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04-10-2012 CCMMINUTES REGULAR MEETING — HUTCHINSON CITY COUNCIL TUESDAY, APRIL 10, 2012 1. CALL TO ORDER — 5:30 P.M. Mayor Steve Cook called the meeting to order. Members present were Mary Christensen, Chad Czmowski and Eric Yost. Member absent was Bill Arndt. Others present were Jeremy Carter, City Administrator, Kent Exner, City Engineer, and Marc Sebora, City Attorney. 2. INVOCATION — Pastor Mark Richardson, Christ the King Lutheran Church, 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 27, 2012 Motion by Christensen, second by Czmowski, 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. 13989 - RESOLUTION APPROVING STATE OF MINNESOTA JOINT POWERS AGREEMENTS WITH THE CITY OF HUTCHINSON AND THE STATE OF MINNESOTA, DEPARTMENT OF PUBLIC SAFETY, BUREAU OF CRIMINAL APPREHENSION AND AUTHORIZING CITY OFFICIALS TO EXECUTE SAID AGREEMENTS AND AMENDMENTS (b) CONSIDERATION FOR APPROVAL OF ISSUING SHORT -TERM GAMBLING LICENSE TO CROW RIVER HABITAT FOR HUMANITY ON MAY 4, 2012, AT CHRIST THE KING LUTHERAN CHURCH (c) REAPPOINTMENT OF CHRISTIE HANTGE AND RAYMOND NORTON TO PLANNING COMMISSION TO MARCH 2017 (d) CONSIDERATION FOR APPROVAL OF ITEMS FOR 5TH AVENUE NW IMPROVEMENTS PROJECT — LETTING NO. 1, PROJECT NO. 12 -01 (e) CONSIDERATION FOR APPROVAL OF CROW RIVER CORVETTE CLUB EVENT ON MAY 26, 2012 (f) CONSIDERATION FOR APPROVAL OF MINNESOTA LAWFUL GAMBLING PREMISES CITY COUNCIL MINUTES APRIL 10, 2012 PERMIT APPLICATION TO ALLOW AMERICAN LEGION POST 96 TO CONDUCT GAMBLING DEVICES (PULL TABS) AT 16 MAIN STREET NORTH (g) CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS Items 7(d), 7(e) and 7(f) were pulled for separate discussion. Motion by Czmowski, second by Yost, to approve consent agenda with the exception of the items noted above. Motion carried unanimously. Item 7(d) had further discussion. Council Member Christensen asked if there would be steps leading down to Hwy 15 /Main Street from the retaining wall. Kent Exner, City Engineer, clarified that this project is for 5' Avenue NW and the retaining wall project will be discussed at the public hearing this evening. Motion by Christensen, second by Cook, to approve Item 7(d). Mr. Exner noted that the bids received were competitively grouped and came in under the engineer's estimate. Motion carried unanimously. Item 7(e) had further discussion. Mayor Cook asked if a liquor license is required for this event. Marc Sebora, City Attorney, explained that the American Legion is proposed to be dispensing the liquor at the event. Because the American Legion has already been issued a liquor license by the City, and they are dispensing liquor at a municipally -owned facility, state law does not require them to obtain any additional license. Motion by Yost, second by Cook, to approve Corvette Club event on May 26, 2012. Motion carried unanimously. Item 7(f) had further discussion. Mayor Cook noted that the CEO hadn't signed the premises permit application as required by the State. Marc Sebora, City Attorney, explained that after the packet had been distributed, staff realized that the wrong signature was on the application. The Council could either table this item or approve it contingent on the CEO signing the application and providing proof of that to City staff. Motion by Czmowski, second by Christensen, to approve this item contingent that the CEO signs the application. Motion carried unanimously. 8. PUBLIC HEARINGS — 6:00 P.M. (a) CONSIDERATION FOR APPROVAL OF ISSUING ON -SALE INTOXICATING AND SUNDAY LIQUOR LICENSE TO JOSEPH MAYLAND OF SSM ENTERPRISES, LLC DBA MAIN STREET SPORTS BAR LOCATED AT 16 & 18 MAIN STREET SOUTH INCLUDING A 26 FOOT X 22 FOOT OUTDOOR PATIO Marc Sebora, City Attorney, presented before the Council. Mr. Sebora explained that Joseph Mayland has applied for a liquor license for a restaurant located at 16 & 18 Main Street North. The liquor license would include a patio on the west side of the building. Mr. Sebora noted that he has explained conditions that could be expected of the licensee with having a patio at the establishment. These 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 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 the patio would be open the same hours the restaurant is open. The applicant explained that the plan is for the patio to close at 10:00 p.m. The applicant noted that he and his staff will monitor patrons outside on the patio after 10:00 p.m. and will adhere to any complaints. 2 CITY COUNCIL MINUTES APRIL 10, 2012 Motion by Czmowski, second by Christensen, to close public hearing. Motion carried unanimously. Motion by Czmowski, second by Yost, to approve issuing on -sale intoxicating and Sunday liquor license to Joseph Mayland of SSM Enterprises, LLC located at 16 & 18 Main Street South with patio conditions. Motion carried unanimously. (b) PUBLIC HEARING FOR TRUNK HWY 15 RETAINING WALL RECONSTRUCTION PROJECT — LETTING NO. 5, PROJECT NO. 12 -06 (ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS) Kent Exner, City Engineer, presented before the Council. Mr. Exner explained that although there are no special assessments being proposed, bonding dollars arse being used for this project. The goal of the project is to replace the retaining wall along Hwy 15 South /4 Avenue SW. In addition, traffic control revisions and accessibility improvements will be included in the project. Discussion was held regarding the necessity to make the curb radius the dimensions proposed. Mr. Exner explained it is to improve site lines, incorporate left turn lanes and wall construction and ease truck turns. The estimated project cost is $345,000, however Mn/DOT may have more funds to contribute towards the project. The City must award this project by the end of June if it is to proceed. The current stairways are proposed to be removed from the new wall. Easements will be needed from adjacent property owners. Jim Fahey, 446 Main Street, presented before the Council. Mr. Fahey spoke in support of the project. Mr. Fahey was thankful for the compromises that have been made. Mr. Fahey noted that his main concern is to preserve the 200+ year tree that is on the corner of his property. Motion by Czmowski, second by Yost, to close public hearing. Motion carried unanimously. Motion by Yost, second by Christensen, to order improvement and preparation of plans and specifications and order advertisement for bids for Letting No. 5, Project No. 12 -06. 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) (a) ECONOMIC DEVELOPMENT AUTHORITY 2011 ANNUAL REPORT PRESENTATION Miles Seppelt, EDA Director, presented before the Council. Mr. Seppelt provided a report on the EDA's activities for 2011. Mr. Seppelt spoke of business retention and expansion, downtown grant and loan programs, marketing and public relations, and job creation. Current projects and initiatives include economic development strategic planning, depot marketplace, marketing campaign, Minnesota Angel Network and industrial "spec" building. Council Member Yost asked about the vacant buildings near Target on Hwy 15 South. Mr. Seppelt explained that the EDA will do everything in their power to promote the vacant building spaces to recruit new businesses to the area. Mayor Cook suggested putting together a group task force consisting of community members and EDA members to assist in influencing felling the vacant spaces. 10. UNFINISHED BUSINESS 11. NEW BUSINESS (a) CONSIDERATION FOR APPROVAL OF ISSUING TOBACCO LICENSE TO SAMAR ABUJOUDA LOCATED AT SMOKES 4 LESS, 114 MAIN STREET NORTH Marc Sebora, City Attorney, presented before the Council. Mr. Sebora explained that the applicant has met all background requirements and there doesn't appear to be any reasons to not issue him a license. CITY COUNCIL MINUTES APRIL 10, 2012 Mayor Cook noted that the legislature has passed a synthetic marijuana bill. The Council held a brief discussion of the ability to limit sales of certain items that are being used for hallucination -type purposes. Council Member Czmowski commented that the Council should not be regulating items that are not regulated by state /federal law Motion by Czmowski, second by Christensen, to approve issuing tobacco license to Samar Abujouda located at Smokes4Less, 114 Main Street South. Motion carried unanimously. Council Member Czmowski noted he would like a discussion on loosening up the City's liquor code, such as the percentage of food to liquor sales. (b) CONSIDERATION FOR APPROVAL OF CITY OF HUTCHINSON POLICY 1.05 — MAYOR OR CITY COUNCIL CANDIDATES - INQUIRIES AND POLICY 1.09 — BOARDS, COMMISSIONS & COMMITTEES - VOTING POWERS Jeremy Carter, City Administrator, presented Policy 1.05 and 1.09. Policy 1.05 addresses inquiries by Council candidates to City staff. Overall, the policy indicates that any inquiries from candidates should be directed to the city administrator's office. Policy 1.09 speaks to voting powers of boards, commission & committees. Staff is proposing additional language to the last sentence of the policy indicating that "the mayor not make a motion as regulated by city charter and pursuant to /in accordance with Roberts Rules of Order." This language is being suggested because the Charter refers to Robert's Rules of Order. Motion by Czmowski, second by Yost, to approve revisions to City of Hutchinson Policy 1.05 and 1.09 as presented. Motion carried unanimously. (c) CONSIDERATION FOR APPROVAL OF SETTING JOINT CITY COUNCILMUTCHINSON UTILITIES COMMISSION MEETING FOR MAY 2, 2012, AT 4:00 P.M. AT HUTCHINSON EVENT CENTER Motion by Christensen, second by Cook, to set joint City Council/Hutchinson Utilities Commission meeting for May 2, 2012, at 4:00 p.m. at Hutchinson Event Center. 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) (a) LIQUOR HUTCH QUARTERLY REPORT FOR JANUARY — MARCH 2012 (b) FIRE DEPARTMENT MONTHLY REPORT FOR MARCH 2012 (c) HUTCHINSON UTILITIES COMMISSION MINUTES FROM FEBRUARY 29, 2012 (d) HUTCHINSON PUBLIC LIBRARY BOARD MINUTES FROM FEBRUARY 27, 2012 (e) PARKS, RECREATION, COMMUNITY EDUCATION BOARD MINUTES FROM FEBRUARY 6, 2012 (f) PLANNING, ZONING, AND BUILDING DEPARTMENT MONTHLY REPORT FOR MARCH 2012 13. MISCELLANEOUS Jeremy Carter — Mr. Carter reminded the Council that a workshop is scheduled for April 24, 2012, to discuss the tax levy and the first draft of the 2013 budget. Mr. Carter also noted that the enterprise funds will also be part of the City's monthly financial reports and those should be coming out beginning with April reporting. Kent Exner — Mr. Exner noted that staff submitted two grants for the potential box culvert project. Mr. 11 CITY COUNCIL MINUTES APRIL 10, 2012 Exner thanked those who submitted letters in support of the project. A hearing process will be held if the project proceeds and input will continue to be compiled. Mayor Cook spoke of the advantages of the project and the grant funds available. Mayor Cook — Mayor Cook expressed that he feels a workshop should be scheduled to discuss the City's nuisance ordinance. Motion by Czmowski, second by Christensen, to set workshop for May 8, 2012, at 4:00 p.m. to discuss City's nuisance ordinance. Motion carried unanimously. 14. ADJOURN Motion by Czmowski, second by Cook, to adjourn at 7:05 p.m. Motion carried unanimously.