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06-23-2015 CCMHUTCHINSON CITY COUNCIL MEETING MINUTES TUESDAY, JUNE 23, 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. Mayor Gary Forcier called the meeting to order. Members present were Mary Christensen, John Lofdahl, Chad Czmowski and Bill Arndt. Others present were Matt Jaunich, City Administrator, Marc Sebora, City Attorney and Kent Exner, City Engineer (a) Approve the Council agenda and any agenda additions and/or corrections Matt Jaunich, City Administrator, noted that Resolution No. 1443 8 needs to be added to the agenda for consideration. This item will be added under Item 4. Motion by Lofdahl, second by Christense, to approve the agenda with the addition. Motion carried unanimously. 2. INVOCATION — Bethlehem United Methodist Church 3. PLEDGE OF ALLEGIANCE 4. RECOGNITION OF GIFTS, DONATIONS AND COMMUNITY SERVICE TO THE CITY PROCLAMATION — DAVE MOONEY BASEBALL WEEK — WEEK OF JUNE 28, 2015 PROCLAMATION - AVEYRON HOMES, INC. DAY — JULY 23, 2015 Resolution No. 14438 was considered. This Resolution formally accepts a donation from the Hutchinson Area Mountain Bike Association for $500.00. Chad Czmowski, past President of the Association, noted that a terrain park was built near Tartan Park and the Mountain Bike Association donated funds towards equipment built as part of the park. Motion by Christesen, second by Arndt, to approve Resolution No. 14438. Motion carried unanimously. Council Member Lofdahl thanked Emmett McCormick for sponsoring a movie down at Riverside Park on Father's Day. The movie was shown on a large screen provided by Crow River Center for the Arts. Council Member Arndt thanked the police department for all of their work during Water Carnival week. 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 June 9, 2015 Motion by Czmowski, second by Lofdahl, to approve minutes from June 9, 2015. Motion CITY COUNCIL MINUTES JUNE 23, 2015 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 (a) Resolution No. 14434 — Resolution to Sell at Auction Surplus Police Department Property (Squad car) (b) Resolution No. 14435 — Resolution Approving Conditional Use Permit to Allow the Operation and Screening of a Recyclable aterials Collection Center Within I- 1 and I-2 Zoning Districts Located at 1065 5th Avenue SE, McLeod County, Applicant with Favorable Planning Commission Recommendation (c) Resolution No. 14436 - Resolution Adopting Revised Assessment — Assessment Roll No. SA - 5112 & SA -5112A (Letting No. 3, Project No. 15-03) (d) Consideration for Approval of Change Order No. 1 and Supplemental Agreement No. 1 — Letting No. 1, Project No. 15-01 (e) Resolution No. 14437 - Resolution Adopting the McLeod County All -Hazard Mitigation Plan (f) Consideration for Approval of Blessing of the Riders Special Event on July 19, 2015 (g) Consideration for Approval of Aveyron Homes, Inc. Special Event on July 23, 2015 (h) Consideration for Approval of Paint the Town Purple Event August 2 — 8, 2015 (i) Claims, Appropriations and Contract Payments — Register A Item 7(b) was pulled for separate discussion. Motion by Czmowski, second by Arndt, to approve Consent Agenda I with the exception of Item 7(b). Motion carried unanimously. Council Member Christensen asked that Dan Jochum, Planning Director, update the Council on the project and what type of fence is plan on being used in the project. Mr. Jochum noted that the Planning Commission approved a condition that the screening would not allow for debris to blow around nor to be seen. An eight -foot fence was approved by the Planning Commission as long as adequate screening is included. A wood -type fence is being considered by the applicant with the purpose to screen the materials. Another condition of this conditional use permit is an annual review of the area by city staff. The applicant has 10 weeks to construct the fence. Council Member Lofdahl asked if fencing would extend from the northwest corner further south to screen some cardboard collection dumpsters. Mr. Jochum noted that the applicant believes that this area is rather secluded and that fencing most likely is not necessary. Council Member Lofdahl noted that he would like the fence extended twenty feet 2 CITY COUNCIL MINUTES JUNE 23, 2015 to the south from the northwest corner to better screen the cardboard collection dumpster area. Mr. Jochum recommended that the fence be extended as far south as the applicant intends to have outside storage in that area. Motion by Lofdahl, second by Christensen, to extend the fence south from the northwest corner where it meets the 3DCNC building. Motion carried unanimously. Motion by Arndt, second by Lofdahl, to approve Resolution No. 14435 with the additional condition. Motion carried unanimously. 8. APPROVAL OF CONSENT AGENDA II (a) Claims, Appropriations and Contract Payments — Register B Council Member Lofdahl asked if it was necessary to have a separate claim on the Register because of an invoice to Mayor Forcier's brother. Mayor Forcier noted that he prefers all payments related to him on separate registers in order to avoid any perception of a conflict of interest. Motion by Lofdahl, second by Christensen, with Forcier abstaining, to approve Consent Agenda II. Motion carried unanimously. PUBLIC HEARINGS (6:00 P.M.) 9. CONSIDERATION FOR APPROVAL OF ISSUING ON -SALE INTOXICATING AND SUNDAY LIQUOR LICENSE AND TOBACCO LICENSE TO LANDY LODGE BAR & GRILL, INC. Motion by Arndt, second by Lofdahl, to close public hearing. Motion carried unanimously. Motion by Arndt, second by Lofdahl, to approve issuing on -sale intoxicating and Sunday liquor license and tobacco license to Landy Lodge Bar & Grill Inc. Motion carried unanimously. 10. CONSIDERATION OF COMMENTS AND INPUT ON THE STORM WATER POLLUTION PREVENTION PLAN FOR THE CITY OF HUTCHINSON John Paulson, Environmental Manager, presented before the Council. Mr. Paulson explained that each year an annual update is given to the Council as part of the requirements of the City's permitting for the Storm Water Pollution Prevention Plan. Mr. Paulson spoke of new NPDES permit activities completed in 2014. Mr. Paulson also spoke of pieces of the program which include public education and outreach, illicit discharge detection and elimination, construction site stormwater runoff control issues, pollution prevention/good housekeeping and information sourcing. Council Member Lofdahl asked if the City's street sweeper could be hired by local contractors for construction sites. John Olson, Public Works Manager, noted that the City typically refers these types of requests to private contractors that provide this service. However, the City will hire this service out in certain circumstances. Mr. Paulson also spoke of the City's annual report that will need Council's approval. Motion by Lofdahl, second by Christensen, to close public hearing. Motion carried unanimously. Motion by Lofdahl, second by Christensen, to approve submittal of City's annual report for NPDES permit. Motion carried unanimously. CITY COUNCIL MINUTES JUNE 23, 2015 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. FACILITY COMMITTEE PROJECT UPDATE Dan Jochum, Planning Director, presented before the Council. Mr. Jochum provided an update on behalf of the City Facility Committee. Mr. Jochum provided an update of recommended facilities improvement projects for 2015. These projects include backstops fencing at Roberts Park, Northwoods rink improvements, Rec Center emergency exit doors, Event Center entry roof, VMF backstop, VMF dugouts, park garage parking lot, Civic Arena East tough flex flooring and Rec Center air handler. These projects total $471,400. Mr. Jochum also reviewed projects scheduled for 2016 and beyond. Of note, the projects scheduled in 2016 total over $1 million and all projects relate to the civic arena. Mr. Jochum spoke of the work the Facilities Committee accomplishes. Mr. Jochum mentioned that these projects are included in the capital improvement plan. UNFINISHED BUSINESS NEW BUSINESS 12. FIRST READING AND REVIEW OF PROPOSED CITY ORDINANCE NO. 15-0741 - AN ORDINANCE AMENDING CHAPTERS 90 & 92 RELATED TO PUBLIC RIGHT-OF-WAYS Kent Exner, City Engineer, presented before the Council. Mr. Exner noted that over the years, the City has become aware of beautifications and landscapings in resident's yards that encroach onto City right-of-way. John Olson, Public Works Manager, presented before the Council. Mr. Olson explained that staff completed a cursory inventory of properties that have private property within rights-of-way and 140 properties were found to have some kind of private property within rights-of-way. In most cases, the property consisted of landscaping/landscaping features. These features typically do not pose a significant issue related to utilization of rights-of-way. However, because this has become an increasing trend, staff feels it prudent to provide for management of rights-of-way and is proposing amendments to Chapter 90 of the City Code to protect rights-of-way into the future. Mr. Olson reviewed the language that is being proposed to be added to Chapter 90 under "Uses of rights-of- way", "Maintenance of rights-of-way" and "Other uses of rights-of-way". Mr. Olson also explained that staff has reviewed Chapter 92 of the City Code for potential improvements. Upon review, staff is recommending that the trigger for notification for height of weeds, grass and plants be amended from 12" to 8". In addition, clarifications are proposed regarding the process by which property owners are notified and the time frame for property owners to respond to notices. Motion by Lofdahl, second by Christensen, to approve first reading of Ordinance No. 15-0741. 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) 13. MINUTES FROM COMMITTEES, BOARDS OR COMMISSIONS 11 CITY COUNCIL MINUTES JUNE 23, 2015 (a) Resource Allocation Committee Meeting Minutes from May 5 and June 2, 2015 (b) Weed Notices Monthly Report for May 2015 (c) City of Hutchinson Financial Report and Investment Report for May 2015 (d) City of Hutchinson Local Option Sales Tax Revenue Update (e) Hutchinson Housing & Redevelopment Authority Board Minutes from May 19, 2015 (f) Library Board Minutes from April 27, 2015 (g) Planning Commission Minutes from April 21, May 19, and June 16, 2015 MISCELLANEOUS 14. STAFF UPDATES Matt Jaunich, City Administrator, noted that two RFPs were received for refuse hauling services. Mr. Jaunich is currently reviewing the proposals and a recommendation will be before the Council in the next month or so. Mr. Jaunich also reminded the Council of workshop scheduled for July 14, 2015, at 4:30 p.m. to review the 2014 financial report. Mr. Jaunich reported that department budgets were turned in to him June 22"d and he will be reviewing them. Lastly, Mr. Jaunich mentioned that there is a page on the City's web site dedicated to frequently asked question and information regarding the aquatic center project. Marc Sebora, City Attorney, noted that earlier in the meeting the question arose as to whether or not it was necessary for Mayor Forcier to abstain from voting on a payment being made to his brother's buisiness, which he feels may be a conflict for him to vote on. Mr. Sebora noted that it all begins with the individual and their comfort level on whether or not they should be voting on a matter to avoid the perception that they have a benefit when voting on a matter. Kent Exner, City Engineer, commented on the completion of Phase 1 of 2nd Avenue SE and the ongoing Phase 2 project of 2" Avenue SE. Golf Course Road/Shady Ridge Road are scheduled to begin July 27, 2015. Automatic meter reading transmitter installations are about 40% complete and should be 100% installed by the end of July. Site work for the solar project plans to begin the end of July. Luce Line Trail project should begin in August. MnDOT received bids for the Hwy 15/Main Street project. September 21— October 2 is the intended project timeline. In addition, a Guide to Trails and Parks has been completed and is ready for distribution. Mr. Exner spoke about sealcoating South Grade Road. 15. COUNCIL/MAYOR UPDATES ADJOURNMENT Motion by Arndt, second by Lofdahl, to adjourn at 7:05 p.m. Motion carried unanimously. ATTEST: Gary T. Forcier Mayor Matthew Jaunich City Administrator