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07-22-2014 CCMMINUTES REGULAR MEETING — HUTCHINSON CITY COUNCIL TUESDAY, JULY 22, 2014 I . CALL TO ORDER — 5:30 P.M. Mayor Steve Cook called the meeting to order. Members present were Gary Forcier, Bill Arndt and Chad Czmowski. Council Member absent was Mary Christensen. 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 Sandra Gilbertson, 950 Luedtke Lane, presented before the Council. Ms. Gilbertson noted that her and her husband have owned their property since 1977. Ms. Gilbertson noted that the City constructed a trail nine years ago that runs past the front of their home. Snow used to be plowed and stored on the right of way prior to the trail installation. Since the trail was installed, now the snow from the road and trail is blown past the right -of -way and on to the Gilbertson's property. Snow has been blown onto their property since 2005, and in some instances up to 40 feet. Ms. Gilbertson stated that the trail ends only a few inches from the road right -of -way. Ms. Gilbertson requested that the snow stop being plowed from the trail as it currently is. Ms. Gilbertson stated that City staff has been contacted since March with multiple meetings being held. Ms. Gilbertson stated that even with these meetings, she has been informed that there is no guarantee that there will never be snowed blown onto her property. Ms. Gilbertston stated that severe damages have occurred on her property due to this improper snow removal. Ms. Gilbertson requested to receive a written statement stating that trail workers will not violate the Gilbertson's property rights and she also requested to see a snow removal plan within the next two weeks. Ms. Gilbertson noted that she is personally serving the mayor a letter from her attorney regarding this issue. Roger Olson, American Legion, presented before the Council. Mr. Olson explained that the Legion is working on closing and selling their property located on Third Avenue SE. Mr. Olson explained that effective August 1, 2014, the private property parking lot behind the legion that runs along the alley between Main Street and Hassan Street will be blocked off so travelers in the alley will have to run all the way north on the alley to exit the alley. 6. MINUTES (a) REGULAR MEETING OF JULY 8, 2014 Motion by Arndt, second by Czmowski, 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 (b) PLANNING COMMISSION ITEMS CONSIDERATION OF DENYING CONDITIONAL USE PERMIT AND SITE PLAN TO ADD A DRIVE -UP TO THE MIDCOUNTRY BANK FACILITY IN THE PARKING LOT LOCATED AT 210 HASSAN STREET SE BASED ON THE RECOMMENDATION OF THE PLANNING COMMISSION TO DENY (ADOPT RESOLUTION NO. 14304) CITY COUNCIL MINUTES JULY 22, 2014 (c) CONSIDERATION FOR APPROVAL OF ISSUING CATERER'S PERMIT TO J &N SCHLAGEL ENTERPRISES, II, ON AUGUST 23, 2014, AT HUTCHINSON EVENT CENTER (d) CONSIDERATION FOR APPROVAL OF REAFFIRMING CITY DATA PRACTICES POLICY (e) CONSIDERATION FOR APPROVAL OF ITEMS FOR 2014 PAVEMENT MANAGEMENT PROGRAM PROJECT (LETTING NO. 3, PROJECT NO. 14 -03) (f) CONSIDERATION FOR APPROVAL OF ISSUING TRANSIENT MERCHANT LICENSE TO KEITH HEIKES FOR FURNITURE TENT SALE AT THE HUTCHINSON MALL FROM JULY 25 — AUGUST 3, 2014 (g) CONSIDERATION FOR APPROVAL OF ISSUING TRANSIENT MERCHANT LICENSE TO JAY MALONE FOR CAR SALE AT THE HUTCHINSON MALL FROM AUGUST 11 — 16, 2014 (h) CONSIDERATION FOR APPROVAL OF RENEWING FOOD VENDOR LICENSE TO RAFAEL JIMENEZ (i) CONSIDERATION FOR APPROVAL OF ISSUING MCLEOD COUNTY AGRICULTURE ASSOCIATION A SHORT -TERM 3.2 MALT LIQUOR LICENSE ON AUGUST 13, 2014, AND A TEMPORARY LIQUOR LICENSE FROM AUGUST 14-17,2014, FOR THE MCLEOD COUNTY FAIR (j) APPOINTMENTS TO PARKS, RECREATION, COMMUNITY EDUCATION BOARD - MARLYS HOEFT TO AUGUST 2015 (FILLING UNEXPIRED TERM OF BETSY CZMOWSKI) - DON DEMEYER TO AUGUST 2016 (FILLING UNEXPIRED TERM OF ERIC OPLAND) (k) CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS — REGISTER A (1) CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS — REGISTER B Items 7(b) 1, 7(e), and 7(1) were pulled for separate discussion Motion by Czmowski, second by Forcier, to approve consent agenda with the exception ofthe items noted above. Motion carried unanimously. Item 7(1 had further discussion. Council Member Czmowski noted he will be abstaining from this item. Motion by Forcier, second by Arndt, with Czmowski abstaining, to approve Item 7(1). Motion carried unanimously. Item 7(b)1 had further discussion. Dan Jochum, Planning Director, presented before the Council. Mr. Jochum provided an overview of the site plan and then shared the concerns of the Planning Commission which resulted in the recommendation to deny. Mr. Jochum explained that the site plan 2 CITY COUNCIL MINUTES JULY 22, 2014 includes MidCountry Bank constructing a bank drive - through with three service points. This request requires a major change in traffic flow and parking in this area, as well as a land transaction. The land transaction includes the parcel that is being discussed, which is currently owned by the City. A parcel currently owned by the American Legion, which MidCountry Bank has an option on, would potentially be conveyed to the City as part of this proposal. Staff was not concerned with a lack of parking spaces available as they felt other spaces were available within the area. Mr. Jochum noted that he felt the Planning Commission's main concern was the traffic flow, which was an opposing one -way concept. Craig Almquist, MidCountry Bank, presented before the Council. Mr. Almquist explained that SEH Engineering was hired to conduct a traffic study and prepare a report on the concept. Mike Kotila, SEH Engineering, presented before the Council. Mr. Kotila explained SEH's recommendations pertaining to traffic issues with the proposed plan. Mr. Jochum also explained that City staff had conducted an informal traffic survey on the bank's south drive -thru location. Staff conducted the survey on a Friday from 4 -6pm, a Saturday from 9:00- 11:30am and a Monday from 11:30am- 1:OOpm. This survey showed one car every one -two minutes with stacking not being a large issue. Mayor suggested adding another drive -thru lane to alleviate any stacking issues. There was discussion of turning the plan to run east -west, however the plan would eliminate six additional parking spaces within the parking lot. Dan Jochum also noted that one of the conditions that had been discussed was to require MidCountry Bank employees to park in other lots than where the project may be located. Discussion was held to extend the review period 60 days. Council Member Forcier noted that he liked the idea of getting more people downtown and this project would encourage that. Mayor Cook suggested holding workshop with the City Council, Planning Commission, the applicant and SEH to work out details and review concepts. Mr. Almquist spoke of the tube system, which would be preferred to run underground, thus would make it best in the location where it is proposed. Council Member Arndt, Council rep to Planning Commission, explained that all six Planning Commissioners had different ideas on the concept. One of the main issues discussed was the traffic turns onto Hassan Street from the parking lot. Mr. Exner asked for clarification of the Council's expectation of staff if an extension is granted and further concepts are studied. Motion by Arndt, second by Cook, to override Planning Commission recommendation and approve project (site plan and conditional use permit) and grant staff the ability to work with applicant to complete details to make the project viable. Roll call vote: Arndt — aye; Cook — nay; Forcier — nay; Czmowski — nay; Cook — nay. Motion failed 3 to 1. Mayor Cook noted that he would like to see a third drive thru lane constructed and have the exits onto Hassan Street reviewed in more detail. Jody Winters, Attorney, noted that she felt it might be best for the Council to grant an extension and have staff come back with a firm plan to be considered. Ms. Winters had concerns with leaving it open to staff and the applicant to complete the plan and not have the Council have a final vote on the plan. Motion by Forcier, second by Cook, to grant 60 -day extension for review by Council. Roll call vote: Arndt — nay; Forcier — aye; Czmowski — aye; Cook — aye. Motion carried 3 to 1. It was noted that main items to be reviewed were to add a third lane and better egress onto Hassan Street. Item 7(e) had further discussion CITY COUNCIL MINUTES JULY 22, 2014 Kent Exner explained that a revised Resolution was distributed due to bids being opened yesterday morning. The low bid came in lower than the engineer's estimate. This action orders the assessment hearing. Motion by Czmowski, second by Arndt, to approve Item 7(e). 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 11. NEW BUSINESS (a) SUMMARY REVIEW OF 2013 AUDITED FINANCIAL STATEMENTS Kyle Meyers, Abdo, Eick and Meyers - City Auditor, presented before the Council. Marc Sebora, Interim City Administrator, explained that a workshop was held prior to the Council meeting that detailed the 2013 audit report. Mr. Meyers presented before the Council. Mr. Meyers noted that no findings were had as part of the report, as the City has good reporting mechanisms and internal controls. Mr. Meyers also spoke to the favorable build -up of capital funds as well as the good financial position of the City. Motion by Czmowski, second by Forcier, to approve 2013 audited financial statements. Motion carried unanimously. (b) ORDINANCE NO. 14 -731 - AN ORDINANCE PERTAINING TO THE REGULATION OF BREWERS (FIRST READING; SECOND READING AND PUBLIC HEARING SET FOR AUGUST 12, 2014) Marc Sebora, Interim City Administrator, explained that this ordinance is the same draft ordinance that was presented to the Council at the July 8, 2014, Council meeting. The Council will be holding a public hearing on August 12, 2014, at 5:00 p.m. to receive comments on the ordinance. At that meeting, the Council may also have its second reading and adoption of the ordinance. The Planning Commission also discussed this item and at its August meeting will be including what zoning areas brewers can be located. Mayor Cook suggested amending language in 112.202(a)(4) to not require "Not for Consumption..." and stating that the name and address of the brewer can be placed on the bottle and not only on the seal. Motion by Czmowski, second by Forcier, to approve ordinance with the amendments noted above. Motion carried unanimously. (c) CONSIDERATION FOR APPROVAL OF PROJECT AWARD FOR BICYCLE - FRIENDLY ROUTE IMPROVEMENTS PROJECT (LETTING NO. 10, PROJECT NO. 14 -10) Kent Exner, City Engineer, presented before the Council. Mr. Exner explained that this project includes signage and pavement markings, as well as four stencils that will remain in the City's possession. Two quotations were received for the markings and two 11 CITY COUNCIL MINUTES JULY 22, 2014 quotations from sign installation contractors. Based on the quotations received, City staff requests that the Council consider approving the project at a not -to- exceed amount of $42,500 which includes an approximate 10% contingency amount for construction unknowns or variations. This project will be paid for from the community improvement fund. Mayor Cook noted that 2/3 of this project is for the signage installation, which will last 20 -30 years. It was noted that education and enforcement need to be improved as part of the implementation of this project. Motion by Arndt, second by Cook, to approve project award for Bicycle - Friendly Route Improvements Project. Council Member Czmowski noted that he will only be abstaining from items if there is a legal conflict of interest and not a perceived conflict of interest. Roll call vote was taken: Arndt — aye; Forcier — nay; Czmowski — aye; Cook — aye. Motion carried 3 to 1. (d) DISCUSSION OF MCLEOD COUNTY FAIRGROUNDS DIRECTIONAL SIGN Dan Jochum, Planning Director, presented before the Council. Mr. 7ochum explained that the McLeod County Fair Board has been discussing directional signage for the Fairgrounds. In order to have off - premise signage, the Council must determine that it is a "community sign ". The proposed sign is located in conjunction with the McCormick's Restaurant sign located near the corner of Hwy 15 South/Century Avenue. Mayor Cook mentioned that several discussions have been held to find a location for a community sign in the area, however there were no good fits. This location seems to be a good alternative. There are no sign standards for community signs, but rather to keep in mind the scale of the sign as it is connected with the McCormick's sign. Motion by Czmowski, second by Arndt, to approve "McLeod County Fairgrounds" as community signage. The sign will be purchased by the McLeod County Fairgrounds and not the City. Motion carried unanimously. (e) CONSIDERATION FOR APPROVAL OF SETTING AUGUST 15, 2014, TO CANVASS PRIMARY ELECTION RESULTS Marc Sebora explained that the Council must set a date and time to canvass the municipal election results from the Primary election being held August 12, 2014. State law requires that the canvass meeting be held three days following the Primary election, which is August 15, 2014. Motion by Forcier, second by Cook, to set canvass meeting for August 15, 2014, at 8:00 a.m. 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) PUBLIC LIBRARY BOARD MINUTES FROM JUNE 23, 2014 5 CITY COUNCIL MINUTES JULY 22, 2014 (b) HUTCHINSON HOUSING & REDEVELOPMENT AUTHORITY BOARD MINUTES FROM JUNE 17, 2014 (c) PLANNING, ZONING, BUILDING DEPARTMENT MONTHLY REPORT FOR JUNE 2014 (d) CITY OF HUTCHINSON FINANCIAL REPORT AND INVESTMENT REPORT FOR JUNE 2014 13. MISCELLANEOUS Andy Reid — Mr. Reid noted that at the last Council budget workshop, the Council had mentioned that they would like to hold another workshop prior to the preliminary levy being set on September 9, 2014. Motion by Czmowski, second by Forcier, to set September 3, 2014, at 4:00 p.m. for general fund budget workshop. Motion carried unanimously. Bill Arndt — Council Member Arndt commented that the McLeod County Board held a meeting this morning where the McLeod County feedlot ordinance was passed. The revised ordinance does not allow any new feedlots within a' /z mile of the City of Hutchinson. All feedlots must come in with a conditional use permit regardless of where the feedlot is requested outside that '/z mile radius. Council Member Arndt also asked about the detachment process that was requested by Scott Exsted for property along Hwy 7 East. Marc Sebora explained that a mediator has been agreed upon by the parties. The mediator needs to set a date and time for the mediation. Mr. Sebora explained that he may be asking the Council to hold a closed session to discuss litigation strategy to use during the mediation process. Kent Exner — Mr. Exner noted that the Lynn Road improvement project is underway. Steve Cook — Mayor Cook asked if staff could present a miscellaneous maintenance fund to the Council. Kent Exner noted that staff could present an infrastructure plan to the Council at the second meeting in August. Mayor Cook also mentioned that the City has excess LGA funds totaling almost $500,000. Mayor Cook suggested creating a levy maintenance fund that these types of excess funds could be placed into to bridge budget gaps. A use would be defined for these dollars. Mayor asked the Council to think about this. 14. ADJOURN Motion by Arndt, second by Czmowski, to adjourn at 7:20 p.m. Motion carried unanimously. Steven W. Cook Mayor ATTEST: Marc A. Sebora Interim City Administrator 21