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03-27-2007 CCMMINUTES REGULAR MEETING – HUTCHINSON CITY COUNCIL TUESDAY, MARCH 27, 2007 CALL TO ORDER – 5:30 P.M. 1. Mayor Steve Cook called the meeting to order. Members present were Bill Arndt, Jim Haugen, and Casey Stotts. Member absent was Kay Peterson. Others present were Gary Plotz, City Administrator, Kent Exner, City Engineer, and Marc Sebora, City Attorney. INVOCATION 2. – Rev. Randy Adams, Riverside Assembly of God Church PLEDGE OF ALLEGIANCE 3. PUBLIC COMMENTS 4. MINUTES 5. (a)REGULARMEETING OF MARCH 13, 2007 (b) BID OPENING MINUTES OF MARCH 13, 2007 (MONTANA STREET NW) 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.AIRPORT COMMISSION MINUTES FROM OCTOBER 19, 2006, NOVEMBER 16, 2006, DECEMBER 21, 2006, JANUARY 18, 2007, FEBRUARY 15, 2007 2.HUTCHINSON HOUSING AND REDEVELOPMENT REGULAR BOARD MEETING MINUTES FROM JANUARY 16, 2007, FEBRUARY 20, 2007 3.HUTCHINSON PLANNING COMMISSION MINUTES FROM FEBRUARY 20, 2007 4.CITY OF HUTCHINSON FINANCIAL REPORT FOR FEBRUARY 2007 5.CITY OF HUTCHINSON INVESTMENT REPORT FOR FEBRUARY 2007 (b)RESOLUTIONS AND ORDINANCES 1.CONSIDERATION FOR APPROVAL OF RESOLUTION TO EXCEPT PROCESSING SPRING AND SUMMER ORGANICS-RIESE FARMS 2.RESOLUTION NO. 13163 – RESOLUTION FOR PURCHASE OF CRACK SEAL MATERIAL AND BIODIESEL FUEL (c)PLANNING COMMISSION ITEMS 1. CONSIDERATION OF LOT SPLIT SUBMITTED BY BRUCE NAUSTDAL LOCATED IN RAVENWOOD WEST WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION NO. 13155) 2.CONSIDERATION OF CONDITIONAL USE PERMIT TO AMEND THE PLANNED DEVELOPMENT DISTRICT FOR CONSTRUCTION OF TWIN HOME LOCATED AT 560/564 HILLTOP DRIVE N.E. SUBMITTED BY CROW RIVER HABITAT FOR HUMANITY WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION NO. 13156) CITY COUNCIL MINUTES – MARCH 27, 2007 3. CONSIDERATION OF CONDITIONAL USE PERMIT TO ALLOW AN AUTOMOBILE REPAIR FACILITY IN THE INDUSTRIAL COMMERCIAL DISTRICT LOCATED AT 805 HWY 7 WEST WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION NO. 13157) ST 4.CONSIDERATION OF CONSTRUCTION OF A FAMILY VIDEO STORE LOCATED AT 108 1 AVENUE N.E. SITE PLAN SUBMITTED BY ROCKFORD CONSTRUCTION WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION NO. 13159) (d)CONSIDERATION FOR APPROVAL OF ON-SALE INTOXICATING LIQUOR AND CLUB LICENSES FOR 2007 (e)CONSIDERATION FOR APPROVAL OF SHORT-TERM GAMBLING LICENSE FOR CROW RIVER CHAPTER OF MINNESOTA DEER HUNTERS ASSOCIATION FOR MARCH 31, 2007 (f)CONSIDERATION FOR APPROVAL OF SHORT-TERM GAMBLING LICENSE FOR MCLEOD COUNTY PHEASANTS FOREVER ON APRIL 14, 2007 (g)CONSIDERATION FOR APPROVAL OF TRANSIENT MERCHANTS LICENSE FOR RANDALL HERRMAN (h)CONSIDERATION FOR APPROVAL OF LEASE AGREEMENT FOR OLD DASSEL MEDICAL CLINIC BUILDING (i)CONSIDERATION FOR APPROVAL OF IMPROVEMENT PROJECT CHANGE ORDER NO. 1, WWTF SCADA SYSTEM (LETTING NO. 13, PROJECT NO. 06-15) (j)CONSIDERATION FOR APPROVAL OF IMPROVEMENT PROJECT CHANGE ORDER NO. 1, WWTF ADMINISTRATION BUILDING EXPANSION (LETTING NO. 12, PROJECT NO. 06-14) (k)CONSIDERATION FOR APPROVAL OF IMPROVEMENT PROJECT CHANGE ORDER NO. 2, HATS COLD STORAGE BUILDING (LETTING NO. 14, PROJECT NO.06-16) (l)CONSIDERATION FOR APPROVAL OF ITEMS FOR 2007 PAVEMENT REHABILITATION PROGRAM (LETTING NO. 5, PROJECT NO. 07-05) (m)CONSIDERATION FOR APPROVAL OF HOUSING AMERICA 2007 PROCLAMATION (n)CONSIDERATION FOR APPROVAL OF APPOINTMENT OF CHRIS KOVACIC TO PLANNING COMMISSION BOARD UNTIL MARCH 2012 (o)CONSIDERATION FOR APPROVAL OF CAPITAL EXPENDITURE REQUEST FOR TECHNOLOGY PURCHASE FROM HUTCHINSON AREA HEALTH CARE BOARD OF DIRECTORS Items 6(c)2, 6(h), 6(k) and 6(n) were pulled for separate action. Motion by Haugen, second by Arndt, to approve consent agenda with the exception of the items noted above. Motion carried unanimously. Item 6(c)2 had further discussion. Ms. Bowers commented on the on-site meeting with the neighbor to alleviate his drainage concerns. She stated drainage issues will be addressed through grading and drain tile. Motion by Haugen, second by Arndt, to approve item 6(c)2. Motion carried unanimously. Item 6(h) had further discussion. Jim Haugen raised questions on the contract and long term disposition of the old clinic. Atty. Sebora commented on the terms and rental by a chiropractic clinic for one year. He stated the hospital board is not sure what will be done with the building in the future. 2 CITY COUNCIL MINUTES – MARCH 27, 2007 Motion by Haugen, second by Arndt, to approve item 6(h). Motion carried unanimously. Item 6(k) had further discussion. Jim Haugen questioned the two differing amounts in the Change Order. Mr. John Olson, Public Works Manager, and Mr. Exner explained there are two different items on the Change Order. Motion by Stotts, second by Arndt, to approve item 6(k). Motion carried unanimously. Item 6(n) had further discussion. Casey Stotts stated he has issues with the way appointments are made. He stated there were many applications. Mayor Cook explained how the appointments are approached. He stated he looks at the makeup of the current board and looks at the background and experience of the individual. He explained he tries to tap into the Chamber Leadership program participants. Council Member Stotts stated he would also like to look at the applications. Atty. Sebora explained the Mayor makes the recommendation. He commented on the present application form and stated he will look at changing the form to add more background information. Motion by Stotts to delay the appoint to the April 10, 2007, meeting, second by Arndt the motion carried with Mayor Cook voting nay. Role call vote: Haugen, aye; Arndt, aye; Stotts, aye; Cook, nay Mr. Kovicic commented on his experience and background. PUBLIC HEARINGS – 6:00 P.M. 7. (a) ORDINANCE NO. 07-0460 – AN ORDINANCE ESTABLISHING A TEMPORARY MORATORIUM ON CERTAIN LAND USE ACTIONS WITHIN THE HIGHWAY 7 CORRIDOR STUDY AREA Ms. Bowers explained the request and the changes along the Hwy 7 corridor. She stated a study would help to clean up the zoning. She commented on the need for a temporary moratorium of the study area. She reported staff have drafted an ordinance to enact the moratorium. She stated the moratorium will help to prevent negative development. I/C and C5 are unusual districts that require conditional use permits for every change of use, ownership, etc. Ms. Bowers explained there have been concerns by the public regarding how a moratorium could affect the sale of a property. She stated the City Council can change the moratorium at any time. She explained this is good timing while the Hwy 7 project is under construction. Discussion followed on the reason for this study. There were questions if many developers were asking to develop in this area. Ms. Bowers stated there has not been a specific proposal. She explained we should try to protect the City before development requests happen. There was discussion on the Hwy 22 moratorium and what happened in that area. Ms. Bowers stated the moratorium is a safety measure. There was again discussion on the need for the moratorium. Ms. Bowers commented on the I/C and C5 zoning district problems and protection of the Hwy 7 and Hwy 15 intersection. She stated the study will be similar to the downtown plan to plan for the future. She explained that public input will be a part of the study. Jim Fahey, Edina Realty, 446 Main St S, stated real estate agencies in the community support the study. He warned the word moratorium scares the realtors in the community. He suggested the moratorium maybe should be placed on an area between Bluff Street and Water Street and not the entire study area. Greg Witt, Edina Realty, 125 Glen St NW, complimented the staff and officials on promoting business into the City. He agrees that the word moratorium is perceived by many as a difficult process. He also suggests a smaller specific area of concern for the moratorium as a better solution. Discussion followed for staff to come back with a more compact area such as from Montana Street east to Bluff Street. Ms. Bowers explained the Council can do a 6 month moratorium with the option to expand the time period if necessary. She stated presently the RFP is for a period of 9 months to 1 year. Atty. Sebora suggested the Council table the item for further review. Motion by Arndt, second by Cook to keep the hearing open and table to April 10, 2007. Motion carried 3 CITY COUNCIL MINUTES – MARCH 27, 2007 unanimously. Discussion continued regarding the use of City staff to complete a study as opposed to a consultant. Ms. Bowers stated we could scale down the RFP to possibly reduce the cost. She explained staff is reviewing th the proposals and will bring them back to the Council on April 10. She informed the Council monies for the study have been set aside in the budget since last year. COMMUNICATIONS, REQUESTS AND PETITIONS 8. (a)PRESENTATION OF HUTCHINSON POLICE SERVICES 2006 YEAR-END REPORT Police Chief Hatten commented on the 2006 activity statistics. He reported on the 2006 objectives and commented on the staffing, facility and equipment. He also reported on 2007 objectives. Discussion followed on an update of the new towing procedure. Chief Hatten stated he will review and re- evaluate the procedure annually. (b)DISCUSSION OF WATER BILL CHARGES AT 1320 SOUTH GRADE ROAD S.W. Atty. Sebora commented on his discussion with the property owner at 1320 South Grade Rd. S.W. regarding the water bill being assessed to taxes on the property. The property owner was not present. Motion by Arndt, second by Haugen to approve assessing the charges to taxes. Motion carried unanimously UNFINISHED BUSINESS 9. NEW BUSINESS 10. (a) CONSIDERATION FOR APPROVAL OF PROPOSED AMENDMENT TO CITY POLICY NO. 3.18 – SAFETY CLOTHING – REIMBURSEMENT Ms. Ewing commented on the amendment to the policy at the request of an employee, a member of the safety committee. She stated she surveyed surrounding communities and, based on the other cities, Hutchinson was significantly behind. She would request an increase in footwear and eyewear reimbursement. Motion by Stotts, second by Haugen, to approve amendment to City Policy No. 3.18 – safety clothing reimbursement. Motion carried unanimously (b) CONSIDERATION FOR APPROVAL OF A RESOLUTION NO. 13162 AMENDING THE METHOD OF DETERMINING SANITARY SEWER SERVICE CHARGES FOR THE CITY OF HUTCHINSON Mr. Merrill explained the method of charging for the sanitary sewer service. He commented on the new billing system now in use. He stated there were problems in the January readings and would suggest a three month or 90 day average. Discussion followed on using multiple months to calculate a 30 day usage. There was also discussion on using only January and February bills to average a 30 day usage. Mr. Merrill explained there is a way to credit accounts in the billing system. Motion by Haugen, second by Arndt, to approve Resolution No. 13162 amending the method of determining sanitary sewer service charges for the City of Hutchinson using January and February averages. Motion carried unanimously. (c)CONSIDERATION FOR APPROVAL OF RESETTING BUDGET WORK SESSION FROM MARCH 29, 2007 Motion by Arndt, second by Stotts, to approve resetting the budget work session from March 29, 2007 to April 3, 2007, 1:15 p.m. to 4:30 p.m. Motion carried unanimously. (d)CONSIDERATION FOR APPROVAL OF SUMP PUMP PROGRAM PROPOSALS 4 CITY COUNCIL MINUTES – MARCH 27, 2007 Mr. Exner explained the process began in 2001. RFP’s were distributed. There were two proposals received. (Bolton Menk and Bonestroo). Staff would recommend Bolton and Menk receive the bid. There are approximately 800 homes to be inspected. He explained we would begin in April. The fee proposed by Bolton and Menk is $31,000. Mr. Exner stated that equals approximately $40.00 per home. Discussion followed on the identification of the inspectors from Bolton and Menk. There was also discussion on the information from the last program. Mr. Exner stated the inspectors will be engineering interns. Discussion followed on City staff completing the inspections. Staff was directed to look at utilizing City staff for the inspections. Motion by Stotts, second by Cook, to table to April 24, 2007, the sump pump program proposals. Motion carried unanimously. (e)CONSIDERATION FOR APPROVAL OF ITEMS RELATED TO THE CROW RIVER DAM REPLACEMENT PROJECT Mr. Exner commented on the item. He commented on the history of the past discussions regarding the dam. He identified deficiencies and safety issues. He explained the future dam capacity, aesthetic issues and ecosystem issues. Mr. Exner presented the conceptual plan of the future dam. Mr. John Olson, Public Works Manager, commented the options for funding the dam project. He explained the options to reduce costs. He reported on the potential funding sources. Mr. Olson stated we can do this with City funds since Federal funding is not available. Mr. Exner explained the lack of Federal funding. Discussion followed on rock available in the area. Motion by Stotts, second by Cook, to approve items related to the Crow River Dam replacement project. Motion carried unanimously. (f)CONSIDERATION FOR APPROVAL OF RESOLUTION OF SUPPORT FOR MCLEOD COUNTY SOUTHWEST RING ROAD PROJECT (CSAH 115) This was a request from the County and was discussed at a recent workshop. Mr. Exner commented on the feedback from the affected property owners and the process initiated 10 years ago. Motion by Cook, second by Stotts, to approve the Resolution of support for McLeod County Southwest ring road project. There was a lengthy discussion on the need for a more southerly route. Mr. Exner stated there will be limited access on the proposed route. He explained needing a justification of building roads. Mr. Exner stated this is a County project. Motion carried with the following roll call vote. Haugen, aye; Arndt nay; Stotts aye and Cook aye. (g) CONSIDERATION FOR APPROVAL OF DISCUSSION OF MN/DOT OUTREACH MEETING ITEMS Mr. Exner commented on the invitation from MN/DOT to participate in the outreach meeting. He prepared the memo from the City Council addressing the questions from MN/DOT. Motion by Stotts, second by Haugen, to approve MN/DOT outreach meeting memo. Motion carried unanimously (h)CONSIDERATION FOR VACTION OF UTILITY EASEMENTS LOCATED BETWEEN 1209 AND 1205 LEWIS AVENUE S.W. REQUESTED BY STEVE WADSWORTH, PROPERTY OWNER WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION NO. 13157) Ms. Bowers commented on therequest to combine two lots and vacate easements between the two lots. She commented on the shoreland district requirements. She commented on the northern third lot to the river. She reported on the Planning Commission discussions on the vacant lot to the north and the difficulty in combining that lot to the proposed two lots. 5 CITY COUNCIL MINUTES – MARCH 27, 2007 Mr. Haugen stated he believes Mr. Wadsworth meets the 25% coverage requirement using the northern lot. He stated the intent is there. Discussion followed on the restrictions not to build on the third lot. Motion by Stotts, second by Haugen, to approve vacation of utility easements between 1205 and 1209 Lewis Avenue S.W. Discussion followed on the need for the third lot to meet the 25% requirement. Steve Wadsworth, 1209 Lewis, presented his calculations as follows: including the three lots are at 12.8% impervious surface. He explained the calculation using the two lots coverage is at 35% . He stated the deed states there can not be a structure constructed on the third northerly lot. Stotts moved to amend the motion adding the condition, “no permanent structures may be constructed on north lot”, second by Haugen. Motion carried unanimously. (i)CONSIDERATION OF RFP FOR INSURANCE BROKER SERVICES FOR WORKERS COMPENSATION, PROPERTY, COMP, AND LIABILITY INSURANCE Mr. Merrill explained the request and the proposal. Councilman Stotts will sit on the committee. Motion by Arndt, second by Stotts, to approve RFP for Insurance Broker Services for Workers Compensation, Property, Comp and Liability insurance. Motion carried unanimously. (j) CONSIDERATION OF ON-SALE INTOXICATING LIQUOR LICENSE FOR MARIACHI’S RESTAURANT, 101 MAIN STREET SOUTH Mr. Plotz explained the process and would recommend approval contingent on Mariachi’s full- filling the binder for liquor liability and reporting sales tax on the ST1 form. He stated the present license expires April 1, 2007. Motion by Stotts, second by Arndt to approve the on-sale intoxicating liquor license contingent on full- filling the binder of liquor liability and reporting sales tax on the ST1 form. Motion carried unanimously. MISCELLANEOUS 11. (a)COMMUNICATIONS Council Member Arndt commented on Fire Chief Emans editorial on past fire chiefs and commended Chief Emans for the article. He reminded the Council and public of the Luce Line trail meeting on st Saturday, March 31 at the Silver Lake auditorium. Council Member Stotts commented on the railbed trail on the south end of town. Mr. Plotz informed the Council of the opportunity to save rental money for leases on three tractors at Creek Side. He stated the City would be saving $39,000 for rest of year by not entering into the lease agreement. Motion by Arndt, second by Stotts not to enter into a rental agreement for the tractors. Motion carried unanimously. Mr. Exner stated a Hwy 7 informational meeting will be held on Thursday, April 5, 2007, from 4:30 – 6:30 at the Events Center. Mr. Plotz reported on the hospital privatization meetings. He reported there will be a proposal to the City Council in the near future. Mayor Cook commented on the appointment to Planning Commission. 6 CITY COUNCIL MINUTES – MARCH 27, 2007 CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS 12. Motion by Arndt, second by Stotts to approve claims, appropriations and contract payments. Motion carried unanimously. ADJOURN 13. There being no further business the meeting adjourned at 8:35 p.m. ATTEST: _______________________________________ _____________________________________ Steven W. Cook Gary D. Plotz Mayor City Administrator 7