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03-27-2012 CCMMINUTES REGULAR MEETING — HUTCHINSON CITY COUNCIL TUESDAY, MARCH 27, 2012 1. CALL TO ORDER — 5:30 P.M. 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, Kent Exner, City Engineer, and Marc Sebora, City Attorney. 2. INVOCATION — Dr. Lee Allison, Riverside Assembly of God, delivered the invocation. 3. PLEDGE OF ALLEGIANCE 4. RECOGNITION OF GIFTS, DONATIONS AND COMMUNITY SERVICE TO THE CITY 5. PUBLIC COMMENTS 6. MINUTES (a) REGULAR MEETING OF MARCH 13, 2012 Motion by Czmowski, second by Christensen, to approve the minutes as presented. Motion carried unanimously. 7. CONSENT AGENDA (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. 13982 - RESOLUTION APPROVING AN AMENDED REDEVELOPMENT AGREEMENT BETWEEN THE CITY OF HUTCHINSON AND EARTHLY DELIGHTS, LTD. 2. ORDINANCE NO. 12 -0686 - AN ORDINANCE OF THE CITY OF HUTCHINSON, MINNESOTA, REESTABLISHING THE BOUNDARIES OF ELECTION PRECINCTS (SECOND READING AND ADOPTION) (b) PLANNING COMMISSION ITEMS CONSIDERATION FOR APPROVAL OF ONE -LOT PRELIMINARY AND FINAL PLAT OF DEPOT MARKETPLACE SUBMITTED BY MILES SEPPELT, HUTCHINSON ECONOMIC DEVELOPMENT AUTHORITY WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT FINDINGS OF FACT RESOLUTION NO. 13970 AND RESOLUTION NO. 13971) 2. CONSIDERATION FOR APPROVAL OF A VACATION OF ALLEY LOCATED IN THE DEPOT MARKETPLACE PLAT REQUESTED BY MILES SEPPELT, HUTCHINSON ECONOMIC DEVELOPMENT AUTHORITY WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT FINDINGS OF FACT RESOLUTION NO. 13972 AND RESOLUTION NO. 13973) (c) CONSIDERATION FOR APPROVAL OF 2012 -2013 LIQUOR LICENSE RENEWALS (d) CONSIDERATION FOR APPROVAL OF ISSUING SHORT -TERM GAMBLING LICENSE TO CITY COUNCIL MINUTES MARCH 27, 2012 MINNESOTA GOOD SAMS CLUB ON MAY 27, 2012 (e) CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS Item 7(c) was pulled for separate discussion. Motion by Arndt, second by Czmowski, to approve consent agenda with the exception of Item 7(c). Motion carried unanimously. Item 7(c) had further discussion. Mayor Cook noted that at the last Council meeting, a public hearing was held regarding a proposed patio by Zella's and its relation to Zella's liquor license renewal. Marc Sebora, City Attorney, explained that the City Council has the authority to include any conditions on the liquor license as it deems fit pertaining to the patio. The smoking ordinance will apply to the patio area because it will be staffed by Zella's employees. In addition, other conditions could include: 1.) outdoor service to be contained to the contiguous area as described at the public hearing; 2.) no smoking in the outdoor area as described at the public hearing; 3.) the patio are is to be surrounded by a fence or other similar structure and entrance and exiting to be controlled by means of the gate; 4.) patio to be staffed when open and gate locked when patio not in operation; 5.) the patio area is to be set back from the alleyway behind the building to allow persons to safely leave the patio area before entering the alleyway — setback area shall be determined by city staff, 6.) the licensee is to abide by all city liquor, noise and nuisance ordinances. Council Member Christensen asked if appropriate lighting is part of the plan. Motion by Arndt, second by Christensen, to accept conditions proposed and renew Zella's LLC liquor license. Motion carried unanimously. 8. PUBLIC HEARINGS — 6:00 P.M. (a) CONSIDERATION FOR APPROVAL OF ISSUING WINE /STRONG BEER LICENSE TO PROFUNDUM, INC. DBA KRAZY IVANS LOCATED AT 101 PARK PLACE Marc Sebora, City Attorney, presented before the Council. Mr. Sebora explained that the applicant has applied for a wine /strong beer license to be part of a restaurant that is planned to be opened at 101 Park Place. Craig Hagen, Profundum, Inc., presented before the Council. Mr. Hagen noted that the proposed opening date is April 10, 2012. Mr. Hagen explained that barbeque will be the theme of the restaurant (i.e. ribs, brisket, pork, etc.). In addition, a wood grill has been purchased and will be used for burgers and sandwiches. Additionally, Minnesota - brewed beer will be the main beer offerings. Motion by Arndt, second by Czmowski, to close public hearing. Motion carried unanimously. Motion by Czmowski, second by Christensen, to approve issuing wine /strong beet license to Profundum, Inc. dba Krazy Ivans located at 101 Park Place. Motion carried unanimously. (b) 2012 PAVEMENT MANAGEMENT PROGRAM PHASE 1 PROJECT — LETTING NO. 3, PROJECT NO. 12 -04 (CONSIDERATION OF ORDERING IMPROVEMENT, PREPARATION OF PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS) Kent Exner, City Engineer, presented before the Council. Mr. Exner explained that the proposed street rehabilitation pToj ect includes all or portions of Ash Street, Oak Street NE, Maple Street NE, TH 15 Service Road 41, 1 In Avenue NE and Northwoods Avenue NE. The improvements may include reclaiming /removing the existing pavement section, grading, minimal/complete curb replacement, draintile installation (with sump pump service stubs) and new pavement surfacing. 50% of the street improvements will be assessed to the adjacent private properties on a street - frontage basis. If approved, this project is anticipated to start in the summer of 2012 and should be completed in one construction season. The estimated total project cost is $759,992. Ken Elsterem, Maplewood Academy, asked when the project will be taking place. Mr. Exner noted that the 2 CITY COUNCIL MINUTES MARCH 27, 2012 project would begin after July 4, 2012, and the completion date would be by September 30, 2012. Mr. Elsterem noted concerns with access to the cafeterias and garbage removal when school is in session. Mr. Exner noted that that will be taken into consideration if /when the project gets underway. Motion by Arndt, second by Christensen, to close public hearing. Motion carried unanimously. Motion by Arndt, second by Yost, to approve ordering improvement, preparation of plans and specifications and advertisement for bids for Letting No. 3, Project No. 12 -04. Motion carried unanimously. 9. COMMUNICATIONS, REQUESTS AND PETITIONS (Purpose: to provide Council with information necessary to craft wise policy. Always looking toward the future, not monitoring past) 10. UNFINISHED BUSINESS 11. NEW BUSINESS (a) CONSIDERATION FOR APPROVAL OF AUTHORIZING CROW RIVER WINERY TO DISPENSE WINE AT BRING IT HOME EXPO AT MCLEOD COUNTY FAIRGROUNDS ON APRIL 21,2012 Marc Sebora, City Attorney, presented before the Council. Mr. Sebora explained that the Crow River Winery had requested to dispense wine at the Crow River Expo being held at the McLeod County Fairgrounds on April 21, 2012. Hutchinson City Code, and state statute, allow for a liquor license holder from an adjacent municipality to dispense liquor at a municipally -owned facility as long as the governing board authorizes the activity. Mr. Sebora suggested that the City of Hutchinson should be listed as an additional insured on the Crow River Winery's insurance policy. Bill Corby, Chamber of Commerce /Bring it Home Expo, clarified that the Winery will be providing wine samples and will not be dispensing liquor by the glassful. Motion by Christensen, second by Arndt, to approve authorizing Crow River Winery to dispense wine at Bring it Home Expo at McLeod County Fairgrounds on April 21, 2012, albeit adding the City of Hutchinson as an additional insured on their insurance policy. Nic Bacon, Crow River Winery, presented before the Council. Mr. Bacon noted that the Winery does have liquor liability insurance. Mr. Bacon assured that proper identification will be asked of all participants. Motion carried unanimously. Mr. Corby also provided further information on the Bring it Home Expo, which is a family /business expo highlighting area businesses and organizations. (b) CONSIDERATION FOR APPROVAL OF CITY OF HUTCHINSON POLICY 1.01- TEAM MANAGEMENT AND POLICY 1.03 — COUNCIL MINUTE KEEPING Jeremy Carter, City Administrator, presented before the Council. Mr. Carter noted that one of his initiatives this year is to review all of the City's policies and from then on, have them reviewed on a cyclical basis. Mr. Carter reviewed the two policies at hand and how they are applied to City operations. 1.01 — Mayor Cook asked about the team management concept being part of an employee's annual performance review as noted in the policy. Mr. Carter noted that this concept is in fact part of his direct reports' reviews. Motion by Czmowski, second by Yost, to approve City of Hutchinson Policies 1.01 and 1.03. Motion carried unanimously. 12. GOVERNANCE (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) CITY COUNCIL MINUTES MARCH 27, 2012 (a) PLANNING COMMISSION MINUTES FROM JANUARY 17, 2012 (b) HUTCHINSON HOUSING & REDEVELOPMENT AUTHORITY BOARD MINUTES FROM FEBRUARY 21, 2012 (c) CITY OF HUTCHINSON FINANCIAL REPORT FOR FEBRUARY 2012 (d) CITY OF HUTCHINSON INVESTMENT REPORT FOR FEBRUARY 2012 Council Member Arndt noted that the house located at 400 Lynn Road is to be completed by the end of the school year. Mayor Cook also asked if perhaps a community garden could be instituted on the lot owned by the HRA on Franklin Street. Dan Jochum, Planning Director, noted that he was aware that the HRA was working with Crow River Habitat for Humanity on a potential conveyance this year. Mr. Carter will follow up with the HRA Director on this topic. 13. MISCELLANEOUS (a) CONSIDERATION FOR APPROVAL OF RESOLUTION NOS. 13983 AND 13984 PERTAINING TO THE CROW RIVER TO CAMPBELL LAKE CONNECTION PROJECT Jeremy Carter, City Administrator, noted that staff needs Council approval to submit a grant application to the Minnesota Department ofNatural Resources for restoring the Crow River to Campbell Lake Connection project and also Council authorization to submit grant proposal to the Legislative- Citizen Commission on Minnesota Resources for restoring the Crow River to Campbell Lake Connection Project. Motion by Czmowski, second by Arndt, to approve Resolution Nos. 13983 and 13984. Motion carried unanimously. Mary Christensen — Council Member Christensen asked if mosquito spraying will commence earlier this season due to the warmer weather. Mosquitoes have already been spotted. Mr. Carter explained that this topic will be discussed at the next Resource Allocation Committee meeting being held next week. Council Member Christensen also asked for an update on the local sales tax collection year -to -date. Mr. Carter noted that the first month's estimation is $55,000, although no formal report has come in from the Department of Revenue. Projections for 2012 could be approximately $700,000. Chad Czmowski— Council Member Czmowski noted that skaters at the skate park have asked for the lights to be turned on. Council Member Czmowski noted that the lights will be turned on April 1, 2012. Skaters are overall very happy with the skate park. Jeremy Carter — Mr. Carter noted that the Natural Resources Specialist, Mike Bahe, applied for and received a $25,000 grant to purchase and plant various species of trees. This will allow for a two -year tree supply. Mr. Carter also noted that departmental budgets have been distributed to directors. Mr. Carter would like to set a workshop to discuss budget parameters with the Council. Mayor Cook mentioned that the Ends statements should be adopted at the April 24, 2012, City Council meeting as well. Motion by Arndt, second by Christensen, to set April 24, 2012, at 4:00 p.m. to discuss budget parameters. Motion carried unanimously. Mr. Carter noted that he has contacted the City's local senator and representatives to introduce themselves to City officials. April 10, 2012, will work for the two representatives who are new representatives of Hutchinson to come meet with City officials. Motion by Czmowski, second by Cook, to set April 10, 2012, at 4:00 p.m. to meet with City local representatives. Motion carried unanimously. 11 CITY COUNCIL MINUTES MARCH 27, 2012 Mr. Carter also updated the Council on staff projects, such as facility assessments that are beginning. Also, a pre -sale bond report will be coming to the Council at a future date. Mayor Cook noted that the City- School Facility Committee did some preliminary assessments so staff may want to check that out. Mayor Cook — Mayor Cook mentioned that the Hutchinson Utilities Commission annual breakfast is scheduled for April 11, 2012, at 7:00 a.m. Motion by Christensen, second by Cook, to set public meeting for April 11, 2012, at 7:00 a.m. for council members to attend HUC annual breakfast meeting. Motion carried unanimously. Mayor Cook also encouraged residents to pick up litter as they are out and about 14. ADJOURN Motion by Arndt, second by Czmowski, to adjourn at 6:45 p.m. Motion carried unanimously.