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04-25-2017 CCMHUTCHINSON CITY COUNCIL MEETING MINUTES TUESDAY, APRIL 25, 2017 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 andpractices, 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 Steve Cook. Others present were Matt Jaunich, City Administrator, Kent Exner, City Engineer and Marc Sebora, City Attorney. (a) Approve the Council agenda and any agenda additions and/or corrections Motion by Christensen, second by Czmowski, to approve the agenda as presented. Motion carried unanimously. 2. INVOCATION — New Journey UCC 3. PLEDGE OF ALLEGIANCE 4. RECOGNITION OF GIFTS, DONATIONS AND COMMUNITY SERVICE TO THE CITY 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 S 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 April 11, 2017 Motion by Lofdahl, second by Czmowski, to approve the minutes as presented. Motion carried unanimously. CONSENT AGENDA (The items listedfor 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 (a) Consideration for Approval of Resolution No. 14710 — Resolution Adopting Findings of Fact and Reasons for Approval of Conditional Use Permit for a Mural in the C-3 Zoning District Located at 105 Washington Avenue East, David Wegschied, Applicant, With Favorable Planning Commission Recommendation (b) Consideration for Approval of Resolution No. 14711 — Resolution Adopting Findings of Fact and Reasons for Approval of a Site Plan for the Construction of a Bank Located at 1380 Montreal Street Southeast with Favorable Planning Commission Recommendation CITY COUNCIL MINUTES APRIL 25, 2017 (c) Consideration for Approvals and Permits for the 75h Annual Hutchinson Jaycee Water Carnival for June 10 — 18, 2017 (d) Consideration for Approval of Resolution No. 14707 — Resolution Amending Resolution No. 14628 Establishing Income Guidelines and Asset Limitations for Senior Citizens 65 Years or Older, Disabled Citizens, Active Duty Military Reserves or National Guard Deferred Assessments and Senior Citizens Reduced Refuse Rate (e) Consideration for Approval of Issuing an Annual Caterer's Permit to J&N Schlagel (f) Consideration for Approval of Renewing Food Vendor License for Rafael Jimenez (g) Consideration for Approval of Issuing Temporary Liquor License to Hutchinson Jaycees from June 15 — 17, 2017, at West River Park (h) Consideration for Approval of Issuing Transient Merchant License to Philip Westby of the Country Stop to Operate a Produce Stand Located in Plaza 15 Parking Lot (i) Consideration for Approval of Issuing Transient Merchant License to Tiny Novotny to Operate Pop -Up Shop Featuring Women's Apparel and Accessories (j) Consideration for Approval of Issuing Short -Term Gambling License to Crow River Cutters from May 1 — July 18, 2017, at Landy Lodge (k) Consideration for Approval of Items for Hotel Site Access Improvements (Letting No. 6, Project No. 17-06) 1. Resolution No. 14708 - Resolution Ordering Preparation of Report on Improvement 2. Resolution No. 14709 - Resolution Receiving Report and Calling Hearing on Improvement (1) Claims, Appropriations and Contract Payments Item 70) — Matt Jaunich, City Administrator, noted that originally the application had a few pieces of information missing. A completed application has been distributed. Item 7(a) was pulled for separate discussion. Motion by Czmowski, second by Lofdahl, to approve consent agenda with the exception of Item 7(a). Motion carried unanimously. Item 7(a) had further discussion. David Wegscheid presented before the Council. Council Member Christensen asked Mr. Wegscheid when the mural will be completed. Mr. Wegscheid noted his intention is to have the mural unveiled on September 16, 2017, during the Arts & Crafts Festival. The mural is a reproduction of Les Kouba's "Country Store". A plaque will be placed near the mural containing information on Les Kouba. Council Member Cook noted that the Public Arts Commission will also be placing a plaque on the mural located on Main Street that was completed by Lance Albers that has Les Kouba included in it. Motion by Cook, second by Christensen, to approve Item 7(a). Motion carried unanimously. Council Member Cook noted that a neighbor in the area of the proposed hotel project at 2 CITY COUNCIL MINUTES APRIL 25, 2017 Hwy 7/Hwy 15 has asked the status of the project. Dan Jochum, Planning Director, noted that a site plan is required to be approved by the Planning Commission and the City Council which has not been done yet. A site plan will need to be approved prior to any permits being issued. Screening and landscaping will be an important part of the site plan. PUBLIC HEARINGS — 6:00 P.M. - NONE 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.) 8. UPDATE ON RIVERSONG MUSIC FESTIVAL Pat May, Riversong Music Festival, presented before the Council. Mr. May noted that the festival is again being held again in Masonic/West River Park and all the camp sites have been sold out. The festival is being held July 14 & 15, 2017, and Mr. May thanked the Council for all of their support with the festival. 9. CITY FORESTRY OPERATIONS PRESENTATION John Olson, Public Works Manager, presented before the Council. Mr. Olson noted that Arbor Day is April 28, 2017, so the timing of this presentation is fitting. Mr. Olson explained there are four documents that sustain the city forestry operations: the urban forest maintenance program, the approved species lists, boulevard tree engineering criteria and urban forestry metrics. Council Member Cook asked what the criteria are for a boulevard tree versus a species list. Mr. Olson explained the criteria are more functional in nature. Mr. Olson reviewed the tree inventory, tree species, tree disease/infestation, planting activities, pruning activities, removal activities, and the emerald ash borer response plan. With regard to emerald ash borer concerns, Council Member Cook suggested using some of the funds now to begin diversification and remove ash trees before infestation occurs. Mr. Olson explained that the current process balances the needs of both mitigation and removal of dead/hazardous trees. Removal of all the trees has an approximate cost of $600,000 and there is currently $300,000 in the emerald ash borer response fund. Mr. Olson spoke about financing for forestry operations. Donovan Schuette, City Arborist, presented before the Council. Mr. Schuette reviewed the forestry department's web site. Mr. Schuette noted that the biggest interest of residents is the energy tree information. Mr. Schuette addressed questions and concerns of the Council. Discussion was held regarding assessing tree removal costs to a homeowner's property taxes. Council Member Cook suggested perhaps having a specific program in place to address costs to homeowners when trees are required to be removed. Trees and removal are assessable according to state law. 10. REVIEW OF SUNDAY LIQUOR OPERATIONS AT LIQUOR HUTCH AND CONSIDERATION OF ORDINANCE NO. 17-771 - AN ORDINANCE AMENDING CHAPTER 112.088 OF THE HUTCHINSON CITY CODE — HOURS AND DAYS OF SALES (FIRST READING, SET SECOND READING AND ADOPTION FOR MAY 9, 2017) Matt Jaunich, City Administrator, presented before the Council. Mr. Jaunich noted that a recent state law was passed to allow for off -sale liquor sales on Sundays. Due to this, Liquor Hutch Manager Candice Woods would like to discuss with the Council her recommendations for Sunday operations at the Liquor Hutch. Ms. Woods is suggesting to be open from 11:00am — 6:00 pm on Sundays with three or four staff members manning the store. July 2na CITY COUNCIL MINUTES APRIL 25, 2017 would be staffed a bit heavier due to it being close to the holiday and being the first Sunday open of the year. Ms. Woods noted that staff will be maintaining customer counts to account for the Sunday sales. Ms. Woods has spoken with her staff and employees will be working one Sunday per month. The fiscal impact is for half a year only and accounts for additional wages. Additional sales are not being factored in because the sales are believed to be spread out over the week and not necessarily additional. The budget is being considered similarly to the motor vehicle office being opened five days a week versus the four days previously. A revised budget for Liquor Hutch will come before the Council at a future meeting. Mr. Jaunich reviewed proposed Ordinance No. 17-771 which reads similar to the state's new language for Sunday sales. The revisions to the ordinance include adding Sunday hours of 11:00 am — 6:00 pm. In addition, the current city code requires the store to be closed on New Year's Day and July 4h which is more restrictive than state law. Staff is asking that this provision be removed to give the store the greatest flexibility when it comes to store hours. Staff is not intending at this time to be open on these days, but amending the ordinance would give the store the flexibility to do so if it would choose to in the future. Motion by Lofdahl, second by Christensen, to approve Sunday liquor hours for Liquor Hutch and waive first reading and set second reading and adoption of Ordinance No. 17-771 for May 9, 2017. Motion carried unanimously. UNFINISHED BUSINESS NEW BUSINESS 11. APPROVE/DENY LABOR AGREEMENT BETWEEN THE CITY AND MINNESOTA PUBLIC EMPLOYEES ASSOCIATION Matt Jaunich, City Administrator, presented before the Council. Mr. Jaunich explained that the Minnesota Public Employees Association represents the full-time police officers. Negotiations were held with the Association this spring and a three-year contract was agreed upon. Motion by Lofdahl, second by Cook, to approve labor agreement with City of Hutchinson and Minnesota Public Employees Association. Motion carried unanimously. 12. APPROVE/DENY ORDINANCE NO. 17-770 — ORDINANCE REPEALING SECTION 132.25 OF THE HUTCHINSON CITY CODE — UTILITIES INTERRUPTION (FIRST READING, SET SECOND READING AND ADOPTION FOR MAY 9, 2017) Marc Sebora, City Attorney, presented before the Council. Mr. Sebora explained that at the last Council meeting the Council discussed repealing the City ordinance that pertains to Utilities Service Interruptions. The current ordinance criminalizes the interruption of utilities services. Staff feels there are other penalties and remedies in effect should utilities interruptions occur. Motion by Cook, second by Christensen, to waive first reading and set second reading and adoption of Ordinance No. 17-770 for May 9, 2017. 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.) 11 CITY COUNCIL MINUTES APRIL 25, 2017 13. MINUTES FROM COMMITTEES, BOARDS OR COMMISSIONS (a) City of Hutchinson Financial Report and Investment Report for March 2017 (b) Hutchinson Housing & Redevelopment Authority Board Minutes from March 21, 2017 MISCELLANEOUS 14. STAFF UPDATES Andy Reid — Andy Reid, Finance Director, addressed tree removal assessments that were discussed earlier in tonight's meeting. The current process is that the City fronts the costs and then is paid back through assessments. Mr. Reid noted if a mass removal was contemplated a different process would most likely to have be established. John Olson — John Olson, Public Works Manager, spoke about street patching activities that will be done based on the weather. Street sweeping has had one complete pass and another pass will begin where needed. Kent Exner — Mr. Exner noted that School Road/Roberts Road reconstruction project has begun. A seven-day notice will be given when the streets will be closed. The first phase is Roberts Road in front of the high school. Wastewater membranes bid opening is this Thursday. Mr. Exner noted that a public hearing will be held on May 9h on the access road being considered for the hotel project, however this public hearing will not address any site plan issues related to the hotel project. The hearing is solely for the access road project. A separate process will be held for the hotel project itself. Matt Jaunich — Mr. Jaunich noted that the League of Minnesota Cities Annual Conference early bird registration is going on; He reminded the Council of the HUC Joint Meeting this Thursday at 7:30 am at the City center; He noted that the CGMC Lobby Day is May 11, 2017; upgrades to the siren system are being held today and tomorrow; the dog park project was mentioned at the last meeting, however there are three other park projects in the works; Saturday is the National Prescription Takeback Day— stations are at the police department, McLeod County Sheriff's Office and Winsted Police Department. 15. COUNCIL/MAYOR UPDATE Mary Christensen — Council Member Christensen noted that several residents are still commenting to her on the narrower streets being built. Council Member Christensen also noted that the Depot will be open this Saturday to showcase historical graffiti. A speaker from the U of MN will also be present to speak about graffiti history. The railroad group will also be putting on a show. John Lofdahl — Council Member Lofdahl suggested a change to the City's tobacco ordinance. Council Member Lofdahl is suggesting that it be illegal for a merchant to sell or transfer tobacco to an individual under the age of 21 rather than 18 as is written now. Council Member Lofdahl noted that the City of Edina is in the midst of changing their ordinance with this restriction. Council Member Lofdahl noted that two other states and 250 cities have the 21 age restriction. Council Member Cook noted that he is in support of this as studies have shown that individuals begin smoking prior to the age of 21, so if the City considers making it illegal to sell or transfer tobacco to those under the age of 21 it could help curtail lifelong smokers. Council Member Cook asked that staff also look into e - cigarettes, hookahs and other smoking devices. Council Member Lofdahl feels that the Edina ordinance is very thorough and very explanatory. Mayor Forcier feels that the council members should give their opinions first on changing the age before staff puts work into it. Council Member Cook suggested holding a public hearing on the matter and perhaps getting more information from the public health agencies. Mr. Jaunich suggested putting this item on the next agenda for the Council to consider directing staff to research this topic more. The CITY COUNCIL MINUTES APRIL 25, 2017 Council was in agreement with this. Steve Cook — Council Member Cook noted that he had attended the Minnesota Main Street Basic Training Workshop in Faribault a couple of weeks ago. The workshop helped attendees with ideas and strategies to help revitalize downtowns. The workshop also helped attendees learn how to apply the Main Street Four -Point Approach to downtown revitalization. Council Member Cook spoke about working towards being a designated Main Street Community and the many benefits of being part of such a program. Council Member Cook also noted that a representative from the work force center presented and spoke of the needs Minnesota will be facing. ADJOURNMENT Motion by Lofdahl, second by Cook, to adjourn at 7:35 p.m. Motion carried unanimously. ATTEST: Gary T. Forcier Mayor Matthew Jaunich City Administrator