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04-26-2011 CCMMINUTES REGULAR MEETING – HUTCHINSON CITY COUNCIL TUESDAY, APRIL 26, 2011 CALL TO ORDER – 5:30 P.M. 1. Mayor Steve Cook called the meeting to order. Members present were Mary Christensen, Eric Yost and Chad Czmowski. Member absent was Bill Arndt. Others present were Jeremy Carter, City Administrator, Marc Sebora, City Attorney, and Kent Exner, City Engineer. INVOCATION 2. – Due to the absence of the pastor, the invocation was dispensed. PLEDGE OF ALLEGIANCE 3. PUBLIC COMMENTS 4. MINUTES 5. (a)REGULARMEETING OF APRIL 12, 2011 Motion by Yost, second by Cook, 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.RESOLUTION NO. 13872 – RESOLUTION ESTABLISHING LOCATION FOR TRAFFIC CONTROL DEVICES (OVERNIGHT PARKING IN PARKING LOT H) 2. RESOLUTION NO. 13869 – RESOLUTION TO DONATE SURPLUS POLICE DEPARTMENT PROPERTY (b)PLANNING COMMISSION ITEMS 1.CONSIDERATION OF CONDITIONAL USE PERMIT TO ALLOW AN EXISTING OUTDOOR FENCED AREA AS AN OUTDOOR STORAGE AND DISPLAY LOT FOR ONLINE AUCTIONS LOCATED AT FAHEY SALES AGENCY, 904 HWY 15 SOUTH WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION NO. 13867) 2. CONSIDERATION OF AMENDMENT TO THE ZONING ORDINANCE CHAPTER 154; SECTION 154.004, 154.064, 154.067, 154.068, 155.03 AND 155.05 REGARDING SEXUALLY ORIENTED BUSINESSES WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (WAIVE FIRST READING AND SET SECOND READING AND ADOPTION OF ORDINANCE NO. 11-0668 FOR MAY 10, 2011) (c)CONSIDERATION FOR APPROVAL OF ITEMS FOR 2011 PAVEMENT MANAGEMENT PROGRAM PHASE I PROJECT (LETTING NO. 3, PROJECT NO. 11-04) (d)CONSIDERATION FOR APPROVAL OF TERMS AND CONDITIONS OF ACCEPTING AIRPORT IMPROVEMENT GRANTS CITY COUNCIL MINUTES –APRIL 26, 2011 (e)CONSIDERATION FOR APPROVAL OF ISSUING ON-SALE INTOXICATING & SUNDAY LIQUOR LICENSE TO FRATERNAL ORDER OF EAGLES LOCATED AT 1000 HWY 7 WEST (PREVIOUSLY ISSUED CLUB LIQUOR LICENSE) (f)CONSIDERATION FOR APPROVAL OF ISSUING TRANSIENT MERCHANT LICENSE TO IVAN SCHRODT TO SELL MERCHANDISE AT THE CORVETTES FOR A CAUSE SHOW MAY 27 – 29, 2011 th (g)CONSIDERATION FOR APPROVALS AND PERMITS FOR THE 69 ANNUAL HUTCHINSON JAYCEE WATER CARNIVAL FOR JUNE 13 – 19, 2011 (h)CONSIDERATION FOR APPROVAL OF ISSUING SHORT-TERM GAMBLING LICENSE TO GFWC OF HUTCHINSON WOMAN’S CLUB ON JUNE 25, 2011, AT HARRINGTON/MERRILL HOUSE (i)CONSIDERATION FOR APPROVAL OF ISSUING SHORT-TERM 3.2 MALT LIQUOR LICENSE TO HUTCHINSON CENTER FOR THE ARTS FOR THE RIVERSONG MUSIC FESTIVAL JULY 29-30, 2011 (j)CONSIDERATION FOR APPROVAL OF ISSUING DANCE PERMIT AND TEMPORARY LIQUOR LICENSE TO ST. ANASTASIA CATHOLIC CHURCH ON JUNE 17, 2011, AT MCLEOD COUNTY FAIRGROUNDS (k)CONSIDERATION FOR APPROVAL OF ISSUING SHORT-TERM 3.2 MALT LIQUOR LICENSE TO POWER PULL NATIONALS LLC ON JUNE 17 & 18, 2011, AT MCLEOD COUNTY FAIRGROUNDS (l)CONSIDERATION FOR APPROVAL OF ISSUING TRANSIENT MERCHANT LICENSE TO DEAN SCHLUETER TO OPERATE “THE GARDEN”, A GREENHOUSE AND GARDEN SUPPLY STORE, IN THE PARKING LOT OF THE VACANT CUB FOODS BUILDING (m)CONSIDERATION FOR APPROVAL OF ISSUING TRANSIENT MERCHANT LICENSE TO PHILLIP WESTBY TO OPERATE “THE COUNTRY STOP”, A FRESH PRODUCE STAND, IN THE PARKING LOT OF THE FORMER RUNNINGS BUILDING (n)CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS Items 6(b)2, 6(c) and 6(l) were pulled for separate discussion. Motion by Christensen, second by Czmowski, to approve consent agenda with the exception of the items noted above. Motion carried unanimously. Item 6(b)2 had further discussion. Council Member Yost asked why this amendment is necessary. Dan Jochum, Planning Director, noted that there were some inconsistencies noted throughout the city code and therefore this ordinance is being proposed for amendments to provide consistency. Council Member Yost asked in reference to Section 154.001 (1)(A) where the 25% number was derived from. City Attorney Sebora noted that this percentage has been in the code since he has been here, which is 15 years, so staff is not completely certain how the 25% originated. Council Member Yost felt this percentage was rather high. Mayor Cook agreed and suggested adding a square footage amount. City Attorney Sebora noted that the intention of the ordinance is to limit adult-oriented businesses to industrial-zoned areas of the city. He further noted that the 25% language in Section 154.004 seems to pertain to the amount of materials that are in stores that are located in other zoned-areas of the city. Mayor Cook suggested adopting the ordinance now to continue with the process, however to have the Planning Commission to continue to research the 25% coverage and perhaps adding a square footage requirement. 2 CITY COUNCIL MINUTES –APRIL 26, 2011 Motion by Yost, second by Christensen, to approve first reading of Ordinance No. 11-0668. Motion carried unanimously. Item 6(c) had further discussion. Kent Exner, City Engineer, noted that a revised Resolution was distributed this evening. This revised Resolution includes the estimated dollar amounts for construction costs and assessment amounts. Motion by Czmowski, second by Yost, to approve Item 6(c). Motion carried unanimously. Item 6(l) had further discussion. Mayor Cook noted that perhaps the same timeframe should be given to The Garden applicant as was given to the other garden centers throughout the city as far as the amount of time they have to operate. City Attorney Sebora expressed that he believes a time frame cannot be placed on the license as transient merchant licenses are typically issued for a one year timeframe. Motion by Czmowski, second by Christensen, to table this item until later in the meeting to allow time for Attorney Sebora to research time restrictions that can be placed on the agenda. Motion carried unanimously. PUBLIC HEARINGS – 6:00 P.M. - NONE 7. COMMUNICATIONS, REQUESTS AND PETITIONS 8. (Purpose: to provide Council with information necessary to craft wise policy. Always looking toward the future, not monitoring past) UNFINISHED BUSINESS 9. (a)PRESENTATION BY PUBLIC ARTS COMMISSION AND APPROVAL TO PROCEED WITH ARTS PROJECT PROCESS AND CONSIDERATION FOR APPROVAL OF AMENDED RESOLUTION NO. 13873 PERTAINING TO PUBLIC ARTS FUNDING Tom Wirt, Public Arts Commission, presented before the Council. Mr. Wirt provided a history of the Public Arts Commission and the activities that they have undertaken to date. Mr. Wirt provided a listing of the Public Arts Commissioners. Lena Mowlem, Public Arts Commissioner, presented before the Council. Ms. Mowlem explained how the Public Arts Commission selected the artist and art piece for the Commission’s current project. Ms. Mowlem provided a photograph of “River Horse” which is the project. The Public Arts Commission is proposing to put this piece in Girl Scout Park which is on Main Street. Mr. Wirt provided the budget for the project. The artist’s fees total $50,000 – site expenses estimated at $20,000 – allocation for maintenance/repair of $5,000 with a total project cost of $75,000. The income sources include $30,000 from the City of Hutchinson; $20,000 in legacy grants and $25,000 in private and corporate donations. Mr. Wirt then provided the Public Art Commission’s time table for the project with a goal of installing the piece mid-late October of 2011. Mr. Wirt asked that the Council approve the project for public comments and to approve the budget as presented for the project. Mr. Wirt noted that the Public Arts Commission would like to accept public comment via a form that can be available from the City Center. The form can also be placed on the City’s web site. Jeremy Carter, City Administrator, also noted that in 2009 the City had established a funding mechanism for the Public Arts Commission. At that time, the City had opted to use $15,000 from the city’s annual 429 improvement bonds. After further discussions, staff has deemed it more wise to use the annual funds from the capital projects fund budget. Motion by Christensen, second by Yost, to approve proceeding with arts project process and to approve Amended Resolution No. 13873 pertaining to public arts funding. Motion carried unanimously. (b)CONSIDERATION OF ORDINANCE NO. 11-0666 – AN ORDINANCE AMENDING ZONING ORDINANCE CHAPTER 154; SECTION 154.137 D(4) AND 3(11) REGARDING BANNER SIGNS 3 CITY COUNCIL MINUTES –APRIL 26, 2011 (SECOND READING AND ADOPTION) Dan Jochum, Planning Director, presented before the Council. Mr. Jochum noted that he has spoken with some Council Members regarding this issue. Mr. Jochum reviewed the current banner ordinance which allows for banner signs for 45 days. The amended ordinance is to allow for easier enforcement of the ordinance. Mr. Jochum explained that a sign advertising the business is considered a banner sign. A decorative sign is not considered a banner sign. A sign that reads “Open” would be under the banner ordinance. Single day, same day events for non profit organizations would be excluded and that language will be added to the ordinance. Motion by Christense, second by Yost, to approve Ordinance No. 11-0666 with the additional language excluding nonprofit organizations for same-day events. Motion carried unanimously. NEW BUSINESS 10. (a)PRESENTATION BY FAMILY READINESS GROUP OF NATIONAL GUARD AND CONSIDERATION FOR APPROVAL OF YELLOW RIBBON PROGRAM Mary Berger and Julie Olson, Family Readiness Group of National Guard, presented before the Council. Ms. Berger explained that the Hutchinson branch of the National Guard is deploying for the third time and they asked that the Group be allowed to tie yellow ribbons around light poles and trees. The ribbons will be taken down within one month of the soldiers returning. The ribbons will be maintained and repaired appropriately. Motion by Czmowski, second by Christensen, to approve yellow ribbon program for National Guard troops. Motion carried unanimously. (b)CONSIDERATION OF A CONDITIONAL USE PERMIT TO ALLOW OUTDOOR STORAGE AND DISPLAYS LOCATED AT MENARDS, 1525 MONTREAL STREET SE WITH SPLIT VOTE OF PLANNING COMMISSION (ADOPT RESOLUTION NO. 13868) Dan Jochum, Planning Director, presented before the Council. Mr. Jochum explained that Menards has requested to use 15 parking spaces for outdoor storage and displays of trailers. Menards significantly exceeds the parking space requirements and is not shorted in any means with the trailer storage and display area. Mayor Cook asked if the display area could be moved a few stalls to the south. Aaron Morrissey, Menards, presented before the Council. Mr. Morrissey noted that starting the display area a bit further south will not be an issue. Mayor Cook expressed that, in comparison to the other properties that have obtained conditional use permits for garden centers, this property is more stand-alone as a destination center with more than adequate number of parking spaces. Motion by Czmowski, second by Cook, to approve conditional use permit to allow outdoor storage and displays located at Menards. Motion carried unanimously. (c)CONSIDERATION FOR APPROVAL OF HVAC SYSTEM AT HUTCHINSON POLICE DEPARTMENT Jeremy Carter, City Administrator, noted that HVAC improvements have been considered at the police department due to a system that carries repeated mechanical issues, high maintenance costs and high operating costs. As part of the Ameresco energy project, it was noted that improvements needed to be made with the system at the police department. Council Member Yost noted that the system at the police department appears to be one of the least efficient for the square footage it holds, especially, when it is a 24/7 operation. Chief Hatten noted that the police department had retained the services of Brian Guggisberg of Brian’s Heating and Air to provide expertise on mechanical systems for the facility. The lowest price received came in from TEK Mechanical at a cost of $99,989.00. The payback with installation of the new system should be seen within three to four years. This project will be funded from the capital projects fund. This project was originally estimated at almost $400,000 when reviewed as part of the Ameresco project. Motion by Czmowski, second by Christensen, to approve HVAC system at Hutchinson Police Department. Motion carried unanimously. 4 CITY COUNCIL MINUTES –APRIL 26, 2011 (d)DISCUSSION OF LIQUOR LICENSE VIOLATION FOR JUAN PEREZ DBA LAS PALMAS RESTAURANT AND CONSIDERATION FOR APPROVAL OF ISSUING ON-SALE INTOXICATING LIQUOR LICENSE TO JUAN PEREZ DBA LAS PALMAS RESTAURANT Marc Sebora, City Attorney, presented before the Council. Mr. Sebora noted that he has spoken with Chief Dan Hatten and they are recommending that this item be tabled until June 14, 2011, due to some outstanding court matters Mr. Perez needs to tend to. In addition, he and Chief Hatten are recommending that a public hearing be held on June 14, 2011. Motion by Czmowski, second by Yost, to table this item until June 14, 2011, and to hold a public hearing on that date. Motion carried unanimously. (e)CONSIDERATION FOR APPROVAL OF SETTING COUNCIL WORKSHOP FOR MAY 10, 2011, AT 4:00 P.M. TO CONTINUE DISCUSSION ON PRIORITY SERVICES AND END STATEMENTS Motion by Yost, second by Cook, to approve setting Council workshop for May 10, 2011, at 4:00 p.m. to continue discussion of priority services and Ends statements. 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)PLANNING COMMISSION MINUTES FROM MARCH 15, 2011 MISCELLANEOUS 12. Marc Sebora – Mr. Sebora noted that the transient merchant code states that a license shall not exceed one year, therefore a time limit could be placed on The Garden’s license. Motion by Czmowski, second by Christensen, to approve transient merchant license for The Garden for 120 days. Motion carried unanimously. Eric Yost – Council Member Yost noted that the hospital, City and medical center are beginning discussions involving integration of the hospital and medical center. Chad Czmowski – Council Member Czmowski noted that he and Chief Dan Hatten have been working on a bicycle safety program. The intention is to begin the program in June. Mayor Cook – Mayor Cook that questions for the citizen survey are being finalized. He also noted that maintenance costs for streets will need to be allocated due to the frost boils and such this spring season. Jeremy Carter noted he is working with Kent Exner on repairs and costs. It was noted that if any residents see issues in the streets (potholes, frost boils, etc.), they are encouraged to report them through the City’s web site. ADJOURN 13. Motion by Christensen, second by Cook, to adjourn at 7:05 p.m. Motion carried unanimously. ATTEST: Steven W. Cook Jeremy J. Carter Mayor City Administrator 5