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06-28-2016 CCMHUTCHINSON CITY COUNCIL MEETING MINUTES TUESDAY, JUNE 28, 2016 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 notyet 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 Chad Czmowski, Bill Arndt, Mary Christensen and John Lofdahl. 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 Motion by Christensen, second by Lofdahl, to approve Council agenda. Motion carried unanimously. 2. INVOCATION — Peace Lutheran Church PLEDGE OF ALLEGIANCE 4. RECOGNITION OF GIFTS, DONATIONS AND COMMUNITY SERVICE TO THE CITY Matt Jaunich, City Administrator, noted that the City has achieved Steps 3 & 4 in the Green Step Cities program. He along with Council Member Lofdahl and other staff members accepted the achievement awards at the LMC Annual Conference. Council Member Christensen commented on the new playground equipment that has been installed in Kimberly Park. (a) Resolution No. 14576 — Resolution Accepting Cash Donation from Minnesota Community Foundation and Hutchinson Ambassadors for Painting of Hutchinson Signs Motion by Czmowski, second by Arndt, to approve Resolution No. 14576. Motion carried unanimously. 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 speakfor more than five minutes should askto 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 14, 2016 Motion by Arndt, 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.) CITY COUNCIL MINUTES JUNE 28, 2016 7. APPROVAL OF CONSENT AGENDA I (a) Consideration for Approval of Variance Application to Construct a Detached Garage in the Front Yard Located at 1011 Lewis Avenue SW, James and Carol Christopherson, Applicants, With Favorable Planning Commission Recommendation (Adopt Resolution No. 14577) (b) Consideration for Approval of Conditional Use Permit to Operate a Salon at 300 Hwy 7 West in a C-5 Zoning District, Jon Hantge, Applicant, With Favorable Planning Commission Recommendation (Adopt Resolution No. 14578) (c) Consideration for Approval of Site Plan, Preliminary Plat and Final Plat for an Apartment Complex By Kuepers Architects and Builders at 1315 Montreal Street SE With Favorable Planning Commission Recommendation (Adopt Resolution No. 14579) (d) Consideration for Approval of Hutchinson Downtown Redevelopment Plat No. 3 With Favorable Planning Commission Recommendation (Adopt Resolution No. 14580) (e) Consideration for Approval of Resolution No. 14581 — Resolution in Support of Restoring Minnesota Investment Fund and Job Creation Fund and Calling for Special Legislative Session (f) Consideration for Approval of Issuing Transient Merchant License to Jay Malone to Hold Automobile Sale in Hutchinson Mall Parking Lot from August 13 — 20, 2016 (g) Consideration for Approval of Issuing Short -Term Gambling License to Crow River Cutters on July 12, 2016, at Main Street Sports Bar and Landy Lodge (h) Consideration for Approval of Issuing Short -Term Gambling License to Good Sam Club on August 4-6, 2016, at McLeod County Fairgrounds (i) Consideration for Approval of Issuing Short -Term Gambling License to St. Anastasia Catholic Church on September 11, 2016 (j) Consideration for Approval of Resolution No. 14582 — Resolution Accepting Cash Donation From VFW Post 906 (k) Claims, Appropriations and Contract Payments — Check Register A Item 7(a) was pulled for separate discussion. Motion by Christensen, second by Lofdahl, to approve Consent Agenda I, with the exception of Item 7(a). Motion carried unanimously. 7(a) — Council Member Arndt noted that a good discussion was held regarding this item at the Planning Commission meeting. Council Member Arndt noted that a petition had been submitted to the Council by neighbors on Lewis Avenue who are opposed to the variance request. Dan Jochum, Planning Director, presented before the Council. Mr. Jochum explained that the Planning Commission approved this item unanimously and that all legal 2 CITY COUNCIL MINUTES JUNE 28, 2016 requirements have been met for the variance request. Mr. Jochum noted that the requirements include finding of "practical difficulties". Practical difficulties are used for granting variances including reasonableness, uniqueness, and essential character. Mr. Jochum also noted that a neighboring home has a garage in the front yard, as well as a home a few doors down and a few homes on 2nd Avenue. Jim Christopherson, 1011 Lewis Avenue, applicant, presented before the Council. Mr. Christopherson noted that the garage will have the same siding and roof line as his home. Mr. Christopherson noted that he plans to build a three -car garage and he feels he is locked in on his property because he can't get to the back of his home without driving on the neighbor's lawn. He also noted that his neighbor has a garage built in the front yard which is parallel to where he is proposing to build his garage. Mr. Jochum noted that the Planning Commission recommended that evergreen trees be planted on the easterly and southerly side of the garage to be consistent with the neighboring property. Motion by Arndt, second by Lofdahl, to approve Item 7(a). Motion carried unanimously. 8. APPROVAL OF CONSENT AGENDA II (a) Claims, Appropriations and Contract Payments — Check Register B Motion by Arndt, second by Lofdahl, with Czmowski abstaining, to approve Consent Agenda II. Motion carried unanimously. PUBLIC HEARINGS (6:00 P.M.) 9. REVIEW OF AND APPROVE/DENY FIRST READING OF ORDINANCE NO. 16-759 - AN ORDINANCE REVISING SECTION 154.119 OF THE TELECOMMUNICATIONS ORDINANCE John Paulson, Environmental Specialist, presented before the Council. Mr. Paulson noted that city staff along with consultant support have been revising the City's telecommunication ordinance relating to the use of small cell technologies. Definitions have been added to add clarification to language being used in the chapter. Also added was language related to permit requirements and a section regulating small cell sites. Motion by Lofdahl, second by Christensen, to close public hearing. Motion carried unanimously. Motion by Lofdahl, second by Christensen, to approve first reading of ordinance and set second reading and adoption of Ordinance No. 16-759 for July 12, 2016. Motion carried unanimously. 10. CONSIDERATION OF COMMENTS AND INPUT ON THE STORMWATER POLLUTION PREVENTION PLAN John Paulson, Environmental Specialist, presented before the Council. Mr. Paulson explained that the MPCA requires the City to hold a public hearing and consider comments prior to submitting its Storm Water Pollution Prevention Plan Annual Report for 2015. This regulation applies to all cities that are determined to have and maintain a municipal separate storm sewer system. Mr. Paulson provided a presentation on the City's efforts on public education and outreach, public participation and involvement, illicit discharge detection and elimination, construction site stormwater runoff control issues, and pollution prevention/good housekeeping. CITY COUNCIL MINUTES JUNE 28, 2016 Mr. Paulson also reviewed future events and endeavors that staff will be undertaking as they relate to the City's storm water pollution prevention plan. Mr. Paulson also mentioned that staff continues to work with the group Hutchinson Waters which is a membership -based organization of individuals interested in preserving Hutchinson's waters. Motion by Lofdahl, second by Christensen, to close public hearing. 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) UNFINISHED BUSINESS 11. APPROVE/DENY ORDINANCE NO. 16-758 — AN ORDINANCE APPROVING REVISIONS TO SECTIONS OF THE HUTCHINSON CITY CHARTER AS RECOMMENDED BY THE CHARTER COMMISSION Marc Sebora, City Attorney, noted at the May 24, 2016, City Council meeting the first reading of this ordinance was held and was tabled at the last meeting due to a full Council not being present. Mr. Sebora reminded the Council that the revisions included in the ordinance are basic housekeeping items. Motion by Lofdahl, second by Christensen, to approve Ordinance No. 16-758. Motion carried unanimously. NEW BUSINESS 12. APPROVE/DENY SOLSMART PROGRAM APPLICATION John Paulson, Environmental Specialist, presented before the Council. Mr. Paulson explained that SolSmart is a new national designation program designed to recognize communities that have taken key steps to address local barriers to solar energy and otherwise foster the growth of strong local solar markets. This program is funded by the US Department of Energy SunShot Initiative through the Solar Powering America by Recognizing Communities funding opportunity. The SolSmart designation program will provide high-profile, national recognition for communities that have made it cheaper and easier for home and business owners to invest in solar energy. Achieving this designation will send a signal to solar companies that a community is "open for business". These efforts can help attract new business, providing jobs and other economic development benefits. Communities committed to pursuing SolSmart designation will be eligible for no -cost technical assistance from a team of national solar and local government experts. Part of pursuing the SolSmart designation is a comprehensive review of existing ordinances to identify barriers and opportunities for various types of solar development. SolSmart will provide technical assistance so that the ordinance and permitting process are appropriate. Mr. Paulson provided a solar statement that staff requested the Council's approval of. Motion by Lofdahl, second by Christensen, to approve entering into SolSmart program. Motion carried unanimously. 13. APPROVE/DENY SETTING SPECIAL MEETINGS (a) "Night of Baseball" — July 8, 2016, at 6:30 p.m. at Veterans Memorial Field (b) Joint Meeting with EDA Board — July 19, 2016, at 12:00 p.m. at City Center (c) Joint Meeting with McLeod County Board — July 21, 2016, at 12:00 p.m. at McLeod County Solid Waste Facility 11 CITY COUNCIL MINUTES JUNE 28, 2016 Matt Jaunich, City Administrator, noted that the Hutchinson Huskies Board would like to recognize the Council during the Night of Baseball. Mr. Jaunich also noted that the joint meeting with the EDA Board will be similar to last year's meeting where the Council is updated on various activities of the EDA. The joint meeting with the County will include updates from each entity. Motion by Czmowski, second by Forcier, to set special meetings as noted above. 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.) 14. MINUTES FROM COMMITTEES, BOARDS OR COMMISSIONS a) Library Board Minutes from May 23, 2016 b) Resource Allocation Committee Minutes from March 2 and April 5, 2016 (c) City of Hutchinson Weeds/Tall Grass Report for May 2016 (d) Planning Commission Minutes from May 17, 2016 (e) City of Hutchinson Financial Report and Investment Report for May 2016 MISCELLANEOUS 15. STAFF UPDATES Kent Exner — Resource Allocation Committee meeting moved from July 5 to July 7. Phase 2 of the pavement management program has begun and all projects are going well. Century Avenue SE from Main Street to Jefferson Street has been scheduled for 2018 with the City receiving federal aid dollars of approximately $800,000. In addition, the Main Street/TH 15 project has been approved by Mn/DOT and is scheduled for 2020. Matt Jaunich — reminder workshop on 7/12/16 on audit; preliminary soil report received on pool project and that came back rather favorable; quit claim deed received from Ridgewater College along with first half assessment payment; response back from federal passport agency indicating that they will reconsider Hutchinson as a passport agency; administrators/clerks throughout county are now meeting on a regular basis and will potentially hold biennial meetings amongst elected officials in the county. 16. COUNCIL/MAYOR UPDATE John Lofdahl — Council Member Lofdahl provided an update of his attendance at the League of Minnesota Cities Conference. Lofdahl also provided a brief update on a meeting he and the city administrator had today with Trailblazer Transit and the potential of adding a route -based system in Hutchinson. ADJOURNMENT Motion by Arndt, second by Lofdahl, to adjourn at 6:55 p.m. Motion carried unanimously. ATTEST: CITY COUNCIL MINUTES JUNE 28, 2016 Gary T. Forcier Matthew 7aunich Mayor City Administrator