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05-10-2011 CCMMINUTES REGULAR MEETING – HUTCHINSON CITY COUNCIL TUESDAY, MAY 10, 2011 CALL TO ORDER – 5:30 P.M. 1. Mayor Steve Cook called the meeting to order. Members present were Mary Christensen, Eric Yost, Chad Czmowski and Bill Arndt. Others present were Jeremy Carter, City Administrator, Marc Sebora, City Attorney, and Kent Exner, City Engineer. INVOCATION 2. – Rev. Howard Anderson, Hunter’s Ridge Community Church, delivered the invocation. PLEDGE OF ALLEGIANCE 3. PROCLAMATION OF MAY 20, 2011, AS THE OFFICIAL ARBOR DAY PUBLIC COMMENTS 4. John Dietel, 185 Arch Street SE, presented before the Council. Mr. Dietel requested that the City Council consider amending the animal ordinance to allow chickens within city limits. Mr. Dietel distributed material regarding backyard farming that is occurring in cities across the United States. Mr. Dietel noted that he has had chickens on his yard for years and wasn’t aware of such an ordinance. Before he acquired the chickens, he sought permission from his neighbors. Mayor Cook noted that he had researched this issue and he did note that other communities are allowing farm animals within city limits. However, Mayor Cook noted concerns of police enforcement due to staffing levels. He also noted that if chickens specifically are allowed, he raised concerns of other requests that may come forward. Mr. Dietel spoke of the project at his home which includes about 40 chickens. Council Member Christensen voiced that she believes chickens and other farm animals belong in a rural setting. Motion by Arndt, second by Christensen, to take this matter under advisement and review the ordinance. Council Member Czmowski noted that he believes an ordinance change could only be considered if a fencing requirement was part of the amendment. Mayor Cook also noted that there are regulations to raising chickens and that would have to be considered as part of enforcement. Chief Hatten noted concerns with enforcing the ordinance now that a violation is known and the Council is considering an ordinance amendment. Chief Hatten suggested if the Council decides to leave the ordinance as is, to allow Mr. Dietel to keep the flock until he is ready to butcher them. Mr. Dietel requested that he be allowed to keep his 14 laying hens. All Council Members voted nay. Motion failed unanimously. If a time table is established for Mr. Dietel, the police department would utilize the same time table for other individuals that they find in violation this Spring/Summer. Motion by Czmowski, second by Cook, to have all chickens removed from City of Hutchinson residences by August 1, 2011. Motion carried unanimously. MINUTES 5. (a)REGULARMEETING OF APRIL 26, 2011 CITY COUNCIL MINUTES –MAY 10, 2011 Motion by Czmowski, second by Yost, 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. 11-0668 – AN ORDINANCE AMENDING ZONING ORDINANCE CHAPTER 154; SECTION 154.004, 154.064, 154.067, 154.068, 155.03 AND 155.05 REGARDING SEXUALLY ORIENTED BUSINESSES (SECOND READING AND ADOPTION) (b)CONSIDERATION FOR APPROVAL OF ITEMS FOR SCHOOL ROAD NW IMPROVEMENTS PROJECT (LETTING NO. 1, PROJECT NO. 11-01) (c)CONSIDERATION FOR APPROVAL OF ITEMS FOR INDUSTRIAL BOULEVARD SE RECONSTRUCTION AND ENERGY PARK BITUMINOUS WEAR COURSE PLACEMENT PROJECTS (LETTING NO. 2, PROJECT NO. 11-02 & 11-03) (d)CONSIDERATION FOR APPROVAL OF ITEMS FOR 2011 PAVEMENT MANAGEMENT PROGRAM PHASE 2 PROJECT (LETTING NO. 4, PROJECT NO. 11-05) (e)CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS Item 6(d) will be considered with Item 10(b). Motion by Czmowski, second by Arndt, to approve consent agenda with the exception of Item 6(d). Motion carried unanimously. PUBLIC HEARINGS – 6:00 P.M. 7. (a)ASSESSMENT HEARING AND PROJECT AWARD FOR 2011 PAVEMENT MANAGEMENT PROGRAM PHASE 1 PROJECT (LETTING NO. 3, PROJECT NO. 11-04) Kent Exner, City Engineer, presented before the Council. Mr. Exner noted that this project is for improvements on Kouwe, James and Water Streets north of Hwy 7 West. The low bid came in from Wm. Mueller & Sons in the amount of $427,513.50. A resident from 433 James Street asked what the project plans are for James Street. Mr. Exner explained that storm sewer will be replaced and it will be regraded and paved. The resident noted concerns with the current width of the street and asked if the street was going to be made wider. Mr. Exner noted no plans for widening as the current dimensions are standard. Motion by Arndt, second by Czmowski, to close public hearing. Motion carried unanimously. Motion by Arndt, second by Czmowski, to approve project award for 2011 pavement management program phase 1. 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)REVIEW OF POLICY ADDRESSING WATER SERVICE REPAIRS John Olson, Public Works Manager, presented before the Council. Mr. Olson explained that in January 2 CITY COUNCIL MINUTES –MAY 10, 2011 2010, the City adopted a policy whereby property owners pay a $.50 “insurance” fee on their water bill that covers issues from the curb stop to the distribution main. The first $4000 of repair is covered by this policy. Mr. Olson spoke of a business that is soliciting insurance coverage to residents from the house to the curb stop. UNFINISHED BUSINESS 9. NEW BUSINESS 10. (a)CONSIDERATION FOR APPROVAL OF UPDATED JOINT POWERS AGREEMENT BETWEEN THE CITY OF HUTCHINSON AND ISD #423 FOR A PARK, RECREATION, COMMUNITY EDUCATION PROGRAM Marc Sebora, City Attorney, presented before the Council. Mr. Sebora noted that this partnership has been in existence since 1993. This agreement is essentially the same as when it was first established other than revisions to reflect current practice of the program, such as the change in the number of board members, standing committees, and location of the office of the director. Mr. Sebora also asked that it be clarified that the ex-officio members be indicated as non-voting members. Motion by Czmowski, second by Christensen, to approve updated joint powers agreement with ISD #423 for a Park, Recreation, Community Education program with the additional “non-voting” language of ex-officio members. Motion carried unanimously. (b)DISCUSSION OF IMPACTS OF FROST DAMAGES TO CITY STREETS AND CONSIDERATION FOR APPROVAL OF USING FUND BALANCE FOR STREET REPAIRS John Olson, Public Works Manager, presented before the Council. Mr. Olson explained that streets had been identified for various types of patching for a total of approximately $92,000. Mr. Olson noted that when more closely examined, various streets had much frost damage. Three streets have been identified as damaged beyond the scope of typical repair strategy. These street sections include Bradford Street, Jackson Street and Roberts Road. The estimated rehabilitation costs for these three streets is estimated at $427,000. The estimated frost boil repair costs for the remaining areas are estimated at $124,000 with a total estimated cost of $551,000. Kent Exner, City Engineer, presented before the Council. Mr. Exner explained that the roadways identified are actually going to be reconstructed. The roads will be reclaimed or removed and then resurfaced. Assessments will be part of this project and a hearing will be held on June 14, 2011. Before the Council to consider is Resolution No. 13874 authorizing use of not more than $100,000 of fund balance to use towards the 2011 Neighborhood Street Maintenance Program. A budget amendment will be required within the Street Department to account for the additional funding source and appropriations. Motion by Arndt, second by Czmowski, to approve Resolution No. 13874 and Item 6(b) and move forward with frost boil repairs. Motion carried unanimously. (c)CONSIDERATION FOR APPROVAL OF SETTING PUBLIC MEETING FOR MAY 20, 2011, AT 5:00 TH P.M. FOR THE SOUTHWEST INITIATIVE FOUNDATION’S 25 ANNIVERSARY BANQUET AT JACKPOT JUNCTION Motion by Czmowski, second by Christensen, to approve setting public meeting for May 20, 2011, at 5:00 th p.m. for the Southwest Initiative Foundation’s 25 Anniversary banquet at Jackpot Junction. Motion carried unanimously. (d)CLOSED SESSION PURSUANT TO MINNESOTA STATUTE 13D.05, SUBD. 3(C) TO DISCUSS ND PROPERTY ACQUISITION OF PROPERTY LOCATED AT 105 2 AVENUE SE Motion by Arndt, second by Yost, to convene into closed session at 7:05 p.m. Motion carried unanimously. 3 CITY COUNCIL MINUTES –MAY 10, 2011 Motion by Arndt, second by Yost, to reconvene into open session at 8:06 p.m. 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)RESOURCE ALLOCATION COMMITTEE MEETING MINUTES FROM FEBRUARY 1; MARCH 1; APRIL 7; AND MAY 3, 2011 (b)FIRE DEPARTMENT MONTHLY REPORT FROM APRIL 2011 (c)LIQUOR HUTCH QUARTERLY REPORT FOR JANUARY – MARCH 2011 MISCELLANEOUS 12. Mary Christensen – Council Member Christensen noted the vast amount of comments she has received on the proposed River Horse project. Bill Arndt – Council Member Arndt requested that the Council set the Memorial Day ceremony as a public meeting so all council member may attend. Motion by Arndt, second by Cook, to set Memorial Day Service at Veterans’ Park as public meeting. Motion carried unanimously. Eric Yost – Council Member Yost spoke of River Horse as well. Jeremy Carter – Mr. Carter noted Resolution No. 13883 was distributed this evening to authorize to sell at auction surplus police department property at state auction on May 21, 2011. Motion by Arndt, second by Yost, to approve Resolution No. 13883. Motion carried unanimously. Mr. Carter also noted that the citizens survey prenotifications have been mailed out and the survey itself will be mailed out shortly. Kent Exner – Mr. Exner noted that some construction work will be completed on Adams Street that was not completed last year. Mr. Exner also mentioned that next week is National Public Works Week and he recognized city staff for their efforts. Mayor Cook – Mayor Cook noted that a committee hearing was held last week on the local sales tax issue. Hutchinson’s issue will be included in the final bill. Mayor Cook also mentioned the mural that is proposed to be placed on Main Street. Marc Sebora noted that staff is following up with the artist and project coordinator. ADJOURN 13. Motion by Arndt, second by Cook, to adjourn at 8:07 p.m. Motion carried unanimously. ATTEST: 4 CITY COUNCIL MINUTES –MAY 10, 2011 Steven W. Cook Jeremy J. Carter Mayor City Administrator 5