Loading...
07-24-2012 CCMMINUTES REGULAR MEETING — HUTCHINSON CITY COUNCIL TUESDAY, JULY 24, 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 — Rev. Penwell, Hutchinson Evangelical Free Church, delivered the invocation. PLEDGE OF ALLEGIANCE 4. RECOGNITION OF GIFTS, DONATIONS AND COMMUNITY SERVICE TO THE CITY 5. PUBLIC COMMENTS 6. MINUTES (a) REGULAR MEETING OF JULY 10, 2012 Mayor Cook noted a revision to the minutes related to the discussion of the ex- officio position to the Hutchinson Utilities Commission. Language revisions will be made to this section. Motion by Arndt, second by Christensen, to approve the minutes as revised. 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 - NONE (b) CONSIDERATION FOR APPROVAL OF IMPROVEMENT PROJECT SUPPLEMENTAL AGREEMENT (LETTING NO. 1, PROJECT NO. 12 -01 — 5TH AVENUE NW) (c) CONSIDERATION FOR APPROVAL OF ISSUING TRANSIENT MERCHANT LICENSE TO DAVID WAJCMAN OF CLOTHING CONCEPTS TO HOLD CLOTHING SALE AT RECREATION CENTER ON AUGUST 16, 2012 (d) CONSIDERATION FOR APPROVAL OF CROW RIVER GOLF CLUB OUTDOOR CONCERT ON JULY 25, 2012 (e) CONSIDERATION FOR APPROVAL OF ISSUING TRANSIENT MERCHANT LICENSE TO PETER NEUBAUER DBA NORTHSTAR BBQ TO OPERATE A STREET VENDING BUSINESS (f) CONSIDERATION FOR APPROVAL OF REAFFIRMING CITY OF HUTCHINSON DATA PRACTICES POLICY (g) CONSIDERATION FOR APPROVAL OF ISSUING CATERER'S PERMIT TO JOSEPH SWARTZER, JR. OF HOLLYWOOD CATERING AT HUTCHINSON EVENT CENTER ON AUGUST 4, 2012 (h) CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS Item 7(d) was pulled for separate discussion. CITY COUNCIL MINUTES JULY 24, 2012 Motion by Arndt, second by Yost, to approve consent agenda with the exception of Item 7(d). Motion carried unanimously. Item 7(d) had further discussion. Marc Sebora, City Attorney, noted that he has spoken with a neighboring property owner and they asked that it be clarified that this request from the Golf Club is for July 26, 2012, only and not for ongoing outdoor concerts. Discussion was held regarding noise and code violations. Council Member Czmowski suggested that a specific decibel level or some other type of measurement be included in the city code instead of language indicating noises that annoy a person in general. Discussion was held regarding events and noise that emanates from them. Motion by Czmowski, second by Christensen, to approve Item 7(d). Motion carried unanimously. 8. PUBLIC HEARINGS — 6:00 P.M. (a) CONSIDERATION OF ORDINANCE NO. 12 -0684 — AN ORDINANCE AMENDING CHAPTER 52 (WATER) OF THE CITY OF HUTCHINSON CODE OF ORDINANCES ADDING LANGUAGE IN SECTION 52.12 AND 52.13; CONNECTION REQUIRED AND PRIVATE WELLS FOR DOMESTIC USE (SECOND READING AND ADOPTION) Kent Exner, City Engineer, presented before the Council. Mr. Exner explained that the gist of the ordinance is to allow the City to regulate private wells in the city. The ordinance includes provisions and procedures allowing the continued installation and use of monitoring wells, geothermal wells, existing supply wells and wells that are required for environmental remediation purposes. It also includes provisions establishing timeframes that require connection to the City water system if service is currently, or becomes, available. The ordinance allows the City Engineer to administer, implement and enforce the provisions of the section. The ordinance talks of required connections to the city water utility and private wells for domestic use. Mr. Exner noted that staff would like an opportunity to revise the language pertaining to required connection and have it before Council at the next meeting. Kevin Heikes, 710 Roberts Street SW, presented before the Council. Mr. Heikes noted that a business he owns on Hwy 7 East is annexed into the City, however has no city water services. Mr. Exner noted that it is cost prohibitive for the city to extend water services to the business, therefore, in this case Mr. Heikes would be allowed to replace /install a private well on this property. Pam Tasche, Ohly Americas, presented before the Council. Ms. Tasche asked for clarification whether or not industrial use is exempt from the ordinance. Ohly uses a private well for cooling. Ms. Tasche noted that Ohly is considering installing a second well or drilling a new well and she wanted to clarify that this is allowed. Mr. Exner noted that staff is aware of Ohly's situation and will be working with them on their issues. Motion by Arndt, second by Czmowski, to close public hearing. Motion carried unanimously. Further language revisions need to be done on how to handle properties with existing wells and the connection requirement. Motion by Arndt, second by Yost, to table adoption of Ordinance No. 12 -0684 to allow for language revisions. Motion carried unanimously. (b) CONSIDERATION OF ORDINANCE NO. 12 -0685 — AN ORDINANCE AMENDING CHAPTER 92 (NUISANCES; HEALTH AND SANITATION) OF THE CITY OF HUTCHINSON CODE OF ORDINANCES ADDING LANGUAGE IN 92.5; THE USE OF COAL TAR -BASED SEALER PRODUCTS WITHIN THE CITY OF HUTCHINSON (SECOND READING AND ADOPTION) Kent Exner, City Engineer, presented before the Council. Mr. Exner explained that this ordinance prohibits the use of undiluted coal tar sealer products. Undiluted coal tar contains polycyclic aromatic hydrocarbon which contains contaminants. By having this ordinance in place, it allows for the ability of the City to apply for grants to address this issue. There is an alternative product which is an asphalt -based sealer. 2 CITY COUNCIL MINUTES JULY 24, 2012 Motion by Arndt, second by Czmowski, to close public hearing. Motion carried unanimously. Motion by Arndt, second by Christensen, to approve Ordinance No. 12 -0685. 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) UPDATE FROM COALITION OF GREATER MINNESOTA CITIES — BRADLEY PETERSON Bradley Peterson, Coalition of Greater Minnesota Cities, provided an update to the Council on activities of the legislature and the work of the Coalition. Updates included information on local government aid, property taxes, economic development, annexation and land use and the environment. Upcoming events include the summer conference in July and the fall conference in November. The Coalition will also be working with newly- elected legislators later this year. (b) CONSIDERATION FOR APPROVAL OF PROJECT AWARD FOR TRUNK HWY 15 RETAINING WALL RECONSTRUCTION PROJECT (LETTING NO. 5, PROJECT NO. 12 -06) Kent Exner, City Engineer, presented before the Council. Mr. Exner noted that the low bid was received from R &R Excavating in the amount of $293,275.70 which was 10% lower than the engineer's estimate. Initially, the project was estimated at $264,000, however has grown to $393,000. The main reason for the increase in costs is due to the expansion of the intersection due to installation of left -turn lanes. Mn/DOT has committed $200,000 for the project and $193,469 will be funded by City bonds. Discussion was held regarding ADA requirements and funding for such requirements. Motion by Arndt, second by Christensen, to approve project award for Trunk Hwy 15 retaining wall reconstruction project. Kent Exner noted that Mn/DOT has approved the low bid. Motion carried unanimously. (c) CONSIDERATION FOR APPROVAL OF REVISED ENDS STATEMENTS Jeremy Carter, City Administrator, presented before the Council. Mr. Carter noted that the City Council has worked on the ends statements at some recent workshops. Revisions include adding Section 2.2.5 which addresses Hutchinson's values in its history and being a partner in historic preservation efforts. Other revisions include changes to the Long Term Ends which include ongoing goals and addressing different ends in different time frames changing from 1 -2 years and 3 -5 years versus 1 -5 years. Mr. Carter noted that the ends statements need to be reviewed on an annual basis. Motion by Czmowski, second by Christensen, to adopt revised ends statements. 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) RESOURCE ALLOCATION COMMITTEE MINUTES FROM JULY 3, 2012 (b) CITY OF HUTCHINSON FINANCIAL REPORT FOR JUNE 2012 (c) CITY OF HUTCHINSON INVESTMENT REPORT FOR JUNE 2012 (d) HUTCHINSON PUBLIC LIBRARY BOARD MINUTES FROM APRIL 23, 2012 (e) WEED NOTICES MONTHLY REPORT FOR MAY 2012 CITY COUNCIL MINUTES JULY 24, 2012 (f) PLANNING, ZONING, BUILDING DEPARTMENT MONTHLY REPORT FOR JUNE 2012 (g) HUTCHINSON HOUSING & REDEVELOPMENT AUTHORITY BOARD MINUTES FROM JUNE 19, 2012 Council Member Arndt asked about the weed notices and an area on Sherwood Street near Harmony River Living Center. Council Member Arndt noted that this area is growing a large amount of ragweeds and he would hate to see it spread to other areas. The area is City right -of -way, however the property is in City limits and therefore, under the guise of the ordinance, the property owner has the responsibility of taking care of the property. Mr. Exner noted that staff has spoken with the property owner and there is some confusion on whose responsibility it is to maintain. The Council noted that the ordinance needs to be enforced consistently and all properties treated the same in that the property owner is responsible for maintaining their property. Mayor Cook noted that the library is looking at a 3% increase to the budget. Discussion was held regarding the funding of Pioneerland Library System. Mr. Carter will report back to the Council. 13. MISCELLANEOUS Mark Landreville, 720 Walnut Street, presented before the Council. Mr. Landreville noted that he thought that a discussion was going to be held this evening regarding a request he had made to the police department about using the front portion of the Plaza 15 in front of his restaurant for a celebration the restaurant would like to hold on August 11, 2012. Administrative staff was unaware of this request, however Mr. Landreville explained that his request was to use the front porch area plus two parking stalls. Staff will work with Mr. Landreville on the details and will determine if it will require Council approval. Marc Sebora — Mr. Sebora noted that the Council will need to set a date to canvass the election resilts following the primary election. The canvassing board must meet between August 17 ' and August 24' . Motion by Czmowski, second by Christensen, to set canvass board for August 21, 2012, at 5:00 p.m. at City Center. Motion carried unanimously. Mary Christensen — Council Member Christensen asked for an update on the local sales tax collected thus far. Mr. Carter noted that $474,000 has been collected through June. Bill Arndt — Council Member Arndt noted that some residents in the central part of the City asked if there could be better coverage for mosquito spraying, specifically in alleys. Kent Exner noted that staff will work with the contractor on this request. Mr. Carter asked that Council Members start thinking about dates for workshops in preparation of setting the preliminary budget in September. Motion by Arndt, second by Cook, to set August 28, 2012, at 4:00 p.m. for budget workshop. Motion carried unanimously. Kent Exner — Mr. Exner provided project updates on 5t' Avenue NW, pavement management program streets, South Park water tower, street sealcoating, and Les Kouba Parkway Phase 2. Mayor Cook — Mayor Cook reminded the Council that they need to be thinking about a tattoo versus body art ordinance and whether or not the Council feels something should be in place or not. He also noted that the word "tattoo" needs to be changed to "body art" in the zoning ordinance and will have to go to the Planning Commission prior to coming to the City Council. The Council will determine if any language changes in the regulation/licensing portion of the City code will be necessary. 14. ADJOURN Motion by Arndt, second by Czmowski, to adjourn at 7:25 p.m. Motion carried unanimously 11