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07-08-2014 CCMMINUTES REGULAR MEETING — HUTCHINSON CITY COUNCIL TUESDAY, JULY 8, 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 — Due to the absence of a pastor, the invocation was dispensed. 3. PLEDGE OF ALLEGIANCE 4. RECOGNITION OF GIFTS, DONATIONS AND COMMUNITY SERVICE TO THE CITY 5. PUBLIC COMMENTS 6. MINUTES (a) REGULAR MEETING OF JUNE 24, 2014 Mayor Cook suggested amending the minutes in section 8(a) as follows: "Mayor Cook mentioned that there has been discussion about forming a "Friends of the Luce Line" group and is being considered. The group could help raise money for trail improvements." Motion by Arndt, second by Christensen, to approve the minutes with the amendment noted above. 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. 14301 — RESOLUTION TO SELL AT AUCTION SURPLUS PROPERTY (MAREN BALER/COMPACTOR) 2. RESOLUTION NO. 14302 - RESOLUTION APPOINTING ELECTION JUDGES FOR PRIMARY ELECTION BEING HELD AUGUST 12, 2014 (b) CONSIDERATION FOR APPROVAL OF AGREEMENTS WITH INDEPENDENT SCHOOL DISTRICT 423 FOR GROUNDS MAINTENANCE AND USE OF FACILITIES (c) CONSIDERATION FOR APPROVAL OF GRANT AMENDMENT NO. 1 WITH MN/DOT AERONAUTICS (d) CONSIDERATION FOR APPROVAL OF SUPPLEMENTAL AGREEMENT NO. 1 — LETTING NO. 2, PROJECT NO. 14 -03 (LYNN ROAD) (e) APPOINTMENT OF JO PIEHL TO POLICE COMMISSION TO MAY 2017 (f) CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS — REGISTER A CITY COUNCIL MINUTES JULY 8, 2014 (g) CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS — REGISTER B Items 7(a) 1, 7(e), and 7(g) 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. Item 7(a)1 had further discussion. Marc Sebora, Interim City Administrator, noted that the Creekside manager had checked with McLeod County to see if they could use the baler /compactor, however the County determined the equipment was too dated and they would not have a use for it. Motion by Czmowski, second by Christensen, to approve Item 7(a) 1. Motion carried unanimously. Item 7(e) had further discussion. Council Member Czmowski noted that Jo Piehl is his wife's aunt so he will be abstaining from voting on this item. Motion by Christensen, second by Forcier, with Czmowski abstaining, to approve Item 7(e). Motion carried unanimously. Item 7(g) had further discussion. Council Member Forcier noted he will be abstaining from this item. Motion by Czmowski, second by Christensen, with Forcier abstaining, to approve Item 7(g). Motion carried unanimously. 8. PUBLIC HEARINGS — 6:00 P.M. - NONE 9. COMMUNICATIONS, REQUESTS AND PETITIONS (Purpose: to provide Council with information necessary to craft wise policy. Always looking toward the future, not monitoring past) 10. UNFINISHED BUSINESS (a) DISCUSSION OF HOLDING APPEAL HEARING FOR PLANNING /ZONING DEPARTMENT PROPERTY DECISION Marc Sebora, Interim City Administrator, presented before the Council. Mr. Sebora noted that this item was tabled from the last meeting to allow the requester an opportunity to be present at the Council meeting. Mr. Sebora explained that the individual requesting the hearing is appealing a decision made by the Planning /Zoning Department regarding a permit was not required for work done on a neighbor's property. Mr. Sebora explained that he is aware that the requester has contacted each of the council members via email explaining her interpretation of the situation. He also confirmed that a lawsuit has been filed by the requester against her neighbor for the property issue. For these reasons, Mr. Sebora is recommending that an appeal hearing not be held. Motion by Czmowski, second by Christensen, to not hold an appeal hearing for the property decision as requested. Motion carried unanimously. (b) CONSIDERATION OF ISSUING TAXICAB LICENSE TO NANCY ANGERHOFER Marc Sebora, Interim City Administrator, presented before the Council. Mr. Sebora explained that this item was tabled from the last Council meeting to allow the applicant time to provide City staff with references to be verified as it relates to her application. The applicant did not provide staff any reference information to date, therefore no follow -up has been completed by staff. 2 CITY COUNCIL MINUTES JULY 8, 2014 Motion by Czmowski, second by Arndt, to deny issuing taxicab license to Nancy Angerhofer. Council Member Forcier stated that he did receive a call from an individual stating that the applicant should be granted a license and given a second chance, however because she did not follow through with the information that the Council requested, Council Member Forcier felt that denying the license was appropriate. Motion carried unanimously. 11. NEW BUSINESS (a) REVIEW AND DISCUSSION OF ORDINANCE NO. 14 -731 - AN ORDINANCE PERTAINING TO THE REGULATION OF BREWERS AND CONSIDERATION OF SETTING PUBLIC HEARING Marc Sebora, Interim City Administrator, presented before the Council. Mr. Sebora explained that as a continuation from discussion at the last Council meeting, a revised draft of a proposed ordinance was presented based on comments received from the Council. Additions to the ordinance include definitions of each type of license that is available. Clarification was also made to the taproom license section noting that only malt liquor that is brewed on -site may be consumed on -site. In addition to the taproom section was the ability for a taproom to also operate a restaurant, however the restaurant requirements of a taproom license would not apply as they do to on -sale intoxicating liquor license holders. It was also clarified that a brew pub must be a restaurant with an on -sale intoxicating liquor license. Lastly, the ordinance includes regulations pertaining to brew on premise stores. Mayor Cook clarified what brew pubs are allowed to do, such as sell the malt liquor they brew, as well as other liquor, beer and wine. He also noted that the hours of sales are consistent with that of the liquor store. Motion by Czmowski, second by Christensen, to set first reading for July 22, 2014, and set second reading and public hearing for August 12, 2014, at 5:00 p.m. Motion carried unanimously. (b) CONSIDERATION FOR APPROVAL OF SETTING COUNCIL WORKSHOP TO DISCUSS LIQUOR ORDINANCE AND LAWS Mayor Cook noted that this topic has come up in the past in reference to various sections of the liquor code and the time seems appropriate to discuss now. Motion by Czmowski, second by Forcier, to September 9, 2014, at 4:00 p.m. to discuss liquor ordinance. 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) HUTCHINSON UTILITIES COMMISSION MINUTES FROM MAY 28, 2014 (b) HUTCHINSON HOUSING & REDEVELOPMENT AUTHORITY BOARD MINUTES FROM MAY 20, 2014 (c) RESOURCE ALLOCATION COMMITTEE MEETING MINUTES FROM JUNE 3, 2014 CITY COUNCIL MINUTES JULY 8, 2014 (d) CITY OF HUTCHINSON WEED NOTICES REPORT FOR JUNE 2014 (e) LIQUOR HUTCH FINANCIAL REPORT FOR JANUARY — JUNE 2014 13. MISCELLANEOUS Mary Christensen — Council Member Christensen stated she has been asked why the Lynn Road improvement project is stopping at Clinton Avenue and not running all the way to South Grade Road. Kent Exner explained that the project that is being staged is the full depth road improvements with a full reclaim. Clinton Avenue to South Grade Road will be part of the pavement management program and will be completed later in the season. This is to ensure that similar work applications are being conducted on the appropriate portions of Lynn Road. Gary Forcier — Council Member Forcier commented on Oakland Cemetery. He suggested that Council and staff review the cemetery ordinance and consider allowing bicycles within the cemetery. He asked that this be considered as there are many bicyclists that visit the cemetery. Council Member Forcier also suggested that dogs should be allowed in the cemetery as long as they are on leashes. Council Member Forcier lastly mentioned that he is still working on directional signage for the Fairgrounds. Chad Czmowski — Council Member Czmowski mentioned that a food truck has been operating outside of Best Buy. He believes this food truck also operates in the City of Glencoe as well. Council Member Czmowski inquired if they have a license. They do not and staff will follow up. Kent Exner — Mr. Exner provided an update on the Jefferson Street project. 14. ADJOURN Motion by Arndt, second by Christensen, to adjourn at 6:05 p.m. Steven W. Cook Mayor 11 ATTEST: Marc A. Sebora Interim City Administrator