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05-24-2011 CCMMINUTES REGULAR MEETING – HUTCHINSON CITY COUNCIL TUESDAY, MAY 24, 2011 CALL TO ORDER – 5:30 P.M. 1. Mayor Steve Cook called the meeting to order. Members present were Mary Christensen, Eric Yost, and Chad Czmowski. Council Member absent was Bill Arndt. Others present were Jeremy Carter, City Administrator and Marc Sebora, City Attorney. INVOCATION 2. – Rev. Howard Anderson, Hunter’s Ridge Community Church, delivered the invocation. PLEDGE OF ALLEGIANCE 3. PUBLIC COMMENTS 4. MINUTES 5. (a)REGULARMEETING OF MAY 10, 2011 Motion by Czmowski, second by Christensen, 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) RESOLUTIONS AND ORDINANCES 1.RESOLUTION NO. 13885 - RESOLUTION ESTABLISHING LOCATION FOR TRAFFIC CONTROL DEVICES 2. ORDINANCE NO. 11-0669 - CONSIDERATION FOR APPROVAL OF FRANCHISE AGREEMENT RENEWAL WITH SONORA’S MEXICAN RESTAURANT FOR THE PURPOSE OF PERMITTING A SIDEWALK CAFÉ (WAIVE FIRST READING AND SET PUBLIC HEARING AND SECOND READING AND ADOPTION OF ORDINANCE NO. 11-0669 FOR JUNE 14, 2011) (b)PLANNING COMMISSION ITEMS 1.CONSIDERATION OF CONDITIONAL USE PERMIT TO AMEND THE PLANNED DEVELOPMENT DISTRICT TO ALLOW CONSTRUCTION OF A HOUSE WITH ZERO SETBACK TO THE FRONT AND REAR PROPERTY LINES WITH 16 INCH GABLE OVERHANGS INTO COMMONS AREA AND TO BUILD AN ACCESSIBLE EGRESS STAIR OFF THE DECK INTO THE SIDE SETBACK AT 1189 OAKWOOD COURT NW WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION NO. 13884) (c)CONSIDERATION FOR APPROVAL OF CITY AIRPORT FIXED BASE OPERATOR AGREEMENT (d)CONSIDERATION FOR APPROVAL OF ISSUING PARADE PERMIT TO VFW POST 906 ON MAY 30, 2011 (e)CONSIDERATION FOR APPROVAL OF ISSUING CARNIVAL PERMIT TO J&K AMUSEMENTS CITY COUNCIL MINUTES –MAY 24, 2011 FROM JUNE 3 – JUNE 5, 2011, AT THE HUTCHINSON MALL (f)CONSIDERATION FOR APPROVAL OF ISSUING PUBLIC DANCE PERMIT TO AMERICAN LEGION POST 96 ON JUNE 18, 2011 ST (g)CONSIDERATION FOR APPROVAL OF CLOSING 1 AVENUE SE BETWEEN MAIN STREET AND HASSAN STREET ON JUNE 10, 2011, FOR DAIRY DAYS CELEBRATION (h)CONSIDERATION FOR APPROVAL OF SEVENTH-DAY ADVENTISTS 5K RUN ON JUNE 12, 2011 (i)CONSIDERATION FOR APPROVAL OF ISSUING SHORT-TERM GAMBLING LICENSE TO VOITURE LOCALE NO. 414 ON NOVEMBER 22, 2011, AT AMERICAN LEGION POST 96 (j)CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS Items 6(a)2 and 6(c) were pulled for separate discussion. Motion by Czmowski, second by Cook, to approve consent agenda with the exception of the items noted above. Motion carried unanimously. Item 6(a)2 had further discussion. Mayor Cook noted that the name of the restaurant has changed to Las Palmas and should be notated in the ordinance. Marc Sebora noted that the last franchise agreement was for five years with an annual fee of $25.00. Marc Sebora also noted that no liquor is allowed in the franchise area and he suggested adding that in Section 9 of the agreement. This is consistent with the liquor ordinance. Motion by Yost, second by Christensen, to approve Item 6(a)2 with the additional items listed above. Motion carried unanimously. Item 6(c) had further discussion. Council Member Yost noted that on Page 1 the year end date needs to be changed to 2014. Council Member Yost also commented on Section 8. He expressed environmental concerns with moving equipment to unpaved areas when temperatures exceed fifty degrees. John Olson, Public Works Manager, noted that the equipment that is moved is typically empty of any fluids. Motion by Yost, second by Czmowski, to approve Item 6(c). Motion carried unanimously. PUBLIC HEARINGS – 6:00 P.M. 7. (a)CONSIDERATION OF COMMENTS AND INPUT ON THE STORM WATER POLLUTION PREVENTION PLAN John Paulson, Environmental Specialist, presented before the Council. Mr. Paulson explained that a public hearing is required as part of the National Pollution Discharge Elimination System Phase II permit. This requirement is due to the regulation that applies to all cities that are determined to have and maintain a Municipal Separate Storm Sewer System. Mr. Paulson spoke of public education and outreach, illicit discharge detection and elimination, working with construction site stormwater runoff control, post- construction stormwater management, and pollution prevention. John Olson, Public Works Manager, noted that in 2010 street sweepings became identified as industrial waste. This means that staff will have to change the way they do things to have stockpiles screened off on a very regular basis and keep separate from other materials. Additional equipment may need to be purchased. This equipment should be able to be shared with other entities. Motion by Czmowski, second by Yost, to close public hearing. Motion carried unanimously. Motion by Yost, second by Christensen, to approve Storm Water Pollution Prevention Plan Annual Report 2 CITY COUNCIL MINUTES –MAY 24, 2011 for 2010. 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) (a)PRESENTATION OF HUTCHINSON HEALTH CARE 2010 ANNUAL REPORT – DR. STEVEN MULDER Dr. Steven Mulder presented before the Council.Dr. Mulder provided a 2010 annual report as required by the lease agreement between the City of Hutchinson and Hutchinson Health Care. This presentation included information on financials, services, providers and the new senior housing development. UNFINISHED BUSINESS 9. NEW BUSINESS 10. (a)CLOSED SESSION PURSUANT TO MINNESOTA STATUTE 13D.05, SUBD. 3(C) TO DISCUSS ND PROPERTY ACQUISITION OF PROPERTY LOCATED AT 105 2 AVENUE SE Mayor Cook asked that this item be tabled to June 14, 2011, due to the absence of individuals necessary for the discussion. Motion by Czmowski, second by Yost, to table Item 10(a) to June 14, 2011. 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)PLANNING, ZONING, BUILDING DEPARTMENT MONTHLY REPORTS FOR MARCH 2011 AND APRIL 2011 (b)PLANNING COMMISSION MINUTES FROM APRIL 19, 2011 (c)HUTCHINSON HOUSING & REDEVELOPMENT AUTHORITY BOARD MINUTES FROM APRIL 19, 2011 MISCELLANEOUS 12. Mary Christensen – Council Member Christensen noted that an open house is being held tomorrow night at 5:30 p.m. at the Event Center to review the Comprehensive Plan. The purpose of the open house is to gather public input for the creation of the Comprehensive Plan. Jeremy Carter – Mr. Carter noted that the Everbridge citizen notification system is beginning to be implemented, and staff is planning a July 1, 2011, activation date. However, the system will not be ready for mosquito spraying notification. John Olson, Public Works Manager, noted that larvicide is complete and the traps are up. The first application is scheduled for May 31, 2011, and each following Monday for five weeks. If Mondays have inclement weather, then the applications will be done on Tuesdays. Council Member Christensen asked how Mondays were chosen for application days. Mr. Olson explained that basically the cost is less the farther the application is from the weekend. Eric Yost – Council Member Yost asked if the heavy rain delayed any of the road construction projects. Jeremy Carter, City Administrator, answered that the construction is probably more dependent on how much more rain we get. Mayor Cook – Mayor Cook suggested holding an emergency management training session for elected officials. Jeremy Carter noted that training is scheduled for directors on June 20, 2011, from 9:00 a.m. – 3 CITY COUNCIL MINUTES –MAY 24, 2011 12noon at the EOC. This will be set as a public meeting at the next Council meeting. Mayor Cook also noted that the HRA minutes indicate that a purchase agreement is in place for 400 Lynn Road. It is good to see progression on that property. ADJOURN 13. Motion by Czmowski, second by Cook, to adjourn at 6:30 p.m. Motion carried unanimously. ATTEST: Steven W. Cook Jeremy J. Carter Mayor City Administrator 4