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06-28-2011 CCMMINUTES REGULAR MEETING – HUTCHINSON CITY COUNCIL TUESDAY, JUNE 28, 2011 CALL TO ORDER – 5:30 P.M. 1. Mayor Steve Cook called the meeting to order. Members present were Mary Christensen, Bill Arndt and Chad Czmowski. Member absent was Eric Yost. Others present were Jeremy Carter, City Administrator and Marc Sebora, City Attorney 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 JUNE 14, 2011 Mayor Cook noted that the action item under Item 6(a)3 needed to be changed. The motion indicates that Item 6(a)2 was approved and that should be changed to reflect that Item 6(a)3 was approved. Motion by Christensen, second by Cook, to approve the minutes with the revision noted above. 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. 11-0670 – AN ORDINANCE AMENDING SECTIONS 92.60 AND 92.62 OF THE HUTCHINSON CITY CODE ALLOWING FOR FLAG RETIREMENT SERVICE AND CEREMONY (WAIVE FIRST READING AND SET SECOND READING AND ADOPTION FOR JULY 12, 2011) (b)PLANNING COMMISSION ITEMS 1.CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY SCOTT BAKEBERG, VILLAGE RANCH INC., COKATO, MINNESOTA, TO ALLOW A TEN BED RESIDENTIAL BOYS GROUP HOME LOCATED AT 851 DALE STREET SW WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION NO. 13895) 2.CONSIDERATION OF AN AMENDMENT TO THE ZONING ORDINANCE CHAPTER 154, DEFINITIONS; SECTION 154.004, SEXUALLY ORIENTED BUSINESSES (1)(a)(b)(c) and 3(a)(b) WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (WAIVE FIRST READING AND SET SECOND READING AND ADOPTION OF ORDINANCE NO. 11- 0671 FOR JULY 12, 2011) 3.CONSIDERATION OF AN AMENDMENT TO THE ZONING ORDINANCE CHAPTER 154; SECTION 154.167, VARIANCES WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (WAIVE FIRST READING AND SET SECOND READING AND ADOPTION OF ORDINANCE NO. 11-0672 FOR JULY 12, 2011) (c)CONSIDERATION FOR APPROVAL OF ISSUING SHORT-TERM 3.2 MALT LIQUOR LICENSE TO MCLEOD COUNTY AGRICULTURE ASSOCIATION FROM AUGUST 17 – 21, 2011, FOR CITY COUNCIL MINUTES –JUNE 28, 2011 MCLEOD COUNTY FAIR (d)CONSIDERATION FOR APPROVAL OF ISSUING TEMPORARY LIQUOR LICENSE TO ST. ANASTASIA CATHOLIC CHURCH ON SEPTEMBER 10 & 11, 2011 (e)CONSIDERATION FOR APPROVAL OF ISSUING SHORT-TERM GAMBLING LICENSE TO ST. ANASTASIA CATHOLIC CHURCH ON SEPTEMBER 11, 2011 (f)CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS Motion by Czmowski, second by Arndt, to approve consent 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) (a) DISCUSSION OF STATUS OF SCHOOL ROAD NW IMPROVEMENTS PROJECT (LETTING NO. 1, PROJECT NO. 11-01) Kent Exner, City Engineer, presented before the Council. Mr. Exner noted that discussions have been held with Mn/DOT in reference to the School Road project. Mr. Exner noted that he has written a letter to Mn/DOT requesting that the project be put on hold in the event the state has a shutdown due to budget issues. The City is requesting to postpone the project until June 2012 with the understanding that the City will be allocated the full $920,000 of dedicated federal aid funding. Reasons to support the request include that the project has not begun yet, sampling and testing would be difficult during a shutdown, starting the project after July 1 would move out the completion date which hampers the school/bus traffic and the City is not willing to jeopardize the federal aid funding by proceeding with the project during a shutdown. Mr. Exner spoke of other projects that need to be completed between now and the Fall as well and some staffing issues that the department is seeing. Jeremy Carter, City Administrator, noted that bonding for the project will be pulled out of next year’s bond funds. Motion by Arndt, second by Christensen, to suspend the School Road project to June 2012 if the State has a government shutdown effective July 1, 2011. Motion carried unanimously. (b) DISCUSSION OF CEMETERY ORNAMENTATION REGULATIONS John Olson, Public Works Manager, presented before the Council. Mr. Olson explained that the cemetery currently regulates decorations on cemetery lots. Mr. Olson reported that a trend has occurred whereby cemetery lots are decorated with unique objects. Staff is recommending that unique decorations be wholly within a permitted flower pot or flower box that fits securely over the headstone of above-ground monuments. These pots and boxes would be purchased from the cemetery. Decorations would not be allowed to hang out or over the container or be placed on the ground. Staff is also recommending that no decorations be allowed if its design includes glass, light or noise elements or a mobile decoration. Revisions will be made to Section 94.40 of the City Code to include these regulations and proposed to the Council in the future. (c) DISCUSSION OF TH 15 WATER MAIN LINING PROJECT (LETTING NO. 6, PROJECT NO. 11-09) Kent Exner, City Engineer, presented before the Council. Mr. Exner explained that Mn/DOT sent a letter to staff in reference to this project. Because the City has a work permit with the State associated with this project, all work must be suspended by July 1, 2011, if a State government shutdown does occur. This delay may result in substantial re-mobilization and delay claims from the project contractor. City staff will submit a letter to Mn/DOT requesting that this work be allowed to proceed as planned and permitted. Motion by Arndt, second by Czmowski, to authorize staff to submit letter to Mn/DOT requesting that this project proceed. Motion carried unanimously. UNFINISHED BUSINESS 9. 2 CITY COUNCIL MINUTES –JUNE 28, 2011 NEW BUSINESS 10. (a)CONSIDERATION OF SUPPORT FOR RIVERSONG FESTIVAL John Rodeberg, Riversong Festival representative, presented before the Council. Mr. Rodeberg explained that this is the third year of the Riversong Music Festival. The festival is asking that the City continue to support the festival as it has the first two years, such as providing dust control and spraying for mosquitos, striping the parking area, providing portable light towers, preparing and helping in cleaning up the site and providing gators and other equipment. Also, the Festival would like to construct a permanent stage in coordination with the City. RiverSong is proposing to pay for all materials and for the primary carpenters and will be coordinating with City staff to construct the piers and prepare the site. Volunteers will help complete the construction of the stage. Bill Arndt has agreed to donate beams from the old railroad trestle near ShopKo. The stage will be municipally-owned that will benefit the entire community for any event. Mayor Cook expressed that the proposed stage does not appear to be intrusive to the park but more of an enabler for other activities. Mayor Cook requested that if improvements are planned for the stage in the future, that the Council be brought into the discussion early on. Mayor Cook also noted that RiverSong should help with future maintenance of the stage. Marc Sebora, City Attorney, spoke about the donations that will need to be recognized. Motion by Christensen, second by Czmowski, to approve support of RiverSong music festival including the construction of the stage. Motion carried unanimously. ND (b)CONSIDERATION FOR APPROVAL OF PURCHASING PROPERTY LOCATED AT 105 2 AVENUE SE Mayor Cook noted that Council Member Christensen will be abstaining from voting on this item due to her association with Historic Hutchinson. In addition, due to the absence of Council Member Yost, Mayor Cook is suggesting to table this item to the next Council meeting. Marc Sebora explained that the proposal before the Council is to have the City purchase the property in the amount of $35,000 from Gus Wurdell. In addition, the City will convey property near New Dimension Plating to Mr. Wurdell. Mayor Cook noted that the arrangement with Historic Hutchinson will be similar to that of the Harrington Merrill House in that Historic Hutchinson will raise funds for the restoration of the property. Mayor Cook also noted that discussion has been held with a potential tenant who would pay for ongoing utility costs. Motion by Arndt, second by Cook, to table this item to July 12, 2011. Motion carried unanimously. (c)CONSIDERATION FOR APPROVAL OF COOPERATIVE AGREEMENT FOR BRIDGE REPLACEMENT ON COUNTY STATE AID HIGHWAY 115 (SOUTH GRADE ROAD) AND JURISDICTIONAL TRANSFER OF STREETS/HIGHWAY IN HUTCHINSON, MINNESOTA Kent Exner, City Engineer, presented before the Council. Mr. Exner explained that staff has received an agreement from the McLeod County Highway Department allowing for the transfer of a segment of South Grade Road (School Road SW to Underwood Drive) which includes a bridge in the City’s jurisdiction. Also to be addressed is the transfer of a segment of Bluff Street NE (TH 7/22 to Washington Avenue) which includes a bridge in the County’s jurisdiction. Since this would be a county turnback, the City will obtain state aid mileage which would include state aid funding. Mr. Exner reviewed the cooperative agreement details with the Council. Motion by Arndt, second by Czmowski, to approve cooperative agreement with McLeod County. 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 JUNE 7, 2011 3 CITY COUNCIL MINUTES –JUNE 28, 2011 (b)PLANNING, ZONING, BUILDING DEPARTMENT MONTHLY REPORT FOR MAY 2011 (c)PLANNING COMMISSION MINUTES FROM MAY 17, 2011 Discussion was held regarding a 5-lot development that was approved by the Joint Planning Commission west of Golf Course Road. MISCELLANEOUS 12. Jan Brown, 445 Hassan Street, asked if the River Horse project was addressed this evening. Mayor Cook explained that a workshop was held prior to the Council meeting. No decision was made on the project, however the Public Arts Commission will be holding a public forum on public arts in general. A decision on the River Horse project will be decided at a later date by the City Council. Ms. Brown voiced her opposition to the River Horse project. Ms. Brown asked questions as to how Girl Scout Park was selected as the site. Mayor Cook answered some questions on behalf of the Public Arts Commission. Mary Ellen Felix, 435 Hassan Street, presented before the Council. Ms. Felix voiced her opposition to the River Horse project and the location being considered. Bill Arndt – Council Member Arndt noted that at the Hutchinson Safety Council meeting held earlier a th couple of requests came forward that he would like to pass on. The residents on 8 Avenue intersecting School Road would like a crosswalk. A “No UTurn” sign was requested at the intersection of Freemont/Hwy 15 South. Jeremy Carter – 400 Lynn Road update – a hazard review has been completed and asbestos should be removed in July/August. The house is schedule to be demolished in August. th Citizen notification system of Everbridge is ready to go live July 13 after a policy approval by the City th Council at the July 12 meeting. st Kent Exner – mosquito control will be conducted on Friday, July 1, due to the holiday on Monday, July thth 4. Kouwe/Water/James Street project will begin after the July 4 holiday. Mayor Cook – McLeod County put in bonding request for Luce Line Trail for 2012. A Resolution of Support will be placed on the next Council agenda for the Council to consider. Local sales tax is part of a larger bill that is being moved through. A news conference is being held tomorrow at 2:30 p.m. at City Center on local government aid. Mayor Cook noted that the $35,000 purchase price being considered for nd 105 2 Avenue SW is less than what the property is valued at. ADJOURN 13. Motion by Arndt, second by Christensen, to adjourn at 7:20 p.m. Motion carried unanimously. ATTEST: Steven W. Cook Jeremy J. Carter Mayor City Administrator 4