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05-26-2009 CCMMINUTES REGULAR MEETING – HUTCHINSON CITY COUNCIL TUESDAY, MAY 26, 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. Grorud, Faith Lutheran Church, delivered the invocation. PLEDGE OF ALLEGIANCE 3. PUBLIC COMMENTS 4. Marva Powell, 684 Harrington Street, presented before the Council. Ms. Powell voiced opposition to the proposed mural that will be considered this evening. She would like more public input received prior to approval of it. Linda Wendolek, 22664 Major Avenue, presented before the Council. Ms. Wendolek spoke in opposition to the mural being considered tonight as well. MINUTES 5. (a)REGULARMEETING OF MAY 12, 2009 TH (b) BID OPENING MINUTES OF MAY 12, 2009 (ELM STREET/10 AVENUE NE) Motion by Arndt, second by Haugen, 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 ARPIL 21, 2009 2. PLANNING/ZONING/BUILDING DEPARTMENT MONTHLY REPORT FOR APRIL 2009 3. HUTCHINSON AREA JOINT PLANNING BOARD MINUTES FROM MARCH 18, 2009 4. PLANNING COMMISSION MINUTES FROM APRIL 21, 2009 (b) RESOLUTIONS AND ORDINANCES 1. RESOLUTION NO. 13571 – RESOLUTION AUTHORIZING EXECUTION OF SAFE AND SOBER GRANT AGREEMENT 2. RESOLUTION NO. 13578 – RESOLUTION AMENDING THE CITY OF HUTCHINSON DEFERRED COMPENSATION PLAN 3. ORDINANCE NO. 09-0530 – ORDINANCE ESTABLISHING THE RESOURCE ALLOCATION BOARD (SECOND READING AND ADOPTION) (c) PLANNING COMMISSION ITEMS 1. CONSIDERATION OF CONDITIONAL USE PERMIT TO ALLOW TENT SALES OF FIREWORKS LOCATED AT SUPER 8 MOTEL REQUESTED BY KAREN HERRMAN, HOMETOWN FIREWORKS WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT CITY COUNCIL MINUTES –MAY 26, 2009 RESOLUTION NO. 13572) 2. CONSIDERATION OF CONDITIONAL USE PERMIT TO ALLOW A MURAL ON THE NORTH WALL OF A BUILDING OWNED BY SKIP QUADE LOCATED AT 140 MAIN STREET NORTH REQUESTED BY KAY PETERSON WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION NO. 13573) 3. CONSIDERATION OF FINAL PLAT OF ENERGY PARK NORTH SUBMITTED BY HUTCHINSON ECONOMIC DEVELOPMENT LOCATED NORTH OF WARRIOR MANUFACTURING WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION NO. 13574) (d) CONSIDERATION FOR APPROVAL OF TOBACCO LICENSE FOR HUTCHINSON CO-OP LOCATED AT 600 ADAMS STREET (e) CONSIDERATION FOR APPROVAL OF ITEMS FOR AIRPORT HANGAR CONSTRUCTION (LETTING NO. 10, PROJECT NO. 09-11) (f) CONSIDERATION FOR APPROVAL OF ITEMS FOR 2009 PAVEMENT MANAGEMENT PROGRAM PHASE 2 PROJECT (LETTING NO. 4, PROJECT NO. 09-04) (g) CONSIDERATION FOR APPROVAL OF REVISED ASSESSMENT ROLL – SA5090/LETTING NO. 3, PROJECT NO. 09-03 (h) CITY OF HUTCHINSON APRIL WEB PAGE STATISTICS REPORT (i) CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS Items 6(b)2 and 6(c)2 were pulled for separate discussion. Motion by Czmowski, second by Yost, to approve consent agenda with the exception of the items noted above. Motion carried unanimously. Item 6(b)2 had further discussion. Mayor Cook asked if a copy with the changes highlighted could be distributed as well as further discussion as far as who should serve on the committee. Brenda Ewing, Human Resources Director, noted that an original copy could be distributed to compare with the new document that has been rewritten. The revised plan incorporates existing language and recent law and language amendments that are required. Motion by Yost, second by Cook, to table this item to the June 9, 2009, City Council meeting. Motion carried unanimously. Item 6(c)2 had further discussion. Rebecca Bowers, Planning/Zoning/Building Director, presented before the Council. Ms. Bowers explained that Kay Peterson has requested to place a mural on the side of the building located at 140 Main Street which is next to the Crow River Dam. The mural could be allowed via conditional use permit. Ms. Bowers noted that the Planning Commission did recommend approval with the condition that the framing of the mural be enclosed to protect the building from the outside elements. Mayor Cook noted that the project seems to be a work in progress and he suggested waiting to consider until a more complete project is presented. Mayor Cook also suggested having the Public Arts Commission meet on this since the location is so close to park area which may be considered a gateway welcome area of the City. The mayor also suggested adding a condition to the conditional use permit allowing the City the ability to remove the mural should it not be maintained properly. Council Member Yost noted that he had received some feedback from the public pertaining to this project. The parties he spoke to voiced opposition to having faces painted on it as proposed. Rather a scenic view may be a better fit for the area. Council Member Yost also noted that it was suggested that more public feedback be received rather than only the public hearing held at the Planning Commission. Mayor Cook noted that he likes the rough draft of the mural that is proposed, even the figures that are being 2 CITY COUNCIL MINUTES –MAY 26, 2009 proposed. He suggested perhaps having a legend to coincide with the mural that will explain the components of the mural. Council Member Arndt noted he is in favor of such a historical mural as it will improve the area in general. Kay Peterson spoke before the Council. Ms. Peterson noted that there is no use of public funds for this mural. The artist has also been hired for 20 years to maintain the mural on an annual basis. Ms. Peterson noted that it is intended that the mural be placed up in March 2010. Lance Albers, mural artist, presented before the Council. Mr. Albers explained the proposed mural which is a more complete sketch since the Planning Commission. Council Member Czmowski asked if Mr. Albers had had open houses in the other communities he has created murals to gather public feedback. Mr. Albers noted that in other communities he has worked with team members to gain feedback. Council Member Haugen noted that with Hutchinson’s rich history, the mural seems to be a nice fit. Motion by Haugen, second by Arndt, to approve Item 6(c)2 adding another condition noting that the mural can be removed if not maintained properly. Roll call vote was taken: Haugen – aye; Arndt – aye; Yost – nay; Czmowski – aye; Cook – aye. Motion carried 4 to 1. PUBLIC HEARINGS – 6:00 P.M. – NONE 7. 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) 2008 ANNUAL STANDARD REPORT TO CITY OF HUTCHINSON FROM HUTCHINSON AREA HEALTH CARE – MARY ELLEN WELLS Mary Ellen Wells, Hutchinson Area Health Care, presented before the Council. Ms. Wells noted that Scott Schaefer and Mike Cannon are also in attendance as members of the Hutchinson Health Care Board. Ms. Wells provided an overview of the 2008 annual standard report of Hutchinson Health Care. Hutchinson Health Care received a clean opinion following their 2008 audit. Ms. Wells provided a year at a glance related to total admissions, inpatient surgeries, same day center, ER visits, ambulance calls, radiology procedures, mental health, Burns Manor occupancy and recruitment of providers. The main focus in 2009 for Hutchinson Health Care is the senior campus. (b) DISCUSSION OF LES KOUBA PARKWAY IMPROVEMENT ALTERNATIVES Kent Exner, City Engineer, presented before the Council. Mr. Exner reviewed the first proposal of improvements to the Les Kouba Parkway area that was drawn up a few years ago. Mr. Exner provided an alternative to the original proposal which would consist of a couple of parking areas, a visitors’ center, a trail and a gravel open space area for parking. One of the trails (12 foot wide) provides another exit point. This alternative does not provide for two-way traffic in some areas. The total estimated project cost of this alternative is just over $420,000. Council Member Haugen voiced concerns over eliminating some of the circulation through the linear park. He feels that the entire concept has changed and he feels it may be because the first proposal is unaffordable. Council Member Haugen has concerns that the new concept is constructing the project in bits and pieces. Mr. Exner expressed that building a two-way road improvement is estimated at $800,000 which may be very conservative. It was suggested to hold a public hearing to receive feedback on the project. It was suggested that the gravel road be dust-coated this year to keep down the dust in the park area. McLeod County is performing the service in the next week or so. A special meeting may be held this Friday on another subject so perhaps a follow-up could be discussed at that time on what the cost would be to the City for dust coating Les Kouba Parkway. Motion by Arndt, second by Cook, to authorize Kent Exner to speak to the county about the cost of the dust- coating and bring the numbers back to the special meeting on Friday. Motion carried unanimously. Kent Exner noted that he will schedule a public hearing for the end of June to discuss the Les Kouba Parkway improvements. 3 CITY COUNCIL MINUTES –MAY 26, 2009 UNFINISHED BUSINESS 9. (a) CONSIDERATION OF MODIFYING POLICY GOVERNANCE – CHAD CZMOWSKI Council Member Chad Czmowski noted that he has received feedback from staff that portions of policy governance are unuseful, such as some executive limitations. He did preface that the ends statements should be kept in place as part of Policy Governance. He suggested that perhaps some of the monitoring reports need not be written simply to justify the doings of one’s job or to prove that nothing has been done wrong. Gary Plotz, City Administrator, noted that instead maybe department measurements and/or annual reports could be used to link the outcomes with the ends statements. Mr. Plotz suggested working on outcomes first in 2009 and amend the current workplan. Discussion was held as to how to work with the executive limitations. The Council consented that the ends will be reviewed first. NEW BUSINESS 10. (a) CONSIDERATION OF VIDEO STREAMING AND E-MAIL – TOM KLOSS, INFORMATION TECHNOLOGY DIRECTOR Tom Kloss, Information Technology Director, presented before the Council. Mr. Kloss noted that in early 2008 general discussion was held regarding video streaming Council meetings to the City’s web site. IT staff has researched various options with the best option being a product being managed by internal staff at a very reasonable cost. The initial cost is estimated at $1500 with a yearly maintenance fee of less than $150 for software and hardware. Mr. Kloss also reviewed an email notification service that could be made available to notify subscribers of changes to the web site via email or text messaging services. This service has a setup fee of $1800 with a $180 monthly service charge. Council Member Haugen noted that he would prefer that more people attend the Council meetings as opposed to providing other media avenues. It was suggested that this item be considered with the 2010 budget discussions. Motion by Arndt, second by Haugen, to table this item indefinitely. Motion carried unanimously. (b) CONSIDERATION FOR APPROVAL OF RESETTING POLICY GOVERNANCE SESSION ON JUNE 18, 2009, TO JUNE 24, 2009 Mayor Cook noted that June 18, 2009, is Water Carnival week so it was suggested that the session be re-set to June 24, 2009. Gary Plotz noted that the LMC Annual Conference is that week. Motion by Czmowski, second by Cook, to re-set June 18, 2009, Policy Governance session to June 30, 2009. Motion carried unanimously. (c) CLOSED SESSION PURSUANT TO MINNESOTA STATUTE 13D.05, SUBD. 3(C) TO DISCUSS PROPERTY ACQUISITION RELATED TO PROPERTY IDENTIFIED AS LOT 9, BLOCK 29, TOWNSITE OF HUTCHINSON NORTH HALF AND LOT 8, BLOCK 29, TOWNSITE OF HUTCHINSON, LESS RAILROAD RIGHT OF WAY Motion by Arndt, second by Haugen, to move into closed session at 8:25 p.m. Motion carried unanimously. Motion by Yost, second by Cook, to convene into open session at 8:35 p.m. Motion carried unanimously. Motion by Czmowski, second by Cook, to purchase property located at 186 & 196 Third Avenue NW approving the purchase agreement totaling $34,000 which includes relocation benefits. 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) UPDATE ON MOTOR VEHICLE HOURS OF OPERATION Gary Plotz, City Administrator, presented before the Council. Mr. Plotz reminded the Council that last 4 CITY COUNCIL MINUTES –MAY 26, 2009 March the Motor Vehicle office hours changed with closing on Mondays and having extended hours on Thursdays. These hours changed for a three-month trial. During this trial period revenues increased and expenses decreased. A four-month extension to continue these hours has been granted by the State. Motion by Arndt, second by Czmowski, to approve the four-month extension to the change in hours of motor vehicle hours. Motion carried unanimously. (b) CITY OF HUTCHINSON FINANCIAL REPORT FOR APRIL 2009 Council Member Yost asked about the differences in numbers between 2008 and 2009 in unallocated expenses. Gary Plotz noted that it could be due to a specific large bill that needed to be paid, however he will follow up with the finance department and respond back to the Council. No action. (c) CITY OF HUTCHINSON INVESTMENT REPORT FOR APRIL 2009 No action. MISCELLANEOUS 12. Marc Sebora – Mr. Sebora noted that perhaps a special meeting needs to be set. Gary Plotz, City Administrator, explained that the City’s contract with its main marketer for Creekside has expired and staff has been negotiating with the marketer over the last couple of months. Staff received today a signed contract from the marketer which needs consideration from the Council. However, staff would like the Council to have enough time to review it before considering it for approval. In addition, the Council will consider dust coating Les Kouba Parkway. Motion by Haugen, second by Cook, to set a special meeting for May 29, 2009, at 12noon at the City Center to review contract with JMSI and discuss dust control at Les Kouba Parkway. Motion carried unanimously. Eric Yost – Council Member Yost noted that he has received a call or two in regard to those in favor of having a code enforcer. The consensus of the Council was that staff could be more proactive in enforcing code violations. A checklist of reoccurring problems was suggested to be used by staff when viewing neighborhoods to keep things consistent. Gary Plotz – Mr. Plotz noted that discussions need to be held regarding budget parameters for 2010 and specific activity related to the 2010 budget (retirements, wage freeze, LGA loss, levying unallotments, etc.). Motion by Czmowski, second by Arndt, to set budget workshop for June 3, 2009, at 4:00 p.m. to discuss the 2010 budget. Motion carried unanimously. General discussion was held regarding upcoming improvement projects and the cost/financing of them. ADJOURN 13. Motion by Arndt, second by Cook, to adjourn at 8:35. Motion carried unanimously. 5