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03-11-2008 CCMMINUTES REGULAR MEETING – HUTCHINSON CITY COUNCIL TUESDAY, MARCH 11, 2008 CALL TO ORDER – 5:30 P.M. 1. Mayor Cook called the meeting to order. Members present were Casey Stotts, Kay Peterson and Jim Haugen. Member absent was Bill Arndt. Others present were Gary Plotz, City Administrator, Kent Exner, City Engineer, and Marc Sebora, City Attorney. INVOCATION 2. – Due to the absence of Rev. Randy Freund, Faith Lutheran Church, the invocation was dispensed. PLEDGE OF ALLEGIANCE 3. PUBLIC COMMENTS 4. MINUTES 5. (a)REGULARMEETING OF FEBRUARY 26, 2008 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.HUTCHINSON PUBLIC LIBRARY BOARD MINUTES FROM JANUARY 28, 2008 2.PIONEERLAND LIBRARY SYSTEM MEETING MINUTES FROM JANUARY 17, 2008 3.FIRE DEPARTMENT MONTHLY REPORT FOR FEBRUARY 2008 4.PLANNING, ZONING AND BUILDING MONTHLY REPORT FOR FEBRUARY 2008 5.CITY OF HUTCHINSON FINANCIAL REPORT FOR JANUARY 2008 6.CITY OF HUTCHINSON INVESTMENT REPORT FOR JANUARY 2008 7.HUTCHINSON UTILITIES COMMISSION FINANCIAL REPORT FOR JANUARY 2008 (b)RESOLUTIONS AND ORDINANCES 1. RESOLUTION NO. 13357 – RESOLUTION FOR PURCHASE (BIODIESEL) 2. ORDINANCE NO. 08-0496 – AN ORDINACE AMENDING ZONING ORDINANCE SECTION 154.057 TO ALLOW BY RESERVATION SPECIAL EVENTS SPACE IN OWNER-OCCUPIED HOMES IN THE R-2 DISTRICT BY CONDITIONAL USE PERMIT AS REQUESTED BY AUDREY HOLLATZ WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (SECOND READING AND ADOPTION) 3. ORDINANCE NO. 08-0498 – AN ORDINANCE AMENDING HUTCHINSON CITY CODE SECTION 72.06(E) PERTAINING TO TRUCK PARKING RESTRICTIONS (WAIVE FIRST READING AND SET SECOND READING AND ADOPTION FOR MARCH 25, 2008) (c) CONSIDERATION FOR APPROVAL OF AGRICULTURAL LEASE AGEEMENT WITH MARVIN WILLHITE (d) REAPPOINTMENT OF JOHN PAULSEN AND JANET VACEK TO HUTCHINSON PUBLIC LIBRARY BOARD TO APRIL 2011 CITY COUNCIL MINUTES – MARCH 11, 2008 (e) CONSIDERATION FOR APPROVAL OF CITY POLICY NO. 3.33 – EMPLOYEE REVIEW OF PERSONNEL RECORD (f) CONSIDERATION FOR APPROVAL OF AGREEMENT WITH GARICK TO PURCHASE ORGANIC MATERIALS FROM CREEKSIDE COMPOST FACILITY (g) CONSIDERATION FOR APPROVAL OF LIQUOR LICENSE RENEWALS (h) CONSIDERATION FOR APPROVAL OF CHANGE IN DEPENDENT DEFINITION FOR EMPLOYER SPONSORED HEALTH AND DENTAL PLANS & CONSIDERATION OF COVERAGE COSTS (i) CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS Items 6(a) and 6(h) were pulled for separate discussion. Motion by Stotts, second by Peterson, to approve consent agenda with the exception of the items noted above. Motion carried unanimously. Item 6(a) had separate discussion. Mayor Steve Cook noted that the minutes from the Pioneerland Library System looked different from previously submitted and appear to be more of a summary. In addition, the minutes refer to a Resolution on LGA that he would like to know more about. He asked Gary Plotz to find out more before approving. Hutchinson Public Librarian, Mary Henke, could possibly provide more information. Motion by Peterson, second by Stotts, to table Item 6(a). Motion carried unanimously. Item 6(h) had further discussion. Mayor Cook asked of Brenda Ewing, Human Resources Director, if all employers are required to define the change in dependents. Ms. Ewing noted that her understanding was that all employers, both government and non-government, were effected by this federal law change. Motion by Haugen, second by Cook, to approve Item 6(h). Motion carried unanimously. PUBLIC HEARINGS – 6:00 P.M. 7. (a)CONSIDERATION FOR APPROVAL OF ORDINANCE NO. 08-0495 – AN ORDINANCE EXTENDING ON-SALE INTOXICATING LIQUOR SALES TO 2:00 A.M. (WAIVE FIRST READING AND SET SECOND READING AND ADOPTION FOR MARCH 25, 2008) Marc Sebora, City Attorney, noted that this item had been requested by the owners of the Lamplighter restaurant. A couple of years ago, the State of Minnesota extended liquor sales to 2:00 a.m., however the City has kept the liquor sale hours at 1:00 a.m. Police Chief Dan Hatten asked that the Council consider what the benefit is compared to the workload of the police/emergency services personnel. In 2005, the DWI arrests were 8/1000 and in 2007 the DWI arrests were 9/1000. Chief Hatten has concerns that the DWI arrests will increase if the sales are extended. Council Member Stotts noted that he was informed that the City of Litchfield has 2:00 a.m. liquor sales. Chief Hatten will research what hours other surrounding communities have for liquor sales. Motion by Peterson, second by Haugen, to close public hearing. Motion carried unanimously. Motion by Haugen, second by Peterson, to table this item to March 25, 2008. Motion carried unanimously. (b)CONSIDERATION FOR APPROVAL OF CONDITIONAL USE PERMIT TO ALLOW A MAXIMUM OF 40 CONDO UNITS IN SIX BUILDINGS WITH 4, 6, OR 8 UNITS WITH GARAGES UNDER 400 SQUARE FEET IN THE RAVENWOOD CONDO PLAT, REQUESTED BY ROGER DERRICK, COTTAGE HOMESTEADS Rebecca Bowers, Planning/Zoning/Building Director, presented before the Council. Mayor Cook noted that this item was tabled from the last meeting due to the plans being revised. Ms. Bowers reviewed the original 2 CITY COUNCIL MINUTES – MARCH 11, 2008 application and the revised request which included the flexibility of constructing six buildings versus five buildings, however sustaining the maximum of 40 units. A letter was submitted by the Ravenwood Association noting some concerns with the development in general and not necessarily specific to the request being considered. Roger Derrick, developer, explained to the Council how he will be addressing the issues noted by the Ravenwood Association. Motion by Peterson, second by Haugen, to close public hearing. Motion carried unanimously. Motion by Haugen, second by Stotts, to approve Resolution No. 13354, allowing a maximum of 40 condo units in six buildings with 4, 6, or 8 units with garages under 400 square feet in the Ravenwood Condo Plat. Motion carried unanimously. (c) CONSIDERATION FOR APPROVAL OF ORDINANCE NO. 08-0497 – AN ORDINANCE TO AMEND THE HUTCHINSON CITY CODE CHAPTER 54 AMENDING LANGUAGE IN SECTION 54.2 STORMWATER MANAGEMENT PLAN APPROVAL STANDARDS (WAIVE FIRST READING AND SET SECOND READING AND ADOPTION OF ORDINANCE NO. 08-0497 TO MARCH 25, 2008) Kent Exner, City Engineer, presented before the Council. Mr. Exner explained that the storm water management ordinance has been revised. John Paulsen, Environmental Specialist, presented before the Council. Mr. Paulsen reviewed the additional language put into the ordinance that pertain to the length and height of pond buffers and the placement of signs, routine and non-routine maintenance by landowners and the restriction of structures around the ponds. It was noted that this revised ordinance pertains to newly- constructed ponds. Motion by Haugen, second by Stotts, to close public hearing. Motion carried unanimously. Council Member Haugen asked if there are any alternatives to the 20 foot requirement, especially for smaller-sized lots. Kent Exner noted that the language in the ordinance does allow for some flexibility with the wording “average” of 20 feet or reviewed “on a case by case basis”. John Paulsen also noted that rain garden and underground systems would be options to a pond on small-size lots. Motion by Stotts, second by Peterson, to waive first reading and set second reading and adoption of Ordinance No. 08-0497 for March 25, 2008. Motion carried unanimously. COMMUNICATIONS, REQUESTS AND PETITIONS 8. UNFINISHED BUSINESS 9. NEW BUSINESS 10. (a) CONSIDERATION FOR APPROVAL OF SALE OF HALF OWNERSHIP OF NEW ENGINE 7 TO THE RURAL FIRE DISTRICT Council Member Casey Stotts noted that Fire Chief Emans was unavailable to be at the meeting tonight. Council Member Stotts explained that the fire department obtained a new fire truck in February. The rural fire district is extremely interested in partnering with the city in the ownership of the new truck. The proposal is to have the rural fire district pay for half of the new fire truck and have the City pay for half of the remaining cost of Engine 3 which is currently shared with the rural fire district. In the end, the City will receive $143,477.50 from the fire rural district. Mayor Cook noted that the money should go back into the excess bond fund. Motion by Peterson, second by Haugen, to approve sale of half ownership of new Engine 7 to the Rural Fire District with the proceeds going back into the excess bond fund. Motion carried unanimously. (b)CONSIDERATION FOR APPROVAL OF AIRPORT COMMISSION RESOLUTION John Olson, Public Works Manager, presented before the Council. Mr. Olson explained that the Airport Commission had three proposals for the Council to consider related to the airport’s layout. These proposals include including a crosswind runway, not including a double displacement runway extension and authorizing City staff to proceed with negotiations with AJA Aviation, LLC, to construct a commercial 3 CITY COUNCIL MINUTES – MARCH 11, 2008 hangar. Motion by Stotts, second by Peterson, to approve crosswind runway in airport layout plan. Motion carried unanimously. Final zoning and construction will not be done until the project is feasible and has secured funding, zoning and approval form State and Federal aviation authorities. Motion by Stotts, second by Haugen, to not include a double displacement runway extension in the airport layout plan. Motion carried unanimously. Motion by Stotts, second by Peterson, to approve drafting a lease document with AJA Aviation for a private commercial hangar. Motion carried unanimously. (c) CONSIDERATION FOR APPROVAL OF SETTING CITY COUNCIL WORKSHOP FOR APRIL 8, 2008, TO REVIEW VARIOUS SPRING/SUMMER PROJECTS The projects proposed to be discussed include Hwy 7 landscaping, Ehiem Park, Girl Scout Park, Hutchinson Utilities, Firemen’s Park, Pet Hospital site and Little Crow replacement. Motion by Haugen, second by Stotts, to approve City Council Workshop for April 8, 2008, at 4:00 p.m. to review various Spring/Summer projects. Motion carried unanimously. MISCELLANEOUS 11. Jim Haugen – Council Member Haugen noted that a case was recently decided in that board/commission member personal information is private. Marc Sebora, City Attorney, noted that the Dept. of Administration has classified that information as private and should only be give out if authorized by the board member. Gary Plotz – Mr. Plotz noted that the HUC is holding a breakfast meeting to discuss future needs of utility users. This meeting is March 18, 2008. Motion by Stotts, second by Peterson, to set March 18, 2008, at 7:00 a.m. at the HUC office as a public meeting. Motion carried unanimously. Mr. Plotz also noted that city staff and the mayor attended a telephone conference today regarding ISO9000. Mr. Plotz will present the information at an upcoming Council meeting. Kent Exner – Mr. Exner noted that the Hwy 15/North High Drive roundabout is happening and bids will be received mid-late May with construction beginning mid-late June. Mr. Exner also shared some information pertaining to the Gas Tax Bill. Hutchinson will receive $1.7 million over the next 10 years in transportation funding. Mayor Cook – Mayor Cook noted that he participated in the Citizen Police Academy and he encouraged others to apply to be part of the academy. Mayor Cook asked that Gary Plotz look into municipal bonding and see how it might affect the City. ADJOURN 12. Motion by Haugen, second by Peterson, to adjourn at 6:40 p.m. Motion carried unanimously. 4