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07-22-2008 CCMMINUTES REGULAR MEETING – HUTCHINSON CITY COUNCIL TUESDAY, JULY 22, 2008 CALL TO ORDER – 5:30 P.M. 1. Mayor Cook called the meeting to order. Members present were Kay Peterson, Bill Arndt, and Jim Haugen. Council Member absent was Casey Stotts. Others present were Gary Plotz, City Administrator, Kent Exner, City Engineer, and Marc Sebora, City Attorney. INVOCATION 2. – Rev. Eric Goodwin, Peace Lutheran Church, delivered the invocation. PLEDGE OF ALLEGIANCE 3. PUBLIC COMMENTS 4. MINUTES 5. (a)REGULARMEETING OF JULY 8, 2008 (b) BID OPENING MINUTES FROM JULY 8, 2008 (PAVEMENT MANAGEMENT IMPROVEMENTS) Motion by Haugen, second by Peterson, to approve the minutes as presented. Motion carried unanimously. CONSENT AGENDA 6. (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1.HUTCHINSON PUBLIC LIBRARY BOARD MEETING MINUTES FROM APRIL 28, 2008 2. HUTCHINSON HOUSING & REDEVELOPMENT BOARD AUTHORITY MINUTES FROM JUNE 17, 2008 3. PLANNING COMMISSION MINUTES FROM JUNE 17, 2008 4. PLANNING, ZONING AND BUILDING DEPARTMENT MONTLY REPORT FOR JUNE 2008 5. CITY OF HUTCHINSON FINANCIAL REPORT FOR JUNE 2008 6. CITY OF HUTCHINSON INVESTMENT REPORT FOR JUNE 2008 (b) RESOLUTIONS AND ORDINANCES 1. RESOLUTION NO. 13455 - RESOLUTION FOR PURCHASE (SEAL COATING, SODIUM ALUMINATE, BIODIESEL) (c)PLANNING COMMISSION ITEMS 1. CONSIDERATION OF VARIANCE TO ALLOW A FRONT YARD SETBACK OF 25 FEET WHERE 30 FEET IS REQUIRED FOR A GARAGE ADDITION AT 515 LINCOLN AVENUE SW REQUESTED BY MARLYN BACON WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION NO. 13446) 2. CONSIDERATION OF REVISIONS TO SITE PLAN AT 904 HWY 15 SOUTH FOR HEADSTART PRESCHOOL BUILDING WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT AMENDED RESOLUTION NO. 13405) (d)CONSIDERATION FOR APPROVAL OF PUBLIC DANCE PERMIT AND TRANSIENT MERCHANT LICENSE FOR AMERICAN PASTIME BARBEQUE ON AUGUST 15, 2008 (e) CONSIDERATION FOR APPROVAL OF SOLICITOR’S LICENSE FOR JEFFREY R. EARL TO SELL CITY COUNCIL MINUTES – JULY 22, 2008 MEAT AND SEAFOOD th (f) CONSIDERATION FOR APPROVAL OF 34 ANNUAL ARTS & CRAFTS FESTIVAL TO BE HELD SEPTEMBER 12-13, 2008, IN LIBRARY SQUARE AND SURROUNDING STREETS (g) CONSIDERATION FOR APPROVAL OF PARADE PERMIT FOR HUTCHINSON HIGH SCHOOL STUDENT ADVISORY COUNCIL ON SEPTEMBER 19, 2008, FOR HOMECOMING PARADE (h) CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS Motion by Peterson, second by Arndt, to approve consent agenda. Motion carried unanimously. PUBLIC HEARINGS – 6:00 P.M. - NONE 7. COMMUNICATIONS, REQUESTS AND PETITIONS 8. (a) PRESENTATION OF HUTCHINSON AREA HEALTH CARE’S 2007 REPORT TO THE COMMUNITY – MARY ELLEN WELLS Mary Ellen Wells, Hutchinson Area Health Care, presented before the Council. Ms. Wells delivered a presentation which summarized the past year’s activities and plans for an exciting future. Ms. Wells reviewed information pertaining to finance, growth, quality, service, people and community. The presentation will be on file in the City Administrator’s office. UNFINISHED BUSINESS 9. (a)CONSIDERATION FOR APPROVAL OF ORDINANCE NO. 08-0507 – AN ORDINANCE ADDING SECTION 154.072 TO THE HUTCHINSON CITY CODE TO ESTABLISH REGULATIONS FOR A MIXED USE ZONING DISTRICT (SECOND READING AND ADOPTION) AND APPROVAL OF SUMMARY ORDINANCE (REFERRED TO PLANNING COMMSSION ON JULY 8, 2008) Rebecca Bowers, Planning/Zoning/Building Director, presented before the Council. Ms. Bowers explained that the Planning Commission reconsidered this ordinance at its July 15, 2008, Planning Commission meeting. The main issue considered was the 10 foot front yard setback requirement. After discussion of several items, the Planning Commission unanimously recommended approving the ordinance as previously recommended to the Council that includes the 10 foot front yard setback requirement. Mayor Cook noted that he still has some concerns with how this ordinance affects all areas. He suggested the Planning Commission and/or staff designate various areas as mixed-use, with each area having different requirements. Mayor Cook noted that after seeing an engineering drawing of the northwest corner of Hwy 7/Hwy 15, he is more comfortable with the recommended 10 foot setback requirement. Motion by Peterson, second by Cook, to approve Ordinance No. 08-0507. Motion carried unanimously. NEW BUSINESS 10. (a) CONSIDERATION FOR APPROVAL OF REVIEW AND ACCEPTANCE OF 2007 FINANCIAL REPORT Kyle Meyers, City Auditor, presented before the Council. Mr. Meyers reviewed the 2007 financial report and provided a summary of the workshop held earlier today. The auditors have provided a clean opinion of the City’s financials. The City’s fund balance appears to be strong and within the State Auditor’s guidelines and recommendations. Hutchinson compares favorably to its peer group. The City, again, received a Certificate of Excellence in financial reporting. (b) CONSIDERATION FOR APPROVAL OF IMPLEMENTING DOWNTOWN GATEWAY PROJECT 2 CITY COUNCIL MINUTES – JULY 22, 2008 Miles Seppelt, EDA Director, presented before the Council. Mr. Seppelt explained that the former Pet Clinic lot located at 146 Main Street North has been proposed to be redeveloped as a “gateway” to the downtown and a public amenity for travelers and residents. The City owns this lot with the help of a redevelopment grant received in 2005. The area would function as a meeting place and wayside rest for travelers and residents utilizing the City’s park and trail system. A public restroom would be provided and an informational kiosk installed to provide travelers and residents with directions and maps to the trail system and other parks and landmarks. In addition, a wall mural is proposed to be added on the north side of the former dry cleaner building featuring famous individuals from throughout Hutchinson’s history. The partners involved with this project include the Hutchinson Downtown Association, the EDA, Wal-Mart, Historic Hutchinson, Burich Foundation and possibly others. A total of $60,000 is being requested from the City’s excess bond fund for the purchase of a public restroom and related appurtenances. Mayor Cook noted that he had thought of the Public Arts Commission when he saw that a wall mural is being proposed. His thoughts were that some funds could be provided to the Public Arts Commission to get them started. Mayor Cook thought this entire project could be included as a topic of discussion at the workshop scheduled where projects will be prioritized. Motion by Haugen, second by Cook, to defer this item until all of the proposed projects can be discussed and prioritized. Council Member Kay Peterson noted that the wall mural is going to be completed with private dollars. Motion carried unanimously. (c)CONSIDERATION FOR APPROVAL OF ACCEPTING CHARTER COMMISSION RECOMMENDATIONS ON PROPOSED CHARTER CHANGES AND SETTING PUBLIC HEARING FOR AUGUST 26, 2008, TO CONSIDER PROPOSED CHARTER CHANGES Marc Sebora, City Attorney, presented before the Council. Mr. Sebora explained that the Charter Commission met on July 14, 2008, to review the proposed changes as recommended by the City Council. These recommendations included removing language pertaining to Hutchinson Area Health Care since it is now a private entity and to review language related to the Hutchinson Utilities Commission and consider requiring that a Council Member serve on the Hutchinson Utilities Commission as opposed to having it optional. The Charter Commission recommended to remove all language pertaining to the Hutchinson Area Health Care, however to leave the language pertaining to HUC as is (Council Member may be appointed). A public hearing is necessary to consider the revisions removing language pertaining to HAHC. Motion by Arndt, second by Haugen, to approve setting public hearing for August 26, 2008, to consider the Charter Commission’s recommendations to remove language pertaining to HAHC. Motion carried unanimously. Mayor Cook asked the Council’s viewpoint on requiring a Council Member be appointed to the HUC, such as the many years where a Council Member was required to serve on the HAHC Board. Council Member Haugen noted that he feels things have been working very well over the years, and believes that the Charter already allows for the appointment of a City Council Members, so that option is available if needed. (d) CONSIDERATION FOR APPROVAL OF RESOLUTION NO. 13456 - RESOLUTION ESTABLISHING A MOSQUITO CONTROL BOARD IN THE CITY OF HUTCHINSON Mayor Cook noted that when he first brought this item up for discussion, he was hoping that the topic could be brought forth to the public for a vote so that residents could decide if they wish to continue the mosquito control program. He noted that at the last Council meeting, the Council voted to direct the City Administrator to draft a Resolution establishing a mosquito control board. Mayor Cook suggested just putting this item in the budget, since in the end the dollars for the program are the same and there really wouldn’t be a benefit to establishing a mosquito control board. Having a board may actually cost more to 3 CITY COUNCIL MINUTES – JULY 22, 2008 the city. Motion by Arndt, second by Haugen, to reject Resolution No. 13456, and not establish a mosquito control board in the City of Hutchinson. Motion carried unanimously. Council Member Peterson strongly urged that mosquito spraying be placed back into the budget for 2009. On the August 12, 2008, City Council agenda, the Council will set a budget workshop, hopefully some time the week of August 18, 2008. (e)DISCUSSION OF REMAINING 2008 CAPITAL IMPROVEMENT PLAN PROJECTS -NORTHEAST TRUNK STORM SEWER PHASE 3 (LETTING NO. 3, PROJECT NO. 08-03) -SOUTH GRADE ROAD TRAIL (LETTING NO. 7, PROJECT NO. 08-07) -HUTCHINSON DAM DOWNSTREAM RIFFLE NO. 11 (LETTING NO. 16, PROJECT NO. 08-20) -LES KOUBA PARKWAY (LETTING NO. 17, PROJECT NO. 08-22) Kent Exner, City Engineer, presented before the Council. Mr. Exner noted that staff is requesting to begin the hearing process for the four above-mentioned projects. Proceeding with the hearing process does not obligate the City to begin these projects, however it initiates the project process. Motion by Peterson, second by Arndt, to set public hearings for the above-mentioned projects. Motion carried unanimously. Mayor Cook noted as projects move forward a good discussion to have would be to discuss and review additional fees on projects, such as engineering, administration, fiscal/legal/interest fees. Kent Exner noted this would be a good discussion to have later this year. (f) CONSIDERATION FOR APPROVAL OF SETTING CEREMONIAL EVENTS FOR HUTCHINSON DAM REPLACEMENT, SCHOOL ROAD PEDESTRIAN UNDERPASS, WATER TREATMENT PLANT AND WASTEWATER TREATMENT FACILITY IMPROVEMENT PROJECTS Kent Exner, City Engineer, presented before the Council. Mr. Exner noted that these projects have been completed and staff would like to set open house ceremonies for the public to attend. Motion by Peterson, second by Arndt, to set September 3, 2008, from 12noon – 7:00 p.m. as open houses for the Water Treatment Facility and Waste Water Treatment Facility. Motion carried unanimously. Motion by Haugen, second by Peterson, to set August 28, 2008, at 5:00 p.m. for the School Road underpass ceremony event and August 28, 2008, at 6:00 p.m. for the Crow River Dam ceremony event. Motion carried unanimously. (g) CLOSED SESSION PURSUANT TO MINNESOTA STATUTE 13D.05, SUBD. 3(C) TO DISCUSS PROPERTY ACQUISITION FOR THE NORTHEAST TRUNK STORM SEWER PHASE 3 PROJECT Motion by Arndt, second by Haugen, to convene into closed session at 7:25 p.m. Motion carried unanimously. Motion by Peterson, second by Haugen to reconvene into open session at 8:05 p.m. Motion carried unanimously. MISCELLANEOUS 11. (a) CONSIDERATION FOR APPROVAL OF DANCE PERMIT APPLICATION SUBMITTED BY JACQUES NGWE Mayor Cook noted that a dance permit application had been received. Based on the background investigation, the police department is recommending that the dance permit be denied. Motion by Peterson, second by Haugen, to deny dance permit to Jacques Ngwe. Motion carried unanimously. 4 CITY COUNCIL MINUTES – JULY 22, 2008 (b)CONSIDERATION FOR APPROVAL OF RESOLUTION AUTHORIZING GRANT AGREEMENT FOR SAFE & SOBER COMMUNITIES Dan Hatten, Police Chief, explained the Safe & Sober campaign. Overtime hours are used for this program and the grant monies pay for the overtime wages. Motion by Peterson, second by Arndt, to approve Resolution for Safe & Sober Communities. Motion carried unanimously. Gary Plotz – Mr. Plotz noted that a serious accident occurred last week involving an employee at Creekside. Richard Kosek was injured while working and transported to Hennepin County Medical Center. Any inquiries regarding Mr. Kosek’s medical condition can be directed to his son, Andy Kosek. It was noted that a policy governance session is scheduled next week with Stacy Sjogren. Motion by Haugen, second by Cook, to set July 29, 2008, at 4:00 p.m. at the City Center as a policy governance session. Motion carried unanimously. Mayor Cook – Mayor Cook noted that Gary Plotz’s performance review needs to be reset as it was not held today. Motion by Arndt, second by Peterson, to reset Gary Plotz’s performance review for 3:30 p.m. on August 12, 2008. Motion carried unanimously. ADJOURN 12. Motion by Arndt, second by Cook, to adjourn at 8:06 p.m. Motion carried unanimously. 5