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03-23-2010 CCMMINUTES REGULAR MEETING Î HUTCHINSON CITY COUNCIL TUESDAY, MARCH 23, 2010 1. CALL TO ORDER Î 5:30 P.M. Mayor Cook called the meeting to order. Members present were Jim Haugen, Eric Yost, Bill Arndt and Chad Czmowski. Others present were Gary Plotz, City Administrator, Kent Exner, City Engineer, and Marc Sebora, City Attorney. 2. INVOCATION Î Father Jerry Meidl, St. Anastasia Catholic Church, delivered the invocation. 3. PLEDGE OF ALLEGIANCE 4. PUBLIC COMMENTS 5. MINUTES (a) REGULAR MEETING OF MARCH 9, 2010 Motion by Arndt, second by Haugen, to approve the minutes as presented. Motion carried unanimously. 6. CONSENT AGENDA (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. 13708 - RESOLUTION DESIGNATING THE ARRIVAL/DEPARTURE TERMINAL AT THE HUTCHINSON MUNICIPAL AIRPORT AS ÐJOE DOOLEY TERMINALÑ 2. RESOLUTION NO. 13709 - RESOLUTION ADOPTING 2011 BUDGET PARAMETERS (c) PLANNING COMMISSION ITEMS 1. CONSIDERATION OF A PRELIMINARY AND FINAL PLAT OF SOUTHWIND THIRD ADDITION SUBMITTED BY HUTCHINSON AREA HEALTH CARE WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION NO. 13702) 2. CONSIDERATION OF A PRELIMINARY AND FINAL THREE-LOT PLAT OF MONTREAL PLACE (A REPLAT OF OUTLOT C, CALAFORD PLACE) AND TO REZONE THE MONTREAL PLACE PLAT FROM C4 TO C2 AND OUTLOT B, CALAFORD PLACE FROM R4 TO MIXED USE DISTRICT SUBMITTED BY JACOB WERT, PROPERTY OWNER, WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION NO. 13703 AND WAIVE FIRST READING AND SET SECOND READING AND ADOPTION OF ORDINANCE NO. 10-0543 FOR APRIL 13, 2010) (d) CONSIDERATION FOR APPROVAL OF LIQUOR LICENSE RENEWALS (e) CONSIDERATION FOR APPROVAL OF SHORT TERM GAMBLING LICENSE FOR MCLEOD COUNTY PHEASANTS FOREVER ON APRIL 10, 2010, AT MCLEOD COUNTY FAIRGROUNDS CITY COUNCIL MINUTES ÎMARCH 23, 2010 (f)CONSIDERATION FOR APPROVAL OF SHORT TERM GAMBLING LICENSE FOR ADULT TRAINING & HABILITATION CENTER, INC. ON JUNE 18, 2010, AT CROW RIVER GOLF CLUB (g) CONSIDERATION FOR APPROVAL OF ISSUING TRANSIENT MERCHANT LICENSE TO IVAN SCHRODT DURING THE ÐCORVETTES FOR A CAUSEÑ SHOW (h) CONSIDERATION FOR APPROVAL OF PARADE PERMIT FOR FOUNDATION FOR CHALLENGED CHILDREN ON MAY 15, 2010 (i) CONSIDERATION FOR APPROVAL OF ÐMONTREAL PLACEÑ SUBDIVISION AGREEMENT (j) CONSIDERATION FOR APPROVAL OF ÐSOUTHWIND THIRD ADDITIONÑ SUBDIVISION AGREEMENT (k) CONSIDERATION FOR APPROVAL OF TEMPORARY NO PARKING REQUEST IN THE AREA OF BURICH ARENA ON APRIL 17 & 18, 2010 (l) CONSIDERATION FOR APPROVAL OF REISSUING SHORT-TERM GAMBLING LICENSE TO HUTCHINSON ROTARY CLUB FROM APRIL 23, 2010, TO APRIL 30, 2010 (m) CONSIDERATION FOR APPROVAL OF ITEMS FOR SHERWOOD STREET SE EXTENSION PROJECT (LETTING NO. 2, PROJECT NO. 10-02) - ORDERING PREPARATION OF REPORT ON IMPROVEMENT - RECEIVING REPORT AND CALLING HEARING ON IMPROVEMENT (n) CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS Items 6(b)1, 6(b)2, 6(c)2 and 6(k) 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. Mayor Cook noted that the terminal will be named the ÐJoseph P. DooleyÑ Terminal as opposed to the ÐJoe DooleyÑ Terminal. The Resolution will be revised to read ÐJoseph P. DooleyÑ throughout and the word ÐstuntÑ pilot will be changed to ÐaerobaticÑ pilot. Motion by Haugen, second by Yost, to approve Item 6(b)1 with the revisions to the Resolution. Motion carried unanimously. Robert Hantge, 1210 Lewis Avenue, presented before the Council. Mr. Hantge noted that residents will be before the Council in a few months with a planned event to commemorate Mr. Dooley who recently passed away. Item 6(b)2 had further discussion. Mayor Cook noted that, since the workshop, he has had concerns over raising the levy limit 5%. He would prefer that the levy remain flat in 2011 due to receiving funding that was not anticipated. Motion by Czmowski, second by Haugen, to adopt Resolution No. 13709, setting budget parameters for 2011 with the exception of having the tax levy remain flat. Motion carried unanimously. Item 6(c)2 had further discussion. Marty Campion, civil engineer, presented before the Council. Mr. Campion noted that the purpose is to 2 CITY COUNCIL MINUTES ÎMARCH 23, 2010 rezone the east side to mixed use is to secure ability to put commercial along Montreal Street near high density residential. Motion by Arndt, second by Czmowski, to approve Item 6(c)2. Motion carried unanimously. Item 6(k) had further discussion. Dan Hatten, Police Chief, presented before the Council. Chief Hatten explained that the Hutchinson Jaycees are sponsoring a concert on April 17, 2010, at the Civic Arena. The artist is Hairball and generally draws crowds in the thousands. Chief Hatten explained that because the concert is happening in a residential area, the police department is recommending that no parking occur on the surrounding streets prior to, during and after the concert. Overflow parking will be available in the Hutchinson Mall parking lot across the street. Motion by Arndt, second by Yost, to approve Item 6(k). Motion carried unanimously. 7. PUBLIC HEARINGS Î 6:00 P.M. - NONE 8. COMMUNICATIONS, REQUESTS AND PETITIONS (Purpose: to provide Council with information necessary to craft wise policy. Always looking toward the future, not monitoring past) (a) PRESENTATION OF ÐBRING IT HOMEÑ CAMPAIGN Î BILL CORBY, CHAMBER OF COMMERCE Bill Corby, President of Hutchinson Chamber/Convention & Visitors Bureau, presented before the Council. Mr. Corby provided an overview of the ÐBring It HomeÑ campaign that is sponsored by the Chamber of Commerce/Convention & Visitors Bureau. ÐBring It HomeÑ is a local effort to raise the awareness of how Hutchinson consumer spending decisions affect our local economy. Mr. Corby reviewed the top ten reasons the campaign committee put together on why doing business in Hutchinson helps the local economy. Mr. Corby also reviewed the financial impact of spending money locally. Mr. Corby reviewed the efforts the Bring It Home campaign committee is doing to raise awareness of shopping locally. They include local articles and a business expo on May 8, 2010. (b) OVERVIEW OF VOICE OVER INTERNET PROTOCOL PROJECT- TOM KLOSS Tom Kloss, Information Technology Director, presented before the Council. Mr. Kloss provided a final cost breakdown of the Voice Over IP project. Overall, the project has come in approximately $35,000 under budget. The project included installation of 246 devices which consisted of 218 phones and 28 analog devices, such as fax machines. (c) HUTCHINSON ECONOMIC DEVELOPMENT AUTHORITY 2009 ANNUAL REPORT Î MILES SEPPELT Miles Seppelt, EDA Director, presented before the Council. Mr. Seppelt provided an overview of the activities of the EDA in 2009. These include business retention and expansion, partnering with Chamber/CVB on manufacturers census and visiting 19 companies. Marketing and public relations is also a large activity of the EDA. Business development included the NuCrane Manufacturing project and industrial park development. Grant writing, downtown redevelopment (Cenex site), and grant & loan programs for downtown were also activities of the EDA. Mr. Seppelt then reviewed the EDAÓs projects for 2010. 9. UNFINISHED BUSINESS (a) DISCUSSION OF VARIANCE TO INCREASE MAXIMUM LOT COVERAGE OF 25% IN THE SHORELAND AREA FROM THE EXISTING 32% TO 33% AT 915 LAKEWOOD DRIVE SW REQUESTED BY JOEL AND JACKIE PENKE, PROPERTY OWNERS WITH UNFAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION NO. 13649) Mayor Cook expressed that he has been reviewing existing ordinances so as not to set certain precedences and to comply with DNR rules and state law changes. The League of Minnesota Cities has provided information on land use and variances. Basically, this lot is nonconforming and current city code states that nonconforming lots should not be expanded. Mayor Cook noted that many properties face the same scenario as the property with the current request. The LMC suggests that local ordinances be revised so as 3 CITY COUNCIL MINUTES ÎMARCH 23, 2010 to gain the majority, if not all properties, to be in compliance and to outline policy and procedure for when future requests come before city officials. The intention is that the proposed ordinance would take mitigation down to the current existing 32% as opposed to 25% which is in current code. If mitigation is allowed, such as rain gardens, the proposed ordinance should spell out the requirements, maintenance, etc. Mayor Cook noted that if this request is denied, in a year from now, there is potential that this applicant, and others, would not even need to seek Planning Commission/Council approval, but rather follow the rules of the ordinance. City Attorney Marc Sebora spoke about the massive number of properties that the coverage requirements pertain to and by having an ordinance in place to address these issues, the variance requests should be diminished. A proposed City ordinance would need to receive comment from the DNR before passage. The purpose of an ordinance is to have consistency. Council Member Haugen likened an ordinance change to that of the driveway setbacks and revising that ordinance to ensure properties are dealt with consistently. Gary Plotz, City Administrator, noted that it has been suggested to grandfather some nonconforming properties in, including the current applicantÓs property. However, the property should not be grandfathered in until comments have been received from the DNR. Council Member Arndt spoke about soil changes and how they have hardened and donÓt allow as much seepage. Motion by Czmowski, second by Cook, to adopt Resolution No. 1349, denying the variance application. Council Member Arndt mentioned the townhomes on School Road along the river. He voiced that those properties received variances to place decks on the back of their property and he would suggest that their coverage is much above the maximum allowed. Roll call vote: Haugen Î aye; Arndt Î nay; Yost Î aye; Czmowski Î aye; Cook aye. Motion carried 4 to 1. Joel and Jackie Penke, 915 Lakewood Drive, presented before the Council. The Penkes asked for clarification in that if the ordinance would increase lot coverage to 32%, would they be allowed to move forward with their project. It was stated that if the ordinance would allow for 32% coverage, the Penkes would not need to even go through Planning Commission process and would simply have to work with planning and zoning. The Penkes raised concerns with how much time it will continue to take to have this ordinance drafted and resolved. The Penkes asked to be kept informed of the process and keep them current on the progress. 10. NEW BUSINESS (a) CONSIDERATION OF SUPPORT FOR RIVERSONG FESTIVAL John Rodeberg, Riversong Festival Steering Committee, presented before the Council. Mr. Rodeberg explained that the site will be consolidated and fenced. The Committee is requesting assistance from the street, parks, and police department with setting up of barricades, fencing, etc. Motion by Czmowski, second by Haugen, to support Riversong Festival. Motion carried unanimously. (b) CONSIDERATION FOR APPROVAL OF PURCHASING RADIO EQUIPMENT Dan Hatten, Chief of Police, presented before the Council. Chief Hatten requested approval to purchase radio equipment that will be compatible with the new ARMER system currently being installed by the State of Minnesota. The cost of the requested equipment totals approximately $42,000. The equipment will be purchased using a Public Safety Interoperability Communication grant. The grant, which requires a 20% match, was awarded to the South Central Regional Radio Board of which the City is a member. The 20% match will mean a cost of approximately $8800 to the City. The funds for this equipment are mainly coming from forfeiture monies. 4 CITY COUNCIL MINUTES ÎMARCH 23, 2010 Motion by Czmowski, second by Haugen, to approve purchasing radio equipment. Motion carried unanimously. (c) CONSIDERATION FOR APPROVAL OF ORDINANCE NO. 10-0545 - AN ORDINANCE GRANTING A FRANCHISE TO MEDIACOM MINNESOTA, LLC TO CONSTRUCT, OPERATE, AND MAINTAIN A CABLE TELEVISION SYSTEM IN THE CITY OF HUTCHINSON; SETTING FORTH CONDITIONS ACCOMPANYING THE GRANT OF THE FRANCHISE; PROVIDING FOR REGULATION AND USE OF THE SYSTEM; AND PRESCRIBING PENALTIES FOR THE VIOLATION OF ITS PROVISIONS (WAIVE FIRST READING AND SET SECOND READING AND PUBLIC HEARING FOR APRIL 13, 2010) Marc Sebora, City Attorney, presented before the Council. Mr. Sebora explained that City Charter requires a franchise be granted for use of public land. The current franchise with Mediacom expires the end of April 2010. It is being proposed to renew the franchise agreement for 15 years. No major changes are being proposed to the new franchise agreement. The attorney that negotiated the franchise will be present at the public hearing on April 13, 2010. HCVN favors the proposed franchise agreement. Motion by Arndt, second by Haugen, to waive first reading and set second reading and public hearing of Ordinance No. 10-0545 for April 13, 2010. Council Member Yost noted that Section 12 talks about periodic evaluations occurring every four years. He suggested that those evaluations be conducted more frequently due to technology changes. Mr. Sebora will review this item with the attorney that negotiated the contract. Motion carried unanimously. (d) CONSIDERATION FOR APPROVAL OF AUTHORIZING CITY OF HUTCHINSON TO ISSUE INDUSTRIAL DEVELOPMENT BONDS/SHORT-TERM FINANCING ON BEHALF OF HUTCHINSON AREA HEALTH CARE Jeremy Carter, Finance Director, presented before the Council. Mr. Carter explained that the United States Department of Agriculture is providing partial long-term financing for Hutchinson Area Health CareÓs senior housing project. However, the financing from the USDA is not available until the project is complete. Because of this restriction, interim financing by the Minnesota Rural Water Association is being looked at for the construction period of the project. Once the project is complete, the USDA will pay off the interim financing and the final long-term financing will be in the hospitalÓs name. The hospital, because it is a non-profit organization, is not eligible to request this type of interim financing through the Minnesota Rural Water Association. The hospital has requested that the City issue short-term financing so the hospital can take advantage of the favorable interest rates. If authorization is approved by the Council, a public hearing will be held on April 13, 2010, to further elaborate on the financing. This type of arrangement is similar to what the EDA has done for projects such as NuCrane Manufacturing. Motion by Arndt, second by Czmowski, to approve authorizing City of Hutchinson to issue industrial development bonds/short-term financing on behalf of Hutchinson Area Health Care for senior housing campus and set public hearing for April 13, 2010. Motion carried unanimously. (e) CONSIDERATION FOR APPROVAL OF ITEMS FOR STREET SEALCOATING PROJECT (LETTING NO. 12, PROJECT NO. 10-13) - ORDERING PREPARATION OF REPORT ON IMPROVEMENT - RECEIVING REPORT - ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS - APROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS Kent Exner, City Engineer, and John Olson, Public Works Manager, presented before the Council. Mr. Exner explained that various streets have been identified for seal coating throughout the city. This project is st fully funded through the general fund street maintenance. The areas identified for sealcoating are: 1 rdrdththth Avenue SE, 3 Avenue SE, 3 Avenue SW, 4 Avenue SE, 4 Avenue SW, 5 Avenue SW, Century Avenue SW, Dale Street SW, Erie Street SE, Fair Avenue SE, Huron Street SE, Juergens Road SW, Juul 5 CITY COUNCIL MINUTES ÎMARCH 23, 2010 Road SW, Market Street SW and Monroe Street SE. The estimated project cost is $150,000. Motion by Czmowski, second by Yost, to approve items for street seal coating project. Motion carried unanimously. 11. GOVERNANCE (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) CITY OF HUTCHINSON INVESTMENT REPORT FOR FEBRUARY 2010 (b) CITY OF HUTCHINSON FINANCIAL REPORT FOR FEBRUARY 2010 (c) PLANNING COMMISSION MINUTES FROM FEBRUARY 16, 2010 (d) HUTCHINSON HOUSING & REDEVELOPMENT AUTHORITY BOARD MINUTES FROM FEBRUARY 16, 2010 No action required for Items 11(a) Î 11(d). 12. MISCELLANEOUS Eric Yost Î Council Member Yost mentioned the primary has been moved to August 10 so deadlines have been moved up for filing. Gary Plotz Î Mr. Plotz commented on the Planning Director applicants and the interviewing process. Staff would like two council members to sit on the finalist interview panel. Staff has been notified that the City has made it as a finalist for the $100,000 energy grant. The MPCA will be visiting city facilities for energy needs. Melissa Starke Î Ms. Starke spoke of the election law changes. A change that effects the municipal election is earlier filing dates for the Council Member and Mayor seats. Due to the primary election being moved up to August 10, 2010, the filing period for local seats will open May 18, 2010, and close June 1, 2010. Mayor Cook Î Mayor Cook mentioned that he and other staff members met at the capitol today with legislators on a local sales tax. Mayor Cook also spoke of the topic of assessment deferral for financial conditions that had been discussed previously. This would require a Charter amendment. Marc Sebora noted that there are two ways that a Council can proposed an ordinance change. 1. City Council can propose change, reviewed by Charter and submitted to voters. 2. City Council adopt ordinance with Charter change, have 90-day waiting period, if no petition after 90 days, ordinances passes. Brainerd is a community that has such a deferred assessment provision in their Charter. Attorney Sebora will review the details of this type of assessment deferral. Mayor Cook also suggested perhaps expanding the Council to seven members. Such a change would also require a Charter amendment. He also suggested perhaps having the MayorÓs term be four years instead of two. Motion by Yost, second by Cook, to set May 18, 2010, at 5:30 p.m. to attend a land use seminar put on by the League of Minnesota Cities. Motion carried unanimously. 13. ADJOURN Motion by Arndt, second by Cook, to adjourn at 8:00 p.m. Motion carried unanimously. 6