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08-27-2013 CCMMINUTES REGULAR MEETING — HUTCHINSON CITY COUNCIL TUESDAY, AUGUST 27, 2013 1. C_ Ai I JO ORDFR — .5.30 P.M. Mayor Steve Cook called the meeting to order. Members present were Bill Arndt, Mary Christensen, Chad Czmowski and Gary Forcier. Others present were Jeremy Carter, City Administrator, Kent Exner, City Engineer and Marc Sebora, City Attorney. 2. INVOCATION —Due to the absence of a pastor, the invocation was dispensed. 3. PLEDGE OF ALLEGIANCE 4. RECOGNITION OF GIFTS. DONATIONS AND COMMUNITY SERVICE TO THE CITY Mayor Cook acknowledged an email he received from Randy Starke, Fairgrounds Manager, thanking all of the city departments for their partnership and workmanship between the County and the City for the multitude of events that occur at the Fairgrounds. 5. PUBLIC COMMENTS 6. MINUTES (a) REGULAR MEETING OF AUGUST 13, 2013 Motion by Arndt, second by Christensen, to approve the minutes as presented. Motion carried unanimously. 7. CONSENT AGENDA (Puipose: only for items i °equiring Council apps -oval by external entities that would other -vise have been delegated to the CityAdministrator. Ti °aditionally, items are not discussed.) (a) RESOLUTIONS AND ORDINANCES RESOLUTION NO. 14181 - RESOLUTION ACCEPTING DONATION FROM HUTCHINSON CHAMBER OF COMMERCE (b) PLANNING COMMISSION ITEMS CONSIDERATION OF REZONING PROPERTY AT 1025 DALE STREET SW FROM R1 TO R4 TO ALLOW FOR DEVELOPMENT OF A 30 -UNIT MEMORY CARE FACILITY WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (SECOND READING AND ADOPTION) 2. CONSIDERATION OF CONDITIONAL USE PERMIT AND SITE PLAN FOR DEVELOPMENT OF A 30 -UNIT MEMORY CARE FACILITY LOCATED AT 1025 DALE STREET WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION NO. 14176) (c) CONSIDERATION FOR APPROVAL OF APPOINTING MARK GIRARD TO THE HUTCHINSON UTILITIES COMMISSION TO DECEMBER 2016 (UNEXPIRED TERM OF CITY C'OUNC'IL MINUTES A UGUST 27, 2013 LEON JOHNSON) (d) CONSIDERATION FOR APPROVAL OF CHANGE ORDER NO. 1 — LETTING NO. 10, PROJECT NO. 13 -10 (2013 CITY PARKING LOT IMPROVEMENTS) (e) CONSIDERATION FOR APPROVAL OF AIRPORT WORK ORDER 2 — OBSTRUCTION REMOVAL (f) CONSIDERATION FOR APPROVAL OF ANNUAL POLY BAG FILM PURCHASE FOR BAGGING OPERATIONS AT CREEKSIDE (g) CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS — CHECK REGISTER A (h) CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS — CHECK REGISTER B (i) CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS — CHECK REGISTER C Items 7(b)2, 7(h) and 7(i) were pulled for separate action. Motion by Forcier, second by Arndt, to approve consent agenda with the exception of the items noted above. Motion carried unanimously. Item 7(b)2 had further discussion. Dan Jochum, Planning Director, presented before the Council. Mr. Jochum explained to the Council that the Planning Commission had approved the conditional use permit and site plan for the memory care facility at its August 6, 2013, meeting. Mr. Jochum noted that some neighbors had raised concerns regarding screening around the proposed facility. A revised landscape plan had been submitted by the applicant to allow for additional screening which would include trees along the driveway and portions of the western property line. Staff is suggesting that trees run all along the western side. Dan Jochum noted that 20 units in the facility would be for memory care and 10 units for high intensity care suites. Mr. Jochum is suggesting adding a condition on the CUP that these types of units will be in the facility and that the facility will be licensed as a Class F facility through the State when it opens and then will transition to a comprehensive license as the state changes its licensing terminology in the future. Matthew Tauer, Bear Paws properties, presented before the Council. Mr. Tauer explained that there is a proposed fenced in area that will be 20x20 and used by residents and will include a walking circular path. A door is included on the north side of the fence. Roman Bloemke, facility manager, presented before the Council. Mr. Bloemke explained that a high intensity care is care in between assisted living and a nursing home. Patients in high intensity care suites typically have higher level MS or Parkinsons or mobility issues. These high intensity care suites will also be utilized for short -term recovery stays as well. Mayor Cook noted that there were concerns over drainage issues. Mr. Jochum noted that there are protections listed in the conditions on the conditional use permit. If this development is affecting drainage issues for the worse, it will be the developer's responsibility to correct any issues. Traffic concerns were raised at the last meeting. The police department conducted a study using Harmony 2 CITY C'OUNCIL MINUTES AUGUST 27, 2013 River which has a higher volume of residents. Harmony River averages one emergency call per month. The volumes at the proposed facility are much lower so the calls should be minimal. With the traffic at the church and preschool already present, there should be very little increased traffic with the proposed facility. Jim Pease, 1065 Dale Street, presented before the Council. Mr. Pease noted he has some concerns with the proposed tree line to be used for screening. Mr. Pease would prefer a privacy fence or a tighter shrub line fence to block site lines. Council Member Czmowski suggested to Mr. Pease that he could put up a fence on his property should he wish for more privacy. Mr. Jochum noted that the applicant is required to plant 26 trees on the property which is more than the standard amount required typically. Mr. Jochum noted that staff could require a certain type of tree be planted, such as evergreens which provide screening all year round. Motion by Czmowski, second by Cook, to approve Item 7(b)2 with the additional condition as noted previously by Mr. Jochum regarding the types of units and licensing. Motion carried unanimously. Item 7(h) had further discussion. Council Member Forcier noted he will be abstaining. Motion by Arndt, second by Christensen, with Forcier abstaining, to approve Item 7(h). Motion carried unanimously. Item 7(i) had further discussion. Council Member Czmowski noted he will be abstaining. Motion by Arndt, second by Forcier, with Czmowski abstaining, to approve Item 7(i). Motion carried unanimously. 8. PUBLIC HEARINGS — 6:00 P.M. (a) UPDATE ON OWNER OCCUPIED REHAB SMALL CITIES DEVELOPMENT PROGRAM GRANT CDAP -11- 0023 -0 -FY 12 Jean Ward, HRA Executive Director, presented before the Council. Ms. Ward provided an overview of the progress on the grant received from the State of Minnesota for the northeast and southwest neighborhoods in Hutchinson. Ms. Ward noted that two homes have been completed and three homes are in process of construction. Four applicants have been approved to begin construction and two other applicants are in the application process. The average total rehabilitation costs are more than in the past mainly due to deferred maintenance and radon mitigation issues. Ms. Ward explained that $74,000 had been retained from previous projects and the State requires that that be spent down, which will allow for one more home to be rehabilitated than planned. After September 1, the HRA will begin accepting applications city -wide for the small cities development program. All interested home owners should call the HRA or visit the HRA web site. Motion by Arndt, second by Christensen, to close public hearing. Motion carried unanimously. Council Member Arndt noted that the property that was built on the 400 Lynn Road lot pumps a lot of water out of its basement and the previous home did not have this type of issue. He asked the 3 CITY COUNCIL MINUTES A UGUST 27, 2013 public works department to look into the matter to see if a pipe had been blocked during demolition. John Olson, Public Works Manager, will follow up with the current home owner. 9. COMMTJNICATIONS. REOT JESTS AND PETITIONS (PuJpose: to provide Council with information necessrny to craft wise policy. Always looking toward the fixture, not monitoring past) (a) UPDATE BY COALITION OF GREATER MINNESOTA CITIES ON LEGISLATIVE SESSION — AMANDA DUERR Amanda Duerr, Coalition of Greater Minnesota Cities, presented before the Council. Ms. Duerr provided an update on the past year's legislative activities of the CGMC and future tasks the CGMC will be taking on. Issues addressed in 2013 include a new local government aid formula, progress in economic development, transportation funding, annexation and advocacy in energy and environment. (b) UPDATE FROM FACILITIES COMMITTEE Dan Jochum, Facilities Committee, presented before the Council. Mr. Jochum provided an overview of the projects scheduled and completed in 2013 and those scheduled over the next few years all in a priority ranking. Mr. Jochum detailed the improvements needed to the Parks garage which was the worst - ranked facility in the City. Improvements will include cleaning, painting and priming the structural steel frames, among other things. Other projects include renovation to the historic bandshell in Library Square, fire department improvements, park system roofs, Rec Center air handler, and City Center carpet replacement. Projects under $100,000 are obtained by quote and projects over $100,000 follow the formal bid process. Discussion was held regarding energy conservation on the project prioritization criteria ranking. 10. UNFINISHED BUSINESS (a) CONSIDERATION FOR APPROVAL OF AIRPORT HANGAR LEASE Jeremy Carter, City Administrator, presented before the Council. Mr. Carter noted that this item was tabled at the last meeting to allow time for staff to review the lease in more detail. Mr. Carter noted a few revisions that were made to the agreement from the last meeting. The revisions include the term of the agreement, use of the leased property, insurance policy requirements and an improvements exception for the City. John Olson, Public Works Manager, presented before the Council. Mr. Olson noted that the leaseholder, ASI Jet Ag Division, has two full time employees and four part time employees who perform aircraft maintenance at the airport. This activity has included them purchasing a vast amount of fuel from the airport and a large business increase in their agriculture spraying operations. Motion by Arndt, second by Forcier, to approve airport hangar lease with ASL Motion carried unanimously. (b) CONSIDERATION OF ORDINANCE NO. 13 -715 - AN ORDINANCE APPROVING REVISIONS TO SECTIONS 5.02 AND 13.03 OF HUTCHINSON CITY CHARTER AS RECOMMENDED BY THE CHARTER COMMISSION (FIRST READING, SET SECOND READING) 11 CITYC'OUNCIL MINUTES AUGUST 27, 2013 Marc Sebora, City Attorney, presented before the Council. Mr. Sebora noted that this topic is a continuation from the last Council meeting due to not having all Council Members present. Mr. Sebora reminded the Council that the Charter Commission had met earlier this year and has recommended a couple of revisions to the Charter. These include changing the petition requirements from 20% to those who voted for mayor in the last preceding election to 10% of total votes cast in the last regular election. The other revision is to require that the City cover city officials with a bond rather than requiring the City officials to give a corporate bond. Mayor Cook noted that some discussion was held at the last meeting of possibly requiring a higher petition requirement for recalls. This would need to be considered by the Charter Commission. Motion by Forcier, second by Czmowski, to approve Ordinance 13 -715, setting second reading and adoption for September 10, 2013. Motion carried unanimously. 11. NEW BUSINESS (a) CONSIDERATION FOR APPROVAL OF 2013 ANNUAL RECOGNITION EVENT Jeremy Carter, City Administrator, presented before the Council. Mr. Carter noted that each Fall the City holds a recognition event for those volunteers who serve on various City boards and commissions. Mr. Carter offered out a few dates to choose from for the event for the Council to consider. A meal and short program has been part of the event in the past. Motion by Christensen, second by Forcier, to set annual recognition event for September 26, 2013, at 5:30 p.m. as public meeting. Motion carried unanimously. Council Member Czmowski noted that he will be out of town on September 26, 2013, and asked that the date be reconsidered. Motion by Czmowski, second by Forcier, to set annual recognition event for September 19, 2013, at 5:30 p.m. as a public meeting. Motion carried unanimously. (b) CONSIDERATION OF ORDINANCE NO. 13 -0716 — AN ORDINANCE ADOPTING SECTION 30.16 — EXPENDITURES BY PETITIONERS (FIRST READING, SET SECOND READING) Marc Sebora, City Attorney, presented before the Council. Mr. Sebora explained that this ordinance is an outgrowth from the discussion held at the previous Council meeting. Several cities place restrictions on petition circulators prohibiting payment of any kind in connection to circulating petitions. This ordinance contains similar language used by other cities. Motion by Christensen, second by Forcier, to approve Ordinance 13 -716, setting second reading and adoption for September 10, 2013. Motion carried unanimously. (c) CONSIDERATION OF ORDINANCE NO. 13 -0717 — AN ORDINANCE AMENDING SECTION 112.121 — CONSUMPTION & DISPLAY — RESTRICTIONS AND REGULATIONS (FIRST READING, SET SECOND READING) Marc Sebora, City Attorney, presented before the Council. Mr. Sebora explained that a potential 5 CITY COUNCIL MINUTES A UGUST 27, 2013 business has approached the City about possibly opening a business on Main Street that would like to have liquor as part of its business plan. As part of this business venture, and potential others, staff is proposing to amend its consumption and display ordinance. The current ordinance does not allow for an establishment to hold a consumption and display permit if it did not have a liquor license or consumption & display permit prior to 1985. The amended ordinance removes this requirement and adds language from state statute listing out the establishments that would be eligible for such a license. Motion by Czmowski, second by Christensen, to approve Ordinance 13 -717, setting second reading and adoption for September 10, 2013. Mayor Cook commented that this ordinance change will allow for expansion in certain business establishments. Motion carried unanimously. (d) CONSIDERATION FOR APPROVAL OF SETTING COUNCIL WORKSHOP FOR SEPTEMBER 24, 2013, AT 4:00 P.M. TO DISCUSS SWIMMING POOL PROJECT Jeremy Carter, City Administrator, noted that last March the Council held a workshop to discuss various concepts for a new pool. As part of the workshop, staff was directed to study different concepts and costs associated. A second workshop is proposed to review cost estimates and various amenities. Motion by Arndt, second by Forcier, to set Council workshop for September 24, 2013, at 4:00 p.m. to discuss swimming pool project. Motion carried unanimously. 12. GOVERNANCE (PuJpose: to assesspast organizationalpeiformance, developpolicy thatguides 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 AUGUST 6, 2013 (b) CITY OF HUTCHINSON FINANCIAL REPORTS AND INVESTMENT REPORT FOR JULY 2013 (c) PARKS, RECREATION, COMMUNITY EDUCATION BOARD MINUTES FROM JULY 1, 2013 (d) TREE BOARD MEETING MINUTES FROM JULY 29, 2013 (e) PLANNING, ZONING, BUILDING DEPARTMENT MONTHLY REPORT FOR JULY 2013 (f) HUTCHINSON HOUSING & REDEVELOPMENT AUTHORITY BOARD MINUTES FROM AUGUST 12, 2012, AND JULY 16, 2013 13. MISCELLANEOUS Mary Christensen — Council Member Christensen asked for an update on the Depot site. Kent Exner, City Engineer, provided an update on the recent activities and timeline of completion. The Depot has been placed on the site and sod, rain garden and pond has been put in place. The structure for the Farmers Market is to be installed by the end of September. Bill Arndt — Council Member Arndt noted the South Grade Road project is taking quite some time. Kent Exner noted that due to the excessive heat, things have been delayed and it may take another 0 CITY C'OUNCIL MINUTES AUGUST 27, 2013 month for the project to be completed. Jeremy Carter — Mr. Carter reminded the Council that the preliminary levy will be set at the next Council meeting. In addition, meetings will be held next week with employees who are eligible for retirement to review a retirement incentive program. Kent Exner - Mr. Exner noted that the Jefferson Street project is moving along well, however the streets on the north end most likely will not be paved by the Arts & Crafts festival. The mill and overlay projects in the Grove Street area are complete and turned out very well. The parking lot improvements are also complete and turned out very well. Steve Cook — Mayor Cook thanked the County Board on their $10,000 contribution to the origin and destination study. Mayor Cook suggested holding a town hall meeting in the future with youth with both middle schoolers and high schoolers on City amenities, such as the pool, the Rec Center and other activities. 14. ADJOURN Motion by Arndt, second by Christensen, to adjourn at 7:45 p.m. Motion carried unanimously. ATTEST: Steven W. Cook Jeremy J. Carter Mayor City Administrator 7