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04-28-2009 CCMMINUTES REGULAR MEETING – HUTCHINSON CITY COUNCIL TUESDAY, APRIL 28, 2009 CALL TO ORDER – 5:30 P.M. 1. Mayor Cook called the meeting to order. Members present were Jim Haugen, Bill Arndt, Eric Yost and Chad Czmowski. Others present were Gary Plotz, City Administrator, Kent Exner, City Engineer, and Marc Sebora, City Attorney. INVOCATION 2. – Rev. Kaye Brandt, Vineyard United Methodist Church, delivered the invocation. PLEDGE OF ALLEGIANCE 3. PUBLIC COMMENTS 4. Dan Hatten, Police Chief, presented before the Council. Chief Hatten noted that on May 3, 2009, at 2:00 p.m. a Law Enforcement Ecumenical Service will be held at St. Anastasia Church. This service occurs annually in memory of law enforcement officers that have been killed in the line of duty. MINUTES 5. (a)REGULARMEETING OF APRIL 14, 2009 Motion by Arndt, second by Yost, to approve the minutes as presented. Motion carried unanimously. CONSENT AGENDA 6. (Purpose: only for items requiring Council approval by external entities that would otherwise have been delegated to the City Administrator. Traditionally, items are not discussed.) (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. CITY OF HUTCHINSON WEB PAGE STATISTICS SUMMARY 2. HUTCHINSON HOUSING & REDEVELOPMENT AUTHORITY BOARD MINUTES FROM MARCH 17, 2009 3. PLANNING, ZONING, BUILDING DEPARTMENT MONTHLY REPORT FOR MARCH 2009 4. PLANNING COMMISSION MINUTES FROM MARCH 17, 2009 (b) RESOLUTIONS AND ORDINANCES 1.RESOLUTION NO. 13561 – RESOLUTION TO SELL AT AUCTION UNCLAIMED PROPERTY 2. RESOLUTION NO. 13562 – RESOLUTION TO SELL AT AUCTION SURPLUS POLICE DEPARTMENT PROPERTY 3.RESOLUTION NO. 13563 - RESOLUTION TO SELL AT AUCTION SURPLUS CITY PROPERTY 4. ORDINANCE NO. 09-0524 - AN ORDINANCE REVISING SECTION 31.20 – ORGANIZATION AND APPOINTMENT (SECOND READING AND ADOPTION) 5. ORDINANCE NO. 09-0529 – AN ORDINANCE EXTENDING THE CORPORATE LIMITS OF THE CITY OF HUTCHINSON TO INCLUDE 5.97 ACRES INTO THE CITY FROM HASSAN VALLEY TH TOWNSHIP LOCATED AT 1105 5 AVENUE SE (SECOND READING AND ADOPTION) (c) PLANNING COMMISSION ITEMS 1. CONSIDERATION OF CONDITIONAL USE PERMIT, VARIANCE AND SITE PLAN FOR THE CONSTRUCTION OF A 51,000 SQUARE FOOT MANUFACTURING FACILITY OVER 40 FEET IN HEIGHT WITH OUTDOOR STORAGE OF FINISHED PRODUCT AT 900 HWY 7 WEST, CITY COUNCIL MINUTES –APRIL 28, 2009 REQUESTED BY DAGGETT VENTURES WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION NO. 13565) 2. CONSIDERATION OF CONDITIONAL USE PERMIT TO ALLOW TENT SALES OF FIREWORKS LOCATED AT WALMART, 1300 HWY 15 SOUTH, REQUESTED BY TNT FIREWORKS WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION NO. 13566) (d) CONSIDERATION FOR APPROVAL OF WINE/3.2% ON SALE MALT LIQUOR LICENSE FOR AMERICAN PASTIME BARBEQUE SPORTS TAVERN LLC (e) CONSIDERATION FOR APPROVAL OF SHORT-TERM 3.2 MALT LIQUOR LICENSE FOR AMERICAN LEGION POST 96 ON JULY 17 & 18, 2009, AT LES KOUBA PARKWAY (FOR RIVERSONG FESTIVAL) (f) REAPPOINTMENT OF COREY STEARNS TO TREE BOARD TO APRIL 2012 (g) CONSIDERATION FOR APPROVAL OF TRANSIENT MERCHANT LICENSE FOR T.A.P. ENTERPRISES ON MAY 6, 2009, AT THE AMERICINN (h) CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS Items 6(b)4 and 6(c)1 were pulled for separate discussion. Motion by Arndt, second by Czmowski, to approve consent agenda with the exception of the items noted above. Motion carried unanimously. Item 6(b)4 had further discussion. Mayor Cook read a statement he wrote in opposition to the proposed ordinance that excludes the EDA’s requirements of term limits. Motion by Haugen, second by Czmowski, to approve Item 6(b)4. Roll call vote was taken: Haugen – aye; Arndt – aye; Yost – nay; Czmowski – aye; Cook – nay. Motion carried 3 to 2. Item 6(c)1 had further discussion. Mayor Cook noted that there was some confusion as to the height of the building. Rebecca Bowers, Planning/Zoning/Building Director, presented before the Council. Ms. Bowers explained that the highest point of the building is proposed to be 56 feet high. City code allows for a 40 foot maximum building height unless approved with a variance. The necessity of the height of the building is due to the unique manufacturing requirements needed to construct and test the large cranes. Mayor Cook inquired as to whether or not there is a possibility for this building/business being located in the industrial park. Miles Seppelt, EDA Director, explained that the relocation of this business will not be possible due to the very specific relationship between Hutchinson Manufacturing, Inc. and Atomic Crane Corporation. Mayor Cook asked about the fence height requirements and whether or not the fence/screening will be high enough due to the large height of the business. Ms. Bowers explained that code requires a minimum fence height of five feet, however Council could require more screening if desired. Tom Daggett, Hutchinson Manufacturing, Inc., presented before the Council. Mr. Daggett spoke about the product specifics that will be manufactured at the site. The product that will be stored outside should not exceed 10 feet in height and will be finished, painted product. More screening could be added. Motion by Arndt, second by Haugen, to approve Item 6(c)1. Motion carried unanimously. PUBLIC HEARINGS – 6:00 P.M. 7. ( a) NPDES STORM WATER POLLUTION PREVENTION PLAN ANNUAL REPORT 2 CITY COUNCIL MINUTES –APRIL 28, 2009 Kent Exner, City Engineer, noted that the Minnesota Pollution Control Agency requires that the city have a public hearing and consider comments prior to submitting the Storm Water Pollution Prevention Plan Annual Report for 2008. This requirement is necessary of all cities that maintain a Municipal Separate Storm Sewer System. John Paulson, Environmental Specialist, presented before the Council. Mr. Paulson provided a report to the Council of the City’s public education and outreach, public participation/involvement, illicit discharge detection and elimination, construction site stormwater runoff control, post-construction stormwater management in new development and redevelopment, pollution prevention/good housekeeping for municipal operations, impaired waters review and additional SWPPP issues. General discussion was held regarding various monitoring completed by the City and other organizations. Motion by Haugen, second by Arndt, to close public hearing. Motion carried unanimously. Motion by Arndt, second by Haugen, to approve NPDES Storm Water Pollution Prevention Plan annual report. Motion carried unanimously. COMMUNICATIONS, REQUESTS AND PETITIONS 8. (Purpose: to provide Council with information necessary to craft wise policy. Always looking toward the future, not monitoring past) UNFINISHED BUSINESS 9. NEW BUSINESS 10. (a) CONSIDERATION OF CONDITIONAL USE PERMIT TO AMEND THE PLANNED DEVELOPMENT DISTRICT TO ALLOW CONSTRUCTION OF A HOUSE TO BE LOCATED WITH ZERO SETBACK TO THE FRONT AND REAR PROPERTY LINES AT 1175 OAKWOOD COURT NW, REQUESTED BY RICHARD LENNES, PROPERTY OWNER WITH SPLIT VOTE BY PLANNING COMMISSION (ADOPT RESOLUTION NO. 13564) Rebecca Bowers, Planning/Zoning/Building Director, presented before the Council. Ms. Bowers explained that the property owners are requesting an amendment to the planned development district to construct a new home in Fairway Estates Second Addition on Oakwood Court NW. The amendment is to allow zero- foot front and rear yard setbacks, where a five-foot setback was specified on the approved development plans. Ms. Bowers noted that there are a variety of setbacks in this development. The request is mainly due to the proposed construction of a three-stall garage and the size of the home desired. The Planning Commission recommended part of the request at hand. Neighbors expressed concern of the rear yard setback. The final motion of the Planning Commission was recommending approval of the conditional use permit to allow a zero-foot front yard setback with a 16-inch overhang into the common space, however requiring a five-foot setback rear yard setback (with 4 ayes, 2 against). Dick Lennes, applicant, presented before the Council. Mr. Lennes provided a review of the events to date with this project which began in Fall 2008. Mr. Lennes explained that the main reason for the request of the amendment is due to the short lot length and the requirement of the Association that no outside storage be allowed. Hence, the applicant would like to construct a three-stall garage with a modest deck on the rear. The deck on the rear is necessitating the zero-foot setback on the rear, where the foundation of the home is 2.5 feet from the setback. Mr. Lennes explained that he and the neighbor to the rear, Jon Beach, have met and have agreed to the following: 1.) Honor the Planning Commission recommendations for a zero front setback with a 16-inch overhang into the common space; 2.) Modify the Planning Commission recommendation for the rear setback to: - allow the requested six-foot deck to extend from the northwest corner of the building to the zero rear lot line; - allow a 3’6” setback from the northeast corner of the building with a 16-inch overhang (this is a change from the original requested 2’6” setback); - state as a condition that the owner of lot 16 (Lennes) re-design the roofline of the northeast rear corner of proposed building to extend the overhang eyebrow at an 8-12 pitch (the purpose of the roof modification is to allow more sunlight on the adjacent property to the west). Jon Beach, 1177 Oakwood Court NW, presented before the Council. Mr. Beach noted that he and the Lenneses have met and he is in agreement with the revised proposal. 3 CITY COUNCIL MINUTES –APRIL 28, 2009 Ms. Bowers provided a revised Resolution No. 13564 for the Council to consider based on the revised plan. Motion by Czmowski, second by Arndt, to approve conditional use permit to amend the planned development district for property located at 1175 Oakwood Court NW, adopting revised Resolution No. 13564. Motion carried unanimously. (b) DISCUSSION OF THE CREATION OF A CODE ENFORCEMENT OFFICER POSITION Mayor Cook noted that over the years the City has had various issues related to city code violations. Due to this, he suggested perhaps the City should consider the creation of a code enforcement position, not for building issues, but for general city code violations. The idea behind this is to be more proactive rather than responding to complaints that are received. Research could be conducted to see how other cities handle similar positions, such as within a building department function or police department function and how follow up is completed. Police Chief Dan Hatten presented before the Council. Chief Hatten explained the neighborhood officer program which was designed to handle some of the issues described. Chief Hatten noted that police department staff could be more proactive in code violations versus being reactive to complaints. Mayor Cook expressed that the position most likely would not need to be full-time and could be a lower level position as compared to a police officer. John Olson, Public Works Manager, noted that a similar-type position was in the Public Works Department until 2003 when staff reductions were necessary. At that time, the position’s time was taken by 30-50% of code enforcement. Council Member Arndt noted that citizens are some times concerned about raising neighborhood issues because they do not wish to create neighborhood dissension. Council Member Haugen noted he is in favor of relying on citizen feedback and not necessarily hiring a position. Council Member Czmowski expressed that he would be in favor of the police department being more proactive in code enforcement versus hiring a position at this time. The Council conceded that city staff should be more proactive in code enforcement. GOVERNANCE 11. (Purpose: to assess past organizational performance, develop policy that guides the organization and Council and manage the logistics of the Council. May include monitoring reports, policy development and governance process items.) (a) MONITORING REPORT – EXECUTIVE LIMITATION 2.7 – COMPENSATION AND BENEFITS Gary Plotz, City Administrator, presented before the Council. Mr. Plotz commented that the Policy Governance consultant has reviewed this monitoring report and has expressed that it virtually meets all requirements of monitor report writing. Brenda Ewing, Human Resources Director, explained some of the evidence under 2.7.2. Mayor Cook inquired about the reports listed and completing occasional checks. Motion by Czmowski, second by Yost, to approve monitoring report for Executive Limitation 2.7 – Compensation and Benefits. Motion carried unanimously. (b) CITY OF HUTCHINSON FINANCIAL REPORT FOR MARCH 2009 Council Member Yost asked about the drop in revenues and expenses as compared to 2008. Gary Plotz noted that this will be watched and the upcoming months may make up for the difference. No action was required. (c) CITY OF HUTCHINSON INVESTMENT REPORT FOR MARCH 2009 No action was required. 4 CITY COUNCIL MINUTES –APRIL 28, 2009 MISCELLANEOUS 12. (a)CONSIDERATION OF POLICY NO. 3.27 – PANDEMIC RESPONSE Gary Plotz, City Administrator, presented before the Council. Mr. Plotz noted that City directors had put together a pandemic plan a couple of years ago when the bird flu pandemic was being considered. Now, due to the potential swine flu pandemic, staff would like the Council to consider Policy No. 3.27 – Pandemic Response. Brenda Ewing, Human Resources Director, presented before the Council. Ms. Ewing reviewed Policy No. 3.27, with the purpose being to establish a policy and procedure for city staff response during a pandemic event. The policy covers what a pandemic influenza is, how to maintain city government, the work options, absences and accrued time, personal leave without pay, lay-off, employee pay, insurance coverage and other benefits and family plans. Ms. Ewing then reviewed a pandemic response matrix which identifies threat levels, communication, access to city hall, service delivery, city hall operations and personnel. Police Chief Dan Hatten noted that various professionals throughout the region meet on a regular basis on how these pandemic type of situations would be handled. Ms. Ewing then reviewed the City Center’s Pandemic Response Plan. Because this information was just distributed this evening, Council action can be considered at a later date. (b)CONSIDERATION OF RESOLUTION NO. 13567 IN REFERENCE TO DEVERTING LODGING TAX FUNDS Mayor Cook noted that at the last Council meeting it was discussed that there is a proposed bill in the legislature that would allow cities to divert lodging tax funds to their general funds. The Council discussed that if that bill would pass, the Council would desire to keep the current formula and continue to transfer the funds to the Convention and Visitors Bureau as currently structured. The City currently receives 5% of the lodging tax funds. Motion by Czmowski, second by Cook, to approve Resolution No. 13567. Motion carried unanimously. Motion by Arndt, second by Yost, to set May 7, 2009, at 12:00 p.m. at the Event Center for the National Day of Prayer. Motion carried unanimously. Motion by Arndt, second by Cook, to set May 3, 2009, at 2:00 p.m. at St. Anastasia Church for the Law Enforcement Ecumenical Service. Eric Yost – Council Member Yost noted that 297 layoffs occurred today at Hutchinson Technology Inc. The majority of those occurred in Hutchinson. Mr. Yost thanked those employees that were laid off for all of their years of talent provided to the company. Gary Plotz – Mr. Plotz noted that at the last Council meeting it was discussed to schedule NIMS training, which is a disaster-preparedness training. The Council asked Mr. Plotz to check the trainer’s schedule for Mondays. Steve Cook – Mayor Cook asked that the Report a Problem statistics be provided to the Council from the city’s web site. Mayor Cook also brought up the study completed on the Crow River corridor/overlay study. Mayor Cook suggested that the Council consider shifting the industrial development along Hwy 7 out to the Industrial Park to negate that type of activity from the river (effects the view, aesthetics, etc.). ADJOURN 13. 5 CITY COUNCIL MINUTES –APRIL 28, 2009 Motion by Arndt, second by Cook, to adjourn at 7:55 p.m. Motion carried unanimously. 6