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04-28-2015 CCMHUTCHINSON CITY COUNCIL MEETING MINUTES TUESDAY, APRIL 28, 2015 CITY CENTER — COUNCIL CHAMBERS (The City Council is provided background information for agenda items in advance by city staff, committees and boards. Many decisions regarding agenda items are based upon this information as well as: City policy and practices, inputfrom constituents, and other questions or information that has not yet been presented or discussed regarding an agenda item) 1. Call Meeting to Order — 5:30 P.M. (a) Approve the Council agenda and any agenda additions and/or corrections Matt Jaunich, City Administrator, noted that Item 13 will be removed from the agenda due to some further revisions that need to be made to the proposed ordinance. Motion by Czmowski, second by Lofdahl, to approve agenda with the removal of Item 13. Motion carried unanimously. 2. Invocation — Hutchinson Evangelical Free Church 3. Pledge of Allegiance 4. Recognition of Gifts, Donations and Community Service to the City a) Proclamation — Hutchinson Random Act of Kindness Day — May 1, 2015 b) Letter of Commendation — Firefighter Greg Peller Council Member Christensen mentioned that the Disabled American Veterans Chapter 37 held a breakfast and open house for their new facility on 3rd Avenue NW last Saturday. Council Member Christensen noted that the project turned out very well and she thanked the organization for all of the work they do in the Hutchinson area. Council Member Lofdahl mentioned that the Hutchinson Evangelical Free Church cleared the trees off of the Habitat for Humanity lot. Council Member Lofdahl also noted that the Hammer and Nails banquet was a successful fundraiser for Crow River Habitat for Humanity. PUBLIC COMMENTS (This is an opportunity for members of the public to address the City Council on items not on the current agenda. If you have a question, concern or comment, please ask to be recognized by the mayor— state your name and address for the record. Please keep comments under 5 minutes. Individuals wishing to speak for more than five minutes should ask to be included on the agenda in advance of the meeting. All comments are appreciated, but please refrain from personal or derogatory attacks on individuals) 5. Citizens Addressing the City Council 6. Approval of Minutes (a) Regular Meeting of April 14, 2015 Motion by Christensen, second by Lofdahl, to approve minutes as presented. Motion carried unanimously. CONSENT AGENDA (The items listed for consideration will be enacted by one motion unless the Mayor, a member of the City Council or a city staff member requests an item to be removed. Traditionally items are not discussed.) 7. Approval of Consent Agenda I CITY COUNCIL MINUTES APRIL 28, 2015 (a) Consideration of Resolution No. 14420 — A Resolution Adopting Findings of Fact and Reasons for Approval of Conditional Use Permit to Allow the Remodeling of a Residential Home in the C- 3 Zoning District, Katherine Kuhlmey, Applicant (b) Consideration for Approval of Issuing Carnival Permit to J&K Amusements for June 4 — 7, 2015, in Hutchinson Mall parking lot (c) Consideration for Approval of Issuing Short -Term Gambling License to Minnesota Holstein - Friesian Breeder's Association on November 21, 2015, at McLeod County Fairgrounds (d) Appointment of Maggie Tierney to Tree Board to January 2018 (e) Claims, Appropriations and Contract Payments — Register A Motion by Arndt, second by Czmowski, to approve Consent Agenda I. Motion carried unanimously. 8. Approval of Consent Agenda II (a) Claims, Appropriations and Contract Payments — Register B Motion by Lofdahl, second by Arndt, with Forcier abstaining, to approve Consent Agenda II. Motion carried unanimously. PUBLIC HEARINGS (6:00 P.M.) 9. Consideration of Ordinance No. 15-0739 -Amending Franchise Agreement and Liquor License Issued to Juan Perez of Sonora's Mexican Restaurant to Allow Liquor Sales on Sidewalk Cafe Located at 15 2nd Avenue SW and Issuance of Sunday Liquor License (a) Motion to Close Public Hearing (b) Approve/Deny First Reading of Ordinance No. 15-0739 - Amending Franchise Agreement for Sidewalk Cafe (c) Approve/Deny Amending Liquor License to Include Sidewalk Cafe Area (d) Approve/Deny Issuing Sunday Liquor License Mayor Forcier opened the public hearing at 6:00 p.m. Marc Sebora, City Attorney, presented before the Council. Mr. Sebora explained that Sonora's Mexican Restaurant has held a franchise with the City for several years to have a sidewalk cafe on public right-of-way along 2nd Avenue SW. With the recent revisions to the City's liquor code, Mr. Perez, the owner of Sonora's, has requested that his franchise be amended to allow the possession and consumption of liquor in the sidewalk cafe area and to amend his liquor license to include the franchise area. Lastly, Mr. Perez has requested a Sunday liquor license as well. Council Member Lofdahl asked if the Council could waive the second reading of the ordinance and adopt it prior to May 12, 2015. With the forecasted nice weather over the next two weeks, Council Member Lofdahl thought perhaps Mr. Perez and another applicant for an outdoor sidewalk cafe might like to start operating their franchises sooner than later. Mr. Sebora explained that, in accordance with the City Charter, at least one week has to be between the first reading of an ordinance and its second reading and adoption. The Council suggested holding a special meeting next Tuesday to approve Sonora's franchise agreement, as well as Below Zero Frozen Yogurt's franchise agreement. 2 CITY COUNCIL MINUTES APRIL 28, 2015 Motion by Czmowski, second by Lofdahl, to close public hearing. Motion carried unanimously Motion by Christensen, second by Arndt, to approve first reading of Ordinance No. 15-0739. Motion carried unanimously. Motion by Lofdahl, second by Czmowski to approve amending Juan Perez liquor license to allow for the possession and consumption of liquor in the franchise area. Motion carried unanimously. Motion by Lofdahl, second by Chrisetensen, to approve issuing Sunday liquor license to Juan Perez. Motion carried unanimously. 10. Consideration of Ordinance No. 15-0740 - Issuing Franchise Agreement to Marc and Ashley Docken of Below Zero Frozen Yogurt to Allow a Sidewalk Cafe Located at 45 Washington Avenue Mayor Forcier opened the public hearing at 6:07 p.m. Marc Sebora, City Attorney, presented before the Council. Mr. Sebora explained that similar to Mr. Perez's request, Below Zero Frozen Yogurt is requesting to place a sidewalk cafe on public right-of- way on the sidewalk area located at 45 Washington Avenue. Mr. Sebora is suggesting that the franchise term be for five years with an annual cost of $25.00. These terms are similar to those held by other franchisees. Marc Docken, Below Zero Frozen Yogurt, presented before the Council. Mr. Docken noted that he is proposing to have two tables with a few chairs at each table. Council Member Christensen suggested having a waste receptacle in the franchise area as well. (a) Motion to Close Public Hearing (b) Approve/Deny First Reading of Ordinance No. 15-0740 - Issuing Franchise Agreement for Sidewalk Cafe Motion by Arndt, second by Czmowski, to close public hearing. Motion carried unanimously. Motion by Christensen, second by Czmowski, to approve first reading of Ordinance No. 15-0739. Motion carried unanimously. Motion by Lofdahl, second by Christensen, to set special meeting for May 5, 2015, at 8:00 a.m. to consider second readings and adoption of Ordinance No. 15-0739 and 15-0740. Motion carried unanimously. COMMUNICATIONS, REQUESTS AND PETITIONS (The purpose of this portion of the agenda is to provide the Council with information necessary to craft wise policy. Includes items like monthly or annual reports and communications from other entities) 11. Discussion and Review of 2015 National Citizen Survey Information Matt Jaunich, City Administrator, explained that last year the Council authorized staff to begin the process of having a citizen survey completed in 2015. Mr. Jaunich explained that staff has begun to work with the National Citizen Survey organization to complete the survey. Mr. Jaunich asked the Council if there are any additional services that the Council would like to have done, such as having a larger sample size, open-ended question, benchmark comparisons, etc. Mr. Jaunich will be meeting with staff to address items related to the survey as well and will bring back a final version to the Council for their approval. Some customized questions were suggested at the budget workshop today that should be included on the survey. If there are any specific questions that a Council Member would like to see included, those should be directed to Mr. Jaunich for inclusion. UNFINISHED BUSINESS CITY COUNCIL MINUTES APRIL 28, 2015 NEW BUSINESS 12. Approve/Deny the Utilization of Non-DeFederalized Minnesota Investment Fund Dollars to Fund the Jump -Start Manufacturing Business Plan Contest Miles Seppelt, EDA Director, presented before the Council. Mr. Seppelt explained that the EDA is holding a contest entitled "Jump Start Manufacturing" which is similar to the contest held a few years ago, "Jump Start Downtown". The goal of the Jump Start Manufacturing contest is to recruit and assist an individual with starting a new manufacturing business in Hutchinson. As part of this program, the EDA desires to make use of grant dollars obtained several years ago from the state's Minnesota Investment Fund to assist NuCrane Manufacturing with the purchase of equipment. The majority of those dollars have now been paid back to the city and are available for re -use. One of the proposed re -uses is to fund a $20,000 forgivable loan for the winner of the JumpStart Manufacturing business plan contest. Because these dollars have not been de -federalized, which means that federal rules still apply to them, the City must grant permission to use these dollars for this purpose. Motion by Arndt, second by Czmowski, to approve the utilization of non-defederalized Minnesota Investment Fund Dollars to fund the Jump -Start Manufacturing Business Plan contest. Motion carried unanimously. 13. Approve/Deny First Reading of Ordinance No. 15-0741 - An Ordinance Pertaining to Revisions Related to Public Right -of -Ways This item was removed from the agenda. 14. Approve/Deny First Reading of Ordinance No. 15-0738 — An Ordinance Amending Chapter 157.06 - River Overlay Zoning District Dan Jochum, Planning Director, presented before the Council. Mr. Jochum explained that in March the Planning Commission reviewed the architectural design and quality section of Chapter 157. As part of this review, the Planning Commission is recommending to remove the following language from Section 157.06(B)(5): "Temporary structures, pole type construction and metal sheds are not permitted." This proposed amendment will allow the Planning Commission, City Council and staff to utilize the information set forth in Section 157.06 which regulates architectural design and quality while still allowing the flexibility for various types of construction methods. Motion by Lofdahl, second by Christensen, to approve first reading of Ordinance No. 15-0738. Motion carried unanimously. GOVERNANCE (The purpose of this portion of the agenda is to deal with organizational development issues, including policies, performances, and other matters that manage the logistics of the organization. May include monitoring reports, policy development and governance process items) 15. Minutes from Committees, Boards or Commissions (a) Pedestrian Bicycle Advisory Committee Minutes from March 18, 2015 (b) City of Hutchinson Financial and Investment Report for March 2015 11 CITY COUNCIL MINUTES APRIL 28, 2015 (c) Resource Allocation Committee Meeting Minutes from March 3 and April 7, 2015 (d) Snow Removal — Ice Control Report for March 2015 (e) Hutchinson Housing & Redevelopment Authority Board Minutes from March 17, 2015 MISCELLANEOUS 16. Set Council Workshop for May 12, 2015, at 4:00 p.m. to Discuss Pool Project Motion by Lofdahl, second by Czmowski, to set Council workshop for May 12, 2015, at 4:00 p.m. to discuss pool project. Motion carried unanimously. 17. Staff Updates Kent Exner — Mr. Exner updated the Council on the 2nd Avenue project. The project will begin on Monday May 4, 2015, from Main Street to Adams Street. The completion date for this section is proposed to be June 5, 2015. Other work includes final clean up on Jefferson Street Phase 2. Hutchinson Waters is holding an informational meeting on May 14, 2015, at 5:00 p.m. at the Event Center. This meeting is to begin formulation of a membership drive. Dan Jochum — Mr. Jochum provided an update on the bandshell project. Mr. Jochum noted that the restoration is complete and turned out very well. Matt Jaunich — Mr. Jaunich noted that the Commissioner of Health will be in Hutchinson on Friday, May 1, 2015. He will be at City Center at 10:30 a.m. Mr. Jaunich also reminded the Council that the special election is May 5, 2015, at the Recreation Center. 18. Council/Mayor Updates John Lofdahl — Council Member Lofdahl noted that the Crow River Habitat for Humanity house is being lifted and moved between May 13, 2015, and May 14, 2015. Mary Christensen — Council Member Christensen asked for clarification on whether or not bicyclists and roller bladers can be use the sidewalks in the downtown area. Kent Exner, City Engineer, noted that there is a city ordinance in place that states no bicycling, no rollerblading and no skateboarding on sidewalks on Main Street. Mr. Exner stated that he and the police chief have been discussing this item and trying to determine if the ordinance should remain as written or if there should be revisions made to it. General discussion was held on bicycle use on Main Street. Bill Arndt — Council Member Arndt recognized another successful event held at the Event Center as a fundraiser for the senior center. Chad Czmowski — Council Member Czmowski commented that there are some very large sized potholes on 5th Avenue. Mr. Exner noted that staff is making its way around the city and will be making way to 5th Avenue soon to take care of the potholes. Gary Forcier — Mayor Forcier noted that he will be having an open forum on May 1, 2015, at 7:00 p.m. at the VFW to hear community issues and proposed resolutions. Motion by Arndt, second by Czmowski, to set public meeting for May 1, 2015, at 7:00 p.m. at VFW for Mayor Forcier open forum. Motion carried unanimously. 19. Closed Session Pursuant to Minnesota Statute §13D.05, Subd. 3(c) to Discuss the Acquisition of Property Located at 220 Hassan Street SE CITY COUNCIL MINUTES APRIL 28, 2015 Motion by Arndt, second by Christensen, to move into closed session at 6:35 p.m. Motion carried unanimously. The Council reconvened into open session at 6:45 p.m. 20. Closed Session Pursuant to Minnesota Statute §13D.05, Subd. 3(a) to Conduct City Administrator Three -Month Performance Review Matt Jaunich, City Administrator, noted for the record that he is requesting the performance review be conducted in closed session. Motion by Christensen, second by Lofdahl, to convene into closed session at 6:48 p.m. to conduct city administrator performance review. Motion carried unanimously. The Council reconvened into open session at 7:17 p.m. ADJOURNMENT Motion by Lofdahl, second by Arndt, to adjourn at 7:18 p.m. Motion carried unanimously. ATTEST: Gary T. Forcier Mayor Matthew Jaunich City Administrator I