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02-28-2007 CCMMINUTES REGULAR MEETING – HUTCHINSON CITY COUNCIL TUESDAY, FEBRUARY 28, 2007 CALL TO ORDER – 5:30 P.M. 1. Mayor Protem Bill Arndt called the meeting to order. Members present were Jim Haugen and Casey Stotts. Members absent were Mayor Steve Cook and Kay Peterson. Others present were Gary Plotz, City Administrator, Jody Winters, Acting City Attorney. INVOCATION 2. – Rev. Mick Murphy, Oak Heights Covenant Church, delivered the invocation. PLEDGE OF ALLEGIANCE 3. PUBLIC COMMENTS 4. Mayor Protem Arndt congratulated Gary Plotz, City Administrator, on his 30 years of service to the City of Hutchinson. A letter of gratitude written by Mayor Cook was read by Mayor Protem Bill Arndt. Elaine Black commented on Gary Plotz’s years of service to the City of Hutchinson and congratulated Gary on all of his years of dedication. MINUTES 5. (a)REGULARMEETING OF FEBRUARY 13, 2007 Motion by Stotts, second by Haugen, to approve the minutes as presented. Motion carried unanimously. CONSENT AGENDA 6. (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1.PLANNING COMMISSION MINUTES FROM JANUARY 16, 2007 2.CITY OF HUTCHINSON INVESTMENT REPORT FOR JANUARY 2007 3.CITY OF HUTCHINSON FINANCIAL REPORT FOR JANUARY 2007 (b)RESOLUTIONS AND ORDINANCES 1. RESOLUTION NO. 13146 – RESOLUTION FOR PURCHASE (MOSQUITO CONTROL AND CONTOUR MAPS) (c)PLANNING COMMISSION ITEMS 1. CONSIDERATION OF A FIVE-LOT PRELIMINARY PLAT TO BE KNOWN AS EXCELSIOR ADDITION AND A VARIANCE TO REDUCE LOT DEPTH ON TWO LOTS LOCATED EAST OF ROTARY PARK SUBMITTED BY JEFF MUNSELL WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION NO. 13137) 2. CONSIDERATION OF A REQUEST TO REZONE PROPERTY FROM R2 TO C5 LOCATED AT TH 267 4 AVENUE NW FOR CHANGE OF USE FROM CHURCH TO PROFESSIONAL OFFICE BUILDING WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION NO. 13138 AND WAIVE FIRST READING AND SET SECOND READING AND ADOPTION OF ORDINANCE NO. 07-0458 FOR MARCH 13, 2007) 3. CONSIDERATION OF A CONDITIONAL USE PERMIT AND SITE PLAN TO CONSTRUCT A DRIVE-UP BANK FACILITY LOCATED IN THE I/C DISTRICT AT 745 HWY 7 WEST SUBMITTED BY HOME STATE BANK WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION NO. 13139) 4. CONSIDERATION OF A CONDITIONAL USE PERMIT TO ALLOW A USED AUTOMOBILE BUSINESS TEMPORARILY IN THE GATEWAY DISTRICT LOCATED AT 16919 HWY 7 EAST SUBMITTED BY JAMIE EMANS, EMANS AUTO SALES, WITH FAVORABLE PLANNING CITY COUNCIL MINUTES – FEBRUARY 28, 2007 COMMISSION RECOMMENDATION (ADOPT RESOLUTION NO. 13140) 5. CONSIDERATION OF A CONDITIONAL USE PERMIT TO ALLOW A SIGN SHOP TO BE RD LOCATED IN THE C5 DISTRICT LOCATED AT 225 3 AVENUE NW SUBMITTED BY DAVE WEGSCHIED WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION NO. 13141) 6. CONSIDERATION OF A LOT SPLIT AND VARIANCE SUBMITTED BY THE CITY OF HUTCHINSON FOR CONSTRUCTION OF A TUNNEL AND TRAIL LOCATED ON THE HISTORICAL SOCIETY PROPERTY WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION NO. 13142) (d)CONSIDERATION FOR APPROVAL OF TOBACCO LICENSE FOR MAIN STREET SPORTS BAR, INC. (e)CONSIDERATION FOR APPROVAL OF SETTING BOARD OF REVIEW HEARING FOR MAY 2, 2007, AT HUTCHINSON CITY CENTER (f)CONSIDERATION FOR APPROVAL OF SHORT-TERM GAMBLING LICENSE FOR THE 3M CLUB ON APRIL 27, 2007, AT THE 3M CLUB BUILDING (g)CONSIDERATION FOR APPROVAL OF MASSAGE LICENSE FOR MELISSA KUZMA LOCATED AT 572 JUUL ROAD SW (h)CONSIDERATION FOR APPROVAL OF IMPROVEMENT PROJECT CHANGE ORDER NO. 6 – LETTING NO. 2, PROJECT NO. 06-02 (WATER TREATMENT PLANT) (i)CONSIDERATION FOR APPROVAL OF ENGINEERING SERVICES AGREEMENT WITH OTTO ASSOCIATES FOR NORTHEAST TRUNK STORM SEWER PROJECT (j)CONSIDERATION FOR APPROVAL OF PLANS AND SPECIFICATIONS AND ADVERTISING FOR BIDS FOR WASTEWATER TREATMENT FACILITY IMPROVEMENTS – LETTING NO. 4, PROJECT NO. 07-04 (k)CONSIDERATION FOR APPROVAL OF MOSQUITO CONTROL SERVICES AGREEMENT (l)CONSIDERATION FOR APPROVAL OF TEMPORARY LIQUOR LICENSE FOR AMERICAN LEGION POST 96 ON APRIL 14, 2007, AT THE MCLEOD COUNTY FAIRGROUNDS (m)CONSIDERATION FOR APPROVAL OF TEMPORARY LIQUOR LICENSE FOR MCLEOD COUNTY VOITURE 414 40 & 8 FOR MARCH 31, 2007, AT THE MCLEOD COUNTY FAIRGROUNDS Motion by Stotts, second by Haugen, to approve the consent agenda. Motion carried unanimously. PUBLIC HEARINGS – 6:00 P.M. - NONE 7. COMMUNICATIONS, REQUESTS AND PETITIONS 8. (a) PRESENTATION OF INFORMATION TECHNOLOGY 2006 YEAR-END REPORT Tom Kloss, Information Technology Director, presented before the Council. Mr. Kloss provided a report on the 2006 accomplishments of the department, including those related to the network and GIS. UNFINISHED BUSINESS 9. (a)CONSIDERATION FOR APPROVAL OF FRANCHISE AGREEMENT WITH AQUARIA PETS FOR BICYCLE RACK IN THE PUBLIC RIGHT-OF-WAY Rebecca Bowers, Planning Director, presented before the Council. Ms. Bowers explained that at the last Council meeting this item was up for consideration, however the Council tabled the item to research other bike rack designs. Miles Seppelt, EDA Director, presented before the Council. Mr. Seppelt explained that 2 CITY COUNCIL MINUTES – FEBRUARY 28, 2007 the Hutchinson Downtown Association had been dealing with the issue of bicycle racks on Main Street. A prototype design has been found that takes less space on the right-of-way, yet keeps the bicycles protected. This prototype will be tested in front of Outdoor Motion this summer and if it works well, an identical one will be placed in front of Aquaria Pets. These racks will then be City bicycle racks and franchise agreements will no longer be necessary. Motion by Haugen, second by Stotts, to approve franchise agreement with Aquaria Pets for bicycle rack in the public right-of-way. Motion carried unanimously. NEW BUSINESS 10. (a) CONSIDERATION FOR APPROVAL OF REQUESTS BY HUTCHINSON JAYCEE WATER CARNIVAL COMMITTEE Scott Ziegler, Jaycee Water Carnival Commodore, presented before the Council. Mr. Ziegler stated that the Water Carnival Committee is requesting to move the Midway Carnival to the downtown area. The main reason is due to the fact that many carnivals that have been serving the Jaycees have not seen a lot of st business at the fairgrounds. The proposal is to move the Midway to 1 Avenue between Library Square and 101 Park Place. This location has been reviewed with the Hutchinson Police Department and tenants of 101 Park Place and the comments were mostly favorable for this location. The Water Carnival Committee is also proposing to move the Teddy Bear Band performance, Kiddie Day Parade, and Junior Royalty Coronation to Library Square. Motion by Stotts, second by Haugen, to approve requests by Hutchinson Jaycee Water Carnival committee. Motion carried unanimously. (b) CONSIDERATION FOR APPROVAL OF ORDINANCE AMENDMENT SPECIFYING ACCESSORY BUILDING REQUIREMENTS AND SECONDARY ACCESS DRIVES ON DOUBLE FRONTAGE LOTS WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (WAIVE FIRST READING AND SET SECOND READING AND ADOPTION OF ORDINANCE NO. 07-0459 FOR MARCH 13, 2007) Rebecca Bowers, Planning Director, presented before the Council. Ms. Bowers explained that staff has been assessing access drives on double frontage lots (or through lots) for several months. Concerns over appearance and secondary access have been raised regarding detached garages in the rear yards of double frontage lots. Double frontage lots are those properties with streets on both the front and rear yards. The proposed ordinance addresses concerns raised regarding access and appearance and does not allow direct access to the public right of way through the rear or side yard of double-frontage lots located on any collectors or arterial roadways, except for properties platted prior to 1988. Motion by Stotts, second by Haugen, to waive first reading and set second reading and adoption of Ordinance No. 07-0459 for March 13, 2007. Motion carried unanimously. (c) CONSIDERATION FOR APPROVAL OF PERSONNEL POLICY UPDATES Brenda Ewing, Human Resources Director, presented before the Council. Ms. Ewing presented three resolutions for consideration which would revise the City of Hutchinson Employee Handbook, the Sexual Harassment Prevention Policy and the Respectful Workplace Policy. The amended Personnel Policy specifically includes the paid-per-call firefighters unless specifically excluded in the various sections of the policy. Motion by Haugen, second by Stotts, to approve personnel policy updates. Motion carried unanimously. (d) CONSIDERATION FOR APPROVAL BUDGETING FOR OUTCOME RESULT STATEMENTS Dolf Moon, PRCE Director, presented before the Council. Mr. Moon reviewed the result statements that were developed from the Budgeting for Outcomes process. These statements were created based on feedback generated by City focus groups. These statements will guide the next phases of this process. These statements relate to City Government, Public Safety, Environment, Strong Economy, Mobility, Healthy Citizens and Education. 3 CITY COUNCIL MINUTES – FEBRUARY 28, 2007 Council Member Stotts commented that there was much citizen involvement with the creation of these statements that were created through the focus groups. Motion by Stotts, second by Haugen, to approve budgeting for outcome result statements. Motion carried unanimously. (e) CONSIDERATION FOR APPROVAL OF RESOLUTION OPPOSING WINE-IN-GROCERY BILL Gary Plotz, City Administrator, noted that for several years, a bill has been proposed to the legislature to allow for the sale of wine in grocery stores. The Municipal Beverage Association, as well as the municipally-owned liquor store, opposes this bill for reasons outlined in the resolution. This resolution will be forwarded to the City’s local legislators Motion by Haugen, second by Stotts, to approve Resolution No. 13145 opposing wine-in-grocery bill. Motion carried unanimously. (f) CONSIDERATION FOR APPROVAL OF RESOLUTION NO. 13144 – A RESOLUTION OF SUPPORT CONCERNING EFFORT TO SECURE STATE BONDING TO FURTHER DEVELOP THE LUCE LINE TRAIL Gary Plotz, City Administrator, noted that in past years the Council has taken favorable action to support this bill as written by the City’s state senator, Steve Dille. It is being requested again. Motion by Stotts, second by Haugen, to approve Resolution No. 13144 in support concerning effort to secure state bonding to further develop the Luce Line Trail. Motion carried unanimously. (g) CONSIDERATION FOR APPROVAL OF RESOLUTION NO. 13143 – A RESOLUTION IN SUPPORT OF THE 2007 FREEDOM TO BREATHE ACT Gary Plotz, City Administrator, noted that there are several bills currently in the legislature that are being proposed that will not allow smoking in the work place. Motion by Haugen, second by Stotts, to approve Resolution No. 13143 in support of the 2007 Freedom to Breathe Act. Motion carried unanimously. (h) DISCUSSION OF COUNCIL REPRESENTATION ON THE RESOURCE ALLOCATION COMMITTEE John Olson, Public Works Manager, presented before the Council. Mr. Olson explained that the Resource Allocation Committee thoroughly reviews project scopes/timeframes and the funding alternatives to complete projects. Historically, the committee has included the City Administrator, Finance Director, PZB Director, PRCE Director, public works representatives and two Council Members. Mayor Cook has shown interest in serving on this committee. Council Member Arndt volunteered to serve on the Resource Allocation Committee. MISCELLANEOUS 11. (a)COMMUNICATIONS 1.Requests by Hutchinson Area Health Care (a)Request expenditure of $150,000 to remodel the inpatient Mental Health Unit at Hutchinson Area Health Care Motion by Haugen, second by Stotts, to approve expending $150,000 to remodel the inpatient Mental Health Unit as requested by Hutchinson Area Health Care. Motion carried unanimously. (b) Request to appoint Mike Cannon to the HAHC Board, to replace Steve Snapp who has resigned. Motion by Haugen, second by Stotts, to approve appointing Mike Cannon to the HAHC Board, replacing Steve Snapp. Motion carried unanimously. 4 CITY COUNCIL MINUTES – FEBRUARY 28, 2007 John Olson – John Olson requested moving the Council Workshop time on March 13, 2007, from 4:00 p.m. to 3:30 p.m. in order to allow time to discuss both the Crow River Dam project and the SW Ring Road project. Motion by Haugen, second Stotts, to move the workshop to 3:30 p.m. on March 13, 2007. Motion carried unanimously. John Olson also noted that a Hwy 15 Coalition meeting is being held at 10:00 a.m. at the Event Center on March 1, 2007. Motion by Haugen, second by Stotts, to approve setting the Hwy 15 Coalition meeting as a public meeting. Motion carried unanimously. Casey Stotts – Council Member Stotts noted that the City has excess funds left in the general fund, and he wants the public to be made aware that before that money is allocated to anything, he wishes to receive public input on the use of them. Ken Merrill – Mr. Merrill updated the Council/public on the implementation of the new water/sewer/refuse rates for 2007. Mr. Merrill explained how the sewer rates are calculated. Mr. Merrill reviewed some of the services the City provides to residents when it comes to water issues, such as leaks in a toilet or water softener. Mr. Merrill also noted that water meter reading dates were adjusted somewhat with this last billing cycle. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS 12. Motion by Stotts, second by Haugen, to approve claims, appropriations and contract payments. Motion carried unanimously. ADJOURN 13. Motion by Arndt, second by Stotts, to adjourn at 6:50 p.m. Motion carried unanimously. ATTEST: _______________________________________ _____________________________________ Steven W. Cook Gary D. Plotz Mayor City Administrator 5