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07-28-2009 CCMMINUTES REGULAR MEETING – HUTCHINSON CITY COUNCIL TUESDAY, JULY 28, 2009 CALL TO ORDER – 5:30 P.M. 1. 2.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 3. – Rev. Adams, Riverside Assembly of God Church, delivered the invocation. PLEDGE OF ALLEGIANCE 4. PUBLIC COMMENTS 4. Dolf Moon, PRCE Director, presented Eagle Scout Luke Bobier. Mr. Moon explained that improvements are being made to Boy Scout Park by adding a statute of a 6-foot Boy Scout to the grounds. This will also include paving and landscaping. Tonight’s announcement will begin the required 30-day public comment period as noted in the Public Arts Commission policies. MINUTES 5. (a)REGULARMEETING OF JULY 14, 2009 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 JUNE 16, 2009 2.HUTCHINSON AREA JOINT PLANNING BOARD MINUTES FROM JUNE 17, 2009 3.HUTCHINSON PLANNING COMMISSION MINUTES FROM JUNE 16, 2009 4.HUTCHINSON WEB SITE STATISTICS REPORT FOR JUNE 2009 (b) RESOLUTIONS AND ORDINANCES 1. RESOLUTION NO. 13602 – TRAFFIC CONTROL RESOLUTION (c) PLANNING COMMISSION ITEMS 1.CONSIDERATION OF CONDITIONAL USE PERMIT TO CONSTRUCT A NEW CLUB HOUSE AT CROW RIVER GOLF CLUB LOCATED AT 915 COLORADO STREET NW WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION NO. 13601) 2.CONSIDERATION OF AMENDMENT TO ZONING ORDINANCE SECTION 154.119, TELEVISION AND RADIO ANTENNAS, TO UPDATE AND REVISE THE STANDARDS AND REQUIREMENTS FOR TELECOMMUNICATION FACILITIES WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (WAIVE FIRST READING AND SET CITY COUNCIL MINUTES –JULY 28, 2009 SECOND READING AND ADOPTION OF ORDINANCE NO. 09-0532 FOR AUGUST 11, 2009) (d)CONSIDERATION FOR APPROVAL OF 2009 HUTCHINSON HOUSING PLAN AND TO USE REVOLVING HOUSING FUNDS FOR THE NORTHEAST NEIGHBORHOOD AND FOR THE PURCHASE/REHABILITATION/RESALE OF BANK-OWNED PROPERTIES (e)CONSIDERATION FOR APPROVAL OF ITEMS FOR AIRPORT HANGAR PROJECT -CHANGE ORDER NO. 1 – LETTING NO. 1, PROJECT NO. 09-11 (AIRPORT HANGAR) -ENGINEERING SERVICES SUPPLEMENTAL AUTHORIZATION NO. 2 WITH TKDA (f)CONSIDERATION FOR APPROVAL OF ITEMS FOR LES KOUBA PARKWAY IMPROVEMENTS (LETTING NO. 11, PROJECT NO. 09-12) (g) CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS Items 6(b)1 and 6(e) were pulled for separate discussion. Motion by Czmowski, 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. John Olson, Public Works Manager, explained that the traffic delineation warning sign being proposed on School Road will extend the painted islands striping with a warning sign being posted to ensure people understand that they cannot pass on the right. Council Member Yost asked about the speed limit being 30 mph on Edmonton Avenue when South Grade Road in front of middle school is 35 mph. Kent Exner, City Engineer, noted that Mn/DOT’s recommendation is 30 mph on Edmonton Avenue and the City has been advised to maintain it as such. Council Member Czmowski asked about a bike lane being put on School Road. His recollection was that that was suggested either earlier this year or last year. John Olson explained that the road is not wide enough for bike lanes on both side plus a turn lane. Motion by Yost, second Czmowski, to approve Item 6(b)1. Motion carried unanimously. Item 6(e) had further discussion. John Olson, Public Works Manager, explained that the change order request is in the amount of $52,251which will expand the building dimensions and addresses sanitary sewer system needs. Council Member Yost noted that a citizen had approached him and suggested that the new hangar was more designed for helicopter usage as compared to airplane usage. John Olson explained that this has been addressed. Discussion was also held regarding the waste tank and a spill prevention plan. Motion by Yost, second by Cook, to approve Item 6(e). Motion carried unanimously. PUBLIC HEARINGS – 6:00 P.M. 7. (a)CONSIDERATION FOR APPROVAL TO RENEW FRANCHISE AGREEMENT WITH AMERICAN PAYMENT CENTERS Rebecca Bowers, Planning/Zoning/Building Director, presented before the Council. Ms. Bowers explained that these payment center boxes are located in the parking lot of the City Center where 2 CITY COUNCIL MINUTES –JULY 28, 2009 customers can place payments for various businesses. Since the payment boxes are on public property, a franchise agreement is required which must be adopted by ordinance. Mayor Cook suggested renewing the franchise for another five years, with no annual fee as long as the City’s payment box remains free of charge. Motion by Arndt, second by Haugen, to close public hearing. Motion carried unanimously. Motion by Arndt, second by Haugen, to approve franchise agreement for another five years albeit the rental payment remains free of charge for the City of Hutchinson, second reading and adoption of Ordinance No. 09-0531 will be set for August 11, 2009. 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. (a)DISCUSSION OF NUISANCE HOUSING ORDINANCE Marc Sebora, City Attorney, presented before the Council. Mr. Sebora explained that this item has been discussed a few times, however the information presented tonight is in response to some questions the Mayor had posed. Mr. Sebora presented a revised ordinance for consideration based on some suggestions of the mayor. Mayor Cook made a couple of other suggestions to Sections 130.32 B(16) and 130.36(g). These suggestions will be added and a first reading of the ordinance will be considered at the next Council meeting. NEW BUSINESS 10. (a)CONSIDERATION OF VARIANCE TO ALLOW A SETBACK OF 12 FEET WHERE 25 FEET IS REQUIRED FOR CONSTRUCTION OF AN OUTDOOR ICE RINK AT 950 HARRINGTON STREET SW REQUESTED BY THE HUTCHINSON HOCKEY ASSOCIATION WITH UNANIMOUS UNFAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION NO. 13600) Rebecca Bowers, Planning/Zoning/Building Director, presented before the Council. Ms. Bowers explained that the Hutchinson Hockey Association has applied for a variance to construct an outdoor ice rink on the west side of the Civic Arena. A variance is required due to the decreased set back lines. The proposed rink would be three feet from the sidewalk and five feet from the current building. If the rink proposed is constructed, several trees would need to be removed or relocated to accommodate the plan. Ms. Bowers explained that the Planning Commission unanimously recommended denial of the variance request, as well as staff. Mayor Cook noted that although alternatives could be looked at for an outdoor ice rink, the issue at hand is whether or not a hardship exists to approve a variance. Council Member Czmowski noted that funds have been placed in the 2010 budget for an outdoor rink, however the location proposed does not seem to be the most advantageous. Motion by Arndt, second by Czmowski, to approve Resolution No. 13600, denying the variance request. Motion carried unanimously. (b)CONSIDERATON FOR APPROVAL OF CENEX SITE REDEVELOPMENT PLAN Miles Seppelt, EDA Director, presented before the Council. Mr. Seppelt provided an overview of rd the activities that have taken place related to the property between Lind Street and 3 Avenue NW. Property currently owned by the city was former railroad right of way property. The EDA is recommending combining the former railroad property with the other six lots the city owns. The total area of these lots combined would total 3.03 acres. This would include vacating a portion of Les Kouba Parkway from Lind Street to the curve in the Les Kouba Parkway. 3 CITY COUNCIL MINUTES –JULY 28, 2009 The formal request of the EDA is to: 1. Combine railroad right of way with Cenex & Wright lots for redevelopment. 2. Gain economies of scale by adding these elements to the planned Les Kouba Parkway project: mine gravel from railroad right of way, add black dirt, grade and plant grass on the new, larger lot. General discussion was held regarding variations to the proposal. General discussion was also held regarding lot lines and usage of the property. Motion by Arndt, second by Haugen, to approve Cenex site redevelopment plan as presented. Motion carried unanimously. It was noted that the EDA should be paying for the redevelopment costs. (c)CONSIDERATION FOR APPROVAL OF EDA 2010 BUDGET AND LEVY REQUEST Miles Seppelt, EDA Director, presented before the Council. Mr. Seppelt provided the EDA’s Proposed 2010 budget which has been approved by both the EDA Finance Team and the EDA Board. Mr. Seppelt noted that the EDA is assuming zero rent, the EDA levy kept at 1.525%, a City wage freeze and various line item cuts. Motion by Czmowski, second by Cook, to approve EDA 2010 budget and levy request of $165,024. Motion carried unanimously. (d)CONSIDERATION FOR APPROVAL OF CUSTOMER ELATION REQUEST TO LEAVE JOBZ PROGRAM Miles Seppelt, EDA Director, presented before the Council. Mr. Seppelt explained that Customer Elation has requested to be removed from the JOBZ program. The company is in compliance with all JOBZ requirements and is still committed to all the job and wage requirements outlined in their development agreement with the city. The only effect to the city is that the property will go on the tax rolls for next year. In order to authorize this request, a Resolution approving such must be adopted. Motion by Arndt, second by Haugen, to approve Customer Elation request to leave JOBZ program, adopting Resolution No. 13603. Motion carried unanimously. Mr. Seppelt provided a brief update on the Industrial Park grant application. Mr. Seppelt has received word that the City’s grant application has cleared the Chicago regional office and has now been forwarded to the federal office in Washington D.C. 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.) MISCELLANEOUS 12. Marc Sebora – Mr. Sebora noted that Rebecca Bowers, Planning/Zoning/Building Director, has resigned. He thanked her for her years of service to the city. th Bill Arndt – Council Member Arndt thanked the Karg family for putting on the 18 annual Orange Allis Chalmers event held at their farm. This event brings in thousands of people from all over the country. Eric Yost – Council Member Yost thanked the participants and volunteers that took part in the first annual RiverSong music festival. Gary Plotz – Mr. Plotz spoke about a budget workshop that was held prior to the Council meeting. 4 CITY COUNCIL MINUTES –JULY 28, 2009 At that workshop, discussion was held regarding filling open positions. Mr. Plotz asked for formal action on filling certain vacancies. Motion by Czmowski, second by Arndt, to authorize filling two positions in the police department (lieutenant and sergeant) and two positions in the parks department. Mayor Cook asked about filling the other open positions that had been discussed. Gary Plotz noted that the filling of those positions would be brought to the Council in the future for consideration. Motion carried unanimously. Also, a budget workshop is currently scheduled for August 25, 2009. Staff does not feel that that is necessary unless the Council wishes to hold it. Motion by Czmowski, second by Cook, to cancel budget workshop scheduled for August 25, 2009. Motion carried unanimously. It was suggested that a public hearing be held at the August 11, 2009, City Council meeting to review the proposed 2010 budget. Mr. Plotz noted that the hearing will be advertised in the Leader. Kent Exner – Mr. Exner also thanked Rebecca Bowers for her years of service. Mr. Exner also provided an update on the improvement projects. Mayor Cook – Mayor Cook suggested the City consider selling a portion of Boy Scout Park (corner of Hwy 7/Bluff Street). This piece of property appears to be a very marketable location. The Council directed Marc Sebora, City Attorney, to research whether or not any restrictions have been placed on the property. ADJOURN 13. Motion by Haugen, second by Arndt, to adjourn at 7:10 p.m. Motion carried unanimously. 5