Loading...
06-24-2014 CCMMINUTES REGULAR MEETING — HUTCHINSON CITY COUNCIL TUESDAY, JUNE 24, 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 Marc Sebora, Interim City Administrator, Kent Exner, City Engineer and Jody Winters, Attorney 2. INVOCATION — Pastor Kevin Oster, Our Savior's Lutheran Church, delivered the invocation. 3. PLEDGE OF ALLEGIANCE 4. RECOGNITION OF GIFTS, DONATIONS AND COMMUNITY SERVICE TO THE CITY Council Member Forcier acknowledged the great performances of "Smoke on the Mountain" held at the historical church on Second Avenue SE last week. Mayor Cook noted that Commodore Steve Kropp had sent a thank you to the City for their support of the Jaycee Water Carnival Council Member Arndt thanked the individual who cut the weeds in front of City Center. 5. PUBLIC COMMENTS John Lofdahl, 542 Jefferson Street, presented before the Council. Mr. Lofdahl noted that breweries will be discussed later on in the agenda, and he brought up the question as to why Sonora's is no longer allowed to sell/allow liquor at their sidewalk cafe. Marc Sebora, Interim City Administrator, and the Council noted that this is something that may be considered with future ordinance revisions. Craig Bishop, 221 Freemont Avenue, presented before the Council. Mr. Bishop noted he will have questions on the Bicycle Friendly matter that will be discussed at 6:00 p.m., during the public hearing. 6. MINUTES (a) REGULAR MEETING OF JUNE 10, 2014 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 1. RESOLUTION NO. 14292 — RESOLUTION AMENDING THE ESTABLISHED INCOME GUIDELINES & ASSET LIMITATIONS FOR SENIOR AND DISABLED CITIZENS, ACTIVE DUTY MILITARY RESERVES OR NATIONAL GUARD DEFERRED ASSESSMENTS AND /OR SENIORS REDUCED REFUSE RATE. 2. RESOLUTION NO. 14295 — A RESOLUTION AMENDING THE GENERAL FUND BUDGET FOR FISCAL YEAR 2014 3. RESOLUTION NO. 14296 — A RESOLUTION AMENDING THE WATER FUND BUDGET FOR FISCAL YEAR 2014 CITY COUNCIL MINUTES JUNE 24, 2014 (b) CONSIDERATION FOR APPROVAL OF IMPROVEMENT PROJECT CHANGE ORDERS AND SUPPLEMENTAL AGREEMENTS — SUPPLEMENTAL AGREEMENT #4 (LETTING NO. 1, PROJECT NO. 13 -01 — JEFFERSON STREET SE FROM WASHINGTON TO OAKLAND) (c) CONSIDERATION OF CREEKSIDE BOARD APPOINTMENTS - KURT HJERPE TO OCTOBER 2014 - SANDRA KAUFMAN TO OCTOBER 2015 (d) CONSIDERATION FOR APPROVAL OF ISSUING TEMPORARY LIQUOR LICENSE TO HUTCHINSON CENTER FOR THE ARTS FOR THE RIVERSONG MUSIC FESTIVAL ON JULY 18 AND 19, 2014 (e) CONSIDERATION FOR APPROVAL OF PARKS SUPERVISOR JOB DESCRIPTION (f) CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS — REGISTER A (g) CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS — REGISTER B Item 7(g) was pulled for separate action. Motion by Christensen, second by Arndt, to approve consent agenda with the exception of Item 7(g). Motion carried unanimously. Motion by Czmowski, second by Arndt, with Forcier abstaining, to approve Item 7(g). Motion carried unanimously. 8. PUBLIC HEARINGS — 6:00 P.M. (a) BICYCLE FRIENDLY ROUTE IMPROVEMENTS PROJECT (LETTINGNO. 10, PROJECT NO. 14 -10) Kent Exner, City Engineer, presented before the Council. Mr. Exner reviewed the project, which overall is encompassed in the City's transportation plan. Mr. Exner noted that over the years, the City has built a substantial trail corridor system. Mr. Exner compared the proposed project to the current bike lane system that is in place in the city. Mr. Exner also reviewed a diagram of what the striping and signage may look like if/when the project is implemented. Mr. Exner explained that the estimate of the signage and markings totals approximately $43,830.00. Mr. Exner stressed that this is an estimate only and no quotes have been received. Mr. Exner noted that it is anticipated that the lanes will need to be restriped every two -three years depending on the type of winter weather. An annual maintenance cost overtime is estimated at $10,000. Mr. Exner noted that approximately 80% is being implemented of what was identified in the transportation plan. A few current bike lanes are p oposed to be removed. They are located on portions of Roberts Road SW, Linden Avenue SW and 5 Avenue SE. Mr. Exner identified the various streets of which the proposed bicycle friendly route is proposed. Craig Bishop, 221 Freemont Avenue, presented before the Council. Mr. Bishop asked if the City has a count of the number of bicyclists in the city. Mr. Bishop expressed that he feels this project is not necessary. Mr. Bishop expressed that he feels bicyclists should pay for this type of project. Ralph Hakel, 525 Bluff Street NE, presented before the Council. Mr. Heckel asked the merit and feasibility of the project. Mr. Heckel asked if the purpose of the project was for safety reasons or simply to designate areas for bicycle traffic. Mr. Heckel asked what value this project brings to the community. 2 CITY COUNCIL MINUTES JUNE 24, 2014 Mayor Cook explained that this project's purpose is to identify routes that are safer in nature, as well as bringing better awareness of bicycles to motorists. Another purpose is to bring more connectivity from trails to bicycle routes. This will be advantageous to visitors who bicycle within the community. Mr. Heckel also asked about the hashed out turn lane at the intersection of Bluff Street/Hwy 7. Mr. Exner explained that it is a thru -way turn lane and is hashed out mainly due to there not being enough room for a designated turn lane. John Lofdahl, 542 Jefferson Street, presented before the Council. Mr. Lofdahl explained that he fully supports the project. Diane Robinson, 760 Hillcrest Road, presented before the Council. Ms. Robinson objects to the project and feels that bicyclists should pay for the project. Paul Brown, 445 Hassan Street SE, presented before the Council. Mr. Brown noted he is in support of the project. Mayor Cook spoke of the Light Traffic Plan that was adopted in 1996 which speaks of bike lanes and signage, etc. and the overall plan and development for bicyclists. Motion by Forcier, second by Christensen, to close the public hearing. Motion carried unanimously. Council Member Arndt commented that avid bicyclists have asked that a bicycle tax be put in place on state trails, and the legislators will not consider it. Mayor Cook mentioned that forming a "Friends of the Luce Line" group has been discussed and is being considered. The group could help raise money for trail improvements. Motion by Christensen, second by Cook, with Czmowski abstaining, to approve bicycle friendly route improvements project with a not to exceed amount of $45,000. Council Member Forcier asked that the project come back to the Council for final approval after quotes are received. Council Member Christensen amended her motion to require that the quotes come back to the Council for final approval, second by Forcier. Motion carried unanimously. Kent Exner explained that the project delivery timeline is most likely 8 -10 weeks from final approval. Mayor Cook asked about proposed bicycle racks. Kent Exner noted that, at this point, permanent installations have been considered at Gateway Park, Library Square, the Depot site and another location to be determined. Mayor Cook suggested bicycle racks in City parking lots may encourage individuals to bike to work. Mr. Exner suggested that the new Bicycle/Pedestrian committee address this issue. Some of the proposed permanent bicycle racks can cost $4000 - $4500. Mr. Exner will come back to the Council with a comparison of different styles of bicycle racks and costs. 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) TRANSFER OF FEDERAL AVIATION ADMINISTRATION ENTITLEMENTS John Olson, Public Works Manager, presented before the Council. Mr. Olson explained that every year, airports are allotted a certain amount of funds that can be used over three years. If the funds are not used, they will be lost. However, funds may be entitled to other municipal airports. In this case, the City of Dodge Center had additional funds that had not been utilized and are therefore being entitled to the City of Hutchinson with no reciprocation required. (b) PRESENTATION OF 2013 PUBLIC WORKS ANNUAL REPORT Kent Exner, City Engineer, presented before the Council. Mr. Exner provided an overview of the various areas that comprise the public works department, which include engineering, operations & maintenance and water & wastewater. Mr. Exner reviewed the organization make up and department staff. Mr. Exner also reviewed the core and essential services. Mr. Exner reviewed the group's goals and objectives for both 2013 and 2014. CITY COUNCIL MINUTES JUNE 24, 2014 Mayor Cook suggested that in the future all of the departments' annual reports tie in specifically to the City's ends statements. (c) REVIEW OF HUTCHINSON TRAFFIC ORIGIN - DESTINATION STUDY FINAL DRAFT Kent Exner, City Engineer, presented before the Council. Mr. Exner explained that both MnDOT and McLeod County are partners in this study. Mr. Exner reviewed the data collected as part of the study. The study is on file in the engineering department. Mr. Exner explained that upon submittal of the study, Mn/DOT will reimburse the city the costs incurred by the City, or approximately $13,000. (d) DISCUSSION OF HOLDING APPEAL HEARING FOR PLANNING /ZONING DEPARTMENT PROPERTY DECISION Marc Sebora, Interim City Administrator, presented before the Council. Mr. Sebora explained that a couple of years ago, the planning /zoning department determined that a building permit was not necessary for work done to a driveway located at 725 Glen Street SW. A neighbor to that property has requested that this decision be appealed. Mr. Sebora explained that the individual requesting the hearing was unable to be here this evening, and therefore asked that this item be tabled until the next Council meeting. Motion by Arndt, second by Christensen, to table this item to the July 8, 2014, City Council meeting. Motion carried unanimously. (e) DISCUSSION OF WAYFINDING SIGNAGE Dan Jochum, Planning Director, presented before the Council. Mr. Jochum explained that upon completion of the Downtown Plan, an implementation item that was deemed a priority was the creation of wayfinding signage to help motorists, pedestrians and bicyclists navigate to various points of interest in Hutchinson. A subcommittee was formed to implement portions of the Downtown Plan including wayfinding signage. The thought of the subcommittee was to have three types of signage: larger "gateway" signs noting Downtown Hutchinson or something similar; kiosks with maps and visitor information located in areas such as Gateway Park, Library Square and possibly the Depot site; and "placard" signs that would point users to key locations in the Downtown area. Mr. Jochum shared examples of each of these different types of signage. Mr. Jochum asked for direction from the Council on how to proceed with this signage project. The Council directed staff to obtain quotes for various signage options. Mr. Jochum will do so and provide information back to the Council. 10. UNFINISHED BUSINESS (a) CONSIDERATION OF ISSUING TAXICAB LICENSE TO NANCY ANGERHOFER Marc Sebora, Interim City Administrator, explained that this item was tabled from the last Council meeting in order for the Council to consider more information from the applicant. The Police Chief had indicated that he was recommending denial of the application based on poor moral character based on information gleaned from the applicant's background investigation. Mr. Sebora reviewed some of the items that went into the police chief's recommendation. Motion by Arndt, second by Cook, to deny the taxi cab license application. Nancy Angerhofer, applicant, presented before the Council. Ms. Angerhofer explained that she has taken care of her past wrongdoings and has addressed all penalties. Ms. Angerhofer explains that she is doing well and operates a taxi business in the City of Alexandria, Minnesota. Ms. Angerhofer's intentions are to relocate to Hutchinson to open a taxi business in Hutchinson, while continuing to 11 CITY COUNCIL MINUTES JUNE 24, 2014 operate her business in Alexandria. Ms. Angerhofer spoke of various contracts she has with Douglas County Social Services and nine group homes. Mayor Cook suggested staff contacting Ms. Angerhofer's references. Council Member Arndt withdrew his motion. Motion by Czmowski, second by Forcier, to table this item to July 8, 2014, to allow Ms. Angerhofer an opportunity to provide references and staff a chance to contact them. In addition, the Council will consider conditions to be placed on the license. Motion carried unanimously. 11. NEW BUSINESS (a) CONSIDERATION FOR APPROVAL OF ESTABLISHING A REVISED PERSONNEL POLICY — ADOPTING RESOLUTION NO. 14293 Brenda Ewing, Human Resources Director, presented before the Council. Ms. Ewing explained that various laws were enacted in the 2014 legislative session that have affected the City's personnel policy. Ms. Ewing reviewed the proposed revisions which include amendments to sections of the EEO policy statement, sick leave, parental leave /family medical leave, light duty /modified duty assignment, school conference leave, victim or witness leave, elections /voting, rest periods /meal breaks /holidays and smoke -free policy. Motion by Forcier, second by Czmowski, to approve Resolution No. 14293. Motion carried unanimously. (b) CONSIDERATION FOR APPROVAL OF VARIANCE TO PERMIT ALLOWABLE LOT COVERAGE FROM 25% TO 50% AT 1260 7TH AVENUE NW AS REQUESTED BY PARTNERS 3 OF HUTCHINSON, LLC WITH FAVORABLE SPLIT PLANNING COMMISSION VOTE (ADOPT RESOLUTION NO. 14294) Dan Jochum, Planning Director, presented before the Council. Mr. Jochum explained that at the Planning Commission meeting last week, the Planning Commission voted 4 to 1 to increase the allowable lot coverage from 25% to 50% at 1260 7th Avenue NW. The DNR has asked that the Council deny the request and keep the lot coverage at 25 %. The applicant has submitted plans that indicate the lot coverage would be 43 %. The applicant has stated that the unique circumstance of the lot is that other properties in the same plat area do not meet the 25% lot coverage. The practical difficulty provided for the variance is that if a home /garage were to be built to totally comply with requirements, the final project of the home would not fit into the established neighborhood concept and would look out of character for the location. Mr. Jochum explained the three -part test for proving a practical difficulty for granting a variance. Doug Kephart, applicant, explained that the proposed home is being built slab on grade. The reason for the oversized garage is to compensate for the lack of the basement. Mr. Kephart noted that the shoreland lot coverage ordinance has been sparsely enforced. Mr. Kephart noted that he built the home on the adjacent lot ten years ago and impervious surface requirements were never mentioned. The design of the home should not be compromised, however the applicant is willing to decrease the impervious surface coverage to 43% which is 3% less than the home next to the lot. If the garage is over 1000 sq. ft., the applicant will need to come back to the Planning Commission for a conditional use permit. CITY COUNCIL MINUTES JUNE 24, 2014 Motion by Forcier, second by Arndt, to approve the variance with 43% impervious surface lot coverage. The Council felt that the home will fit into the neighborhood character. Motion carried unanimously. (c) CONSIDERATION FOR APPROVAL OF WORK ORDER AND APPLICATION FOR GRANT FOR 2014 -2015 AIRPORT PROJECT John Olson, Public Works Manager, presented before the Council. Mr. Olson explained that the work order before the Council is with Bolton & Menk, the City's airport engineer and is contingent upon the City's receipt of a 2014 FAA and MnDOT grant. The work proposed is for design and engineering for a rehabilitation project for the runway, taxiway and apron with design/engineering being completed in 2014 and construction in 2015. The majority of the project will be funded at 90% by the FAA, 10% by the City with a smaller portion of the apron being funded by MnDOT and the City. The City's financial responsibility for the City will be just under $10,000 with approximately $93,000 being included in the 2015 general obligation improvement bonds for construction. Motion by Forcier, second by Christensen, to approve work order #3 contingent on receipt of FAA and MnDOT grant, direct staff to apply for grant and budget for project in 2015 GO construction bond. Motion carried unanimously. (d) CONSIDERATION FOR APPROVAL OF PROJECT AWARD FOR SOUTH GRADE ROAD TRAIL AND PARKING LOT IMPROVEMENTS PROJECT (LETTING NO. 9, PROJECT NO. 14 -09) Kent Exner, City Engineer, presented before the Council. Mr. Exner explained that staff is requesting that bids be rejected in entirety due to the higher than estimated bids received. Mr. Exner is recommending that bids be readvertised as an addendum to be included in the pavement management project (Letting No. 3, Project No. 14 -03). Staff is proposing to advertise the project with several alternate bids for specific streets. The base bid for the project would be for Dale Street SW, Lynn Road SW, Hwy 15 Service Road, Michael Court, 5th Avenue SE former RR crossing patch and Hutchinson Health parking lot. Alternate No. 1 would be for the South Grade Road Trail with no parking lot. Alternate No. 2 would be for Freemont Avenue SE. Alternate No. 3 would be for Century Avenue trail overlay. The objective of bidding the project in this way is to solicit more favorable bids for all of the work. Hopefully by increasing the project scope and allowing for late season construction, more cost - effective bids will be received. Also, by breaking out the project with alternates, the Council will have a better opportunity to determine what work should be funded this year. Motion by Czmowski, second by Forcier, to reject all bids for Letting No. 9, Project No. 14 -09. Motion carried unanimously. Motion by Forcier, second by Czmowski, to approve revised Publication No. 8061. Motion carried unanimously. (e) DISCUSSION OF DRAFT ORDINANCE PERTAINING TO BREWERS I CITY COUNCIL MINUTES JUNE 24, 2014 Marc Sebora, Interim City Administrator, presented before the Council. Mr. Sebora provided a draft ordinance for discussion purposes pertaining to brewers, specific to brew pubs and taprooms. Mr. Sebora reviewed sample ordinance language that regulates taprooms, small brewer off - sales, as well as on -sale and off -sale brew pubs. Mr. Sebora explained that any type of brewer must obtain a manufacturer's permit from the state. Upon receipt of that permit, a manufacturer may then apply to obtain a brewer's license or a brew pub license. A brewer may also apply to obtain a taproom license, which is for on -sale consumption of the malt liquor brewed on premise. A brewer may also apply for a brewer off -sale license that allows for them to sell their product for off -sale consumption in the form of growlers. A manufacturer, whom also has a restaurant and on -sale intoxicating liquor license, may apply for a brew pub license, which allows for consumption on the premise. A brew pub may also apply for an off -sale license, which allows for consumption off -site. Mr. Sebora also noted that the Council will need to consider if zoning requirements should be put in place for these types of licenses. Some discussion was held regarding a brew on premise store which is a business open to private individuals for them to brew their own beer and take home. No state license is required for this type of activity, however the Council may want to address this in an ordinance. Mayor Cook expressed that he feels it would be a good idea for the Planning Commission to discuss this item and determine if breweries should be allowed in certain areas of the city. Mayor Cook also noted that some type of language needs to be placed into the ordinance noting that there is not a food requirement for taprooms. Dan Jochum, Planning Director, mentioned that the City of Waconia has a new brewery opening soon. Mr. Jochum also mentioned that the City of Victoria has had a brewery open for approximately one year and there have been no issues. Mr. Jochum will have this item on the July Planning Commission agenda for them to discuss. Direction to staff from the Council to include in the ordinance is to allow taprooms with both on- sale and off -sale; brew pubs with both on -sale and off -sale and to allow brew on premise stores. The Council also noted that brewers should have the option to have on -sale or off -sale but are not required to have both. (f) CONSIDERATION FOR APPROVAL OF RESOLUTION NO. 14300 — A RESOLUTION ESTABLISHING A BICYCLE - PEDESTRIAN ADVISORY COMMITTEE Marc Sebora, Interim City Administrator, introduced Michelle Breidenbach of the Bicycle Alliance of Minnesota. Ms. Breidenbach explained that the City has completed a preliminary application to be submitted to achieve the Bicycle Friendly Community designation. Ms. Breidenbach noted that the Bicycle Alliance of Minnesota is reviewing the application and assisting the City with completing more details on the application. Ms. Breidenbach explained that there are five major areas that are considered in achieving the Bicycle Friendly Community designation. They are in the areas of engineering, education, evaluation, enforcement and encouragement must be met. In each area, at least 100 questions are asked specifically to those areas on the Bicycle Friendly Community application. Ms. Breidenbach reviewed the areas of the Alliance's assessment report that was completed on the City's current bicycle system, as well as areas that could be improved on the application. The deadline for the application is August 14, 2014. The City has established a bicycle coordinator and with the action this evening, will also be forming a Bicycle Pedestrian Advisory Committee. 7 CITY COUNCIL MINUTES JUNE 24, 2014 Mr. Sebora mentioned that a revised Resolution was distributed for the Council to consider. The Resolution establishes a Bicycle- Pedestrian Advisory Committee that will serve as an advisory committee to the City Council and the PRCE Board. Mayor Cook suggested that the language pertaining to the board adopting its own bylaws be removed, since other committees of the City do not have its own bylaws. Motion by Forcier, second by Christensen, to approve revised Resolution No. 14300, with the removal of the bylaw language. Council Member Czmowski noted he will be abstaining from this item. Motion carried unanimously. Mayor Cook mentioned that the City will advertise for seats on the committee. If anyone is interested, they should contact Administration. 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) CITY OF HUTCHINSON FINANCIAL REPORT AND INVESTMENT REPORT FOR MAY 2014 (b) CITY OF HUTCHINSON LOCAL SALES TAX QUARTERLY UPDATE (c) PLANNING /ZONINGBUILDING DEPARTMENT MONTHLY REPORT FOR MAY 2014 (d) PLANNING COMMISSION MINUTES FROM MAY 20, 2014 13. MISCELLANEOUS Bill Arndt — Council Member Arndt asked that the Hutchinson sign on the north end be cleaned up of weeds. Marc Sebora — Mr. Sebora spoke of a detachment hearing that had been requested by Scott Exsted who has requested that a parcel along Hwy 7 East be detached from the City limits. The administrative law judge that heard the hearing ordered that a mediator be selected by the parties to proceed. Kent Exner - Mr. Exner spoke of the MNWarn program that assists other cities with natural disaster reactions, such as the flooding rain event that was had last week. Mr. Exner also spoke of the city's water infrastructure system and its inflow on large rain events. Mr. Exner spoke of the City's sealcoating project that is currently ongoing. Due to weather conditions, the project maybe delayed. Steve Cook - Mayor Cook mentioned that a meeting was held regarding the Luce Line Trail project and the timeline. The project is going to be completed, however it has been suggested to bid the project in mid- February in hopes of receiving the early, competitive bids. Mayor Cook spoke of Hwy 212 improvement efforts and funding sources and the necessity of the assistance of the legislators. Mayor Cook spoke of the canoe and kayak rentals that are available at West River. Mayor Cook asked that the word be spread. Council Member Arndt commented on Les Kouba parkway and the need for grading 14. ADJOURN CITY COUNCIL MINUTES JUNE 24, 2014 Motion by Arndt, second by Forcier, to adjourn at 9:05 p.m. Motion carried unanimously.