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06-26-2007 CCMMINUTES REGULAR MEETING – HUTCHINSON CITY COUNCIL TUESDAY, JUNE 26, 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 Ken Merrill, Finance Director, Kent Exner, City Engineer, and Marc Sebora, City Attorney. INVOCATION 2. – Rev. Howard Anderson, Hunter’s Ridge Community Church, delivered the invocation. PLEDGE OF ALLEGIANCE 3. PROCLAMATION DECLARING JULY 17, 2007, AS DOMESTIC VIOLENCE AWARENESS DAY IN THE CITY OF HUTCHINSON PUBLIC COMMENTS 4. Loren Burkett presented before the Council. Mr. Burkett thanked Hutchinson for its hospitality. The Burketts worked in the City through Habitat for Humanity. Julie Lofdahl, Crow River Habitat, spoke on behalf of the Habitat, again thanking the community for their support. Bob Streich, 402 Alan Street, presented before the Council. Mr. Streich raised concerns about RV parking on private property. He feels this is a safety hazard, as well as an eyesore. Mr. Streich presented some pictures of an RV that is parked a few houses down from him and is parked there year round. Rebecca Bowers, Planning/Zoning/Building Director, will see how other communities address this issue. MINUTES 5. (a)REGULARMEETING OF JUNE 12, 2007 Motion by Stotts, second by Arndt, to approve the minutes as presented. Motion carried unanimously. CONSENT AGENDA 6. (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1.PIONEERLAND LIBRARY SYSTEM BOARD MINUTES FROM MAY 17, 2007 2.HUTCHINSON POLICE COMMISSION MINUTES FROM JUNE 12, 2007 3.PLANNING COMMISSION MINUTES FROM MAY 15, 2007 4.CITY OF HUTCHINSON FINANCIAL REPORT FOR MAY 2007 5.CITY OF HUTCHINSON INVESTMENT REPORT FOR MAY 2007 (b)RESOLUTIONS AND ORDINANCES 1. RESOLUTION NO. 13224 – RESOLUTION IN SUPPORT OF PAVING LUCE LINE TRAIL 2. ORDINANCE NO. 07-0461 – AN ORDINANCE VACATING UTILITY AND DRAINAGE EASEMENTS LOCATED BETWEEN LOTS 20 AND 21, BLOCK 1, STONEY POINT ADDITION (SECOND READING AND ADOPTION – FIRST READING HELD MARCH 27, 2007) (c) PLANNING COMMISSION ITEMS CITY COUNCIL MINUTES – JUNE 26, 2007 1. CONSIDERATION FOR APPROVAL OF LOT SPLITS AT 1170 AND 1180 BLUEJAY DRIVE SW IN RAVENWOOD WEST WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION NO. 13225 & 13226) 2. CONSIDERATION FOR APPROVAL OF LOT SPLIT FOR A LOT LINE ADJUSTMENT BETWEEN 1350 AND 1360 JEFFERSON STREET SE WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION NO. 13227) 3. CONSIDERATION FOR APPROVAL OF CONDITIONAL USE PERMIT REQUESTED BY PROVESTA FOR CONSTRUCTION OF A BUILDING ADDITION AT 35 ADAMS STREET NE WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION NO. 13228) 4. CONSIDERATION FOR APPROVAL OF PRELIMINARY AND FINAL PLAT FOR HAHN’S ADDITION TO MARYVIEW LOCATED AT 880 LAKEWOOD DRIVE SW SUBMITTED BY VERN HAHN WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION NO. 13229) 5. CONSIDERATION FOR APPROVAL OF ZONING ORDINANCE AMENDMENT TO ADD SOLAR STRUCTURES AND WIND ENERGY CONVERSION SYSTEMS AS EXCEPTIONS TO HEIGHT LIMITATIONS WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (WAIVE FIRST READING AND SET SECOND READING AND ADOPTION OF ORDINANCE NO. 07-0465 FOR JULY 10, 2007) (d) CONSIDERATION FOR APPROVAL OF SHORT-TERM 3.2 MALT LIQUOR LICENSE FOR RC PROMOTIONS ON JULY 13 & 14, 2007, AT MCLEOD COUNTY FAIRGROUNDS (TRACTOR PULL) (e) CONSIDERATION FOR APPROVAL OF TEMPORARY LIQUOR LICENSE FOR AMERICAN LEGION POST 96 ON JULY 7, 2007, AT THE MCLEOD COUNTY FAIRGROUNDS (f) CONSIDERATION FOR APPROVAL OF IMPROVEMENT PROJECT CHANGE ORDER NO. 7, LETTING NO. 2/PROJECT NO. 06-02 (WATER TREATMENT PLANT) (g)CONSIDERATION FOR APPROVAL OF AMENDMENT NO. 1 TO MN/DOT COOPERATIVE AGREEMENT NO. 88803-R FOR SCHOOL ROAD PEDESTRIAN UNDERPASS CONSTRUCTION (h)CONSIDERATION FOR APPROVAL OF ITEMS FOR OLD ARMORY DUMP SITE CLOSURE (i)CONSIDERATION FOR APPROVAL OF AN AMENDMENT TO THE DESIGN SERVICES AGREEMENT WITH DONOHUE & ASSOCIATES, INC. FOR THE WASTEWATER TREATMENT FACIILTY IMPROVEMENTS (LETTING NO. 4, PROJECT NO. 07-04) (j)CONSIDERATION FOR APPROVAL OF CELLULAR PHONE SERVICE PROVIDER CHANGE (k)CONSIDERATION FOR APPROVAL OF ENTERING INTO GRANT AGREEMENT WITH THE STATE OF MINNESOTA FOR WASTEWATER TREATMENT PLANT IMPROVEMENTS Items 6(c)3 and 6(j) were pulled for separate discussion. Motion by Haugen, second by Stotts, to approve consent agenda with the exception of the items noted above. Motion carried unanimously. Item 6(c)3 had further discussion. Mayor Cook asked if there was any more than encouragement by staff to improve the parking area. Rebecca Bowers noted that due to the site’s circumstances, staff did not feel it was necessary to require improved parking. Provesta is not expanding to the front of the line of their building. 2 CITY COUNCIL MINUTES – JUNE 26, 2007 Motion by Arndt, second by Haugen, to approve Item 6(c)3. Motion carried unanimously. Item 6(j) had further discussion. Council Member Arndt asked if there was a major reason as to the City’s consideration for changing cell phone providers. Tom Kloss, IT Director, addressed the Council. Mr. Kloss explained that the City is currently provided with service by Midwest Wireless. Midwest Wireless has been bought out by AllTel. Due to this transaction, there is no certainty as to what the new rates will be with AllTel. Sprint has made an offer which will actually reduce the cost to the City’s cell phone bills. In addition, Sprint’s coverage area is greater. Motion by Arndt, second by Stotts, to approve Item 6(j). Motion carried unanimously. PUBLIC HEARINGS – 6:00 P.M. 7. (a) CONSIDERATION FOR APPROVAL OF AMENDMENT TO ORDINANCE NO. 07-0464 – AMENDMENTS TO AN ORDINANCE ESTABLISHING THE PUBLIC ARTS COMMISSION (WAIVE FIRST READING AND SET SECOND READING AND ADOPTION FOR JULY 10, 2007) Rebecca Bowers, Planning/Zoning/Building Director, presented before the Council. Ms. Bowers presented an amended ordinance establishing the Public Arts Commission. The amendments include having the Commission become a permanent commission and amending the composition of the Commission. In addition, a section was added under the Duties section. This new section addresses the Commission implementing policies and procedures. Motion by Arndt, second by Stotts, to close public hearing. Motion carried unanimously. Motion by Haugen, second by Arndt, to waive first reading and set second reading and adoption of Ordinance No. 07-0464 for July 10, 2007. Motion carried unanimously. Motion by Arndt, second by Stotts, to appoint Jim Haugen as the Council Member representative to the Public Arts Commission. Motion carried unanimously. Mayor Cook mentioned that funding of public arts is something to consider now that a formal Commission has been established. Mayor Cook noted that some cities include fees with development agreements. Rebecca Bowers noted that she is familiar with cities including a fee to be included with parkland dedication fees. COMMUNICATIONS, REQUESTS AND PETITIONS 8. (a) PRESENTATION OF AWARD FOR THE WATER TREATMENT PLANT CONSTRUCTION (LETTING NO. 4, PROJECT NO. 07-04) Kent Exner, City Engineer, presented before the Council. The United States Environmental Protection Agency has presented an award to the City of Hutchinson for the new water treatment plant construction for “showing exceptional creativity in designing projects that promote sustainability and protect public health”. City staff and project consultant representatives from EarthTech accepted the award on the City’s behalf. UNFINISHED BUSINESS 9. NEW BUSINESS 10. (a) UPDATE ON HWY 7 CORRIDOR STUDY AND INFORMATION FROM OPEN HOUSE 3 CITY COUNCIL MINUTES – JUNE 26, 2007 Rebecca Bowers, Planning/Zoning/Building Director, presented before the Council. Ms. Bowers noted that an open house was held on June 6, 2007, to obtain residents’ input on the Hwy 7 Corridor. Feedback received including the favoring of multi-story residential/commercial buildings, as well as open space and uses similar to downtown. Ms. Bowers further briefly reviewed the summary of the open house prepared by the consultant. (b) PRESENTATION BY CITY ATTORNEY MARC SEBORA ON PROPOSED ORDERLY ANNEXATION AGREEMENT WITH AREA TOWNSHIPS Marc Sebora, City Attorney, presented before the Council. Mr. Sebora noted that staff has been dealing with an issue related to annexation of neighboring townships for the last couple of years. In August 2005, Lynn Township and the City of Hutchinson entered into an orderly annexation agreement with the City. At that time, the same agreement was presented to Acoma, Hassan Valley and Hutchinson townships, however they chose not to enter into it. Instead, those townships presented a revised version of an orderly annexation agreement for the City to consider. This agreement was much broader in scope compared to what the City and Lynn Township entered into. Recently, city staff and the mayor met with the area townships to discuss the annexation issues. Mr. Sebora raised concerns as to some of the details in the agreement presented by the townships. Mr. Sebora was seeking direction from the Council as to whether or not they wish to proceed with annexation discussions. Motion by Arndt, second by Stotts, to reject the proposed annexation agreement presented by Attorney Bob Ruppe on behalf of Acoma, Hassan Valley and Hutchinson Townships. Mayor Cook asked Rebecca Bowers if she had ever received feedback from township officials regarding annexation agreements. Ms. Bowers stated she only received some information at the meeting held the end of May with township officials. The comments were more related to developments that occur right outside the city limits as opposed to an actual annexation agreement. Mayor Cook suggested instead of ending all discussions with the three area townships, maybe some City officials could present the Lynn Township agreement again to the other townships to determine what their needs are. Jim Lauer, Lynn Township representative to the Joint Planning Commission, presented before the Council. Mr. Lauer provided some history as to how the current Lynn Township annexation agreement was created. Mr. Lauer noted that Lynn Township is satisfied with the current agreement, however would be open to consideration of a revised agreement dependent on the make-up of it with the other townships. Tom Wirt, Hutchinson Township representative to the Joint Planning Commission, presented before the Council. Mr. Wirt noted that Hutchinson Township was somewhat surprised at the revised annexation agreement that had been presented by the firm of MacArthur, Couri & Ruppe. However, Hutchinson Township’s attorney noted that the “Lynn Township” annexation agreement does need to be tightened up somewhat. Motion carried unanimously. Mayor Cook suggested one Council Member, Rebecca Bowers and Marc Sebora meet with a representative from each township to see what their requests might be. However, if any agreement is entered into, it should somewhat resemble the agreement that the City has with Lynn Township. (c) DISCUSSION OF THE U.S. MAYORS CLIMATE PROTECTION AGREEMENT Mayor Cook noted that the crux of this agreement is to take an inventory of the City’s resources and greenhouse gas emissions and create a plan in how to reduce them. Motion by Stotts, second by Cook, to enter into the Mayors climate protection agreement. Motion carried unanimously. MISCELLANEOUS 11. (a)COMMUNICATIONS Ken Merrill, Finance Director, requested a Council workshop be held to review the auditor’s report. Mr. 4 CITY COUNCIL MINUTES – JUNE 26, 2007 Merrill requested a workshop be scheduled for July 24, 2007, at 4:15 p.m. Motion by Haugen, second by Arndt, to schedule a Council workshop for July 24, 2007, at 4:15 p.m. to review the audit. Motion carried unanimously. Ken Merrill also noted that at a workshop earlier today the Council reviewed the 2008 budget parameters. Mr. Merrill noted that due to the vetoing of the tax bill, Hutchinson will be receiving $206,000 less in LGA. In addition, another $200,000 may be reduced in income received from fees. The Council reviewed possible actions to take to address these losses. The Council directed staff to review many alternatives in how to reduce the 2008 budget. Kent Exner – Mr. Exner provided an update on the Hwy 7 construction project. He noted that the Shady Ridge Road/Hwy 7 intersection is completely closed and will be for the next 3-4 weeks. General discussion was held in regard to the construction of the Hwy 7 pedestrian underpass and Crow River Dam replacement. nd Mayor Cook noted that the owner of the brick house located on 2 Avenue abutting the City Center property has approached the City to seek interest in whether or not they are interested in purchasing. With the budget issues and lack of any formal need or plan for the property, the consensus of the council was that this was not a good time to consider the purchase. Mayor Cook will inform the owner that the city is not interested at this time. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS 12. Motion by Arndt, second by Stotts, to pay claims, appropriations and contract payments. Motion carried unanimously. ADJOURN 13. Motion by Stotts, second by Arndt, to adjourn at 7:10 p.m. Motion carried unanimously. ATTEST: _______________________________________ _____________________________________ Steven W. Cook Gary D. Plotz Mayor City Administrator 5