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06-14-2011 CCMMINUTES REGULAR MEETING – HUTCHINSON CITY COUNCIL TUESDAY, JUNE 14, 2011 CALL TO ORDER – 5:30 P.M. 1. Mayor Steve Cook called the meeting to order. Members present were Mary Christensen, Eric Yost, Bill Arndt and Chad Czmowski. Others present were Jeremy Carter, City Administrator and Marc Sebora, City Attorney. INVOCATION 2. – Pastor Paul Baker, Bethlehem United Methodist Church, delivered the invocation. PLEDGE OF ALLEGIANCE 3. PUBLIC COMMENTS 4. MINUTES 5. (a)REGULARMEETING OF MAY 24, 2011 (b)BID OPENING MINUTES FROM MAY 26, 2011 (INDUSTRIAL BOULEVARD SE) (c)BID OPENING MINUTES FROM JUNE 2, 2011 (SCHOOL ROAD NW) Motion by Yost, second by Christensen, 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. 13886 – RESOLUTION TO DONATE FOUND PROPERTY TH 2.RESOLUTION NO. 13893 - RESOLUTION COMMEMORATING THE 100 ANNIVERSARY OF THE HUTCHINSON, MINNESOTA CHAPTER OF THE GENERAL FEDERATION OF WOMEN’S CLUBS 3.RESOLUTION NO. 13894 - A RESOLUTION AUTHORIZING JEREMY J. CARTER, CITY ADMINISTRATOR, AND STEVEN W. COOK, MAYOR, TO ENTER INTO MULTI-AGENCY LAW ENFORCEMENT JOINT POWERS AGREEMENT (b) CONSIDERATION FOR APPROVAL OF ISSUING PARADE PEDDLER’S PERMIT TO JERRY JOHNSON FOR JUNE 19, 2011 (c) CONSIDERATION FOR APPROVAL OF ISSUING TRANSIENT MERCHANT LICENSE TO JAY MALONE FROM AUGUST 13 – 22, 2011, IN HUTCHINSON MALL PARKING LOT (d)CONSIDERATION FOR APPROVAL OF ISSUING TRANSIENT MERCHANT LICENSE TO GERALD BREYER FROM JUNE 10, 2011, TO JULY 10, 2011, TO SELL FIREWORKS IN HUTCHINSON MALL PARKING LOT (e)CONSIDERATION FOR APPROVAL OF ISSUING SHORT-TERM GAMBLING LICENSE TO CITY COUNCIL MINUTES –JUNE 14, 2011 MCLEOD COUNTY CHAPTER OF DUCKS UNLIMITED ON SEPTEMBER 8, 2011 (f)CONSIDERATION FOR APPROVAL OF ISSUING TEMPORARY ON-SALE LIQUOR LICENSE TO POWER PULL NATIONALS LLC FOR JUNE 17 & 18, 2011, AT MCLEOD COUNTY FAIRGROUNDS (PREVIOUSLY ISSUED SHORT-TERM 3.2 MALT LIQUOR LICENSE) (g)CONSIDERATION FOR APPROVAL OF FOUNDATION FOR CHALLENGED CHILDREN BIKE RUN (POSTPONED FROM MAY 21, 2011) (h)CONSIDERATION FOR APPROVAL OF DUELING PIANOS EVENT AT BURICH ARENA ON OCTOBER 8, 2011 (i)CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS Items 6(a)2, 6(a)3, 6(c) and 6(f) were pulled for separate discussion. Motion by Arndt, second by Yost, to approve consent agenda with the exception of the items noted above. Motion carried unanimously. th Item 6(a)2 had further discussion. Mayor Cook read the Resolution commemorating the 100 Anniversary of the Hutchinson Chapter of the General Federation of Women’s Clubs. Mayor Cook thanked the Women’s Club for all of the work they have done over the last 100 years. Council Member Christensen invited the public to an ice cream social on June 25, 2011, at 1:00 p.m. at the Harrington-Merrill House. Item 6(a)3 was pulled for separate discussion. Council Member Christensen noted that Hutchinson was misspelled throughout the document. Motion by Christensen, second by Arndt, to approve Item 6(a)3 with the correction of “Hutchinson”. Motion carried unanimously. Item 6(c) had further discussion. Council Member Christensen asked if there is ample parking spaces for the motor sale in the Mall parking lot. Jeremy Carter, City Administrator, noted that Jay Malone Motors has proposed to have 100 vehicles in the parking lot for the tent sale. Mr. Carter suggested seeing how this year goes with these additional items in the Mall parking lot to see if adjustments need to be made for next year. Council Member Christensen wanted to ensure that all businesses are treated equally. It was noted that a carnival was held in the Mall parking lot last week and there didn’t appear to be any issues. Motion by Arndt, second by Christensen, to approve Item 6(c) and evaluate how the event is held for consideration of next year. Item 6(f) had further discussion. Marc Sebora, City Attorney, indicated that the applicant has decided to withdraw its application for the temporary liquor license and they will remain with the 3.2 malt liquor license originally issued to them. PUBLIC HEARINGS – 6:00 P.M. 7. (a)CONSIDERATION FOR APPROVAL OF FRANCHISE AGREEMENT RENEWAL WITH LAS PALMAS MEXICAN RESTAURANT FOR THE PURPOSE OF PERMITTING A SIDEWALK CAFÉ (SECOND READING AND ADOPTION OF ORDINANCE NO. 11-0669) Mayor Cook noted that the additional language has been added to the ordinance requiring a payment of $25.00 per year for five years and allowing no liquor in the sidewalk café area. Motion by Arndt, second by Yost, to close public hearing. 2 CITY COUNCIL MINUTES –JUNE 14, 2011 Motion by Arndt, second by Christensen, to approve franchise agreement renewal with Las Palmas Mexican restaurant for the purpose of permitting a sidewalk café, adopting Ordinance No. 11-0669. Motion carried unanimously. (b)CONSIDERATION OF ISSUING ON-SALE INTOXICATING AND SUNDAY LIQUOR LICENSE TO JUAN PEREZ DBA LAS PALMAS RESTAURANT Marc Sebora, City Attorney, presented before the Council. Mr. Sebora noted that the liquor license had lapsed from the last license period, hence the reason for a new license to be issued this evening. Brian Wright, 536 Franklin Street SW, presented before the Council. Mr. Wright voiced his support of the restaurant obtaining a liquor license. Motion by Arndt, second by Czmowski, to close public hearing. Motion carried unanimously. See Item 10(a) for action. (c)ASSESSMENT HEARING AND PROJECT AWARD FOR SCHOOL ROAD NW IMPROVEMENTS PROJECT (LETTING NO. 1, PROJECT NO. 11-01) Kent Exner, City Engineer, presented before the Council. Mr. Exner provided an overview of the project scope, bids and associated special assessments for the School Road project. Wm. Mueller & Sons was the apparent low bidder on the project.The looming potential State shutdown will include all federal projects, which could affect this project. The City can still award the project and wait to see what happens with the State. Bob Schmidt, 450 School Road NW, presented before the Council. Mr. Schmidt asked that since the bid exceeded the engineer’s estimate is there enough funding in the contingency fund to cover additional assessments. Mr. Exner noted that the assessments will not increase from what the residents were notified of. The City’s portion of the assessments will increase if necessary. Motion by Arndt, second by Czmowski, to close public hearing. Motion carried unanimously. Motion by Arndt, second by Christensen, to award project for School Road NW improvements, Letting No. 1, Project No. 11-01 contingent upon negotiating the completion date with the contractor. Motion carried unanimously. Mayor Cook noted that the boulevard grass soil will be amended so that the grass will grow in better condition. (d)ASSESSMENT HEARING AND PROJECT AWARD FOR INDUSTRIAL BOULEVARD SE RECONSTRUCTION & ENERGY PARK BITUMINOUS WEAR COURSE PLACEMENT PROJECTS (LETTING NO. 2, PROJECT NO. 11-02 & 11-03) Kent Exner, City Engineer, presented before the Council. Mr. Exner provided an overview of the project scope, bids and associated special assessments for the Industrial Boulevard SE reconstruction and Energy Park bituminous wear course placement projects. Mr. Exner noted that the low bidder on the project was submitted by Knife River which came in lower than the engineer’s estimate. Motion by Arndt, second by Yost, to close public hearing. Motion carried unanimously. Motion by Arndt, second by Czmowski, to award project for Industrial Boulevard SE reconstruction and Energy Park bituminous wear course replacement projects, Letting No. 2, Project No. 11-02 & 11-03. Motion carried unanimously. (e)PUBLIC HEARINGS FOR 2011 PAVEMENT MANAGEMENT PROGRAM PHASE 2 PROJECT (LETTING NO. 4, PROJECT NO. 11-05) 3 CITY COUNCIL MINUTES –JUNE 14, 2011 Kent Exner, City Engineer, presented before the Council. This project includes roadway rehabilitation/reconstruction and utility infrastructure installations by construction of storm sewer, drain tile, surface reclamation/removal, grading, aggregate base, select granular borrow, concrete curb and gutter, bituminous base, bituminous surfacing, restoration and appurtenances on sections of Roberts Street SW, Jackson Street SW, Bradford Street SE and Linden Avenue SW/Sunset Street SW intersection. The total project is estimated at $473,000. The City will pay for street rehabilitation, partial street reconstruction, full street reconstruction, mill & overlay and alley reconstruction. The property owner pays for 50% of street improvements and 100% of water/sanitary sewer services. The project is proposed to begin the end of August. Tiffany Haag, 615 Roberts Street, presented before the Council. Ms. Haag has concerns with the improvements on Roberts Street and the high traffic volume. Ms. Haag inquired as to the cutoff of the assessed properties. Ms. Haag suggested having all residents on Roberts Street be assessed due to the majority, if not all, of the residents using the roadway. Duane Ingebretson, 630 Roberts Road, presented before the Council. Mr. Ingebretson has concerns with the high use of the roadway and all residents having to pay their fair share. Mr. Ingebretson feels the adjacent property owners are being over-assessed for a heavily-used main roadway. Mayor Cook noted that the City is paying 75% of the cost of the project with 25% being assessed to the property owners. Mayor Cook also noted that to be consistent with the policy, the City has to assess in the same method as with all projects. Kent Exner noted that no assessments have been assessed on these properties within the last 20 years. Mr. Ingebretson asked if when Roberts Road was initially built was it considered a low maintenance roadway or high maintenance roadway. Mr. Exner agreed that the current use is more of a collector street than it used to be. Mr. Exner reviewed the “fair share” assessment method. Tiffany Haag asked the importance of the project for this year. Mr. Exner noted that a patch job could only last one year. After improvements, the longevity or life of the project is 10-20 years, and more than likely closer to 20 years. Motion by Arndt, second by Cook, to close public hearing. Motion carried unanimously. Motion by Arndt, second by Czmowski, to approve 2011 Pavement Management Program Phase 2 Project, Letting No. 4, Project No. 11-05. 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) UNFINISHED BUSINESS 9. NEW BUSINESS 10. (a)DISCUSSION OF LAS PALMAS LIQUOR LICENSE VIOLATION Marc Sebora, City Attorney, presented before the Council. Mr. Sebora noted that a liquor license violation occurred last June during a compliance check conducted by the Hutchinson Police Department. The Council discussed potential penalties that would be consistent with other liquor violations. Mayor Cook suggested imposing a $400 fine, purchase of an age-identification device, conduct annual training within 30 days and have a background investigation completed on the applicant. In addition, the license fee will be prorated. Motion by Arndt, second by Christensen, to impose the following penalties on Juan Perez, dba Las Palmas Mexican Restaurant, liquor license: imposing a $400 fine, purchase an age-identification device, conduct annual training within 30 days and have a background investigation completed on the applicant and approving the intoxicating and Sunday liquor license for Juan Perez of Las Palmas Mexican Restaurant. Motion carried unanimously. Juan Perez, Jr. asked when they can begin selling liquor.It was concurred that once the fine is paid they can begin selling immediately. 4 CITY COUNCIL MINUTES –JUNE 14, 2011 (b)CONSIDERATION FOR APPROVAL OF AIRPORT PROJECT ITEMS -PROFESSIONAL SERVICES AGREEMENT WITH TKDA -ADVERTISEMENT FOR BIDS FOR LETTING NO. 8, PROJECT NO. 11-09 John Olson, Public Works Manager, presented before the Council. Mr. Olson explained that the proposed project is to repair cracks in the runway/taxiway at the municipal airport using a spray injection patching method. Since this is considered a maintenance project it is eligible under the Federal Aviation Administration’s Airport Improvement Project which provides for 95% of the funding, with a 5% match by the City. Therefore, the total project funding of the City is $6,000.00. TKDA would maintain the project formulation/preliminary design, design the crack repair project, provide construction phase services and conduct the post-construction/reporting phase. Motion by Arndt, second by Cook, to approve professional services agreement with TKDA and approval of advertisement for bids for Letting No. 8, Project No. 11-09 contingent on receiving FAA funding. Motion carried unanimously. (c)CONSIDERATION FOR APPROVAL OF SETTING PUBLIC MEETING FOR JUNE 20, 2011, AT 9:00 A.M. AT EMERGENCY OPERATIONS CENTER FOR EMERGENCY PREPAREDNESS TRAINING Motion by Czmowski, second by Yost, to set public meeting for June 20, 2011, at 9:00 a.m. at Emergency Operations Center for emergency preparedness training. Motion carried unanimously. (d)CONSIDERATION FOR APPROVAL OF SETTING CITY COUNCIL WORKSHOPS -DISCUSSION WITH PUBLIC ARTS COMMISSION FOR JUNE 28, 2011, AT 4:00 P.M. -GENERAL FUND BUDGET WORKSHOP FOR JULY 12, 2011, AT 4:00 P.M. -REVIEW OF 2010 FINANCIAL AUDIT FOR JULY 26, 2011, AT 4:00 P.M. Motion by Yost, second by Czmowski, to approve setting City Council workshop as noted above. Motion carried unanimously. (e)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 Christensen, second by Arndt, to convene into closed session at 7:27 p.m. Motion carried unanimously. Those present at the closed session were: Historic Hutchinson representatives: Robin Kashuba, Shirley Wurdell, Kay Voigt, Butch Pendergast; City Council Members: Mayor Steve Cook, Bill Arndt, Mary Christensen, Eric Yost, Chad Czmowski; Others: Real Estate Representative Jim Fahey, PRCE Director Dolf Moon, City Attorney Marc Sebora, City Administrator Jeremy Carter, City Engineer Kent Exner, and Recording Secretary Melissa Starke. Motion by Arndt, second by Christensen, to reconvene into open session at 8:27 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) FIRE DEPARTMENT MONTHLY REPORT FOR MAY 2011 (b)LIBRARY BOARD MINUTES FROM MARCH 28, 2011 (c)PARKS, RECREATION, COMMUNITY EDUCATION BOARD MINUTES FROM APRIL 4, 2011 (d)WEED NOTICE MONTHLY REPORT FOR MAY 2011 No action required. 5 CITY COUNCIL MINUTES –JUNE 14, 2011 MISCELLANEOUS 12. Mary Christensen – Council Member Christensen asked about the fountain in the river. Kent Exner, City Engineer, noted that the fountain is not operating due to either the motor pump or the motor itself. The motor manufacturer will be out to do an analysis with the fountain in the river. Council Member Christensen also asked about tree clean up in the banks/dam of the river. Kent Exner noted that the water level needs to be lessened and then some clean up can be done. However, discussion needs to be held as to the level and amount of clean up. Staff will draft a policy with input from the DNR. Bill Arndt – Council Member Arndt noted that the American Legion and VFW have an annual tradition to burn unusable flags. They typically do that outside city limits, however their request is to do so in the VFW or American Legion parking lot. They want this done in a proper way. Marc Sebora, City Attorney, will revise City ordinance to allow this. Council Member Arndt also noted that the City should write a strong-opinioned letter to the Governor and State legislature on the potential state shutdown and the costs associated with this. The letter will be from all the Council Members. Council Member Arndt, on behalf of the VFW and American Legion, thanked Chief Dan Hatten and the police department in their assistance with the Memorial Day Parade and ceremony. Kent Exner – Mr. Exner commended John Olson and Elvis Voigt from McLeod County who both put together a grant application to receive funds for a sealcoating product that is bio-based. A $5800 grant was received to purchase the product and apply it on the Century Avenue trail and on the Fairgrounds property. Mayor Cook – Mayor Cook noted that bonding requests for the Luce Line Trail must be submitted by the end of the month. The Council concurred to support Luce Line Trail improvements ADJOURN 13. Motion by Arndt, second by Christensen, to adjourn at 8:27 p.m. Motion carried unanimously. ATTEST: Steven W. Cook Jeremy J. Carter Mayor City Administrator 6