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04-10-2007 CCMMINUTES REGULAR MEETING – HUTCHINSON CITY COUNCIL TUESDAY, APRIL 10, 2007 CALL TO ORDER – 5:30 P.M. 1. Mayor Steve Cook called the meeting to order. Members present were Bill Arndt, Jim Haugen, Casey Stotts and Kay Peterson. Others present were Gary Plotz, City Administrator, Kent Exner, City Engineer, and Marc Sebora, City Attorney. INVOCATION 2. – Rev. Karl Kruse, Christ the King Lutheran Church, delivered the invocation. PLEDGE OF ALLEGIANCE 3. PUBLIC COMMENTS 4. Evelyn Fischer and Coleen Mix presented before the Council. On behalf of Evergreen Apartments, they thanked the Council for the improvements made to the senior dining area. MINUTES 5. (a)REGULARMEETING OF MARCH 27, 2007 Motion by Arndt, second by Haugen, to approve the minutes as presented. Motion carried unanimously. CONSENT AGENDA 6. (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1.PUBLIC ARTS COMMISSION MINUTES FROM FEBRUARY 15, 2007 2.BUILDING DEPARTMENT MONTHLY REPORT FOR MARCH 2007 3.FIRE DEPARTMENT MONTHLY REPORT FOR MARCH 2007 4.PIONEERLAND LIBRARY SYSTEM BOARD MEETING MINUTES FROM FEBRUARY 15, 2007 5.PUBLIC LIBRARY BOARD MEETING MINUTES FROM FEBRUARY 26, 2007 6.HUTCHINSON UTILITIES COMMISSION FINANCIAL REPORT FOR FEBRUARY 2007 (b)RESOLUTIONS AND ORDINANCES 1. RESOLUTION NO. 13164 – RESOLUTION TO SELL AT AUCTION UNCLAIMED PROPERTY 2.RESOLUTION NO. 13165 – RESOLUTION TO SELL AT AUCTION SURPLUS PROPERTY 3. RESOLUTION NO. 13166 – RESOLUTION AMENDING RESOLUTION NO. 12901 ESTABLISHING INCOME GUIDELINES AND ASSET LIMITATIONS FOR SENIOR AND DISABLED CITIZENS DEFERRED ASSESSMENTS AND SENIOR AND DISABLED CITIZENS REDUCED REFUSE RATE 4. RESOLUTION NO. 13167 – RESOLUTION ESTABLISHING MUNICIPAL STATE AID HIGHWAY TH (5 AVENUE SE FROM MICHIGAN STREET TO TH 22) 5. RESOLUTION NO. 13168 – RESOLUTION IN SUPPORT OF BALANCED CLIMATE CHANGE LEGISLATION 6. RESOLUTION NO. 13169 – RESOLUTION FOR PURCHASE (F350 FORD PICK UP AND UNLEADED FUEL) (c)CONSIDERATION FOR APPROVAL OF ADVERTISING FOR BIDS FOR BURICH ARENA COOLING TOWER REPLACEMENT CITY COUNCIL MINUTES – APRIL 10, 2007 (d)CONSIDERATION FOR APPROVAL OF TEMPORARY LIQUOR LICENSE TO VFW POST 906 ON APRIL 12, 2007, AT THE HUTCHINSON EVENT CENTER (e)CONSIDERATION FOR APPROVAL OF IMPROVEMENT PROJECT CHANGE ORDER NO. 2 – LETTING NO. 12, PROJECT NO. 06-14 (WASTEWATER TREATMENT FACILITY ADMINISTRATION BUILDING EXPANSION) (f)CONSIDERATION OF DECLARATION OF RESTRICTIONS AND COVENANTS AND AFFIDAVIT CONCERNING REAL PROPERTY CONTAMINATED WITH HAZARDOUS SUBSTANCES (g)CONSIDERATION FOR APPROVAL OF DESIGN AND CONSTRUCTION SERVICES AGREEMENT WITH BARR ENGINEERING FOR THE HUTCHINSON DAM REPLACEMENT (h)CONSIDERATION FOR APPROVAL OF TRANSIENT MERCHANT LICENSE FOR THE COUNTRY STOP LOCATED IN THE RUNNINGS FLEET & FARM PARKING LOT (i)CONSIDERATION FOR APPROVAL OF TEMPORARY RECYCLING PERMIT FOR CAN MAN RECYCLING INC. LOCATED IN THE WALMART PARKING LOT (j)RETAIL ON-SALE 3.2 MALT LIQUOR LICENSE RENEWALS . HUTCHINSON HUSKIES BASEBALL ASSOCIATION LITTLE CROW BOWLING LANES (HUTCH BOWL) SKY VENTURES (PIZZA HUT) (k)RETAIL OFF-SALE 3.2 MALT LIQUOR LICENSE RENEWALS COBORN’S INC – CASHWISE SPEEDWAY SUPERAMERICA ERICKSON’S DIVERSIFIED CORPORATION (ECONO FOODS) PHILLIPS 66 WALMART SUPERCENTER Items 6(b)5, 6(f), 6(g) and 6(k) were pulled for separate action. Motion by Stotts, second by Arndt, to approve consent agenda with the exception of the items noted above. Motion carried unanimously. Item 6(b)5 had further discussion. Council Member Peterson asked for clarification regarding the proposed resolution. Mike Kumm, HUC General Manager, presented before the Council. Mr. Kumm explained that the HUC passed a Resolution in support of the climate control change and asked that the City Council also support this project. A revised Resolution was distributed tonight. Mayor Cook mentioned that the State Legislature is proposing a Global Warming Mitigation Act. Mike Kumm mentioned that HUC is requesting that the legislation study the Act in more detail before passage and adoption. Mayor Cook asked if the HUC could submit their Resolution now to the legislature with the City following up with their Resolution after the final draft is up for consideration. Motion by Peterson, second by Stotts, to approve the revised Resolution as proposed by HUC. Motion carried unanimously. Item 6(f) had further discussion. Mayor Cook asked that Kent Exner review what this action item is. Mr. Exner explained that the proposed documents are part of the process of closing down the old dump site. These restrictions and covenants are a boilerplate document that the MPCA requires for all similar types of activities. 2 CITY COUNCIL MINUTES – APRIL 10, 2007 Motion by Arndt, second by Haugen, to approve item 6(f). Motion carried unanimously. Item 6(g) had further discussion. Mayor Cook noted that at the last City Council workshop it was mentioned that possibly $700,000 could be used from the excess bond fund to pay for this project. Mayor Cook noted that this fund is intended for improvement projects such as this. Kent Exner noted that the concerns of the structure of the dam indicate that it is imperative to replace the dam now. Council Member Arndt questioned the estimated amount of $119,000 from Barr Engineering. This amount includes an 8% inflation increase since the 2005 quote. Motion by Arndt, second by Peterson, to approve Item 6(f). Motion carried unanimously. Item 6(k) had further discussion. Council Member Arndt asked if all of the applicants are in compliance with local ordinances. Marc Sebora noted that the applicants under consideration have not had any recent liquor license violations. Mr. Sebora then updated the Council on some liquor license violations that had occurred earlier this year. Motion by Haugen, second by Arndt, to approve Item 6(k). Motion carried unanimously. 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 (CONTINUED FROM MARCH 27, 2007) Rebecca Bowers, Planning Director, presented before the Council. Rebecca Bowers and Miles Seppelt reviewed the Hwy 7 Corridor Study (also item 10(a) on this agenda). Ms. Bowers explained the project goals of the study, which have been identified as establishing a community vision, creating a land use development strategy, and taking advantage of the opportunity at hand. Mr. Seppelt then reviewed the Downtown Revitalization Master Plan and the connection to this proposed Hwy 7 Corridor Study. Mr. Seppelt then reviewed the reasoning of using a consultant to conduct this study. These reasons include unavailable staff time, lower cost (compared to hiring a full-time employee), and specific expertise and experience as well as a fresh perspective. Ms. Bowers then explained how the study would be funded, which is estimated at $60,000. A majority of the funding was obtained from the Hwy 7 project and fees paid as a percentage of the improvement project. The lowest bid came in from Landform at $62,555. The proposal could be reduced by combining some tasks and/or reducing the scope of the market study. Mr. Seppelt reviewed the benefits of having a market study completed. Mr. Seppelt then reviewed the reasons for the proposed moratorium on certain land use actions within the Highway 7 corridor study area. The reasons include empowering the City Council to stop unwanted development, allowing the citizens to decide and not the developers, and protecting the value of the study. The moratorium as proposed does include a process to allow good development during the moratorium time. The proposed moratorium runs from Bluff Street to Montana Street. Motion by Stotts, second by Peterson, to close the public hearing. Motion carried unanimously. Motion by Arndt, second by Peterson, to approve Ordinance No. 07-0460, setting second reading and adoption for April 24, 2007. Motion carried unanimously. (b) 2007 PAVEMENT REHABILITATION PROJECT (LETTING NO. 5, PROJECT NO. 07-05) Kent Exner presented before the Council. Mr. Exner explained that 2007 pavement rehabilitation project includes reclaiming of specific streets, concrete repairs and general maintenance work. The information was rd reviewed at a neighborhood meeting on April 3. The feedback received at this meeting was very positive from the residents. The total project cost is estimated at $732,900. The streets included are Milwaukee Avenue, Charles Street, Roe Avenue, Kay Street, Lea Avenue, Graham Street and Clark Street, as well as rdth the alley to the south of Taco Johns (between 3 and 4 Avenue from Glen Street to James Street). The City will pay for 50% of the residential street pavement rehabilitation and drain tile installation costs, 80% of pavement rehabilitation costs of the alley and 100% of the sanitary sewer & water distribution system improvements. 3 CITY COUNCIL MINUTES – APRIL 10, 2007 John Olson, Public Works Manager, noted that the sewers are inspected prior to this list being compiled. No major work needs to be completed related to the sewers. rd Guy Caspers, 103 3 Avenue, presented before the Council. Dr. Caspers asked if the alley is definitely part of the project at this time or if it can be pushed back. He noted that there has been much construction surrounding his property in the last couple of years and his business, as well as the others in the years, have somewhat suffered. Mr. Exner explained the assessment hearing process. A resident of Charles Street presented before the Council. The resident asked if Mr. Exner had an estimate of what the assessments will be. Exner explained that it will be approximately $40/front foot. The resident also asked about the street-life expectancy. Exner noted 10-20 years +. Jim Chelin, 520 Graham Street, presented before the Council. Mr. Chelin commented that with the estimate of $40/front foot, his assessments would be around $1200. Mr. Chelin asked if seal coating only would be adequate. Exner explained that based on the condition of the pavement, seal coating only would not be a wise investment of money. Motion by Arndt, second by Peterson, to close the public hearing. Motion carried unanimously. Motion by Peterson, second by Cook, to order improvement and preparation of plans and specifications. Motion carried unanimously. (c) ORDINANCE NO. 07-0462 – AN ORDINANCE TO CREATE AND ENACT TITLE 5, CHAPTER 54 OF THE CITY OF HUTCHINSON CODE OF ORDINANCES RELATING TO STORMWATER MANAGEMENT Kent Exner explained that as part of the NPDES permitting process, a stormwater management ordinance was required to be created. John Paulson, Environmental Specialist, presented before the Council. The purpose of the ordinance was due to the requirement of the MPCA, to protect the water resources from pollution and to improve the water quality in local waterways. The proposed ordinance addresses prohibited discharges, construction site erosion and sediment control, construction site waste control and post- construction stormwater management control. Mr. Paulson then reviewed a summary of the proposed ordinance. Motion by Arndt, second by Stotts, to close the public hearing. Motion carried unanimously. Kent Exner noted that at this time a fee is not planned on being imposed for stormwater management, however that will be reviewed further at a later date. Motion by Arndt, second by Cook, to set second reading and adoption of Ordinance No. 07-0462 for April 24, 2007. Motion carried unanimously. COMMUNICATIONS, REQUESTS AND PETITIONS 8. (a) STEVE KNISLEY AND “DREAM SHEDS, LLC” PROPOSAL Steve Knisley, 615 N. Sibley Avenue, Litchfield, Minnesota, presented before the Council. Mr. Knisely explained that he has been working with the city on developing a storage-concept development area. He reminded the Council that the directive they had given him was to keep this development for storage only, as opposed to a small business-type of structure (i.e. plumber, electrician, painter, etc.). Mr. Knisely noted that he has received several calls from interested parties that would like to operate a service-oriented small business out of this developed area. Mr. Knisely requested of the Council again to allow small businesses to operate out of these sheds, as opposed to these individuals operating out of their home or garage. Mr. Knisely also commented on the cost of the building permits. For the type of structure he wishes to construct, a fee of $300 applies in Meeker County and other counties/cities average approximately $800 on the high end. The building permit in Hutchinson would cost approximately $5000 for the same structure he has constructed elsewhere. Rebecca Bowers, Planning Director, presented before the Council. Ms. Bowers explained that the City uses estimates from the state-recommended square footage rates. She explained that the further an applicant gets 4 CITY COUNCIL MINUTES – APRIL 10, 2007 from the metro area, the rates should be lower. Ms. Bowers explained that she and staff would be happy to look at estimate configurations. Mr. Knisely also commented that the City was requiring that bonding be put in place for maintenance of the grass areas. He stated that this request is exclusive to Hutchinson and no other cities have required this. Mr. Knisely noted that he plans on using Hutchinson-based businesses to construct these sheds. Mayor Cook asked Mr. Knisely to develop a list to submit to the Council with his concerns and reconsiderations. The Council could then address his concerns at a future meeting. Council Member Stotts asked Miles Seppelt, EDA Director, if there were spaces available throughout the City for business owners that may wish to relocate from their home-based businesses to a separate building. Mr. Seppelt noted that there are. Mr. Sebora noted that there is a process in place and he feels that the process should be followed in this project as well (i.e preliminary plat, Planning Commission public hearing, City Council consideration, etc.). Mr. Knisely asked how he formally requests that the Council reconsider the use of storage exclusivity in the development. General discussion was held regarding the uses allowed in the I-1 district. Ms. Bowers explained that the information given to Mr. Knisely thus far has been informal feedback regarding the storage use. Actual imposition of restrictions would come from the application process through the conditional use permit. At this time, the direction of the Council remains the same, with preference of the sheds being for storage use only. In order for final decisions or restrictions to be made on the use, the applicant would have to go through the application process. UNFINISHED BUSINESS 9. (a)CONSIDERATION FOR APPROVAL OF APPOINTMENT OF CHRIS KOVACIC TO PLANNING COMMISSION BOARD UNTIL MARCH 2012 Mayor Cook noted that this item was tabled at the last meeting to allow the Council Members time to review the applicants that had shown interest in serving on the Planning Commission. Mayor Cook noted that he thinks the application process can be reviewed, however he hopes that this appointment can be made and from this point forward the process be revised if necessary. Council Member Haugen noted that he spoke with some of the current Planning Commissioners regarding the process used to make the Planning Commission appointment recommendation. The representatives he spoke to feel that the process followed is adequate. Council Member Peterson suggested that the appropriate board recommend an appointment to forward to the Mayor/Council for consideration. Mayor Cook also suggested that the staff member that works with the board or commission be included with recommendations. Council Member Peterson also noted that she would like to see all of the applications of interested persons. Motion by Mayor Cook to appoint Chris Kovacic be appointed to the Planning Commission, with the appointment process being revised from this point forward. Second by Haugen. Council Member Stotts noted that he feels there are long standing residents and business owners that he feel would be a good fit as well and should be considered for this appointment. Roll call vote was taken: Haugen – aye; Arndt – aye; Cook – aye; Peterson – nay; Stotts – nay. Motion carried 3 to 2. NEW BUSINESS 10. (a) CONSIDERATION FOR APPROVAL OF AWARDING CONTRACT TO LANDFORM TO COMPLETE HWY 7 CORRIDOR STUDY/AREA PLAN See minutes from Item 7(a). 5 CITY COUNCIL MINUTES – APRIL 10, 2007 Motion by Haugen, second by Cook, to approve awarding contract to Landform to complete the Hwy 7 Corridor Study/Area Plan, reducing the scope of the market study to a brief overview of attributes of sites appropriate for different uses. The total cost is estimated at $54,555. Haugen amended his motion to include the project cost at $60,555, which will include a full market study. Second by Cook. Motion carried unanimously. (b) DISCUSSION OF PUBLIC WORKS DEPARTMENT 2006 ANNUAL REPORT Kent Exner and John Olson presented an overview of the 2006 happenings of the Public Works group. This overview included the department reorganization, accomplishments in engineering, operations & maintenance and water/wastewater, projects and proposed projects. MISCELLANEOUS 11. (a)COMMUNICATIONS Jim Haugen – Council Member Haugen noted that in light of property valuations that have come out, he suggested having the County Assessor attend a Council meeting to try and address how the valuations have been computed. Gary Plotz noted that the Assessor has suggested providing this information in a work shop setting. The only caveat to that would be that no discussion on specific properties could be made. Motion by Stotts, second by Peterson, to amend the meeting location for the Board of Review hearing on May 2, 2007, to the Event Center. Discussion was held as to the various boards that could review property valuations. Gary Plotz noted that he had read some material that indicated the Dept. of Revenue could review property valuation information. Mayor Cook asked that Mr. Plotz check into this mechanism further. The Council requested that the County th Assessor attend the Council meeting on April 24 to address how property valuations are computed. Tore Simonsen, Clean Water Action, presented before the Council. He noted that he is in support of the Global Mitigation Act and expressed his reasonings why. Casey Stotts – Council Member Stotts noted that the Council needs to decide how far they wish to proceed with finding out the price of government, which includes a Budgeting for Outcomes project. Council Member Stotts noted that he personally feels that following the Budgeting for Outcomes project may lead the directors and other staff members down a road with results that the Council may not wish to implement. Council Member Haugen suggested having a workshop to discuss the Budgeting for Outcomes project. Council Member Stotts noted that he feels that the steps that have been taken thus far have been very beneficial. Council Member Peterson feels that parts of this process can pit departments against each other and suggested putting a hold on the project until the Council can meet with the BFO committee and staff members. Mayor Cook noted that the BFO committee met with the directors last week regarding the project. Additionally the directors discussed the project at their staff meeting last Monday. Gary Plotz noted that an individual from Public Strategies met with the directors last week to provide additional information on the budgeting for outcomes project. The Public Strategies representative noted she felt positive feedback from the directors, however with various levels of concerns in specific areas of the process. Dolf Moon noted that a couple of open houses have been held soliciting public involvement to work on a th result team for the project. The next session is scheduled for April 17. Mr. Moon noted that the BFO committee is at a point where direction of the project needs to be decided if implementation is going to go into effect 2008. Motion by Peterson, second by Arndt, to set a special City Council workshop on April 13, 2007, from 9:00 – 6 CITY COUNCIL MINUTES – APRIL 10, 2007 10:30 a.m. to discuss the budgeting for outcomes project. Motion carried unanimously. Council Member Stotts noted that concerns over property valuations should be directed to the County Assessor’s office. Gary Plotz noted that Casey Stotts is part of a committee to review the agent of record for the City of Hutchinson. Mr. Plotz invited an additional council member to be on this committee and listen to the proposals from those interested in serving as the agent of record. Kent Exner stated that a notice will be coming out with the utility bills regarding the water treatment plant start up. Mr. Exner also noted that the Hwy 7 project construction has been pushed back from starting April thrd 16 to April 23, if not later. This is due to the recent cold weather and road restrictions. Mayor Cook asked Mr. Exner to provide an overview of the calendar of events related to the Hwy 7 phase 2 construction project at the next Council meeting. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS 12. Motion by Arndt, second by Peterson, to approve claims, appropriations and contract payments. Motion carried unanimously. ADJOURN 13. Motion by Stotts, second by Peterson, to adjourn at 8:30 p.m. Motion carried unanimously. ATTEST: _______________________________________ _____________________________________ Steven W. Cook Gary D. Plotz Mayor City Administrator 7