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09-23-2003 CCM MINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, SEPTEMBER 23, 2003 1. CALL TO ORDER - 5:30 P.M. 2. INVOCATION - Rev. Grant Blomberg, Riverside Assembly of God Church, delivered the invocation. 3. PLEDGE OF ALLEGIANCE 4. MINUTES (a) REGULAR MEETING OF SEPTEMBER 9,2003 Minutes were approved as presented. 5. CONSENT AGENDA (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. HUTCHINSON HOUSING & REDEVELOPMENT AUTHORITY MINUTES FROM AUGUST 19,2003 2. PARKS, RECREATION & COMMUNITY EDUCATION BOARD MINUTES FROMJUL Y 7, 2003 3. HUTCHINSON AIRPORT ADVISORY COMMISSION MINUTES FROM JULY 29,2003 4. HUTCHINSON PLANNING COMMISSION MINUTES FROM AUGUST 19,2003 5. HUTCHINSON AREA HEALTH CARE BOARD MEETING MINUTES FROM AUGUST 19, 2003 6. PIONEERLAND LIBRARY SYSTEM BOARD MEETING MINUTES FROM JULY 17,2003 (b) RESOLUTIONS AND ORDINANCES 1. RESOLUTION NO. 12258 - RESOLUTION DESIGNATING LOCATION OF POLLIING PLACE FOR ALL CITY AND SCHOOL DISTRICT 423 PRECINCTS AND APPOINTING JUDGES FOR THE 2003 SPECIAL CITY AND INDEPENDENT SCHOOL DISTRICT 423 ELECTION (c) PLANNING COMMISSION ITEMS 1. CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY HUTCHINSON MANUFACTURING TO CONSTRUCT A 40 X 80 POLE TYPE STORAGE BUILDING IN THE IIC DISTRICT LOCATED AT 720 HWY 7 WEST WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (ADOPT RESOLUTION NO. 12259) 2. CONSIDERATION OF A PRELIMINARY PLAT TO BE KNOWN AS ROLLING MEADOWS EAST, REZONING OF THE PROPERTY FROM R1 TO R3 PDD AND A CITY COUNCIL MINUTES - SEPTEMBER 23, 2003 REQUEST FOR A PLANNED DEVELOPMENT DISTRICT SUBMITTED BY BRUCE NAUSTDAL, LOCATED NORTH OF HWY 7 WEST WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (ADOPT RESOLUTION NO. 12260 & 12261 AND WAIVE FIRST READING AND SET SECOND READING AND ADOPTION OF ORDINANCE NO. 03-356 FOR OCTOBER 14,2003) 3. CONSIDERATION OF PRELIMINARY AND FINAL PLAT TO BE KNOWN AS COUNTY FAIR MARKETPLACE THIRD ADDITION AND COUNTY FAIR MARKETPLACE FOURTH ADDITION SUBMITTED BY RYAN COMPANIES WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (ADOPT RESOLUTION NO. 12263 & 12264) 4. CONSIDERATION OF REPLAT OF ISLAND VIEW HEIGHTS FOURTH ADDITION TO ISLAND VIEW HEIGHTS, SIXTH ADDITION AND AMENDMENT TO PDD SUBMITTED BY SCENIC HOMES, INC. WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (ADOPT RESOLUTION NO. 12265 & 12266) 5. CONSIDERATION OF VARIANCE REQUESTED BY MATTHEW KUHN TO REDUCE FRONT YARD SETBACK TO CONSTRUCT A ROOF OVER A DECK 14.2 FEET FROM FRONT PROPERTY LINE LOCATED AT 530 GROVE STREET SW WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (ADOPT RESOLUTION NO. 12267) 6. CONSIDERATION OF AMENDING ZONING ORDINANCE TO ALLOW FOR RESIDENTIAL PROPERTIES IN THE C3 DISTRICT WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (WAIVE FIRST READING AND SET SECOND READING AND ADOPTION OF ORDINANCE NO. 03-357 FOR OCTOBER 14, 2003) 7. CONSIDERATION OF CONDITIONAL USE PERMIT FOR A FENCE LOCATED AT 700 AIRPORT ROAD WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (ADOPT RESOLUTION NO. 12268) (d) CONSIDERATION FOR APPROVAL OF HOSPITAL CAPITAL EXPENDITURES (OPERATING TABLES, MEDICAL HEADWALLS, PATIENT CARE UNITS AND SURGICAL CABINETS) (e) CONSIDERATION FOR APPROVAL OF CHANGE ORDER NO. 1 FOR STONEY POINT LIFT STATION - PROJECT NO. 03-18, LETTING NO. 10 (f) CONSIDERATION FOR APPROVAL OF TRANSIENT MERCHANT LICENSE FOR T.A.P. ENTERPRISES ON OCTOBER 15,2003, AT THE BEST WESTERN VICTORIAN INN (g) CONSIDERATION FOR APPROVAL OF OUT OF STATE TRAVEL FOR CHRIS DOBRATZ TO ATTEND TRAINING IN STERLING, VIRGINIA FROM NOVEMBER 11-14,2003 Item 5(c)1 was pulled for separate action. 2 CITY COUNCIL MINUTES - SEPTEMBER 23, 2003 Motion by Peterson, second by Hoversten, to approve consent agenda with the exception of Item 5( c) 1. Motion carried unanimously. Item 5(c)1 was referred back to Planning Commission for further clarification as requested by Tom Daggett, applicant. Motion by Arndt, second by Peterson to refer Item 5(c)1 back to Planning Commission. Motion carried unanimously. 6. PUBLIC HEARINGS - NONE 7. COMMUNICATIONS. REQUESTS AND PETITIONS 8. UNFINISHED BUSINESS (a) CONSIDERATION OF IMPOSING SERVICE CHARGES FOR SPECIAL SERVICE DISTRICT NO.1 Marc Sebora, City Attorney, reminded the Council that a meeting had been held with the property owners last week. Mr. Sebora reminded the property owners that in order to object to this district, if adopted, they need to provide a written objection obtaining 35% of the property owners' signatures. This resolution would need to be adopted prior to receiving any sort of written obj ection. Mr. Sebora also informed the Council that ifthey would not take action tonight, the Council would have up to six months to impose this tax. After the six months time has elapsed, the issue is moot. Mayor Torgerson asked of Marc Sebora the legal requirements of accepting the petition. Mr. Sebora explained that, if the resolution is adopted, the City needs to mail notice out to the property owners within five days of the passage. The property owners then have 45 days to submit a petition objecting to the service tax. Bill Arndt questioned whether or not the district would still be in operation if this resolution is not adopted. Mr. Sebora explained that the district would exist on paper, however it would not be operable due to lack of funding. Kay Peterson asked if the special service district could be supported by a group of volunteers or another entity. Mr. Sebora stated that it would not be proper for another entity to operate this district when it has been established under specific guidelines. Marlin Torgerson explained to the group that the Council will follow all legal steps that are required by state statute in the formulation of this district. Motion by Arndt, second by Peterson, to deny imposing service charges for Special Service District No.1, but to create a committee of some sort to handle some of the issues raised throughout this process. Marlin Torgerson stated that he did not like to see the downtown so divided on issues such as these. Bill Arndt thanked everyone that participated in this project, and he hopes that the hard work that has been done thus far can still be used to some degree. Duane Hoversten expressed that he feels that the process should be followed per statute and the people should have the opportunity to vote on whether or not it should remain intact. Jim Haugen also stated that the process should be followed through and the Council should not make the ultimate decision, the people should, just as it was initiated. He would like to see the first effort validated by seeing this through through the proper legal steps. A roll call vote was taken. Haugen - nay; Arndt - aye; Peterson - aye; Hoversten - nay; Torgerson - nay. Motion failed 3-2. Motion by Hoversten, second by Haugen, to move forward with this district and impose the $.19 service charge. Roll call vote was taken. Haugen - aye; Arndt - nay; Peterson - aye; Hoversten - aye; Torgerson - aye. Kay Peterson noted that she had misunderstood Hoversten's motion and that although she voted aye, she intended to vote nay. However, the vote does not change. The district now has 45 days to submit a petition to reject the service charge. 9. NEW BUSINESS 3 CITY COUNCIL MINUTES - SEPTEMBER 23, 2003 (a) CONSIDERATION OF DETERMINING VALIDITY OF OBJECTION TO INCLUSION IN SPECIAL SERVICE DISTRICT NO.1 Marc Sebora, City Attorney, explained that three property owners had submitted written objections to being included in the Special Service District, due to various reasons, which are all permissible by state statute. The properties include the Faith Lutheran Church Hope Center, Dave Skoog property and Madson Peterson properties. The City Council needs to decide whether or not these three property owners should be included in the Special Service District. If the Council decides that they should be included, the property owners have 30 days to appeal the decision to the district court. Duane Hoversten commented that he felt the property values would increase as a whole due to being in this district. Kay Peterson asked if a property's use would change, would that change whether or not they could be included in the Special Service District. Julie Wischnack stated that these three properties were included due to the County Assessor's commercial properties records. Marc Sebora stated that the Board governing this district will determine square footage changes. Staff used the County's category system. Motion by Arndt, second by Haugen, to leave all three properties included in the Special Service District. Peterson - nay; All others voted - aye. Motion carried unanimously. (b) CONSIDERATION OF A VARIANCE AND CONDITIONAL USE PERMIT REQUESTED BY ART BENJAMIN FOR CONSTRUCTION OF GARAGE ADDITION LOCATED AT 108 GROVE STREET SW WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (ADOPT RESOLUTION NO. 12262) Motion by Peterson, second by Arndt, to approve variance and conditional use permit for Art Benjamin to construct a garage addition located at 108 Grove Street. Motion carried unanimously. (c) CONSIDERATION FOR APPROVAL OF PARTIAL REIMBURSEMENT OF DUES IN FITNESS PROGRAM FOR HUTCHINSON POLICE OFFICERS Lt. Dave Erlandson, Interim Police Chief, presented before the Council. Lt. Erlandson explained that all officers are mandated to take a fitness test twice a year and need to achieve a minimum score. Duane Hoversten questioned whether or not this money could be better spent on officers. Mayor Torgerson requested a quarterly memo reporting on the program. Motion by Peterson, second by Haugen, to approve partial reimbursement of$l 00 for dues for fitness program for Hutchinson police officers. Motion carried unanimously. (d) CONSIDERATION FOR APPROVAL OF SETTING LOCATION OF TRAFFIC CONTROL DEVICES John Rodeberg stated that these items were removed from an earlier resolution to resolve some issues. These no parking areas were re-evaluated to determine how much parking would be needed in these areas. The no parking designations on South Grade Road SW from Otter Lake to School Road are mainly per the request of the County Engineer. Bill Arndt asked whether or not the stretch on South Grade Road near Lakewood Drive can be a no passing zone and add more parking on South Grade Road. Mr. Rodeberg will speak with the County Engineer regarding this issue. The other area is on Fifth Avenue South and the recommendation is to have no parking during the winter season. Motion by Peterson, second by Hoversten, to set location oftraffic control devices at. Motion carried unanimously. (e) CONSIDERATION FOR APPROVAL OF CONTRACT WITH AMERICAN SOCIETY OF CIVIL ENGINEERS FOR PEER REVIEW OF ENGINEERING/PUBLIC WORKS DEP AR TMENT John Rodeberg informed the Council that this project is being expanded from the east coast. Due to 4 CITY COUNCIL MINUTES - SEPTEMBER 23, 2003 current staffing issues, staff feels that this would be a beneficial endeavor. Duane Hoversten asked if this program could be expanded to include public works. John Rodeberg stated that Public Works will be included. Motion by Hoversten, second by Haugen, to approve contract with American Society of Civil Engineers for peer review of engmeering/public works department. Motion carried unanimously. (f) CONSIDERATION FOR APPROVAL OF FINAL APPLICATION FOR U.S. ARMY CORPS OF ENGINEERS AQUATIC RESTORATION PROGRAM (DAM RECONSTRUCTION) John Rodeberg stated that this application is ready to be submitted for the project, which will cost a total of approximately $1.3 milhon. The Corps. Of Engineers will decide whether or not the project will proceed due to the amount of funding they will have available. Bill Arndt also stated that the group working on the south fork should be copied as well on the application as they may have some fundmg available. John Rodeberg stated that the project would take approximately 2 1;2 months. Motion by Peterson, second by Arndt, to approve final application for U.S. Army Corps of Engineers Aquatic Restoration Program. Motion carried unanimously. (g) CONSIDERATION FOR APPROVAL OF SETTING INFORMATIONAL MEETING FOR OCTOBER 14,2003, AT 4:00 P.M. TO DISCUSS 2004 BUDGET Motion by Peterson, second by Haugen, to set informational meeting for October 14,2003, at 4:00 p.m. to discuss 2004 budget. Motion carried unanimously. (f) CONSIDERATIONFORAPPROV AL OF RESETTING NOVEMBER 11,2003, CITY COUNCIL MEETING DUE TO VETERANS DAY HOLIDAY Motion by Haugen, second by Peterson, to reset November 11, 2003, City Council meeting to November 12,2003, at 5:30 p.m. Motion carried unanimously. 10. MISCELLANEOUS (a) COMMUNICATIONS Kay Peterson - Ms. Peterson thanked everyone involved with the Special Service District. Gary Plotz - Mr. Plotz informed the Council and the public that the water billing system will be changing. The City currently bills on a bimonthly basis, billing one section of the City at one time, and the second section being billed at a different time. Now, to coincide with the Utilities meter readings, all meters will be read at one time and billing will occur once a month. Rate payers will have 15 days to pay their bill before a late charge is incurred. Mr. Plotz updated the Council that 3-4 semi loads of waste material are being hauled out of Minneapolis and will soon be up to 25 loads per day. So far everything is going smoothly. Mr. Plotz updated the Council on the Wright County transfer facility. Mr. Plotz also informed the Council that city employees are being shared to work through various processes. Two bagging shifts are currently being run at the compost site and will continue until the end of November. Mr. Plotz also stated that the City is looking for more haulers. John Rodeberg - Mr. Rodeberg reminded the Council of the facility meeting at HATS 2:00 p.m. on September 24, 2004. Jim Haugen and Kay Peterson will be attending. Mr. Rodeberg stated that the current improvement project on 2nd Avenue/Dale Street is coming along and he thanked all of the residents as they have been so cooperative. The Wendy's project is moving along very well and should be opening in mid-October. The Edmonton Avenue proj ect is moving along very well and curb and gutter may be placed this fall 5 CITY COUNCIL MINUTES - SEPTEMBER 23, 2003 if the weather holds. Discussion was held on the Ravenwood project. Mayor Torgerson stated that the Fire Department received a grant from FEMA to replace their breathing apparatus equipment. Gary Forcier spearheaded this project. Mayor Torgerson also stated that he had spent a day speaking to several farmers along the pipeline route and observed part of the construction of the pipelme. There is 25 miles left to complete and they believe that it may be able to be done by the end of the year. Julie Wischnack stated that the Downtown Master Plan was awarded the Best Plan and Julie will be accepting that award on Thursday of this week. Ms. Wi schnack also stated that a new appraisal can be obtained for the liquor store and asked for the direction the Council would like to take. Duane Hoversten asked that this topic be brought up after the Special Service District is complete. 11. CLAIMS. APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS A Motion by Peterson, second by Haugen to approve and authorize payment of V erified Claims A from appropriate funds. 12. ADJOURN With no further business to discuss, the meeting adjourned at 7:00 p.m. 6