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01-22-2013 CCMMINUTES REGULAR MEETING — HUTCHINSON CITY COUNCIL THURSDAY, JANUARY 22, 2013 1. 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, Kent Exner, City Engineer and Marc Sebora, City Attorney. 2. INVOCATION — Pastor Paul Baker, Bethlehem United Methodist, delivered the invocation. 3. PLEDGE OF ALLEGIANCE Council Member Arndt congratulated the State Theatre on its 75th Birthday. 4. RECOGNITION OF GIFTS, DONATIONS AND COMMUNITY SERVICE TO THE CITY 5. PUBLIC COMMENTS 6. MINUTES (a) REGULAR MEETING OF JANUARY 8, 2013 Mayor Cook commented that the name of Fred Marlowe referenced in the minutes needs to be changed to Barlau. Motion by Czmowski, second by Arndt, to approve the minutes as presented with the correction of Fred Barlau's name. 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. 13 -702 -AN ORDINANCE REVISING CHAPTER 94 —CEMETERIES (SECOND READING AND ADOPTION) (b) PLANNING COMMISSION ITEMS CONSIDERATION OF A SITE PLAN REVIEW AND CONDITIONAL USE PERMIT TO REBUILD THE MCDONALD'S RESTAURANT WITH DRIVE THRU ON THE EXISTING LOT AT 1098 HWY 15 SOUTH WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION NO. 14094) (c) CONSIDERATION FOR APPROVAL OF ISSUING SHORT -TERM GAMBLING LICENSE TO 3M CLUB ON MARCH 29, 2013 (d) CONSIDERATION FOR APPROVAL OF ISSUING SHORT -TERM GAMBLING LICENSE TO UPPER MIDWEST A -C CLUB ON JULY 28, 2013, AT MCLEOD COUNTY FAIRGROUNDS (e) APPOINTMENT OF JONNY BLOCK TO ECONOMIC DEVELOPMENT AUTHORITY BOARD TO DECEMBER 2018 (f) CONSIDERATION FOR APPROVAL OF ITEMS FOR 2013 PAVEMENT MANAGEMENT PROGRAM PROJECT — LETTING NO. 3, PROJECT NO. 13 -03 (ORDERING PREPARATION OF CITY COUNCIL MINUTES JANUARY 22, 2013 REPORT AND CALLING HEARING ON IMPROVEMENT) (g) SUMMARY OF CLOSED MEETING PROCEEDINGS FOR THE CITY ADMINISTRATOR PERFORMANCE APPRAISAL SESSION HELD ON JANUARY 8, 2013 (h) CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS Items 7(a)1 and 7(h) were pulled for separate discussion. Motion by Czmowski, second by Christensen, to approve consent agenda with the exception of the items noted above. Motion carried unanimously. Item 7(a)1 had further discussion. Mayor Cook noted that a letter had been received by resident Stephanie Chappell. Ms. Chappell has been working on cataloging all of the interments for the cemetery with over 8000 entries placed for a web site called "Find Your Grave ". Ms. Chappell had concerns with the use of bicycles in the cemetery and the bicycles that do not stay on the paved roadway and the damage they can create when they go off the roadway. Mayor Cook suggested posting signage stating that bicycles need to stay on the roadway. In addition, Ms. Chappell also pointed out concerns with some of the military sites that do not have the military markers on them. Mayor Cook noted that Ms. Chappell should work with staff on these issues. Council Member Arndt commented that the cemetery should not be used as a playground as it is sacred ground. Council Member Arndt also commented that there are stickers available that state "here lies a veteran" and doesn't list the branch of military, but more generalized. John Olson, Public Works Manager, provided a copy of an example of a veteran marker that simply states "Veteran" in a star formation. Mr. Olson spoke of the process currently used by the cemetery when identifying a veteran. The Council urged the cemetery to continue to recognize veterans at their gravesite. Stephanie Chappell, 725 Century Ave. 4101, presented before the Council. Ms. Chappell noted the work she is doing on veterans' markers as well as locating all the grave sites within the cemetery. Council Member Arndt asked Ms. Chappell to speak at the American Legion on this topic. Discussion was held regarding the prohibition of pets in the cemeteries. John Olson noted that signage could be placed noting that pets are not allowed in the cemetery as well as bicycles having to be on roadway. The Council spoke about enforcement in the cemetery. Chief Dan Hatten noted that park patrol do monitor the cemetery but not as an extreme high priority. Motion by Arndt, second by Forcier, to approve Item 7(a) with the condition of adding appropriate signage related to bicycles and pets. Motion carried unanimously. Item 7(h) was pulled for separate discussion. Council Member Forcier noted he has a bill on the list so he would like to abstain from voting. Motion by Arndt, second by Christensen, with Forcier abstaining, to approve Item 7(h). Motion carried unanimously. 8. PUBLIC HEARINGS — 6:00 P.M. (a) JEFFERSON STREET SE RECONSTRUCTION PHASE 1 PROJECT — LETTING NO. 1, PROJECT NO. 13 -01 (ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS) Kent Exner, City Engineer, presented before the Council. Mr. Exner noted the project runs from Washington Avenue to Oakland Avenue. The bid opening will be held April 11, 2013, instead of March 14, 2013, as originally stated. The project consists of a full reconstruction of the existing roadway surface /section, full utility replacement/;upgrades, drainage /storm sewer improvements, draintile installation, 2 CITY COUNCIL MINUTES JANUARY 22, 2013 signing /striping, street lighting, sidewalks and restoration. A portion of the project will be funded by the City's municipal state aid allotment, with the remaining being funded by City bonds and property special assessments. Mr. Exner reviewed assessments and general schedule and construction items. The total project is estimated at $1,980,000 with assessments funding approximately $310,000 of the project. Mr. Exner spoke in more detail to specifics of the project. A trail is included on the east side of the project. Neil Wagner, 574 Jefferson Street, presented before the Council. Mr. Wagner asked what determines the level of state aid. Mr. Exner explained that the City determines the amount. The City has an account based on its population and roadway system. The City is allocated approximately $500,000 per year and the city determines how those funds will be distributed throughout projects which are more major collector routes. Mr. Wagner asked if the amount being used towards this project is comparable to other projects. Mr. Exner noted that the funds being considered on this project may be lower than what has been appropriated to other projects. The amount of state aid funds will not adjust the amount of assessments. If more state aid funds are used, it lessens the amount of City bonding or contributions from water /wastewater /stormwater funds. Mr. Wagner asked about the thickness of the bituminous being used on this project, which is a truck route. Mr. Exner explained that a 4" overlay will be used on the project, however the real strength of the roadway comes from what is built below the surface. Upon completion of the project, the anticipated life of the street is 20+ years, with appropriate maintenance. Eric Piepmeier, 24 Jefferson Street East, presented before the Council. Mr. Piepmeier spoke of financial burdens and asked if the project could be delayed to a future year or if it is necessary to occur this year. Mayor Cook clarified that the assessments will be on the 2014 tax rolls. Mayor Cook also mentioned that projects are looked at as a whole and how they piece together with other projected projects. Motion by Arndt, second by Cook, to close public hearing. Motion carried unanimously. Mr. Exner noted that to the property owners of apartment buildings and commercial properties, there is a possibility of a six inch sprinkler pipe being constructed to those properties. Typically those assessments are deferred for 10 years. Motion by Czmowski, second by Forcier, to approve Jefferson Street SE Reconstruction Phase 1 Project — Letting No. 1, Project No. 13 -01. 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) UPDATE ON ARMER RADIO SYSTEM Jeremy Carter, City Administrator, presented before the Council. Mr. Carter provided an overview on the ARMER project. The Council, in 2009, designated $50,000 each year for this project. This project is a statewide initiative to create one frequency used statewide for all emergency services personnel. Mr. Carter explained the expenditures paid to date by the City for the project which is approximately $287,423 with $127,976 coming from grant dollars. The work completed includes installation of a backup control station, antenna system equipment and labor for installation of consoles. A new generator is expected this month. Mr. Carter explained that a new generator is needed due to the output needed. The City didn't have another generator available for this need. 10. UNFINISHED BUSINESS 11. NEW BUSINESS (a) CONSIDERATION FOR APPROVAL OF DRAINAGE AND UTILITY EASEMENT ACQUISITION AT 440 AIRPORT ROAD Kent Exner, City Engineer, presented before the Council. Mr. Exner explained that this item has been in ongoing conversations with the property owners and is related to the roundabout project being constructed this year at Hwy 15 South and Airport Road. The proposal is to extend City main lines underground across the Walter and Linda Green property. The proposal is to place sanitary sewer facilities on the Green's land for the City to extend the City sanitary sewer services facilities which are adjacent to the intersection of State Hwy 15 and County State Aid Hwy 115. As part of the agreement, the Greens will connect to the City's sanitary sewer system and their private septic system will be removed by, and at the cost of, the City. 3 CITY COUNCIL MINUTES JANUARY 22, 2013 Because the Greens' private septic system still has a remaining useful life, the City will pay the Greens $7700 for the remaining useful life. The Greens will pay a sanitary sewer availability charge in the amount of $2300. In addition, in consideration of the Greens' permitting the City to place sanitary sewer facilities on their land, the Greens will be entitled to discharge well water for their well into the City's sanitary sewer service system. The Greens will pay a monthly sanitary sewer bill generated by the City based on the amount of the Greens' well water discharged into the City sanitary system as determined water meter installed by the City. The Greens will grant the City an easement for construction right -of -entry and a permanent easement for the line. The City will be compensating the property owner for the permanent easement, septic system removal, tree values /removals, wagon removal and bird house removal, with a total compensation of $28,371.25. A statement will be added to the sanitary sewer service agreement that the agreement will be binding on its successors, heirs and assigns. Motion by Arndt, second by Christensen, to approve drainage and utility easement and sanitary sewer service agreement, with the additional binding statement, with a total compensation of $28,371.25 for the acquisition at 440 Airport Road. Motion carried unanimously. (b) CONSIDERATION OF ORDINANCE NO. 13 -0704 — AN ORDINANCE ADOPTING SECTION 123 OF THE HUTCHINSON CITY CODE PERTAINING TO FOOD VENDORS (FIRST READING, SET SECOND READING AND ADOPTION FOR FEBRUARY 12, 2013) Mayor Cook noted that this item is mainly for discussion this evening and will be brought back later for consideration of a first reading. Marc Sebora, City Attorney, presented before the Council. Mr. Sebora explained the City has had two food cart vendors in town recently. When the first one came to town a few years ago, the City didn't really have a license that fit this type of business and therefore a transient merchant license has been the license being used for this type of business. Staff has felt that perhaps the creation of a food cart vendor license would be more appropriate. Mr. Sebora noted that, in addition, the City has had an ice cream truck that has been in town that has been issued a transient merchant license. Mr. Sebora suggested adding a motorized vendor to the proposed ordinance as well, as perhaps food carts that prepare the food onsite, compared to prepackaged food as in the proposed ordinance. Mr. Sebora reviewed the proposed requirements of food cart vendors. Council Member Christensen asked about the garbage requirement — vendors own garbage receptacle or City receptacle? Mr. Sebora then reviewed the restrictions proposed in the ordinance. Mayor Cook suggested an exception to the festivals, fairs and civic events — if the vendor is invited by the organizer they should be allowed. The Council also discussed the restriction of being 100 feet away from a restaurant. Concerns were also raised with the proposed restriction of not operating on public rights -of -way, sidewalks, public parking lots and parks. Greg Jodzio, 549 Main Street South, Red's Hot, presented before the Council. Mr. Jodzio owns a hot dog food cart and commented on the generator requirement. He stated the requirements being proposed may be difficult to comply with and are not required by the State. Mr. Jodzio spoke of the signs being posted to the cart. He didn't have a real issue with this requirement, however he did express that if other brick and mortar businesses can apply for sandwich board signs, he would like the opportunity to do so as well. Mr. Jodzio commented that garbage waste is not a problem — he has always supplied receptacles with his business. Mr. Jodzio commented that he feels food carts bring character to the City. Council Member Czmowski voiced that he feels food carts should be allowed and not be so heavily regulated. Council Member Arndt asked of food trucks. Mr. Sebora noted that if food trucks are allowed in the ordinance, regulations will need to be put in place for them — such as parking restrictions, sound amplification, etc. Council Member Forcier commented this is a good starting point, but he feels food trucks need to be addressed as well. Mayor Cook also asked if restrictions need to be considered for distance to concession stands. Council Member Forcier asked if perhaps by gaining permission from a business, that may take care of any issues 11 CITY COUNCIL MINUTES JANUARY 22, 2013 Mr. Jodzio commented that perhaps a note to the restrictions is that a restaurant must be opened for the 100 feet distance restriction to apply (such as, many restaurants are closed on Sundays). Another addition should be all licensees must be in compliance with all City ordinances. The license is being proposed to follow the calendar year. Any further feedback can be provided to Marc Sebora. Food trucks should be included in the revised version that comes before Council. Council Member Arndt suggested inviting the other food vendor that was in town last summer, as well as the ice cream truck vendor to get their input on the ordinance. Motion by Arndt, second by Forcier, to table this item. Motion carried unanimously. (c) CONSIDERATION OF ORDINANCE NO. 13 -0705 — AN ORDINANCE AMENDING CHAPTER 93 OF THE HUTCHINSON CITY CODE — ANIMALS (FIRST READING, SET SECOND READING AND ADOPTION FOR FEBRUARY 12, 2013) Marc Sebora, City Attorney, presented before the Council. Mr. Sebora explained that this ordinance is for discussion purposes. Mr. Sebora noted that over the past year or so, staff has been made aware of residents who house several animals. The proposed ordinance allows for animal limits per person be a combination of no more than four dogs and cats, with no more than three of which may be dogs or cats over three months old. This number was arrived at after the planning department and police department surveyed other communities. In addition, revisions were made to Section 93.18 requiring dogs and cats to be leashed on public property. The term "poundmaster" is also being proposed to be changed to "police department ". Section 93.24 is also proposing that barking or sounds from dogs which produce noises that reasonably disturbs the peace and quiet of the neighborhood rather than specific barking intervals which is difficult to enforce. Council Member Czmowski suggested allowing shock collars in lieu of a leash. Mayor Cook spoke to the dangerous animal requirements and the fact that state law regulates dangerous animals. State law actually has some additional penalties that the city does not include in its ordinance. Mr. Sebora commented that the city has been following state law with regard to its dangerous animal designations. Those statutory requirements should be incorporated into the ordinance. Mayor Cook also asked about 93.21(B) — notification of impounding. Mayor Cook feels that the language that is being proposed to be removed (written notice being posted at City Hall) should remain in the ordinance. Chief Dan Hatten commented that individuals come to the police department to inquire about their animals and that is why the posting notice requirement was removed. Language should be added in 93.44 prohibiting the riding of animals on city -owned trails. Council Member Arndt commented on farm animals at the Fairgrounds. Language will be added to the ordinance addressing farm animals at the fairgrounds. Council Member Christensen asked about the residents who currently are over the limit for the proposed number of dogs and cats. Marc Sebora noted that it is expected that all residents will be in compliance with the ordinance upon adoption. Motion by Arndt, second by Cook, to table this item. Motion carried unanimously. (d) CONSIDERATION OF ORDINANCE NO. 13 -0706 — AN ORDINANCE AMENDING SECTION 73.17 OF THE HUTCHINSON CITY CODE PERTAINING TO MOTORIZED SCOOTERS (FIRST READING, SET SECOND READING AND ADOPTION FOR FEBRUARY 12, 2013) Marc Sebora, City Attorney, presented before the Council. Marc Sebora explained that this ordinance is proposing to be amended to follow state law since it is completely encapsulated in Minn. Stat. 169.225. Motion by Arndt, second by Forcier, to approve Ordinance No. 13 -706, setting second reading and adoption for February 12, 2013. Motion carried unanimously. (e) CONSIDERATION OF ORDINANCE NO. 13 -0707 — AN ORDINANCE REPEALING CHAPTER 34 OF CITY COUNCIL MINUTES JANUARY 22, 2013 THE HUTCHINSON CITY CODE — ADMINISTRATIVE PENALTIES (FIRST READING, SET SECOND READING AND ADOPTION FOR FEBRUARY 12, 2013) Marc Sebora, City Attorney, presented before the Council. Mr. Sebora explained that in 2006, the City implemented an administrative citation program allowing the City to issue administrative citations for certain traffic offenses and code violations. The City then collected the entire fee and the offense did not go on the violator's driving record. Since 2006, the state has placed regulations on the program, including limiting the offenses that can be cited under such a program, capping the fine amount, etc. The program is no longer being used by the City because of these restrictions. Motion by Czmowski, second by Christensen, to adopt Ordinance No. 13 -707, repealing Chapter 34. 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) PLANNING, ZONING, BUILDING DEPARTMENT MONTHLY REPORT FOR DECEMBER 2012 (b) SIDEWALK SNOW REMOVAL MONTHLY REPORT FOR DECEMBER 2012 (c) CITY OF HUTCHINSON FINANCIAL REPORTS FOR DECEMBER 2012 (UNAUDITED) (d) CITY OF HUTCHINSON INVESTMENT REPORT FOR DECEMBER 2012 (e) HUTCHINSON HOUSING & REDEVELOPMENT AUTHORITY BOARD MINUTES FROM NOVEMBER 20, 2012, AND DECEMBER 18, 2012 (f) PLANNING COMMISSION MINUTES FROM NOVEMBER 20, 2012 12(c) -Mayor Cook noted that approximately $70,000 from the HSA City contributions is being proposed to be used from the self - insurance fund. He asked if perhaps these funds could be used from fund balance or the capital projects fund instead. Jeremy Carter, City Administrator, noted that would be possible, however he wished not to make any transfers until the year -end entries are complete. 13. MISCELLANEOUS Kent Exner — Mr. Exner noted that the City's wastewater department is taking on excess water from the Buffalo Lake ethanol plant through appropriate permitting processes. To date, this has brought in an additional $30,000 in revenue with the potential of up to $100,000. Also, a draft of transportation plan will be presented at the next Council meeting. Discussion was held regarding the size of the roundabout proposed on Hwy 15 South. Mayor Cook talked about putting in place a tap room ordinance to address a brew pub that could come to Hutchinson. Mayor Cook also commented that perhaps a workshop should be held to discuss a pool upgrade. Jeremy Carter will speak to Dolf Moon to arrange a date for a workshop to be held. 14. ADJOURN Motion by Arndt, second by Christensen, to adjourn at 8:50 p.m. Motion carried unanimously. ATTEST: CITY COUNCIL MINUTES JANUARY 22, 2013 Steven W. Cook Jeremy J. Carter Mayor City Administrator