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07-12-2011 CCMMINUTES REGULAR MEETING – HUTCHINSON CITY COUNCIL TUESDAY, JULY 12, 2011 CALL TO ORDER – 5:30 P.M. 1. Mayor Steve Cook called the meeting to order. Members present were Mary Christensen, Bill Arndt, Chad Czmowski and Eric Yost. Others present were Jeremy Carter, City Administrator and Marc Sebora, City Attorney INVOCATION 2. – Father Gerald Meidl, St. Anastasia Catholic Church, delivered the invocation. PLEDGE OF ALLEGIANCE 3. PUBLIC COMMENTS 4. MINUTES 5. (a)REGULARMEETING OF JUNE 28, 2011 Motion by Arndt, 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. 13896 - RESOLUTION IN SUPPORT OF LUCE LINE STATE TRAIL 2.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 (SECOND READING AND ADOPTION) 3.ORDINANCE NO. 11-0671 – AN ORDINANCE AMENDING ZONING ORDINANCE CHAPTER 154, DEFINITIONS; SECTION 154.004, SEXUALLY ORIENTED BUSINESSES (1)(a)(b)(c) and 3(a)(b) WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (SECOND READING AND ADOPTION) 4.ORDINANCE NO. 11-0672 – AN ORDINANCE AMENDING ZONING ORDINANCE CHAPTER 154; SECTION 154.167, VARIANCES WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (SECOND READING AND ADOPTION) (b)CONSIDERATION FOR APPROVAL OF ISSUING SHORT-TERM GAMBLING LICENSE FOR HUTCHINSON FIRE RELIEF ASSOCIATION ON SEPTEMBER 10, 2011, AT HUTCHINSON FIRE STATION (c)CONSIDERATION FOR APPROVAL OF ISSUING TEMPORARY LIQUOR LICENSE TO HUTCHINSON HOCKEY ASSOCIATION ON OCTOBER 8, 2011, AT HUTCHINSON CIVIC ARENA (d)CONSIDERATION FOR APPROVAL OF ISSUING TRANSIENT MERCHANT LICENSE TO KEITH HEIKES OF FACTORY DIRECT FURNITURE FROM JULY 28, 2011 – AUGUST 8, 2011, CITY COUNCIL MINUTES –JULY 12, 2011 IN HUTCHINSON MALL PARKING LOT TH (e)CONSIDERATION FOR APPROVAL OF 37 ANNUAL ARTS & CRAFTS FESTIVAL AND TASTE OF HUTCHINSON TO BE HELD SEPTEMBER 16 & 17, 2011, IN LIBRARY SQUARE (f)CONSIDERATION FOR APPROVAL OF ITEMS FOR PLAZA 15 PARKING LOT IMPROVEMENTS PROJECT (LETTING NO. 5, PROJECT NO. 11-06) (g)CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS Items 6(d) and 6(f) 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(d) had further discussion. Council Member Christensen clarified that this sale would not overlap with the Jay Malone sale that will be happening later in August. Mayor Cook clarified that the Runnings parking area is separate from the mall parking area. In addition, Runnings’ garden center sale is continuous and the mall’s events are sporadic. Motion by Christensen, second by Yost, to approve Item 6(d). Motion carried unanimously. Item 6(f) had further discussion. Council Member Yost asked that Kent Exner, City Engineer, review the Improvements being made in the Plaza 15 parking lot. Mr. Exner explained that these improvements are being made in the southeasterly corner and the east side of the building and Echo Drive, as well as on the north side of the building to the old Runnings parking lot area. The access point to the frontage road is being improved. Two-thirds of the project will be assessed to Hutchinson Area Health Care. An assessment hearing is being scheduled for August 9, 2011, however staff is working with Hutchinson Area Health Care to potentially waive the hearing and accept the assessments without holding the hearing. Motion by Yost, second by Czmowski, to approve Item 6(f). 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 STORM TREE DAMAGES AND CLEAN UP ACTIVITIES John Olson, Public Works Manager, presented before the Council. Mr. Olson reviewed the storm recovery efforts made since July 1, 2011, which resulted in significant damage in the city. On the night of the storm, staff removed tree debris, large limbs/trees and smaller branches from roadways within four hours of the initial call of the damage. Last week, three separate crews were established. One hauled large debris piles, one chipped brush and one performed pruning. High-risk trees were addressed and one pass through the th north side of Hwy 7 was completed. The area north of Hwy 7 was finished on July 7. By the end of the week, areas east of Main Street South had one pass for large debris completed and the chipping crew was up to about Adams Street SE. This week the crews are continuing to work east to west, south of Hwy 7. A th contractor may be hired to help supplement the City’s chipping crew. By July 14, the whole city should be completed with a first pass for both large debris and chipping. Crews will continue to clear broken limbs from boulevard trees. The City’s chipping crew will backtrack as necessary to address specific areas. July th 15 has been set as the deadline for private parties to place brush in the boulevard and after that date brush will no longer be picked up. Next week crews will continue to clear broken limbs and address issues identified in previous weeks. An inventory of tree work necessary to save and/or remove trees will begin to be compiled for a potential tree removal/pruning contract. Final areas where brush removal is necessary will be completed. 2 CITY COUNCIL MINUTES –JULY 12, 2011 UNFINISHED BUSINESS 9. ND (a)CONSIDERATION FOR APPROVAL OF PURCHASING PROPERTY LOCATED AT 105 2 AVENUE SE Mayor Steve Cook reviewed that this item for consideration is to purchase the property near the City Center that currently holds a historical church. The Council has been discussing this item for approximately one year. The proposal is to purchase the property for $35,000, which is less than what the land value is assessed at. Historic Hutchinson will be a partner with this project. Jim Fahey, Historic Hutchinson, presented before the Council. Mr. Fahey explained that Gus and Elizabeth Wurdell approached his agency in reference to a transaction involving this property. The proposal is to sell the church property to the City for $35,000 and in turn the City would convey property to the Wurdells near Montana Street by the old New Dimensions Plating property which the Wurdells own. A $500 commission will be paid to the Edina Realty agency as part of this transaction. A letter of understanding with Historic Hutchinson is being drafted to address maintenance and improvement issues. The understanding will be modeled after the arrangement the City has with Historic Hutchinson on the Harrington Merrill House. Mr. Exner reviewed the property that will be conveyed to the Wurdells that is part of this transaction. Marc Sebora, City Attorney, noted that an ordinance will be forthcoming to the Council for the conveyance as required by the City Charter. nd Motion by Arndt, second by Yost, to approve purchasing property located at 105 2 Avenue SE, with Christensen abstaining. Roll call vote was taken: Arndt – aye; Cook – aye; Yost – aye; Czmowski – nay; Christensen – abstained. Motion carried 3 to 1. NEW BUSINESS 10. (a)CONSIDERATION FOR APPROVAL OF REVISED CEMETERY ORNAMENTATION REGULATIONS Marc Sebora, City Attorney, noted that at the last Council meeting John Olson provided a presentation on revising Chapter 94 in reference to Lot Decorations at the Oakland Cemetery. The language has been put into ordinance format. Motion by Czmowski, second by Arndt, to waive first reading and set second reading and adoption of Ordinance No. 11-0673 for July 26, 2011, revising cemetery ornamentation regulations. Motion carried unanimously. (b)DEMONSTRATION OF EVERBRIDGE EMERGENCY NOTIFICATION SYSTEM AND CONSIDERATION FOR APPROVAL OF EMERGENCY NOTIFICATION POLICY Tom Kloss, Information Technology Director, presented before the Council. Mr. Kloss explained that in 2009, the City opened an account with Nixel to provide citizen notification for snow emergency parking and mosquito spraying. In 2010, the City was notified that Nixel would no longer be available and therefore in May 2011, the city entered into a contract with Everbridge Inc. to provide a citizen notification system for the City of Hutchinson. The new system includes two separate and distinct tools. One component of the system can be used for staff communication while the other is set up for communication to the general public. Mr. Kloss reviewed how citizens register to be notified of messages from the system. The system is intended to go live as of 8:30 a.m. on July 13, 2011. Mayor Cook asked if the Council could be added to the last paragraph of the policy. Staff noted that communication would be given to the City Administrator and the City Administrator would then pass information on to the Council. Motion by Czmowski, second by Cook, to approve emergency notification policy. It was noted that Public Works staff will have authority to issue City Service Interruptions notifications. Motion carried unanimously. (c)CONSIDERATION FOR APPROVAL OF SETTING DATE FOR CITY ADMINISTRATOR SIX- MONTH PERFORMANCE REVIEW 3 CITY COUNCIL MINUTES –JULY 12, 2011 Mayor Cook noted that he had spoken with Jeremy Carter and it was suggested to hold a six-month review since he is in his first year as the City Administrator. Motion by Czmowski, second by Christensen, to approve setting August 23, 2011, at 4:00 p.m. for six month performance review of City Administrator. 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, ZONING, AND BUILDING DEPARTMENT MONTHLY REPORT FOR JUNE 2011 (b)FIRE DEPARTMENT MONTHLY REPORT FOR JUNE 2011 (c)LIQUOR HUTCH FINANCIAL QUARTERLY REPORT FOR APRIL – JUNE 2011 (d)WEED NOTICES MONTHLY REPORT FOR JUNE 2011 MISCELLANEOUS 12. (a)CONSIDERATION OF RESOLUTION NO. 13899 Marc Sebora, City Attorney, explained that the City of Hutchinson is part of a condominium agreement with Erickson’s Diversified for the Liquor Hutch property which is in a building attached to EconoFoods, owned by Erickson’s Diversified. As part of that, Erickson’s Diversified is requesting that a representative from the City of Hutchinson be part of the Erickson’s Downtown Redevelopment Condominium Association. Mr. Sebora is recommending that Jeremy Carter, City Administrator, be that representative and he requested that the Council approve Resolution No. 13899 stating such. Motion by Czmowski, second by Christensen, to approve Resolution No. 13899. Motion carried unanimously. Mayor Cook mentioned, with the state shutdown, liquor licenses may be affected. Melissa Starke, Executive Assistant/Paralegal, noted that she had spoken with a representative from the League of Minnesota Cities on this topic. Ms. Starke explained that if the state is still shutdown during the time an organization wishes to hold an event with a temporary liquor license, the City can issue the applicant a short-term 3.2 malt liquor license since that is issued solely by the City and requires no approval from the state. Ms. Starke also mentioned that for organizations who wish to hold a short-term gambling event, a license is required both from the city and the state. If the state is still in shutdown mode, the organization is at risk for holding a gambling event due to the state not issuing licenses during the shutdown. Motion by Christensen, second by Arndt, to set July 19, 2011, at 11:30 a.m. to schedule shovel-ready designation meeting. This is a program through the Minnesota Department of Employment and Economic Development. Motion carried unanimously. Eric Yost – Council Member Yost asked Mr. Exner for an update on the School Road project and the cutouts around the utility areas on the roadway. Mr. Exner noted that the City processed a letter requesting to delay the entire project until 2012, however it doesn’t mean that the City has to delay the project. If the shutdown would open, the contractor could complete some of the work yet this year. The contractor will review the schedule and provide input to the City as to what might be workable. The utility areas are outside the driving lane and will be left as is. Jeremy Carter – Mr. Carter thanked staff for all of their hard work on storm recovery efforts. Mr. Carter also reminded the Council of the workshop scheduled prior to the next Council meeting to review the 2010 audit. th Kent Exner – Mr. Exner mentioned that a Hwy 15 Coalition Membership meeting is scheduled for July 27 at 2:00 p.m. at the City Center. 4 CITY COUNCIL MINUTES –JULY 12, 2011 Motion by Arndt, second by Czmowski, to set July 27, 2011, at 2:00 p.m. as a public meeting for the Hwy 15 Coalition meeting. Motion carried unanimously. Mr. Exner noted that this meeting may not occur if the state is still shut down. Mr. Exner also reviewed renewable energy projects that have been discussed. Proposals for suitability will be going out, which ultimately means that a third party will review and analyze sites, review wind/solar th applications and prepare a final document. The Resource Allocation Committee is meeting July 14 and the proposals will be reviewed at that time. ADJOURN 13. Motion by Arndt, second by Christensen, to adjourn at 7:05 p.m. Mayor Cook provided his comments on the disappointment of the state shutdown, which effects the City and private industry. Motion carried unanimously. 5