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07-10-2012 CCMMINUTES REGULAR MEETING — HUTCHINSON CITY COUNCIL TUESDAY, JULY 10, 2012 1. CALL TO ORDER — 5:30 P.M. Mayor Steve Cook called the meeting to order. Members present were Mary Christensen, Bill Arndt, Eric Yost and Chad Czmowski. Others present were Jeremy Carter, City Administrator, Kent Exner, City Engineer and Marc Sebora, City Attorney. 2. INVOCATION — Due to the absence of a pastor, the invocation was dispensed. 3. PLEDGE OF ALLEGIANCE 4. RECOGNITION OF GIFTS, DONATIONS AND COMMUNITY SERVICE TO THE CITY Council Member Arndt noted that a citizen had commented to him on Engineering employee Quentin Larson and the fine job he does for the City of Hutchinson. 5. PUBLIC COMMENTS 6. MINUTES (a) REGULAR MEETING OF JUNE 26, 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. 14027 — RESOLUTION DESIGNATING THE LOCATION OF POLLING PLACE FOR ALL CITY PRECINCTS AND APPOINTING JUDGES FOR THE 2012 CITY OF HUTCHINSON AND STATE PRIMARY AND GENERAL ELECTIONS 2. RESOLUTION NO. 14028- RESOLUTION SETTING INCOME GUIDELINES FOR DEFERRED ASSESSMENTS 3. ORDINANCE NO. 12 -0691 — AN ORDINANCE AMENDING CHAPTER 31 OF THE HUTCHINSON CITY CODE PERTAINING TO BOARDS AND COMMISSIONS (SECOND READING AND ADOPTION) 4. ORDINANCE NO. 12 -0690 - AN AMENDMENT TO THE ZONING ORDINANCE SECTION 154.064(C) AND SECTION 154.004 ALLOWING DOG DAYCARE BY CONDITIONAL USE PERMIT IN THE C -4 (FRINGE COMMERCIAL DISTRICT) AND ADDING THE DEFINITION OF DOG DAYCARE TO SECTION 154.004 REQUESTED BY ADULT TRAINING AND HABILITATION CENTER, PROPERTY OWNER (SECOND READING AND ADOPTION) 5. ORDINANCE NO. 12 -0689 - AN AMENDMENT TO THE ZONING ORDINANCE SECTION 154.063(C) ALLOWING TATOO ESTABLISHMENTS BY CONDITIONAL USE PERMIT IN CITY COUNCIL MINUTES JULY 10, 2012 THE C -3 (CENTRAL COMMERCIAL DISTRICT) REQUESTED BY DOUGLAS MOULTON, APPLICANT (SECOND READING AND ADOPTION) (b) CONSIDERATION FOR APPROVAL OF ISSUING SHORT -TERM 3.2 MALT LIQUOR LICENSE TO MCLEOD COUNTY AGRICULTURAL ASSOCIATION ON AUGUST 15 — 19, 2012, FOR THE MCLEOD COUNTY FAIR (c) CONSIDERATION FOR APPROVAL OF ISSUING TEMPORARY LIQUOR LICENSE TO ST. ANASTASIA CATHOLIC CHURCH ON SEPTEMBER 8 & 9, 2012 (d) CONSIDERATION FOR APPROVAL OF IMPROVEMENT PROJECT CHANGE ORDERS AND SUPPLEMENTAL AGREEMENTS - CHANGE ORDER NO. 5 —LETTING NO. 1, PROJECT NO. 11 -02 (SCHOOL ROAD NW) - CHANGE ORDER NO. 3 —LETTING NO. 3, PROJECT NO. 11 -04 (2011 PAVEMENT MANAGEMENT PROGRAM -PHASE 1) (e) CONSIDERATION FOR APPROVAL OF CITY /SCHOOL DISTRICT AGREEMENTS - AGREEMENT RELATING TO THE ESTABLISHMENT AND OPERATION OFA JOINTLY SPONSORED PARKS, RECREATION AND COMMUNITY EDUCATION PROGRAM - AGREEMENT RELATING TO THE ESTABLISHMENT AND OPERATION OF A JOINTLY SPONSORED GROUNDS MAINTENANCE PROGRAM - AGREEMENT RELATING TO USE OF FACILITIES - LEASE AGREEMENT WITH PARK ELEMENTARY (f) CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS Item 7(a)2 was pulled for separate discussion Motion by Christensen, second by Czmowski, to approve consent agenda with the exception of Item 7(a)2 Motion carried unanimously. Item 7(a)2 had further discussion. Mayor Cook noted that there is not much difference between being a married person versus single for low income guidelines. Jeremy Carter, City Administrator, noted that the City uses HUD standards in establishing the income guidelines. Motion by Yost, second by Cook, to approve Item 7(a). Motion carried unanimously 8. PUBLIC HEARINGS — 6:00 P.M. (a) LES KOUBA PARKWAY IMPROVMENTS PHASE 2 PROJECT — LETTING NO. 8, PROJECT NO. 12- 09 Kent Exner, City Engineer, presented before the Council. Mr. Exner explained that the total project cost is estimated at approximately $500,000 with approximately $20,000 being assessed to adjacent property owners. The remaining costs of the project will come from City bonding, stormwater utility funds and MnDOT parkland dedication. Mr. Exner explained details of the project. Mr. Exner explained that August 9, 2012, is proposed for the bid opening. Mr. Exner also noted that he has spoken with the adjacent property owners about the assessments. Staff may be requesting that the property owners waive the right to the assessment hearing to expedite the project. Corey Stearns, President of Stearnswood, adjacent property owner, presented before the Council. Mr. Stearns explained that he has spoken with Mr. Exner regarding the east exit/entrance of Stearnswood to accommodate truck traffic and to widen the street a bit. Mr. Exner has been accommodating with 2 CITY COUNCIL MINUTES JULY 10, 2012 Stearnswoods' requests. Mr. Stearns noted he is in favor of the project. Motion by Arndt, second by Cook, to close public hearing. Motion carried unanimously. Mr. Exner explained the corner credits available to the EDA property and the Stearnswood property. Motion by Arndt, second by Christensen, to approve Les Kouba Parkway Improvements Phase 2 Project. Motion carried unanimously. 9. COMMUNICATIONS REQUESTS AND PETITIONS (Purpose: to provide Council with information necessary to cra t wise po icy. Always looking toward t e uture, not monitoring past) 10. UNFINISHED BUSINESS (a) CONSIDERATION FOR APPROVAL OF UPPER MIDWEST ALLIS CHALMERS CLUB EVENT SIGNAGE REQUEST Dan Jochum, Planning Director, presented before the Council. Mr. Jochum explained that staff is recommending that the signage request made by the Allis Chalmers Club be approved. Staff has placed restrictions on the signage, such as the size and language on the signs. Motion by Arndt, second by Czmowski, to approve Upper Midwest Allis Chalmers Club event signage request with proposed staff restrictions. Council Member Christensen noted that larger -type banner signs have been posted in residential districts on the boulevards. Mr. Jochum noted that real estate signs are allowed in residential neighborhoods, however they are to be on private property, not public right -of -way. Motion carried unanimously. Council Member Arndt commented that the campaign signs that will be coming out need to abide by staying out of the right -of -way. Mayor Cook asked that something be sent out to the local candidates regarding this. Mayor Cook mentioned that perhaps the Fairgrounds should have a sign placed on Hwy 15 /Century Avenue to direct traffic for events being held there. 11. NEW BUSINESS (a) SUMMARY REVIEW OF 2011 AUDITED FINANCIAL STATEMENTS Kyle Meyers, Abdo Eick & Meyers, presented before the Council. Mr. Meyers provided an overview of the 2011 audit for the City. Mr. Meyers noted that the general fund has a healthy balance and good capital and debt service reserves remain. No significant audit findings or non - compliance were found. Mr. Meyers commended city staff on drafting the financial statement. Motion by Christensen, second by Arndt, to approve 2011 audited financial statements. Motion carried unanimously. (b) CONSIDERATION FOR APPROVAL OF RESOLUTION NO. 14029 - A RESOLUTION APPROVING AND AGREEING TO ENTER INTO AN ADMINISTRATIVE CONTRACT WITH THE HUTCHINSON HRA FOR THE SCDP NORTHEAST NEIGHBORHOOD AND SW NEIGHBORHOOD HOUSING REHABILITATION PROJECT FOR CDAP -11- 0023 -O -FY 12 AND APPROVAL OF PROCEDURAL GUIDELINES FOR SCDP OWNER OCCUPIED HOUSING REHABILITATION PROGRAM FOR THE NORTHEAST NEIGHBORHOOD AND SW NEIGHBORHOOD AND APPROVAL OF CITY OF HUTCHINSON SECTION 3 PLAN RELATING TO THE SCDP GRANT CDAP -11- 0023 -O -FY 12 AND APPROVAL OF EXECUTION OF SMALL CITIES DEVELOPMENT PROGRAM GRANT AGREEMENT CDAP -11- 0023 -O -FY 12 Jean Ward, HRA Director, presented before the Council. Ms. Ward explained that DEED has approved the CITY COUNCIL MINUTES JULY 10, 2012 HRA's grant application to rehabilitate ten homes in the City of Hutchinson. 24 homes will be able to be rehabilitated since 2010 with the overall grant funds. Ms. Ward explained the program specifications for homeowners to receive loan funds from the grant program. Motion by Czmowski, second by Yost, to approve Resolution No. 14029. Motion carried unanimously. (c)CONSIDERATION FOR APPROVAL OF CITY OF HUTCHINSON NETWORK SECURITY POLICY Tom Kloss, Information Technology Director, presented before the Council. Mr. Kloss explained that the City of Hutchinson Network Security Policy has been updated and is intended to replace the existing policy that was adopted in 2006. Mr. Kloss commented that ramifications have been identified in specific sections should violations of the policy occur. Mayor Cook commented that internet usage during work time is not allowed and he suggested allowing usage during break time or lunch time. Mr. Kloss explained that in the past, the City did allow employees personal internet access over breaks and before work. However, those lunch breaks, regular breaks and before -work time would extend into the scheduled work time and it was too difficult to monitor if an employee was using the internet for personal use during work time or a break time. Software development ownership is also included in the policy. Motion by Czmowski, second by Yost, to approve City of Hutchinson Network Security Policy. Motion carried unanimously. (d) CONSIDERATION FOR APPROVAL OF CRIMINAL JUSTICE INFORMATION SERVICES SECURITY POLICY Tom Kloss, Information Technology Director, presented before the Council. Mr. Kloss explained that this policy relates directly to the police records system and has been followed for several years, however now that the police records system is on the local network, staff felt it prudent to formally adopt the policy. Motion by Arndt, second by Christensen, to approve Criminal Justice Information Services Security Policy. Motion carried unanimously. (e) DISCUSSION OF REGULATING BODY ART Mayor Cook noted that, as the tattoo conditional use permit was being discussed recently, he thought perhaps the City should talk about whether or not a body art ordinance that includes tattoo regulations should be considered. Mayor Cook noted that the State of Minnesota does license and regulate body art and allows cities to regulate in the same fashion or be more restrictive. Mayor Cook suggested Council Members review and compare the State statutes to the City ordinance and discuss in the future if the City should consider regulating body art activity. Council Member Czmowski commented that he did not feel the City should regulate any more than it does now. If the Council does not consider enacting a body art ordinance, City Attorney Sebora asked if the Council would be considering rescinding its tattoo ordinance. Council Members will ponder this and it will be discussed in the future. Council Member Arndt commented that he feels the City should retain regulations on where body art establishments are located in the city. Attorney Sebora noted that "tattoo establishments" should be changed in the zoning ordinance to "body art establishments ". (f) CONSIDERATION FOR APPROVAL OF RE- SETTING AUGUST 14, 2012, CITY COUNCIL MEETING DUE TO 2012 PRIMARY ELECTION Motion by Arndt, second by Christensen, to re -set August 14, 2012, City Council meeting to 4:00 p.m. Motion carried unanimously. 12. GOVERNANCE (Purpose: to assess past organizational performance, develop policy thatguides the organization and Council and manage the logistics of the Council. May include monitoring reports, policy development and governance 11 CITY COUNCIL MINUTES JULY 10, 2012 process items.) (a) HUTCHINSON UTILITIES COMMISSION MINUTES FROM MAY 30, 2012 (b) HUTCHINSON HOUSING & REDEVELOPMENT AUTHORITY BOARD MINUTES FROM MAY 15, 2012 (c) FIRE DEPARTMENT MONTHLY REPORT FOR JUNE 2012 Mayor Cook noted that it has been discussed to have the City Administrator serve as an ex- officio member on the Hutchinson Utilities Commission. It was discussed that the Council has the authority via City Charter to appoint a City Council Member to the Hutchinson Utilities Commission. During discussion with HUC about the ex- officio position the thought was raised that if the position was created than perhaps the language in the charter could be changed to remove the City's right to appoint a Council Member to the commission. The mayor asked for Council Members' feedback on this idea. The mayor noted that he feels the City should retain the right to appoint a Council Member as written in the Charter. Other Council Members voiced that they felt it was important for the City to retain the authority to appoint a Council Member to the Hutchinson Utilities Commission. Motion by Yost, second by Christensen, to approve retaining the ability to appoint a Council Member to the Hutchinson Utilities Commission as written in the City Charter. Motion carried unanimously. Kent Exner — Mr. Exner reminded the Council of the roundabout open hhouse at the event center from 5:00- 7:30 p.m. on July 11, 2012. Mr. Exner also provided project updates: 5t Avenue NW going well— utilities are in the ground up to Water Street. South Park Water Tower rehabilitation scheduled to being July 24, 2012. Pavement management program streets — Ash Street and Hwy 15 service road are the first two streets to be addressed beginning tomorrow with the other streets beginning in 3 -4 weeks. Sealcoating will begin soon (mid -late July). Hwy 15 retaining wall reconstruction bids will be opened July 12, 2012. Mayor Cook— Mayor Cook commented that perhaps different signage or LED lit signage may be needed on the roundabout at Hwy 15 North/North High Drive. Mr. Exner made the request to MnDOT and MnDOT suggested the directional green and white signs similar to those on Hwy 7 east. MnDOT will place these types of signs on all four legs of the roundabout. Mayor Cook also mentioned that he received information on an application that the City could submit for a Bike - Friendly Community Designation. The Bicycle Alliance sent out the information and a representative would like to speak with City representatives. Mayor asked if Council Member Arndt and Council Member Christensen would like to work on this project. They both agreed. 13. MISCELLANEOUS 14. ADJOURN Motion by Arndt, second by Cook, to adjourn at 7:10 p.m. Motion carried unanimously. ATTEST: Steven W. Cook Jeremy J. Carter Mayor City Administrator