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08-24-2010 CCMMINUTES REGULAR MEETING – HUTCHINSON CITY COUNCIL TUESDAY, AUGUST 24, 2010 CALL TO ORDER – 5:30 P.M. 1. Mayor Steve Cook called the meeting to order. Members present were Bill Arndt, Jim Haugen, Eric Yost, and Chad Czmowski. Others present were Gary Plotz, City Administrator, and Marc Sebora, City Attorney. INVOCATION 2. – Rev. Brian Brosz, First Congregational UCC Church, delivered the invocation. PLEDGE OF ALLEGIANCE 3. PUBLIC COMMENTS 4. Rhett Young, 446 Monroe Street, presented before the Council. Mr. Young came forward to revisit the issue of installing a light at the skate park. He expressed that he feels it is unacceptable not to have the skate park lit up at night. He expressed that an unlit skate park at night causes unsafe circumstances. Mr. Young also expressed that he feels the skate park should have three lights installed versus one that was initially proposed. Mayor Cook noted that this topic was discussed a couple of weeks ago and it was decided via a split vote to not install a light due to cost issues. Mayor Cook also noted that three lights may be overdoing it for the skate park facility. Mayor Cook noted that this item will be discussed as budget discussions move forward for 2011. Mr. Young expressed concern with the lack of maintenance at the skate park. Mr. Young stated that he would provide information to the Council for their consideration. The Council asked for background information and cost ideas from Mr. Young. Council Member Arndt suggested using a light pole that has been removed from Adams Street. Kent Exner, City Engineer, noted that the contractor on the project removed the poles and he is unaware of their location at this time. He suggested that HUC may have some poles available as well. Mayor Cook noted that more discussion will be had on this topic. MINUTES 5. (a)REGULARMEETING OF AUGUST 10, 2010 Motion by Yost, second by Arndt, 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)RESOLUTIONS AND ORDINANCES 1.ORDINANCE NO. 10-0553 - AN ORDINANCE AUTHORIZING THE SALE OF CITY-OWNED PROPERTY LOCATED IN THE INDUSTRIAL PARK (SECOND READING AND ADOPTION) 2.ORDINANCE NO. 10-0554 - AN INTERIM ORDINANCE ESTABLISHING A TEMPORARY MORATORIUM ON THE CONSTRUCTION OF FENCES ADJACENT TO TRAILS WITHIN THE CITY OF HUTCHINSON (SECOND READING AND ADOPTION) (b)PLANNING COMMISSION ITEMS \\ 1.CONSIDERATION OF A THREE-LOT PRELIMINARY PLAT OF CROWN ADDITION, COMPREHENSIVE PLAN AMENDMENT AND REZONING PROPERTY FROM R-1 (SINGLE FAMILY RESIDENTIAL) TO R-2 (MEDIUM DENSITY RESIDENTIAL) AND MXD (MIXED USE DISTRICT) LOCATED NORTH OF GOLF COURSE ROAD REQUESTED BY RANDY ANDERSON, KIDS INC. WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION NO. 13773 AND WAIVE FIRST READING CITY COUNCIL MINUTES – AUGUST 24, 2010 AND SET SECOND READING AND ADOPTION OF ORDINANCE NO. 10-0555 FOR SEPTEMBER 14, 2010) 2.CONSIDERATION OF A PRELIMINARY AND FINAL PLAT OF ENERGY PARK NORTH SECOND ADDITION (A REPLAT OF ENERGY PARK NORTH)SUBMITTED BY HUTCHINSON ECONOMIC DEVELOPMENT WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION NO. 13774) 3.CONSIDERATION OF AMENDMENT TO EXISTING CONDITIONAL USE PERMIT TO SHOW PAVED DRIVEWAY FROM ACCESS ROAD TO RAMP BETWEEN THE RELOCATED LIFE LINK III BUILDING AND THE NEW HANGAR AT 1732 BUTLER FIELD DRIVE SW, HUTCHINSON AIRPORT PROPERTY, WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION NO. 13775) 4.CONSIDERATION OF AMENDMENT TO CITY CODE CHAPTER 54 – STORMWATER MANAGEMENT; SECTION 54.02, DEFINITIONS WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (WAIVE FIRST READING AND SET SECOND READING AND ADOPTION OF ORDINANCE NO. 10-0556 FOR SEPTEMBER 14, 2010) 5.CONSIDERATION OF AMENDMENT TO CITY CODE CHAPTER 152 – SHORELAND MANAGEMENT; SECTION 152.007, DEFINITIONS; SECTION 152.041, STORMWATER MANAGEMENT; SECTION 152.108, VARIANCES WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (WAIVE FIRST READING AND SET SECOND READING AND ADOPTION OF ORDINANCE NO. 10-0557 FOR SEPTEMBER 14, 2010) 6.CONSIDERATION OF SITE PLAN REVIEW OF A PROPOSAL BY CHIPS HOLDINGS, LLC FOR A 4920 SQUARE FOOT DISTRIBUTION FACILITY ON A LOT IN ENERGY PARK NORTH SECOND ADDITION WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION NO. 13776) (c)CONSIDERATION FOR APPROVAL OF CHANGE ORDER NO. 6 - LETTING NO. 1, PROJECT NO. 09-01 (ENERGY PARK IMPROVEMENTS PHASE 1) (d)CONSIDERATION FOR APPROVAL OF ELECTION JUDGE WAGE INCREASE (e)CONSIDERATION FOR APPROVAL OF ISSUING SHORT-TERM 3.2 MALT LIQUOR LICENSE TO ST. ANASTASIA CATHOLIC CHURCH (f)CONSIDERATION FOR APPROVAL OF DONATION OF $2000 TO HUTCHINSON FIRE DEPARTMENT FROM MARGARET ABBOTT (g)APPOINTMENT/REAPPOINTMENT TO HRA BOARD -REAPPOINTJOEL KRAFT TO AUGUST 2015 -APPOINT LOUANN HOLMQUIST TO AUGUST 2012 (FILLING UNEXPIRED TERM OF RUTH KIMBALL) (h)CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS Items 6(b)4, 6(b)5, and 6(f) were pulled for separate discussion. 2 CITY COUNCIL MINUTES – AUGUST 24, 2010 Motion by Czmowski, second by Haugen, 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 asked why the Planning Commission was not as vigorous in lot coverage as the DNR, such as including overhangs in the calculation. Dan Jochum, Planning Director, explained that the language is rather ambiguous in the current law. The proposed ordinance will be forwarded to the DNR for their review as required. The proposed ordinance does not include calculating uncovered decks that have a pervious surface underneath and have at least 1/8 inch spacing between the deck floor boards. Eaves and overhangs are also not calculated as impervious surface. The proposed impervious surface definition has been included in other chapters of the city code to remain consistency. Motion by Yost, second by Czmowski, to approve Item 6(b)4. Motion carried unanimously. Item 6(b)5 had further discussion. Council Member Yost asked if the “height of building or structure height” definition was clear enough.Mr. Jochum explained that the proposed definition is much clearer than what is currently contained in the code. He also noted that the DNR was in favor of the definition as well. This proposed definition is also to be included in other areas of the zoning code to maintain consistency. Mayor Cook expressed that he likes language using elevations from the curb line. Discussion was held regarding the pros and cons of using the curbline as the base elevation. The proposed ordinance also addresses variances from the impervious surface requirements under certain conditions. Discussion was held in making D and E of the proposed ordinance to be more consistent with each other. Mayor Cook noted that he would like to see language pertaining to new developments having to meet 25% and the rest of the coverage can be mitigated; he proposed that for existing properties – anything over existing coverage has to be mitigated. Motion by Arndt, second by Cook, to table Item 6(b)5 to allow time for sections D and E to be rewritten. Motion carried unanimously. Item 6(f) had further discussion. Mayor Cook noted that Margaret Abbot made a $2000 donation to the Fire Department for a high pressure rescue tool project that has an estimated cost of $15,000. Motion by Arndt, second by Haugen, to approve Item 6(f). Motion carried unanimously. PUBLIC HEARINGS – 6:00 P.M. 7. (a)PROPOSED GRANTING OF A ONE YEAR EXTENSION FOR CUSTOMER ELATION TO ACHIEVE JOB CREATION GOALS Miles Seppelt, EDA Director, explained that this item needed to be moved to the September 14, 2010, City Council meeting due to public notice requirements. Motion by Haugen, second by Arndt, to re-set public hearing to September 14, 2010. 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) (a)UPDATE ON CURRENT 2010 YEAR-TO-DATE NUMBERS FROM A BUDGET STANDPOINT – JEREMY CARTER Jeremy Carter, Finance Director, presented before the Council. Mr. Carter provided revenue projections through 2010. This totals a revenue shortfall projected at $306,000. The total expenditures under budget are projected at $306,000. Mr. Carter reviewed Obama legislation that will make the December unallotment less likely, severance funds will come from general fund and/or self insurance fund, and the Council has ability to set special levy for market credit reduction if they would choose to do so. 3 CITY COUNCIL MINUTES – AUGUST 24, 2010 UNFINISHED BUSINESS 9. NEW BUSINESS 10. (a)CONSIDERATION FOR APPROVAL OF REVIEW AND ACCEPTANCE OF 2009 FINANCIAL REPORT Jeremy Carter, Finance Director, introduced Kyle Meyers, City’s Financial Auditor. Mr. Carter noted that a workshop was held prior to the Council meeting at which Mr. Meyers reviewed the financial report in detail. Mr. Meyers presented before the Council. Mr. Meyers noted that the City received the MNGFOA certificate of achievement for excellence in audit reporting. Mr. Meyers noted that the City’s net assets increased by approximately $2.5 million. No significant audit findings were reported. Almost all of the City’s funds have positive fund balances. The general fund increased by approximately $600,000. Motion by Arndt, second by Haugen, to approve and accept 2009 financial report. Motion carried unanimously. (b)CONSIDERATION FOR APPROVAL OF ENERGY CONSERVATION GRANTS AND ASSOCIATED PERFORMANCE CONTRACTING Kent Exner, City Engineer, presented before the Council. Mr. Exner explained that John Paulson, Environmental Specialist, will be providing an overview on the grants the City has received in the amounts of $100,000 and $39,000. These grants will be tied into the projects that have been identified by Ameresco. Mr. Paulson explained that the City will be receiving a $100,000 Energy Efficiency and Conservation Block Grant and a $39,054 Facility Cost Share Grant. These grants must be used to complete efficiency improvements that were identified in the grant application. Mr. Paulson explained that Ameresco has developed a project summary in the use of these grant funds. Mr. Paulson noted that a Letter of Intent with Ameresco is before the Council for consideration. The Letter of Intent will allow city staff to work with Ameresco to develop the final project agreement. Mike Zakowski, Ameresco, presented before the Council. Mr. Zakowski explained the project summary. Other lighting projects have been included outside of the grant application, specifically at the new wastewater plant. Mr. Zakowski explained that the project is presented as a package. The newer facilities could be removed from the project. Kent Exner, City Engineer, noted that the grants should be executed, however a means to deliver the work needs to be identified. There is the scope of the grant work and there is retrofit work included in Ameresco’s project summary. The proposed Letter Of Intent would give Ameresco the go-ahead to create an energy services agreement. This agreement in the end may only be to conduct the work identified in the grant agreements. The exact project scope will then be identified. Council Member Yost commented on Item 14.3 Termination for Insufficient Funding. John Paulson noted that these funds are federal dollars that have been delegated to the State. The termination of the funds is not likely. The City will be expending approximately $118,000 to complete the entire project. The funding will come from capital projects. Jeremy Carter, Finance Director, noted that in the end, departmental operating budgets should be reduced due to these energy efficient projects. Motion by Czmowski, second by Yost, to approve energy conservation grants and associated performance contracting with Ameresco. Motion carried unanimously. (c)CONSIDERATION FOR APPROVAL OF CIVIL AIR PATROL WATER TOWER LEASE AGREEMENT Kent Exner, City Engineer, presented before the Council. This agreement is to allow the Civil Air Patrol to place an antenna on the City’s north water tower located on Golf Course Road. Because the Civil Air Patrol is a non-profit organization that provides emergency services, search & rescue, disaster relief and homeland 4 CITY COUNCIL MINUTES – AUGUST 24, 2010 security, the rent costs are proposed to be waived. Mr. Exner noted that the City’s consultant on water tower leases, SEH, has commented that the installation of the equipment is acceptable on the following condition that information on the following is provided: location of the cabinet within the tank, identification of a power source and routing to it, how the coax will be routed/attached within the tank riser; provide location and type of sealed penetration to be installed for access tube, and exact location of the antenna. Marc Sebora, City Attorney, noted that changes to this lease agreement compared to others with entities such as Midwest Wireless, include the waiver of rent, insurance coverage liability limits and making the Civil Air Patrol responsible for any damages in the installation of the equipment. Motion by Haugen, second by Arndt, to approve Civil Air Patrol water tower lease agreement subject to the conditions indicated above. Motion carried unanimously. (d)CONSIDERATION FOR APPROVAL OF ORDINANCE NO. 10-0558 - AN ORDINANCE REVISING SECTION 112.088 – HOURS AND DAYS OF LIQUOR SALES (WAIVE FIRST READING AND SET SECOND READING AND ADOPTION FOR SEPTEMBER 14, 2010) Marc Sebora, City Attorney, explained that this topic was suggested at the last Council meeting by Gail Plaisance, owner of Squeaky’s Bar & Grill. Apparently, in the 1990s, the City allowed for Sunday sales to begin at 10:00 a.m. and somehow the ordinance was inadvertently revised. Motion by Arndt, second by Haugen, to approve waiving first reading and setting second reading and adoption of Ordinance No. 10-0558 for September 14, 2010. Motion carried unanimously. (e)CONSIDERATION FOR APPROVAL TO FORMALLY ADOPT A CITY OF HUTCHINSON INVESTMENT POLICY Jeremy Carter, Finance Director, presented before the Council. Mr. Carter explained that he and the assistant finance director have drafted an investment policy for the Council’s consideration. The purpose of the policy is to establish guidelines the City will use in the investment of City funds. Mr. Carter reviewed aspects of the policy such as scope, prudence, objective, delegation of authority, ethics and conflicts of interest, authorized financial dealers and institutions, authorized and suitable investments, collateral, safekeeping and custody, diversification, pooling of investments and investment policy adoption by Resolution No. 13772. It was noted that “bi-annual” needs to be changed to “biennial” in the last section of the policy. Motion by Czmowski, second by Yost, to approve formally adopting a City of Hutchinson investment policy, adopting Resolution No. 13772. Motion carried unanimously. (f)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 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. Mr. Exner explained that the lots include two remnant lots on Hwy 7 east of Subway, remnant lots on the northwest quadrant of Hw7/Hwy 15 and remnant lots east of Hwy 15 to Prospect Street. The cost to acquire the lots is as follows: $12,000 two lots by Subway, $5400 for the northwest quadrant, and $18,500 for the lots east of Hwy 15 to Prospect Street. A development assessment has been completed on the two lots east of Subway. The properties on the west side of Hwy 15 have no access available, however one of the lots could be a potential benefit to the property owner to the south. The remaining lots to the north could be attached to Rocket Hill park. The properties east of Hwy 15 to Prospect Street are developable. A property on Prospect Street has been identified as being owned by the Prochnow family. A representative of the Prochnow family has indicated that the property owner will deed over the property to the City extinguishing their rights to the property. For development in this area, additional property may need to be acquired to address access issues. A total of $35,900 is required to acquire all of the properties. Mn/DOT has requested a letter of intent from the City if the City is interested in pursuing these properties. The funds will come from capital projects fund. Mayor Cook mentioned the many positives in acquiring these properties. 5 CITY COUNCIL MINUTES – AUGUST 24, 2010 Motion by Arndt, second by Haugen, to approve moving forward with purchase of properties in the amount of $35,900. Motion carried unanimously. 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.) (a)CHARTER COMMISSION MINUTES FROM JUNE 14, 2010, AND JUNE 28, 2010 (b)PLANNING COMMISSION MINUTES FROM JULY 20, 2010 (c)CITY OF HUTCHINSON FINANCIAL REPORT FOR JULY 2010 (d)CITY OF HUTCHINSON INVESTMENT REPORT FOR JULY 2010 MISCELLANEOUS 12. Council Member Arndt – Mr. Arndt noted that tomorrow morning at 9:00 a.m., Historic Hutchinson is scraping paint off of Harrington-Merrill House. Any and all are invited to joing. Council Member Yost – Mr. Yost noted that he had received an unfavorable comment on the trail/fence moratorium. Kent Exner - Ordinance No. 08-0559 – An ordinance suspending enforcement of Hutchinson City ordinance pertaining to hours of construction during the Adams Street project. Mr. Exner explained that the contractor has requested the City to suspend the construction noise ordinance on the Adams Street construction project through the end of October. The suspension of the noise restrictions will allow for necessary slab saw cutting. These events should only take place three or four times. The contractor is expected to notify the property owners before cutting takes place. Motion by Arndt, second by Cook, to approve first reading of Ordinance No. 08-0559 and set second reading and special meeting for August 31, 2010, at 4:30 p.m. to approve. Motion carried unanimously. Mayor Cook – Mayor Cook mentioned that there is one mosquito spray left in the City’s contract. He suggested authorizing the contractor to spray next Monday, August 30, 2010. He suggested authorizing two additional sprays as well at staff’s discretion. Motion by Czmowski, second by Cook, to authorize spray on Monday, August 30, 2010, and to authorize two additional sprays at staff’s discretion. Roll call vote: Haugen – aye; Arndt – nay; Yost – aye; Czmowski – aye; Cook – aye. Motion carried 4 to 1. Mayor Cook mentioned that the special City Council meeting noted on the city calendar for September 7, 2010, should be changed to a budget workshop. It was also mentioned that a ribbon cutting ceremony is being held at 4:00 p.m. for the Industrial Park on September 7, 2010. Mayor Cook noted that he received a petition from 121 individuals from the senior center. Those that signed the petition are not supportive of closing the senior center on Fridays as proposed due to budget cuts. They asked that other budgetary measures be considered. Mayor Cook also mentioned that the proposed mural to be placed on Skip Quade’s building has been rumored to possibly have changes being made to it as previously presented. Marc Sebora, City Attorney, noted that the project coordinator, Bob Peterson, has informed him that the mural will not be having significant changes and will be created as presented to the Council earlier. Mayor Cook asked that pictures be taken of the mural to date and have them distributed to the Council. ADJOURN 13. Motion by Arndt, second by Cook, to adjourn at 8:30 p.m. Motion carried unanimously. ATTEST: 6 CITY COUNCIL MINUTES – AUGUST 24, 2010 Steven W. Cook Gary D. Plotz Mayor City Administrator 7