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06-24-2008 CCMMINUTES REGULAR MEETING – HUTCHINSON CITY COUNCIL TUESDAY, JUNE 24, 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. Council Member absent was Bill Arndt. Others present were Gary Plotz, City Administrator, Kent Exner, City Engineer, and Marc Sebora, City Attorney. INVOCATION 2. – Rev. Jon Lindekugel, Christ the King Lutheran Church, delivered the invocation. PLEDGE OF ALLEGIANCE 3. PUBLIC COMMENTS 4. Jon Burks, 956 Osgood Avenue, presented before the Council. Mr. Burks commented on the mosquito control program. Mr. Burks noted that last year the program worked very well, however this year the mosquitoes are terrible. He has learned that one resident on his block has opted out of the program, therefore the entire block does not get sprayed. Mr. Burks noted that he does not believe that is fair to the other residents on the block that wish to have their area sprayed for mosquitoes. John Olson, Public Works Manager, explained that the opt-out program for one resident could include having other properties being excluded from the program due to their location. Mr. Burks noted that he asked the mosquito control operator to come back and spray his street, which occurred. This made a world of difference on the effects of the mosquitoes. He requested that the spray go to his property line even though his neighbor has opted out of the program. MINUTES 5. (a)BID OPENING MINUTES FROM JUNE 16, 2008 (CREEKSIDE BAG FILM) (b)REGULARMEETING OF JUNE 10, 2008 Motion by Stotts, second by Peterson, to approved the minutes as presented. Motion carried unanimously. CONSENT AGENDA 6. (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1.PUBLIC ARTS COMMISSION MINUTES FROM FEBRUARY 14, 2008 2. HUTCHINSON HOUSING & REDEVELOPMENT AUTHORITY BOARD MINUTES FROM MAY 20, 2008 3. PLANNING COMMISSION MINUTES FROM MAY 20, 2008 4. BUILDING DEPARTMENT MONTHLY REPORT FOR MAY 2008 5. CITY OF HUTCHINSON FINANCIAL REPORT FOR MAY 2008 6. CITY OF HUTCHINSON INVESTMENT REPORT FOR MAY 2008 (b) RESOLUTIONS AND ORDINANCES 1. RESOLUTION NO. 13428 – RESOLUTION TO APPROPRIATE FOUND PROPERTY TO CITY COUNCIL MINUTES – JUNE 24, 2008 DEPARTMENT USE FOR HUTCHINSON POLICE SERVICES 2. RESOLUTION NO. 13437 - RESOLUTION FOR PURCHASE (SHRINK WRAP, PALLET SOCKS, CHIPPED WOOD PALLETS) (c) PLANNING COMMISSION ITEMS 1. CONSIDERATION OF CONDITIONAL USE PERMIT TO ALLOW CONSTRUCTION OF A BUILDING TO HOUSE A CAR DETAILING BUSINESS LOCATED IN THE INDUSTRIAL/COMMERCIAL DISTRICT AT 205 MONROE STREET SE REQUESTED BY SCOTT HAAG WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION NO. 13429) 2. CONSIDERATION OF VACATION OF EASEMENTS AND PRELIMINARY AND FINAL PLAT OF RIVERPOINTE VILLAS (FORMERLY KOTTKE COURT) SUBMITTED BY HAGEN BUILDERS WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION NO. 13430 AND WAIVE FIRST READING AND SET SECOND READING AND ADOPTION OF ORDINANCE NO. 08-0506 FOR JULY 8, 2008) 3. CONSIDERATION OF VARIANCE TO ALLOW A REAR YARD SETBACK OF 10 FEET WHERE 15 FEET IS REQUIRED FOR A GARAGE ADDITION AT 506 GLEN STREET SW REQUESTED BY GREG AND CARLA WEGNER WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION NO. 13431) 4. CONSIDERATION OF CONDITIONAL USE PERMIT TO ALLOW A TOWING BUSINESS IN THE FRINGE COMMERCIAL DISTRICT LOCATED AT 1203 MAIN STREET NORTH REQUESTED BY GORDON EVENSON, FIRST CLASS TOWING, AND CALVIN HANSEN WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION NO. 13432) 5. CONSIDERATION OF ZONING ORDINANCE AMENDMENT TO CREATE MIXED USE DISTRICT WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (WAIVE FIRST READING AND SET SECOND READING AND ADOPTION OF ORDINANCE NO. 08-0507 FOR JULY 8, 2008) 6. CONSIDERATION OF A SITE PLAN SUBMITTED BY ROBERT WENDORFF FOR DEVELOPMENT OF PROPERTY LOCATED AT 6 FRANKLIN STREET NW FOR CONSTRUCTION OF AN INSURANCE BUILDING AND DENTAL CLINIC WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION NO. 13433) (d) CONSIDERATION FOR APPROVAL OF SHORT-TERM 3.2 MALT LIQUOR LICENSE FOR RC PROMOTIONS ON JULY 11 & 12, 2008, AT THE MCLEOD COUNTY FAIRGROUNDS (TRACTOR PULL) (e) CONSIDERATION FOR APPROVAL OF ADDENDUM TO DENTAL PLAN SUMMARY PLAN DOCUMENT (f) CONSIDERATION FOR APPROVAL OF CHANGE ORDER NO. 5 – LETTING NO. 4, PROJECT NO. 07-04 (WASTEWATER TREATMENT FACILITY IMPROVEMENTS) (g)CONSIDERATION FOR APPROVAL OF ITEMS FOR 2008 PAVEMENT MANAGEMENT PROGRAM PHASE 2 - LETTING NO. 5, PROJECT NO. 08-05 (DECLARING COST TO BE ASSESSED & ORDERING PREPARATION OF PROPOSED ASSESSMENT AND SETTING HEARING ON PROPOSED ASSESSMENT) (h) CONSIDERATION FOR APPROVAL OF AGREEMENT FOR PURCHASE OF CHIPPED WOOD PALLETS BETWEEN NORTHLAND PALLETS AND CREEKSIDE COMPOST FACILITY (i) CONSIDERATION FOR APPROVAL OF REVISED ASSESSMENT ROLL – 2008 PAVEMENT 2 CITY COUNCIL MINUTES – JUNE 24, 2008 MANAGEMENT PROGRAM – PHASE 1 (LETTING NO. 5, PROJECT NO. 08-05) (j) SUBMITTAL OF MUNICIPAL OPERATIONS ENERGY CONSERVATION UPDATE (k) CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS Items 6(c)2, 6(c)5, 6(c)6, and 6(j) 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(c)2 had further discussion. Rebecca Bowers, Planning/Zoning/Building Director, noted that a revised Resolution has been distributed which removes the last condition originally imposed. Ms. Bowers also noted that the Planning Commission wanted to pass on to all homeowners in the subdivision that the streets are private. Motion by Haugen, second by Stotts, to approve revised Resolution No. 13430. Motion carried unanimously. Item 6(c)5 had further discussion. Mayor Cook asked about the 10 foot setback from the front of the street. He also questioned the discussion on site lines. Ms. Bowers noted that staff would be reviewing submittals on a case by case basis. Staff has the ability to alter these items due to safety and other issues. Motion by Stotts, second by Cook, to approve Item 6(c)5. Motion carried unanimously. Item 6(c)6 had further discussion. Rebecca Bowers, Planning/Zoning/Building Director, explained that a last-minute site plan came in which revises the original plan. The revised site plan has two separate buildings as opposed to one large building originally proposed. The reason for the revision is due to building code requirements that became cost-prohibitive for the applicant for one large building. Motion by Peterson, second by Stotts, to approve Item 6(c)6. Motion carried unanimously. Item 6(j) had further discussion. Mayor Cook commented on the report that was submitted. Mayor Cook suggested including measurements into the report, as well as incorporating goals. He suggested having target goals (i.e. % reduction in fuel). Kent Exner noted he will bring this suggestion back to the group of directors that put the report together to incorporate measurements and goals into future reports. Motion by Stotts, second by Cook, to approve Item 6(j). Motion carried unanimously. PUBLIC HEARINGS – 6:00 P.M. – NONE 7. COMMUNICATIONS, REQUESTS AND PETITIONS 8. Joe Sullivan, CGMC, presented before the Council.Mr. Sullivan provided an update on the legislative session that ended in May. Mr. Sullivan specifically spoke on the local government aid legislation that went into effect. Overall, an increase of $42 million was achieved in LGA. This means an approximate increase for Hutchinson in the amount of $160,000. Mr. Sullivan cautioned the Council on the December LGA payment as it is possible that the funds may not be available. Mr. Sullivan then reviewed changes made in the legislature related to transportation, annexation, and economic development. Mr. Sullivan noted that Mayor Cook was very instrumental in the strides made with the LGA legislation and he will be recognized at the CGMC annual conference. UNFINISHED BUSINESS 9. NEW BUSINESS 10. (a) CONSIDERATION FOR APPROVAL OF PENSION INCREASE FOR HUTCHINSON FIRE 3 CITY COUNCIL MINUTES – JUNE 24, 2008 DEPARTMENT RELIEF ASSOCIATION Jim Brodd, Vice President Fire Relief Association, and Gary Forcier, President, presented before the Council. Mr. Brodd noted that the Fire Relief Association is requesting that the City Council approve the monthly benefit increase of $2.00 per year of service per month based on the January 1, 2008, actuarial. This increase would achieve a $15.00/monthly pension for year of service. The pension fund aids in retaining firefighters. Mr. Brodd noted that in 2005 when a report was completed by the state, the Relief Assocation was the second highest funded association, however ranked 11 out of 24 for the monthly benefit. The pension fund is currently funded at 79%. Marc Sebora explained that if the fund was underfunded or had a shortfall, the County Auditor can assess a tax to the taxpayers to make up the difference. Steve Snapp, investment manager for the Relief Association, presented before the Council. Mr. Snapp reviewed the investment market. Mr. Snapp noted that the association, historically, has broken even on the pension demands and have added funds in the last three years. Motion by Peterson, second by Haugen, to approve the $2.00 pension increase for the Relief Association. Stotts abstained. Mayor Cook noted that he feels a $1.00 increase is his preference. Roll call vote was taken: Haugen – aye; Peterson – aye; Cook – nay. Motion carried 2 to 1. (b) CONSIDERATION FOR APPROVAL OF 2008 GREATER MINNESOTA BUSINESS DEVELOPMENT PUBLIC INFRASTRUCTURE GRANT PROGRAM BIOMASS ENERGY APPLICATION FOR HUTCHINSON UTILITIES COMMISSION Mayor Cook explained that this is a grant application for a plasma energy project the Hutchinson Utilities Commission is undertaking. HUC had requested funding from the legislature this year, however the bill failed. The Department of Employment and Economic Development has offered a grant for the gasification project. Funding will be coming from various contributors. The application procedure requires action from the Council. Motion by Stotts, second by Peterson, to approve the 2008 Greater Minnesota Business Development Public Infrastructure Grant Program Biomass Energy Application for Hutchinson Utilities Commission. Motion carried unanimously. (c) DISCUSSION OF FUTURE MAJOR CAPITAL IMPROVEMENT PROJECTS Mayor Cook noted that the Council had suggested discussing upcoming projects that staff has planned. Kent Exner, City Engineer, presented before the Council. Mr. Exner presented a conceptual plan on Les Kouba Parkway which includes improvements and asphalting a portion of it. A cost estimate is projected at a total of $2 million. Gopher Campfire has been involved to date with maintenance and other protections. Funding is limited and assessments are limited. Council Members Peterson and Stotts voiced that they feel this is an important project that should have high priority. 4 CITY COUNCIL MINUTES – JUNE 24, 2008 Skip Quade, Chairman of Gopher Campfire Conservation Park, presented before the Council. The club is turning 100 years old next year and the group would like to enhance the wildlife sanctuary. Mr. Quade explained that a new fence has to be installed due to new state regulations. However, the club does not want to install the fence unless protections are put in place. Mr. Quade asked that the road be improved in front of the park as well. Bill Corby, Chamber of Commerce/CVB, presented before the Council. Mr. Corby commented on the advantages of improvements to the park. Kent Exner spoke about next steps with this project. Mr. Exner believes some gravel needs to be pulled out and rocks can be installed to delineate the roadway for now. General project costs on an intermediate plan will be presented to the Council at the July 22, 2008, Council meeting. Dolf Moon, PRCE Director, presented before the Council. Mr. Moon provided a presentation on the proposed aquatic center which will consist of slides, zero-edge, water play, geysers, sand play, sand volleyball, shower tower and lap swimming. The facility is proposed to retrofit the current outdoor pool located at the Recreation Center. The project is estimated to cost approximately $2million. Mr. Moon further explained that the current facility will need improvements that will cost approximately $700,000 just to maintain the facility as is. Mr. Moon reviewed funding options available for the project. Mr. Moon then reviewed a ballfield project that had been proposed in 2000. Since 2000 several programs have grown and more ballfields are now needed. Mayor Cook asked if there are any partnership opportunities available with the school district. Mr. Moon spoke about possibilities that could happen. Miles Seppelt, EDA Director, presented before the Council. Mr. Seppelt provided a presentation on Energy Park. The current industrial park is full and the EDA has purchased 77 acres for future development. The park is proposed to have 14 lots ranging in size from 2 to 10 acres. The total cost of the project is estimated at $3.5 million. Mr. Seppelt spoke about opportunities that got away due to having an undeveloped industrial park. Kent Exner, City Engineer, briefly discussed the last step to complete the Crow River Dam structure which is the last riffle east of the bridge. He also spoke about development of the trail on South Grade Road. John Olson, Public Works Manager, reminded the Council of everything the city has to maintain currently as well. He spoke of the benefit of having the Council prioritize all of the projects on the horizon. Mayor Cook suggested allowing the Council time to absorb this information and bring back to staff their priority lists. Another discussion will be held at the next Council meeting. (d)CONSIDERATION FOR APPROVAL OF RESOLUTION NO. 13416 – RESOLUTION ESTABLISHING LOCATION FOR TRAFFIC CONTROL DEVICES 5 CITY COUNCIL MINUTES – JUNE 24, 2008 Kent Exner, City Engineer, presented before the Council. Mr. Exner stated that this is the Resolution that was introduced at the last Council meeting. The proposal is to construct a bicycle lane and No Parking on the west side of School Road with a bicycle lane and parking on the east side of School Road. If approved, the recommendation is to not construct the bike lane until after the roundabout project is completed on Hwy 15/North High Drive. Motion by Stotts, second by Peterson, to approve Resolution No. 13416. Motion carried unanimously. (e) CONSIDERATION FOR APPROVAL OF SETTING PUBLIC HEARING ON THE 2009 PROPOSED BUDGET Mayor Cook suggested holding a public hearing to allow input on the proposed 2009 budget. Gary Plotz, City Administrator, suggested holding the public hearing at the second meeting in August to allow time for variables to be derived at. Motion by Haugen, second by Stotts, to set public hearing on the 2009 proposed budget for August 26, 2008, at 6:00 p.m. Motion carried unanimously. (f) CLOSED SESSION PURSUANT TO MINNESOTA STATUTE 135D.05, SUBD. 3(B) TO DISCUSS LITIGATION STRATEGY INVOLVING: BEGINNING AT A STONE MONUMENT ON THE WEST LINE OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 7, TOWNSHIP 116, RANGE 29, 1703.07 FEET NORTH OF THE 1/16 POST OF THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 7; THENCE IN AN EASTERLY DIRECTION 1376.2 FEET IN A STRAIGHT LINE BETWEEN THE PLACE OF BEGINNING AND A STONE MONUMENT LYING 1694.25 FEET NORTH OF THE SOUTHEAST CORNER OF SAID SECTION 7; THENCE IN A SOUTHERLY DIRECTION TO THE SOUTH LINE OF SAID SECTION 7 AT A POINT 1376.2 FEET EAST OF THE SOUTHWEST CORNER OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SAID SECTION 7; THENCE IN A WESTERLY DIRECTION TO THE SAID SOUTHWEST CORNER OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SAID SECTION 7; THENCE IN A NORTHERLY DIRECTION 1703.07 FEET TO THE PLACE OF BEGINNING. NOW KNOWN AS LOT 14 OF THE AUDITOR’S PLAT OF SECTION 7, TOWNSHIP 116, RANGE 29. EXCEPTING THEREFROM THE FOLLOWING DESCRIBED TRACTS, TO-WIT: 1.ALL THAT LAND THAT HAS BEEN PLATTED AS BREEZY MEADOW. 2.PARCEL 3 AND 3A OF CITY OF HUTCHINSON STREET RIGHT-OF-WAY PLAT NO 7 IN LOT 14, AUDITOR’S PLAT OF SECTION 7, TOWNSHIP 116 NORTH, RANGE 29 WEST, ACCORDING TO THE MAP ON FILE AND OF RECORD IN THE OFFICE OF THE COUNTY RECORDER, MCLEOD COUNTY, MINNESOTA. THE WEST LINE OF SAID STRIP OF LAND BEING THE WEST LINE OF SAID LOT 14 AND THE EAST LINE OF SAID STRIP OF LAND BEING THE EAST LINE OF SAID LOT 14. 3.THAT PART OF LOT 14 OF THE AUDITOR’S PLAT OF SECTION 7, TOWNSHIP 116 NORTH, RANGE 29 WEST, MCLEOD COUNTY, MINNESOTA DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION 7; THENCE NORTH 89 DEGREES 21 MINUTES 16 SECONDS WEST, ASSUMED 6 CITY COUNCIL MINUTES – JUNE 24, 2008 BEARING ALONG THE SOUTH LINE OF SAID SOUTHWEST QUARTER 931.00 FEET TO THE SOUTHWEST CORNER OF BREEZY MEADOW, ACCORDING TO THE RECORDED PLAT THEREOF, AND THE POINT OF BEGINNING OF SAID LAND TO BE DESCRIBED; THENCE CONTINUING NORTH 89 DEGREES 21 MINUTES 16 SECONDS WEST, ALONG SAID SOUTH LINE 265.00 FEET TO THE SOUTHEAST CORNER OF MENARD ADDITION, ACCORDING TO THE RECORDED PLAT THEREOF; THENCE NORTH 0 DEGREES 47 MINUTES 54 SECONDS EAST, ALONG THE EAST LINE OF SAID MENARD ADDITION 722.00 FEET; THENCE SOUTH 89 DEGREES 21 MINUTES 16 SECONDS EAST, PARALLEL WITH SAID SOUTH LINE OF THE SOUTHWEST QUARTER 298.00 FEET; THENCE SOUTH 0 DEGREES 47 MINUTES 54 SECONDS WEST 381.60 FEET TO THE NORTH LINE OF SAID BREEZY MEADOW; THENCE NORTH 89 DEGREES 21 MINUTES 16 SECONDS WEST, ALONG SAID NORTH LINE OF BREEZY MEADOW 33.00 FEET TO THE NORTHWEST CORNER OF SAID BREEZY MEADOW; THENCE SOUTH 0 DEGREES 47 MINUTES 54 SECONDS WEST, ALONG THE WEST LINE OF SAID BREEZY MEADOW 340.40 FEET TO THE POINT OF BEGINNING. Marc Sebora, City Attorney, noted that this item will be discussed in the open session. Mr. Sebora explained that in 2006 the Hutchinson hospital entered into a purchase agreement to purchase land near Airport Road to construct a senior campus. Shortly before the closing, it was realized that an easement ran through the piece of property which deemed the property unbuildable. As part of the transaction, the City paid $25,000 in earnest money. Due to the transaction not being complete, the hospital would like to take action to retrieve the earnest money which has not been returned. Motion by Haugen, second by Peterson, to approve commencing legal action to retrieve the earnest money in the amount of $25,000. Motion carried unanimously. MISCELLANEOUS 11. Jim Haugen – Council Member Haugen commented on the good information presented tonight on the proposed projects. Mayor Cook suggested putting together a group to review these projects in more detail. Casey Stotts – Council Member Stotts clarified that an information session will be held on July 9, 2008, for interested persons running for Council Member/Mayor seats. Motion by Stotts, second by Haugen, to set July 9, 2008, as a public meeting to provide information on running for City Council. Motion carried unanimously. Gary Plotz – Mr. Plotz noted that it has been determined that the bids received on the bag film need to be rejected. The low bidder did not bid on one product which makes it difficult to compare the two bids received. Instead, staff is suggesting rejecting the bids and obtaining quotes instead in August, which will comply with the new competitive bidding law. Motion by Stotts, second by Peterson, to reject the bag film bids and go out for quotes after August 1, 2008. Motion carried unanimously. Mr. Plotz also noted that at the last Council workshop, the Council discussed the establishment of a mosquito control board. Mr. Plotz noted that a mosquito control board has statutorily strong powers to impose a levy. Staff is suggesting putting this item on the next Council agenda to allow the city attorney more time to research this issue. Lastly, Mr. Plotz mentioned that he and the HUC General Manager have been discussing holding a meeting between the city and the HUC Commission. Mike Kumm, HUC General Manager, explained that the HUC has discussed reviewing the formula that is used to configure the payment in lieu of taxes that comes from HUC to the City. The HUC Commission 7 CITY COUNCIL MINUTES – JUNE 24, 2008 has suggested reconvening the committee to review the formula. Mr. Kumm then reviewed some current projects that HUC is working on. ADJOURN 12. Motion by Peterson, second by Haugen, to adjourn at 8:30 p.m. Motion carried unanimously. ATTEST: _______________________________________ _____________________________________ Steven W. Cook Gary D. Plotz Mayor City Administrator 8