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01-23-2007 CCMMINUTES REGULAR MEETING – HUTCHINSON CITY COUNCIL TUESDAY, JANUARY 23, 2007 CALL TO ORDER – 5:30 P.M. 1. Mayor Steve Cook called the meeting to order. Members present were Jim Haugen, Casey Stotts, Kay Peterson and Bill Arndt. Others present were Gary Plotz, City Administrator, Kent Exner, City Engineer and Marc Sebora, City Attorney. INVOCATION 2. – Rev. Randy Freund, Faith Lutheran Church, delivered the invocation. PLEDGE OF ALLEGIANCE 3. PUBLIC COMMENTS 4. MINUTES 5. (a)REGULARMEETING OF JANUARY 9, 2007 Motion by Haugen, second by Stotts, to approve the minutes as presented. Motion carried unanimously. CONSENT AGENDA 6. (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1.CITY OF HUTCHINSON FINANCIAL REPORT FOR DECEMBER 2006 2.CITY OF HUTCHINSON INVESTMENT REPORT FOR DECEMBER 2006 3.HUTCHINSON HOUSING & REDEVELOPMENT AUTHORITY BOARD MINUTES OF DECEMBER 19, 2006 4.PLANNING COMMISSION MINUTES OF DECEMBER 19, 2006 5.HUTCHINSON UTILITIES COMMISSION FINANCIAL REPORT FOR NOVEMBER 2006 (b)RESOLUTIONS AND ORDINANCES 1. RESOLUTION NO. 13130 – RESOLUTION ESTABLISHING LOCATION FOR TRAFFIC CONTROL DEVICES 2. ORDINANCE NO. 07-0456 – AN ORDINANCE ADOPTING CITY OF HUTCHINSON 2007 FEE SCHEDULE (c) PLANNING COMMISSION ITEMS 1. CONSIDERATION OF CONDITIONAL USE PERMIT TO CONSTRUCT A CHURCH IN THE R1 DISTRICT LOCATED AT 1000 NORTH HIGH DRIVE NW SUBMITTED BY JEHOVAH’S WITNESS KINGDOM HALL WITH STAFF RECOMMENDATION AND FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION NO. 13121) 2. CONSIDERATION OF LOT SPLIT AND VACATION OF EASEMENTS LOCATED IN FRASER’S SUBDIVISION WITH STAFF RECOMMENDATION AND FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION NOS. 13122 & 13123 AND WAIVE FIRST READING AND SET SECOND READING AND ADOPTION OF ORDINANCE NO. 07-0454 FOR FEBRUARY 13, 2007) 3. CONSIDERATION OF CONDITIONAL USE PERMIT TO AMEND THE PLANNED DEVELOPMENT DISTRICT IN SOUTHFORK RIDGE THIRD ADDITION AND VACATION OF EASEMENTS FOR CONSTRUCTION OF ATTACHED TOWNHOMES LOCATED IN SOUTHFORK RIDGE THIRD ADDITION WITH STAFF RECOMMENDATION AND FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION NOS. 13124 & 13125 AND WAIVE FIRST READING AND SET SECOND READING AND ADOPTION CITY COUNCIL MINUTES – JANUARY 23, 2007 OF ORDINANCE NO. 07-0455 FOR FEBRUARY 13, 2007) (d) CONSIDERATION FOR APPROVAL OF MASSAGE LICENSE FOR LORETTA CLAYBURN, DBA MASSAGE BY THE WOODS (e) CONSIDERATION FOR APPROVAL OF IMPROVEMENT PROJECT CHANGE ORDER NO. 5 – LETTING NO. 2, PROJECT NO. 06-02 (WATER TREATMENT PLANT) (f) CONSIDERATION FOR APPROVAL OF AWARDING AIRPORT AGRICULTURAL LAND LEASE (g) CONSIDERATION FOR APPROVAL OF EXCEPTIONS/MODIFICATIONS UNDER SECTION 20-A OF CEMETERY RULES AND REGULATIONS (h) CONSIDERATION OF BOARD APPOINTMENTS AND REAPOINTMENTS DIANE GORDON TO THE EDA BOARD TO DECEMBER 2012 HERMAN HANNEMAN TO THE PIONEERLAND LIBRARY BOARD TO DECEMBER 2011 ROBERT COGLEY AND CLIFF SWENSON TO THE SENIOR ADVISORY BOARD TO JANUARY 2010 CHRISTIE ROCK TO THE PLANNING COMMISSION TO MARCH 2012 (i)2007 LICENSE RENEWALS 1. MASSAGE LICENSES 2. HAULING LICENSES 3. TOBACCO LICENSES Items 6(a)1, 6(c)1, 6(c)2, 6(c)3 and 6(h) were pulled for separate action. Motion by Stotts, second by Peterson, to approve consent agenda with the exception of the items noted above. Motion carried unanimously. Item 6(a)1 had further discussion. Council Member Arndt inquired about the deficit for the month under the Mayor & City Council line item. It was noted that part of the number includes the Budgeting for Outcomes project and reallocation of some funds. Motion by Arndt, second by Haugen, to approve Item 6(a)1. Motion carried unanimously. th Item 6(c)1 had further discussion. Butch Hausladen, 1125 12 Avenue, presented before the Council. Mr. Hausladen noted that he has concerns about a church being built next to his residence. He noted that he built his house within the last few years and had no intentions of living next to a church. Mr. Hausladen feels that having a church next to him could decrease his property value. Mr. Hausladen acknowledged that there is nothing in the city code that does not allow churches in residential areas. Rebecca Bowers, Planning Director, noted that city ordinance requires that churches in residential areas obtain a conditional use permit. The plan that the church submitted includes a buffer and landscaping. Tom Fournier, representative of Kingdom Hall, presented before the Council. He explained that the structure of the building will conform with the residential area. He also noted that the Hall does not hold other activities or events at the facility and is generally a quiet gathering place. Motion by Peterson, second by Stotts, to approve Item 6(c)1. Motion carried unanimously. Item 6(c)2 had further discussion. Council Member Arndt asked about trees being included on the lot. Ms. Bowers explained that at the time of the preliminary plat, no tree escrow account was required. Because of this no additional trees are required now. It was clarified that other subdivisions have tree requirements within the agreements and this is only a two-lot plat. From this point forward, tree requirements will be part of all plats. It was also noted that the width of the driveways should be kept in mind with the building plans. Motion by Arndt, second by Haugen, to approve Item 6(c)2. Motion carried unanimously. Item 6(c)3 had further discussion. Mayor Cook asked about the concerns regarding drainage and the lot 2 CITY COUNCIL MINUTES – JANUARY 23, 2007 reduction on the sideyard. Ms. Bowers explained that this planned development district was approved with eight-foot sideyard setbacks and the applicant would like it reduced to six feet. Although staff had some concerns, the Planning Commission was comfortable with the six-foot sideyard setback. Mayor Cook also inquired about the tree requirements. Ms. Bowers explained that the calculation of trees remains the same as when originally platted. Motion by Haugen, second by Arndt, to approve Item 6(c)3. Motion carried unanimously. Item 6(h) had further discussion. Mayor Cook expressed that he feels the prior experience that Christie Rock could bring to the Commission would be very valuable. Motion by Stotts, second by Haugen, with Peterson abstaining, to approve Item 6(h). Motion carried unanimously. Item 6(f) had further discussion. John Olson clarified that this lease is for a piece of land integrated with another field. PUBLIC HEARINGS – 6:00 P.M. 7. (a) FRANKLIN-GROVE NEIGHBORHOOD REHABILITATION PROJECT – CONSIDERATION FOR APPROVAL OF 2007 HOUSING COMMUNITY DEVELOPMENT PLAN AND ANNOUNCEMENT OF $1,500,000 IN CASA AWARD FROM MHFA Jean Ward, HRA Executive Director, presented before the Council. Ms. Ward reviewed the Franklin Grove Expanded Rehab Area application that will be submitted to the Small Cities Development Program. Ms. Ward explained that the expanded area includes 20 additional homes in the neighborhood. The grant application will be in the amount of $334,200, with the average home rehabilitation cost being $24,000. Ms. Ward explained the loan terms, reviewed the overall goals and objectives of the program and covered the eligibility requirements. Ms. Ward also requested that $20,000 be committed from the City to be placed into the program. Motion by Stotts, second by Arndt, to close public hearing. Motion carried unanimously. Motion by Stotts, second by Peterson, to approve Resolution No. 13129 and committing $20,000 to the program. Motion carried unanimously. Ms. Ward then presented the 2007 housing plan. Overall there is a vacancy rate of 4.79% which appears to be in line with the projections according to the Maxfield Study completed in 2004. In addition, the vacant lot availability seems to be stable. The goals of 2007 include housing preservation, implementing the $1.5 million received in CASA funding, and supporting home ownership in Hutchinson. Motion by Cook, second by Stotts, to approve the 2007 housing community development plan. Motion carried unanimously. COMMUNICATIONS, REQUESTS AND PETITIONS 8. UNFINISHED BUSINESS 9. NEW BUSINESS 10. (a) CONSIDERATION FOR APPROVAL OF SETTING RECOGNITION EVENT IN HONOR OF GARY PLOTZ’S, CITY ADMINISTRATOR, 30 YEARS OF SERVICE TO THE CITY OF HUTCHINSON Motion by Stotts, second by Cook, to approve setting recognition event for Gary Plotz, City Administrator, for February 27, 2007, at 4:00 p.m. at the City Center. Motion carried unanimously. (b) CONSIDERATION FOR APPROVAL OF SETTING JOINT MEETING WITH EDA BOARD Miles Seppelt, EDA Director, presented before the Council. Mr. Seppelt stated it was suggested that the EDA Board and the City Council meet jointly to present their 2006 annual report and to review the 2007 goals of the EDA. 3 CITY COUNCIL MINUTES – JANUARY 23, 2007 Motion by Peterson, second by Arndt, to approve setting joint meeting with EDA Board for February 7, 2007, at 12noon at the City Center. Motion carried unanimously. (c) CONSIDERATION FOR APPROVAL OF ADOPTING 2007 CENTRAL GARAGE BUDGET Ken Merrill, Finance Director, presented before the Council. Mr. Merrill stated that this is an internal service fund that is collected via rental fees. The total budget requested is $891,137. Motion by Peterson, second by Stotts, to approve adopting 2007 central garage budget. Motion carried unanimously. (d) DISCUSSION OF NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) MS4 PERMIT STATUS Kent Exner, City Engineer, and John Paulsen, Environmental Specialist, presented before the Council. Mr. Exner explained that a permit application for the National Pollutant Discharge Elimination System must be submitted to the MPCA by February 15, 2007. Mr. Paulson reviewed the National Pollution Discharge Elimination System, including the key elements and how the City has prepared for the program. Mr. Paulson reviewed the six program elements which include public education & outreach, public participation/involvement, illicit discharge detection & elimination, construction site runoff control, post- construction runoff control and pollution prevention/good housekeeping. In addition the City is utilizing the SEH portal system with is a storm water permit tracking system. General discussion was held regarding current standards and expectations. (e) CONSIDERATION FOR APPROVAL OF ACQUISITION OF CENTRAL GARAGE VEHICLES/EQUIPMENT John Olson, Public Works Superintendent, presented before the Council. Mr. Olson requested that three pieces of equipment be replaced. They include a tractor/mower and two pickup trucks for the parks department. Council Member Arndt asked why the pickup trucks are not purchased from a local dealership, as Ford stated they will match any price. Mr. Olson explained that the trucks are being purchased through the Minnesota Department of Administration Cooperative Purchasing Venture, which has specific regulations. However, Mr. Olson stated that he is willing to work with local dealers if he can in some way. Motion by Arndt, second by Haugen, to defer this item to the next meeting to allow John Olson to get quotes from local dealers to try and match the prices on the pickup trucks. Motion carried unanimously. (f) DISCUSSION OF MONTANA STREET EXTENSION PROJECT (LETTING NO. 4, PROJECT NO. 06- 01A) Kent Exner, City Engineer, presented before the Council. Mr. Exner reviewed the project details for the Montana Street extension which will run from Third Avenue NW to Les Kouba Parkway. Mr. Exner mentioned that an entrance to New Dimension Plating will be relocated, as well as shifting the pond towards the north. Bids will be advertised in February and the intentions are to award the contract in late March. (g) DISCUSSION OF WASTEWATER TREATMENT FACILITY FUNDING TRIP TO WASHINGTON D.C. Kent Exner noted that Donald Roecker, lobbyist, has recommended that two City Council Members, a staff member and himself take a trip to Washington D.C. to present the WWTF funding package to the senators and representatives. It is recommended that the trip take place Feb. 28 – March 2. The cost will be approximately $500-600 per person and has been budgeted for 2007. Motion by Stotts, second by Haugen, to appoint Mayor Cook, Kent Exner and Don Roecker to attend the Washington D.C. trip. Motion carried unanimously. MISCELLANEOUS 11. (a)COMMUNICATIONS 4 CITY COUNCIL MINUTES – JANUARY 23, 2007 Gary Plotz introduced Tom Thelen of the League of Minnesota Cities. Thelen is an outstate field representative with the League. Mr. Thelen noted that the League of Minnesota Cities is available for a multitude of services to the City and he encouraged the City to remain an active member with the League. Mr. Thelen also commented on some upcoming training sessions being offered by the League. Council Member Arndt – Bill Arndt asked about the cul-de-sac on Fifth Avenue and the possibility of turning it into a one-way street. Kent Exner stated he will discuss it with MnDOT. Gary Plotz – Mr. Plotz noted that the visioning session that was rescheduled to February 6, 2007, will need to be moved to a different location due to a conflict with the Council Chambers. Motion by Peterson, second by Arndt, to move the visioning session to the Ambassador Room on February 6, 2007. Kent Exner – Mr. Exner noted that the County is holding an open house on Tuesday January 30, 2007, from 5:00 – 7:0 p.m. at the Event Center regarding the southwest ring road (County Road 115). Mr. Arndt noted that he will be attending the open house as a private landowner and not as a City Council member. Any comments he make will be in that respect. Kent Exner also noted that staff is looking at phase 2 of the Hwy 7 project and the staging plan is being reviewed. A meeting will be held with the business owners along the corridor to review the staging plan. Mayor Cook – Mayor Cook commented that at the joint HUC/City Council meeting, a suggestion was made to have the HUC take water/wastewater under its organization. Mayor Cook noted that he feels the timing is not right at the moment due to rate adjustments, budgeting for outcomes, current projects, etc. However, it was suggested that billing be considered to be combined. Mayor Cook also noted that he attended a renewable energy seminar that was very beneficial with valuable information. He suggested putting together a working group to study renewable energy that will include City, county, SWIF, a resource team associated with the U of M representatives. th Mayor Cook also spoke about the intersection of Hwy 15 and 5 Avenue and the possibility of a semaphore there. Kent Exner stated he would speak with MnDOT regarding conducting a warrant study. In order to have a signal installed, seven warrants must be met. Council Member Arndt also suggested putting in turning lanes. Discussion was also held regarding the signal light timing at the intersection of Hwy 7 and Bluff Street. Mayor Cook asked Marc Sebora about the liquor license violations that had occurred during the last compliance checks. Mr. Sebora explained that traditionally the Council has not taken any action until following the individual’s criminal court appearance. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS 12. Motion by Arnst, second by Stotts, to approve claims, appropriations, and contract payments. Motion carried unanimously. ADJOURN 13. Motion by Stotts, second by Peterson, to adjourn at 7:45 p.m. Motion carried unanimously. 5