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06-22-2010 CCMMINUTES REGULAR MEETING Î HUTCHINSON CITY COUNCIL TUESDAY, JUNE 22, 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 Gary Plotz, City Administrator, and Marc Sebora, City Attorney. 2. INVOCATION Î The invocation was dispensed. 3. PLEDGE OF ALLEGIANCE 4. PUBLIC COMMENTS 5. MINUTES (a) REGULAR MEETING OF JUNE 8, 2010 Motion by Yost, 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) RESOLUTIONS AND ORDINANCES . 1. ORDINANCE NO. 10-0551 Î AN ORDINANCE ESTABLISHING CREEKSIDE ADVISORY BOARD (SET SECOND READING AND ADOPTION) (b) PLANNING COMMISSION ITEMS 1. CONSIDERATION OF A CONDITIONAL USE PERMIT TO ALLOW OUTDOOR SALES DISPLAY LOCATED IN THE C-4 DISTRICT AT ANTIQUES TO GO, 934 HWY 15 SOUTH WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION NO. 13758) 2. CONSIDERATION OF A CONDITIONAL USE PERMIT TO ALLOW TENT SALES OF FIREWORKS LOCATED IN THE C-4 DISTRICT AT HUTCHINSON MALL, 1060 HWY 15 SOUTH, REQUESTED BY GERALD BRYER WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION NO. 13759) 3. CONSIDERATION OF ÐSTREET RIGHT OF WAY PLAT NO. 12Ñ REQUESTED BY THE CITY OF HUTCHINSON TO MODIFY THE MONTANA STREET NORTHWEST RIGHT OF WAY WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION NO. 13760) (c) CONSIDERATION FOR APPROVAL OF PARK ELEMENTARY LEASE AGREEMENT (d) CONSIDERATION FOR APPROVAL OF ISSUING SHORT-TERM 3.2 MALT LIQUOR LICENSE TO HUTCHINSON CENTER FOR THE ARTS FOR THE RIVERSONG MUSIC FESTIVAL JULY 30-31, 2010 (e)CONSIDERATION FOR APPROVAL OF ISSUING SHORT-TERM 3.2 MALT LIQUOR LICENSE TO MCLEOD COUNTY AGRICULTURE ASSOCIATION FOR MCLEOD COUNTY FAIR CITY COUNCIL MINUTES Î JUNE 22, 2010 AUGUST 18 Î 22, 2010 (f)CONSIDERATION FOR APPROVAL OF AMENDMENT TO MN/DOT AGREEMENT NO. 91425 Î GRANT AGREEMENT FOR AIRPORT IMPROVEMENT (g) CONSIDERATION FOR APPROVAL OF SITE LEASE AGREEMENT WITH MIDWEST WIRELESS COMMUNICATIONS, LLC (h) CONSIDERATION FOR APPROVAL OF HUTCHINSON MUNICIPAL AIRPORT FUELING SYSTEM UPGRADE STATE GRANT REQUEST (i) CONSIDERATION FOR APPROVAL OF ISSUING TRANSIENT MERCHANT LICENSE TO GERALD BREYER TO SELL FIREWORKS IN THE HUTCHINSON MALL PARKING LOT FROM JUNE 25, 2010, TO JULY 5, 2010 (j) CONSIDERATION FOR APPROVAL OF ISSUING TRANSIENT MERCHANT LICENSE TO CHRIS ULMER OF TNT FIREWORKS TO HAVE A TENT SALE IN THE WALMART PARKING LOT FROM JUNE 28, 2010, TO JULY 5, 2010 (k) CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS Items 6(a)1, 6(b)1, and 6(g) were pulled for separate discussion. Motion by Czmowski, second by Arndt, to approve consent agenda with the exception of the items noted above. Motion carried unanimously. Item 6(a) 1 had further discussion. Mayor Cook noted that the Compost Advisory Board ordinance had some revisions made to it based on the feedback received at the last Council meeting. Motion by Haugen, second by Yost, to approve Item 6(a)1. Motion carried unanimously. Item 6(b)1 had further discussion. Council Member Yost noted that the applicant had contacted him with some concerns about the two foot setback requirement for the placement of his fence. Mike Corcoran, 944 Hwy 15 South, presented before the Council. Mr. Corcoran explained that as part of his conditional use permit application he was proposing to put a fence on his property line. One of the Planning Commission members had suggested that the fence be put up two feet off of his property line. He requested the ability to put the fence up to the property line if it is currently allowed by ordinance. He is proposing to put up a chain link fence on the side yard for storage. Mayor Cook suggested that the language on the conditional use permit allow for the fence to be put on the property line if it is maintenance free and accessible for maintenance by the property owner. Motion by Yost, second by Czmowski, to approve Item 6(b)1, with the language in condition #8 to be read as follows: Ðif fence is located closer than two feet to the property line, both sides of fence must be able to be maintained from the ownerÓs property.Ñ Motion carried unanimously. Item 6(g) had further discussion. Mayor Cook noted that he wants to see the city treated fairly and the proposed agreement allows for only a 2% inflationary increase each year. He suggested that the inflationary rate increase should be based on the consumer price index. Kent Exner, City Engineer, provided history on the contract negotiation with Midwest Wireless. He noted that Midwest Wireless does have other options to locate their equipment. Negotiations were agreed on 2% due to deflationary concerns of Midwest Wireless. Council Member Haugen also noted that he would like to see the inflationary factor based on the consumer 2 CITY COUNCIL MINUTES Î JUNE 22, 2010 price index. Jeremy Carter, Finance Director, presented before the Council. Mr. Carter raised some concerns with the 2% inflationary factor and was a proponent of perhaps having an inflationary factor based on the consumer price index as well. Marc Sebora, City Attorney, presented before the Council. Mr. Sebora noted he was in favor of trying to negotiate for more money up front or an increased annual rate. Kent Exner noted he will go back to Midwest Wireless to negotiate the rent based on the consumer price index. Jim Fahey, 446 Main Street, presented before the Council. Mr. Fahey noted he has a tower on property he owns on Lynn Road. He noted he does not own the tower, but the land that the tower is on. He noted the rent he receives is very minimal based on todayÓs numbers. In his contract, the rent is increased every five years and is based on numbers from 1998. Motion by Arndt, second by Cook, to table this item and negotiate rent with an annualized rental increase based on the consumer price index, with a minimum yearly increase of 2% and a maximum of 4%. Motion carried unanimously. 7. PUBLIC HEARINGS Î 6:00 P.M. (a) CONSIDERATION FOR APPROVAL OF GRANTING FRANCHISE TO CHERYL DOOLEY TO PLACE A FLAG POLE ON CITY PROPERTY AT 130 WASHINGTON AVENUE EAST (WAIVE FIRST READING AND SET SECOND AND ADOPTION OF ORDINANCE NO. 10-0550 FOR JULY 13, 2010) Kent Exner, City Engineer, noted that the application is to place a flagpole in city right of way in a current turf area located at 130 Washington Avenue East. Council Members had several questions related to whether or not the pole would be lighted, type of flag, height of pole, etc. Motion by Czmowski, second by Arndt, to close public hearing. Motion carried unanimously. Motion by Czmowski, second by Yost, to table this item until more information can be received. Motion carried unanimously. (b) ASSESSMENT HEARING FOR SHERWOOD STREET SE EXTENSION PROJECT Î ADOPT ASSESMENT, ACCEPT BID AND AWARD CONTRACT (LETTING NO. 2, PROJECT NO. 10-02) Kent Exner, City Engineer, presented before the Council. Mr. Exner explained that the project runs from Airport Road to the Southwinds Plat running to Edmonton Avenue. A trail will be constructed on the east side of the roadway. The low bid came in from R&R Excavating Inc. of Hutchinson with a bid amount of $739,591.17. This bid amount came in just under the engineerÓs estimate. Mr. Exner noted that he has spoken with the three adjacent property owners and all have communicated that they are on board with the project and have no concerns with the assessment information. Motion by Arndt, second by Haugen, to close public hearing. Motion carried unanimously. Motion by Arndt, second by Haugen, to adopt assessment, accept bid and award contract on Letting No. 2, Project No. 10-02. Motion carried unanimously. 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 10. NEW BUSINESS (a) CONSIDERATION FOR APPROVAL OF SETTING COUNCIL WORKSHOP FOR AUGUST 10, 2010, AT 4:00 P.M. FOR 2009 AUDIT REVIEW 3 CITY COUNCIL MINUTES Î JUNE 22, 2010 Jeremy Carter, Finance Director, presented before the Council. Mr. Carter noted that he hoped to get this workshop set earlier this year than last year. It was noted that the Council meeting will need to be rescheduled due to primary election day on August 10, 2010, and therefore the workshop will not be able to be held on August 10, 2010, at 4:00 p.m. Motion by Czmowski, second by Yost, to set Council workshop for August 24, 2010, at 4:00 p.m. for 2009 audit review pending the auditorÓs schedule. Motion carried unanimously. Motion by Arndt, second by Czmowski, to reset August 10, 2010, City Council meeting to begin at 4:00 p.m. due to election (no public meetings may be held between 6:00 Î 8:00 p.m.). Motion carried unanimously. (b) CLOSED SESSION PURSUANT TO MINNESOTA STATUTE 13D.05, SUBD. 3(C) TO DISCUSS ND PROPERTY ACQUISITION OF PROPERTY LOCATED AT 105 2 AVENUE SE AND MN/DOT TRUNK HWY 7/15 PROPERTIES (442 MAIN STREET NORTH, 454 MAIN STREET NORTH, 466 THTH MAIN STREET NORTH, 480 MAIN STREET NORTH, 256 4 AVENUE NW, 264 4 AVENUE NW, 9 THTH 4 AVENUE 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) Motion by Yost, second by Arndt, to convene into closed session at 6:40 p.m. Motion carried unanimously. Motion by Arndt, second by Yost, to reconvene into open session at 7:59. 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) CITY OF HUTCHINSON FINANCIAL REPORT FOR MAY 2010 (b) CITY OF HUTCHINSON INVESTMENT REPORT FOR MAY 2010 (b) PLANNING COMMISSION MINUTES FROM MAY 18, 2010 (c) JOINT PLANNING BOARD MINUTES FROM APRIL 21, 2010 (d)PLANNING, ZONING, BUILDING DEPARTMENT MONTHLY REPORT FOR MAY 2010 12. MISCELLANEOUS Council Member Arndt Î Bill Arndt suggested perhaps placing signs on the city limit boundaries indicating all of the civic organizations that are part of the city. Gary Plotz Î Mr. Plotz noted that he is working on renegotiating the refuse hauling contract with Waste Management and he plans on bringing something forward at the next meeting. Kent Exner Î Mr. Exner provided an update on the seal coating project. Washington Avenue is planned to be completed July 17, 2010. 13. ADJOURN Motion by Arndt, second by Cook, to adjourn at 8:00 p.m. Motion carried unanimously. ATTEST: _______________________________________ ___________________________________ 4 CITY COUNCIL MINUTES Î JUNE 22, 2010 Steven W. Cook Gary D. Plotz Mayor City Administrator 5