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04-27-2010 CCMMINUTES REGULAR MEETING Î HUTCHINSON CITY COUNCIL TUESDAY, APRIL 27, 2010 1. CALL TO ORDER Î 5:30 P.M. Mayor Protem Bill Arndt called the meeting to order. Members present were Jim Haugen and Chad Czmowski. Members absent were Steve Cook and Eric Yost. Others present were Gary Plotz, City Administrator, Kent Exner, City Engineer, and Marc Sebora, City Attorney. 2. INVOCATION Î Pastor Wayne Morrison, Seventh Day Adventist Church, delivered the invocation. 3. PLEDGE OF ALLEGIANCE 4. PUBLIC COMMENTS 5. MINUTES (a) REGULAR MEETING OF APRIL 13, 2010 Motion by Czmowski, second by Haugen, to approve the minutes from April 13, 2010. 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. ORDINANCE NO. 10-0544 Î AN ORDINANCE ANNEXING APPROXIMATELY 36.8 ACRES OF PROPERTY LOCATED IN SECTION 7, HASSAN VALLEY TOWNSHIP (SECOND READING AND ADOPTION) (c) PLANNING COMMISSION ITEMS 1. CONSIDERATION OF PRELIMINARY AND FINAL PLAT OF ÐHUTCHINSON MALL PLAT 3Ñ SUBMITTED BY GUS WURDELL, CHIEF MANAGER, SOUTHERN PRAIRIE DEVELOPMENT LLC WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION NO. 13723) 2. CONSIDERATION OF VARIANCE TO ALLOW REPLACEMENT OF PRESENT PARKING LOT UP TO PROPERTY LINES AT ANIMAL MEDICAL CENTER INC., LOCATED AT 405 CALIFORNIA STREET NW AS REQUESTED BY DR. JOHN FRONING WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION NO. 13724) 3. CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY THE CITY OF HUTCHINSON TO RELOCATE EXISTING LIFE LINK TRAILER AT THE HUTCHINSON MUNICIPAL AIRPORT WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION NO. 13725) 4. CONSIDERATION OF REZONING RECENTLY ANNEXED 5.6 ACRES OWNED BY HUTCHINSON EDA FROM R-1 (SINGLE FAMILY RESIDENTIAL) TO I-1 (LIGHT CITY COUNCIL MINUTES Î APRIL 27, 2010 TH INDUSTRIAL PARK) LOCATED EAST OF CUSTOMER ELATIONS, 1150 5 AVENUE SE WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION NO. 13726 AND WAIVE FIRST READING AND SET SECOND READING AND ADOPTION OF ORDINANCE NO. 10-0547 FOR MAY 11, 2010) (d) APPOINTMENT OF STACEY NASS TO PUBLIC LIBRARY BOARD TO APRIL 2012 (FILLING VACANCY OF YVONNE JOHNSON) (e) CONSIDERATION FOR APPROVAL OF ITEMS FOR ADAMS STREET AND WASHINGTON AVENUE RECONSTRUCTION PROJECT (LETTING NO. 1, PROJECT NO. 10-01) INCLUDING A PROJECT COOPERATIVE AGREEMENT th (f) CONSIDERATION FOR APPROVALS AND PERMITS FOR THE 67 ANNUAL HUTCHINSON JAYCEE WATER CARNIVAL FOR JUNE 14 Î 20, 2010 (g) CONSIDERATION FOR APPROVAL OF ISSUING TRANSIENT MERCHANT LICENSE TO DEAN SCHLUETER TO OPERATE A SEASONAL GREENHOUSE LOCATED AT 1350 HWY 15 SOUTH (h) CONSIDERATION FOR APPROVAL OF OUT-OF-STATE TRAVEL FOR TOM KLOSS TO ATTEND CITY WORKS (GAS AND ELECTRIC INFRASTRUCTURE SOFTWARE) TRAINING IN ST. GEORGE, UTAH (i) CONSIDERATION FOR APPROVAL OF DRAINAGE AND UTILITY EASEMENT TO SILVER LAKE CAPITAL PARTNERS (j) CONSIDERATION FOR APPROVAL OF SETTING VARIANCE WORKSHOP PRESENTED BY THE LEAGUE OF MINNESOTA CITIES ON MAY 18, 2010, AT 6:30 P.M. . (k) CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS Items 6(c)1, 6(c)2, and 6(c)3 were pulled for separate discussion. Motion by Haugen, second by Czmowski, to approve consent agenda with the exception of the items noted above. Motion carried unanimously. Item 6(c)1 had further discussion. Gary Plotz, City Administrator, read comments provided by Mayor Steve Cook in his absence. Mayor Cook expressed concern about approving the plat at this time. These concerns are in the areas of increased traffic at uncontrolled entrances, insufficient information about new parking lot in the west lot, and snow storage. Kent Exner, City Engineer, spoke about snow being stored near the drainage ditch. The snow should not be stored in the ditch flow line. Mr. Exner also noted that a dimension drawing has not been received yet relating to drive aisles and parking stalls. Gus Wurdell, applicant, presented before the Council. Mr. Wurdell explained that he was not aware that the City was requesting further information related to dimensional drawings other than what he presented at the Planning Commission meeting. Mr. Wurdell noted that the snow will be stored/removed accordingly. Mr. Wurdell noted the traffic concerns should be mitigated by the site plan. Mr. Exner noted that the Drawing provided still shows parking going beyond the existing pavement, which is not allowed. Parking is the main issue related to this plat. Council Member Eric Yost arrived at 5:50 p.m. Motion by Czmowski, second by Haugen, to approve Item 6(c)2 pending the receipt of dimensional drawings from the applicant showing the parking configuration. Motion carried unanimously. Joe Fredrichs, Buffalo Wild Wings, presented before the Council. Mr. Fredrichs provided a sketch drawing of the site. 2 CITY COUNCIL MINUTES Î APRIL 27, 2010 Item 6(c)2 had further discussion. Gary Plotz, City Administrator, read comments provided by Mayor Steve Cook in his absence. Mayor Cook noted that a revised Resolution has been provided that better defines the items of the hardship. The hardship is due to the uniqueness of the irregularly shaped lot. The footprint of the building is not changing, the applicant did not create the hardship and the character of the neighborhood is not being altered. Motion by Czmowski, second by Haugen, to approve revised Resolution No. 13724. Motion carried unanimously. Item 6(c)3 had further discussion. Gary Plotz, City Administrator, read comments provided by Mayor Steve Cook in his absence. Mayor Cook expressed that he feels conditions should be placed on the conditional use including paved parking for the Life Link trailer, paved parking should be provided for the civil air patrol trailer since their access and room will be cut off with the placement of the Life Link trailer, the property that the Life Link trailer used to be should be restored and landscaped to original condition, a driveway must be added to access the hangars to the south and utilities must be restored and maintained as appropriate. John Olson, Public Works Manager, presented before the Council. Mr. Olson noted that a well/septic system is in place for utilities service. Those services will be extended to the placement of the trailer. Mr. Olson explained the location of the structures on the site along with parking configurations. Motion by Czmowski, second by Yost, to approve Item 6(c)3. Motion carried unanimously. 7. PUBLIC HEARINGS Î 6:00 P.M. (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 per the requirements of the MPCA, the City must have a public hearing and consider comments on the Storm Water Pollution Prevention Plan Annual Report for 2009. This regulation applies to all cities that are determined to have and maintain a Municipal Separate Storm Sewer System. Mr. Paulson provided an overview of the Municipal Separate Storm Sewer System report. Mr. Paulson reviewed public education and outreach of the program, illicit discharge detection and elimination, construction site stormwater runoff control, post construction stormwater management, and pollution prevention/good housekeeping Motion by Czmowski, second by Haugen, to close public hearing. Motion carried unanimously. No action required. 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) DISCUSSION OF THE KEEPING OF BEES WITHIN HUTCHINSON CITY LIMITS Council Member Bill Arndt noted he has received several comments on this topic. Gary Plotz, City Administrator, read comments provided by the Mayor in his absence. Mayor Cook has expressed that he feels raising bees should be allowed, however there should be restrictions and requirements included in the ordinance such as having to register with a fee, direct neighbors must sign off with their permission, 80% of neighbors within 100 feet of the property must approve, limit of two hives, yard must be fenced, hives should be at least 15 feet from the fence, hives must be maintained, constant water source must be provided, flyway of at least six feet must be provided to direct bees up over people, City has to be held harmless, and there should be a sign-off that the applicant understands that the City sprays for mosquitoes and there will be no claims against perceived or actual harm to the hives. Marc Sebora, City Attorney, noted that several regulations could be put in place in the current ordinance. Mr. Sebora explained that a honeybee is considered an animal due to the product it produces, which is considered agricultural. 3 CITY COUNCIL MINUTES Î APRIL 27, 2010 Council Member Czmowski suggested that Attorney Sebora draft an ordinance amendment mirroring regulations contained in the ordinances of Minneapolis and St. Paul. He does feel that 100% of the neighbors within 100 feet of the property should be in agreement versus 80%. Dan Hatten, Chief of Police, presented before the Council. Chief Hatten asked that the Council consider how the City will have the ability to regulate stringent controls that may be contained in a new ordinance. 9. UNFINISHED BUSINESS (a) CONSIDERATION FOR APPROVAL OF CITY OF HUTCHINSON RETIREMENT INCENTIVE PROGRAM Brenda Ewing, Human Resources Director, presented before the Council. Ms. Ewing explained that staff has held informational meetings with employees pertaining to this item and a health care savings plan as directed by the Council. Ms. Ewing explained that some feedback has been received from employees who attended the informational meetings. Ms. Ewing reviewed the eligibility requirements for an employee to be part of the retirement incentive program. Employees must meet age and service requirements necessary to collect a pension benefit from PERA, have a certain number of years of service with the City (option to be decided by Council), retire from current full time or part time employment with the City by December 31, 2010, and make a decision to accept the retirement incentive program by June 30, 2010. Ms. Ewing then reviewed the components of the retirement incentive that were presented at the last Council meeting. Council Member Yost asked if any computations have been configured in order to see when savings will be had. Ms. Ewing explained that those computations really depend on when an employee quits working and is officially off the CityÓs payroll. Jeremy Carter, Finance Director, spoke on the variables that will equate to dollar savings of this program. Motion by Czmowski, second by Haugen, to approve City of Hutchinson retirement incentive program choosing Option #4 (15 years of service with PERA employers, with a minimum of 10 years service with the City of Hutchinson). Gary Plotz, City Administrator, read comments provided by the mayor in his absence. Mayor Cook noted that he felt there should be an established deadline when employees need to state their intention. He liked Option #3 (at least 15 years of service with the City) and he noted involuntary lay-offs may also be a possibility. Motion carried unanimously. (b) CONSIDERATION FOR APPROVAL OF AMENDING PERSONNEL POLICY AND ESTABLISHING AND ADMINISTERING A HEALTH CARE SAVINGS PLAN WITH THE MINNESOTA STATE RETIREMENT SYSTEM (ADOPTING RESOLUTIONS 13714 AND 13715) Brenda Ewing, Human Resources Director, presented before the Council. Ms. Ewing explained that the consensus of those that attended the informational meetings were mainly in favor of this plan. The plan that was proposed included a sick leave severance whereby all employees eligible for retirement severance payments would contribute 100% of the employee sick leave retirement severance for the HCSP; a retirement incentive severance whereby all employees eligible for a retirement incentive severance payment would contribute 50% of employee retirement incentive severance based on years of service to the HCSP and would receive 50% in cash ($20,000 maximum) and 100% of the retirement severance payment in the amount equal to six months of employer provided health and dental insurance premiums to the HCSP. Based on feedback received from those eligible for the retirement incentive program, the proposal has been modified as follows: a retirement incentive severance whereby all employees eligible for a retirement incentive severance payment would contribute 25% of employee retirement incentive severance based on years of service to the HCSP and would receive 75% in cash ($20,000 maximum) and 100% payment of annual sick leave payout will go into HCSP. The options whereby 100% of the employee sick leave retirement severance and 100% of the six months of employer provided health and dental insurance premiums going to the HCSP will remain the same. The program approved will need to remain in place for two years before any changes are made to it. Motion by Yost, second by Czmowski, to approve amending personnel policy and establishing and administering a health care savings plan, adopting Resolution Nos. 13714 and 13715, with the revisions 4 CITY COUNCIL MINUTES Î APRIL 27, 2010 presented this evening. Motion carried unanimously. 10. NEW BUSINESS (a) CONSIDERATION FOR APPROVAL OF PROPOSAL TO RELOCATE FARMERS MARKET TO FIRST AVENUE SE Miles Seppelt, EDA Director, presented before the Council. Mr. Seppelt explained that the FarmersÓ Market st was held in the VFW parking lot last year after spending more than 30 years on 1 Avenue SE. Due to the pending construction at the intersection of Adams Street/Washington Avenue, a new location will need to be sought for this year. Various locations have been reviewed. The recommendation of the Hutchinson st Downtown Association is to relocate the Market to its previous location, which is 1 Avenue SE (between Main Street and Hassan Street). Chief Dan Hatten presented before the Council. Chief Hatten noted that the proposal is workable with the revision of closing the entire street and leaving no portion open (which has been proposed to give access to the alley for delivery trucks). If any delivery vehicle would need to get to neighboring businesses, the police department will assist with delivery vehicles. Bryce Grundahl, Drop-n-Go, neighboring property, presented before the Council. Mr. Grundahl raised st concerns with closing 1 Avenue, especially on Wednesdays. Judy Kopesky, Crown Financial, neighboring property, presented before the Council. Ms. Kopesky raised st concerns over the location of FarmersÓ Market on 1 Avenue as well. Council Member Arndt noted that since this project is that of the Hutchinson Downtown Association, they obviously wish to keep it in the downtown area. Council Member Arndt further noted that the Council needs to be cognizant of the business owners on Main Street. Mike Cannon, Hutchinson Downtown Association, presented before the Council. Mr. Cannon explained the space needs for the FarmersÓ Market. Visibility from Main Street is an important marketing point for the farmers in the market. General discussion was held regarding alley access. Various other locations for the FarmersÓ Market were stnd suggested such as Hassan Street between 1 and 2 Avenue, city parking lot between Citizens Bank and st Park Elementary, and 1 Avenue SW. Mark Cormier, Hutchinson Downtown Association, presented before the Council. Mr. Cormier expressed that the FarmersÓ Market is very viable for the downtown area and they need to have a permanent location. Gus Wurdell, Hutchinson Downtown Association, presented before the Council. Mr. Wurdell also expressed the viability of the FarmersÓ Market to the downtown. Kent Exner, City Engineer, presented before the Council. Mr. Exner did note that the Washington/Adams Street is a one-year project, so if the Council wishes, a one-year term could be placed on the new location. st Motion by Czmowski, second by Haugen, to close 1 Avenue SE completely and relocate the FarmersÓ Market for one year to that location and begin to work on locating a permanent location in late 2010/early 2011. Roll call vote: Haugen Î aye; Yost Î nay; Czmowski Î aye; Arndt Î aye. Motion carried 3 to 1. (b) DISCUSSION OF AND UPDATE ON AMERESCO PROJECT Motion by Czmowski, second by Yost, to table this item to May 11, 2010. Motion carried unanimously. (c) DISCUSSION OF POSSIBLE CITY CHARTER AMENDMENTS (NUMBER OF COUNCIL MEMBERS; FOUR-YEAR TERM FOR MAYOR) Motion by Czmowski, second by Haugen, to table this item to May 11, 2010. Motion carried unanimously. 11. GOVERNANCE (Purpose: to assess past organizational performance, develop policy that guides the organization and 5 CITY COUNCIL MINUTES Î APRIL 27, 2010 Council and manage the logistics of the Council. May include monitoring reports, policy development and governance process items.) (a) CITY OF HUTCHINSON FINANCIAL REPORT FOR MARCH 2010 (b) CITY OF HUTCHINSON INVESTMENT REPORT FOR MARCH 2010 (c) PLANNING COMMISSION MINUTES FROM MARCH 16, 2010 (d) JOINT PLANNING COMMISSION MINUTES FROM FEBRUARY 17, 2010 (e) HUTCHINSON HOUSING & REDEVELOPMENT AUTHORITY BOARD MINUTES FROM MARCH 16, 2010 No action required for Items 11(a) Î 11(e). 12. MISCELLANEOUS Bill Arndt Î Council Member Arndt commented on the fencing at the cemetery. Neighbors have expressed that they would rather view the cemetery as opposed to a fence. Kent Exner will attempt to work with property owners on this issue. Kent Exner Î Mr. Exner explained that bids were received today on the Washington/Adams project and came in approximately 10% less than the engineerÓs estimate. McLeod County is administering the project. General discussion was held regarding construction and detour routes. Mr. Exner reviewed other projects being conducted in the area by McLeod County and Mn/DOT. 13. ADJOURN Motion by Czmowski, second by Yost, to adjourn at 8:05 p.m. Motion carried unanimously. 6