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01-08-2013 CCMMINUTES REGULAR MEETING — HUTCHINSON CITY COUNCIL TUESDAY, JANUARY 8, 2013 CALL TO ORDER — 5:30 P.M. Mayor Steve Cook called the meeting to order. Members present were Mary Christensen, Chad Czmowski, Bill Arndt and Gary Forcier. Others present were Jeremy Carter, City Administrator and Marc Sebora, City Attorney. 2. INVOCATION — Pastor Laura Aase, River of Hope, delivered the invocation. 3. PLEDGE OF ALLEGIANCE 4. RECOGNITION OF GIFTS, DONATIONS AND COMMUNITY SERVICE TO THE CITY Council Member Mary Christensen recognized the fire department on their two -year safety record. The department has gone two years with no injuries. Mayor Cook recognized Bill and JoAnn Arndt for their award received as outstanding conservationists by the Minnesota Association of Soil and Water Conservation Districts. 5. PUBLIC COMMENTS 6. MINUTES (a) REGULAR MEETING OF DECEMBER 20, 2012 (b) ORGANIZATIONAL MEETING MINUTES OF JANUARY 2, 2013 Motion by Arndt, 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. ORDINANCE NO. 12 -0701 -AN ORDINANCE REVISING SECTION 90.01 — ICE AND SNOW ON PUBLIC SIDEWALKS AND TRAILS (SECOND READING AND ADOPTION) (b) CONSIDERATION FOR APPROVAL OF SHORT -TERM GAMBLING LICENSE FOR EAGLES AERIE 4441 HUTCHINSON ON APRIL 20, 2013 (c) CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS Item 7(a)1 was pulled for separate discussion. Motion by Arndt, second by Czmowski, to approve the consent agenda with the exception of Item 7(a)1. Motion carried unanimously. Item 7(a)1 had further discussion. Council Member Christensen noted that she has received concerns from citizens on this ordinance — such as vacant homes along the trail and trails that run in the backyard of a residence. Council Member Christensen has received inquiries as to who is responsible for these types of situations. Mayor Cook noted that these types of questions should be directed to the City Administrator. Mayor Cook did share that if a home is vacant and owned by a mortgage company, the mortgage company CITY COUNCIL MINUTES JANUARY 8, 2013 can work with the city on having snow removal contracted out. Mayor Cook mentioned that with trails that run on the sideyard or backyard, it is the homeowner's responsibility unless and until the City is able to aid in snow removal. Mayor Cook reminded residents that only four feet of the trail needs to be cleared and not the entire width. Council Member Arndt expressed that he feels trails should be cleaned off by City personnel as quickly as alleyways are. Jeremy Carter, City Administrator, spoke to the City's priority of clearing streets first and the priority listing of sidewalks and trails. Mr. Carter noted the City is aware that there are situations where a trail portion is difficult to have snow removed by a homeowner. If a specific situation needs to be taken care, staff needs to be notified. Motion by Christensen, second by Arndt, to approve Item 7(a) 1. Motion carried unanimously 8. PUBLIC HEARINGS — 6:00 P.M. - NONE 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 ORDINANCE NO. 13 -702 - AN ORDINANCE REVISING CHAPTER 94 — CEMETERIES (WAIVE FIRST READING AND SET SECOND READING AND ADOPTION FOR JANUARY 22, 2013) John Olson, Public Works Manager, presented before the Council. Mr. Olson noted that Dobratz Hantge Funeral Chapels and Darwin Monuments contributed to the revising of this ordinance, as well as other staff members. Mr. Olson noted that the biggest revisions include amendments to the categories of memorials, permits, vehicles, and cemetery funds. The main driver behind the revisions are to bring forth good customer service. Discussion was held regarding the use of a perpetual care fund. The City in essence does not use a perpetual care fund, instead it uses a cemetery fund. No perpetual care fee has ever been received or defined. Instead, fees have been designated internally for future cemetery improvements. Clarification was made to Section 94.41(J) pertaining to motorcycles. This section appears to say that motorcycles are not allowed within the cemetery. Council Member Christensen asked if this means that those visiting gravesites arriving on motorcycles are not allowed. Mr. Olson noted that motorcycles will be removed from this section and added to the section pertaining to automobile regulations. Motion by Christensen, second by Forcier, to set second reading and adoption of Ordinance No. 13 -702 for January 22, 2013, with the language revision to 94.41(J). Motion carried unanimously. (b) CONSIDERATION OF RECISSION OF LUCE LINE STATE TRAIL AGREEMENT WITH MINNESOTA DEPARTMENT OF NATURAL RESOURCES Mayor Cook noted that some concern had been raised since the Council approved the agreement for the Luce Line State Trail. The concerns centered around the perceived interest of Council Member Czmowski's financial gain with the improvement of the Luce Line Trail since Council Member Czmowski owns a bicycle shop and because of a statement he made at a meeting (non - council) about an expected gain the shop would see as a n example of the broader community benefit the trail would provide to local businesses.. Council Member Czmowski inquired as to what kind of precedent this might set, as in will he have to continually abstain from items that might somewhat relate to the use of bicycles. City Attorney Marc Sebora noted that, as he presented at the organizational meeting, when items being considered are for the broad benefit of the community, and no direct benefit is noted, abstention should not be necessary. Items may need to be considered on a case —by -case basis. 2 CITY COUNCIL MINUTES JANUARY 8, 2013 Motion by Arndt, second by Cook, to rescind Luce Line State Trail agreement with Minnesota Department of Natural Resources. Motion carried unanimously. (c) CONSIDERATION FOR APPROVAL OF LUCE LINE STATE TRAIL AGREEMENT WITH MINNESOTA DEPARTMENT OF NATURAL RESOURCES Mayor Cook distributed Resolution No. 14093, a Resolution Approving an Agreement to Pave the Luce Line State Trail in Cooperation with the State of Minnesota. Mayor Cook mentioned that the EDA has agreed to contribute $100,000 of the City's $750,000 contribution to improvement of the trail. Mayor Cook also mentioned that as part of the project 2.4 miles of the trail in the City of Hutchinson will be reclaimed, which is at a cost of about $224,000. Mayor Cook also mentioned the multitude of other governmental agencies and organizations that are in support of the improvement of the Luce Line State Trail. Glen Sladek, 15575 130th Street, presented before the Council. Mr. Sladek asked how often the trail is reclaimed. Mayor Cook mentioned the trail was paved approximately 15 years ago and has not been reclaimed to date. Mr. Sladek commented on the ongoing maintenance costs associated with the trail. Fred Barlau, 926 Hassan Street, presented before the Council. Mr. Barlau raised concerns on whether or not this is an all - inclusive pro ect or if it will be done in fragments. Mr. Barlau also raised concerns of spending money for the trail outside the city limits. Mr. Barlau feels that improvements could be made within the City of Hutchinson. George Jones, McLeod County Trail Administrator, presented before the Council. Mr. Jones asked if language could be added to the Resolution indicating that snowmobile use will continue to be allowed on the trail. Mr. Jones expressed that he feels money would be better spent on the Dakota Trail connection near Lester Prairie. Mr. Jones raised concerns that the improved Luce Line Trail will stop at the Carver County line with a crushed granite surface. Motion by Arndt, second by Christensen, with Czmowski abstaining, to approve Luce Line State Trail agreement with Minnesota Department of Natural Resources and approving Resolution No. 14093 including language with examples of multi -uses of the trail, including snowmobiles. Roll call vote was taken: Christensen — aye; Arndt — aye; Forcier — nay; Cook - aye. Motion carried 3 to 1 with one abstention. 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) HUTCHINSON UTILITIES COMMISSION MINUTES FROM NOVEMBER 26, NOVEMBER 28, AND DECEMBER 13, 2012 (b) LIQUOR HUTCH QUARTERLY REPORT FOR OCTOBER — DECEMBER 2012 (c) HUTCHINSON HOUSING & REDEVELOPMENT AUTHORITY BOARD MINUTES FROM OCTOBER 16, 2012 13. MISCELLANEOUS Chad Czmowski — Council Member Czmowski mentioned that McLeod For Tomorrow is holding a Winter Festival on February 2, 2013. Mayor Cook— Mayor Cook suggested putting together a meeting with the local legislators. He asked the Council Members to think of any topics they feel they wish to discuss with the legislators. Council Member Czmowski mentioned that the Chamber of Commerce annual banquet is January 25, 2013, at the Event Center. CITY COUNCIL MINUTES JANUARY 8, 2013 Motion by Czmowski, second by Arndt, to set Chamber of Commerce Annual Banquet on January 25, 2013, as a public meeting. Motion carried unanimously. 14. ADJOURN Motion by Arndt, second by Cook, to adjourn at 6:50 p.m. Motion carried unanimously. ATTEST: Steven W. Cook Jeremy J. Carter Mayor City Administrator 11