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07-27-2010 CCMMINUTES REGULAR MEETING Î HUTCHINSON CITY COUNCIL TUESDAY, JULY 27, 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, and Chad Czmowski. Member absent was Eric Yost. Others present were Gary Plotz, City Administrator, and Marc Sebora, City Attorney. 2. INVOCATION Î Rev. Brian Brosz, Congregational UCC Church, delivered the invocation. 3. PLEDGE OF ALLEGIANCE 4. PUBLIC COMMENTS 5. MINUTES (a) REGULAR MEETING OF JULY 13, 2010 Motion by Czmowski, second by Arndt, 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) RESOLUTIONS AND ORDINANCES (b)PLANNING COMMISSION ITEMS 1. CONSIDERATION OF A VARIANCE TO REPLACE AN EXISTING DETACHED GARAGE IN THE FRONT YARD AT 25 GRIFFIN AVENUE NE WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION NO. 13762) 2. CONSIDERATION OF REZONING PROPERTY FROM C-1 (NEIGHBORHOOD CONVENIENCE COMMERCIAL) TO R-2 (MEDIUM DENSITY RESIDENTIAL) AT 502 HARRINGTON STREET SW WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION NO. 13763 AND WAIVE FIRST READING AND SET SECOND READING AND ADOPTION OF ORDINANCE NO. 10-0552 FOR AUGUST 10, 2010) (c) CONSIDERATION FOR APPROVAL OF CHANGE ORDER NO. 5 Î LETTING NO. 1, PROJECT NO. 09-01 (ENERGY PARK IMPROVEMENTS PHASE I) (d) CONSIDERATION FOR APPROVAL OF ISSUING SHORT-TERM GAMBLING LICENSE TO DUCKS UNLIMITED ON SEPTEMBER 8, 2010 (e) CONSIDERATION FOR APPROVAL OF ISSUING TEMPORARY LIQUOR LICENSE TO SUSTAINABLE FARMING ASSOCIATION OF MINNESOTA FOR THE GARLIC FESTIVAL BEING HELD AUGUST 14, 2010 (f) CONSIDERATION FOR APPROVAL OF TRADING IN CREEKSIDEÓS 2004 MCCLOSKEY 733 SCREENER FOR A 2010 MCCLOSKEY 628 SCREENER CITY COUNCIL MINUTES Î JULY 27, 2010 (g) APPOINTMENT OF LENA MOWLEM TO PUBLIC ARTS COMMISSION TO AUGUST 2013 (h) CONSIDERATION FOR APPROVAL OF PROPOSED AMENDMENTS TO THE CITY OF HUTCHINSON EMPLOYEE HANDBOOK Î PERSONNEL POLICY (i) CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS Items 6(b)1, 6(b)2 and 6(f) were pulled for separate discussion. Motion by Czmowski, second by Haugen, to approve consent agenda with the exception of the items noted above. Motion carried unanimously. Item 6(b)1 had further discussion. Dan Jochum, Planning Director, explained that the applicants applied for a variance due to the odd shape of their lot and setback encroachments, which under the standards at the time, met the variance requirements. Marc Sebora, City Attorney, presented before the Council. Since the original application was received, on June 24, 2010, a Minnesota Supreme Court case was handed down that changes the definition of a reasonable use of the property. The definition for what is a reasonable use of the property was changed by the Supreme Court from not whether the proposed use by the landowner is reasonable, but rather whether there is a reasonable use in the absence of the variance. The case states, ÐA municipality does not have authority to grant a variance unless the applicant can show that the property can be put to a reasonable use without a varianceÑ. Mayor Cook asked that if the application was denied, could the variance application fee be refunded. Gary Plotz, City Administrator, spoke that the fee could be refunded due to the circumstances. Mayor Cook also noted that the legislature should be addressing the reasonable use issue during the legislative session next year, so perhaps the applicants could apply for a variance next year, or perhaps, ordinance amendments may be made to address this issue. Mayor Cook asked that if the garage location was shifted to another location or reduced in size, could it be constructed without a variance. Mr. Jochum noted that various options could be considered to meet current ordinance requirements. Motion by Arndt, second by Cook, to deny the variance due to the recent court decision and refund variance application fee to applicants. The same survey could be used should the applicants reapply next year following law changes. Motion carried unanimously. Item 6(b)2 had further discussion. Mayor Cook noted that a question had been raised by a neighbor related to the amount of concrete being replaced at the location. Dan Jochum, Planning Director, explained that the applicant has noted that 66 feet of concrete will be removed and a tree will be planted in the area of the concrete removal. It appears that there will be room for approximately 6-8 vehicles, which is more than ample for the proposed use, as well as snow storage. Motion by Czmowski, second by Haugen, to approve Item 6(b)2. Motion carried unanimously. Item 6(f) had further discussion. Gary Plotz, City Administrator, noted that the screener currently being used was needed back when the City of Hutchinson had the Minneapolis contract to debag leaves from black leaf bags. Since the City no longer has the Minneapolis contract, the machine is not necessary. However, an entity in the State of Washington debags leaves and has a use for the CityÓs current machine. The entity has offered to buy the screener for the price of a new one that is a bit smaller that the City has a use for. Basically, the City can acquire a new screener for an even trade on the current screener and depreciate it down. Benefits of the new screener include reduced maintenance costs, more portability, less set up time, ease of switching out screens and no need to get oversized permits when transporting. Motion by Haugen, second by Arndt, to approve Item 6(f). Motion carried unanimously. CONSIDERATION FOR APPROVAL OF PURCHASE ORDER FOR SPLENDERGRO BAG FILM 2 CITY COUNCIL MINUTES Î JULY 27, 2010 Gary Plotz, City Administrator, explained that seven quotes were received for bag film. The winning quote was received by CreeksideÓs current supplier. The quotes received are $.14 per bag which is a substantial savings from the previous film that was purchased at $.19 per bag. The total purchase price for the bag film is $83,700.00. Doug Johnson, Compost Site Manager, explained that he believes due to color changes and bag volume, it really aided in the competitive price per bag. Motion by Arndt, second by Haugen, to approve purchase order for SplenderGro bag film. 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) 9. UNFINISHED BUSINESS (a) CONSIDERATION FOR APPROVAL OF AMENDING WASTE MANAGEMENT CONTRACT Motion by Haugen, second by Arndt, to table this item to August 10, 2010. Motion carried unanimously. 10. NEW BUSINESS (a) CONSIDERATION FOR APPROVAL OF SETTING DATE AND FORMAT FOR ANNUAL CITY RECOGNITION EVENT Brenda Ewing, Human Resources Director, presented before the Council. Ms. Ewing explained that historically the recognition event has been held on a Thursday in September. September 2, 9, and 23 are currently available at the Event Center. Motion by Czmowski, second by Cook, to set September 23, 2010, from 5:30 Î 9:00 p.m. at the Event Center for annual City recognition event and public meeting. Motion carried unanimously. (b)CONSIDERATION FOR APPROVAL OF USING 101 PARK PLACE PARKING LOT FOR 2011 DOWNTOWN FARMERSÓ MARKET Patrick Brama, EDA Assistant, presented before the Council on behalf of the Hutchinson Downtown st Association. Mr. Brama explained that the current location of the FarmersÓ Market on 1 Avenue between Main Street and Hassan Street has caused a few different issues, such as traffic, safety, business, and manpower. The proposed location for the 2011 FarmersÓ Market is the northern part of the parking lot to the east of 101 Park Place. The majority of business owners and FarmersÓ Market vendors are in favor of this proposal. Mayor Cook suggested using the parking stalls abutting Library Square, similar to what Litchfield does. Mr. Brama noted that he has visited the Litchfield FarmersÓ Market and there are some differences between LitchfieldÓs square and HutchinsonÓs which arenÓt as advantageous for a FarmerÓs Market to be had around HutchinsonÓs Library Square due to landscaping and such. Motion by Arndt, second by Czmowski, to approve using the north half of 101 Park Place parking lot for 2011 Downtown FarmersÓ Market. Mayor Cook read a letter from George Moehring who is favor of the proposed 2011 location. Bryce Grundahl, Drop-n-Go Shipping, presented before the Council. Mr. Grundahl noted that it has been suggested to him that an ordinance be considered some time in the future to allow closure of a parking lot or street a certain amount of times in a year. Mayor Cook noted that he would like City Parking Lot B considered following the 2011 season. Motion carried unanimously. (c) CONSIDERATION FOR APPROVAL OF COMBINING POSITIONS OF FINANCE DIRECTOR AND 3 CITY COUNCIL MINUTES Î JULY 27, 2010 CITY ADMINISTRATOR EFFECTIVE JANUARY 1, 2011, AND TO PROMOTE JEREMY CARTER TO THE POSITION OF CITY ADMINISTRATOR Gary Plotz, City Administrator, presented before the Council. Mr. Plotz explained that due to vast state budgetary cutbacks for 2011 and the future, brainstorming has been had on how to reduce the CityÓs budget. Mr. Plotz is taking advantage of the CityÓs early retirement incentive program and will be retiring at the end of 2010. The City currently has a full-time Finance Director and full-time Assistant Finance Director. Mr. Plotz is recommending that the position of City Administrator and Finance Director become a combined position, which will see a net savings of $136,000 including benefits. Along with these savings, comes a saving of time and money in advertising by promoting from within, as Mr. Plotz is recommending the promotion of the current Finance Director, Jeremy Carter, to be appointed to this combined position. Mr. Carter has four years experience of in-house experience working with the City Administrator and City staff, along with four year experience in working with the City Council. Mr. Carter has also worked in other municipalities, as well as Carver County, and has worked in the private sector. Mr. Carter holds a MasterÓs of Business Administration with a focus in Finance and Management. The workload has changed with the Finance Director and City Administrator positions, in that the financial system has been revised and is more monitored at this point, and the City Administrator position now spends less time with Creekside. Motion by Arndt, second by Czmowski, to approve combining positions of Finance Director and City Administrator effective January 1, 2011, and to promote Jeremy Carter to the position of City Administrator. Council Member Haugen noted that he has received some feedback from residents who have concerns about not hiring a fully-trained and experienced City Administrator. He suggested specific coursework for Mr. Carter to partake in, or perhaps, consider a six-month trial period to be evaluated to ensure the combined position works for the City of Hutchinson. Mr. Plotz explained that the educational background of City Administrators varies from city to city, however, if the Council should wish for Mr. Carter to take specific classes or obtain a specific certification/degree, he would be open to achieving that. Mayor Cook expressed that he feels Mr. Carter is qualified for the position and has shown great leadership skills in his tenure with the City. Motion carried unanimously. (d) CONSIDERATION FOR APPROVAL OF RESOLUTION NO. 13768 - A RESOLUTION PERTAINING TO LOCAL OPTION SALES TAX Mayor Steve Cook explained that the Council had requested that Marc Sebora put together a Resolution for the Council to consider which would authorize approving a Local Option Sales Tax question on the November 2, 2010, General Election ballot. Mayor Cook read the Resolution aloud. Mayor Cook suggested amending the ballot language in the last sentence of the first paragraph contained in the Resolution to read: ÐSales of motor vehicles registered for road use would be exempt from this sales tax, but retail sales of such motor vehicles would be charged a $20.00 excise tax per vehicle sold. Ð Motion by Czmowski, second by Cook, to approve Resolution No. 13768 Î A Resolution Approving a Local Option Sales Tax and Authorizing an Election Thereon including the revised language noted. Steve Bruhn, 924 Merrill Street, presented before the Council. Mr. Bruhn asked what the increase would be to rates if the local option sales tax is not approved. A 25% increase either in the tax levy or rates could be seen, or it could be seen in increasing areas of other revenues. A combination of things would be sought to make up that 25%. Mayor Cook clarified that HUC invested in a coal plant and not the City. Mayor Cook spoke about the changes the City made in order to face the budget and rate issues. Motion carried unanimously. (e) CONSIDERATION FOR APPROVAL OF ACQUISITION OF TRUNK HWY 7/TRUNK HWY 15 PROPERTIES (442 MAIN STREET NORTH, 454 MAIN STREET NORTH, 466 MAIN STREET THTHTH NORTH, 480 MAIN STREET NORTH, 256 4 AVENUE NW, 264 4 AVENUE NW, 9 4 AVENUE 4 CITY COUNCIL MINUTES Î JULY 27, 2010 TH NE, 11 4TH AVENUE NE, 13 4 AVENUE NE, 15 4TH AVENUE NE, 17 4TH AVENUE NE, 25 4TH AVENUE NE, 35 4TH AVENUE NE, 45 4TH AVENUE NE & 426 PROSPECT STREET NE) Kent Exner, City Engineer, presented before the Council. City staff is attempting to speak to adjacent property owners to iron out various issues. Motion by Arndt, second by Haugen, to table this item. Motion carried unanimously. (f)DISCUSSION OF MOSQUITO CONTROL EFFORTS John Olson, Public Works Manager, presented before the Council. Mr. Olson provided a report on high mosquito populations that the City has seen this season. Mr. Olson asked that the Council consider discussing identifying a source for up to an additional $16,000 of funding that would allow up to five more treatments this year, bringing the mosquito spraying through September 13, 2010. Currently, August 9, 2010, is scheduled as the last application for this year. This will be discussed at the next Council meeting. 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) RESOURCE ALLOCATION COMMITTEE MEETING MINUTES FROM JUNE 2, 2010, AND JULY 6, 2010 (b) HUTCHINSON PUBLIC LIBRARY BOARD MINUTES FROM APRIL 26, 2010 (c) PLANNING COMMISSION MINUTES FROM JUNE 15, 2010 (d) CITY OF HUTCHINSON FINANCIAL REPORT FOR JUNE 2010 (e) CITY OF HUTCHINSON INVESTMENT REPORT FOR JUNE 2010. 12. MISCELLANEOUS Bill Arndt Î Council Member Arndt mentioned that former Miss Hutchinson, Gina Collings, was recently crowned Aquatennial Princess Kent Exner Î Mr. Exner reminded the Council of the Hwy 15 Coalition meeting from 6pm Î 8pm at Event Center on July 28, 2010. Mr. Exner also provided an explanation why trees had to be removed on Adams Street. These were mainly due to geographical issues, placement of the trail, and utility locations. The trail and tree replacements are paid for by state turnback dollars and not part of the assessments. Mayor Cook Î Mayor Cook asked for a follow up on his request from a couple of months ago on adding a light and timer at the skate park. Gary Plotz mentioned that he spoke with Dolf Moon, PRCE Director, and Mr. Moon informed him that the cost for the light and timer is estimated at $1500. Council Member Czmowski said someone also asked if lights could be added to the School Road tunnel. Council Member Haugen questioned the necessity of the light at the skate park. Discussion was held surrounding an outdoor ice rink that is currently in the 2011 budget. Council Member Haugen suggested that the light for the skate park be considered with the 2011 budget. Motion by Czmowski, second by Cook, to approve purchase of $1500 light at skate park. Roll call vote was taken: Haugen Î nay; Arndt Î nay; Czmowski Î aye; Cook Î aye. Motion failed 2 to 2. 13. ADJOURN Motion by Arndt, second by Haugen, to adjourn at 7:30 p.m. Motion carried unanimously. 5