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06-12-2012 CCMMINUTES REGULAR MEETING — HUTCHINSON CITY COUNCIL TUESDAY, JUNE 12, 2012 1. CALL TO ORDER — 5:30 P.M. Mayor Steve Cook called the meeting to order. Members present were Mary Christensen, Bill Arndt and Eric Yost. Member absent was Chad Czmowski. Others present were Jeremy Carter, City Administrator and Marc Sebora, City Attorney. 2. INVOCATION — Pastor Gerhard Bode, Peace Lutheran Church, delivered the invocation. 3. PLEDGE OF ALLEGIANCE 4. RECOGNITION OF GIFTS, DONATIONS AND COMMUNITY SERVICE TO THE CITY Council Member Arndt mentioned that Myron Johnson had passed away recently. Mr. Johnson was a former Council Member, firefighter and business owner. Mayor Cook mentioned that the City was awarded the Small City Development Grant for $175,000 for the HRA housing programs. 5. PUBLIC COMMENTS 6. MINUTES (a) REGULAR MEETING OF MAY 22, 2012 Motion by Christensen, second by Arndt, 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. 14014 - RESOLUTION TO APPROVE EXECUTION OF MN /DOT AGREEMENT NO. 01239 FOR TRUNK HWY 15 RETAINING WALL RECONSTRUCTION 2. ORDINANCE NO. 12 -0687 — AN ORDINANCE SUSPENDING ENFORCEMENT OF HUTCHINSON CITY ORDINANCE 92.18 PERTAINING TO HOURS OF USE OF SOUND AMPLIFICATION EQUIPMENT FOR JAYCEE WATER CARNIVAL EVENTS ON JUNE 14 & 17, 2012 (SECOND READING AND ADOPTION) 3. ORDINANCE NO. 12 -0688 - AN ORDINANCE SUSPENDING ENFORCEMENT OF HUTCHINSON CITY ORDINANCE 92.18 PERTAINING TO HOURS OF USE OF SOUND AMPLIFICATION EQUIPMENT FOR RELAY FOR LIFE EVENT ON AUGUST 3, 2012 (SECOND READING AND ADOPTION) (b) CONSIDERATION FOR APPROVAL OF ISSUING PARADE PEDDLER'S PERMIT TO GERALD JOHNSON TO SELL NOVELTY ITEMS ALONG WATER CARNIVAL PARADE ROUTE ON JUNE 17, 2012 (c) CONSIDERATION FOR APPROVAL OF ISSUING TRANSIENT MERCHANT LICENSE TO JAY CITY COUNCIL MINUTES JUNE 12, 2012 MALONE MOTORS AT THE HUTCHINSON MALL PARKING LOT FROM AUGUST 10 — 20, 2012 (d) CONSIDERATION FOR APPROVAL OF ISSUING SHORT -TERM 3.2 MALT LIQUOR LICENSE TO POWER PULL NATIONALS LLC AT MCLEOD COUNTY FAIRGROUNDS ON JUNE 15 & 16, 2012 (e) CONSIDERATION FOR APPROVAL OF ISSUING SHORT -TERM GAMBLING LICENSE TO HUTCHINSON HOCKEY ASSOCIATION ON JANUARY 26, 2013, AT AMERICAN LEGION (f) CONSIDERATION FOR APPROVAL OF UPPER MIDWEST ALLIS CHALMERS CLUB EVENT SIGNAGE REQUEST (g) CONSIDERATION FOR APPROVAL OF GENERAL RECORDS RETENTION SCHEDULE FOR MINNESOTA CITIES (h) CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS Item 6(f) was pulled for separate discussion. Motion by Arndt, second by Yost, to approve consent agenda with the exception of Item 6(f). Motion carried unanimously. Item 6(f) had further discussion. Mayor Cook noted that this request is to allow signage in the right -of -way directing visitors to the Allis Chalmers (Orange Spectacular) event being held at the McLeod County Fairgrounds this year. City Attorney, Marc Sebora, noted that the Council has the authority to grant temporary signs for civic or community events. The request is to allow signage on city boulevards and in Mn/DOT right -of -way areas. The City does not have the authority to approve placement of signs in the Mn/DOT right -of -way, so the event planners would need to seek Mn/DOT's approval for that. Mayor Cook questioned whether or not granting this request is the right thing to do, considering the numerous requests made for temporary off -site signage throughout the year from various organizations. Mayor Cook suggested that staff approve the size of the signs and placement of the signs. Dan Jochum, Planning Director, presented before the Council. Mr. Jochum explained that current city code does not allow for off - premise signs and he has concerns with semi trucks pulling in with signs on the sides of them advertising events. He also suggested allowing directional signs to the Fairgrounds versus advertising the Orange Spectacular event itself. The proposal is to allow signage to be placed on Hwy 7 and Hwy 15 directing visitors to the Fairgrounds. Motion by Arndt to designate the Orange Spectacular as a civic event and allow for signage. Jeremy Carter, City Administrator, recommended tabling this item to the next meeting to allow staff to work with event coordinators to finalize their request. Motion by Arndt, second by Christensen, to table this item to June 26, 2012, Council meeting. Motion carried unanimously. 8. PUBLIC HEARINGS — 6:00 P.M. (a) ASSESSMENT HEARING AND PROJECT AWARD FOR 2012 PAVEMENT MANAGEMENT PROGRAM PHASE 1 PROJECT - LETTING NO. 3, PROJECT NO. 12 -04 Kent Exner, City Engineer, presented before the Council. Mr. Exner explained that the low bid came in from Wm. Mueller & Sons Inc. in the amount of $583,365.90 which was substantially lower than the 2 CITY COUNCIL MINUTES JUNE 12, 2012 engineer's estimate. Mr. Exner reviewed the streets included in the project which are all or portions of Ash Street NE, Oak Street NE, Maple Street NE, TH 15 Service Road 41, 1 lth Avenue NE and Northwoods Avenue NE. The project includes roadway rehabilitation/reconstruction and utility infrastructure installations by construction of storm sewer, drain tile, watermain, sanitary sewer, surface reclamation/removal, grading, aggregate base, concrete curb and gutter, bituminous base, bituminous surfacing, restoration and appurtenances. Mr. Exner explained the assessment process and how assessments are calculated. Mr. Exner also explained the deferred assessment program available for military, disabled and senior citizens who meet income guidelines. The project, if awarded, is scheduled to begin July 9, 2012. Residents will have access to their homes throughout the project. Alan Nyman, 816 Maple Street, presented before the Council. Mr. Nyman asked which streets will be the scheduled first on the project. Mr. Exner noted that the entire project must be completed by early September, however he explained how the contractor may schedule each street. Residents will be notified throughout the project as to which streets will be worked on when. Motion by Arndt, second by Yost, to close public hearing. Shttrley Zackrison, 44 11'' Avenue NE, asked about corner credit. Her residence is on the corner of 10'' and I It Avenue. Mr. Exner noted he will meet with Ms. Zackrison following Council action to explain the corner credit program.. Motion carried unanimously. Motion by Arndt, second by Christensen, to approve project award for 2012 Pavement Management Program Phase 1. 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 PROJECT AWARD FOR 2012 STREET SEAL COATING PROJECT — LETTING NO. 4, PROJECT NO. 12 -05 Kent Exner, City Engineer, presented before the Council. Mr. Exner explained that the low bid came in from Pearson Brothers with a bid of $247,000.00. Staff recommends awarding the contract to Pearson Brothers. The bid amount was slightly lower than the engineer's estimate. Pearson Brothers has worked in town previously on street seal coating projects. Motion by Arndt, second by Cook, to approve project award for 2012 Street Seal Coating Project. Motion carried unanimously. Mr. Exner noted that the project will take place between mid -June to mid- August. John Olson, Public Works Manager, noted that street sweeping will occur prior to the seal coating applications. Council Member Christensen asked that residents be notified prior to sweeping if possible to make sure vehicles are removed prior to the sweeping. (b) CONSIDERATION FOR APPROVAL OF DOWNTOWN ACTION PLAN CONTRACT WITH HOISINGTON KOEGLER GROUP INC. Dan Jochum, Planning Director, presented before the Council. Mr. Jochum recommended tabling this item to allow for some revisions to be made to the contract. This will be brought forth at the next meeting. Motion by Christensen, second by Yost, to table Downtown Action Plan Contract with Hoisington Koegler Group Inc. to June 26, 2012. Motion carried unanimously. CITY COUNCIL MINUTES JUNE 12, 2012 (c) CONSIDERATION FOR APPROVAL OF CITY HUTCHINSON POLICY NO. 1.08 — BOARDS, COMMISSION AND COMMITTEES -TERMS AND CITY OF HUTCHINSON POLICY NO. 1.15 — LICENSES AND PERMITS Jeremy Carter, City Administrator, presented before the Council. Mr. Carter reviewed the revised policies based on discussions held at the last Council meeting. Council Member Yost suggested having a definition of "ex- officio" within Policy 1.08. Marc Sebora, City Attorney, expressed that he felt that it would be of great benefit to clarify the role an ex- officio member plays on a City board or commission. Mr. Carter asked if the definition should be in an ordinance versus a policy only. The main purpose will be to identify that ex- officio members will be non - voting members of City boards and commissions. Ex- officio language will be added to City code. Motion by Yost, second by Christensen, to approve Policy No. 1.08 as presented and bring forth an ordinance defining ex- officio. Motion carried unanimously. Mr. Carter reviewed Policy 1.15. Most delegation of issuing various city licenses and permits have been removed from the policy to better reflect what the practice has been of staff. Mayor Cook asked if there are guidelines that could be established to ensure that applications are approved on a consistent basis. Mayor Cook expressed that he was okay with delegating the issuance of most licenses other than tobacco, liquor, peddler /solicitor /license, pawnbrokers and sexually- oriented businesses. Council Member Arndt asked that parade permits also remain with Council action and not be delegated to staff. Motion by Christensen, second by Arndt, to approve City of Hutchinson Policy Nos. 1.15 as described above. Motion carried unanimously. (d) DISCUSSION OF CREATING A NUISANCE CODE OFFICER POSITION Mayor Cook noted that following the Council workshop on the City's nuisance ordinance, he found information from the State of Washington on nuisance ordinance and code enforcement programs. Discussion was held regarding the City's nuisance ordinance and code enforcement and which departments are responsible for what actions. Advantages of having a code officer position were discussed. Discussion was held regarding what an officer's duties are and what authority he /she may have. Mayor Cook clarified that the idea with this position is to be proactive, however to enforce the obvious violations and to allow flexibility with the code enforcement officer's authority. Perhaps the position is part -time or incorporated into another current City position. Mayor Cook suggested perhaps the position could fit into the building department due to slower activity. Mr. Carter expressed that staff would like direction from Council as to whether or not they would like to see a nuisance code officer position and then let staff to determine the best structure and placement of the position. Mayor Cook suggested having the duties completed internally by current staff and then evaluate the position down the road to see if a position would need to be hired. Mr. Carter noted that current staff hours may be reduced in other areas to accommodate for code enforcement duties. Staff will conduct an analysis and bring back to Council for review. 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) FIRE DEPARTMENT MONTHLY REPORT FOR MAY 2012 (b) HUTCHINSON UTILITIES COMMISSION MINUTES FROM APRIL 25, 2012 (c) PLANNING, ZONING, BUILDING DEPARTMENT MONTHLY REPORT FOR MAY 2012 (d) PARKS, RECREATION, COMMUNITY EDUCATION BOARD MINUTES FROM APRIL 2, 2012 13. MISCELLANEOUS 11 CITY COUNCIL MINUTES JUNE 12, 2012 Mary Christensen — Council Member Christensen spoke of stove top fire stoppers. She thought perhaps these devices could be purchased for Park Towers, Evergreen or other apartment complexes. Council member Arndt suggested having Chief Emans speak about these devices. Mayor Cook also mentioned longer -life battery smoke detectors. Council Member Christensen also asked if mosquito spraying could be done later in the week versus on Mondays. Mr. Exner and Mr. Carter mentioned that late week spraying comes at a higher price. Mr. Exner noted that the mosquito spraying contract expires this year and staff will be receiving new quotes. They will include late week spraying in their proposals to see the cost comparison. Eric Yost— Council Member Yost thanked those for kind words on his work for the City. Council Member Yost also thanked Council for taking on extra duties due to his new job out of town. Kent Exner— Mr. Exner noted that a couple of ordinances will be coming forth at the next Council meeting, those being in reference to private wells and coal tar based sealer. The first reading of the ordinances will be at the next meeting and then a public hearing and second reading will be scheduled for the second Council meeting in July. General discussion was held regarding the Trunk Hwy 15 Coalition group and the work they are doing on the Trunk Hwy 15 Corridor. Mayor Cook mentioned that the City has made first cut for grant funds for the Hwy 7 box culvert project. Staff will present next week to the legislative committee as the next phase of attempting to secure the grant funds. 14. ADJOURN Motion by Arndt, second by Christensen, to adjourn at 7:15 p.m. Motion carried unanimously. ATTEST: Steven W. Cook Jeremy J. Carter Mayor City Administrator