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02-28-2006 CCM MINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, FEBRUARY 28, 2006 1. CALL TO ORDER - 5:30 P.M. Mayor Steve Cook called the meeting to order. Members present were Bill Arndt, Kay Peterson, Jim Haugen and Casey Stotts. Others present were Ken Merrill, Finance Director, John Rodeberg, Public Works Director and Marc Sebora, City Attorney. 2. INVOCATION - Rev. Karl Kruse, Christ the King Lutheran Church, delivered the invocation. 3. PLEDGE OF ALLEGIANCE 4. MINUTES (a) REGULAR MEETING OF FEBRUARY 14,2006 Motion by Haugen, second by Arndt, to approve the minutes as presented. Motion carried unanimously. 5. CONSENT AGENDA (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. HUTCHINSON AREA HEALTH CARE BOARD MINUTES FROM JANUARY 17,2006 2. PLANNING COMMISSION MINUTES OF JANUARY 17,2006 3. PIONEERLAND LIBRARY BOARD MINUTES FROM NOVEMBER 17,2005 4. BUILDING DEPARTMENT MONTHLY REPORT FOR JANUARY 2006 5. HUTCHINSON HOUSING & REDEVELOPMENT AUTHORITY BOARD MINUTES FROM JANUARY 17,2006 6. CITY OF HUTCHINSON GENERAL FUND FINANCIAL REPORT FOR JANUARY 2006 7. CITY OF HUTCHINSON INVESTMENT REPORT FOR JANUARY 2006 8. HUTCHINSON UTILITIES COMMISSION FINANCIAL REPORT FOR JANUARY 2006 9. HUTCHINSON AREA HEALTH CARE FINANCIAL REPORT FOR JANUARY 2006 (b) RESOLUTIONS AND ORDINANCES 1. RESOLUTION NO. 12913 - RESOLUTION TO SELL SURPLUS PROPERTY 2. RESOLUTION NO. 12916 - RESOLUTION FOR PURCHASE (SKIDSTEER LOADER) 3. ORDINANCE NO. 05-0424 - CONSIDERATION OF AMENDMENT TO THE ORDINANCE REGARDING LOT COVERAGE IN THE Rl, R2 AND R3 DISTRICTS - SINGLE AND TWO FAMILY WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (SECOND READING AND ADOPTION) ( c) PLANNING COMMISSION ITEMS 1. CONSIDERATION OF CONDITIONAL USE PERMIT AND REZONING OF TWO LOTS FROM C4 CITY COUNCIL MINUTES - FEBRUARY 28, 2006 TO R2 FOR THE PURPOSE OF CONSTRUCTING A 48-UNIT ADDITION ONTO THE CEDAR CREST ESTATES ASSISTED LIVING FACILITY LOCATED AT 225 SHADY RIDGE ROAD WITH FAVORABLE RECOMMENDATION AND CONDITIONAL USE PERMIT FOR MODIFYING THE HIGHWAY 7 ACCESS WITH UNFAVORABLE RECOMMENDATION (ADOPT RESOLUTION NO. 12914 AND WAIVE FIRST READING AND SET SECOND READING AND ADOPTION OF ORDINANCE NO. 06-0429 FOR MARCH 14,2006) 2. CONSIDERATION OF A REQUEST TO VACATE DRAINAGE AND UTILITY EASEMENTS ALONG THE PROPERTY LINE LOCATED BETWEEN 1408 AND 1412 HERITAGE A VENUENW FOR THE PURPOSE OF COMBINING THE TWO LOTS INTO ONE LARGE LOT FOR THE CONSTRUCTION OF A SINGLE-FAMILY HOME WITH FAVORABLE RECOMMENDATION (WAIVE FIRST READING AND SET SECOND READING AND ADOPTION OF ORDINANCE NO. 06-0430 FOR MARCH 14,2006) 3. CONSIDERATION OF A VARIANCE WITH UNFAVORABLE RECOMMENDATION AND CONDITIONAL USE PERMIT WITH FAVORABLE RECOMMENDATION TO ALLOW CONSTRUCTION OF A 190-FOOT MONOPOLE COMMUNICATIONS TOWER ON PROPERTY LOCATED AT 412 3RD A VENUENW (NEW DIMENSION PLATING) (ADOPT RESOLUTION NO. 12915) (d) APPOINTMENT OF BILL ARNDT TO JOINT PLANNING BOARD FOR 2006 (e) APPOINTMENT OF RANDY BULLERT TO SENIOR ADVISORY BOARD TO JANUARY 2009 (t) CONSIDERATION FOR APPROV AL OF SETTING BOARD OF EQUALIZATION FOR MAY 4,2006, AT 4:30 P.M. (g) CONSIDERATION FOR APPROVAL OF CONSUMPTION & DISPLAY PERMIT RENEWAL FOR LITTLE CROW BOWLING LANES (h) CONSIDERATION FOR APPROVAL OF TEMPORARY LIQUOR LICENSE FOR MCLEOD COUNTY VOITURE 414 ON APRIL 1,2006, AT AMERICAN LEGION (i) CONSIDERATION FOR APPROVAL OF TEMPORARY LIQUOR LICENSE FOR AMERICAN LEGION POST 96 ON APRIL 8, 2006, AT MCLEOD COUNTY FAIRGROUNDS (j) CONSIDERATION FOR APPROV AL OF PARADE PERMITS FOR AMERICAN LEGION POST 96 ON MAY 21,2006, AND MAY 29,2006 (k) CONSIDERATION OF IMPROVEMENT PROJECT CHANGE ORDER NO.1 - LETTING NO. 11, PROJECT NO. 05-13 (WATER TREATMENT PLANT BIOLOGICAL TREATMENT - VESSEL MATERIAL REDUCTION) (1) CONSIDERATION OF CONSULTING CONTRACT WITH BOLTON & MENK, INe. FOR CONSTRUCTION STAKING SERVICES ON HIGHWAY 7 (m)CONSIDERATION OF CONSULTING CONTRACT WITH BRAUN INTERTEC FOR CONSTRUCTION TESTING SERVICES FOR 2006 IMPROVEMENTS Items 5( c )3, 5(t), and 5(k) were pulled for separate action. Motion by Arndt, second by Stotts, to approve consent agenda with the exception of the items listed above. Motion carried unanimously. Item 5(t) had further discussion. Mayor Cook clarified that the Board of Equalization meeting will be held in the Council Chambers. Motion by Stotts, second by Arndt, to approve Item 5(t). Motion carried unanimously. 2 CITY COUNCIL MINUTES - FEBRUARY 28, 2006 Item 5( c)3 had further discussion. Council Member Arndt noted that another individual had put up a similar tower with the same setbacks, however located in the joint planning area. Julie Wischnack, Director of Planning/Zoning/Building, explained that in the other application the property adjoins agricultural property and this application adjoins industrial property. Because ofthis, the setback requirements are not the same. Motion by Haugen, second by Stotts, to approve Item 5(c)3. Motion carried unanimously. Item 5(k) had further discussion. John Rodeberg explained that this item was discussed at a meeting in November, however no formal action was taken to approve it. Motion by Stotts, second by Haugen, to approve Item 5(k). Motion carried unanimously. 6. PUBLIC HEARINGS - 6:00 P.M. (a) CONSIDERATION FOR APPROVAL OF FRANCHISE AGREEMENT WITH HUTCHINSON CHAMBER OF COMMERCE FOR THE PURPOSE OF PERMITTING BANNERS ON CITY-OWNED STREETLIGHT POLES ALONG MAIN STREET/HWY 15 FROM FIRST AVENUE NE TO CENTURY AVENUE AND A ONE BLOCK PORTION OF WASHINGTON AVENUE WEST (WAIVE FIRST READING AND SET SECOND READING AND ADOPTION OF ORDINANCE NO. 06-0428 FOR MARCH 14, 2006) Julie Wischnack, Director of Planning/Zoning/Building, presented before the Council. Ms. Wischnack explained that this project requires a franchise agreement because the proposal is to use public property. The City will place banners on street light poles for a fee compensated by the Chamber of Commerce. The total franchise agreement is for six years. The exhibit attached to the ordinance needs to be revised to more accurately portray where the banners will be placed. Marc Vaillancourt, President of the Chamber of Commerce, informed the Council that the banners will be a three-series type with them changing three times a year. The banners will be purchased by private parties. June Wick, 535 Main Street, presented before the Council. Ms. Wick has concerns about the type of banners and hopes that advertising will not be part of the banners. John Rodeberg clarified that the tops of the banners will all look the same and the bottom portion will indicate the purchaser. Motion by Arndt, second by Stotts, to close public hearing. Motion carried unanimously. Marc Sebora noted that the Council should be thinking about the amount of the franchise fee they would like imposed. Motion by Stotts, second by Arndt, to waive first reading and set second reading and adoption of Ordinance No. 06-0428 for March 14,2006. Motion carried unanimously. 7. COMMUNICATIONS. REQUESTS AND PETITIONS 8. UNFINISHED BUSINESS (a) CONSIDERATION FOR APPROVAL OF REPORT ON WASTEWATER TREATMENT FACILITY ADMINISTRATION BUILDING NEEDS John Rodeberg, Public Works Director, presented before the Council. Mr. Rodeberg explained that a small group, includmg two council members, met with the architect and toured the facility. The architect explained the space needs and proposed design. To lower the cost, Mayor Cook questioned the addition of the extra garage and suggested expanding to the south as opposed to the east so the parking lot does not need to be reconstructed. Mr. Rodeberg explained that these suggestions can definitely be proposed to the architect. Motion by Stotts, second by Peterson, to approve report on Wastewater Treatment Facility Administration 3 CITY COUNCIL MINUTES - FEBRUARY 28, 2006 building needs. Motion carried unanimously. (b) PRESENTATION BY MILES SEPPELT, EDA DIRECTOR, ON 2005 HUTCHINSON ECONOMIC DEVELOPMENT AUTHORITY ANNUAL REPORT Miles Seppelt, EDA Director, presented before the Council. Mr. Seppelt explained that the Hutchinson EDA exists for the purpose of business retention and expansion, downtown redevelopment, industrial park development, marketing and the Hutchinson Downtown Association. 14 business and retention visits were made in 2005. Downtown redevelopment projects included the Hutchinson Hotel, Historic State Theater, Liquor Hutch, downtown streetscape, and Cornerstone Commons. Mr. Seppelt also explained the EDA's loan and grant programs. Industrial Park development programs include property management of over 100 acres, assisting with two business start-ups and expansions, obtained JOBZ and making general park improvements. Marketing tools include an EDA web site and Community Venture Network. Mr. Seppelt also covered the internship program and the 2006 goals of the EDA. Mr. Seppelt noted that the investment of the Downtown Revitalization Plan has paid for itself many times over. Mayor Cook recommended recruiting bioscience and alternative energy businesses. ( c) CONTINUED DISCUSSION OF 2007 BUDGET PARAMETER CONSIDERATIONS - OVERALL DOLLAR AMOUNT OR PERCENT INCREASE IN LEVY DOLLARS - NEW GROWTH DOLLARS - LGA HOLDBACK - TAX RATE Mayor Cook distributed primary objectives that he would like to propose. They include: - 3 % maximum general fund levy increase - 4.5% maximum general fund budget increase - determine the projected LGA allocation for 2008 (if decrease, reduce use ofLGA in 2007 by half that amount and set that aside in the rainy day account; if no decrease proj ected, any remainder after reaching the general fund 4.5% increase limit will be used to lower the tax rate by 3%. Any additional remainder will go to the rainy day fund). - keep the following programs in the budget: Water Carnival funding, SWMF donation, Music in the Park, Arts & Crafts festival and mosquito control. Mayor Cook also suggested ten other miscellaneous items to consider for budget parameters. Motion by Stotts, second by Haugen to discuss this topic at the March 14, 2006, City Council workshop at 3:30 p.m. Motion carried unanimously. 9. NEW BUSINESS (a) CONSIDERATION OF ORDINANCE NO. 06-0431 - AN ORDINANCE ESTABLISHING A PUBLIC ARTS COMMISSION (WAIVE FIRST READING AND SET SECOND READING AND ADOPTION FOR MARCH 14, 2006) Marc Sebora, City Attorney, presented before the Council. Mr. Sebora explained that some weeks ago a presentation was given by the Public Arts Initiative regarding the need for regulating the processing of public art. Out of that presentation, the Initiative recommended establishing a Public Arts Commission, of which the Council favored. Mr. Sebora explained that the proposed ordinance establishing the Commission will require a board of five members and one City Council member, as well as three ex-officio members. The ordinance also describes the Commission's purpose and duties, which will be advisory to the City Council. Motion by Peterson, second by Stotts, to approve waiving first reading and setting second reading and adoption of Ordinance No. 06-0431 for March 14,2006. Motion carried unanimously. Mayor Cook noted that board members for the Public Arts Commission will be appointed at the next City 4 CITY COUNCIL MINUTES - FEBRUARY 28, 2006 Council meeting. Those interested in serving should contact the City Center. (b) CONSIDERATION FOR APPROVAL OF CONTRACT WITH PROFESSIONAL MOSQUITO CONTROL FOR 2006 MOSQUITO CONTROL SERVICES John Rodeberg, Public Works Director, presented before the Council. Mr. Rodeberg explained that $63,000 was included in the budget for mosquito control. The proposed contracts being considered tonight include spraying, larvae control, and barrier control, and add up to $39,600. Savings to the original budget are due to the timing ofthe spraying and a reduction in the scope. Based on discussions with Professional Mosquito Control, we will be proposmg to restructure the budget to include the purchase of equipment and materials for barrier/event applications by City personnel and additional testing. Motion by Peterson, second by Stotts, to approve contract with Professional Mosquito Control for 2006 mosquito control services. John Rodeberg explained that the contractor is able to identify those properties that wish to have no mosquito control on their property. Additionally, the application would be conducted in the evenings. This is a one-year contract to review the effectiveness of the applications. Ed Doring, 1282 Rolling Oaks Lane, presented before the Council. Mr. Doring asked how often the applications would occur. John Rodeberg explained the contract is for weekly application when mosquitos are present. John Olson explained that the spray will break down in a matter of a few hours. Mr. Doring asked about public safety. John Olson stated that the contractor has informed him that the spray is not harmful to humans nor to vegetation. Roll call vote was taken. Haugen - aye; Arndt - nay; Peterson - aye; Stotts - aye; Cook - aye. Motion carried 4 to 1. 10. MISCELLANEOUS (a) COMMUNICATIONS Marc Sebora - Mr. Sebora wished Julie Wischnack best ofluck in her new job. Ms. Wischnack has been with the City for seven years. Mr. Sebora also spoke about the requirements to impose a local sales tax. One of the requirements is the approval of a resolution by the City Council. If any new bills should wished to be introduced at this year's session, they need to be submitted to the City's legislators by early-mid March. Council Member Stotts feels that this issue would need to be introduced at the next session. Additionally, Mr. Sebora stated that final passage of a local sales tax must be approved by the voters at a general election. Bill Arndt - Council Member Arndt also wished best ofluck to Julie Wischnack. Mr. Arndt also stated that a committee meeting was held regarding the Luce Line Trail. This meeting was very favorable and groups are working well together. The group is asking for $1.7 million to blacktop the trail from Hutchinson to Winsted. Gary Plotz - Mr. Plotz noted that with Julie Wischnack leaving next week, his thoughts are to advertise to fill the Planning Director position. One suggestion he has received is to move some building inspection functions to the fire department. Additionally, he has requested that the Human Resources Director conduct a survey of other communities to see how their organizational structure is lined out. John Rodeberg - Mr. Rodeberg explained that Holophane Lighting is offering to donate four aluminum poles as a means to amend the miscommunication and late arrival of the poles on the downtown streetscape proj ect. Staff is still attempting to negotiate with Holophane Lighting to include installation of the poles. A firm proposal will be presented to the Council at a future meeting. Julie Wischnack expressed her appreciation to the City Council for their support over the last seven years. Ms. Wischnack also reminded the Council that a meeting is being held at the Hutch Hotel to discuss downtown from 7:30 a.m. - 9:00 a.m. on March 2,2006. Also, a bus tour will be held with the Planning Commission the end of March. 5 CITY COUNCIL MINUTES - FEBRUARY 28, 2006 Steve Cook - Mayor Cook noted that he received a notice from SheriffVinkmeier that he will be retiring January 2007. Mayor Cook stated that he would like to hold a joint meeting with the City Council, School Board and County Commissioners to talk about issues each are facing, discuss any services being duplicated and possible partnerships. Motion by Arndt, second by Peterson, to authorize the City Administrator to set up a j oint meeting with the school board and county commissioners. Motion carried unanimously. John Rodeberg noted that a steering committee has been established for the Hwy 15 Coalition. An application for funding is moving forward in conjunction with Mn/DOT for the area from Hutchinson to St. Cloud. General discussion was held regarding roundabouts on Hwy 7. An open house will be held on April 4, 2006, on this topic. 11. CLAIMS. APPROPRIATIONS AND CONTRACT PAYMENTS Motion by Arndt, second by Stotts, to approve claims, appropriations and contract payments. Motion carried unanimously. 12. ADJOURN With no further business to discuss, motion made by Haugen, seconded by Stotts, to adjourn at 7:20 p.m. Motion carried unanimously. 6