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05-14-2019 CCMHUTCHINSON CITY COUNCIL MEETING MINUTES TUESDAY, MAY 14, 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 Sebesta, to approve the agenda with the additional item noted. Motion carried unanimously. 2. INVOCATION — Oak Heights Covenant Church (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. 15040 — Resolution Accepting $50.00 Donation from Roger & Mary Mies to the Hutchinson Police Department Towards the Law Enforcement Memorial Park Fund Motion by Cook, second by Christensen, to approve Resolution No. 15040. Motion carried unanimously. (b) Proclamation — National Poppy Day Mayor Forcier read a Proclamation proclaiming May 24, 2019, as National Poppy Day. 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 23, 2019 Motion by Christensen, second by Cook, to approve minutes of April 23, 2019. Motion carried unanimously. CONSENT AGENDA CITY COUNCIL MINUTES May 14, 2019 (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 Resolution No. 15041 — Amending Resolution No. 14877 Establishing Income Guidelines & 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 (b) Consideration for Approval of Resolution No. 15046 — Resolution Approving an Interfund Loan from the Sewer Fund to the Storm Water Fund to Finance the Acquisition of a New Street Sweeper (c) Consideration for Approval of Authorizing Crow River Winery to Dispense Liquor at Minnesota Garlic Festival at McLeod County Fairgrounds on August 10, 2019 (d) Consideration for Approval of Authorizing Buffalo Wild Wings to Dispense Liquor at Music in the Park at Library Square on June 10, July 8 and August 5, 2019 (e) Consideration for Approval of Issuing Short -Term Gambling License to Heart of Minnesota Animal Shelter on June 22, 2019 (f) Appointment of Dianne Wanzek to Library Board to April 2021 (filling Gerald Grinde's seat) (g) Consideration for Approval of Resolution No. 15048 - Resolution for Authorization to Execute Minnesota Department of Transportation Airport Maintenance and Operation Grant Contract (h) Consideration for Approval of 2019 Street and Pavement Repairs (i) Consideration for Approval of Street Replay Application (j) Consideration for Approval of Resolution No. 15042 — Resolution to Sell at Auction Unclaimed Bicycles (k) Consideration for Approval of Resolution No. 15043 — Resolution to Sell at Auction Unclaimed Miscellaneous Property Accumulated by Hutchinson Police Department (1) Consideration for Approval of Resolution No. 15045 — Resolution to Sell Surplus Information Technology Property (m) Consideration for Approval of Resolution No. 15059 — Resolution to Donate Surplus Fire Department Property (n) Consideration for Approval of Out of State Travel for Council Member Steve Cook to Attend the Transportation Alliance Fly -In in Washington D.C. from June 18-20, 2019 (o) Consideration for Approval of Revisions to the Safety Clothing and PPE Policy (p) Claims, Appropriations and Contract Payments — Register A Items 7(i) and 7(m) were pulled. 2 CITY COUNCIL MINUTES May 14, 2019 Motion by Czmowski, second by Cook, to approve Consent Agenda I with the exception of the items noted above. Motion carried unanimously. Item 7(i) had further discussion. Council Member Cook asked if property owners will be notified of the asphalt pavement maintenance services before they occur. John Olson, Public Works Manager, explained that door hangers and social media are typically how notification is done. Council Member Cook asked about information contained in the Ohio Report. Olson spoke about the information/results in the report. Cook asked if there are other products that do the same type of work. Olson explained the research conducted when determining what types of products to use for replaying projects. Motion by Cook, second by Christensen, to approve Item 7(i). Motion carried unanimously. Item 7(m) had further discussion. Council Member Christensen asked Fire Chief Schumann to explain the items they are donating. Chief Schumann explained that the Hutchinson Fire Department is donating old pagers that the department no longer uses since they have converted to new models. HFD is donating the pagers to the Silver Lake Fire Department. Secondly, the HFD is donating bunker coats and pants to Chaplain Ministries International out of Lindstrom, Minnesota. Chaplain Ministries collects the outdated fire gear to ship to areas of the world that have little or no fire protective gear. This gear can no longer be worn by HFD due to NFPA standards. Motion by Christensen, second by Sebesta, to approve Item 7(m). Motion carried unanimously. 8. APPROVAL OF CONSENT AGENDA II (a) Claims, Appropriations and Contract Payments — Register B Motion by Cook, second by Christensen, with Czmowski abstaining, to approve Consent Agenda IL Motion carried unanimously. PUBLIC HEARINGS — 6:00 P.M. 9. APPROVE/DENY ISSUING LIQUOR LICENSE TO MUDDY COW HUTCHINSON LLC LOCATED AT 35 3RD AVENUE SE Marc Sebora, City Attorney, presented before the Council. Mr. Sebora explained that Muddy Cow Hutchinson LLC has applied for a liquor license to open an establishment in the former Landy Lodge located at 35 3rd Avenue SE. All paperwork has been received and no concerns were noted in the background investigation. Mr. Sebora explained that Landy Lodge has an outstanding loan with the EDA in the amount of $26,000 and staff is requesting that the liquor license be issued on the condition that that loan be repaid by the new owner or the former owner. Matt Jaunich, City Administrator, noted that staff has received information that as part of financing for the new owners, that loan is anticipated to be paid off. Motion by Cook, second by Czmowski, to close public hearing. Motion carried unanimously. Motion by Cook, second by Czmowski, to approve issuing liquor license to Muddy Cow Hutchinson LLC with the provision that the EDA loan be repaid. Patrick Conroy, Muddy Cow Hutchinson LLC, presented before the Council. Mr. Conroy explained that the EDA loan will be repaid as part of their new ownership. Motion carried unanimously. 10. ASSESSMENT HEARING AND PROJECT AWARD FOR 5TH AVENUE SOUTH RECONSTRUCTION PROJECT (LETTING NO. 1, PROJECT NO. 19-01) (a) Resolution No. 15049 - Resolution Adopting Assessment CITY COUNCIL MINUTES May 14, 2019 (b) Resolution No. 15050 - Resolution Accepting Bid and Awarding Contract Kent Exner, City Engineer, presented before the Council. Mr. Exner explained that the City received four bids with the low bid coming in from Duininck Inc. in the amount of $2,833,969.04. This amount is 7% lower than the final engineer's estimate. Mr. Exner explained the assessment amounts. Randy Anderson, 506 Main Street South, presented before the Council. Mr. Anderson asked if this project is going through regardless of public comments. Mr. Anderson asked the benefits of the sidewalk being proposed. Council Member Cook explained that the main purpose is for safety and also provides a connection from Main Street west since there is already a sidewalk east of Main Street and will connect to Lynn Road. Rory Fairbanks, 506 Franklin Street SW, presented before the Council. Mr. Fairbanks explained that he learned that 11 feet of his property along 5 h Avenue SW will be lost due to the project. Mr. Fairbanks explained that actually he will be losing 14 feet of property due to the installation of the sidewalk. Mr. Fairbanks noted that this eliminates the majority of his off-street parking in front of his garage. Because of the installation of the sidewalk, Mr. Fairbanks explained that he was informed that they would no longer be able to park in this area. Mr. Exner explained the reasoning for the curb line and the continuity of the sidewalk, along with the desire to keep a tree in the area. Mr. Exner feels that other solutions are viable other than moving the sidewalk. Mr. Fairbanks does not believe that he should have to remove the garage when it is a structure that was there when he bought the home. Council Member Cook noted that the City has meandered/redirected sidewalks around other properties on other projects and he feels the City should be able to do so around the Fairbanks property as well. Randy Anderson presented before the Council. Mr. Anderson noted that a third option would be to compensate the Fairbanks for a new garage if the City would require the sidewalk in its location. Motion by Czmowski, second by Christensen, to close public hearing. Motion carried unanimously. Council Member Cook noted that he is in favor of the project, however he is requesting staff to get an estimate to see what it would take to curb the sidewalk down to make the driveway usable and perhaps share the cost and have further discussions after the costs are received. Exner noted that he does not feel there will be any extra costs unless a tree is removed - this is more of a design issue. Council Member Christensen asked that staff work with the Fairbanks as well on redirecting the sidewalk. Motion by Czmowski, second by Cook, to approve Resolution Nos. 15049 and 15050. Motion carried unanimously. Motion by Cook, second by Christensen, to request staff to make an adjustment to the sidewalk that runs adjacent to the Fairbanks property — if there are extra costs associated, the costs should be presented to the Council. Council Member Czmowski expressed that although he empathizes with the Fairbanks, he feels that redesigning the sidewalk around their property specifically can create future issues with other properties. Motion carried unanimously. 11. SOUTH GRADE ROAD CORRIDOR IMPROVEMENTS PROJECT (LETTING NO. 2, PROJECT NO. 19-02) (a) Resolution No. 15051 - Resolution Ordering Improvement and Preparation of Plans and Specifications (b) Resolution No. 15052 - Resolution Approving Plans and Specifications and Ordering Advertisement for Bids Kent Exner, City Engineer, presented before the Council. Mr. Exner explained that this project includes a street mill/overlay and reconstruction on South Grade Road from Dale Street to Trunk Highway 15. The estimated project cost is $2,360,000 and is scheduled to begin late Summer 2019. 11 CITY COUNCIL MINUTES May 14, 2019 Mr. Exner spoke about the trees that will need to be removed and the proposed locations of the replantings. Mr. Exner also spoke about the proposed roundabout to be installed on South Grade Road at the service road entrance. Cody Glesener, 964 Merrill Street, presented before the Council. Mr. Glesener asked that the Council proceed with this project as he feels it will help immensely with drainage issues on his property. Bruce Rannow, 585 South Grade Road, presented before the Council. Dr. Rannow expressed concerns with access to his property during construction. Dr. Rannow noted that it was suggested that perhaps the construction could occur in stages, such as to the east of his driveway and then when completed then west of his driveway. Dr. Rannow also noted that since the trail has been installed, the City has taken care of it. He asked if that will remain after the improved trail is put in place. Dr. Rannow also asked if the mail receptacle will be relocated. Doug Brown, 954 Church Street, presented before the Council. Mr. Brown asked for further explanation on the new crosswalk at Merrill Street towards Cash Wise. Mr. Brown noted his concerns that the sidewalk from the cross walk to Cash Wise meet ADA standards. Motion by Czmowski, second by Sebesta, to close public hearing. Motion carried unanimously. Council Member Cook asked about the traffic west of the roundabout coming and going from Cash Wise and how it correlates to the stop light and potential stacking issues. Motion by Sebesta, second by Christensen, to approve Resolution Nos. 15051 and 15052. Motion carried unanimously. 12. WATER TREATMENT PLANT REVERSE OSMOSIS MEMBRANE REPLACEMENTS LETTING NO. 9, PROJECT NO. 19-10) a) Resolution No. 15053 - Resolution Ordering Improvement and Preparation of Plans and Specifications (b) Resolution No. 15054 - Resolution Approving Plans and Specifications and Ordering Advertisement for Bids Kent Exner, City Engineer, presented before the Council. Mr. Exner explained that this project is to procure equipment to facilitate the regular replacement of the existing membranes with installation to be administered by City staff. The estimated project cost is $411,400. Bids are scheduled to be opened on June 12, 2019. The membranes were last replaced in 2013. Motion by Czmowski, second by Christensen, to close public hearing. Motion carried unanimously. Motion by Cook, second by Czmowski, to approve Resolution Nos. 15053 and 15054. Motion carried unanimously. 13. APPROVE/DENY GRANTING A FRANCHISE TO HTUTDK AND UPONOR TO ERECT COMMERCIAL SIGNAGE IN THE CITY RIGHT-OF-WAY OF TECHNOLOGY DRIVE NE Marc Sebora, City Attorney, presented before the Council. Mr. Sebora explained that with the construction of the new roadway, Technology Drive NE, near HTUTDK and Uponor, it was determined that the companies' current business sign was located in the middle of the roadway. Because the City does not permit such signs in the middle of public streets, it was determined that the sign would be relocated on the west side of the street entrance, however would be located on city - owned property. To accomplish this, a franchise needs to be authorized by the City so that there is a formal recognition that the sign is permitted on public property. There would be no cost for the businesses as part of the franchise, however insurance is required for requirement for liability purposes so that the City may be indemnified if there is a claim involving the sign. CITY COUNCIL MINUTES May 14, 2019 Motion by Czmowski, second by Christensen, to close public hearing. Motion carried unanimously. Motion by Czmowski, second by Cook, to approve first reading of Ordinance No. 19-800, granting franchise to HTI/TDK and Uponor to erect commercial signage in the City right-of-way of Technology Drive NE. Council Member Sebesta clarified the width of the roadway. 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.) 14. DISCUSSION AND REVIEW OF THE 2019 NATIONAL CITIZEN SURVEY INFORMATION Matt Jaunich, City Administrator, presented before the Council. Mr. Jaunich explained that the National Citizen Survey is scheduled to be distributed this summer. As part of the survey, the City can include three custom questions. There are no charges for these three added questions. Mr. Jaunich is asking the Council to think about custom questions that they might want to include on the 2019 survey. Formal action on the final survey questions will be included on a future Council agenda. Discussion was held regarding questions surrounding funding for street improvements or a sales tax for recreation center upgrades. 15. UPDATE ON SUMMER CAMPGROUND ATTENDANT Matt Jaunich, City Administrator, presented before the Council. Mr. Jaunich noted that staff has included funding within the 2019 budget for a part-time/seasonal person to serve as the Summer Campground Attendant for the City. The attendant's hours will be Monday -Thursday from 4-7pm and Friday -Sunday from 1:00-8:00 p.m. This schedule will run from May 10 — Labor Day. After Labor Day, the hours will most likely be reduced to Friday -Sunday from 4:00-7:00 p.m. Some of the duties of the position include daily cleaning and maintenance duties in the campground restroom buildings and campground area; customer service to park guests including making sure guests are properly checked in and they know the campground rules, along with providing information about park facilities and regional attractions to guests and visitors; notify police when issues arise regarding park rules and policies; inform users of the park (through handouts) about Emerald Ash Borer and the city's desire to use "safe" wood; and provided assistance to paddle sports users. UNFINISHED BUSINESS 16. APPROVE/DENY SECOND READING AND ADOPTION OF ORDINANCE NO. 19-799 — AN ORDINANCE OF THE CITY OF HUTCHINSON 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 Mr. Jaunich noted that the first reading of the ordinance was held at the last Council meeting and relates to the expansion at Prince of Peace. No changes have been made to the ordinance since the first reading. Motion by Cook, second by Christensen, to approve second reading and adoption of Ordinance No. 19-799. Motion carried unanimously. NEW BUSINESS 31 CITY COUNCIL MINUTES May 14, 2019 17. APPROVE/DENY PLACING AN EAGLE SCULPTURE IN MCLEOD COUNTY VETERAN'S MEMORIAL PARK Dave Skoog, Vice President of McLeod County Veterans Memorial Park, presented before the Council. Mr. Skoog explained that the Veterans Memorial Park Board is requesting to place an eagle sculpture in the Park. Mr. Skoog described the project and provided an illustration of the depiction of the sculpture which will be placed in the circular flower area of the park. Mr. Skoog explained what the eagle symbolizes to veterans. Mr. Jaunich noted that the eagle will be donated to the Park and the Council will have a Resolution before them in the future to formally accept the donation. Motion by Cook, second by Czmowski, to approve placing an eagle sculpture in McLeod County Veteran's Memorial Park. Motion carried unanimously. 18. APPROVE/DENY PROJECT AWARD FOR TECHNOLOGY DRIVE & WEST HIGHLAND PARK DRIVE CONSTRUCTION PROJECT (LETTING NO. 5, PROJECT NO. 19-06) (a) Resolution No. 15055 - Resolution Declaring Cost to be Assessed and Ordering Preparation of Proposed Assessment (b) Resolution No. 15056 - Resolution Declaring Adequacy of Petition and Waiving Hearing on Proposed Assessment (c) Resolution No. 15057 — Resolution Adopting Assessment (d) Resolution No. 15058 — Resolution Accepting Bid and Awarding Contract Kent Exner, City Engineer, presented before the Council. Mr. Exner explained that three bids were received with the low bid coming in from Wm. Mueller & Sons in a bid amount of $624,274.08 which was approximately 10% lower than the final engineer's estimate. This project is to construct Technology Drive and West Highland Park Drive. The property owner has petitioned for this improvement and have waived the assessment hearing and any objections to any irregularities with regard to the improvement assessments. Motion by Czmowski, second by Christensen, to approve Resolution Nos. 15055, 15056, 15057 and 15 05 8. Motion carried unanimously. 19. APPROVE/DENY RESOLUTION NO. 15047 TO AMEND THE 2019 GENERAL FUND BUDGET Andy Reid, Finance Director, presented before the Council. Mr. Reid explained that due to the frost boil repairs that have been necessary, staff is recommending that $200,000 of general fund reserves be allocated to the 2019 Street Department operating budget to repair the affected roadways. The City budgets for an average weather year in order to avoid excessive surpluses. Due to this practice, it is necessary to use reserve funds in those years with extreme weather conditions. This budget amendment is a one-time use and the 2020 budget will be lowered to a level which supports typical operations. John Olson, Public Works Manager, noted that repairs will begin next week. The streets being repaired include Arch Street SE, Elks Drive SE, Lakeview Lane SW, 7 h Avenue NW, Service Road 4, Sherwood Street SE, Garden Road NE, Michigan Street NE, Orchard Avenue SE, Lindy Lane NE, and Prairie View Drive SW. Motion by Cook, second by Forcier, to approve Resolution No. 15047. Motion carried unanimously. 20. APPROVE/DENY SETTING BUDGET WORKSHOP FOR MAY 28, 2019, AT 4:00 P.M. Matt Jaunich, City Administrator, noted that staff is getting set to begin the 2020 budget season. To assist with that, staff would like to have a workshop with the Council to discuss the process that is 7 CITY COUNCIL MINUTES May 14, 2019 being used to establish the budget and to get some feedback from the Council on budgetary goals for 2020. Motion by Czmowski, second by Forcier, to approve setting budget workshop for May 28, 2019, at 4:00 p.m. 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.) 21. MINUTES/REPORTS FROM COMMITTEES, BOARDS OR COMMISSIONS (a) Public Arts Commission Minutes from March 14, 2019 MISCELLANEOUS 22. STAFF UPDATES Kent Exner — Mr. Exner explained that MnDOT and the Chamber of Commerce held three Main Street/Hwy 15 business owner meetings today to attempt to keel everyone aware of project updates. An assessment informational meeting will be held on May 30 h with property owners for utilities assessments. He also noted that Hwy 15 north of Kimball to I94 is detoured and will be through most of summer. Matt Jaunich — Mr. Jaunich noted that City offices will be closed on Memorial Day — May 27, 2019. 23. COUNCIL/MAYOR UPDATE Gary Forcier — Mayor Forcier asked Dolf Moon if the aquatic center hours could be extended past Labor Day if the weather is nice. Two main items to consider are that construction will begin on South Grade Road at the end of summer and the roof replacement on the Rec Center needs to begin. Also, staffing is always an issue towards the end of summer due to the majority of staff being college students and high school students. Mayor Forcier also asked if the perhaps the Hutchinson Leader could publish something on the "rules of roundabouts" or perhaps something could be put out by staff on social media. ADJOURNMENT Motion by Czmowski, second by Cook, to adjourn at 8:05 p.m. Motion carried unanimously.