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09-22-2009 CCMMINUTES REGULAR MEETING – HUTCHINSON CITY COUNCIL TUESDAY, SEPTEMBER 22, 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. Ben Vogel, Peace Lutheran Church, delivered the invocation. PLEDGE OF ALLEGIANCE 3. PUBLIC COMMENTS 4. Dr. Chris Wallyn, 1204 Lewis Avenue SW, presented before the Council. Dr. Wallyn noted that he was in attendance on behalf of the Lewis Avenue cul-de-sac neighborhood. Dr. Wallyn noted that the neighborhood is requesting a hearing in front of the City Council related to issues and inactions taken by city staff in their neighborhood. Mayor Cook noted that a hearing will be set at the next Council meeting. MINUTES 5. (a)REGULARMEETING OF SEPTEMBER 8, 2009 Misc. section – Mayor Cook noted that the language in which the budget process was discussed should be changed to read that requests to changes in the budget “should be encouraged to follow procedure as noted in City Charter”. Motion by Arndt, second by Haugen, to approve the minutes as presented with the change noted by Mayor Cook. 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 (b)RESOLUTIONS AND ORDINANCES 1.RESOLUTION NO. 13631 – RESOLUTION AUTHORIZING DONATION OF UNCLAIMED PROPERTY (c)PLANNING COMMISSION ITEMS 1.CONSIDERATION OF CONDITIONAL USE PERMIT TO ALLOW REPLACEMENT OF A GARAGE AT A RESIDENCE IN THE C-3 ZONING DISTRICT AND A VARIANCE TO ALLOW A 3.5 FOOT SETBACK FROM THE RESIDENTIAL ZONING BOUNDARY WHERE 10 FEET IS REQUIRED AT 246 FRANKLIN STREET SW REQUESTED BY JIM AND JENNIFER MILLER, PROPERTY OWNERS, WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION NO. 13625) 2.CONSIDERATION OF PRELIMINARY AND FINAL PLAT OF HUTCHINSON MANUFACTURING SECOND ADDITION AND VACATION OF EASEMENT TO VACATE THE PREVIOUSLY PLATTED EASEMENT IN HUTCHINSON MANUFACTURING ADDITION REQUESTED BY TOM DAGGETT, PROPERTY OWNER, WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION NO. 13626) 3.CONSIDERATION OF CONDITIONAL USE PERMIT TO ALLOW CONSTRUCTION OF A 24’ X 24’ STORAGE GARAGE ON SCHOOL PROPERTY AT 1200 ROBERTS ROAD SW CITY COUNCIL MINUTES –SEPTEMBER 22, 2009 REQUESTED BY BRIAN MOHR, BUILDING AND GROUNDS SUPERINTENDENT, ON BEHALF OF SCHOOL DISTRICT 423, PROPERTY OWNER, WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION NO. 13627) 4.CONSIDERATION OF PRELIMINARY PLAT OF LES KOUBA RIVERVIEW ADDITION SUBMITTED BY HUTCHINSON ECONOMIC DEVELOPMENT AUTHORITY WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION NO. 13628) 5.CONSIDERATION OF FINAL PLAT OF PARK TOWERS ADDITION SUBMITTED BY HUTCHINSON HOUSING AND REDEVELOPMENT AUTHORITY WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (RESOLUTION NO. 13629) (d) CONSIDERATION FOR APPROVAL OF CHANGE ORDER NO. 1, LETTING NO. 4 – PROJECT NO. 09-04 (2009 PAVEMENT MANAGEMENT PROGRAM PHASE 2) (e) CONSIDERATION FOR APPROVAL OF SETTING CREEKSIDE SOILS COMMUNITY OPEN HOUSE FOR SEPTEMBER 26, 2009, FROM 9:00 A.M. – 3:00 P.M. (f) CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS Items 6(b)1, 6(c)1, 6(c)2 and 6(c)4 were pulled for separate discussion. Motion by Haugen, second by Arndt, to approve consent agenda with the exception of the items noted above. Motion carried unanimously. Item 6(b)1 had further discussion. Council Member Haugen asked for clarification on the donation. Motion by Haugen, second by Arndt, to approve Item 6(b)1. Motion carried unanimously. Item 6(c)1 had further discussion. Mayor Cook noted that he feels the Resolution should specify what the hardship is that validates the variance. He noted that is his same concern with Item 6(c)2. Mayor Cook suggested language to add to Condition #3 on Resolution No. 13625 more specifically identifying the hardship. Motion by Haugen, second by Czmowski, to add language to condition #2 such as “due to existing non conforming setback as the structure was constructed prior to modern zoning standards, and alignment and accessibility to the garage”. Motion carried unanimously. Item 6(c)2 had further discussion. Mayor Cook suggested alternative language to the condition listed on the Resolution, such as, ”The final plat shall be recorded at the McLeod County Recorder’s office within 270 days of approval and will include a new drainage and utility easement along the easterly property line”. Motion by Czmowski, second by Cook, to approve Item 6(c)2 with the alternative language proposed by the mayor. Motion carried unanimously. Item 6(c)4 had further discussion. Miles Seppelt, EDA Director, explained that this item encompasses the project that was explained to the Council a couple of meetings back. Nothing has changed with the plan since the presentation. The preliminary plat combines several lots into one lot, totaling approximately three acres. Motion by Yost, second by Cook, to approve Item 6(c)4. Motion carried unanimously. PUBLIC HEARINGS – 6:00 P.M. 7. (a)CONSIDERATION OF ISSUING ON-SALE INTOXICATING LIQUOR LICENSE TO BRYAN 2 CITY COUNCIL MINUTES –SEPTEMBER 22, 2009 BAKKEN Mayor Cook noted that the police department is recommending that the liquor license application be denied due to falsified and omitted information. Bryan Bakken, applicant, presented before the Council. Mr. Bakken explained that his understanding is that the application has been denied due to a misunderstanding on whether or not the ownership was going to be a partnership. Mr. Bakken explained to the Council his plans for the restaurant he would like to own. Mr. Bakken explained that the investor in the restaurant is providing the money to Gene Doherty who in turn would be providing it to Mr. Bakken. Mr. Bakken then explained how he would be repaying the investment. Mr. Bakken believes that the police department then determined that the ownership was a partnership with Mr. Doherty, when, according to Mr. Bakken, he is the sole owner. Mark Carrigan, legal counsel for Mr. Bakken, presented before the Council. Mr. Carrigan spoke about the misperception of the partnership obtained by the police officers that interviewed Mr. Bakken. Mayor Cook spoke that the similarity with the last three applications for a liquor license at the same location is Gene Doherty. Mr. Carrigan explained that Mr. Doherty and the investor are lifelong friends and Mr. Doherty stands to have some financial incentive in obtaining an individual to operate a restaurant with this investment. Chief Dan Hatten presented before the Council.Chief Hatten explained that Mr. Bakken provided information to the police department indicating that he was in partnership with Gene Doherty and explained how he was going to be paid for operating the restaurant. Chief Hatten also noted that Mr. Bakken had provided him information that members of the Doherty family, as well as Tim Menk, previous applicant, may be employees of the proposed restaurant. Chief Hatten explained that the department stands by their recommendation of denying the application. Council Member Czmowski noted that he feels Mr. Bakken is being sincere and he has applied as a sole proprietor and not as a partnership. Motion by Arndt, second by Czmowski, to close public hearing. Motion carried unanimously. Motion by Czmowski, second by Cook, to approve issuing on-sale intoxicating liquor license to Bryan Bakken. Mayor Cook noted that he feels the application has been completed accurately, however he cautioned the applicant that the license and business will be reviewed at close watch. Mayor Cook suggested allowing the Council/City Administrator the opportunity to review financing documents as a contingency to the approval of the liquor license. Motion was denied (all nay). Motion by Czmowski, second by Cook, to issue liquor license contingent upon review and satisfaction of adequate business records of Mr. Bakken by City Administrator. Motion carried unanimously. These business records should include financing records, payment schedule, and employment arrangements/requirements. 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)ORDINANCE NO. 09-0521 – AN ORDINANCE PROHIBITING PUBLIC CONDUCT AND PROPERTY CONDITION NUISANCES (SECOND READING AND ADOPTION) Mayor Cook noted that this item had been tabled at the last meeting to allow the Council and staff time to review some suggestions made by a neighborhood. City Attorney Marc Sebora noted that, for the most part, the suggestions are already covered in current city code, the proposed ordinance or Minnesota law. Motion by Czmowski, second by Yost, to adopt Ordinance No. 09-0521. Motion carried unanimously. (b)CONSIDERATION FOR APPROVAL OF ITEMS FOR ENERGY PARK IMPROVEMENTS PHASE 1 – LETTING NO. 1, PROJECT NO. 09-01 (ADOPTING ASSESSMENT, ACCEPTING BID AND 3 CITY COUNCIL MINUTES –SEPTEMBER 22, 2009 AWARDING CONTRACT) Kent Exner, City Engineer, noted that the City is still awaiting the notice to proceed from the federal government on the grant process before the project can be awarded. This item will be discussed at a special meeting on Tuesday, September 29, 2009, at 1:00 p.m. Motion by Arndt, second by Haugen, to set special City Council meeting on Tuesday, September 29, 2009, at 1:00 p.m. to discuss an issue related to New Crane Manufacturing and the Energy Park Project. Motion carried unanimously. NEW BUSINESS 10. (a)CONSIDERATION FOR APPROVAL OF PROVIDING FOR THE SALE OF $2,255,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2009D (ADOPT RESOLUTION NO. 13630) Jeremy Carter, Finance Director, presented before the Council. Mr. Carter explained that a pre-sale report has been provided to the Council. Bruce Kimmel, Ehlers & Associates, presented before the Council. Mr. Kimmel explained the details of the pre-sale report. The intent of the bonds is to provide long-term financing for four capital improvement projects in the City’s 2009 capital improvement plan. The bonds are structured to mature in 2010 through 2024 with assessment revenues paying a portion of the debt service in 2010 through 2019. The City has an “AA-“ rating from Standard & Poor’s. If approved tonight, the awarding of the sale of the bonds will be considered October 13, 2009. Motion by Haugen, second by Czmowski, to approve the sale of $2,255,000 general obligation improvement bonds, Series 2009D, adopting Resolution No. 13630. Motion carried unanimously. (b)CONSIDERATION OF A VARIANCE TO INCREASE LOT COVERAGE IN SHORELAND AREA FROM 25% TO 28% FOR ADDITION TO EXISTING HOUSE AT 1880 WEST SHORE DRIVE SW REQUESTED BY JEREMY AND STACY CROSBY, PROPERTY OWNERS, WITH SPLIT FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION NO. 13624) Gary Plotz, City Administrator, presented before the Council. Mr. Plotz explained that the approval of this item was split by the Planning Commission. In addition, staff does not recommend approval of this item due to lack of hardship. Mr. Plotz explained the property owner’s request and showed pictures of the location of the property in comparison to the location of Otter Lake. The shoreland ordinance states that “impervious surface coverage of lots must not exceed 25% of the lot area”. The request is to allow an increase of coverage to 28% to allow the construction of the addition to the home. Mr. Plotz explained that the local DNR Representative has provided some information on his interpretation of calculating the impervious surface, which has arrived at an allowable impervious surface rate of 2490 feet, which includes the deck, overhang, driveway slab, etc. In the end, the calculations still show that the proposal is over the allowable coverage. Council Member Haugen noted that there is drainage on the property that flows away from the lake. Jeremy Crosby, applicant, presented before the Council. Mr. Crosby explained the intentions of their deck, which is simply that, a deck. Mr. Crosby explained that he would be willing to construct a rain garden to accommodate for the loss of impervious surface. Mayor Cook noted his concern of the hardship being notated as “not informed of the shoreland requirement when they purchased the property”. The Planning Commission had noted the hardship was the uniqueness of the property. Mayor Cook suggested adding language to the first sentence under condition #1 on the Resolution, such as, “.…and uniqueness due to existing drainage in the back yard directing that drainage to a catch basin along Underwood Avenue to the west away from the lake, and a portion of the property not being in the shoreland district”. 4 CITY COUNCIL MINUTES –SEPTEMBER 22, 2009 City Attorney Marc Sebora gave his interpretation of the Planning Commission’s approval and decision. Motion by Arndt, second by Czmowski, to approve variance request, adopting Resolution No. 13624, contingent upon the inclusion of an approved rain garden by City staff (add as a condition to the Resolution). Motion carried unanimously. (c)PRESENTATION BY CINDY HOFFMAN ON HUTCHINSON AREA LANDLORD’S ORGANIZATION (HALO) PROGRAM AND POTENTIAL ADJUSTMENT TO INSPECTION FEE SCHEDULE Cindy Hoffman, leader of a small group of rental property owners explained that the group would like to implement a program similar to Golden Valley’s STAR Program. The HALO Program is supported by Fire Chief Brad Emans and has an incentive program for rental property owners related to their rental registration fees. The program would begin January 2010. Motion by Haugen, second by Arndt, to approve proposed HALO program and adjustment to fee schedule in 2010. Motion carried unanimously. (d) CONSIDERATION FOR APPROVAL OF PARKS DEPARTMENT REORGANIZATION Gary Plotz, City Administrator, noted that a reorganization has been proposed in the Parks Department due to recent attrition through retirements. Brenda Ewing, Human Resources Director, presented the proposal as outlined in the Council packet. The reorganization reduces personnel costs to the PRCE budget by over $100,000 for 2010. Motion by Czmowski, second by Haugen, to approve Parks Department reorganization. Motion carried unanimously. (e) CLOSED SESSION PURSUANT TO MINNESOTA STATUTE 13D.05, SUBD. 3(C) TO DISCUSS PROPERTY ACQUISITION RELATED TO PROPERTY IDENTIFIED AS THE FOLLOWING: Lot 7, Block 13, North Half City of Hutchinson Lot 8 EX N197', Block 13, North Half City of Hutchinson N197' of W 1/2 of Lot 8, Block 13, North Half City of Hutchinson N165' of E 1/2 of Lot 8, Block 13, North Half City of Hutchinson N197' of E 1/2 of Lot 8 EX N165', Block 13, North Half City of Hutchinson S146' of Lot 9, Block 13, North Half City of Hutchinson S200' of Lot 10 & S200' of W 1/2 of Lot 11, Block 13, North Half City of Hutchinson S132' of E 1/2 of Lot 11, Block 13, North Half City of Hutchinson Lot 12 EX N199.5', Block 13, North Half City of Hutchinson N 1/2 of Lot 1, Block 25, North Half City of Hutchinson Lot 2 EX S'ly 118.24', Block 25, North Half City of Hutchinson Lot 1 EX S132' & EX N110', Block 12, North Half City of Hutchinson 66' N of S66' of Lot 1, Block 12, North Half City of Hutchinson S66' of Lot 1, Block 12, North Half City of Hutchinson N92' of Lot 12, Block 12, North Half City of Hutchinson S 1/2 of Lots 1 & 2, Block 10, North 1/2 City of Hutchinson Motion by Arndt, second by Cook, to close meeting at 8:05 p.m. Motion carried unanimously. Motion by Arndt, second by Cook, to reconvene into open meeting at 8:30 p.m. Motion carried unanimously. Motion by Arndt, second by Cook, to add Consideration of Resolution of City’s participation in transaction with Mn/DOT in regard to parkland dedication for Hwy 7 project to the September 29, 2009, special meeting agenda. Motion carried unanimously. GOVERNANCE 11. (Purpose: to assess past organizational performance, develop policy that guides the organization and 5 CITY COUNCIL MINUTES –SEPTEMBER 22, 2009 Council and manage the logistics of the Council. May include monitoring reports, policy development and governance process items.) (a)DISCUSSION OF BUDGET PROCESS – MAYOR STEVE COOK Mayor Steve Cook suggested deferring this item to the next meeting. (b) CITY OF HUTCHINSON FINANCIAL REPORT FROM AUGUST 2009 (c) CITY OF HUTCHINSON INVESTMENT REPORT FROM AUGUST 2009 (d)PLANNING COMMISSION MINUTES FROM AUGUST 18, 2009 (e)CITY OF HUTCHINSON WEB PAGE REPORTS FROM AUGUST 2009 (f)JOINT PLANNING COMMISSION MINUTES FROM JULY 15, 2009 (g)PLANNING/ZONING/BUILDING DEPARTMENT MONTHLY REPORT FOR AUGUST 2009 No action required for Items 11(b) – 11(h). MISCELLANEOUS 12. Gary Plotz – Mr. Plotz explained that representatives from Hutchinson Area Health Care have put in a request to the City to approve a letter in support of HAHC applying for financial assistant from the USDA – Rural Development Program to proceed with HAHC’s senior housing project. Motion by Arndt, second by Yost, to approve authorizing mayor and city administrator to complete letter of support to the USDA for HAHC financing. Mr. Plotz also updated the Council on HAHC’s progress with the senior housing project. As part of the project, they will need to replat, request a rezoning and apply for a Planned Unit Development. Due to the complexity of the project and an environmental review that needs to be completed, staff is recommending that an outside consultant be used. Mr. Plotz will obtain quotes from various agencies and will present his findings at a future Council meeting. General discussion was held regarding water/wastewater budgets. Discussion was held regarding cash flow and reducing rates. Direction was given by the Council that the budgets need to be balanced. Motion by Czmowski, second by Cook, to ask that water/sewer budgets to have a balanced cash flow for 2010. Motion carried unanimously. Kent Exner – Mr. Exner provided updates on improvement projects. th Mayor Cook – Mayor Cook inquired about adding a turn lane into the bike lane at the Adams Street/5 Avenue intersection. Kent Exner noted that the intersection will be reconfigured with the Adams Street/Washington Avenue reconstruction in 2010. Mayor Cook also spoke about alternatives to the City’s health plan due to the forecasted 20% increase. Gary Plotz noted that staff will look into alternatives and bring recommendations forward to the Wage Committee. ADJOURN 13. Motion by Arndt, second by Cook, to adjourn at 8:31 p.m. Motion carried unanimously. 6