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08-13-2019 CCMHUTCHINSON CITY COUNCIL MEETING MINUTES TUESDAY, AUGUST 13, 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, and Marc Sebora, City Attorney. (a) Approve the Council agenda and any agenda additions and/or corrections Motion by Czmowski, second by Christensen, to approve the Council agenda as presented. Motion carried unanimously. 2. INVOCATION — New Journey UCC (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 Council Member Christensen congratulated Erin Westlund, former Miss Hutchinson, on her new title of Aquatennial princess. (a) Resolution No. 15085 — Accepting Donation from Friends of the Luce Line Trail for Costs Associated with the Tree Planting Project Along the Luce Line State Trail Motion by Christensen, second by Sebesta, to approve Resolution No. 15085. Motion carried unanimously. 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 Michael Maasman, Juul Road, asked the mayor if he would be accepting public comment during the chicken ordinance discussion. Mayor Forcier noted he will not be accepting public comment during that discussion. 6. APPROVAL OF MINUTES (a) Regular Meeting of July 23, 2019 Motion by Czmowski, second by Cook, to approve minutes of July 23, 2019. Motion carried unanimously. CITY CO UNCIL MINUTES August 13, 2019 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 to Purchase CreeksideTM & SplendorGroTM Poly Bag Film (b) Consideration for Approval of Wastewater Treatment Facility Ditch Aeration Project Equipment Procurement (c) Consideration for Approval of Change Order No. 1 — Letting No. 2 Project No. 19-02 (South Grade Road Corridor Improvements) (d) Consideration for Approval of Amending Boards/Commissions Calendar for Public Arts Commission Meetings (e) Consideration for Approval of Resolution No. 15086 — Resolution Disposing at Auction of Surplus Public Works Department Equipment (f) Consideration for Approval of Issuing Temporary Liquor License to United Way on September 7, 2019, at Roberts Park (g) Claims, Appropriations and Contract Payments — Register A Motion by Cook, second by Sebesta, to approve Consent Agenda L 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. - 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.) 9. UPDATE AND REVIEW ON MINNESOTA GREENCORPS PROJECT Andy Kosek, Creekside Manager, presented before the Council. Mr. Kosek explained that Creekside has been the host site for a Greencorps member for the past 10 1/z months. Evan Vollmer, Greencorps member, provided a review of the projects he completed in his time with Creekside. These included a contamination audit, maintaining an online presence, educational outreach, instituted new organic equipment, and implemented VMF Park recycling. Evan also spoke about a survey he created and distributed in January with the results helping with the future of the program. Mr. Kosek spoke on how current staff will try to continue on with the projects Evan instituted. 10. DISCUSSION ON SUGGESTED ORDINANCE CHANGES FOR CHAPTER 111 — PEDDLERS 2 CITY CO UNCIL MINUTES August 13, 2019 AND SOLICITORS AND CHAPTER 123 — FOOD VENDORS Matt Jaunich, City Administrator, presented before the Council. Mr. Jaunich explained that staff has received a letter from Dan Hart of Bobbing Bobber Brewing Company requesting that the Council consider some revisions to the chapters related to Peddlers/Solicitors and Food Vendors. Dan Hart, Bobbing Bobber Brewing Company, presented before the Council. Pertaining to food vendors, Mr. Hart is requesting that the Council consider either reducing the food vendor license for a vendor that intends to operate for one day or a very short term. Another suggestion was to allow temporary food vendors to operate solely under their State license as opposed to having to get a City license as well. Mr. Hart had asked how RiverSong operates with their food vendors that are in for a one -day event. Council Member Cook noted that Minneapolis has a sponsorship license that can cover multi -vendor food vendor events. Marc Sebora, City Attorney, spoke about the advantages to having the City named as an additional insured. Mayor Forcier noted he likes the sponsorship idea with the fee being determined by the number of vendors held for an event. Council Member Czmowski also likes the idea of a one -day permit option. Council Member Cook suggested that if vendors are on private property no additional insured is required, but public property insurance would still be required. Pertaining to Peddlers/Transient Merchants, Mr. Hart would like to have occasional vendor fairs at the brewery. Mr. Hart suggested two potential options — one, add Bobbing Bobber Brewing Company to the exemption list of those entities exempted from having to obtain a license or two, have Bobbing Bobber Brewing Company obtain a sponsorship license covering all the vendors. Staff feels perhaps having both a sponsorship option and a temporary permit option like the food vendor suggestions would work for peddlers/transient merchants. First drafts of these ordinance changes will be considered at the next Council meeting UNFINISHED BUSINESS 11. FOLLOW UP DISCUSSION ON AMENDING CHAPTER 93 — ANIMALS — PERTAINING TO CHICKENS Matt Jaunich, City Administrator, presented before the Council. Mr. Jaunich explained that the Council spoke about amending the City's animal ordinance, specifically pertaining to chickens, at a workshop last May. From that workshop, the Council had some proposed revisions to the ordinance and they asked staff to survey other cities that allow chickens for their feedback. Mayor Forcier noted that based on information presented, he is not comfortable with having chickens in the city. Council Member Christensen commented that she has not received one comment from residents in favor of chickens but she has received several comments from those that do not wish to have chickens in the city. Therefore, Council Member Christensen commented that she is not in favor of having chickens. Council Member Czmowski noted that he has not received too much feedback either way on the topic, however he noted he would be receptive to having chickens in the city. Council Member Sebesta noted on the feedback he has received, he would be receptive to having chickens in the city. Council Member Cook noted that he likes the ordinance that is proposed, however he has concerns that if chickens are allowed, will that lead to other types of farm animals being allowed. Council Member Cook commented that he does not see a big push to allow chickens in the city. Council Member Cook noted he could go either way with either allowing or not allowing chickens in the city. Council Member Sebesta expressed that he feels the first reading of an ordinance should be considered for the Council to take formal action on. This item will be on the next Council agenda. 12. APPROVE/DENY ORDINANCE NO. 19-802 — AN ORDINANCE TO REZONE PROPERTY AT 477 AND 479 HWY 7 EAST FROM R-2 (MEDIUM DENSITY RESIDENTIAL) TO I-1 (LIGHT INDUSTRIAL PARK) AS REQUESTED BY DALADO, LLC, PROPERTY WITH FAVORABLE CITY CO UNCIL MINUTES August 13, 2019 PLANNING COMMISSION RECOMMENDATION (SECOND READING AND ADOPTION) Dan Jochum, Planning Director, presented before the Council. Mr. Jochum explained that the applicant has applied to rezone two small areas of land to I-1 Light Industrial District from R-2 Medium Density Residential. No changes were made from the first reading of this ordinance. Motion by Cook, second by Czmowski, to approve Ordinance No. 19-802. Motion carried unanimously. NEW BUSINESS 13. APPROVE/DENY 2019 MAIN STREET SPORTS BAR STREET DANCE ON SEPTEMBER 27 & 28, 2019 Matt Jaunich, City Administrator, presented before the Council. Mr. Jaunich explained that part of the request from Main Street Sports Bar is to extend the noise ordinance to allow for amplified sound to 12:30 a.m. on these two dates and to extend the area where liquor will be served into a city -owned parking lot. Council Member Cook commented that he has concerns with the noise exemption extending to 12:30 a.m. Motion by Czmowski, second by Christensen, to approve 2019 Main Street Sports Bar street dance on September 27 & 28, 2019 as requested. Ryan Alsleben, Main Street Sports Bar, presented before the Council. Mr. Alsleben explained that having the dance end at 12:30 a.m. makes it easier for crowd control due to it being closer to bar closing time. Roll call vote was taken: Christensen — aye; Sebesta — aye; Cook — nay; Czmowski — aye; Forcier — aye. Motion carried 4 to 1. 14. APPROVE/DENY SECOND ANNUAL BOBBING BOBBER BREWING COMPANY OKTOBERFEST EVENT ON SEPTEMBER 27 & 28, 2019 Matt Jaunich, City Administrator, presented before the Council. Mr. Jaunich explained that part of the request from Bobbing Bobber Brewing Company is to extend the noise ordinance to allow for amplified sound to 11:00 p.m. on these two dates and to extend the area where liquor will be served into a tent area in the parking lot. Motion by Cook, second by Czmowski, to approve Bobbing Bobber Brewing Company Oktoberfest event on September 27 & 28, 2019. Motion carried unanimously. 15. APPROVE/DENY RESOLUTION NO. 15084 - RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR WATER TREATMENT PLANT REVERSE OSMOSIS MEMBRANE REPLACEMENTS PROJECT (LETTING NO. 9, PROJECT NO. 19-10) 11 CITY CO UNCIL MINUTES August 13, 2019 John Olson, Public Works Manager, presented before the Council. Mr. Olson explained that the City received one bid for the water treatment plant reverse osmosis membrane replacements project. The bid came in from Goldeneye Solutions with a bid of $337,680. Motion by Cook, second by Czmowski, to approve Resolution No. 15084. Motion carried unanimously. 16. APPROVE/DENY FIRST READING OF ORDINANCE NO. 19-803 — AN ORDINANCE REPEALING CHAPTER 34 OF THE HUTCHINSON CITY CODE — FINANCE AND TAXATION Marc Sebora, City Attorney, presented before the Council. Mr. Sebora explained that in June 2018, the United States Supreme Court issued a decision allowing states to begin collecting sales tax from out-of-state and internet retailers. Because of this, the Minnesota legislature amended state law pertaining to the collection of sales tax to require the payment of Minnesota sales tax for sales made to Minnesota residents by out-of-state retailers. The statute changes go into effect October 1, 2019. The MN Dept. of Revenue has proposed that cities which have local sales taxes amend their sales tax ordinance to incorporate these new statutory changes which will allow the DOR to more efficiently collect sales taxes that are due to local municipalities. The DOR and LMC presented all cities that have local sales taxes with a model ordinance for local City Councils to approve. The ordinance before the Council would repeal the existing Hutchinson sales tax ordinance and replace it with a new sales tax ordinance that incorporates the new state law. Motion by Czmowski, second by Christensen, to approve first reading of Ordinance No. 19-803. Motion carried unanimously. 17. APPROVE/DENY FIRST READING OF ORDINANCE NO. 19-804 - AN ORDINANCE SUSPENDING ENFORCEMENT OF SECTION 92.018 OF THE CITY CODE PERTAINING TO HOURS OF CONSTRUCTION DURING THE SOUTH GRADE ROAD RECONSTRUCTION PROJECT Matt Jaunich explained that this request is similar to other requests made before the Council to allow for the noise ordinance to be extended for street improvement projects. This specific request is to revise the ordinance to allow for the start time on Saturdays to be 7:00 a.m. instead of 9:00 a.m. Motion by Czmowski, second by Cook, to approve first reading of Ordinance No. 19-804. Motion Carried unanimously. 18. APPROVE/DENY SETTING BUDGET WORKSHOPS FOR AUGUST 27, 2019, AND SEPTEMBER 10, 2019, AT 4:00 P.M. Motion by Czmowski, second by Sebesta, to set budget workshops for August 27, 2019, and September 10, 2019. Motion carried unanimously. CITY CO UNCIL MINUTES August 13, 2019 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.) 19. MINUTES/REPORTS FROM COMMITTEES, BOARDS OR COMMISSIONS (a) Economic Development Authority Board Minutes from June 26, 2019 (b) Hutchinson Utilities Commission Minutes from June 26, 2019 (c) Planning, Zoning, Building Department Quarterly Report MISCELLANEOUS 20. STAFF UPDATES Tom Gifferson — Chief Gifferson noted that he has been asked to speak regarding the civil defense sirens. Council Member Cook informed him that during the last tornado warning some residents indicated that they could not hear the sirens when they were outside. Chief Gifferson provided a map of the current locations of the civil defense towers and the areas of the city they cover. Chief Gifferson commented that the diagnostics report indicated no malfunctions of the system during the last tornado warning. Chief Gifferson also spoke about compliance of the new hands -free law. John Olson — Mr. Olson noted that 5 h Avenue is to be opened from Main Street to the east by this Friday. Work is continuing on the west side. Mr. Olson also noted that staff is also working on City lots and alleys related to cracks and other types of maintenance issues. Frost boil work should be complete by the end of next week. Mosquito control will continue through August 21" and will then be re- evaluated as Fall sports start. Tim Gratke — Mr. Gratke commented on a valve that needs to be replaced mainly due to issues with flushable wipes/qtips/rags/cotton balls, etc. Matt Jaunich — Mr. Jaunich noted that the National Citizen Survey does have an opt -in option for those residents that would like to complete the survey that did not receive it in the mail. 21. COUNCIL/MAYOR UPDATE Steve Cook — Council Member Cook asked the Council if there is a desire to reconsider Tobacco 21. If not, he asked if the Council would consider directing staff to ask McLeod County to consider such a regulation. Mayor Forcier commented that he would prefer to wait until the State takes action on this issue. Gary Forcier — Mayor Forcier noted that a biking group containing approximately 300 bicyclists will be in town this weekend. ADJOURNMENT Motion by Czmowski, second by Sebesta, to adjourn at 7:40 p.m. Motion carried unanimously. ATTEST: Gary T. Forcier Mayor Matthew Jaunich City Administrator 31