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04-23-2013 CCMMINUTES REGULAR MEETING — HUTCHINSON CITY COUNCIL TUESDAY, APRIL 23, 2013 1. CALL TO ORDER — 5:30 P.M. Mayor Steve Cook called the meeting to order. Members present were Chad Czmowski, Bill Arndt, Mary Christensen and Gary Forcier. Others present were Jeremy Carter, City Administrator, Kent Exner, City Engineer and Marc Sebora, City Attorney. 2. INVOCATION — Pastor Cindy Mueller, Congregational UCC, delivered the invocation. 3. PLEDGE OF ALLEGIANCE 4. RECOGNITION OF GIFTS, DONATIONS AND COMMUNITY SERVICE TO THE CITY PROCLAMATION — SEXUAL ASSAULT AWARENESS MONTH Mayor Cook noted that he was requested to proclaim April as Sexual Assault Awareness Month. Mayor Cook further noted that he had read the proclamation at an event earlier this month that was put on by Safe Avenues. 5. PUBLIC COMMENTS 6. MINUTES (a) REGULAR MEETING OF APRIL 9, 2013 Mayor Cook commented on a few revisions to be made to the April 9, 2013, regular meeting minutes. "Pauls" needed to be revised to "Paulson" in Section 8(a). He also suggested adding the following language to Section 9(a): The suggestion was made that energy usage be indexed to heating /cooling days to give a better understanding of energy variations from one year to the next and to separate enterprises from the rest of the city measurements and index energy usage to production units for each enterprise. Motion by Arndt, second by Christensen, to approve the minutes, with the revisions noted above. Motion carried unanimously. (b) BID OPENING MINUTES FROM APRIL 11, 2013 (JEFFERSON STREET SE) Motion by Christensen, second by Arndt, to approve bid opening minutes from April 11, 2013. 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 -706 — AN ORDINANCE AMENDING SECTION 154.005 OF THE HUTCHINSON CITY CODE SPECIFICALLY PERTAINING TO THE DEFINITION OF DOG KENNEL (SECOND READING AND ADOPTION) (b) PLANNING COMMISSION ITEMS CONSIDERATION OF CONDITIONAL USE PERMIT TO ALLOW CONSTRUCTION OF A HOUSE WITHOUT A GARAGE LOCATED AT 715 MADSON AVENUE SW REQUESTED BY CROW RIVER HABITAT FOR HUMANITY WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION NO. 14132) CITY COUNCIL MINUTES APRIL 23, 2013 2. CONSIDERATION OF VACATING ROADWAY AND UTILITY EASEMENT LOCATED IN WALGREENS ADDITION WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (WAIVE FIRST READING AND SET SECOND READING AND ADOPTION OF ORDINANCE NO. 13 -707 FOR MAY 14, 2013) (c) APPOINTMENT OF DEAN KIRCHOFF TO PLANNING COMMISSION TO MARCH 2018 (d) CONSIDERATION FOR APPROVAL OF MNDOT COOPERATIVE CONSTRUCTION AGREEMENT FOR TRUNK HWY 15 AND CSAH 115 ROUNDABOUT PROJECT (e) CONSIDERATION FOR APPROVAL OF AIRPORT AGRICULTURAL LAND LEASE (f) CONSIDERATION FOR APPROVAL OF ITEMS FOR JEFFERSON STREET SE RECONSTRUCTION PHASE 1 PROJECT (LETTING NO. 1, PROJECT NO. 13 -01) — DECLARING COST TO BE ASSESSED, ORDERING PREPARATION OF PROPOSED ASSESSMENT AND SETTING HEARING ON PROPOSED ASSESSMENT (g) CONSIDERATION FOR APPROVAL OF ISSUING PARADE PERMIT TO VFW POST 906 ON MAY 27, 2013 (h) CONSIDERATION FOR APPROVAL OF ISSUING TEMPORARY LIQUOR LICENSE TO HUTCHINSON CENTER FOR THE ARTS ON MAY 30, 2013 (i) CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS — REGISTER A 0) CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS — REGISTER B Items 7(b)1 and 70) were pulled for separate discussion Motion by Czmowski, second by Forcier, to approve consent agenda with the exception of the items noted above. Motion carried unanimously. Item7(b)1 had further discussion. Dan Jochum, Planning Director, presented before the Council. Mr. Jochum noted that city code allows for construction of homes without garages with a conditional use permit. Mr. Jochum explained that during staff's review of the CUP application, staff noted specific conditions related to the conditional use permit requiring a storage shed be placed on the property. Council Member Arndt noted he serves on the Planning Commission. Although the Planning Commission voted 5 -1 to approve the conditional use permit with no garage construction, he noted he has received several calls from citizens noting concerns with no garage being required as part of the home's construction. Mayor Cook expressed that City Code should be amended to require garages as part of home construction. A 10'x12' size utility shed, wood - framed, was suggested as a condition to be placed on the permit. Mr. Jochum reminded the Council that current city code does allow no garages by conditional use permit. John Lofdahl, 542 Jefferson Street, construction manager for Crow River Habitat for Humanity, presented before the Council. Mr. Lofdahl noted requirements of the ordinance have been met. Sustainable, high - efficiency homes are the mission of Crow River Habitat for Humanity. The main issue behind the request of CRHH is the cost to build the garage. The Council expressed that a minimum of a 10'x12' wood -framed utility shed needs to be added as a condition. Mayor Cook suggested staff begin working on amending the ordinance such that garages are required as part of new home construction. Mr. Jochum noted that a first draft could be ready for a May Council meeting. 2 CITY COUNCIL MINUTES APRIL 23, 2013 Motion by Christensen, second by Cook, to approve issuing CUP with additional condition of requiring 10'x12' wood - framed utility shed. Motion carried unanimously. Item 70) was pulled to allow Council Member Czmowski to abstain from voting. Motion by Arndt, second by Forcier, with Czmowski abstaining, to approve Item 70). Motion carried unanimously. PUBLIC HEARINGS — 6:00 P.M. (a) ASSESSMENT HEARING AND PROJECT AWARD FOR 2013 PAVEMENT MANAGEMENT PROGRAM (LETTING NO. 3, PROJECT NO. 13 -03) Kent Exner, City Engineer, presented before the Council. Mr. Exner explained that the project will consist of Grove Street SW (5th Ave to TH 15), Brown Street SW (Division to TH 15), Glen Street SW (5th Ave to Linden), Franklin Street SW (5th Ave to TH 15) and Division Avenue SW (Grove to Glen); roadway overlay /rehabilitation surface milling /removal, grading, concrete curb and gutter, bituminous base, bituminous surfacing, restoration and appurtenances. The apparent low bidder is Duininck Inc. of Prinsburg, Minnesota, with a bid of $233,838.20. This bid is substantially lower than the engineer's estimate and therefore the proposed assessments have been revised. Mayor Cook asked that if with the savings from this project and the savings on the Jefferson Street project, could an additional projector portion of be considered. Mr. Exner noted that perhaps some side streets in the pavement management program, Miller and Milwaukee, could be reviewed and considered for mill and overlay, or perhaps a section of Lynn Road. Mr. Exner noted that all infrastructure in this area is in good condition. This project will not begin until after Water Carnival, or June 17, 2013. Motion by Arndt, second by Forcier, to close public hearing. Motion carried unanimously. Motion by Arndt, second by Czmowski, to approve project award for 2013 pavement management program. 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) PRESENTATION AND SUPPORT OF CROW RIVER FISHING PIER PROJECT Ben Erlandson, Hutchinson Chamber Leadership Development Institute- Outdoor Project Group, presented before the Council. Mr. Erlandson introduced other members of the group: Randy Johnson, Shannon Brice, and Jake Mason. Mr. Erlandson explained that during the course of the institute, this group formulated and developed an outdoor project that would benefit the community. The idea that they developed was to install a fishing pier along the Crow River. This project stems from a goal of the Imagine Hutchinson Downtown Plan that was recently adopted. The pier would allow fishing from shore, but also allow a size large enough for boats to dock and users to walk downtown. Mr. Erlandson reviewed three quotes that the group has received for the pier itself. The most viable quote consists of the following: $23,748.09; Pier Genius Inc.; Dimensions: 34' into lake with 40' "T" fishing platform; Floating; Constructed of galvanized frame and railing and GeoDock Composite Decking (No Lumber); 20 year warranty on GeoDock Decking; 25% Community Discount amounting to $5,937.02 savings from total cost; No railings on ramp portion to accommodate docking of boats for access to Downtown. The group has asked for another quote that has railings, but will allow for docking of boats. DNR has indicated that there are fish located all throughout the river that runs through Hutchinson. The group's goal of the pier was to get away from heavy water flow and away from the dam area. Mr. Erlandson reviewed partnerships discussed to this point. They include: 1.) City of Hutchinson: 3 CITY COUNCIL MINUTES APRIL 23, 2013 use of Cedar Park to place pier; pier identified as priority in recent Imagine Hutchinson Campaign; 2.) Minnesota DNR: in preliminary discussions, stated they would be willing to construct and install pier when it arrives; provide maintenance; would remove and re- install seasonally if required; would be willing to enter a cooperative agreement with City of Hutchinson for these purposes; 3.) Newly formed Crow River Lake Association: interested in pier that would allow boat docking ability to access Downtown on foot; interested in assisting with potential funding and additional fundraising efforts; have identified pier as a priority; 4.) Hutchinson Economic Development Authority: met with in February and also suggested other potential funding sources; committed $3000 towards project; 5.) Hutchinson Downtown Association: committed $200 towards project. Fundraising efforts will continue and private donations have been received or have been committed to. Mr. Erlandson noted that the project can be found on the group's Facebook page: Hutchinson Fishing Pier. Questions can also be addressed to Ben Erlandson at 320 - 296 -5086 and Randy Johnson at 320 - 234 -9757. Mr. Erlandson also noted that he has met with a few of the neighbors in the Cedar Park area, and those he spoke to are in favor of the project and would like to see the park more utilized. The group asked if this project can be considered a priority of the city and also to gain the Council's support of the project. The group also inquired as to whether or not the City can provide any financial assistance to the project. The Council provided accolades to the group for spearheading this project and the work they have completed thus far. Mayor Cook suggested that the City be a financial partner in the project. Jeremy Carter, City Administrator, noted that past practice has allowed for the City to upfront the money and then as donations are received, the City is paid back. A suggestion was made that the City donate $10,000 to the project and then have the group update the Council later in the year with an update on donations received. (b) DISCUSSION OF HARBORING CHICKENS IN RESIDENTIAL AREAS John Dietel, Arch Street, presented before the Council. Mr. Dietel distributed material to the Council on the background as to the request of allowance of harboring chickens. Mr. Dietel voiced his opinions on the benefits of raising chickens. Mayor Cook noted that this item was suggested a few years ago by Mr. Dietel. At that time, the Council did not have interest in allowing chickens. He noted that he is not sure if the Council's opinion is still the same as a few years ago, however he raised concerns with enforcement of this. Council Members Forcier, Czmowski, and Arndt commented that they were not against harboring chickens, but they all expressed that they must be housed in a coop and chicken owners must be good neighbors. It was commented that no roosters be allowed. Jeremy Carter, City Administrator, expressed that there will be issues related to harboring chickens, most likely between neighbors and chickens that get out of their coops. This will cause repercussions to staff and the Council. Mr. Carter commented that if chicken coops are allowed, setbacks will need to be identified. Enforcement, licensing, noise, and coop requirements are all things that will need to be considered. Council Member Czmowski noted he is fine with allowing chickens if they are cooped and there is a small maximum number allowed per lot size. Council Member Forcier noted he is fine with allowing chickens as long as they are contained. He noted rules will need to be put in place to offer controls. Council Member Arndt noted he is in favor of allowing chickens, and suggested perhaps a trial time of one year to see if any issues occur. If there are no issues, chickens could then be allowed permanently. Council Member Christensen agreed with the benefits of having chickens, however, she raised concerns 11 CITY COUNCIL MINUTES APRIL 23, 2013 with the rules and enforcement that will need to be put in place. Mayor Cook noted that staff can take their time and work with interested parties on crafting an ordinance to address the issues that have been brought forth. 10. UNFINISHED BUSINESS 11. NEW BUSINESS (a) CONSIDERATION FOR APPROVAL OF RESOLUTION NO. 14133 - RESOLUTION DESIGNATING FUNDS FOR ANIMAL LICENSE FEES Jeremy Carter, City Administrator, presented before the Council. Mr. Carter explained that at the last Council meeting discussion was held and a draft Resolution was presented relating to designating animal license fees to certain funds and establishing related pet programs. From that discussion, staff has developed the attached Resolution which designates the collection of animal license fees and allocates them in a tiered approach. The first $2500 collected will be designated to the police department. $2500 - $17,500 will be evenly divided between the police department and a pet program fund to be used for specific programs. Any fees collected in excess of $17,500 will be applied 100% to a pet program fund to be used for specific programs. The pet programs identified were development/maintenance of a dog park, as well as a microchip credit program and a spay /neuter credit program, and any other programs that may be considered by the Council. Staff is proposing that the credit programs will be applied to the animal owner's animal license fee. Specifically, after adoption of the attached Resolution, when an animal owner applies for an animal license and submits proof that their animal is spayed /neutered or microchipped, the animal owner will receive a $5.00 credit toward their animal license fee. Mayor Cook suggested that if an owner shows proof of a spay /neuter procedure, a $10 credit be given due to the higher cost. Discussion had been held to going to a two -year licensing cycle, however that will be addressed in the City's fee schedule. Once everything is lined up, Mayor Cook suggested putting information in the utility bills. Motion by Christensen, second by Forcier, to approve Resolution No. 14133 — designating funds for animal license fees, amending the spay /neuter credit to $10. Motion carried unanimously. (b) CONSIDERATION FOR APPROVAL OF BECOMING MEMBER OF COALITION OF GREATER MINNESOTA CITIES GREATER MINNESOTA ECONOMIC DEVELOPMENT PARTNERSHIP PROGRAM Mayor Cook mentioned that at the last meeting he had suggested the City becoming a member of the Coalition of Greater Minnesota Cities Greater Minnesota Economic Development Partnership Program. The cost of a bronze membership is $500. Motion by Czmowski, second by Christensen, to approve bronze membership into the CGMC Greater Minnesota Economic Development Partnership Program. 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 COMMISSION MINUTES FROM MARCH 19, 2013 13. MISCELLANEOUS 5 CITY COUNCIL MINUTES APRIL 23, 2013 (a) PARKING LOT IMPROVEMENTS Kent Exner, City Engineer, noted that a group of Resolutions have been distributed for parking lot improvements within the city, school district and hospital. These parking lot improvements include City parking lot B, City parking lot J, Fire Department, School Administration Building, high school, West Elementary and Hutchinson Health west parking lot. The entire project cost for all parking lots is $970,000. These Resolutions are to set a public hearing on May 14, 2013. Following the public hearing, assessment apportions will be discussed. Motion by Czmowski, second by Forcier, to approve Resolution No. 14136 — Ordering Preparation of Report on Improvement and Resolution No. 14137 — Receiving Report and Calling Hearing on Improvement. Motion carried unanimously. (b) PRESENTATION BY HUTCHINSON CHAPTER OF FUTURE FARMERS OF AMERICA Cheyenne Schmidt, Jamie Anderson, Megan Schlueter, Gabrielle Erickson, and Lavin Rada — AgriScience Teacher and FFA Advisor, presented before the Council. Ms. Rada explained that this group will be presenting on genetically modified food organisms and whether or not they should be included on food labels. Ms. Rada noted that the group must present this debate prior to competing at state this coming weekend. The group provided a presentation on Proposition 37 and then the Council provided feedback on this topic to prepare the group for their state competition. Mary Christensen — Council Member Christensen asked when the pothole will be filled in. Mr. Exner noted that the potholes should begin to be filled next week with hot mix. Bill Arndt — Council Member Arndt asked about sealcoating peeling off and going onto lawns. Mr. Exner noted that some areas are worse than others and they are starting to be evaluated and addressed. The issue is not related to the application or the type of product, but just natural migration. Jeremy Carter — Mr. Carter noted that the Active Living Grant has been submitted and the City will be notified by June 7, 2013, as to whether or not they will be awarded. SHIP is providing funding for the bicycle- friendly application process. Kent Exner — Mr. Exner noted that on May 8, 2013, at the Event Center from 6:30 — 8:30 p.m. a newly formed Crow River Lake Association meeting is being held. A synopsis of this meeting will be given at the May 14, 2013, Council meeting. Mr. Exner also noted that on May 15, 2013, from 5:00 — 7:00 p.m. at the Event Center a public meeting is being held on the Hwy 15 South roundabout project. Construction, phasing, scope and coordination will be reviewed. Discussion of the South Grade Road bridge project may be part of this public meeting as well. Motion by Arndt, second by Cook, to set May 15, 2013, from 5:00 — 7:00 at Event Center as public meeting. Motion carried unanimously. Mayor Cook noted that the Council has been invited to the Hutch Manufacturing Anniversary Dinner which is being held on May 1, 2013, from 6:00 — 7:30 p.m. at Hutch Manufacturing. Motion by Arndt, second by Forcier, to set May 1, 2013, 6:00 — 7:30 p.m. at Hutch Manufacturing as public meeting. Motion carried unanimously. Mayor Cook suggested that perhaps the Council may want to discuss loosening up SAC /WAC charges for the next year or so. He noted he has been approached by contractors who wish to build spec homes to try and get the housing industry going again. It was suggested that perhaps this item be discussed at the next Council meeting. 14. ADJOURN Motion by Arndt, second by Christensen, to adjourn at 8:05 p.m. Motion carried unanimously rol