Council feels that they wish to not have ownership, that is a decision they could make as well. Mayor Cook commented that if Burns Manor were conveyed to another party, there would need to be assurance that planning and financial wherewithal have been analyzed. Mr. McNabb asked who owns the property to market the hospital. Mayor Cook explained that HAHC and the City are working together and the City functions as a landlord with HAHC as a tenant. Roger O'Malley asked when the end date is for the City /hospital to accept proposals for the property. Mayor Cook noted that if the lease is amended, that must be done by ordinance, which takes two Council meetings or about a month's timeframe. Therefore, proposals should come forward within the next few weeks. Council Member Arndt commented that if the City would take the property back, with HAHC razing it first, and the City would maintain the land, it would be a benefit to the City but a loss to HAHC. Therefore, HAHC would not be interested in that type of offer. CITY COUNCIL MINUTES AUGUST 14, 2012 Council Member Arndt asked if there is a value assessed to the property as it stands today. Dr. Mulder noted it is a negative figure because the demolition costs outweigh the valuation of the property. Three of the Council Members (Christensen, Yost and Cook) commented that they are not interested in having the property back. Discussion was held regarding the appropriate use of the property in the neighborhood. An ordinance will be drafted revising the lease agreement to release the property to Hutchinson Area Health Care as the first step in the process. Proposals and considerations can still be brought forth throughout the lease amendment discussions. (b) DISCUSSION OF STOVE TOP /FIRE STOP CANISTERS FOR RESIDENTIAL USE Brad Emans, Fire Chief, presented before the Council. Chief Emans noted that there are 1950 rental units in the City of Hutchinson. Chief Emans noted that 135 single family homes have been registered as rental properties. Chief Emans also commented on a compliment he had received from a renter on the rental inspection program. Chief Emans explained that kitchen fires have been the number one fire starter for the last four years. Chief Emans displayed a stove -top /fire stop. Chief Emans commented that if the City is considering deploying a program such as this, the City needs to determine who the focus group is for distribution of the equipment. The Fire Department could possibly obtain the canisters for approximately $40. Funding for the program must be considered. Council Member Christensen commented that she would like the City to sponsor the program in some way to assist the elderly, disabled or needy. Perhaps there are grant dollars available or organizations that could be approached for program funding. Council Member Yost commented that he thinks the program is a good one, however the cost needs to be considered and perhaps the property owners need to invest to a certain degree. A committee will be formed to discuss costs, management, funding, focus group, etc. Council Member Christensen will serve on the committee. (c) CONSIDERATION OF ACCEPTING GRANT AGREEMENT AND APPROVING 2012 AIRPORT IMPROVEMENT — SNOW REMOVAL EQUIPMENT John Olson, Public Works Manager, presented before the Council. Mr. Olson explained that the City has received both a federal grant and a state grant for this equipment. The purpose of this grant was to reduce snow removal equipment from two pieces of equipment to one piece of equipment that would do the same job. In essence, staff was able to determine four pieces of equipment that could be reduced to two pieces of equipment. The City will fund approximately $11,000 of the equipment. The equipment fund will be used for this equipment. Motion by Arndt, second by Christensen, to accept grant agreement and approve 2012 airport improvement for snow removal equipment. Motion carried unanimously. (d) CONSIDERATION FOR APPROVAL OF REVISED CITY POLICIES - POLICY NO. 1.18 — DELINQUENT UTILITY PAYMENTS - POLICY NO. 1.19 — REFUSE SERVICE TERMINATION OR TEMPORARY DISCONTINUATION - POLICY NO. 1.22 — DEVELOPER'S REQUEST FOR CITY INVOLVEMENT IN A PROJECT PROPOSAL - POLICY NO. 2.11— WATER TURN -ON AND OFF FEE Jeremy Carter, City Administrator, presented before the Council. Mr. Carter reviewed City Policy Nos. 1. 18, 1.19, 1.22 and 2.11. Mr. Carter reviewed billing processes as they pertain to Policy No. 1.18. Council Member Yost suggested clarifying that a property will be shut off on the 15th "or the next business day" to clarify that they will not be shut off on a Saturday, Sunday or holiday. Mayor Cook suggested adding 11 CITY COUNCIL MINUTES AUGUST 14, 2012 language noting the requirement to be reconnected. A revised Policy No. 1.18 will be brought forth. Because the Council meeting must end at 6:00 p.m. this evening, Mayor Cook suggested tabling the polices to the next meeting to review them thoroughly. Motion by Yost, second by Arndt, to table City policies 1. 18, 1.19, 1.22 and 2.11 to the next Council meeting due to time constraints of the Council meeting. 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) FIRE DEPARTMENT MONTHLY REPORT FOR JULY 2012 (b) PUBLIC LIBRARY BOARD MINUTES FROM JUNE 25, 2012 (c) LIQUOR HUTCH QUARTERLY FINANCIAL REPORT FOR APRIL — JUNE 2012 (d) HUTCHINSON UTILITIES COMMISSION MINUTES FROM JUNE 25 AND JUNE 27, 2012 (e) PARKS, RECREATION, COMMUNITY EDUCATION BOARD MINUTES FROM JUNE 4, 2012 (f) WEED NOTICES MONTHLY REOORT FOR JULY 2012 13. MISCELLANEOUS Council Member Christensen congratulated Lindsey Whalen and the USA Womens' Basketball team on their gold medal at the 2012 Olympics. Kent Exner— Mr. Exner noted that due to the South Park Water Tower rehabilitation, Verizon and TMobile have placed temporary poles which may interrupt those cell providers' service. Interested persons should contact those cell phone providers. Mayor Cook mentioned a town hall meeting will be held at the August 28, 2012, City Council meeting. Also, the transient merchant ordinance will be reviewed and updated throughout the year. He also suggested using a Request for Proposal process for auction services for surplus property. 14. ADJOURN Motion by Arndt, second by Christensen, to adjourn at 5:59 p.m. Motion carried unanimously. ATTEST: Steven W. Cook Jeremy J. Carter Mayor City Administrator