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05-25-2010 CCMMINUTES REGULAR MEETING Î HUTCHINSON CITY COUNCIL TUESDAY, MAY 25, 2010 1. CALL TO ORDER Î 5:30 P.M. Mayor Steve Cook called the meeting to order. Members present were Bill Arndt, Jim Haugen, Eric Yost and Chad Czmowski. Others present were Jeremy Carter, Finance Director, and Marc Sebora, City Attorney. 2. INVOCATION Î Pastor Kevin Oster, Our SaviorÓs Lutheran Church, delivered the invocation. 3. PLEDGE OF ALLEGIANCE 4. PUBLIC COMMENTS 5. MINUTES (a) REGULAR MEETING OF MAY 11, 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. 13738 Î RESOLUTION TO SELL AT AUCTION UNCLAIMED PROPERTY 2.RESOLUTION NO. 13739 Î RESOLUTION TO SELL AT AUCTION SURPLUS POLICE DEPARTMENT PROPERTY 3. RESOLUTION NO. 13740 Î RESOLUTION TO DONATE UNCLAIMED PROPERTY 4. RESOLUTION NO. 13741 Î RESOLUTION AMENDING RESOLUTION NO. 13569 ESTABLISHING INCOME GUIDELINES AND ASSET LIMITATIONS FOR SENIOR & DISABLED CITIZENS DEFERRED ASSESSMENTS AND SENIOR & DISABLED CITIZENS REDUCED REFUSE RATE 5. RESOULTION NO. 13746 Î RESOLUTION AMENDING RESOLUTION NO. 13714 TO ALLOW REGULAR PART TIME EMPLOYEES TO PARTICIPATE IN THE HEALTH CARE SAVINGS PLAN (c) PLANNING COMMISSION ITEMS 1. CONSIDERATION OF VARIANCE TO ALLOW REDUCTION IN PARKING STALL LENGTH AND SITE PLAN REVIEW REQUESTED BY JOE FREDRICK, BUFFALO WILD WINGS, TO DEVELOP A BUFFALO WILD WINGS GRILL AND BAR TO BE LOCATED IN LOT 1, BLOCK 1, HUTCHINSON MALL PLAT 3 WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION NO. 13742) 2. CONSIDERATION OF PRELIMINARY AND FINAL PLAT OF ÐSITZ SUBDIVISIONÑ TO PLAT THE SHERWOOD STREET SE RIGHT OF WAY ALONG THE EASTERLY EDGE OF THE PROEPRTY LOCATED EAST OF MENARDS WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION NO. 13743) CITY COUNCIL MINUTES Î MAY 25, 2010 3. CONSIDERATION OF PRELIMINARY AND FINAL PLAT OF ÐSOUTHWIND FOURTH ADDITIONÑ TO CONTINUE THE SHERWOOD STREET SE RIGHT OF WAY CONNECTION WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION NO. 13744) 4. CONSIDERATION OF SITE PLAN REVIEW REQUESTED BY LEAH BERLIN, KWIK TRIP, INC., TO DEVELOP A CONVENIENCE STORE WITH CAR WASH ON PROPERTY LOCATED ON LOT 1, BLOCK 1, MONTREAL PLACE WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION NO. 13745) (d) CONSIDERATION FOR APPROVAL OF UTILIZING CITY CENTER PARKING LOT FOR FARMERSÓ MARKET ON JUNE 19, 2010, AND SEPTEMBER 18, 2010 (e) CONSIDERATION FOR APPROVAL OF AUTHORIZATION TO APPLY FOR MINNESOTA DEPARTMENT OF HEALTH SOURCE WATER PROTECTION GRANT (f) CONSIDERATION FOR APPROVAL OF ISSUING CATERERÓS PERMIT TO NATHAN BUSKA OF ONE EYED WILLYÓS LLC AT HUTCHINSON EVENT CENTER ON AUGUST 7, 2010 (g) CONSIDERATION FOR APPROVAL OF ISSUING TRANSIENT MERCHANT LICENSE TO RICHARD SEIPEL OF THE COUNTRY STOP LOCATED AT 945 HIGHWAY 15 SOUTH (h) CONSIDERATION FOR APPROVAL OF ISSUING PARADE PEDDLERÓS PERMIT TO GERALD JOHNSON TO SELL NOVELTIES ALONG WATER CARNIVAL PARADE ON JUNE 20, 2010 (i) CONSIDERATION FOR APPROVAL OF ISSUING DANCE PERMIT TO HUTCHINSON HUSKIES BASEBALL ASSOCIATION ON JUNE 18, 2010, AT VMF PARK (j) CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS Items 6(b)4, 6(b)5, 6(c)1, and 6(i) 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(b)4 had further discussion. Council Member Yost questioned where the value of asset limitation comes from and asked if it includes retirement savings. Jeremy Carter, Finance Director, explained that that value typically comes from HUD and typically only applies to income levels. Council Member Yost asked if the income levels change annually. Mr. Carter explained that the income levels do not automatically change each year, but they could. These guidelines apply to senior citizens as defined by social security. Motion by Yost, second by Haugen, to approve Item 6(b)4. Motion carried unanimously. Item 6(b)5 had further discussion. Council Member Yost asked for clarification on the inadvertent error that part time employees were not included in the Resolution that was previously adopted. Brenda Ewing, Human Resources Director, clarified that when presented before employees, part time employees were included and the language was inadvertently not included in the previous Resolution that was adopted. Motion by Haugen, second by Yost, to approve Item 6(b)5. Motion carried unanimously. Item 6(c)1 had further discussion. Council Member Yost questioned the change in the 20 foot length to 18 2 CITY COUNCIL MINUTES Î MAY 25, 2010 foot length of parking stalls as proposed on the site plan. He asked whether or not this created any issues. Marc Sebora, City Attorney, noted that there has been consistent communication from the applicant that there is ample parking space available on the site. Mr. Sebora questioned whether or not a variance is needed to reduce the parking stall length if the applicant already has enough parking. Council Member Czmowski noted that the parking area being discussed is away from the building to allow for truck parking and such. Mayor Cook clarified whether or not all of the parking stalls are being requested to be reduced. Joe Frederick, Buffalo Wild Wings, presented before the Council. Mr. Frederick explained that the parking stalls have been reduced to allow for proper driving lane width and to account for restrictions on the north and east side and an easement on the southwest side. Mr. Frederick noted that he has more than enough parking stalls as required of his building site. Mayor Cook noted that it appears that 19 foot length stalls seems to be the typical length in parking lots throughout the city. Mayor Cook noted that he felt the easement created more of a hardship than the roadways on the north and east. Mayor Cook expressed some concerns with the traffic flow shown on the site plan. He suggested putting a one-way in to improve the traffic flow. Mayor Cook suggested that the applicant work more with staff to address traffic flow issues. Police Chief Dan Hatten noted that he and Kent Exner, City Engineer, spoke with the applicant at length to address traffic concerns and the applicant expressed that he would be more than willing to work in addressing any traffic issues that will need to be changed. Mr. Frederick stated that he will want to improve traffic flow in the best way possible for his customers. Mayor Cook suggested adding a condition that if traffic flow became a problem in the future that the city could require that changes be made. Motion by Arndt, second by Czmowski, to approve Item 6(c)1 as originally written. Roll call vote: Haugen Î aye; Arndt Î aye; Yost Î nay; Czmowski- aye; Cook Î nay. Motion carried 3 to 2. Item 6(i) had further discussion. Mayor Cook expressed concern for the neighbors in the area. Mayor Cook stated that he feels the Huskies should notify the property owners within a certain radius of the dance area to make them aware of the activities that are planned. Chief Hatten noted that his staff will meet with the Huskies and determine a reasonable radius in which they should contact the neighbors. Mayor Cook also asked that the music resonate away from residential neighborhoods as best as possible. Council Member Arndt asked if mounted posse members will be used. Chief Hatten noted at this time the McLeod County Posse will not be utilized, but will be if the need arises based on the amount of activity. Motion by Arndt, second by Yost, to approve Item 6(i) as mentioned above. 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) HUTCHINSON HEALTH CARE COMMUNITY REPORT Î DR. STEVEN MULDER Dr. Steve Mulder, Hutchinson Area Health Care, presented before the Council. Dr. Mulder presented an overview of the 2009 annual standard report to the City of Hutchinson. Items in the report included compliance with operating parameters and compliance with lease reporting requirements. Dr. Mulder also reviewed statistical information related to admissions, surgeries, ER visits, radiology, mental health and Burns Manor occupancy. Dr. Mulder spoke about the volunteer organizations within Hutchinson Area Health Care and also spoke about the hospitalÓs contribution to the community. Dr. Mulder reviewed new physicians joining staff as well as new technology being used. Dr. Mulder provided an update on the senior care facility. Dr. Mulder spoke about the challenges facing Hutchinson Area Health Care in 2010. A general question and answer session followed. (b) DISCUSSION OF AMENDING CHAPTERS 54 AND 152 OF THE HUTCHINSON CITY CODE PERTAINING TO SHORELAND MANAGEMENT Marc Sebora, City Attorney, presented before the Council. Mr. Sebora explained that, over the last year, issues have come up related to surface area coverage in the shoreland area. Mr. Sebora provided some ordinance revisions to consider to better define calculations for impervious surface. Mr. Sebora noted that the proposed revisions are required to be submitted to the DNR for their review. Mr. Sebora also presented 3 CITY COUNCIL MINUTES Î MAY 25, 2010 ordinance revisions to better define how the height of buildings is determined. Mr. Sebora suggested that these revisions be forwarded to the Planning Commission for their comments. (c) REVIEW OF ALTERNATE PARKING FOR PARK TOWERS APARTMENT COMPLEX Dan Hatten, Chief of Police, presented before the Council. Mr. Hatten noted that Park Towers is currently undergoing construction in their parking lot which makes it unusable temporarily. Due to this, Chief Hatten explained that he has given authorization for the residents of Park Towers to park in the municipal lot located at 216 Franklin Street SW in the interim. Should this lot not accommodate the residents, parking on the street may be allowed for longer lengths of time. (d) REVIEW OF 2010 BUDGET AND 2011 BUDGET PROCESS TIMETABLE Jeremy Carter, Finance Director, presented before the Council. Mr. Carter provided a brief overview on the 2010 budget. Mr. Carter also explained that City directors are expected to return their proposed 2011 budgets to him by June 30, 2010. This will allow time for directors to establish their zero-based budget, allow time for Mr. Carter to complete 2009 financials, and allow time to factor in any employees that will be taking advantage of the early retirement incentive program. A workshop will then be scheduled for perhaps some time in July. The Council will consider at the next Council meeting when to set a budget workshop. 9. UNFINISHED BUSINESS 10. NEW BUSINESS (a) DISCUSSION OF ORDINANCE NO. 10-0548 Î AN ORDINANCE REGULATING THE KEEPING OF HONEYBEES WITHIN THE CITY LIMITS OF HUTCHINSON Marc Sebora, City Attorney, presented before the Council. Mr. Sebora noted that some changes have been made to the ordinance that was presented at the last meeting. Mr. Sebora noted that a public hearing has been set for June 8, 2010, at 6:00 p.m. Mayor Cook suggested that definitions be incorporated into the ordinance as well as a density area (i.e. so many colonies per square feet). Mr. Sebora suggested that perhaps a representative from the U of M Extension Office could attend the public hearing to discuss pros and cons of bee colonies. He thanked Nathan Winter of the Extension Office for information he has already provided. Chief Hatten noted some concerns with the proposed ordinance related to enforcement and proper training/equipment for the animal control officer. (b) DISCUSSION OF ORDINANCE NO. 10-0549 Î AN ORDINANCE GRANTING A FRANCHISE TO SKIP QUADE TO AFFIX A WALL MURAL AT 140 MAIN STREET (WAIVE FIRST READING AND SET SECOND READING AND ADOPTION FOR JUNE 8, 2010) Marc Sebora, City Attorney, presented before the Council. Mayor Cook that the original sketch of the mural was distributed to the Council as well as photographs of current progress of the mural. Bob Peterson, project coordinator, spoke before the Council. Mr. Peterson noted that multitudes of donations have been given for this project. Mayor Cook suggested tabling this item to allow more discussions to be held regarding development of the adjacent public property. Motion by Czmowski, second by Haugen, to waive first reading and set second reading and adoption for June 8, 2010. 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) PLANNING/ZONING/BUILDING DEPARTMENT MONTHLY REPORT FOR APRIL 2010 (b) PLANNING COMMISSION MINUTES FROM APRIL 20, 2010 (c) CITY OF HUTCHINSON FINANCIAL REPORT FOR APRIL 2010 (d) CITY OF HUTCHINSON INVESTMENT REPORT FOR APRIL 2010 4 CITY COUNCIL MINUTES Î MAY 25, 2010 No action required for Items 11(a) Î 11(d). 12. MISCELLANEOUS Dan Jochum, Planning/Zoning/Building Director, presented before the Council. Mr. Jochum introduced himself as the new director, just beginning employment with the City yesterday. Mr. Jochum noted he did intern with the City back in 2001. Eric Yost Î Council Member Yost suggested moving up the mosquito spraying operations at least a week or so due to the recent rain and high temperatures/humidity. Jeremy Carter will speak with John Olson regarding this. Mayor Cook Î Mayor Cook noted that the local option sales tax issue did not pass in the legislature this year. Mayor Cook noted that the moratorium on local sales tax was not extended, which is a positive. That allows for an advisory referendum to be brought forward at the November election, which would be of great benefit for next yearÓs legislative session. Mayor Cook also suggested that a light and timer be installed at the skate park. Mayor Cook noted that the period to file for office is open until June 1, 2010. Council Member Haugen noted he does not intend to file, Council Member Arndt noted he intends to file and Mayor Cook noted he has filed to run for the MayorÓs seat. th Marc Sebora Î Mr. Sebora noted that the Charter Commission will be meeting June 14 at 5:30 p.m. to discuss the two proposals that were listed on previous Council agendas. Mayor Cook noted that expanding the Council could be considered at a future date due to budget issues. He also suggested that if the mayorÓs term would be expanded, he suggested that it take effective with the 2012 election. 13. ADJOURN Motion by Czmowski, second by Arndt, to adjourn at 7:35 p.m. Motion carried unanimously. ATTEST: Steven W. Cook Gary D. Plotz Mayor City Administrator 5