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06-25-2013 CCMMINUTES REGULAR MEETING — HUTCHINSON CITY COUNCIL TUESDAY, JUNE 25, 2013 1. CALL TO ORDER — 5:30 P.M. 2. INVOCATION — Rev. Paulis Pilgrim, Faith Lutheran Church, delivered the invocation. 3. PLEDGE OF ALLEGIANCE 4. RECOGNITION OF GIFTS. DONATIONS AND COMMUNITY SERVICE TO THE CITY 5. PUBLIC COMMENTS 6. MINUTES (a) BID OPENING MINUTES FROM JUNE 10, 2013 (b) REGULAR MEETING OF JUNE 11, 2013 Motion by Arndt, second by Forcier, 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 ORDINANCE NO. 13 -711 - AN ORDINANCE GRANTING A FRANCHISE TO GEORGE W. QUAST TO PLACE FLOWER POTS ON CITY SIDEWALK LOCATED AT 25 2ND AVENUE SE (SECOND READING AND ADOPTION) (b) PLANNING COMMISSION ITEMS CONSIDERATION OF A CONDITIONAL USE PERMIT TO ALLOW A CHURCH IN THE C4 (FRINGE COMMERCIAL DISTRICT) AT 1020 HWY 7 WEST REQUESTED BY HUTCHINSON EVANGELICAL FREE CHURCH WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION NO. 14158) 2. CONSIDERATION OF AN AMENDMENT TO THE ZONING ORDINANCE REGARDING GARAGE REQUIREMENTS SECTIONS 154.026, 154.004, 154.056, 154.057 AND 154.058 WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION 14154 AND WAIVE FIRST READING AND SET SECOND READING AND ADOPTION OF ORDINANCE NO. 13 -0710 FOR JULY 9, 2013) (c) CONSIDERATION FOR APPROVAL OF OUT OF STATE TRAVEL REQUEST FOR JEROME BURMEISTER AND ERIC MOORE TO ATTEND THE VACTOR 2100 PLUS OPERATORS TRAINING IN STREATOR, ILLINOIS, FROM AUGUST 6 — 8, 2013 (d) CONSIDERATION FOR APPROVAL OF IMPROVEMENT PROJECT CHANGE ORDER NO. 6 — LETTING NO. 1, PROJECT NO. 11 -01 (SCHOOL ROAD NW IMPROVEMENTS) (e) CONSIDERATION FOR APPROVAL OF ITEMS FOR 2013 PAVEMENT MANAGEMENT CITY COUNCIL MINUTES JUNE 25, 2013 PROGRAM PROJECT — LETTING NO. 3, PROJECT NO. 13 -03 (f) CONSIDERATION FOR APPROVAL OF ISSUING TEMPORARY LIQUOR LICENSE TO HISTORIC HUTCHINSON ON JULY 25, 2013, AT HUTCHINSON CENTER FOR THE ARTS (g) CONSIDERATION FOR APPROVAL OF ISSUING SHORT -TERM GAMBLING LICENSE TO ST. ANASTASIA CATHOLIC CHURCH ON SEPTEMBER 8, 2013 (h) CONSIDERATION FOR APPROVAL OF ISSUING MOBILE FOOD CART LICENSE TO PETER NEUBAUER OF NORTHSTAR BBQ (i) CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS — REGISTER A 0) CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS — REGISTER B (k) CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS — REGISTER C Items 7(b)1, 7(b)2, 7(f), 70) and 7(k) were pulled for separate discussion. Motion by Arndt, second by Cook, to approve the consent agenda with the exception of the items noted above. Motion carried unanimously. Item 7(b)1 had further discussion. Mayor Cook asked about the parking requirements and the provision that future paving would be required. Dan Jochum, Planning Director, noted that a condition was included on the CUP indicating that when there is no longer adequate parking on the paves areas, additional paved parking must be constructed to meet parking needs. Mr. Jochum further noted that on or about July 1 of each year the applicant must report to the Planning and Zoning Department the number of parking spaces that are being utilized to determine if more paved parking spaced are needed. Motion by Arndt, second by Christensen, to approve Item 7(b)1 noting that additional parking spaces will be added as needed. Motion carried unanimously. Item 7(b)2 had further discussion. Dan Jochum, Planning Director, presented before the Council. Mr. Jochum noted that in section 154.026(c) "detached" is proposed to be added to the ordinance, however upon further review, staff is proposing that the word "detached be removed. Staff is proposing that in section 154.026(g), the language that is currently struck out, "except by conditional use permit ", is proposed to remain as written. General discussion was held as to minimum and maximum sizes of garages and those that should be allowed by building permit versus conditional use permit. General discussion was held regarding advantages and disadvantages on the maximum size. A recommendation was made to require garages be a minimum of 240 sq. ft. Garages between 240 sq. ft. and 399 sq. ft. would require a conditional use permit. Any garage over 400 sq. ft. and over would be issued by building permit, which means having no garage is not an option. Motion by Czmowski, second by Christensen, to remove "detach" from 154.026(c), leave in language in 154.026(g), minimum requirement size of 240 sq. ft. up to 399 sq. ft. will require CUP. Motion carried unanimously. 2 CITY COUNCIL MINUTES JUNE 25, 2013 Item 7(f) had further discussion. Council Member Christensen noted that she is the President of Historic Hutchinson and Council Member Forcier noted he is a member. Both Christensen and Forcier will abstain from voting on this item. Motion by Czmowski, second by Arndt, to approve Item 7(f), with Christensen and Forcier abstaining. Motion carried unanimously. Item 70) had further discussion. Council Member Forcier noted he will be abstaining due to the business being paid is owned by his son. Motion by Czmowski, second by Cook, to approve Item 70) with Forcier abstaining. Motion carried unanimously. Item 7(k) had further discussion. Council Member Czmowski noted he will be abstaining from this vote due to his business being the vendor on the check register. Motion by Arndt, second by Forcier, with Czmowski abstaining, to approve Item 7(k). Motion carried unanimously. 8. PUBLIC HEARINGS — 6:00 P.M. (a) ASSESSMENT HEARING AND PROJECT AWARD FOR 2013 CITY PARKING LOT IMPROVEMENTS (LETTING NO. 10, PROJECT NO. 13 -10) Kent Exner, City Engineer, presented before the Council. Mr. Exner explained that this project includes seven parking lots, those being City Parking Lot B, City Parking Lot J, Fire Department, School District Administration Building, High School, West Elementary and Hutchinson Health west parking lot. The low bid came in from Knife River Corporation with a bid of $877,796.73. Motion by Arndt, second by Czmowski, to close public hearing. Motion carried unanimously. Mr. Exner noted that construction is scheduled to begin July 8, 2013, with the school district's lots being completed approximately August 9, 2013, and all lots completed by August 30, 2013. Motion by Czmowski, second by Forcier, to approve project award for 2013 City parking lot improvements. 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) INTRODUCTION OF NEW HEAD LIBRARIAN FOR HUTCHINSON PUBLIC LIBRARY Jeremy Carter, City Administrator, brought forth the new head librarian to introduce herself. Pam Dille introduced herself to the Council as the new head librarian of the Hutchinson/Winsted Public Library. Ms. Dille has 34 years experience in the library industry and is from the Kingston, Minnesota, area. (b) UPDATE ON THE MOSQUITO CONTROL PROGRAM Jeremy Carter, City Administrator, explained that mosquito traps were set and larvacide was applied 3 CITY COUNCIL MINUTES JUNE 25, 2013 in ponds in May. The first adulticide application was done on June 10, 2013, which was a three week delay from the proposed start date due to the unseasonably cool weather this spring. Because of the vast amount of rain this spring, high numbers in the mosquito traps began to occur. Two adulticide applications have occurred on June 10 and June 17. Additional applications are scheduled for June 27, July 1, July 8 and July 15. After July 15, staff will monitor trap counts to determine if additional applications are warranted. Parks with ball fields are treated with a barrier control application each time the adulticide application is applied. The life cycle of a typical mosquito is about 10 days at 80 degrees. Because of this, it wouldn't be cost - effective to treat more than once per week. The current mosquito control provider does not provide aerial applications, however they could coordinate an aerial application. If this is desired, staff would work with them to get a specific proposal and price point for that service. Mr. Carter noted that the purpose of the program was not to necessarily eradicate all mosquitoes, but rather to alleviate them. Council Member Christensen noted the comments she has received gear more towards having the applications completed closer to the weekend, however that comes at a higher cost. 10. UNFINISHED BUSINESS 11. NEW BUSINESS (a) CONSIDERATION FOR APPROVAL RESOLUTION NO. 14167 — A RESOLUTION AUTHORIZING THE REDEMPTION OF GENERAL OBLIGATION PERMANENT IMPROVEMENT REVOLVING FUND BONDS, SERIES 2005E Jeremy Carter, City Administrator, noted a correction that this redemption is for the Bonds Series of 1992, 2002A and 2004, as opposed to Series 2005E. The total net interest cost savings of the three outstanding principal debt amounts is $14,751.25. Staff has reviewed current cash balances and future incoming cash flow streams and have noted that all three funds will have sufficient cash balances to achieve redemption of outstanding principal amounts early. By paying off these bond issuances early, the City will avoid paying the final year or two of interest on each of the three different bonds. The City will see a total net interest cost savings of approximately $15,000.00. Motion by Arndt, second by Forcier, to approve Item 11(a). Motion carried unanimously. (b) CONSIDERATION FOR APPROVAL OF NON - WAIVER OF TORT LIABILITY LIMITS FOR GENERAL LIABILITY COVERAGE Jeremy Carter, City Administrator, presented before the Council. Mr. Carter explained that the City is in the process of renewing its general liability insurance policy with the League of Minnesota Cities. As part of the renewal process, the City must decide whether or not the City wants to waive the statutory municipal tort liability limits from $500,000 per claimant to $1,500,000 per occurrence. If waived, the City must purchase excess liability coverage. Historically, the City has not waived the municipal tort liability limits. Motion by Forcier, second by Christensen, to not waive the tort liability limits. Motion carried unanimously. (c) DISCUSSION OF COMMUNITY EVENT SIGNAGE Mayor Cook noted that with the last Water Carnival event, he could tell that attendance was low at 11 CITY COUNCIL MINUTES JUNE 25, 2013 the events held down by the river. Mayor Cook explained that he looked for signage of the events and noted that there was none along Hwy 7, most likely due to the City's various sign ordinances. Mayor Cook explained that he had located in Section 154.036 of the Hutchinson City Code, the Council has the ability to allow signage for community /civic events and can attach conditions to such signage. Mayor Cook distributed a list of events that he felt could be considered as being allowed to have signage for their events which are of a community /civic nature. Those events include: Chamber of Commerce Bring it Home Celebration, Dairy Days, Jaycee Water Carnival, Orange Spectacular, Garlic Festival, RiverSong Music Festival, Relay for Life, McLeod County Fair, and Arts & Crafts Festival. Council Member Czmowski noted that he has no issues with allowing signage to advertise events as long as the signs are taken care of and taken down timely. Council Member Arndt noted that he has concerns with banner type signs hanging between trees or between fence posts. He would like to see more of a kiosk type of structure that could list events. City Attorney Sebora noted he has concerns with knowing when to draw the line as to organizations allowed and allowances on public property. Dan Jochum, Planning Director, noted there is a provision in the banner ordinance that allows for on- premise signs for one day with no permit required. The Council concluded to wait on establishing a list of community /civic events and review the entire ordinance at an upcoming workshop. If an organization has a specific request, they should come forward to the Council. (d) DISCUSSION OF TEMPORARY REDUCTION IN RESIDENTIAL SAC & WAC CHARGES Kent Exner, City Engineer, reviewed the City's Sanitary Sewer and Water Availability Charge Policy that is applied to new construction residential homes. The basis of these charges is based on the Metropolitan Council Environmental Services procedures that utilize land use parameters and related SAC units. This procedure more accurately reflects the use of the infrastructure services and has a strong base of use as a fair and acceptable standard. The City's SAC and WAC charges on new construction residential homes is approximately $4050. These fees cover the trunk system pipe oversizing, non - assessable trunk improvements, storage facilities, lift stations and other related facilities, treatment and production facility modifications, construction or reconstruction and debt retirement of related expenses. Mr. Exner noted the large investment the City incurs when building the service areas. Staff does not necessarily feel that the SAC /WAC fees encourage or discourage development and lowering them will not determine future development. The Council did not feel that the fees should be changed at this time. 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 process items. (a) CITY OF HUTCHINSON FINANCIAL REPORT AND INVESTMENT REPORT FOR MAY 2013 (b) WEED NOTICES MONTHLY REPORT FOR MAY 2013 (c) HUTCHINSON HOUSING & REDEVELOPMENT AUTHORITY BOARD MINUTES FROM 5 CITY COUNCIL MINUTES JUNE 25, 2013 MAY 21, 2013 13. MISCELLANEOUS On July 6, 2013, at 10:30 a.m. at West River Park a ceremony will be held to honor the 150th anniversary of the death of Little Crow. Details are still being finalized. Council Member Arndt noted that a 4th of July celebration is being held at Word of Life Church. The entire community is invited. Mr. Arndt also noted that a resident on Adams Street had raised a concern regarding the sod along the boulevard being full of weeds. Mr. Exner explained that the Adams Street project was completed in 2010 and the sodding was satisfactory at the time it was laid down. Last Summer was extremely hot and dry which takes a toll on the sod. In all projects, the contractor lays the sod down and waters immensely for 30 days and then the maintenance needs to be coordinated with the help of property owners. The Council expressed property owners must maintain their yards, including boulevards. Jeremy Carter — Mr. Carter reminded the Council of the general fund budget workshop being held on July 9, 2013, at 4:00 p.m. Kent Exner — Mr. Exner provided project updates: Jefferson Street and Hwy 15 South roundabout are progressing; depot site remediation project is moving along well and a new foundation should be placed tomorrow for the depot building. The fishing pier on the south side of Crow River near Cedar Park has been installed. The bid opening for South Grade Road bridge project is July 1, 2013. Mayor Cook — Mayor Cook noted the lights on Crow River fountain do not seem to be working. Kent Exner will check into it. Mayor Cook also noted the positive comments that have been received on the Art Walk. Some citizens have expressed interest in purchasing the pieces on display. Mayor Cook also expressed perhaps the City is interested in making a purchase. Perhaps a People's Choice award could be given and that would be the piece the City invests in. The Council thought that was a good idea. 14. ADJOURN Motion by Arndt, second by Christensen to adjourn at 7:30 p.m. Motion carried unanimously. ATTEST: Steven W. Cook Jeremy J. Carter Mayor City Administrator 0