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04-23-2019 CCMHUTCHINSON CITY COUNCIL MEETING MINUTES TUESDAY, APRIL 23, 2019 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, inputfirom 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 Steve Cook, Chad Czmowski, Dave Sebesta, and Mary Christensen. 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 Czmowski, second by Christensen, to approve the agenda as presented. Motion carried unanimously. 2. INVOCATION — Church of Jesus Christ of Latter-day Saints (The invocation is a voluntary expression of the private citizen, to and for the City Council, and is not intended to affiliate the City Council with, or express the City Council's preference for, any religious/spiritual organization. The views or beliefs expressed by the invocation speaker have not been previously reviewed or approved by the Council or stafj) 3. PLEDGE OF ALLEGIANCE 4. RECOGNITION OF GIFTS, DONATIONS AND COMMUNITY SERVICE TO THE CITY (a) Resolution No. 15033 — Resolution Accepting $25.00 Donation from Lemoine & Lois Grams to the Hutchinson Police Department Towards the Law Enforcement Memorial Park Fund Motion by Cook, second by Sebesta, to approve Resolution No. 15033. Motion carried unanimously. Mayor Forcier noted that Ken Jensen and Elsa Young passed away this week. Mr. Jensen served on several City boards and Ms. Young served on the Planning Commission. (b) Proclamation — Kindness Celebration Day — May 1, 2019 Mayor Forcier read a Proclamation proclaiming May 1, 2019, as Kindness Celebration Day in the City of Hutchinson. PUBLIC COMMENTS (This is an opportunity for members of the public to address the City Council. If the topic you would like to discuss is on the agenda, please ask the Mayor if he will be accepting public comments during the agenda item if not a public hearing. Ifyou 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 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 9, 2019 Motion by Czmowski, second by Christensen, to approve the minutes as presented. Motion carried CITY COUNCIL MINUTES April 23, 2019 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) Consideration for Approval of Issuing Parade Permit for Memorial Day Parade on May 27, 2019 (b) Consideration for Approval of Issuing Carnival Permit to J&K Amusements May 30 — June 2, 2019, at Hutchinson Mall (c) Consideration for Approval of 45 h Annual Arts & Crafts Festival to Be Held September 13 & 14, 2019, in Library Square (d) Consideration for Approval of Dairy Day Celebration on June 7, 2019 (e) Consideration for Approval of Hutchinson Jaycee Water Carnival Requests (f) Consideration for Approval of Items for South Grade Road Corridor Improvements Project (Letting No. 2, Project No. 19-02) 1. Resolution No. 15035 - Resolution Ordering Preparation of Report on Improvement 2. Resolution No. 15036 - Resolution Receiving Report and Calling Hearing on Improvement (g) Consideration for Approval of Items for Water Treatment Plant Reverse Osmosis Membrane Replacements (Letting No. 9, Project No. 19-10) 1. Resolution No. 15038 - Resolution Ordering Preparation of Report on Improvement 2. Resolution No. 15039 - Resolution Receiving Report and Calling Hearing on Improvement (h) Consideration for Approval of Resolution No. 15032 — Resolution Establishing Location for Traffic Control Devices (i) Consideration for Approval of Change Order No. 1 — Letting No. 15, Project No. 18-15 (2018 Airport Improvements) (j) Consideration for Approval of Resolution No. 15034 - Resolution Authorizing Entering Into Lease Agreement for Compost Turner (k) Consideration for Approval of Resolution No. 15037 — Resolution Approving Site Plan, Conditional Use Permit, Preliminary and Final Plat of Prince of Peace Second Addition, and Vacation of Alley to Construct an Addition to Prince of Peace Senior Apartments Located at 301 Glen Street SW, 306, 316, 326 Franklin Street SW With Favorable Planning Commission Recommendation (1) Claims, Appropriations and Contract Payments — Register A 2 CITY COUNCIL MINUTES April 23, 2019 Items 7(d), 7(g), 7(h), and 70) were pulled for separate discussion Motion by Czmowski, second by Christensen, to approve Consent Agenda I with the exception of the items noted above. Motion carried unanimously. Item 7(e) was pulled for separate discussion. Tess Heikes, Hutchinson Jaycee Water Carnival Commodore, presented before the Council. Ms. Heikes explained the events being held for the Water Carnival this year. A new event for this year is Party in the Park being held June 8, 2019, to kickoff the week. The requests before the Council are similar as to previous years. Fireworks will be held on June 13'' and June 16''. Motion by Czmowski, second by Sebesta, to approve Item 7(e). Motion carried unanimously. Item 7(g) had further discussion. Council Member Cook asked the need for a public hearing since there is no bonding or no assessing required. He asked that it just be a regular agenda item instead of a public hearing as there isn't necessarily a purpose for it. Mr. Exner explained that because it is an improvement project, staff has treated them all the same in that a public hearing is held to stay consistent with the process for other projects. Mr. Exner believes that perhaps more than a decade ago the City's auditing firm had questioned why some improvement project had public hearings and some did not. Motion by Cook, second by Christensen, to approve Item 7(g). Motion carried unanimously. Item 7(h) had further discussion. Council Member Cook asked what the need for the parking restrictions are in this case. Mr. Exner explained that this is due to the first phase of the 51' Avenue SE project. Emergency Services and 3M felt it would be beneficial to have the proposed parking restrictions in place. Council Member Cook agreed it was beneficial during construction but did not see the need for it to be permanent and all of the restrictions should be temporary. Mr. Exner noted that the permanent parking restrictions were at the request of 3M. Motion by Cook to provide temporary parking restrictions during the construction project only. Motion failed for lack of a second. Motion by Czmowski, second by Forcier, to approve Item 7(h). Roll call vote was taken: Christensen — aye; Sebesta — aye; Cook — nay; Czmowski — aye; Forcier — aye. Motion carried 4 to 1. Item 70) had further discussion. City Attorney Marc Sebora confirmed that as presented at the last Council meeting, the proposed equipment will be owned by the City after all payments are complete at the end of seven years. Andy Reid, Finance Director, explained that this is essentially like a car loan but the bank is getting tax-exmpt proceeds. Motion by Czmowski, second by Christensen, to approve Item 70). Motion carried unanimously. 8. APPROVAL OF CONSENT AGENDA II (a) Claims, Appropriations and Contract Payments — Register B Motion by Czmowski, second by Cook, with Forcier abstaining, to approve Consent Agenda II. Motion carried unanimously. 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. CITY COUNCIL MINUTES April 23, 2019 Includes items like monthly or annual reports and communications from other entities.) 9. HUTCHINSON POLICE DEPARTMENT 2018 YEAR END REPORT Police Chief Dan Hatten provided a year end review. Items covered included staffing, accomplishments, service calls, arrests, crimes, nuisance properties, hospital security, response times, school liaison officer, child protection, drug task force, body cameras, as well as goals for 2019. Mayor Forcier asked Chief Hatten to review bicycle rules. Council Members thanked Chief Hatten for his years of service as he will be retiring effective May 3, 2019. 10. REVIEW OF TRUNK HIGHWAY 15/1\4AIN STREET PROJECT ITEMS Kent Exner, City Engineer, presented before the Council. Mr. Exner provided an update on work done to date on the Hwy 15/1\4ain Street project that is scheduled for reconstruction in 2020. Mr. Exner explained that 90% of the plans and bid documents are complete. A meeting is scheduled for May 9, 2019, to begin review of agreements and permits between the City and MnDOT. A second utility owners meeting will be held in May. A meeting(s) will be held the week of May 13'' with downtown businesses. Mr. Exner also reviewed items related to public and business engagement and outreach. By July 19, 2019, plans and bid documents will be 100% complete. The bid letting is scheduled for November 22, 2019, with construction beginning in the Spring of 2020. The official detour route utilizes Hwy 7 to the west and County Road 115. Mr. Exner reviewed the construction sequencing plan. Mr. Exner also reviewed the walkways with the standard concrete walk and the integrated colored concrete as well as the planter designs and four art pedestals. Mr. Exner noted that a neighborhood meeting for downtown property owners to review sewer and water utility improvements/assessments and general/streetscaping improvements/assessments is being held May 30, 2019, at the City Center. General discussion was held regarding assessments, planters and benches/trash receptacles. 11. DISCUSSION ON AMENDING CHAPTER 93 OF THE HUTCHINSON CITY CODE PERTAINING TO CHICKENS Matt Jaunich, City Administrator, presented before the Council. Mr. Jaunich noted that staff is approached several times per year on this subject and the last time the Council discussed it was 2015. Mayor Forcier noted that he had learned that Michael Massmann had been contemplating circulating a petition to residents to see how many residents supported or were interested in raising and harboring chickens. Mayor Forcier expressed that he feels if residents are interested in raising chickens they should have to complete a chicken -raising class. Council Member Sebesta noted that he has spoken to the individual that can teach the class. Council Member Sebesta noted that he has also spoken to Mr. Massmann who has done a lot of homework on raising and harboring chickens. Marc Sebora, City Attorney, noted that the main concerns that have been consistent over the years with raising chickens is enforcement and how to respect neighboring properties. Council Member Christensen spoke of the concerns she has with harboring chickens in the city. Council Member Sebesta stated that he feels the way Mr. Maasmann has laid out a proposed ordinance is very mindful of neighboring properties as well as good chicken owners. Michael Massmann, 563 Juul Road, presented before the Council. Mr. Massmann noted that he has spoken to 26 other cities who allow chickens. The average permit fee is $25-$50. Average number of chickens harbored is 4-40, however communities similar in size to Hutchinson average 6-12. He said the most consistent requirement amongst the communities was neighboring property approval and a permit fee. 11 CITY COUNCIL MINUTES April 23, 2019 Council Member Czmowski expressed that he feels Hutchinson does not need to have a restrictive permit fee or overly -restrictive requirements overall. Council Member Cook spoke of research he has done on harboring chickens. Mr. Jaunich noted that staff would like direction from the Council on whether or not staff should draft an ordinance or if this item should be included on the upcoming citizen survey. Council Member Czmowski suggested blending other communities' ordinances into a draft for Hutchinson and hold a workshop on the subject, inviting Mr. Massmann to attend. Mr. Massmann distributed a draft of the ordinance he is proposing as a starting point. Mr. Jaunich noted that staff will draft an ordinance for the Council to consider. 12. DISCUSSION ON SENDING A REPRESENTATIVE TO THE TRANSPORTATION ALLIANCE FLY -IN Matt Jaunich, City Administrator, presented before the Council. Mr. Jaunich noted that the McLeod County Board had suggested that the City send a Council Member to Washington D.C. in June for the Transportation Alliance Fly -In. County officials attend the event and they felt it would be beneficial for a city representative to attend as well. Mayor Forcier and other council members suggested that Council Member Cook attend the event as he has been instrumental on the 212 Corridor and other transportation issues. An out -of -state -travel request will be formally before the Council for approval. UNFINISHED BUSINESS NEW BUSINESS 13. APPROVE/DENY AMENDING VFW POST 906'S LIQUOR LICENSE TO INCLUDE LIQUOR CONSUMPTION IN OUTSIDE SEATING AREA Marc Sebora explained that the VFW has expressed an interest in designating an outside seating area next to their building. The VFW would like this area to include consumption of alcoholic beverages. The liquor license will need to be amended to allow for consumption in this area. Kent Exner, City Engineer, noted that the fence will need to be two feet back from the trail edge right of way line. Mr. Jaunich suggested that if the Council approve the request it will be on the condition that it meets all setback and zoning requirements. Motion by Cook, second by Czmowski, to approve amending VFW Post 906's liquor license to include liquor consumption in outside seating area with the condition that an adequate review is conducted by engineering and planning/zoning departments. Motion carried unanimously. 14. APPROVE/DENY FIRST READING OF ORDINANCE NO. 19-799 — AN ORDINANCE OF THE CITY OF HUTHCINSON TO REZONE PROPERTIES AT 306,316 AND 326 FRANKLIN STREET SW FROM R-2 (MEDIUM DENSITY RESIDENTIAL) TO R-4 (HIGH DENSITY RESIDENTIAL) AS REQUESTED BY PRINCE OF PEACE CITY COUNCIL MINUTES April 23, 2019 Dan Jochum, Planning Director, presented before the Council. Mr. Jochum explained that Prince of Peace is requesting a rezoning to accommodate the senior housing project that was recommended for approval by the Planning Commission. The three lots on the northeast portion of the block are recommended to be rezoned from R-2 to R-4. R-4 zoning is required to building apartment buildings. Motion by Sebesta, second by Cook, to approve first reading and set second reading and adoption of Ordinance No. 19-799 for May 14, 2019. Motion carried unanimously. 15. APPROVE/DENY ADVERTISEMENT FOR BIDS FOR THE 2019 RECREATION CENTER GYMNASIUM ROOF AND EXTERIOR WALLS UPGRADE/IMPROVEMENT PROJECT Mr. Jaunich explained that the Facilities Committee has been working with the engineering/architectural firm ISG to create plans and specifications for the Recreation Center roofing and exterior wall upgrade/improvement project. The plans include new roofing, insulation, interior ceiling liner and covering the existing exterior walls with a new facade. The committee believes that these improvements are necessary and will help protect and preserve the building envelope for the next generation of use. The probable cost estimate for the project is $991,257. The facility fund currently has this amount reserved for this project to be completed in 2019. If the bid is accepted and the contract is awarded, the project would begin as soon as the aquatic center swimming season is over. Construction would continue through September/October. A part of the project includes removal of the entire automatic fire sprinkler system within the gym portion of the building while doing the interior truss bracing, insulation, and ceiling liner work which will make the gym unavailable for use. Jaunich noted he did distribute a quote that does not include fastening of the brick facade. Dolf Moon, PRCE Director, spoke before the Council and spoke of the work the committee has done over the last 6-8 months on this project. The original roof has had extensive repairs over the years attempting to keep moisture out. Various inspections have found deficiencies in the existing cement block walls, side-lites and steel sheeting were identified. Options have been reviewed to prevent further moisture infiltration and damage from occurring. Over time moisture has continued to create problems with the roof insulation and it has extended down into the sidewalls, causing interior paint adhesion to fail. Mary Haugen, Facilities and Operations Manager, spoke before the Council and spoke of the current facility's deficiencies along with the proposed improvements. Council Member Cook noted that he likes the plan and knows that the roof needs to be replaced. He suggested that perhaps with the completion of the Parks Master Plan a different use for the Rec Center facility might be identified and he would hate to invest a large amount of funds on the exterior of the building. Mr. Jaunich suggested having a bid alternate be the brick veneer so the Council can compare the costs. CITY COUNCIL MINUTES April 23, 2019 Motion by Czmowski, second by Christensen, to authorize advertisement for bids with brick veneer being advertised as an alternate. Council Member Sebesta asked if a structural review of the facility has been conducted. Mr. Moon explained it has as part of the review of the improvements and that is why the cost is higher than originally anticipated. Motion carried unanimously. 16. APPROVE/DENY REQUEST FOR PROPOSALS FOR CITY MARKETING AND BRANDING INITIATIVE Matt Jaunich noted that this item was discussed at the last Council meeting. Some minor changes were made to the RFP that was reviewed at the last meeting. Motion by Czmowski, second by Cook, to approve Request for Proposals for City marketing and branding initiative. Motion carried unanimously. 17. APPROVE/DENY DIRECTION ON CITY PLAT MAPS Matt Jaunich, City Administrator, presented before the Council. Mr. Jaunich reminded the Council that in November 2017 the Council discussed preserving the historic city plat maps located in the Council Chambers. The McLeod County Historical Society provided a proposal to preserve the plats and the cost was around $300. At that time there was also discussion about donating the maps to the historical society. There was also some desire to keep the maps at the City Center but place them in a system that is conducive to preservation. Since that time, staff has been pursuing options for a storage system at the city. Ideally, a full room should be created to preserve all of its important documents. A project like that would ideally be done when the City remodels the City Center. Until then, a preservation cabinet could be purchased and used to store important documents like the plat maps. The Council directed staff to purchase a preservation cabinet to store the plat maps and other important documents. 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.) 18. APPROVE/DENY UPDATES TO CITY POLICIES (a) Employee Uniform and Clothing Policy (b) Safety Clothing and Protective Clothing & Equipment Policy Andy Reid, Finance Director, presented before the Council. Mr. Reid explained that the main goal of the updated Uniform & Clothing policy is to comply with the IRS requirement to tax employees for the value of clothing provided by the City, such as jeans and polo/button-up shirts. Clothing that does not meet the IRS's definition of a "uniform" must be considered a taxable fringe benefit to the employee, with the tax based on the value of clothing provided. Police officer and firefighter uniforms meet the IRS definition of a uniform and are not taxable. Because a reimbursement method or direct purchase is no longer acceptable, staff is recommending a clothing allowance paid to qualifying employees to mainly address the purchase of jeans/pants. The allowance will be paid through the City's payroll function with appropriate taxes withheld. The updated Safety Clothing and PPE policy provides for those safety wear items necessary in performing employee work duties. Any items provided to 7 CITY COUNCIL MINUTES April 23, 2019 employees within this policy are not considered a taxable benefit. It was suggested that gloves and hearing protection should be included in the PPE policy. The reimbursement of non-prescription eyeglasses should be clarified. Motion by Czmowski, second by Christensen, to approve updates to Employee Uniform and Clothing Policy and Safety Clothing and Protective Clothing and Equipment Policy. Motion carried unanimously. 19. MINUTES/REPORTS FROM COMMITTEES, BOARDS OR COMMISSIONS (a) Snow Removal & Ice Control Report for March 2019 (b) City of Hutchinson Financial Report and Investment Report for March 2019 (c) Hutchinson Housing & Redevelopment Authority Board Minutes from March 19, 2019 (d) Planning Commission Minutes from February 19, 2019 (e) Planning, Zoning, Building Department Quarterly Report MISCELLANEOUS 20. STAFF UPDATES Kent Exner — Mr. Exner spoke about frost boils and how staff will be trying to address them and costs associated with them. Discussion was also held regarding conditions of alleys. Matt Jaunich — Mr. Jaunich noted that the LMC Annual Conference early bird registration ends April 30, 2019; The City was selected for the Blandin Leadership program; The City received an OSHA grant in the amount of $10,000 for Creekside 21. COUNCIL/MAYOR UPDATE Chad Czmowski — Council Member Czmowski asked that the trail in front of the Middle School be treated similar to the trail that runs by Culvers and Menards. Council Member Czmowski also asked if a workshop could be scheduled to discuss the chicken ordinance. Motion by Czmowski, second by Sebesta, to scheduled workshop for May 14, 2019, at 4:00 p.m. to review a chicken ordinance. Motion carried unanimously. Mary Christensen — Council Member Christensen asked for an update on the tennis courts. Dolf Moon noted that work has started on removing fencing and completion of the project is anticipated for the end of July. Street sweeping has started and will continue over the next several weeks. Steve Cook — Council Member Cook commented that the South Grade Road improvements were approved. He spoke of the process used when approving projects and going out for advertisement for bids. He proposed approving plans and specs and then approve advertisement for bids at the following meeting and not at the same meeting as is current practice. Mr. Exner noted most of this has to do with the publication deadlines with the Hutchinson Leader. Council Member Cook also suggested appointing a council member to the facilities committee and the fleet committee similar to the Resource Allocation Committee. Gary Forcier — Mayor Forcier asked residents to clean out catch basins. He thanked residents for their understanding of alley conditions\. ADJOURNMENT Motion by Cook, second by Czmowski, to adjourn at 9:05 p.m. Motion carried unanimously.