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06-23-2009 CCMMINUTES REGULAR MEETING – HUTCHINSON CITY COUNCIL TUESDAY, JUNE 23, 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. – Amy Gelschus, Oak Heights Covenant Church, delivered the invocation. PLEDGE OF ALLEGIANCE 3. PUBLIC COMMENTS 4. th Gary Dahlinger, 4 Avenue SW, presented before the Council. Mr. Dahlinger noted that he has an older vehicle that he had placed in front of his house with a For Sale sign on it. The vehicle was towed due to the parking ordinance. Mr. Dahlinger asked to have his vehicle back and not have to pay any fines to retrieve it. City Attorney Marc Sebora will review this, along with Police Chief Dan Hatten. MINUTES 5. (a)REGULARMEETING OF JUNE 9, 2009 Motion by Haugen, second by Arndt, 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. HUTCHINSON HOUSING & REDEVELOPMENT AUTHORITY BOARD MINUTES FROM MAY 19, 2009 2. PLANNING COMMISSION MINUTES FROM MAY 19, 2009 3. JOINT PLANNING COMMISSION MINUTES FROM MAY 20, 2009 4. PLANNING/ZONING/BUILDING DEPARTMENT MONTHLY REPORT FOR MAY 2009 (b) RESOLUTIONS AND ORDINANCES - NONE (c) PLANNING COMMISSION ITEMS 1. CONSIDERATION OF CONDITIONAL USE PERMIT TO ALLOW A HOUSE TO BE MOVED TH ONTO AN EXISTING VACANT LOT AT 640 – 5 AVENUE SE REQUESTED BY FLOYD AND DIANE KRIENKE WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION NO. 13588) 2. CONSIDERATION OF PRELIMINARY AND FINAL PLAT OF RIGHT OF WAY PLAT NO. 11 FOR HACKBARTH STREET SE SUBMITTED BY WARRIOR MANUFACTURING AND MCLEOD COUNTY WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION NO. 13590) (d) CONSIDERATION FOR APPROVAL OF SHORT TERM 3.2 MALT LIQUOR LICENSE FOR POWER PULL NATIONALS LLC ON JULY 17 & 18, 2009 CITY COUNCIL MINUTES –JUNE 23, 2009 th (e) CONSIDERATION FOR APPROVAL OF 35 ANNUAL ARTS & CRAFTS FESTIVAL TO BE HELD SEPTEMBER 18-19, 2009, IN LIBRARY SQUARE AND SURROUNDING STREETS (f) CONSIDERATION FOR APPROVAL OF AIRPORT HANGAR PROJECT (LETTING NO. 10, PROJECT NO. 09-11) ENGINEERING SUPPLEMENTAL AUTHORIZATION (g) CITY OF HUTCHINSON MAY WEB PAGE STATISTICS REPORT (h) CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS Item 6(f) was pulled for separate discussion. Motion by Haugen, second by Arndt, to approve consent agenda with the exception of the item noted above. Motion carried unanimously. Item 6(f) had further discussion. Kent Exner, City Engineer, noted that bids were received last week for this project which came in very competitive. Staff has received information from the State of Minnesota that, if possible, the bid should be awarded sooner than later in order to secure federal funding. The lowest bid came in approximately 50% less than estimated. The agreement for consideration tonight is for the construction and post-construction phase of the project. It was suggested to hold a special meeting to consider awarding the contract to the lowest bidder. Motion by Czmowski, second by Cook, to approve Item 6(f) and set special meeting for June 26, 2009, at 4:30 p.m. to consider awarding contract for Airport Hangar construction project. Motion carried unanimously. PUBLIC HEARINGS – 6:00 P.M. 7. (a) ASSESSMENT HEARING – 2009 PAVEMENT MANAGEMENT PROGRAM – PHASE 2 (ELM TH STREET AND 10 AVENUE) – LETTING NO. 4, PROJECT NO. 09-04 Kent Exner, City Engineer, presented before the Council. Mr. Exner noted that the low bidder is Kraemer Trucking and Excavating, Inc. from Cold Spring, Minnesota. The bid came in very competitive and staff is recommending that the contract be awarded to them. Motion by Arndt, second by Haugen, to close public hearing. Motion carried unanimously. Mayor Cook asked staff where the bonding plan sits with upcoming projects. Mr. Exner explained that there are two improvement projects and the Energy Park improvement which speaks for the amount of bonding required. The Les Kouba Parkway project may need to be addressed as well. The two improvement projects are bonded for just short of $900,000. With the Energy Park project, the bonding could increase to between $1.5 - $1.6 million. Jeremy Carter, Finance Director, presented before the Council. Mr. Carter briefly summarized the City’s debt service plan. The intention of the debt plan was to stabilize project costs and to stabilize debt service levy at no more than 5% each year. Mr. Carter explained more on the debt service plan. Motion by Czmowski, second by Arndt, to approve assessments and award bid for 2009 Pavement th Avenue). Motion carried unanimously. Management Program – Phase 2 (Elm Street and 10 (b) DISCUSSION OF ORDINANCE NO. 09-0521 – A NUISANCE HOUSING ORDINANCE Motion by Arndt, second by Haugen, to close public hearing. Motion carried unanimously. Mayor Cook commented that purpose of the proposed ordinance was to allow an avenue for a quicker response to problem properties as well as to deal with repeat nuisance properties and to place all nuisance issues in one section of the code. Mayor Cook suggested in Section 130.39, to increase the number of calls from two to three. He also suggested allowing the City the possibility to raze structures that are worth merit. 2 CITY COUNCIL MINUTES –JUNE 23, 2009 It was noted that current code, Chapter 92, allows for that mechanism. Mayor Cook asked about the appeal period and suggested perhaps it be less than 45 days. Mayor Cook distributed to the Council some questions/comments he had put together. The Council and Marc Sebora, City Attorney, will review and try to address. 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. (a) CONSIDERATION FOR APPROVAL OF ISSUING ON-SALE & SUNDAY LIQUOR LICENSE TO TIMOTHY MENK LOCATED AT 101 PARK PLACE Marc Sebora, City Attorney, noted that the police department is recommending that the application be denied due to information on the application pertaining to references. Mark Carrigan, representing the applicant, noted that they would like an opportunity to research further the reason for the recommendation of denial and ask that the item be tabled. Mr. Carrigan also requested a copy of the application submitted and a memo that was submitted to the Council Members by the police department. Motion by Arndt, second by Haugen, to table this item to the July 14, 2009, City Council meeting. Motion carried unanimously. NEW BUSINESS 10. (a) CONSIDERATION FOR APPROVAL OF CONDITIONAL USE PERMIT AMENDMENT, SETBACK VARIANCE AND REVISED SITE PLAN FOR CONSTRUCTION OF A 51,000 SQUARE FOOT MANUFACTURING FACILITY AT 900 HIGHWAY 7 WEST REQUESTED BY DAGGETT VENTURES WITH SPLIT PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION NO. 13589) Rebecca Bowers, Planning/Zoning/Building Director, presented before the Council. Ms. Bowers explained that at the April 28, 2009, City Council meeting the Council approved a conditional use permit and site plan for construction of a manufacturing facility as requested by Hutch Manufacturing/Atomic Crane Corporation. Since that time, Atomic Crane Corporation has revised its site plan by rotating the building to lie east/west. The side yard setback being requested is 10 foot rather than 0 foot which was at one time proposed and of concern to a Planning Commissioner. Isaac Marceau, Hutch Manufacturing, spoke about the design of the new building. Motion by Arndt, second by Yost, to approve conditional use permit amendment, setback variance and revised site plan for manufacturing facility located at 900 Highway 7 West adopting Resolution No. 13589 with the additional language added to Condition #11 “with a minimum of 50’ width”. Motion carried unanimously. (b)DISCUSSION OF ENERGY PARK IMPROVEMENTS PHASE 1 PROJECT STATUS Kent Exner, City Engineer, presented before the Council. Mr. Exner noted that the low bidder on the project has submitted a letter indicating that they would honor their bid prices for the Energy Park improvement project through 9/15/09. The City/EDA is working to secure federal grant money for this project which has delayed the start of the construction. Miles Seppelt, EDA Director, informed the Council that information is to be submitted from one federal agency to complete phase 3 of the grant application process. Motion by Arndt, second by Czmowski, to honor the written offer from Mathiowetz Construction and keep the project open until September 15, 2009. Motion carried unanimously. 3 CITY COUNCIL MINUTES –JUNE 23, 2009 (c) DISCUSSION OF MN/DOT TRUNK HIGHWAY 7 PARKLAND DEDICATION PROPERTY TRANSACTION Kent Exner, City Engineer, presented before the Council. Mr. Exner explained that due to the Hwy 7/Hwy 15 project, there was an increase to impervious surface area. As part of this, ponds were placed in city parks. It was then agreed that the City would be compensated in some matter for the taking of the park properties. Ponds were placed in Oddfellows and Masonic Parks by dedicating property along the west side of Hwy 15 and immediately adjacent to Kiwanis Park. Mn/DOT has proposed to purchase approximately 4.04 acres of existing city property (former Dakota Rail parcels near Les Kouba Parkway) for $81,700 and then deed the property back to the City. A Memorandum of Understanding between the City of Hutchinson and the McLeod County Rail Authority was distributed to the Council for consideration. Motion by Arndt, second by Czmowski, to approve Highway 7 Parkland Dedication property transaction. Motion carried unanimously. (d) DISCUSSION OF PUBLIC ARTS COMMISSION POLICIES AND PROCEDURES Mayor Cook presented before the Council. Mayor Cook noted that with upcoming projects, there has been discussion about the role the Public Arts Commission should play. Tom Wirt, Public Arts Commission Chair, presented before the Council. Mr. Wirt explained that the Commission has been discussing how to handle what might be considered public art. Mr. Wirt noted that the ordinance establishing the Commission does not define public art which needs to addressed. It was suggested that public hearings be held with the Public Arts Commission and then forward recommendations to the Council, much like the way the Planning Commission operates. Mayor Cook encouraged citizens to complete an interest form if they are interested in serving on the Public Arts Commission. The Council authorized the Public Arts Commission and staff to work together to propose an ordinance amendment strengthening the policies, procedures and definitions considered by the Commission. (e) CONSIDERATION FOR APPROVAL OF SETTING COUNCIL WORKSHOP FOR JULY 14, 2009, AT 4:45 P.M. TO MEET WITH TIM FLAHERTY OF FLAHERTY & HOOD Mayor Cook noted that Tim Flaherty is the chief lobbyist with the Coalition of Greater Minnesota Cities. Gary Plotz, City Administrator, noted that Mr. Flaherty had contacted him and would like to sit down with the Council to review the lobbying activities conducted by CGMC. Motion by Czmowski, second by Yost, to set Council workshop for July 14, 2009, at 4:30 p.m. to meet with Tim Flaherty of Flaherty & Hood. Motion carried unanimously. 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) PRESENTATION OF 2008 ANNUAL REPORT – PLANNING/ZONING/BUILDING DEPARTMENT Rebecca Bowers, Director of Planning/Zoning/Building, presented before the Council. Ms. Bowers provided a presentation of the 2008 activities for the Planning/Zoning/Building department. Ms. Bowers explained the areas of responsibility for the departments. The department also provides facility management and custodial services for City Center, Public Library and Evergreen Senior Dining. Ms. Bowers reviewed statistical information related to number of building permits, inspections, and land use applications. Ms. Bowers also shared results from a customer service survey completed by building contractors. (b) PRESENTATION OF 2008 ANNUAL REPORT – PUBLIC WORKS Kent Exner, City Engineer, presented before the Council. Mr. Exner provided a presentation of the 2008 activities for the Public Works department. Mr. Exner described the organization which consists of engineering, operations & maintenance and water & wastewater. Mr. Exner reviewed the divisions’ 4 CITY COUNCIL MINUTES –JUNE 23, 2009 accomplishments and goals achieved for 2008. John Olson, Public Works Manager, recognized the individuals that have recently retired. Together they total over 100 years of service to the City. MISCELLANEOUS 12. Jean Johnson, McLeod County Public Health, presented before the Council. Ms. Johnson introduced three youth that have been working on the Tobacco Free Youth Crew leadership program. The program works on reducing tobacco initiation use by youth. The youth provided a presentation on the Tobacco Free Youth Crew program which is working on making parks and outdoor recreation tobacco free. The youth urged the city to adopt a policy to make all parks tobacco free. The Tobacco Free Youth Crew is willing to assist with enforcement of such an ordinance or policy. Dolf Moon, PRCE Director, noted that this group had presented before the PRCE Board as well. He suggested at this time perhaps a smoke free policy may be easier to implement than adopting an ordinance. Gary Plotz – Mr. Plotz noted that a recent announcement was released regarding the Governor’s local government aid reduction to the City. $22.00/per capita in 2009 and $55.00/per capita in 2010 which is approximately $1million over the two years. Mr. Plotz asked of the Council that if this information changes the parameters set earlier in any way, feedback should be given to staff members. Mayor Cook and the Council suggested keeping the parameters as set and have identified “buy backs” should areas be reinstituted. ADJOURN 13. Motion by Arndt, second by Cook, to adjourn at 8:45 p.m. Motion carried unanimously. 5