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07-24-2007 CCMMINUTES REGULAR MEETING – HUTCHINSON CITY COUNCIL TUESDAY, JULY 24, 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 Kay Peterson. Council Member absent was Casey Stotts. Others present were Gary Plotz, City Administrator, Kent Exner, City Engineer, and Jody Winters for Marc Sebora, City Attorney. INVOCATION 2. – Rev. Adam Krumrie, Shalom Baptist Church, delivered the invocation. PLEDGE OF ALLEGIANCE 3. PUBLIC COMMENTS 4. Rena Pearson presented before the Council. Ms. Pearson requested that the city ordinance be changed to prohibit recreational vehicle parking in driveways. Ms. Pearson spoke about the hindrance this causes her in her neighborhood. She also noted that if a committee is established to review this issue, she would like to serve on it. MINUTES 5. (a)REGULARMEETING OF JULY 10, 2007 (b) BID OPENING MINUTES OF JULY 9, 2007 (SCHOOL ROAD PEDESTRIAN UNDERPASS) 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 OF APRIL 19, 2007, AND JUNE 21, 2007 2.HUTCHINSON PUBLIC LIBRARY BOARD MINUTES OF MAY 21, 2007 3.PLANNING COMMISSION MINUTES OF JUNE 19, 2007 4.HUTCHINSON AREA HEALTH CARE FINANCIAL REPORT FOR JUNE 2007 5.CITY OF HUTCHINSON FINANCIAL REPORT FOR JUNE 2007 6.CITY OF HUTCHINSON INVESTMENT REPORT FOR JUNE 2007 (b)RESOLUTIONS AND ORDINANCES 1.RESOLUTION NO. 13245 – RESOLUTION FOR PURCHASE (UNDERGROUND FIBER, STAINLESS WEIRS & BRACKETS, COMPOST BULK) 2. ORDINANCE NO.07-0466 – A SELF-PERPETUATING ORDINANCE ADOPTING BY REFERENCE THE MINNESOTA STATE BUILDING CODE (SECOND READING AND ADOPTION) (c) PLANNING COMMISSION ITEMS CITY COUNCIL MINUTES – JULY 24, 2007 1. CONSIDERATION OF PRELIMINARY AND FINAL PLAT (ONE LOT) JENSEN SECOND ADDITION WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION NO. 13240) 2. CONSIDERATION OF CONDITIONAL USE PERMIT TO ALLOW CONTRACTING RD BUSINESS IN THE C5 DISTRICT LOCATED AT 261 3 AVENUE NW WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION NO. 13242) 3. CONSIDERATION OF SITE PLAN REVIEW FOR O’REILLY AUTO PARTS STORE TO BE LOCATED AT 1500 HWY 15 SOUTH WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION NO. 13243) rd (d) CONSIDERATION FOR APPROVAL OF 33 ANNUAL ARTS & CRAFTS FESTIVAL TO BE HELD SEPTEMBER 14-15, 2007, IN LIBRARY SQUARE AND SURROUNDING STREETS (e)CONSIDERATION FOR APPROVAL OF IMPROVEMENT PROJECT CHANGE ORDER NO. 1 - LETTING NO. 6A, PROJECT NO. 05-20 (AIRPORT IMPROVEMENTS) (f)CONSIDERATION FOR APPROVAL OF AN EASEMENT GRANTING CROW RIVER GOLF CLUB THE RIGHT TO PLACE A DRIVEWAY OVER AND ABOVE CERTAIN PROPERTY LOCATED AT THE NORTH WATER TOWER, 958 GOLF COURSE ROAD NW (g)CONSIDERATION FOR APPROVAL OF ITEMS FOR THE NORTHEAST TRUNK STORM SEWER PHASE 2 – LETTING NO. 3, PROJECT NO. 07-03 (h)CONSIDERATION FOR APPROVAL OF AUTHORIZING REPLACEMENT OF ROOF AT EMERGENCY OPERATIONS CENTER (i)APPOINTMENTS/REAPPOINTMENTS TO TREE BOARD LAURA POSER TO APRIL 2009 (UNEXPIRED TERM OF MARV NISSEN) COREY STEARNS TO APRIL 2009 (EXPIRED TERM OF TIM SMITH) NEWT POTTER TO APRIL 2010 (REAPPOINTMENT) DALE REDETZKE TO APRIL 2010 (REAPPOINTMENT) MAYOR STEVE COOK (COUNCIL REPRESENTATIVE) Item 6(c)1, 6(f), 6(g) and 6(i) 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)1 had further discussion. Mayor Cook noted that more clarification and research needs to be completed on this item. Motion by Peterson, second by Arndt, to table this item to August 14, 2007. Motion carried unanimously. Item 6(f) had further discussion. Council Member Haugen recollected that the last issue regarding this matter was whether or not the driveway would be paved. Kent Exner, City Engineer, noted at this time the plan is for the driveway to be graveled. Mr. Exner noted that the city could require that it be paved if that was the Council’s wish. Council Member Haugen also suggested that language should be included in the 2 CITY COUNCIL MINUTES – JULY 24, 2007 easement noting that if the driveway is not used, or the building is removed that this driveway is accessing, the driveway should be removed. Motion by Haugen, second by Peterson, to approve the easement noting that the driveway will be removed if not used and the surfacing can be determined by city staff. Motion carried unanimously. Item 6(g) had further discussion. Mayor Cook asked if a public hearing needed to be called for this project. Kent Exner noted that after further discussion with the finance director, he is requesting that this item be tabled. Motion by Peterson, second by Arndt, to table Item 6(g). Motion carried unanimously. Item 6(i) had further discussion. Mayor Cook noted that he would like Laura Poser’s term to run to April 2008 in order to stagger the terms better. Motion by Cook, second by Arndt, to revise the term for Laura Poser to April 2008. Motion carried unanimously. Mayor Cook noted that a short-term gambling license had been submitted by the Ducks Unlimited for an event on September 5, 2007, at the Crow River Golf Club. Motion by Peterson, second Arndt, to approve the short-term gambling license for Ducks Unlimited on September 5, 2007. Motion carried unanimously. Miles Seppelt, EDA Director, presented before the Council. Mr. Seppelt requested that the Council approve authorization to obtain bids for the Customer Elation call center project. Motion by Arndt, second by Haugen, to approve obtaining bids for the Customer Elation call center project. Motion carried unanimously. PUBLIC HEARINGS – 6:00 P.M. - NONE 7. COMMUNICATIONS, REQUESTS AND PETITIONS 8. (a) UPDATE ON RECREATIONAL VEHICLES ORDINANCE RESEARCH – REBECCA BOWERS Rebecca Bowers, Planning/Zoning/Building Director, presented before the Council. Ms. Bowers noted that due to some residents’ concerns regarding recreational vehicle parking, the planning/zoning department conducted research in reference to how other communities regulate this type of parking. The research found that Litchfield, Glencoe, Fairmont and New Ulm do not regulate RV parking on private property, like Hutchinson. However, there is quite a bit of variety in how cities regulate this issue. Various regulations include limits on the number of recreational vehicles, parking only in the side or rear yard, parking on hard surfaces only, setbacks to lot lines, screening requirements and various requirements depending on the size or weight of vehicles. Mayor Cook noted that he received several calls on this issue. More than half of the calls received were in favor of allowing homeowners to park recreational vehicles on their private property. He suggested leaving the ordinance as is. Council Member Arndt noted concerns about those recreational vehicles that stay put all year round and never move. Rena Pearson spoke again about the recreational vehicle that is blocking the view from her home and taking away her rights. Council Member Peterson noted that there are garages in the city that block neighbors’ views as well. Motion by Arndt, second by Haugen, to establish a committee to review recreational vehicle parking and 3 CITY COUNCIL MINUTES – JULY 24, 2007 discuss various issues. Ms. Bowers suggested holding a public hearing to allow residents to be heard on this issue as well as to draw interest in serving on the committee. Motion by Arndt, second by Haugen to withdraw motion. Motion carried unanimously. Motion by Arndt, second by Haugen to set public hearing for August 28, 2007, at 6:00 p.m. to discuss recreational vehicle parking on private property. Motion carried unanimously. Jeremy Crosby, 1880 West Shore Drive, presented by the Council. Mr. Crosby noted that his house is for sale and the recreational vehicle will be removed when his house is sold and he moves. (b) PRESENTATION OF POTENTIAL LOCAL OPTION SALES TAX FUNDED PROJECTS Mayor Cook noted that over the last few months, a local option sales tax committee had been reviewing the benefits of local option sales tax. After researching, the committee recommended that a local option sales tax would be a very beneficial tool. City staff presented various projects that could be used and funded with a local sales tax. These projects include: Energy Park Drive (2500 foot road and lines to loop water and sanitary sewer with ponding and trunk storm water infrastructure); Les Kouba Parkway/West River Park/Gopher Campfire Sanctuary; South Grade Road trail extension; Washington Avenue improvements; downtown parking lots; water treatment plant & wastewater treatment facility expansion; Bernhagen Park (ballfield/soccer field complex); and family aquatic center. Mayor Cook suggested having a public hearing to discuss these projects and others. UNFINISHED BUSINESS 9. (a)CONSIDERATION FOR APPROVAL OF STATE OF MINNESOTA GRANT AGREEMENT FOR THE HUTCHINSON DAM REPLACEMENT PROJECT Motion by Arndt, second by Arndt, to approve the grant agreement with the State of Minnesota for the Hutchinson dam replacement project. Motion carried unanimously. NEW BUSINESS 10. (a)REVIEW OF CITY OF HUTCHINSON 2006 YEAR-END REPORT AND CONSIDERATION FOR APPROVAL OF ACCEPTING AUDIT REPORT Kyle Meyers, the city’s financial auditor of Abdo, Eick & Meyers, presented before the Council. Mr. Meyers very briefly reviewed the 2006 comprehensive annual financial report. Motion by Peterson, second by Haugen, to approve accepting 2006 audit report. Motion carried unanimously. (b)CONSIDERATION OF AMENDING SECTION 154.067 OF THE ZONING ORDINANCE ADDING SCHOOLS TO THE CONDITIONALLY PERMITTED USES IN THE I-1 (LIGHT INDUSTRIAL DISTRICT) WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (4-2 VOTE) (ADOPTING RESOLUTION NO. 13241 AND WAIVING FIRST READING AND SETTING SECOND READING AND ADOPTION OF ORDINANCE NO. 07-0467 FOR AUGUST 14, 2007) Rebecca Bowers, Planning/Zoning/Building Director, presented before the Council. Ms. Bowers explained that this item is a zoning ordinance amendment change to allow schools in the I1 district, which is the light industrial district. Some concerns raised at the Planning Commission level included whether or not an industrial area is appropriate for elementary students. The Planning Commission 4 CITY COUNCIL MINUTES – JULY 24, 2007 recommended approval of this item finding that the amendment would be consistent with the intent of the Comprehensive Plan as allowing schools as a conditional use in the I1 district would aid in training students and would be complementary to industrial uses and the change in the ordinance to add schools in I1 is necessary to modernize the ordinance to reflect the changing times and nature of education. Motion by Arndt, second by Peterson, to approve amending Section 154.067 of the zoning ordinance adding schools to the conditionally permitted uses in the I1 district. Motion carried unanimously. (c) CONSIDERATION FOR APPROVAL OF SETTING DATE FOR ANNUAL CITY RECOGNITION EVENT Brenda Ewing, Human Resources Director, presented before the Council. Ms. Ewing noted that September 13 & 20, 2007, are currently open at the Event Center for the event. Last year, the City provided a meal for the employee/commission member & guest as well as beverages. Motion by Arndt, second by Peterson, to set annual City recognition event for September 20, 2007, at 5:30 p.m. Motion carried unanimously. (d) CONSIDERATION FOR APPROVAL OF PROJECT AWARD FOR THE HUTCHINSON DAM REPLACEMENT – LETTING NO. 2, PROJECT NO. 07-02 Kent Exner, City Engineer, presented before the Council. Mr. Exner noted that the lowest responsible bidder was Park Construction Company of Hampton, Minnesota (the lowest bidder was Veit & Company, Inc. whom failed to acknowledge Addendum No. 2). The total bid came in at $1,043,198.65. Staff is recommending to eliminate alternate number 3, which is downstream riffle No. 11 in the amount of $96,848.80. With design, engineering and testing, the project cost is estimated at $1,175.000. The funding sources for the project would be derived from a $475,000 DNR grant with $700,000 coming from excess bond funds. Final completion date is estimated for December 15, 2007. Motion by Peterson, second by Arndt, to approve project award to Park Construction Company for the Hutchinson dam replacement project, adopting Resolution No. 13247. Motion carried unanimously. MISCELLANEOUS 11. (a)COMMUNICATIONS Chief Dan Hatten noted that the price that was approved for the replacement roof at the EOC came in lower than anticipated. However, the boiler at the police department needs to be replaced and he wanted the Council to be aware that the plan was to use the excess funds from the roof replacement budget item. Motion by Arndt, second by Cook, to approve using the funds in this manner. Motion carried unanimously. Jim Haugen – Council Member Haugen initiated conversation related to administrative citations. Chief Hatten spoke about semi-tractor trailer parking on roadways and the police department’s actions in having the owners be compliant with the ordinance. Bill Arndt – Council Member Arndt urged residents to water boulevard trees. Gary Plotz – Mr. Plotz noted that efforts have been made to clean out the fishkill by the dam. City employees Dave Telecky, Joe Turner and Aaron Rassett were heavily involved in cleaning this area out along with a contractor. Mr. Plotz also noted that the city’s special counsel on the hospital privatization project can be available July 31, 2007, at 6:15 p.m. as previously set. 5 CITY COUNCIL MINUTES – JULY 24, 2007 Mr. Plotz also noted that he distributed a survey on assessing activities throughout various cities. Five of the cities surveyed assess in-house. Seven cities contract with the county at a fee. 10 cities contract with the county at no fee. Kent Exner – Mr. Exner noted that all of the pipe work was completed last week on Hwy 7 and roadway paving will begin next week. Steve Cook – Mayor Cook noted that due to the budget situation for 2008 (potential shortfall of $600,000), he inquired of the Council as to whether or not they would be interested in not filling any new positions or vacant positions unless specifically approved by the Council. He suggested having a moratorium on filling positions until the 2008 budget is clearer, but give the City Administrator the authority to fill critical or essential needs. Brenda Ewing reviewed the positions that are open/vacant for 2007. These include: two part-time dispatch positions, one part-time police officer, one full-time police officer, one full-time park maintenance operator and one full-time heavy equipment operator. There may be possible retirements to consider as well. Council Member Peterson suggested leaving the decision of filling these positions up to the department heads as they know what is most critical and needed for their department. Motion by Cook to implement a temporary moratorium on filling any positions as discussed until the Council gets a better handle on the 2008 budget. Motion failed for lack of a second. Council Member Haugen noted that he feels the employment decisions should be left to the City Administrator and department heads. Mayor Cook noted that current policy really leaves filling a vacancy in a budgeted position up to the directors and not the City Administrator. City Administrator Plotz concurred. 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 Arndt, second by Haugen, to adjourn at 7:55 p.m. Motion carried unanimously. 6