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05-27-2008 CCMMINUTES REGULAR MEETING – HUTCHINSON CITY COUNCIL TUESDAY, MAY 27, 2008 CALL TO ORDER – 5:30 P.M. 1. Mayor Cook called the meeting to order. Members present were Casey Stotts, Kay Peterson, Bill Arndt and Jim Haugen. Others present were Ken Merrill, Finance Director, Kent Exner, City Engineer, and Marc Sebora, City Attorney. INVOCATION 2. – Rev. Randy Adams, Riverside Assembly of God Church, delivered the invocation. PLEDGE OF ALLEGIANCE 3. * PRESENTATION OF 2007 MINNESOTA SHADE TREE ADVISORY COMMITTEE PARTNERSHIP AWARD TO CITY OF HUTCHINSON AND ARBOR DAY PROCLAMATION Mark Schnobrich, City Forester, presented before the Council. Mr. Schnobrich explained a partnership between the City of Hutchinson and Hutchinson Utilities Commission. This partnership includes the planting of trees for energy conservation. The State Urban Forestry Council awarded a partnership award to the Hutchinson Utilities Commission for continuing to fund energy tree plantings, even though the State of Minnesota discontinued the program. Hutchinson Utilities Commission was also awarded the Tree Line USA Tree Award from the National Arbor Day Foundation for contributing to the energy tree planting program. *PRESENTATION BY STATE REPRESENTATIVE RON SHIMANSKI OF THE MINNESOTA SESQUICENTENNIAL FLAG FOR THE OAKLAND CEMETERY RESTORATION PROJECT GRANT AWARD John Olson, Public Works Manager, presented before the Council. Mr. Olson explained that Oakland Cemetery received a grant from the Sesquicentennial Committee. The grant will be used to clean and restore monuments within the cemetery. Rep. Ron Shimanski presented a flag to the City of Hutchinson in honor of the grant award to Oakland Cemetery. PUBLIC COMMENTS 4. MINUTES 5. (a)REGULARMEETING OF MAY 13, 2008 Motion by Haugen, second by Arndt, to approve the minutes as presented. Motion carried unanimously. CONSENT AGENDA 6. (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1.AIRPORT COMMISSION MINUTES FROM FEBRUARY 21, MARCH 20, AND APRIL 17, 2008 2. ECONOMIC DEVELOPMENT AUTHORITY BOARD MINUTES FROM APRIL 4, 2008 3. HUTCHINSON HOUSING & REDEVELOPMENT BOARD AUTHORITY MINUTES FROM APRIL 15, 2008 4. PLANNING COMMISSION MINUTES FROM APRIL 15, 2008 5. HUTCHINSON JOINT PLANNING BOARD MINUTES FROM APRIL 16, 2008 6. HUTCHINSON UTILITIES COMMISSION FINANCIAL REPORT FOR MARCH 2008 CITY COUNCIL MINUTES – MAY 27, 2008 7. CITY OF HUTCHINSON FINANCIAL REPORT FOR APRIL 2008 8. CITY OF HUTCHINSON INVESTMENT REPORT FOR APRIL 2008 (b) RESOLUTIONS AND ORDINANCES 1. RESOLUTION NO. 13412 – RESOLUTION FOR PURCHASE (COLORANT, BIO BAGS, BIODIESEL, AND UNLEADED GAS) 2. ORDINANCE NO. 08-0502 – ORDINANCE APPROVING SALE OF MUNICIPALLY-OWNED REAL PROPERTY (FORMER DASSEL MEDICAL CENTER BUILDING) (SECOND READING AND ADOPTION) 3. ORDINANCE NO. 08-0503 – ORDINANCE APPROVING AMENDMENTS TO THE HUTCHINSON HEALTH CARE BYLAWS RELATED TO COMMITTEE MEMBERSHIP (SECOND READING AND ADOPTION) 4. ORDINANCE NO. 08-0504 - ORDINANCE SUSPENDING ENFORCEMENT OF HUTCHINSON CITY ORDINANCE 92.18 PERTAINING TO HOURS OF CONSTRUCTION DURING THE TRUNK HIGHWAY 15 ROUNDABOUT PROJECT (WAIVE FIRST READING AND SET SECOND READING AND ADOPTION FOR JUNE 10, 2008) (c) PLANNING COMMISSION ITEMS 1. CONSIDERATION OF LOT SPLIT LOCATED AT 545/555 NORTHWOODS AVENUE NORTHEAST (LOT 3, BLOCK 1) TO ALLOW SEPARATE OWNERSHIP OF TWO EXISTING WALNUT RIDGE TOWNHOUSES, REQUESTED BY BRUCE NAUSTDAL WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION NO. 13402) 2. CONSIDERATION OF PRELIMINARY PLAT OF ENERGY PARK FOR DEVELOPMENT OF A NEW INDUSTRIAL PARK, LOCATED AT 765 RAILROAD STREET SOUTHEAST (STRITESKY PROPERTY) REQUESTED BY HUTCHINSON EDA WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION NO. 13403) 3. CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY OAK HEIGHTS COVENANT CHURCH TO ALLOW CONSTRUCTION OF A 1200 SQUARE FOOT ACCESSORY BUILDING IN THE R-1 DISTRICT (SINGLE FAMILY RESIDENTIAL) AT 1398 SOUTH GRADE ROAD SOUTHWEST WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION NO. 13404) 4. CONSIDERATION OF CONDITIONAL USE PERMIT TO ALLOW CONSTRUCTION OF A HEADSTART PRESCHOOL IN THE C-4 DISTRICT (FRINGE COMMERCIAL) AT 904 HIGHWAY 15 SOUTH REQUESTED BY JIM FAHEY, FAHEY SALES AGENCY, INC. WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION NO. 13405) 5. CONSIDERATION OF CONDITIONAL USE PERMIT TO ALLOW PLACEMENT OF RETAINING WALLS IN EASEMENTS LOCATED AT 1443 SOUTHFORK DRIVE SOUTHEAST REQUESTED BY LANDSCAPE CONCEPTS INC. AND JEROME AND BONITA SCHANIL WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION NO. 13406) 6. CONSIDERATION OF FINAL PLAT OF SOUTHWIND SECOND ADDITION SUBMITTED BY HUTCHINSON LAND HOLDINGS, LLC WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION NO. 13407) Item 6(c)4 was pulled for separate discussion. Motion by Peterson, second by Stotts, to approve Items 6(a) – 6(c), with the exception of Item 6(c)4. 2 CITY COUNCIL MINUTES – MAY 27, 2008 Motion carried unanimously. Item 6(c)4 had further discussion. Mayor Cook raised questions related to the structure of the building. He noted that the future planning of the Hwy 7/Hwy 15 commercial developments is to have certain specifications for structures. Rebecca Bowers, Planning/Zoning/Building Director, noted that the view from Hwy 15 and the proximity to the residential neighborhoods was the main discussion of the Planning Commission. The proposed building façade in the application was not identified. Mayor Cook noted that he would like to have the structure have a stucco façade to blend in with the current building. Council Members Arndt and Peterson noted that they would like to keep options open for the applicant and not become too restrictive as far as the specific type of façade that needs to be used. Motion by Peterson, second by Stotts, to approve Item 6(c)4. Roll call vote was taken: Haugen – aye; Arndt – aye; Peterson – aye; Stotts – aye; Cook – nay. Motion carried 4 to 1. (d) CONSIDERATION FOR APPROVAL OF DELETING ASSESSMENT – 951 GOLF COURSE ROAD NW (e) CONSIDERATION FOR APPROVAL OF ITEMS FOR 2008 PAVEMENT MANAGEMENT PROGRAM PHASE 2 PROJECT - LETTING NO. 5, PROJECT NO. 08-05 (ORDERING PREPARATION OF REPORT ON IMPROVEMENT AND RECEIVING REPORT AND CALLING HEARING ON IMPROVEMENT) (f) CONSIDERATION FOR APPROVAL OF ITEMS FOR TRUNK HIGHWAY 15 ROUNDABOUT PROJECT – LETTING NO. 1, PROJECT NO. 08-01 (DECLARING COST TO BE ASSESSED & ORDERING PREPARATION OF PROPOSED ASSESSMENT AND SETTING HEARING ON PROPOSED ASSESSMENT) (g) CONSIDERATION FOR APPROVAL OF ITEMS FOR NORTHEAST TRUNK STORM SEWER PHASE 2 AND SOUTHEAST TRUNK WATERMAIN & SANITARY SEWER EXTENSION PROJECTS (LETTING NO. 2, PROJECT NO. 08-02) (h) CONSIDERATION FOR APPROVAL OF LIGHTING UPGRADE FOR HUTCHINSON POLICE SERVICES (i) CONSIDERATION FOR APPROVAL OF PARADE PEDDLER’S PERMIT FOR GERALD JOHNSON TO SELL NOVELTIES DURING JAYCEE WATER CARNIVAL PARADE ON JUNE 15, 2008 (j) CONSIDERATION FOR APPROVAL OF JOINT POWERS AGREEMENT WITH SOUTH CENTRAL MINNESOTA REGIONAL RADIO BOARD (k) CONSIDERATION FOR APPROVAL OF SEEKING BIDS FOR CREEKSIDE SOILS BAG FILM (l) CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS Items 6(g) and 6(j) were pulled for separate action. Motion by Stotts, second by Peterson, to approve Items 6(d) – 6(l), with the exception of Items 6(g) and 6(j). Motion carried unanimously. Item 6(g) had further discussion. Kent Exner, City Engineer, noted that bids were received today for the Northeast Trunk Storm Sewer Phase 2 project. The bids came in very competitive and staff would like to keep this project moving along. Mr. Exner requested that the Council approve setting a hearing for June 24, 2008. However, Mr. Exner noted he will be presenting a petition and waiver to the property which may authorize waiving the assessment hearing and awarding the bid on June 10, 2008. Motion by Peterson, second by Stotts, to approve Resolution Nos. 13409 and 13410 declaring cost to be assessed and ordering preparation of proposed assessment and setting hearing on proposed assessment. Motion carried unanimously. 3 CITY COUNCIL MINUTES – MAY 27, 2008 Item 6(j) had further discussion. Dan Hatten, Police Chief, presented before the Council. Chief Hatten explained that the South Central Minnesota Regional Radio Board is a public safety radio infrastructure board, which is a digital system. The Board will bring agencies together that will be responsible for developing and implementing regional interoperability plans, policies & procedures, coordinating with the State Radio Board, acquiring property, applying for grants, establishing user fees and establishing committees. Motion by Haugen, second by Peterson, to appoint Council Member Stotts as the City’s representative to the Board, with Mayor Cook as the alternate to the South Central Minnesota Regional Radio Board. Motion carried unanimously. PUBLIC HEARINGS – 6:00 P.M. 7. (a)CONSIDERATION OF PETITION FOR ANNEXATION OF 16.8 ACRES INTO THE CITY OF HUTCHINSON FROM SECTION 31, HUTCHINSON TOWNSHIP, REQUESTED BY STEPHEN E. LEE AND CITY OF HUTCHINSON (WAIVE FIRST READING AND SET SECOND READING AND ADOPTION OF ORDINANCE NO. 08-0504 FOR JUNE 10, 2008) Rebecca Bowers, Planning/Zoning/Building Director, presented before the Council. Ms. Bowers noted that the City currently owns the southern portion of the site and Stephen Lee owns the northerly portion, hence a joint petition for annexation. The property will be annexed in as an R-1 zoned area (residential). th Carla Reinowski, 166 11 Ave NE, presented before the Council. Ms. Reinowski clarified the number of acres being annexed. Ms. Reinowski asked if the area was going to be developed or if it is solely for a stormwater pond. Ms. Bowers noted that the southerly part would not be planned for development, but for the purpose of constructing the pond. The northerly part could be developed by the private owner, but has no immediate plans for such. Motion by Arndt, second by Haugen, to close public hearing. Motion carried unanimously. Motion by Arndt, second by Haugen, to approve annexation of Lee property into the City of Hutchinson. Motion carried unanimously. (b)CONSIDERATION OF COMMENTS AND INPUT ON THE STORM WATER POLLUTION PREVENTION PLAN (SWPPP) FOR THE CITY OF HUTCHINSON John Paulson, Environmental Specialist, presented before the Council. Mr. Paulson reviewed the NPDES MS4 annual report. Mr. Paulson reviewed the permit process, implementation of the minimum control measures, which included public education and outreach, public participation and involvement, illiciting discharge detection and elimination, construction site stormwater runoff control, post-construction stormwater management, pollution prevention/good housekeeping as well as additional measures. Motion by Arndt, second by Peterson, to close public hearing. Motion carried unanimously. Motion by Arndt, second by Stotts, to approve Storm Water Pollution Prevention Plan. Motion carried unanimously. COMMUNICATIONS, REQUESTS AND PETITIONS 8. UNFINISHED BUSINESS 9. (a) CONSIDERATION FOR APPROVAL OF NON-ADMINISTRATIVE, HIGH RISK POLICIES AND PROCEDURES OF HUTCHINSON POLICE SERVICES These policies and procedures deal with officer conduct, unbiased policing, use of force, Taser program and vehicle pursuits. 4 CITY COUNCIL MINUTES – MAY 27, 2008 Motion by Arndt, second by Stotts, to approve policies and procedures of Hutchinson Police Services. Motion carried unanimously. (b) CONSIDERATION FOR APPROVAL OF LOCATION OF HUTCHINSON FARMERS’ MARKET Miles Seppelt, EDA Director, presented before the Council. Mr. Seppelt noted that the conversation of moving the Farmers’ Market has been evolving over the last few months. The Hutchinson Downtown st Association is proposing to move the Farmers’ Market from 1 Avenue between Main Street and Hassan stnd Street to Hassan Street between 1 Avenue and 2 Avenue. Mr. Seppelt noted that the Farmers’ Market manager is not necessarily happy with this location. Council Member Arndt also noted that the American Legion opened up their parking lot for the Farmers’ Market as well. st Motion by Haugen, second by Cook, to approve relocating Farmers’ Market to Hassan Street between 1 nd Avenue and 2 Avenue. Motion carried unanimously. NEW BUSINESS 10. (a) CONSIDERATION FOR APPROVAL OF RESOLUTION NO. 13411 – RESOLUTION REQUESTING INCREASED FUNDS FOR THE HUTCHINSON POLICE SERVICES DISPATCH CENTER FROM MCLEOD COUNTY Mayor Cook noted that this item was discussed at one of the last budget meetings and it was discussed at one of the last meetings with the County Board. Mayor Cook noted that if the Hutchinson Dispatch Center did not exist, it would cost the County approximately $300,000 more per year. In addition, Hutchinson and the county provide back up for each other.The proposed Resolution requests $50,000 in 2009, $75,000 in 2010, $100,000 in 2011, $125,000 in 2012 and a reasonable annual inflationary increase thereafter. Motion by Peterson, second by Arndt, to approve Resolution No. 13411, Resolution requesting increased funds for the Hutchinson Police Services Dispatch Center from McLeod County. Motion carried unanimously. (b) COMMUNICATION OF WELLHEAD PROTECTION PLAN STATUS PER MINNESOTA DEPARTMENT OF HEALTH’S REQUEST Kent Exner, City Engineer, explained that the Minnesota Department of health requested that the City regularly report the status of the previously approved Wellhead Protection Plan. John Paulson, Environmental Specialist, presented before the Council. Mr. Paulson briefly reviewed the purpose of the plan and described the contaminant sources and the wellhead protection strategies (c)CONSIDERATION FOR APPROVAL OF SETTING CITY COUNCIL WORKSHOP FOR JUNE 10, 2008, AT 4:00 P.M. TO REVIEW LOCAL GOVERNMENT AID UPDATES Ken Merrill, Finance Director, noted that due to the completion of the legislative session, the City will have preliminary information to review and consider by the Council. This information may impact the 2009 budget. Motion by Peterson, second by Cook, to set City Council workshop for June 10, 2008, at 4:00 p.m. to review local government aid updates. Motion carried unanimously. (d)CONSIDERATION FOR APPROVAL OF RESETTING POLICY GOVERNANCE WORKSHOP FROM MAY 28, 2008, TO JUNE 11, 2008, AT 4:00 P.M. Mayor Cook noted that the facilitator could not meet on May 28, 2008, at 4:00 p.m. hence the request to reschedule the workshop to June 11, 2008. Motion by Peterson, second by Haugen, to approve resetting Policy Governance workshop to June 11, 2008, at 4:00 p.m. at City Center. Motion carried unanimously. 5 CITY COUNCIL MINUTES – MAY 27, 2008 MISCELLANEOUS 11. Kent Exner – Mr. Exner explained that the City of Glencoe is seeking funding for a Morningside Avenue Safety Corridor project. This Corridor would connect to County Road 3 on the north side of Glencoe. This connection would address local traffic flow and safety issues. This connection would also benefit City of Hutchinson residents by improving the route connecting Hwy 22 to Hwy 212. Glencoe is seeking federal funding and Mr. Exner distributed a letter of support to submit on behalf of the City of Glencoe as part of their application in seeking federal appropriations. Motion by Stotts, second by Peterson, to approve Letter of Support for the Glencoe Morningside Avenue Safety Corridor. Motion carried unanimously. Mr. Exner spoke of upcoming projects and neighborhood meetings being held. John Olson – Mr. Olson provided an update on the mosquito control project. A treatment was to be applied last week, however was delayed and will be tacked on to the end of the season. Treatments will begin June 2 and will be applied on Monday evenings. If residents are interested in being on the “Do Not Spray” registry, they should contact the public works department. Casey Stotts – Mr. Stotts noted that Sandy McCormick spoke with him today regarding the lease agreement between the School District and the City related to hours of use of the park at Park Elementary. The consensus of the Council was to leave the lease agreement as is unless other neighbors to the park have issues. The lease appears to be working as intended. Mayor Cook – Mayor Cook suggested setting a workshop in the near future to talk about bigger projects in the City’s plan that need to be addressed. ADJOURN 12. Motion by Arndt, second by Peterson, to adjourn at 7:35 p.m. Motion carried unanimously. ATTEST: _______________________________________ _____________________________________ Steven W. Cook Gary D. Plotz Mayor City Administrator 6