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05-13-2014 CCMMINUTES REGULAR MEETING — HUTCHINSON CITY COUNCIL TUESDAY, MAY 13, 2014 1. CALL TO ORDER — 5:30 P.M. Mayor Steve Cook called the meeting to order. Members present were Mary Christensen, Gary Forcier, Bill Arndt and Chad Czmowski. Others present were Jeremy Carter, City Administrator, Kent Exner, City Engineer and Marc Sebora, City Attorney. 2. INVOCATION — Pastor Lauara Aase, River of Hope, delivered the invocation. 3. PLEDGE OF ALLEGIANCE 4. RECOGNITION OF GIFTS, DONATIONS AND COMMUNITY SERVICE TO THE CITY • ARBOR DAY PROCLAMATION Mayor Cook read a proclamation proclaiming May 20, 2014, as Arbor Day in the City of Hutchinson. Mayor Cook also recognized Mike Schumann as the new Fire Chief who was put in office yesterday. Mayor Cook also thanked the interim Fire Chief Casey Stotts. Mary Christensen thanked Roger Olson, Jim Lauer and John Olson on putting together information for columbariams recognizing veterans. Jeremy Carter provided an update on the ongoing project that is being run by these gentlemen. The medallions that are being placed on the columbariams are included in the regulations of the City's ordinance. Bill Arndt thanked staff on putting together a plaque located in the City Center lobby which includes all mayors and council members since the City was incorporated. 5. PUBLIC COMMENTS 6. MINUTES (a) REGULAR MEETING OF APRIL 22, 2014 Mayor Cook noted that language should be added to the Public Comments section stating that "Persons wanting to have a dialogue with the Council should do so at the end of the meeting under the Miscellaneous section of the agenda ". Motion by Czmowski, second by Forcier, to approve the minutes with the additional language. 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. RESOLUTION NO. 14274 — A RESOLUTION TO SELL BICYCLES AT AUCTION (b) CONSIDERATION FOR APPROVAL OF ISSUING SHORT -TERM GAMBLING LICENSE TO CROW RIVER CUTTERS ON AUGUST 12, 2014, AT MCLEOD COUNTY FAIRGROUNDS CITY COUNCIL MINUTES MAY 13, 2014 (c) CONSIDERATION FOR APPROVAL OF ISSUING SHORT -TERM GAMBLING LICENSE TO MINNESOTA HOLSTEIN - FRIESIAN BREEDER'S ASSOCIATIONON NOVEMBER 22, 2014, AT MCLEOD COUNTY FAIRGROUNDS (d) CONSIDERATION FOR APPROVAL OF ISSUING CATERER'S PERMIT TO J &N SCHLAGEL ENTERPRISES II LTD ON MAY 31, 2014, AT HUTCHINSON EVENT CENTER (e) CONSIDERATION FOR APPROVAL OF ISSUING CARNIVAL PERMIT TO J &K AMUSEMENTS FROM MAY 29 — JUNE 1, 2014 AT HUTCHINSON MALL (f) CONSIDERATION FOR APPROVAL OF ISSUING PARADE PERMIT TO AMERICAN LEGION FOR MEMORIAL DAY PARADE ON MAY 26, 2014 (g) CONSIDERATION FOR APPROVAL OF ISSUING SHORT TERM 3.2 MALT LIQUOR LICENSE TO KNIGHTS OF COLUMBUS ON JUNE 6 -7, 2014, AT MCLEOD COUNTY FAIRGROUNDS (h) CONSIDERATION FOR APPROVAL OF ISSUING TEMPORARY LIQUOR LICENSE TO SUSTAINABLE FARMING ASSOCIATION OF MINNESOTA FOR MINNESOTA GARLIC FESTIVAL ON AUGUST 9, 2014 (i) CONSIDERATION FOR APPROVAL OF AMENDMENTS TO THE JOINT POWERS AGREEMENT GOVERNING THE SOUTH CENTRAL MINNESOTA REGIONAL RADIO (j) CONSIDERATION FOR APPROVAL OF ITEMS FOR 2014 PAVEMENT MANAGEMENT PROGRAM PROJECT (LETTING NO. 3, PROJECT NO. 14 -03) (k) CONSIDERATION FOR APPROVAL OF IMPROVEMENT PROJECT CHANGE ORDER — SUPPLEMENTAL AGREEMENT NO. 3 — LETTING NO. 1, PROJECT NO. 13 -01 (JEFFERSON STREET SE RECONSTRUCTION PHASE 1) (1) CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS — CHECK REGISTER A (m) CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS — CHECK REGISTER B Items 7(a) l and 7(m) were pulled for separate action 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. Council Member Arndt asked when the bicycle auction will be held. Chief Hatten noted that the bicycles will go to Fahey Auction Center and they will schedule the auction. Most likely, the bicycles will be included in the online action. Motion by Arndt, second by Christensen, to approve Item 7(a)1. Motion carried unanimously 2 CITY COUNCIL MINUTES MAY 13, 2014 Item 7(m) had further discussion. Council Member Forcier noted he will be abstaining from voting on this item. Motion by Czmowski, second by Arndt, with Forcier abstaining, to approve Item 7(m). Motion carried unanimously. 8. PUBLIC HEARINGS — 6:00 P.M. (a) CONSIDERATION OF ORDINANCE NO. 14 -0726 — AN ORDINANCE GRANTING A FRANCHISE TO HUTCHINSON CHAMBER OF COMMERCE AND CONVENTION & VISITORS BUREAU TO PLACE EVENT SPECIFIC BANNERS ON CITY -OWNED PROPERTY LOCATED IN LIBRARY SQUARE (FIRST READING, SET SECOND READING AND ADOPTION FOR MAY 27, 2014) Jeremy Carter, City Administrator, presented before the Council. Mr. Carter explained that this franchise is a continuation of a franchise that has been in place to allow banners to be placed in Library Square to advertise specific events being sponsored by the Chamber of Commerce. Motion by Arndt, to deny franchise agreement due to the aesthetics of the banners. Council Member Arndt suggested placing a permanent structure to be placed in the park advertising upcoming events that would be more aesthetically pleasing. Mayor Cook suggested that the banners be better maintained. Council Member Arndt recommended a banner be placed running across Main Street so passersby can see the advertisement. Motion by Czmowski, second by Cook, to close public hearing. Motion carried unanimously. Motion by Arndt to reject Ordinance No. 14 -0726. Motion failed for lack of second. Motion by Czmowski, second by Forcier, to set second reading and adoption of Ordinance No. 14- 0726 for May 27, 2014. Council Member Christensen suggested that the banners be better maintained and perhaps be more stable when installed. Jeremy Carter explained that the franchise agreement speaks to expectations of the banners and the maintenance of them. Council Member Arndt suggested putting the signage on a piece of plywood so it is more sturdy. He would like the signage more dressed up. Roll call vote was taken: Christensen — aye; Arndt — nay; Forcier — aye; Czmowski — aye; Cook — aye. Motion carried 4 to 1. (b) CONSIDERATION OF ORDINANCE NO. 14 -0727 — AN ORDINANCE GRANTING A FRANCHISE TO HUTCHINSON CHAMBER OF COMMERCE AND CONVENTION & VISITORS BUREAU TO PLACE BANNERS ON CITY -OWNED STREET LIGHT POLES (FIRST READING, SET SECOND READING AND ADOPTION FOR MAY 27, 2014) Jeremy Carter, City Administrator, presented before the Council. Mr. Carter explained that this franchise is also a continuation of a franchise that has been in place. This franchise allows for "Hutchinson" banners to be placed on City light poles along Main Street and a portion of Washington Avenue. The Ambassadors are working on fundraising efforts to replace the banners that are currently in place. Council Member Forcier commented that the banner signs that are currently hanging up are rather weathered and do not have the best appearance. Motion by Arndt, second by Cook, to close public hearing. Motion carried unanimously. Motion by Arndt, second by Forcier, to set second reading and adoption of Ordinance No. 14 -0727 for May 27, 2014. Motion carried unanimously. (c) SOUTH GRADE ROAD TRAIL AND PARKING LOT IMPROVEMENTS PROJECT (LETTING CITY COUNCIL MINUTES MAY 13, 2014 NO. 9, PROJECT NO. 14 -09) Kent Exner, City Engineer, presented before the Council. Mr. Exner explained that staff has initiated this project process to implement the South Grade Road trail and parking lot improvements. No special assessments are being assessed against private properties for this project. This project would include South Grade Road Trail and parking lot surfacing adjacent to South Grade Road near the Otter Lake bridge by construction of grading, bituminous /concrete pavement, street lighting, trail, sidewalk, landscaping restoration and appurtenances. The new proposed trail will run from South Grade Court to Otter Street and then extend to Lakewood Drive. The proposed parking lot is to alleviate parking along South Grade Road. Mr. Exner explained that some positive comments have been received on the trail and very little comments have been received on the parking lot. It was noted that the speed zone on South Grade Road is now 45mph. Discussion was held regarding signage and the speed zone on South Grade Road. Mr. Exner noted that other work that may be included with the project are parking around the parks garage, Creekside areas, trail overlay on Century Avenue and work at the wastewater department. Funding should be available for these projects, however this will need to be finalized. Terry Dean, 975 Otter Street, presented before the Council. Mr. Dean noted that he is pleased with the proposed trail. However, he is not pleased with the proposed parking lot which is directly next to his home. Mr. Dean noted that he purchased his property less than two years ago and was happy with the vacant lot next to his property. Mr. Dean stated that he found in the city code that off street parking is to be screened or fenced as identified in the land use ordinance. He asked that attractive perennials be planted and perhaps a berm put in place with an opaque fence. Mr. Dean also raised concerns with drainage and he hopes that the water runoff drains away from his property. Mr. Dean also asked if this parking lot meets the shoreland ordinance requirements for impervious surface. Mr. Exner noted that the parking lot is designed to include 12 parking spaces. Drainage will be addressed with curbing and will flow with the grade of the land. Mr. Exner noted that the parcel is a rather large size and should more than meet the impervious surface requirements. It was suggested that the City plant evergreen trees for screening, however it would affect grading. Mr. Exner noted that a fence may be the best option for grading and drainage, however he will work with the property owner on viable options. Motion by Forcier, second by Christensen, to close public hearing. Council Member Arndt noted that he will be abstaining from voting on this item. Motion carried unanimously. Mr. Exner suggested that the parking lot be bid as an alternate. This would allow for the trail project to proceed even if the parking lot project does not. Motion by Czmowski, second by Christensen, with Arndt abstaining, to approve South Park trail and parking lot improvements project and bidding the parking lot as an alternate bid. 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) PARKS, RECREATION, COMMUNITY EDUCATION 2013 ANNUAL REPORT — DOLF MOON This report will be given at the May 27, 2014, City Council meeting. (b) REVIEW OF DRAFT TRUNK HWY 15/MAIN STREET IMPROVEMENT PROJECT FEASIBILITY STUDY Kent Exner, City Engineer, presented before the Council. Mr. Exner reviewed a feasibility study related to improvements to Trunk Hwy 15/Main Street. This study came out of the recently completed transportation study. First, Mr. Exner reviewed options for street alignment designs. An 11 CITY COUNCIL MINUTES MAY 13, 2014 offset center line option could accommodate more activities in front of storefronts on the west side of the highway. Mr. Exner noted that Mn/DOT requests that their Complete Streets policy be encompassed in the project, which it is. Council Member Arndt commented that he feels the curb should not need to be replaced when the roadway is reconstructed. Mr. Exner also reviewed the base project approach and the alternate project approach included in the study. The actual improvement project may be 10 years out from now, however with the City having this study in place, more funding opportunities may be available. Mayor Cook suggested holding a public open house on the project to gain community feedback. Mr. Exner noted that he feels the open house would be more informational in purpose with him documenting feedback received at the open house. Marc Sebora, City Attorney, mentioned that the City will need to have discussions with Mn/DOT on use of the right -of -way and what uses would be allowed on sidewalks. Mr. Exner commented that even if uses are restricted on the sidewalks, he would be in favor of the designs contemplated in the study to make a more pedestrian- friendly downtown area. (c) REVIEW OF CHARTER COMMISSION RECOMMENDATION PERTAINING TO ORDINANCE NO. 14 -720 — AN ORDINANCE ADOPTING REVISIONS TO SECTION 2.04 OF HUTCHINSON CITY CHARTER — FORM OF GOVERNMENT (MAYORAL TERMS) Marc Sebora, City Attorney, presented before the Council. Mr. Sebora explained that earlier this year, the City Council had adopted an ordinance to increase mayoral terms from two years to four years. As part of that process, the Charter Commission reviewed the ordinance and voted 4 -2 to reject the ordinance. Mr. Sebora explained that the Council will need to decide what action they will take in reference to the Charter Commission recommendation. They can either place the proposed Charter amendment language on the ballot in November for voters to decide as the language has been adopted or not to, based on the Charter Commission recommendation. (d) DISCUSSION OF AMENDMENTS TO FOOD CART ORDINANCE Jeremy Carter, City Administrator, presented before the Council. Mr. Carter explained that some items that staff would like the Council to consider include adding a definition for food stands, deciding if food vendors should be exempt under certain circumstances, such as if they are part of a community event, or have an event organizer obtain an all - encompassing license for all vendors that are part of their grand event. Council Member Arndt commented that many organizations that operate as food vendors are not running their stands for profit, compared to private business vendors. Mayor Cook noted he likes the idea of an "event license" being issued to the event sponsor covering all food vendors included in their event. The Council will continue to think about proposed amendments and provide feedback to staff. (e) DISCUSSION OF PARADE PERMIT FEES Jeremy Carter, City Administrator, presented before the Council. Mr. Carter explained that over the years, organizations have requested the City to waive parade permit fees. Mr. Carter explained that historically there have been approximately six parades held on an annual basis, with each parade permit fee being $30.00. Mr. Carter is suggesting to waive or remove the parade permit fee from the fee schedule, however keep the parade permit application in process. The consensus of the Council is to revise the fee schedule and remove the parade permit fee. A revised fee schedule will be before the Council at its next meeting for consideration. CITY COUNCIL MINUTES MAY 13, 2014 (f) DISCUSSION OF APPOINTMENT OF INTERIM CITY ADMINISTRATOR Mayor Cook suggested holding a special meeting to discuss this item as well as the recruitment process for the City Administrator position due to the resignation of Jeremy Carter, the current city administrator. Mayor Cook suggested holding a meeting immediately following the HUC Rate meeting on Monday, May 19, 2014. Motion by Christensen, second by Forcier, to set special meeting for 11:30 a.m. on Monday, May 19, 2014, to discuss appointment of interim city administrator and recruitment process for City Administrator position. Motion carried unanimously. (g) DISCUSSION OF RECRUITMENT PROCESS FOR CITY ADMINISTRATOR POSITION See Item 9(f). 10. UNFINISHED BUSINESS 11. NEW BUSINESS (a) CONSIDERATION FOR APPROVAL OF SUPPORT FOR THE RIVERSONG FESTIVAL BEING HELD JULY 18 & 19, 2014, AT MASONIC WEST RIVER PARK John Rodeberg, RiverSong Steering Committee, presented before the Council. Mr. Rodeberg explained that this is the sixth year of RiverSong. Mr. Rodeberg explained that nothing has changed from previous years. RiverSong continues to ask for the City's support in providing dust control on Les Kouba Parkway and spraying for mosquitos, striping the parking area, two portable light towers for safety and security after dark, preparing and cleaning up the site and providing equipment, such as gators and tables and chairs. RiverSong pays for the rental of the park and all camp sites during the event, rents extra picnic tables from Park and Recreation and pays for Police Services efforts. Motion by Arndt, second by Christensen, to approve support for the RiverSong Festival being held July 18 & 19, 2014. Mayor Cook asked what is left on the permanent stage. Mr. Rodeberg explained that there is approximately $17,500 left to pay on the stage and RiverSong has $3000 budgeted to pay against it this year. Mayor Cook suggested that perhaps the Council should discuss contributing towards the payment of the stage. Motion carried unanimously. (b) CONSIDERATION OF REQUEST BY SCOTT EXSTED TO DETACH 42 ACRES FROM HUTCHINSON CITY LIMITS LOCATED ALONG HWY 7 EAST — ADOPT RESOLUTION NO. 14278 Jeremy Carter, City Administrator, presented before the Council. Mr. Carter explained that a petition had been submitted by Scott Exsted to detach 42 acres from the city limits. The parcels lie on Hwy 7 east. The petition was submitted to the State of Minnesota. The City and Hutchinson Township must decide whether or not they approve or oppose of the detachment. If both parties agree to the detachment, it will be detached. If both parties agree to oppose the detachment, it will remain in city limits. If one party supports and one party opposes the I CITY COUNCIL MINUTES MAY 13, 2014 detachment, a hearing will be conducted by an administrative law judge to determine whether the land stays within city limits or becomes part of the township. The City would desire to keep the properties within city limits for future economic development and to ensure they stay part of the Gateway plan that moved this land into city limits in the past. With infrastructure being currently in place through the industrial park, it will be more economically feasible to supply infrastructure in the future when economic growth occurs. Staff supports opposing the detachment, which is encapsulated in Resolution No. 14278. Kent Exner explained that engineering staff has been contacted on a regular basis on the timeline of utilities being supplied to this area. Mr. Exner noted that with the utilities being put in place in Energy Park, the City is getting much closer to stretching utilities out to this area. Motion by Arndt, second by Christensen, to approve Resolution No. 14278, opposing land detachment. Council Member Arndt explained that he sat on the Planning Commission and Joint Planning Board when these parcels were annexed into city limits. Council Member Arndt noted that one of the reasons this area was annexed was to provide water service to a potential Hennen's development as well as one other potential future development piece. Both of these developments never came to fruition. Motion carried unanimously. (c) CONSIDERATION FOR APPROVAL OF PROJECT AWARD FOR 2014 STREET SEALCOATING PROJECT — LETTING NO. 4, PROJECT NO. 14 -04 Kent Exner, City Engineer, presented before the Council. Mr. Exner explained that the low bid came in from Allied Blacktop Company of Maple Grove with a bid of $241,984.36. The project is slated to begin around Water Carnival and be complete around McLeod County Fair Time. The project will now exclude 5th Avenue SE and will include portions of Florida, Delaware, Illinois, Shady Ridge and Alaska Court. Motion by Arndt, second by Forcier, to approve project award for 2014 street sealcoating project with the changes noted above. Motion carried unanimously. (d) CONSIDERATION FOR APPROVAL OF PROJECT AWARD FOR CIVIC ARENA PROJECT Jeremy Carter, City Administrator, presented before the Council. Mr. Carter explained that over the past several years, the Facilities Committee has been prioritizing and evaluating the conditions of City facilities. Based on the Facility Condition Index and other criteria, the Burich Arena was identified top on the list of facilities that need to have improvements. On April 8, 2014, the Council approved moving forward with the first phase of renovations at the facility. On May 7, 2014, bids were opened and Commercial Refrigeration from Virginia, Minnesota, submitted the low bid. Staff is recommending to award the bid to Commercial Refrigeration along with an alternate bid to upgrade the electrical system at the East Rink. The base bid from Commercial Refrigeration was $1,598,366 and the alternate bid was $11,979. 7 CITY COUNCIL MINUTES MAY 13, 2014 Motion by Forcier, second by Czmowski, to approve project award for Civic Arena project to Commercial Refrigeration, including the base bid and the alternate #1. Motion carried unanimously. (e) CONSIDERATION FOR APPROVAL OF CONSTRUCTION MANAGEMENT AGREEMENT WITH STEVENS Jeremy Carter, City Administrator, presented before the Council. Mr. Carter is requesting that an agreement be entered into with Stevens Engineers, Inc. to oversee the project improvements to Burich Arena. Stevens Engineers, Inc. specializes in projects of this scope and was involved in creating the bid /specification documents. Dolf Moon, PRCE Director, explained that Stevens Engineers has noted that they will allocate 295 hours to this project and will be available when key components of the project are being implemented. Motion by Christensen, second by Forcier, to approve construction management agreement with Stevens Engineer. Motion carried unanimously. (f) DISCUSSION OF ORDINANCE NO. 14 -720 — AN ORDINANCE ADOPTING REVISIONS TO SECTION 2.04 OF HUTCHINSON CITY CHARTER — FORM OF GOVERNMENT (MAYORAL TERMS) Marc Sebora, City Attorney, presented before the Council. Mayor Cook noted that he would be in favor of drafting an ordinance to repeal this ordinance in light of the Charter Commission's recommendation. Motion by Arndt, second by Czmowski, to request staff to prepare an ordinance to repeal Ordinance No. 14 -720. Motion carried unanimously. (g) CONSIDERATION FOR APPROVAL OF SETTING COUNCIL WORK SESSION TO REVIEW CITY LOCAL EMERGENCY/DISASTER PLAN Jeremy Carter, City Administrator, presented before the Council. Mr. Carter noted that he has been discussing with Dan Hatten, Police Chief, holding an exercise to review the City's local emergency /disaster plan. Proposed dates include any day the first week of June for a three -four hour session. Following the work session, the Police Chief would present an overview of the plan at a City Council meeting. Motion by Christensen, second by Forcier, to set Council workshop for June 2, 2014, at 7:00 a.m. at the Emergency Operations Center to review City local emergency /disaster plan. Motion carried unanimously. (h) CONSIDERATION FOR APPROVAL OF SETTING SPECIAL MEETING FOR MAY 19, 2014, AT 9:00 A.M. AT THE HUTCHINSON CITY CENTER TO DISCUSS HUTCHINSON CITY COUNCIL MINUTES MAY 13, 2014 UTILITIES COMMISSION ELECTRIC INDUSTRIAL RATE CHANGES Motion by Czmowski, second by Forcier, to set Council workshop for May 19, 2014, at 9:00 a.m. to discuss Hutchinson Utilities Commission electric industrial rate changes. 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) EDA BOARD MINUTES FROM MARCH 26, 2014 (b) HUTCHINSON UTILITIES COMMISSION MINUTES FROM MARCH 26,2014; APRIL 7,2014; AND APRIL 11, 2014 (c) LIQUOR HUTCH QUARTERLY REPORT FOR JANUARY — APRIL 2014 (d) REPORT OF SNOW REMOVAL /ICE CONTROL ACTIVITIES (2013/2014 SEASON) 13. MISCELLANEOUS Kevin Buss presented before the Council. Mr. Buss asked the Council what the development plans to the north of the city near Judson Lake are. Mayor Cook commented that the short answer is that the City is focusing on development within city limits and not extending development outside of city limits. Mr. Buss explained that he has a feedlot facility within the joint planning area and he inquired if City Council Members could clarify to the public the processes used for approval processes, which is all carried about by McLeod County. Mary Christensen — Council Member Christensen noted that filing for city offices will begin next week and she intends to file for her seat. Bill Arndt — Council Member Arndt commented that he had been approached by a citizen that suggested that a park shelter be installed at Roberts Park that can include bathroom facilities, cooking facilities and tables. Council Member Arndt also asked if the medians on Hwy 15 South could be painted as they are very difficult to see when it is raining and /or dark. Chad Czmowski — Council Member Czmowski offered condolences to the David Mooney family. Mr. Mooney recently passed away and he was a long -time City employee who took care of the VMF Baseball Field. Jeremy Carter — Mr. Carter announced that he has resigned as the City Administrator as he has accepted the Hutchinson Utilities Commission General Manager position and will begin those duties on May 27, 2014. Kent Exner — Mr. Exner provided a project update which included Jefferson Street. Mr. Exner explained that the project is a difficult one with limited access points and parking issues. Some reflective cracking has occurred within the 2013 pavement management program streets. Hwy 7 West detour has been put in place. Steve Cook — Mayor Cook announced he will be running for re- election 14. ADJOURN 7 CITY COUNCIL MINUTES MAY 13, 2014 Motion by Arndt, second by Christensen, to adjourn at 8:50 p.m.. Motion carried unanimously. 10